Los Angeles daily herald., 1888-08-24

and merchandise in bond across or over
the territory OF the United States to or
from Canada. There need be no hesita-
ton in suspending those laws, arising
from the supposition that their continue
alton is secured by treaty, for it seems
quite plain that Article 20 of the treaty
OF 1871, which was the only article in
cooperating such laws, terminated in
July, 1885. The article itself declares
that its provision shall remain in force
for the term of years mentioned in Art
icle 23 Of this treaty. Turning to Article
SO, we find no mention of the Goth art
icle, but find provision referring to Art
icles IS to %, inclusive, and Article 80.
am of the opinion that the "term of
years" referred to in Article 20, means
the period during which Articles lS to 25,
inclusive, and Article 80, commonly
called the Fishery Article, shall continue
in force. In addition to other satisfac-
tory evidence supporting the cspstruc-
ton of the language of Article 80, it will
it will be found that the law passed by
Congress, March 1, 1873, to carry the
treaty into effect, furnishes conclusive
proof of the correctness of such construc-
ton.
After quoting the act of March, 1873,
the President says: Here, then, is the
distinct enactment of Congress limiting
the duration of this article Of the treaty
to the time that Articles 1S to 25 inclu-
sive, and Article 80 should continue in
force. There appearing to be no conflict
or inconsistency between the treaty and
the act of Congress, last cited, it is not
necessary to invoke the we'll settled prin-
ciple in the case Of such conflict. The
statute governs whether the law of 1873
construes the treaty or governs it. Sec
ton 20 OF such treaty, have no doubt,
terminated with the proceedings taken
by our Government to terminate Articles
l8 to 25 inclusive, and Article 80 of the
treaty. These proceedings had their in
ception in the joint resolution Congress
passed May 3, 1888, declaring that these
articles ought to be terminated and direct
ing the President to give the notice to
Great Britain, provided for in Article SO
of the treaty. Such notice having been
given two years prior to the LIST of July,
1885, the articles mentioned were
ABSOLUTELY TERMINATED
On that day, but the statutes granting
to the people OF Canada valuable priv
ileges of transit for their goods, which
had been passed prior to the making of
the treaty of 1871, and independently of
it, remained in force, and even since the
abolition of the treaty the people of the
Dominion enjoyed without limit the ad-
vantages OF our liberal and generous
laws. Without basing our complaint
upon the violation of the treaty, it is
nevertheless true that such refusal of
transit and other injurious acts which
have been recited constitute provoking
insistence upon rights neither mitigated
by the amenities of National intercourse
nor modified by recognition of our lib
erality and generosity. The history of
the events connected with this subject
makes it manifest that the Canadian
| Government can administer its laws and
protect the interests of its people with
out manifestation of unfriendliness,
and without the unneighborly treatment
of our fishery vessels of which we have
justly complained, and whatever is done
on our part shall be done in the hope
that the disposition of the Canadian
| Government may relieve the occasion to
resort to the executive power now sought
to be brought about. I wish to call the
attention of Congress to another subject
involving such wrongs and unfair treat
ment to our citizens as in my opinion re-
quires prompt action. The
NAVIGATION OF THE GREAT LAKES
And the immense business and carrying
trade growing out of the same have been
treated broadly and literally by the
United States Government and made
free to all mankind, while the Canadian
railroads and navigation companies share.
| in our country transportation upon terms
as are as favorable as are accorded our
own citizens. The canals and other pub
lie works built and maintained along the
line of lakes are made free to
all. In contrast to this condition
and evincing a narrow and un-
generous commercial spirit, every
lake and canal which is public work in
Canada, is subject to tolls. By the treaty.
of 1871 provision was made to secure to
the citizens of the United States the use
of the Welland, st. Lawrence and other
canals in the Dominion of Canada on
terms OF equality with the inhabitants of
the Dominion, and yet evidence has for
some time been before Congress showing
that the tolls charged on cargoes des-
tined to Canadian ports are nearly all
refunded, while cargces bound for
American ports are not allowed
such advantage. recommend that
legislation be had as will give
Canadian vessels navigating our canals
and their cargoes the same advantages
granted to our vessels and cargoes upon
Canadian canals, and that the same be
measured by exactly the same rule of
discrimination. These are subjects
which partizanship should not disturb or
confuse. Let us survey the ground
calmly, and having put aside other
means of settlement, if we enter the
policy of retaliation, let us pursue it
firmly, with determination to subserve
the interests of our people and maintain
the high standard and becoming pride of
American citizenship.
(Signed) GROVER CLEVELAND.
IHE SENATE.