The west Tennessee star. (Bolivar, Tenn.) 1888-1888, 1888-08-31

SAID possessions under such rules ana reBoAa-
tons and conditions for the protection OF the
revenue as the governments Of the said Posses
sions may from time to time pre-
scribe, and under like rules and
regulations and conditions, goods, wares or
merchandise may be conveyed in transit with
out payment Of duties from the United States
through the said Possessions to other places in
the United States, or for export from ports in
the sad Possessions"
In the year 1886 notice was received by the
representatives of our Government that our
fishermen would no longer be allowed to ship
their fish in bond and free Of duty through
Canadian territory to this country; and ever
since that time such shipment has been
denied. The privilege Of such shipment
which had been extended TO our fishermen.
was most important one, allowing them to
spend the time upon the fishing grounds which
would otherwise be devoted to voyage with
their catch, and doubling their opportunities for
prosecuting their vocation. In forbtddtng the
transit OF the catch Of our fishermen over their
territory in bond, and free of duty. the Cana
dian authorities deprived US Of the only facility
dependent upon their concession, andf for which
We could supply no substitute.
The value to the Dominion Of Canada Of
the privilege Of transit for their exports and
imports across our territory and to and from
our ports though great in every aspect, will be
better appreciated when it is remembered that
for a considerable portion of each year the St.
Lawrence river which constitutes the direct
avenue of foreign commerce leading to Canada
s closed by ice, during the last six years the
imports and exports of the British Canadian
Provinces carried across our territory under
the privileges granted by our laws
amounted to about two hundred and seventy
millions of dollars, nearly all OF which wsre
dutiable under the tariff laws, by far the
larger part Of this traffic consisting Of ex.
changes of goods between Great Britain and
her. American provinces, brought to an d car
ried from our ports in their own vessels. The
treaty stipulation entered into by our Govern
ment was in harmony with laws which were
then on our statute book, and are still in
force.
recommend immediate legislative action
comforting upon the Executive the power to
suspend by proclamation the operation of all
laws and regulations permitting the transit Of
goods, wares and merchandise in bond across
or over the territory of the United States 70 or
from Canada. There need be no hesitation in
suspending these laws arising from the suppo-
sltion that continuation is secured by treaty
obligations, for it seems quite plain
that Article 20 of the treaty of
1871, which was the only Rrti-
Gle Incorporating such laws, terminated
the first day Of July, 1885. The article itself
declares that the provisions shall be IN force
for the term OF years mentioned in Article 33 of
this treaty. Turning to Article 80 we ind no
mention of the Twenty-ninth article, but only
a provision that Articles IS to 25 Inclusive and
Artlsle 30 shall take effect as soon as the laws
required to carry them into operation shall be
passed by the legislative bodies of the
different countries concerned, that they shall
remain in force for the period of ten years from
the date at which they may come into oper-
alton; and further until the expiration Of two
years after either of the high contracting
parties shall have given notice to the other of
its wish to terminate the same.
Z am of the opinion that the terms Of years
mentioned in Article 80, referred TO in Article
19 as the limit of It's duration, means the Pc
riod during which Articles IS to 25. inclusive.
and Article 30-commonly called the fishery
artfcles-should continue in force under the
language of Article SO. That the Joint High
Commissioners who negotiated the treaty so
understood and intended the phrase is GER
tain, for in a statement containing an account
of their negotiations, prepared under their su-
pervision 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 reciprocal arrangement
in that respect for the period for which the
fishery articles should be in force
In addition to this very satisfactory evtS
dence supporting this construction of
the language of Article 20, it will
be found that the law passed
by Congress to carry the treaty into effect
furnishes conclusive proof OF the correctness Of
such construction. This was passed March 1,
1873, and is entitled an act to carry into effect
the provisions of the treaty between the United
States and Great Britain, signed in the city Of
Washington the eighth day of May, 1871, relat-
ing to the fisheries. After proceeding, in its
first and second sections for putting in opera
ton Articles IS to p inclusiYe, and Article
30 OF the treaty, the third section is de-
voted to Article % as follows:
Section 3-'"That from the date OF the
Presidents proclamation authorized by the
drst section of this act, and so long Articles
1S to 25 inclusive and Article 80 of said treaty
shall remain in force according to the terms
and conditions OF Article 80 of said treaty, all
goods, wares and merchandise arriving, ETC.,
afn n q
the precise words of the stipulation the part
of the United States as contained in Article 90
which have already fully quoted.
Here, then, is a distinct enactment of the
Congress limiting the. duration of this article
of the treaty to the time Articles IS to 25 in
elusive, and Article 30 should continue in force
That In fixing such limitation it but gave the
meaning of the treaty itself, is indicated by
the fact that its purpose is declared to be to
carry into effect the provisions of the treaty
and by the further fact that this law appears 70
have been submitted before the promul cation
of the treaty, to certain members of the Joi MT
High Commission, representing both countries,
and met with no objection or dissent.
There appearing to be no conflict or incon-
sistency between the treaty and the act of the
Congress last cited, It is not necessary to in
woke the we'll principle that in case of
such conflict the statute governs the question.
In any event and whether the law OF 1873 con-
strues the treaty or governs it, Section 20 of
such treaty, have no doubt terminated with
the proceedings taken by our Government To
terminate Articles 1S to p inclusive, and Arti-
Gle 80 of the treaty. These proceedings had
their inception in joint resolution OF Congress
passed May g. 1888, declaring that in the iudg-
ment of Congress these articles ought to be
terminated, and directing the President to
give notice to the Government of Great Britain.
provided for in Article 80 OF the treaty Such
notice having been given two years prior to the
hrst day Of July, 1885, the articles
mentioned were absolutely terminated on
the Iast-named day and with them Article 90
was also terminated. II, by any language used
In the joint resolution. 1t was intended TO re-
lieve Section of the act OF 1879, embodying
Article 20 of the treaty, from its own Iimita-
tions, to save the article. am entirely salts
fed that the intention miscarried, but statutes
granting TO the people Of Canada valuable priv
neges of transit for their goods from our ports
and over our soil, which had been passed prior
| to the making Of the treaty Of 1872, and inde-
pendently Of It, remained in force; and ever
since the abrogation OF the treaty, and not
withstanding the refusal OF Canada 70 permit
our fishermen 20 send their fsh 90 their
home market through her territory In bond.
| the people Of the Dominion have enjoyed
| without diminution the advantages Of
| our liberal and generous laws. Without bssing
! our complaint upon violation Of treaty Obli-
| cations, IL is nevertheless true that such re-
| fusal of transit and the other injurious acts
/ which have been recited constitute q provok-
| ing insstance upon rights neither mitiRated
/ by the amenities of National intercourse, nor
modified By the recognition OF our ltoeraitty
and generous consideration The history Of
svents connected With this subject makes it
manifest that the Canadian Government can
/ IL so disposed. administer its laws and protect
the interests ofits people without manifestation
| OF unfriendlfuess, and without the nneighbor.
| IL treatment Of cur fishing vessels Of which we
/ have Justly complained. and whatever is done
on our part should DO done in the hope that the
| disposition Of the Canadian Government may
remove the occasion Of q resort 90 the nddi-
4 Al FH0h
l legislative action
/ am satisfied that upon the principles which
/ should govern retaliation. our intercourse and
/ relations with the Dominion OF Canada furnish
no better opportunity for its application than
1 is suggested by the conditions presented, and
I ahaa enrIa not be uanra alactLuaLz Laaz.lra.aa