The Delta independent., 1888-08-28


executive the power to suspend by procla-
nation the operation of all laws and regula-
tions permitting the transit of goods, wares
and merchandise in bond across or over the
territory of the United States to or from
Canada. There need be no hesitation to
suspending these laws arising from the sup
position that their continuation is secured
by treaty obligations, for II seems quite
plain that article 20 Of the Treaty OF lsfl,
which was the only article incorporating
such laws, terminated July l, 1855. The
article itself declared that its provisions
shall remain in force for the term of years
mentioned in article 33 of this treaty. Turn
ing to article 33 we find no mention OF the
10Th rticle, but find provision referring
to articles IS to % inclusive aud article 30.
1 am of the opinion that the term OF
years" referred to in article % means the
period during which articles Is to 25 inclu-
sive and article 80, commonly called ''the
fishery article" shall continue in force. In
addition to other satisfactory evidence sup
porting this construction of the language
of article 20, 1t will be found that the law
passed by Congress March l, 1873, to carry
the treaty into effect furnishes conclusive
proof of the correctness of such onstruc-
ton.
After quoting the act of March, 1873, the
President says: "Here, then. is distinct
enactment OF Congress limiting the dura-
tion Of this article .of the treaty to the time
that articles IS to % inclusive and article go
should continue in force. There appearing
to be no conflict or inconsistency between
the treaty and the act of Congress last cited,
| Ga 60 IN tho ltgaf faf
principle that In case OF such conflict the
statute governs the question. Whether
the law of 1sT3 construes the treaty or gov
erns it, section e9 of such treaty, have no
doubt, terminated with the proceedings
taken by our government to terminate arti-
cles Is to 25 inclusive, and article so OF the
treaty.
These proceedings had their inception in
a joint resolution OF Congress passed May
8, declaring that these articles ought to
be terminated and directing the President
| TO give the notice to Great Britain pro-
vided for in article SO of the treaty. Such
notice having been given two years prior
to the first day of July, 1855, the articles
mentioned were absolutely terminated on
that day.
But statutes granting 10 the people OF
Canado valuable privileges OF transit for
their goods which had been passed prior TO
the making o. the treaty OF ls7l and indie
pendently OF IL, remained in forse. And
ever since the abrogstion Of the treaty the
people of the Dominion have enjoyed with.
out diminution the advantages Of our lib
erai and generous laws.
Without basing our complaint upon the
violation of treaty obligations it is never
theless true that's such continuance of trsnsi.
and the other injurious acts which have
been recited constitute a provoking insist
ance upon rights neither justified by the
amenities OF national Intercourse nor de-
served by the recognition OF our lioerality
and generous consideration.
The history OF the events connected with
this subject makes Ii manifest that the
Canadian government can administer its
laws and protect the interests of its people
without the manifestation of unfriendlineSs
and without the unneighborly treatment
| of our fishing vessels of which we have
Justly complained. and whatever Is done
on our part shall be done in the hope thas
the disposition of the Canadian government
I may remove the occasion of the resort to
additional executive power now sought
through legislative action.
desire 20 call the attention of Congress
TO another subject involving sucn WRONGS
and unfair treatment 10 our citizens as In
my opinion require prompt attention. The
navigation of the great lakes snd immense
business CT the carrying trade growing oat
| of the same have beer treated broadly and
literally by the United States government
and made free tn all mankind. The Can
adam Railroad and Navigation Company's
share In our country's transportation has
been conducted upon terms as favorable As
are accorded to oue own citizens. Our
canals and other public works built and
maintained along the line OF lakes are
made free to all. In contrast to this
condition and evincing narrow
md ungeperous commercial spirit.
every lock and canal which is q pablo
work of Canada is subject to tolls. By the
treaty of ISL, provision was made to secure
TO the citizens of the United States the use
of the Welland and St Lawrence, and 9TH
er canals in the Dominion OF Canada on
term of equality with the Inhabitants of
the Dominion aud yet evidence has for
some time been before Congress, showing
that the tolls collected on carsoes destined
TO Canadian ports are nearly all refunded,
while the cargoes bound for American ports
Are not allowed such advantage. 1 recon-
mend that such legislation be had as viii.
give the Canadian vessels, navigating our
canals and their carSoes the same advan.
tages granted our vessels and cargoes upon
| Canadian canals, and that the same be
measured by the same rule of discrimina.
| ton.
These are subjects which partlsanship
should not disturb or confuse, Let US sur
vey the ground calmly, and having put
aside other means of settlement, II we en-
Ter upon the policy OF retaliation let us pur
sue 1t firmly with the determination only to
subserve the interests OF our people and
maintain the high standard becoming the
pride Of American citizenship.
| GROVER CIEyELAND.
President Cleveland has asked Con-
sress to give him power to suspend by