The first and second of these provisions were concessions by the United States and were made subject to “such rules, regulations, and conditions for the protection of the revenue as the Government of the United States may from time to time prescribe.”  The third, fourth, and fifth provisions of the articles are concessions on the part of the Dominion of Canada and are made subject to “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.”  The first and second and the third and fourth of these provisions are reciprocal in their nature.  The fifth, which provides for the transit of merchandise from one point in the United States, through Canada, to another point in the United States, is not met by a reciprocal provision for the passage of Canadian goods from one point in Canada to another point in Canada through the United States.  If this article of the treaty is in force, the obligations assumed by the United States should be fully and honorably observed until such time as this Government shall free itself from them by methods provided in the treaty or recognized by international law.  It is, however, no part of the obligation resting upon the United States under the treaty that it will use the concessions made to it by Canada.  This Government would undoubtedly meet its full duty by yielding in an ample manner the concessions made by it to Canada.  There could be no just cause of complaint by Great Britain or Canada if the compensating concession to the United States should not be exercised.  We have not stipulated in the treaty that we will permit merchandise to be moved through Canadian territory from one point of the United States to another at the will of the shipper.  The stipulation is on the part of Canada that it will permit such merchandise to enter its territory from the United States, to pass through it, and to return to the United States without the exaction of duties and without other burdens than such as may be necessary to protect its revenues.

The questions whether we shall continue to allow merchandise to pass from one point in the United States, through Canadian territory, to another point in the United States, and, if so, to what exactions and examinations it shall be subjected on reentering our territory, are wholly within the power of Congress without reference to the question whether Article XXIX is or is not in force.

The treaty of Washington embraced a number of absolutely independent subjects.  Its purpose, as recited, was “to provide for an amicable settlement of all causes of difference between the two countries.”  It provided for four distinct arbitrations of unsettled questions, including the Alabama claims, for a temporary settlement of the questions growing out of the fisheries, and for various arrangements affecting commerce and intercourse between the United States and the British North American possessions.  Some of its provisions