Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1888-08-24

period during which articles is to %, inclus-
I've, and article 80, commonly called the
fisheries articles, should continue ia force
under the language Of said article 3s.
That tho high commissioners who negotiated
the treaty 80 understood and intended the
phrase is certain, for in statement contain
ing an account Of their negotiations pre-
pared under their supervision and approved
by them, we find the following entry on the
subject: "The transit question was discussed,
and It was agreed that any settlement that
might be made should include a reciprocal
arrangement in that respect for the period
for which the fishery articles should be in
force.n
In addition TO this very satisfactory evil
dence supporting this construction Of article
% ii will be found that the law passed by /
congress 10 carry the treaty into effect |
furnishes proof OF the correctness OF such /
construction.
This law was passed March I, 1878, and is
entitled, IAN net to carry into effect the
treaty between the United States and Great
Britain signed in the city of Washington tho
Sthday OF May, 1871. relating TO the fisheries
After providing In its first and second sec
tions for putting into operation articles rs to
%, inclusive, and article 80 of the treaty, the
third section IS devoted 10 article 20, as
follows: "Sectlon 3. That from the date OF
the presidents proclamation authorized by
The first section Of this act, and so long as
she articles IS to 25, inclusive. and article
80 of said treaty shall remain in force ac-
cording 20 the terms and conditions of
article B of said treaty, all goods, wares and
merchandise arriving, etc, etc, y following
in the remainder of the section the precise
words of the stipulation on the part Of the
IIn4ff1 &fntua na contained in arttrla "a
Whlsh have already fully quoted
Here, then. s a distinct enactment of the
congress limiting the duration OF this article
OF treaty 10 the time that articles Is 20 y, in
siusivc and article 80 should continue in
force; that in fixing such Limitation it but
gave the meaning Of the treaty itsRlf is in
dicated by the fact that ii purpose is but 70
/ carry into sifect tie provisions ot the treaty,
and 10y the further fact that this law appears
TO have been submitted before the promulga-
tion OF the treaty TO certain members OF ib1
I joint high commission representing hoth
countries and mes NTH no objection.
There appearing 10 be no conflict or in.
consistency between the treaty and the act
OF the congress last cited, IL is not necs-snry
10 invoke the well settled principle that ~
case Of such conflict tne statute governs the
question.
In any event, and whether the law os 1878
construes the treaty or governs it, section "
Of such treaty, have no doubt, terminated
with the proceedings taken by our govern.
msnt 10 terminate articles rs to 25, inclusive
and artice 30 OF the treaty. Those proceed
inga had their inception ia joint resolution
81 congress passed May 8, 1855 declaring
that u tho judgment Of congress- thesc mr.
ticlcs ought 70 be terminated, and directing
fas flartf -. fa
mont Of Great Br.is provided for ia article
80 Of tho treaty. Such notice having beer
given two years prior % the lst day o
July, 1856, the articles mentioned were ab
solutely terminated on the last named day
and with them article 20 was also terminated
II by any language used IN The joint rosl
lution It was intended Is relieve section
Of the act Of 1873, emhoayiae article ~ q
, the treaty from its own limitations, or :
save tie article itself, .in enuf-ly Statistic
that this intention miscarriel
, But statutes granting " the people {
Canada the valuable privileges ot truns
for tbeir goods from our ports and over on
soil, which had been passed prior 70 Che mal
ing OF the treaty Of 1871, ami independent
, OF Il, remained in force; and ever since th
abrogation Of the treaty, and notwithstans
, ing the refusal OF Canada to permit on
, fishurmen 70 send their fish 10 their hon
= market through her territory in bond, Il
r people Of shat Dominion have enjoyed will
o out diminution the advantages OF our iiberi
{ and generous laws
; Without basing our complaint upon an
! violation OF treaty obligations, it Is neve
thelsss true that suoh refusal Of transit, an
/, tho other injurious acts which have been +
r. cited, constisuts a provoking insistanee upc
y national intercourse nor modified by Il
& recognition OF our liberality and generol
o consideration.
y The history Of events connected with th
(: subject makes ID manifest that the Canadia
s government can, if so disposed ndminist
its laws and protect the interests Of ito peop
without manifestation OF unfrioudlincss al
}. without the unneighborly treatment OF ol
g fishing vessels OF which we have justly col
q planned; and whatever is done on our pa
b should be done in the hope that the dispoi
IS tion of the Canadian government may 7
move the occasion OF a resort to addition
4 executive power, now sought through legi
4 lative action
IS l am satisfied that upon the principl
lt which should govern retaliation our inta
q course and relations with the Dominion
Canada furnish no better opportunity for
Il application than is suggested by the como
q tions herein presented; and that it could II
q be more effectively inaugurated than und
/. the power Of suspension recommended.
4 While have expressed my clear convicti'
a upon the question Of the continuance
le section 20 OF the treaty Of 1871, / Of couF
NJ fully concede the power and the duty Of {
congress, in contemplating legislative actio
d to construe the terms of any treaty stipul
r. ton which might upon any possible consi
Is erstion Of good faith, limit such action; al
10 likewise the peculiar propriety in the ca
70 here presented Of its Interpretation Of
lr own language, as contained in the laws
Of 1878, putting in operation said treaty, and
Ia 1888, directing the termination thereof; a.
ID if in the deliberate judgment OF congr'
any restraint to the proposed legislation q
ir lists, it is TO bs hoped that the expediency
vs. its early removal will be recognized.
re / desire also to call the attention Of Z
congress to another subject involving su
IN wrongs and unfair treatment 10 our citize
to as, in my opinion, require prompt action.
Of The navigation Of the great lakes, and {
be immense business and carrying trade gro
ia ing out of the same, have been treat
be broadly and literally by the United Stai
government. and made free TO all mankir
x while Canadian railroads and navigati
az companies share in our country's transport
H. tion upon terms as favorable as are accord
lie to our own citizens
ly The canals and other public works, bu
ed and maintained By the government along
line of the lakes, are made free 70 all