GROVER CLEVELAND.

EXECUTIVE MANSION, _August 23, 1888_.

_To the Congress_:

The rejection by the Senate of the treaty lately negotiated for the

settlement and adjustment of the differences existing between the United

States and Great Britain concerning the rights and privileges of

American fishermen in the ports and waters of British North America

seems to justify a survey of the condition to which the pending question

is thus remitted.

The treaty upon this subject concluded in 1818, through disagreements as

to the meaning of its terms, has been a fruitful source of irritation

and trouble. Our citizens engaged in fishing enterprises in waters

adjacent to Canada have been subjected to numerous vexatious

interferences and annoyances; their vessels have been seized upon

pretexts which appeared to be entirely inadmissible, and they have been

otherwise treated by the Canadian authorities and officials in a manner

inexcusably harsh and oppressive.

This conduct has been justified by Great Britain and Canada by the claim

that the treaty of 1818 permitted it and upon the ground that it was

necessary to the proper protection of Canadian interests. We deny that

treaty agreements justify these acts, and we further maintain that aside

from any treaty restraints of disputed interpretation the relative

positions of the United States and Canada as near neighbors, the growth

of our joint commerce, the development and prosperity of both countries,

which amicable relations surely guarantee, and, above all, the

liberality always extended by the United States to the people of Canada

furnished motives for kindness and consideration higher and better than

treaty covenants.

While keenly sensitive to all that was exasperating in the condition and

by no means indisposed to support the just complaints of our injured

citizens, I still deemed it my duty, for the preservation of important

American interests which were directly involved, and in view of all the

details of the situation, to attempt by negotiation to remedy existing

wrongs and to finally terminate by a fair and just treaty these

ever-recurring causes of difficulty.

I fully believe that the treaty just rejected by the Senate was well

suited to the exigency, and that its provisions were adequate for our

security in the future from vexatious incidents and for the promotion of

friendly neighborhood and intimacy, without sacrificing in the least our

national pride or dignity.

I am quite conscious that neither my opinion of the value of the

rejected treaty nor the motives which prompted its negotiation are of

importance in the light of the judgment of the Senate thereupon. But it

is of importance to note that this treaty has been rejected without any

apparent disposition on the part of the Senate to alter or amend its

provisions, and with the evident intention, not wanting expression, that

no negotiation should at present be concluded touching the matter at

issue.

The cooperation necessary for the adjustment of the long-standing

national differences with which we have to deal by methods of conference

and agreement having thus been declined, I am by no means disposed to

abandon the interests and the rights of our people in the premises or to

neglect their grievances; and I therefore turn to the contemplation of a

plan of retaliation as a mode which still remains of treating the

situation.

I am not unmindful of the gravity of the responsibility assumed in

adopting this line of conduct, nor do I fail in the least to appreciate

its serious consequences. It will be impossible to injure our Canadian

neighbors by retaliatory measures without inflicting some damage upon

our own citizens. This results from our proximity, our community of

interests, and the inevitable commingling of the business enterprises

which have been developed by mutual activity.

Plainly stated, the policy of national retaliation manifestly embraces

the infliction of the greatest harm upon those who have injured us,

with the least possible damage to ourselves. There is also an evident

propriety, as well as an invitation to moral support, found in visiting

upon the offending party the same measure or kind of treatment of which

we complain, and as far as possible within the same lines. And above all

things, the plan of retaliation, if entered upon, should be thorough and

vigorous.

These considerations lead me at this time to invoke the aid and counsel

of the Congress and its support in such a further grant of power as

seems to me necessary and desirable to render effective the policy I

have indicated.

The Congress has already passed a law, which received Executive assent

on the 3d day of March, 1887, providing that in case American fishing

vessels, being or visiting in the waters or at any of the ports of

the British dominions of North America, should be or lately had been

deprived of the rights to which they were entitled by treaty or law, or

if they were denied certain other privileges therein specified or vexed

and harassed in the enjoyment of the same, the President might deny to

vessels and their masters and crews of the British dominions of North

America any entrance into the waters, ports, or harbors of the United

States, and also deny entry into any port or place of the United States

of any product of said dominions or other goods coming from said

dominions to the United States.

While I shall not hesitate upon proper occasion to enforce this act,

it would seem to be unnecessary to suggest that if such enforcement is

limited in such a manner as shall result in the least possible injury to

our own people the effect would probably be entirely inadequate to the

accomplishment of the purpose desired.

I deem it my duty, therefore, to call the attention of the Congress to

certain particulars in the action of the authorities of the Dominion

of Canada, in addition to the general allegations already made, which

appear to be in such marked contrast to the liberal and friendly

disposition of our country as in my opinion to call for such legislation

as will, upon the principles already stated, properly supplement the

power to inaugurate retaliation already vested in the Executive.

Actuated by the generous and neighborly spirit which has characterized

our legislation, our tariff laws have since 1866 been so far waived

in favor of Canada as to allow free of duty the transit across the

territory of the United States of property arriving at our ports and

destined to Canada, or exported from Canada to other foreign countries.

When the treaty of Washington was negotiated, in 1871, between the

United States and Great Britain, having for its object very largely the

modification of the treaty of 1818, the privileges above referred to

were made reciprocal and given in return by Canada to the United States

in the following language, contained in the twenty-ninth article of said

treaty:

It is agreed that for the term of years mentioned in Article XXXIII of

this treaty goods, wares, or merchandise arriving at the ports of New

York, Boston, and Portland, and any other ports in the United States

which have been or may from time to time be specially designated by the

President of the United States, and destined for Her Britannic Majesty's

possessions in North America, may be entered at the proper custom-house

and conveyed in transit, without the 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 territory 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 Britannic Majesty's

possessions in North America, and destined for the United States, may

be entered at the proper custom-house and conveyed in transit, without

the payment of duties, through the said possessions, under such rules

and regulations and conditions for the protection of the revenue as the

governments of the said possessions may from time to time prescribe;

and, under like rules, regulations, and conditions, goods, wares, or

merchandise may be conveyed in transit, without 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 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 a most important one, allowing them to spend the time

upon the fishing grounds which would otherwise be devoted to a voyage

home with their catch, and doubling their opportunities for profitably

prosecuting their vocation.

In forbidding the transit of the catch of our fishermen over their

territory in bond and free of duty the Canadian 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 a 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 British Canadian

Provinces carried across our territory under the privileges granted by

our laws amounted in value to about $270,000,000, nearly all of which

were goods dutiable under our tariff laws, by far the larger part of

this traffic consisting of exchanges of goods between Great Britain and

her American Provinces brought to and carried from our ports in their

own vessels.

The treaty stipulation entered into by our Government was in harmony

with laws which were then on our statute book and are still in force.

I 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

supposition that their continuation is secured by treaty obligations,

for it seems quite plain that Article XXIX of the treaty of 1871, which

was the only article incorporating such laws, terminated the 1st day of

July, 1885.

The article itself declares that its provisions shall be in force "for

the term of years mentioned in Article XXXIII of this treaty." Turning

to Article XXXIII, we find no mention of the twenty-ninth article, but

only a provision that Articles XVIII to XXV, inclusive, and Article

XXX 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, and that "they shall remain in force for the period

of ten years from the date at which they may come into operation, 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."

I am of the opinion that the "term of years mentioned in Article

XXXIII," referred to in Article XXIX as the limit of its duration, means

the period during which Articles XVIII to XXV, inclusive, and Article

XXX, commonly called the "fishery articles," should continue in force

under the language of said Article XXXIII.

That the joint high commissioners who negotiated the treaty so

understood and intended the phrase is certain, for in a statement

containing an account of their negotiations, prepared under their

supervision 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 a reciprocal arrangement

in that respect for the period for which the fishery articles should

be in force.

In addition to this very satisfactory evidence supporting this

construction of the language of Article XXIX, 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 law 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 8th day of May, 1871,

relating to the fisheries." After providing in its first and second

sections for putting in operation Articles XVIII to XXV, inclusive, and

Article XXX of the treaty, the third section is devoted to Article XXIX,

as follows:

SEC. 3. That from the date of the President's proclamation authorized by

the first section of this act, and so long as the articles eighteenth to

twenty-fifth, inclusive, and article thirtieth of said treaty shall

remain in force according to the terms and conditions of article

thirty-third 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 XXIX, which I 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 that Articles XVIII

to XXV, inclusive, and Article XXX 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 promulgation of the treaty

to certain members of the joint high commission representing both

countries, and met with no objection or dissent.

There appearing to be no conflict or inconsistency between the treaty

and the act of the Congress last cited, it is not necessary to invoke

the well-settled principle that in case of such conflict the statute

governs the question.

In any event, and whether the law of 1873 construes the treaty or

governs it, section 29 of such treaty, I have no doubt, terminated with

the proceedings taken by our Government to terminate Articles XVIII to

XXV, inclusive, and Article XXX of the treaty. These proceedings had

their inception in a joint resolution of Congress passed May 3, 1883,

declaring that in the judgment of Congress these articles ought to

be terminated, and directing the President to give the notice to the

Government of Great Britain provided for in Article XXXIII of the

treaty. Such notice having been given two years prior to the 1st day of

July, 1885, the articles mentioned were absolutely terminated on the

last-named day, and with them Article XXIX was also terminated.

If by any language used in the joint resolution it was intended to

relieve section 3 of the act of 1873, embodying Article XXIX of the

treaty, from its own limitations, or to save the article itself, I am

entirely satisfied that the intention miscarried.

But statutes granting to the people of Canada the valuable privileges of

transit for their goods from our ports and over our soil, which had been

passed prior to the making of the treaty of 1871 and independently of

it, remained in force; and ever since the abrogation of the treaty, and

notwithstanding the refusal of Canada to permit our fishermen to send

their fish to their home market through her territory in bond, the

people of that Dominion have enjoyed without diminution the advantages

of our liberal and generous laws.

Without basing our complaint upon a violation of treaty obligations,

it is nevertheless true that such refusal of transit and the other

injurious acts which have been recited constitute a provoking insistence

upon rights neither mitigated by the amenities of national intercourse

nor modified by the recognition of our liberality and generous

considerations.

The history of events connected with this subject makes it manifest

that the Canadian government can, if so disposed administer its laws

and protect the interests of its people without 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 should be done in the hope that the disposition of the Canadian

government may remove the occasion of a resort to the additional

executive power now sought through legislative action.

I 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 is suggested by the

conditions herein presented, and that it could not be more effectively

inaugurated than under the power of suspension recommended.

While I have expressed my clear conviction upon the question of the

continuance of section 29 of the treaty of 1871, I of course fully

concede the power and the duty of the Congress, in contemplating

legislative action, to construe the terms of any treaty stipulation

which might upon any possible consideration of good faith limit such

action, and likewise the peculiar propriety in the case here presented

of its interpretation of its own language, as contained in the laws

of 1873 putting in operation said treaty and of 1883 directing the

termination thereof; and if in the deliberate judgment of Congress any

restraint to the proposed legislation exists, it is to be hoped that the

expediency of its early removal will be recognized. I desire also to

call the attention of the Congress to another subject involving such

wrongs and unfair treatment to our citizens as, in my opinion, require

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 liberally

by the United States Government and made free to all mankind, while

Canadian railroads and navigation companies share in our country's

transportation upon terms as favorable as are accorded to our own

citizens.

The canals and other public works built and maintained by the Government

along the line of the lakes are made free to all.

In contrast to this condition, and evincing a narrow and ungenerous

commercial spirit, every lock and canal which is a public work of the

Dominion of Canada is subject to tolls and charges.

By Article XXVII of 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 to also secure to the subjects of Great

Britain the use of the St. Clair Flats Canal on terms of equality with

the inhabitants of the United States.

The equality with the inhabitants of the Dominion which we were promised

in the use of the canals of Canada did not secure to us freedom from

tolls in their navigation, but we had a right to expect that we, being

Americans and interested in American commerce, would be no more burdened

in regard to the same than Canadians engaged in their own trade; and

the whole spirit of the concession made was, or should have been, that

merchandise and property transported to an American market through these

canals should not be enhanced in its cost by tolls many times higher

than such as were carried to an adjoining Canadian market. All our

citizens, producers and consumers as well as vessel owners, were to

enjoy the equality promised.

And yet evidence has for some time been before the Congress, furnished

by the Secretary of the Treasury, showing that while the tolls charged

in the first instance are the same to all, such vessels and cargoes as

are destined to certain Canadian ports are allowed a refund of nearly

the entire tolls, while those bound for American ports are not allowed

any such advantage.

To promise equality, and then in practice make it conditional upon our

vessels doing Canadian business instead of their own, is to fulfill a

promise with the shadow of performance.

I recommend that such legislative action be taken as will give Canadian

vessels navigating our canals, and their cargoes, precisely the

advantages granted to our vessels and cargoes upon Canadian canals, and

that the same be measured by exactly the same rule of discrimination.

The course which I have outlined and the recommendations made relate to

the honor and dignity of our country and the protection and preservation

of the rights and interests of all our people. A government does but

half its duty when it protects its citizens at home and permits them

to be imposed upon and humiliated by the unfair and over-reaching

disposition of other nations. If we invite our people to rely upon

arrangements made for their benefit abroad, we should see to it that

they are not deceived; and if we are generous and liberal to a

neighboring country, our people should reap the advantage of it by a

return of liberality and generosity.

These are subjects which partisanship should not disturb or confuse. Let

us survey the ground calmly and moderately; and having put aside other

means of settlement, if we enter upon the policy of retaliation let us

pursue it firmly, with a determination only to subserve the interests of

our people and maintain the high standard and the becoming pride of

American citizenship.

A Compilation of the Messages and Papers of the Presidents. Volume 8, part 3: Grover Cleveland, First Term · 第 511 / 872 题