IMAGE EVALUATION TEST TARGET (MT-3) (meaning "CON- TINUED"), or the symbol V (meaning "END "), whichever applies. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — -^ signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent 6tre film6s d des taux de reduction diffdrents. Lorsque le document est trop grand pour ktre reproduit en un seul cliche, il est filmS & partir de I'angle supdrleur gauche, de gauche d droite, et de haut en bas, en prenaiit le nombre d'images nicessairo. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 I I NATIONAL LWRARY | C A BlBl.IOTH. AN A D A I :q\ji<: nation ale I TIONSVWITH OANABA-ANNEXATION. SPEECH OW HON. JOHN SHERMAN. OF OHIO, DELIVERED IX THE SENATE OF THE UNITED STATES, Tuesday, vSeptember 18, 188S. m * ^ I WASHINGTON. 1888. « . i Belalious with Canada— Annexation. SPEECH OF IlOiSr. JOlIl^ SHERMA^X^, OP OHIO, In the Senate of the United States, Tuesday, September 18, 1888. by Mr. c!.TJl^,?v"i!"*',''"T'"" -","''"■ '^^""^if'-^TRtioii Uie resolution submitted SlIEKMAN bepteml.ei i7, l.i8-i, hh follows : miiiuu Jiesolred, TUhI the Conimiltee on Foreign Uelations bedirected tn iiw.ini-,. i,.(^ find report at Uie next m-sMon ..f roii-rrNstbe stalei'niie r 1 .t i, r i ' i- V^*J State, with Cir..Ht hraain an J ,l,e l.oan..i!;"of C a^'dt w .1 ' "l ' n as n'^f ureexped.ont to pro aote fnendly ..onMnercial and political intiM- onr.Ve h tw'cMi il:^.^:^:::':!^^:::,^::^ sute.andto.thut purpose u.^o'^l:::'!:^ Mr. S HERMAN Haiti: Mr Pkk^idkxt: The recent niess-^Te of the President recommend- ing a line ol retaliation against tlie iJomiuionof Canada involves the coudidonitiou o) our relations with that country in a lar more import- ant aiul comi.reheusive way than Con-ress has ever ])elbre be-n called upon to s^ive. The recent treaty rejected l)y the Senate related to a Bing e subject at ectiug alone our treaty rights ou her northeastern coast. The act ol retaliation ol 1887 was conlined to the same sulnect- matter. I his message, however, treats of matters extending a.io.ss the continent, ailectiug commercial relations with everv State and Territory on our norti;ern lioundary. Under these circumstances I leel it is m v dti y to l>iy.se,u my views of all these cognate subjects, and in doing so 1 leel bound to discard as lar as ].o.ssible all political controversy Ibr in dealing with lor-ign relations, and especially those with our nearest neighbor, we should think only cf our country and not of our i.artv i he prolilem betore us would be much easier to solve if we could treat alone with Canada as an independent jHiwer, but this in lorm is impossible, though by the wise ami generous policy of Great IJritain the government ol Canada has been ])ractically committed to the Cana- dian J arliameut. Our negotiations have been and must be with Great l.ritain though our diderencesare with Jier dependencies, the Domin- Tnt r'''f'\!'^'^ \^l': ^'r^'''^ "'■ ^^^^-^'^^^naiLl, which'particiimted in the negotiation ol tue late treaty, and their consent to the treatv was necessary to its ratiiication. It can not be .ioul)ted that if the English Government was alone to be consulted, it would readily, in conformity to Us ttvmved pr.iuiides and modern practice, concede to American tish eimm the right to enter its ports and harbors to purchase supplies and transship comninditif-^ i'.iit. tf) n-^c tlip I:injxna«o of the Presirleut, the C.inailiiiu jiiitlioriii. - auil (iiliccis diny ii'- iIu'm- juisih fics aiitl have Huhjfoted ourcitizi'iis eiina^icd in lishiii^ ciitei'id ..-si-s in waters adjacent to tiieir noitlieastern slioiv to nnmerous voxntioiis mlei lereiices and annoyancfs. liavc sei/ed and sidd tlicir vcsxls upon .slit;ht pietexta, and liave ollifiwist; treated iheiuma rude. har>ii, and Dpinixsive man- ner. He (in tiler sass: This coiitluct liii-* 1i»'eii !\i>ilifi((l liy (Jrcnt Uriliiiii ami t'anaila, l)y lilt* claim th it the triMly ol l^l.>> |>eniiilicil ;|. and ii|iiiii the nrniiiul t.iul il was iict'e-.^ary to 1 lie iiiopfr proti'i'tmn <.f < ainKiiaii iiilere~t.«. W <■ lii-ny that I rciity a^iire- Iiieiit-' lu-t ify tlitsc iiitrt, and wr I'm i her ma in lain that. a--idf li(.ni any ticiiiy re- MtraiiilH. i)("ili>|>uleil inlei pjclulion, llu' i ciuliN c |>nsitj<,n»int iiimnui re, tlie (Icvilopmi'nt and |)ri)-|ienty of hut h ei unit lie.-', which aniii'alile ic hit ions mi rely .uniiranly, and above all, tlie lihcrality iihvayM oxtemted liy tht^ I nit«-eriiuination of country or ve.-i.seis Ol mode ot tiaiiNpnitation. Out policy lia>iieen es)ie(ially liivorablc to Canada, as the duty on the articles she ex|ioried to t!ie I'liited States wereexceiitionally low. iler Iresli lish were admitted freeof duty into our conn'^'y through ourports, harbors, and adjacent waters. This public policy was adojited not by treaty only, but by I'riendl}' laws, in liatinoiiy with the neneral jjood will of our peoj>le toward a l^iiidred race in iaii;;ua:ie, institutiou-i. and origin, haviiiir a c niiiiion boitiniiiiy ol t.tui:) miles, itmi with ^vlloul it is our desire and liojie to estal)iisli more intimtite relations, ;uid, in due lime, a common union and destiny. The Presideiit ((tmiilains that on the part of Canada there was an en- tire want of reeiiii'oeity, that — While keenly si nsit ive to all that was exa'-peratins in the condition, and liy no means indispoyed to .Hnpport the jus", complaint-i of onr inpiri'il lilizens. [ still Ueeiiied it ni.v ;eneral sentiment of the people of the I'liited States, aMd especially of those who are nearest in interest and m locality to the scene of the wroufTS we complain of. The exclusion of our lish(>rrnen by that treaty from the extensive wa- ters and bays adjacent to the tishini: urounds, on which they have the same rij^htsas Ciitiadian lishermen, ailmitted to be ours both by tretity and international law. should never have been conceded except for con- cessions of commercial rights of etinal importance. When we look in the trejity for such concessions we find suih trivial provisions as that le y 1- n our lishiiiK vessels need not report to a oiistoni-hoawe when putting into the hays and IkiiImus lor shelter or rcjiairiiiu (laiii;i;;es. or lor pnrchas- iii<; wood or ohtaiiiiiiji water. IJiit u\eii tiiis euncession prohibits our vessels reiiiaiuiii}; more tiiau twenty-lour hour>. They were not to be liable lor e(iiiH)ul.soiy i)ilotaj;c anil are relieved from certain dues which are not inli.ired a;iaiil^L any ('<>niiiu'icial ves>el. In <'ase ot' lieiiiji driven iiite any bay or j)ort under stnss oi' weather they could unloail \\heii siu h iinlitailinji is made nei < ssary as incidental to re- pairs, may replini-^h provisjciis or supplies daiiumed or lost by disa^ter. in certain eases they could jjiinhase supplies lor the homeward vity- age. They were promised that tlie iienaities lor violatinfi the customs lawssliould not exceed the value of the ship and ii,s earj^o, that tl\u ]ti<>cecdin.;s slumld be as inexpensixe as jiracticable, that reasonable bail shoulit be accepted, and the usual incidents ot a fair ami speedy trial are promised. These provisions are not concessions. All these are rijihls which an An^lo-.^^axon i»elieveH are inherent to man, as life, liberty, and |>toperty, rights which we have tieiiKinded from Al^^iers and I'ripKli. which we ha\e exacted I'rom (.'liiiia and Japan when they opened their dnorsto I'^uropcan civili/at on, ri-hts which (ireal liritain would not albiw to be il. nicd to Knglishnieu by any nation ol the world. Any nei^otiatiou lor such riirhts is a reiuoacli to the framersof the treaty, 'ilu; very fact ol' their concession by Canada and accept- ance by 11-^ is iiu admission iha'. they had been denied by the t'anaiiiaii authorities, and that we had to buy these common rights by extend- ing the local Jur .-diction of Canada over va.-^t bays wliere our Usher- men had i>lied their vocaliun for more than one iumdied years. 'Suv docs the lifteenth article lielp the treaty, lor that is only au ofl'er iliat. if we will repeal our duties on lish oil, whale oil, .seal oil. and lisli of all kinds 'exiept lish lUeserNcd in oil), as well as on the usual and neccs^.uy casks, barrels, ke;i>. cans, and other coveriiijis of the products named, \\liether these duties aie neicssary lor levcniieor lor pidtvctioi!, then, and only in that e\enl, they will allow our vessels to enter their ports for — 1. The imreliiise of provisions, bnit, ice, seines, lini.-s, find all other supplies anil (iiitiiis. :J riaii-wliipmeiit ofeiiteh, for transport liy any iiieiins of eoiiveyanee. 3. Sliii»piiin «)f crews. r.ut even this article does not allow our fi-^bim; ve.'^sels to have any rights exct'iit thn.-e s|)eclaily sp.ciiied in tin- tiiiee clauses named. All and more of the rights jyroposed iiy tliis article have lieen freely y stDiipin;: for a time the irn;M)rtation offish anil otlur ;<(Mnls iioiii pmts Ironi wlncli our ti-«lnriiitMi are excliKlfd, and tliisa one would luall proWalislity liavestcur«d justict-. !.»,s)»itality, and e(jti.il coiunu re al |ui\ ilci^es to our iNluTinfii: tiut lie chose to ne- gotiate. «iiil tlif result wa.H a piojeet or a inaty wtiieli seeures none of these exreiit u])nn a ^'ll^llIllll r oi tlie ia\!n.; |H)\v«rol' thf vtrniiitnt. The l'ie>iilcnt eonii)lams I hat the treatv iv.is ri-j>eli-l«rahle wasone tostipii- late /or the entry ol our lishin;^ vessels into Canadian poits with the HJiine eoinineii.iai privilemsihat are now enjoyi-d liy the I'.iiti.-h and Canadian vessels in our poits, Imi it wass.iiil in ihi-'uininittiM-and con- c'uri'eil in l>y all that saeli an aiiit'iiuatii)ii as wfll. to iejf ii<-^oliatioti ami iMi:ivail- in^: ri'iiKiiiHtiMiii't' liiel |>:ih-.i >l,:iii( .Mhii'Ii :;. 1ns7. This was the statement of a fact alwolutely true, and is not in any sense a denial of the riiijit of the I'rc.sideiit. under theConsiilutioii and by and with the advice and consent of the .Senate, to mtike treaties. That Coiijiress did expect him to pui>iie the cotirr tin- adin-tmi'iit of Ilii- loii;^-^tiimliii>r iialiiuial dillVrencos with whivh we havo to ileal, liy iiielhoN »»f cdilt-reiiee ami iinree- nieiit. ^Vha^ were tlie-je iHlVerences? Xoii(> were sui.'<:esteil hy the treaty he sent us except those ;^n'wiiiir out of the treaty of 1-1-', wliieh related alone to our fishery riiihts. These were not settled hy the treaty ex- cept hy new conees>-iiiiis and hy a surrender of the taxiuii ])ower. Wo believe they lould have Iiei'ii easily and quickly sctiled hy his exeeiit- inj; the law of March :!. l--'7. He >ecm< to tie unwilling to execute that law, which umlouliledly expressed thedeliiier.ite juilh and (•ami con- icplfd ity won 111 l»o [)l' the (!«'- llic liiited itirr. liav- he Riindy riiese con- 1, lor it was : extended (Ivaiita^cH, of tlu' Scn- prt'soiit he t in- Somite iimle clause iiiul iMiiivnil- aiiil u itliDiit s not m any titution and iko tivatios. 1 out Ity the i'(|ually true liations, and fssi'd its dis- •e.-iidfiU says i.iiiitr national u-i; lui'i iim"'-'*-- the treaty he vhich related iie treaty ox- power. We ly i)is fxeciit- > fxecvite that it orCoii.nrcss iclinetl to ap- lupntes to tlie ■ issue. set.s out iinary powors the use of her • \ purely executive otViccr. eliars^ed with tho execution ot' a law, placfs his oi»inion and his will ahove the law, declines to renew the ne;;otia- tions, neirlects tn carry ont the plan of retaliation provided hy law, and a;iys he will " thereiiin' turn to the contemplation of a plan of retalia- tion ■' entirely ilitVerent ami distinct I'rom tiie one provided hy the law, and asks C'onjiress to jirant him tlie power of siispendinji a commerce stated hy him to have amounted to .i^'.'7(»,( 'lit ),()()(» duriiiL; the last six years. It is no wonder that this sndden change of hase excites stirpiiso in hdth countries and is regarded as a mere political iiioveiin nt to di- vert attention Irom the real issue, and. lor parly purposes, to hroadeu » local controversy into one tliat may involve the peace of two great countries. This hrinjM nie directly to the consideration of the method of retalia- tion provided hyexi>tinii law and that reeouiiueuded by the President. The act of March '.i, I'^'^l, provides: That whenever the I*ic«iili-iil of the rnitedStntos ««hnll liosnfisflpd flint Amer- ican tUliiiiK vcsseN or ,\iinri<'aii ti«h«'rrneii. vi^ilin-^ or lnMim in llie waters or at any port-* or place's of the Ihitisli iloniinionsof Nurlli .» nieri'H.areor then luti'ly havt- hecn deninl or Ht>ri our countrymen the privileges referred to? And this would have heen a just and i)roper measure of retalitition. Ffe wonhl have indicted upon Canadian vcs- .sels the precise injury to the same extent that has been indicted upon American lishernien. lUit, not content with this, he proposes a measure of retaliation that will inllict great injury upon our own citizens, in no way connected with the lisheiy dilliculties; will arrest a vast commerce i)eneticial to both countries, which has heen conducted in peace and safety and ■without controversy for years, which tarnishes occupation for our rail- roads ami other modes of transjiortatiou, and to a vast number of our people; which causes no loss to our revenue; which will create damngo and irritation along the whole length of our border, from the (iulf of Ht. Lawrence to the .-^tiMits of Fuca. It will, without furnishing a remedy to the tishermen ein;iloyed upon our northeastern tisheries, in- flict an injury to all engaged in cominerco on thi; upper lakes, to sev- eral lines of railroads through \evv Kngland States, will check the construction of railroads to and from the friendly province of .Mani- toba, probably lead to the suspeusioa and Itreukiny olf of the expor- tition of coal from nhiu ami tlic Wont to Canada, ami the sliipiiientof u Ileal lioiii llie IJcil l.ivir (.•ouiitry to Miuiuapolis, ii» lie uioiintl iiilo Hour lor ie-c\i)ort or houiu luiisuniiiUoti. In tttlur wonlH, it \\ill>ti.s- peiul or c'uiii.H ruri.H a coiiiiufri'f ol »'XiM)rtft a"'l iiiipitrUs am{if;iatiiig uoaily slo<»,ii()(»,(lti(i a yrar. A piopo.-itiou likt- this, niadi; williout warning in the iiiiil>t ol a |inlar i-ln Uoii. wiili all tliu air and ^nr* roiMidinns oT a st-nsatinii, is tin* rrsponsc in an cariU'st di'niand made \>y till' li^tlicrrnfii ^>l Niw liimlaiid lliat tln^y siionld In- Htriiri'd in the enjoy null 1 ofwiiat tlifv holieve to he thi-ir iin(|iit'sti(jiial)le rijilils. On vviiat mound is tills recoiunicndatioii made.' IT to secure the rlKlits (d'onr eili/ens it is necessary '<» inaUe tiiesesacrilices, a jiatiiolic; peojile will not lor a nKuiitnt hesitate; Imi ilihis is a mere expiession ol" resetitincnl )»ecause the Senate has imt approved the treaty, or i.s a mere hhilVto attr.u I popular leeiiiii: in aid of a political canvass, in no way necessary to secure lln^ oliject sou;ilit. the Senate should proiniitly deny the jxiwer asked loi. ami appeal to the solier judnment ot our peo- ple to sui>pi>it them in resisting measures so danjicrous to the peace and prosperity ol the (•oiintiy. The hroad (|Uestiou is presented whether it is wise to eonler this power on the I'resideiit o*' the 1 iiitcd States under existing eireumsiaiict.-;, and this involves the consideration of our coniuiereial relaiinus with Canada, their extent and iniportauee l)oth to ( an.ida and the I'liitiMl States, and especially of the articles in thetre.ity of '.Va.sliiiijj;toii of 1^71 and the suhsistinjj; law.sto carry them into ellecl. Prior to the treatv of Washinirton there were many subjects of dis- pute between the I'liited Statesaiid (ireat IJritain in respect to< aiiada. Th.it treaty was negotiated with the utmost laie by eminent rci>re.^ent- atives of tin at liriiain and the I'nited States, and was ratilied on the 17th of ,Iune, 1871. It was a broad, eoiiiprelien.-»ive, liberal, any Iter Majesty's (io\ iriniieiit fcr llic esciipc. iimler wlialever cif- cnni-i»fls — And, second, the three provisions in Article \'l delininj^ the duties of neutral ^oveinmeiils to a friendly nation in war with another. These rules embrace the American iil< i in lespict to neutral nations, and have been substantially adopted by (>ther maritime powers. The next six articles provide for a claims commi.ssion to adjudicate and settle mutual claims of citizens of ihe respective nations aj;ainst each other. This is an elfective form of arbitration, and these articles have been executed. Article XVJll •rranted to lishermen of the United States the rigbtto take lish of every kind excejit shell-llsh on the seacoast and shores and in the bays and harbors and cr(.'eks of tlit^ mantime pifivinces on the northeastern coast of Canada, without beiiiii restricted to any distance from shore, with permission to land upon the shore lor the purposesof drying their nets and oniiiiy allowinj? our dshermeu to fish within the marine league, lint it L'laiits them no commercial privi- ••■-"•^^^-xr^^^tnnnfmit.^-rfmm ]f^e uf t'iilcriii!j tilt: port lot |iiii\ i^imis or .supiilus ;uiil tiiiiiss|ii|i|iin;: their lalili ovi-r tin- (..iiiinliiiii unnl.- m llii' I mini Si;iii>. I Ins, liuw- t'V«.T. is pmviiltd tur in Aitiili' X>J?\, to !»• Inn .iltii lM riiirii on ail havs. iiarliois, and cicck.s on il,c sc.n'oast ami slii'ir-. ot' tlii- I'liiiiMl rtlatis nuiili ol'tlif lliiity-niiitli purailt-l ot iiorili latiiinir. 'I'litxc and tlu- two loUowiny ailick-s relate exciusivoly to the lislnny rinlilM oi' the re.-peetive nations 'I'lie lour lollou in;{ iirtieles relate exclusivelv to the Halilax Coniiuis- Hion. oinani/eil to esliniatf the (litferenee iiriwceii the r-oneosions to tlie I'nilnl Slates and to (inat Dnlnin in re-pe< t to the tislu-iits. and huve lieeii liilly executed liy an award that lias alwav lit en lonsideied iu the liiited Mates as exei-ssive and iiiiju>t: but the award was made aud lias been paid. Article XWl and several artichs lullox', ini; deal with t lie coast ini; and transit trade alonji the rners and ial^es whicji liirni the imrdei l>e- tween the I'liited Stan-s and ('anada, a di-^tincl suliject loalter. Arti- cle XXVI declares that tlie river M. . iwic.ice, runniiii; throu'_di Krit- ish territory, sliall lorever remain liot uul open t^i the sea lor the pur- jioses ol' ((iiiiinerce to the eiti/ens of loth connfries. Article X X \' II Hecnres to the citi/cns ol the I i!''!'the Welhoi !. St. Lawren<'e. and o'hcr canals in iiada on ten ul' ei|nality with the inluiliilants of tia I »oininit;iniially observed by both countries, exeept as lo the transit of tlsh lielon;4ing to American lisiuMineu from t'anadian purls to the I'nited States. The bent lits eonfei'mi are nmliial, and if any oilier comiilaints have arisen they have no conncelion with. relati, or siniilitiide to the tishery (■ontroversies. Why, thi reiore, liieiid this dispute about the transsliipment of fish at local ports in Novjv Scotia with the vast in- terior eoinnierce oi' ii continent ? Why connect a controversy in the waters about tlie month of the St. Lawrence with ilie coininercial re- lations aion^ a bound. uy line evteiidinji more than l.lMiu miles? No }jCuod can result from it unless it is dcviiablc to establish non-inter- course lietwecn the two eoniitries. and Inin the minds of the two peo- ples Ironi f^iowiuir relations oi friendship and good will to preparatiou.s for controversy and wjv. When a nation is compelled by a sense of wronu; tos^eek a remedy by retaliation it is bound to apply a remedy suitable to the olleu.se. ami not to resip't to extreme or uiuiecessary mea-iiires. If it does so it be- comes a \vron<;-doer. The rule is properly stated by the President in the Ibllowing words: Thi^ro is .slso an e-i'U-ut |)ro|iii"ty m woll as nii iiivitntion to nioriil sup- port, foinicl in vixitinsj iip"i> t!in oU'ciMliii':: party Ilic saiiu" nn'nsnre or kind of treiiliiieiit of wliiili wo coiiiplaiii. iiuil as lui' as pl)^sil)le wii iiiii llio same lines. And yet at once he invokes a measure of retaliation far beyond the rani^t; aiirms ot'tlie ticaly of 1"^1S, be allowed to enter tli<' Ca- nadian ports in that region esceiit for cert;iin pur[)f)ses, and that this trallic is not emluaced in the twentv-ninlli article of the treaty of 18T1. It would appear upon the liice of the latter treaty that there is no ground whatever for this distinction. \\y the ]ilain terms of .\rticle XXIX, which sniiersedcs ])iior laws and treaties, the goods, wares, or luerchandise of American liti/.cns arriving at any of the p >rts ol' Iter Ih'itannic .Maje-^ty's puss.'ssioiis in North America ami destined lor the United. States may bo entered and conveyed in tiMirsit thromih .said posses.sions without the paynient of duties. 'I'hcre is no restriction as to tlie character of the goods, no e\( eiition made as t<( fi-h. or as to par- ticular ports, or tlu! ehaiacter of the vess ds. whetlii'r lishing vessels or commercial vessels, or as to prior rights. No re-erve is made as to the 11 ic rail- veil by lericaa ts have ! to tlio out the ,iist in- ill the [•rial re- ■s? No ii-iiit»'i'- iiialious tiicdy by iuse. ami so it be- iident iu loral sup- )!■ kiiul of ine \iiic9. yond the "coinpUiiu lev Caiia- nflicient, treatment y our ves- ri.nht to I our uiar- ■ket. We 1 precisely ish to our enjoy the y thron^ll ■;iw as the luifiuwtetl ii Canada, is I'laiuied ves-icls can iM- the Ca- that this tvot' ISTl. here is no of Article , waris. or rts of Her neil tor the rinmli said -itriition as „■ jis to par- ^ vessels or Te as to the treaty of ISIS, and this rij^ht was enjoyed by onr lishinj^ vessels until 1-. I'iie transit of lish stands on precisely the same basis as the transit of wheat, ])i)tatoes, or niercliaiKlise, If the ri^lit to traiisshi]>lish does not exist it is liecanse Article XXIX is not in force. It tluieiore beconies important to determine whether tliis article has been in any way chaniied, (jualilied, or terminated by the notice }iiven to terminate the articles ot the Washington treaty re- latinjj; to the lisheries i)y tlie Joint resolution approved March 3, 188;>. This re-olution declares: ThiU i/i lilt' jiiilnniciit i)f CoM^rrcx'^ tlie proviwions of articles niuii bored XVIII to XW, iiii liisivf, iuiil 111' Arliiic X\X of tin,' treaty hetwrcii the Ciiited States mill llei' I'.rilaiiiiie Majesty, « « ' oiikIiI to lie lieteiniiiiateil at the earl ict possilile time, ami he no longer in force; and to this end the I'resident he, and lie li( rel>y is, dneeted to ;iive notice to the < iovernini iil of Mer Hritannie .Ma- jesty ihal till' iin>\ i-ioiis of eai'li anil ev>TV of \\\r ail ieles aforesaid will teiini- liate and he of no force on the exiJirution of two years next alter the time of giviii}; sneh notice. * * ■* * * * « Sec,;!. That on and after the oYpiration of the two years' titne reriuired by said treaty, each and every of saiil articles shall he deemed and held to have expired and In- of no force .iiid ell'ect. Dtio iiotice was f^iven by the I'resident of the termination of thear- ticles named, and an act of Coiij;ress prescribed tlie mode of carrying it into efi'ect. Tliiis, by the plain terms of the treaty and in pursuance of a right reserved in the treaty, the tisliery ai tides liave been tenniiiatefl, and by the eoimnon consent of both parties the lisliuu^ rights of the United States rest ujion the treaty of b"^lS; hut this does not iUVeet any other jiortion ol tile treaty. This leaves the treaty of Washington, so iar as it respicts the navigation of the St, '.awieiice and tlit-tiieat Lakes and the rivers tli;;t connect them, and the .siiipmeut ol goods iu transit tinder Article XXIX in full force. The I'resident admits the force of this position, but contends that, as the result of the teiiiiiiuitioii id' tlie lislnry articles, .\iticle XXIX has also been teriniiiateii ;s Hcciired hy treaty oliliKations, for it -eenis tpiite p'ain t hat .\ itiele .W I X ol the liealy of \^'l. wh.ch was the only article in- eorporalinji siieh lavvs, leriumiiled the 1st day of .Inly, H,>»3. He stiiiports this by a narrow and technical construction of .\rticle XXXIII. It is not preteiitldl that eitlier country liasiaken any direct nieasiue to terminate .\rtick- XXIX, iiul. as stuted, it is a mere con- structive repeal, for .\rticle XXIX is not nientiuncd in tlie. joint reso- lution of .Marcli .'!, IS-;:}, terminating the li-hery articles. TJie Senator I'rom Mississippi [Mr. (iKoutu:] supports the I'resident by a subtle ar- gument, iiliuisible upon its face Imt not satislai loiy. It is siitUcient to say that all tlie contriicting parties to this treaty have treated this article as in lull force. It is a rcciprnc;tl arrange- ment upon a distinct subject-matter, laiK liei;il to both parlies, antl of wliich no complaint has been made, either as to its fairnes.s or its con- tinttaiice. A repeal by constnictiidt is not favored iu law. Since the terniinatien of the fishery artichs the great commerce conducted un- der the jirovision id" Article XXIX has been continued and is annually increasing. When apjiealed to, Cinat Uritain insisted it was inlbice. If violated at all it has been by the reltisal of Canada to allow the transshipment of tish from Ameiican vessels in the ports on the north- eastern coast, from Nova Scotia tliroiiuh the State of Maine to Bcston 12 an 1 other iMiints. lliit this urievaiKe could be amply remedied under the act i)i' M.ircli. I''-*, hy luil)i(hiiii;j; the entry of tish Irom Canada into the Lnited S'.ates, or by torliuUling Canadian vessels from eater- injr the ports of the United Stites. We are told by the ['resident that — In the yenv ix**!) notice wiis receiveil l)y ttie representatives of our Govern- ment tli:il our lislK-niu-ii would no loiiuer lie iilloweil lo sliip llieir li.tli in huiid ami free of duly lliroii-;li ('iiiniclian territory to this eouiUry; iiiul over since llial time >u;© ptirty then inoi)Osed to comply with his retiuest. No r-ienu)crat would then confer upon liim such powers. Hhali we now wlieu our cau-esof compltiint are inlinitely less and have been localized give to President Cleveland powers we refused to Presi- dent Grant? It has been said in debate that the President has already the power he asks for, and sections ;jU()5 and liOUd of the Revised Statutes have been quoted to sustain this view. I do not concur in this, but agree with the Senator from Mississippi [Mr. CiKoiuiK] that no such power i.s conferred by these sections. It can not bt! Itased upon the power granted by section I'.OO.") to the Secretary of the Treasury to ju'cseribe rules and regulations. This is merely directory to provide a proper mode for executing the law. but the law itself confers u]ion the owners of the merchandise the right to curry their goods through the United Stales tree of duty, and that right can not be taken awa}' by the regu- lationsof theSecretary or by his failure tomakesnch regulations. Nor does the authority conferred upon the Secretary of the Treasury l)j' sec- tion ;5()0H to make rules, regulations, and conditions, limit or control the authority to import merchandise in bond or duty paid, to be trans- ported from one port of tiie United Stiites to another over neighboring territory. The regulations must be in harmony with and not defeat the object of the law. Nor does it follow that powers gi\en to the Secretary of the Treasury are conferred npon the President. A multitude of ex- amples of this kind can i)e given where the head of a Department is clothed with independent powerdenied to the President. Nor has the President any dispensing j)ower. He c n not take advantage of the non-fullillment of a treaty by a Ibreign nation. Congress alone can abrogate a treaty if it is violated by tiie other party. It may abro- !«• 13 ree er je :e(l lol LIS- X- is he he an 0- 4 gate the treaty in whole or in ]i:iit. hnt tlie i' esidcnt ]yA< no such power, ir ,r lias lailed in any rcsju-ct to iKMl'orni its obli- gations, as i lit'lievc; it has in reliisiiiv; tin; entry and tiaiissliijunent oi our lish, tlie C'oULjress alone may ]tr'S(;rilje jirojier reuiedies. tiiiier hy ahroLiation ol' a )).irt or tiie wliok^ ol' a treaty or l)y retaliation in kind. In this case (.'oii^re>s has itirnislied the remedy, ample. eom|)leli'. and sperilie. It has not UMiU'rtakeii to ahro'^au; Ariii-k- XXIX. hnt all tne jjarties to \\\v Ireaiy have trcalrd it as sui»si.stin^, and.arcord nji to my constrnction, it is still in lull I'orce and el'lbct, an i ntither the inter- ests ot'onr peoi)le nor (nihlie jxiliey demand that it should he suspended or evaded. l)nt should l>o maintained ami enforced. L'niortiiiiately t I'.f President is committed iiiu'.^t this polii'v: and disappointed in the rejection olthe late treaty and dis.-aiisl.ed withtlic attitude ol' ills ailiiiiuistiation on a i|Ut'>tion iiivolvmii tlie li^ihis ot a lar^ienumberoiourpvjople. he now, in hisivccninies>ajie. .seeks to (■haii;ie the issue, .sets up new grievances, asks lor new powers to li;4lit another diplomatic battle on another line. He says in his nussajie of the '2\)t\\ ol'.\ugust that the j'ominion ol' Canada has not complied with Article XX\'1I ol the treaty ot'\\'asliin<^ton in alhiwing Amencan vessels to use the Welland (,'anal on the .same terms and touditmns granted t<< Can- adian vessels. This is ijuite a dill'erent satijecl-malter tiiau Article XXIX. Article XX\'1I provides tiiat — AUTICI.K xxvii. Tlie (iovormnciit of Her Uriliuiiiic Mii.u-'iy euu.x-jes t«> urnc ii)«on ttie riovern- niont ot tlie l>iir,iiiiu)ti of (',iiiiif caiinl statistios for 1886 throws some li«hl upon the -tiiliieet of tolls: "(.. (',. lilst .Vpril, IS--,,,— (1,1 ,1 niciuoriuiihnn dated 20th April, 18S6, from the minister of railways and oniials, siiliiuittiiiK tliat, by an order in council dated 1 u 1th .Inly. iHSo, the Dointiiioii I'luiiil toU.H on certiiiii food products sliipped from Moiilnal or liny otliiT < aiKnl.iii pon i ,i>i ul Almiii imI wi-re iviliu'od, lor the tlien ciirii'iil »fns()ii of iiin ijiiitii pii mily. lo 1.' < i'iil> pi-r luii. '■(». ('. 14; .liiiif, IxH,). — Nutii'o i-» luTcliy ki\ •'" I'lat by ordi-r of his excoUoncy the Ko\<'i niii-^iMifnil in louiiril. d.itcil tlic lltli .liiiic, Is^il. tiie oidiT in coiiii- cil. iliiti-d lilst April last. liMMu al - I'l'iils pfV ton llir Doiiiiiiinti oaiial tails on lerliiin I'ood i)rodni.tH, hWuII apply to tlic Wfllanil and HI. Lawrenoo I'aiiuls only." Now, the first iiKjuirv I have to make is if thi.s di.'^eriniination i.s so j:riev(»u> a.s tn ilciuaiul tlu; extreme remedy of retaliation, wliy was it not sooner liroiii;lit to onr attention? The lir^t we heard of such coin- l)hiiiit were statements made by a Senator on tliis lloor during!; tliejtres- eiit .se.ssion and liy a hill introdtited in tlie House ot' i;e|)ieseiitatives. If there was just ^;rotin(l for tiiis comphiint it was the duty of the I'resi- dent to inform l'o!iu;re,s.sof it, and t..eall upon Coiijiiess without respect to tile lisliery coiitrover.sy for j)o\ver to enalile him to mei't this l)ieaeh of the treaty, it is not mentioned l>y the Seeretary of the Treasury iu liis annual report. I need not say it was not mentioned by the J'resi- dent iu his annual me-ssauc It is said it was mentioned in the report ot the ( oinmissioner of Xavi),Mtiou iu December last, a doeument not likely to attract attention, and in a letter from the Secretary of the Treasury to the Committee on Foreij^n Affairs of the House, January 'Si, H-^x. Jt does not seem to have been called to the attention of the distinguished iiejiotiators of the late lisliery treaty. It was not even called to the attention of .Mr. Uayard, onr Secretary of State, until the loth of .Inly, l^'-^s'. and tlu'n in a perfunctory kind of a way. Heslept on this i;rievance irnil the 'Jlst ol' July, when he addresried a note to the liritisli niinislcr at his summer retreat; even then did not treat it as a complaint agaiiLst Great Britain, but clo.'ied his brief note with this re(|iU'st: I will thank you to bring this matter to the attention of the Canftdiiin Gov- ernment. No doubt iu due time we will hear further from the Canadian Gov- ernment throu<:h .Mr. West and Mr. Bayard. And yet this is the subject-matter of the iues.sage of the President of Auiiust "J!*, IsHS, which has caused so much excitement in those countries, and even the facts which 1 state were not known to us until tlie I'-Jth of this month of September — six days since — when they were commnnicated by the nies.sage of the I'lesident in resj)oiise to a reso- lution of the Senate. And yet with the messajne of the I'rcsiilent there came to the House by some jirajie-vine line the bill now before us. It was hurried throiiI)S wri one iiu:il of •vy con- all the III hi be sy. It longht. rimiua- 4 tion ag;ain.«t lis in the use of tlie Welland Caiiiil? Wliy did hf, in June, JsH7. coiit'tT boiidin.ii piivilcjics on tlio ( anadiaii i'acili*' i>aii- road y \Vhy (lid lie not luaki' a tirni n'nioii-traiicf aj^uinst such dis- criniinations? Wiiy did Ilc nui ni\f notice that il Coniioucd, likedis- criniinalioiis would be nuide on the ^t. Clair and ■'^anll de Ste. Marie Canals? Why, after «ivin'e))icsentati\e» shows, au injurinus iiiliaetion by tlie Canadian authorities dl the treaty of Wasii- in>iton, and calls lor a linn remonstrance by the I'loident totireat IJritain, and, if not heeiied, au act oi' Coiij4ies.s authorizing; a toll oil vessels passing; through tlieSt. Clair flats or Sault deSic. MarieCanals lo Canadian ports, or in the last ie>oit aiithuiizinf^ sjiecilic retaliation. Upon the. showing: now niadi^ I will vote lor such an at or acts alter a lair notice and inoi)er h^-arinji. It may lie, and has been i:ontciuled, that the joint resolution of .March 3. I~>i7, is broad enonjih to justify buvh retaliation, but if there is any doubt of it full and spccilic authority should lie coiifenvd u])on the rresidcnt to retaliatein kind 1 can not doulit that Canada will on iiroiier represeutalioii remove this cau.se ol comiilaint. Jt is not to beMipiiosed iliat any sucli (iiscrimiiiation would be uiadeexce])t by inailverteuce, or continued alter the attention of tlio Canadiaii authorities had been called to it. M'e liaveno right to complain that Canada levies tolls on ve.sseLs pass- ing tliroiigli her canals, lliough we le\y none on Anieiicau canals, for that right is expressly recogni/ed b> the W'ashiiiuiou tuaty. All that we can ask is that no higher or other tolls are lev ied on Aiiierican ves- sels than on Canadian vcs^eis, that no disi-riminations are made under cover of dravvliacks or bounties in favor of Canadian ports against Amer- ican port.s. Il we object to tolls wcjlioiild do wliat ought to have lieen done forty years ago. and tor which i voted thirty year.- ago, build :■ canal around liie falls of Niagara on .American soil. ' I conclude, theretore, that it is not wi.sc at the lue^cnt time to give to the President the additional jiowers of retaliation he asks for as the case now stands. Jt is for Congress, the representatives of the »Stiites and the peojile, to judge of the nece-i.sity and extent of powers of re- taliation demanded liy n.itioiial honor to secure national rights, and not lor tlie President. ]l tlie oliject is to secure ouru.-heiy rights, the jiow CIS already granted are full, complete, and ade(ju.ite, li' it is to prevent diseiiiuinations against .Vmerican vessels in Canadian canals, the Ibundation has not been laid by negotiation, remonstrance, and re- fusal to justify acts of retaliation. When that is done it will be time enough to provide such nica^ures. and the jiatiioti'-m of Congress may lie relied uiioii. wliatc'ver ]Mrty is in ]iower, to assert and maintain the rights of our peojilc. That there is no haste about this matter is .shown from the very cool and placid manner in which Sir.Iohn Macdouald treais the whole (,ues- tion. The Weliand Canal will be closed for the season in sixty (lays, before we shall receive an answer from the Canadian Coverumeulor i u I from Mr. West, and thvn we s]);il'i liavcii l>iii^>( ai- iniiw ait -»'!iS!>!i li.i» just cli-fil, iumI it will not (i|)t'ii iiy;iiiii milil Miiy. In otlier \viit nioiillis b iorf tl»e United .Si;ii«-i will Imve any cliaiue to liriii .: ii|i I lu> >|iie-li liave taken. And now. Mr. President, taking a hroader view of thi- question, F su1)niit il' tlie time has not come when tiie jirojih' of llie linled ."Urates and t'anada sli'Mihl take a l)r()ader view ot their rehitinns !o ea diti- cal a.s well as eommcreial nnion. The fate of ( aiiada should have fol- lowed t lie lorninef;()l the rolonicsin the Ameriean Iv'^voiulioii. It won Id have i>een better lor all. hjr tiie mothi'r eountryas well, ii ail lliis eon- tinent north of .Me.Kico had iiartieijiated in tise tormaiinn tiiid sjiaied in conimoi) the ))lessiiiiis and ])rosj)eiitv of the .\inerieaii I'nion. So evidently onr fathers thoiiL^lit. for iim iiiix the earliest military movement.s l>y the Continental Coiiure.ss was the expedition for the occnjiation ol Canada, and the c iptiire of the I'.iifish forees in Mf>ii- treal and (^Hiehec. The story ol the failure of the ex[»edition. tiie Im- roistn of Arnold ;ind Ihirr. the death of Montixomery, and tlie tearful .sullerinys home hy the Continental ibiees in the maidi and ivtreat is familiar to every .student of Ameriean histoiy. The native ]iopiilu- tion of Canada were then friendly to nitre.tuse, and hnudie Isof tlieni a.s refuj^ees followed our retiriii!.; tbrces and shared in the snbsri|iii'nt dantjers ami triumphs oi' the war. it was tlieearnest desire of !■ rank- ]iu. Adams, and .lay at the treaty of ))eaee to .secure the consent of Great Jhitain to allow Canada to form a ])art of the Ini ted .States, and at one time it apjieared ])ossil)le but lor the intluoiice of Fr.iiiee and Spain, then the aeknowledLied sovereigns of iar:j:e jiartsuf the territory now ineluded within the I'nitcd .^tati-s. Tiie present .status of Canada f;rew out of the atdivitiesand acquisitions of !;iiro]).'an jiowers alter the discovery of this continent. Spain, l' ranee, and I iiiLthindespfcialiy de- sired to acijuire political jurisdiction over this newly discovered coun- try. Witliout ,£;oinji; into the details so familiar to the Senate, it is le that S])ain, l'" ranee, and Mexico should hold the territoiy then field by tliem without Si-rions detriment lo the interests and prosperity of the Cnited States, and without the dansolutc neces- sity of both a commercial and a political union between Can id.i and the I'nited States. The immense extent of our boundary line invites, has jiroduccil. and will more and more prodiice, as both couiitri<.'s j^row, innumerable causes of controversy that would not exist if we were bound by the tie of a common government. Nearly all of the troubh-some i|nes- tions that have been the subject of ne}i;otiat ions withdrcat llritain have related to Canada. One fruitless war led to the iiivjis;on of C;iiiada. Alore than once we have lieen on the verj^e of war with Great llritain as to the boundary line with Canada. Our present controversies as to the lisheries. canals, conunercial and trade relations are with Canada. The similarity of our lanj^nage and institutions makes intercourse ea.sy and controversies frequent. Our proximity is more daiiiierous than if we were of ditlerent races, speaking ditlerent languaiics, and separate]>- iilous and wealthier than the I'nited Statt\s was when the Constitu- tion was formed. In one hundred yearsour country has been increape nart of this IJeiJublic. The admission of Canada into the Union divided into states and eue- 19 fits would 1)0 nniU'iiiably apparent. They now, under tlie I'.riti.sh North American act oi' ]h.)7, lorm a vohini.iry imioii into une lejiisla- live confederation. Under our system they would have this and ^crcatir security (or perpetual union, growth, wealth, and .-itreni^th, with all their local powers, anttmomy, and K<»vernmeiit. Nor is it likely that the Ihilish (ioverninent would ohject 'o the free and voluntary action of a dependency ui)on which it has already con- ferred Hulwtantially indei)endent ]»ower; for the parent jtoveriiment will lind in the extended union an enlariicd market for its protluctions and will he relieved from tlie enihainissmeiits under which they now lahor of j^nardiuf^ and protectinjj; interests of wiiich they have no part. In any event, the independent actiments. Has it not always been so? Has not the prosjierity of the older States kept pace constantly with the march of prosperity westward until the shores of the I'acilic have been reached ? Every new clearinj; in the lorest, every new openinj^ in the prairie, every new ranch on tiie j)lains. every new mine in the mountains has contributed to the einploynieiit and wealth of the East; and so will it )>e when the Dominion of Canada is open for new explorers unchecked by rival lines of sovereignty and jurisdic- tion. The ports of the East will be open to their fisheries, the great rivers and lakes will be unvexed by rival interests and regulations, the canals of both countries will be free to all, and the common treasure of a greater country than now will enable us to overcome natural obstruc- tions to our commerce. And may we not hope that, with a broailer area, the unhappy section- alism of the past between the North and the South may be dissipated by new questions that will arise, b^' a more intense patriotism invoked by the expansion of our institutions? it has always been so in the past. The Nortii watched with. jealousy the annexation of Texas; the South resisted to the utmost the extension of free institutions over California, and sought to break up the Union when the North obtained temporary ascendency. Both sections found their greatest good in the defeat of their cherished wishes. Will not theSouth see in the exten- sion of our domain the triumph of the i)riiiciples their statesmen did so much to establish ? Will it not invoke in the North a genuine sym- pathy for them in solving the grave problem they have of dealing with a rapidly-growing race in their midst, distinct and dilVerent from their own? Will it not make easier the blending and mingling of the dif- ferent races and tribes and typs of men that form our pojinlation? I see in the success of this ])olicy much that is good and nothing that is harmful to any part of our great country. Nor are there any diffi- culties that should deter us for a moment. The institutions of Canada are substantially like our own. The jMipulation is in the main of the .same stock. Our proximity if. such that while separated we may be enemies, if united we will be friends. Tiie del)t of Canada is no im- pediment, for our resources are such that it can be assumed without being a 1)urden. It can only be accomplished by the free and hearty asseiii of both peoples. Any force used will defeat the object we have in view. It can only be approachei' by gradual measures that invite and tend to good will and intercourse. It can not be promoted l)y con- n 20 troverey or retaliation. These mcasnres lead to others, and end in war. There are restless spirits in every jreneratiou that seek to rise by the mist'ortuues of their country. There are narrow politicians that seek by tricks and popular appeals to gain an advantiitje; hut in the end they fall by their own devicai. True statesmanship consists in an earnesteflbrt by hon&st means to pro- mote the public good. Nogreatergood can beaccompli.'^hed than by a VLseand i>eaceful policy to unite Canada and the United States under one common government, but carefully preserving each to state its local au- thority and autonomy. This controlling principle of blending local and national autliority — many in one — was the discovery of our fathers, and lia.s guided the American people thus far in safety and honor, and I believe can lie and ought to be extended to the people of Canada. With a lirni conviction that this consummatnon, most devoutly to bo wi>hed, is within the womb of destiny, and believing that it is our duty to hasten its coming, I am not willing for one to vote for any measure not demantletl by national honor, that will tend to postpone the good time coming when the American flag will be the signal and sign of the Union of all the English speaking people of the continent from the Kio Grande to the Arctic Ocean. I ask that the resolution be referred to the Committee on Foreign Relations. I