A Compilation of the Messages and Papers of the Presidents eBook

This eBook from the Gutenberg Project consists of approximately 622 pages of information about A Compilation of the Messages and Papers of the Presidents.

A Compilation of the Messages and Papers of the Presidents eBook

This eBook from the Gutenberg Project consists of approximately 622 pages of information about A Compilation of the Messages and Papers of the Presidents.
were made terminable by methods pointed out in the treaty.  Articles I to XVII, inclusive, provide for the settlement of the Alabama claims and of the claims of British subjects against the United States, and have been fully executed.  Articles XVIII to XXV, inclusive, relate to the subject of the fisheries, and provide for a joint commission to determine what indemnity should be paid to Great Britain for the fishing privileges conceded.  These articles have been terminated by the notice provided for in the treaty.

Article XXVI provides for the free navigation of the St. Lawrence, Yukon, Porcupine, and Stikine rivers.  Article XXVII provides for the equal use of certain frontier canals and waterways, and contains no provision for termination upon notice.  Article XXVIII opens Lake Michigan to the commerce of British subjects under proper regulations, and contains a provision for its abrogation, to which reference will presently be made.  Article XXX provides for certain privileges of transshipment on the Lakes and northern waterways, and contains the same provision as Article XXIX as to the method by which it may be terminated.  Article XXXI provides for the nonimposition of a Canadian export duty on lumber cut in certain districts in Maine and floated to the sea by the St. Johns River, and contains no limitation as to time and no provision for its abrogation.  Article XXXII extended to Newfoundland in the event of proper legislation by that Province the fishery provisions of Articles XVIII to XXV, and was of course abrogated with those articles.  Article XXXIII, which provides a method for the abrogation of certain articles of the treaty, I will presently quote at length.  The remaining articles of the treaty, namely XXXV to XLII, provide for the arbitration of the dispute as to the Vancouver Island and De Haro Channel boundary, and have been fully executed.  Articles XVIII, XIX, XXI, XXVIII, XXIX, and XXX each contains a provision limiting their life to “the term of years mentioned in Article XXXIII of this treaty.”  The articles between XVIII and XXX, inclusive, which do not contain this provision, are those that provide for an arbitration of the fishery question, which were of course terminable by the completion of the arbitration; Article XXVI, relating to the navigation of the St. Lawrence and other rivers, and Article XXVII, relating to the use of the canals.  The question whether Article XXIX is still in force depends, so far as the construction of the treaty goes, upon the meaning of the words “the term of years mentioned in Article XXXIII.”  That article is as follows: 

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