Huntsville gazette., 1888-09-01

house and conveyed IN traniss "i'noue sno
payment Of duties through the territory OF the
United States, under such rules, regulations
and conditions for the protection OF the revenue
as the government of the United States may
from time to time prescribe; and under like
rules, regulations and conditions, goods, wares
or merchandise may be conveyed in transit
without the payment Of duties from
such possessions through the terri
tory Of the @ United States
for export from the said ports Of the United
States. It is further agreed that for the like
period goods, wares or merchandise arriving at
any of the ports of her Britanic Majesty's
Possessions in North America and destined
for the United States, may be entered at the
proper Custom and conveyed in transit
without the payment OF duties through the
SAID Possessions under such rules and regula
tions 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 said Possessions"
In the year 1885 notice was received Dy the
representatives of our Government that our
fishermen would no longer be allowed to snip
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 cur fshermens
was a most iInportan 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 forbidding 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, and 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 q considerable portion of each year the St.
Lawrence river which constitutes the direct
avenue OF foreign commerce leading to Canada
Is 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 we're
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 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
conferring 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 to or
from Canada. There need be no hesitation in
suspending these laws arising from the suppo-
obligations, for 1t seems quite plain
that Article 90 of the treaty Of
1871 which was the only arti-
Gle Incorporating such laws, terminated
the first day of July, 1855. The article itself
declares that the provisions shall be IN force
for the term of years mentioned in Article SO OF
this treaty. Turning to Article 33 we find no
mention Of the Twenty article, but only
provision that Articles IS to 25 inclusive and
Article 80 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
lLS WISH 10 terminate the same.
I am Of the opinion that the terms Of years
mentioned in Article SO, referred to in Article
10 as the limit of Its duration, means the pe-
riod during which Articles 18 to 25, inclusive,
and Article 30-comnaonly called the fishery
articles-should continue in force under the
language Of Article 33. That the Joint High
Commissioners who negotiated the treaty SO
understood and intended the phrase is GER
tain, for in statement containing an account
of their negotiations, prepared under their su-
pervision and approved by them, we find the
following entry on the subject:
1.-THE transit question was discussed, and II
was agreed that any settlement that might be
made should include q reciprocal arrangement
in that respect for the period for which the
fishery articles should be in force" .aaez1
In addition to this very satisfactory evi,
dence supporting this construction of
the language Of Article 90, 1t 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 l.,
1879 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.
tion Articles IS to 25 inclusive, and Article
voted to Article 90 as follows:
Section 3-'That from the date OF the
Presidents proclamation authorized by the
first section Of this act, and so long as Articles
is to 25 inclusive and Article 80 of said treaty
shall remain in force according to the terms
and conditions Of Article SO OF said treaty, all
goods, wares and merchandise arriving, etc.,
etc." following in the remainder Of the section
the precise words Of the stipulation on the part
Of the United States as contained in Article 90
which have already fully quoted.
Here, then, is distinct enactment Of the
Congress limiting the duration Of this article
Of the treaty to the time Articles IS to % in
elusive and Article 80 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 to
have been submitted before the promulgatfon
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, II is not necessary to in
woke the wellsettled 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