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Administration sees fit, to impose such terms, regula- | Mr. Sherman, "he has power to bring the Canadians to tions and conditions as the Secretary may see fit, and terms in twenty-four hours. A mere declaration on yet with that power the President allows it to slumber these two points, that we will not allow fresh fish to during all these years, when, as he informs us, these come free into our markets as long as our fishermen are outrages on the part of Canada were going on, and denied their rights, and that we will not allow them to now comes in and asks the Senate and House of Rep discriminate against us in the canals and the great transresentatives to grant him power which he knows per-portation lines, will bring them to terms. If we deal fectly well he has the right to exercise. How could with them on principles of justice and right we will he reconcile it, either with our honor or dignity, if win their favor rather than provoke their opposition. this treaty had been ratified, to immediately turn round and say to Great Britain: "Now I have got this treaty signed I am going to declare non-intercourse with you on another ground which I never mentioned in the negotiations." If the patriotic spirit of the majority of the Senate had not rejected the treaty the American people would never have heard from the Executive a lisp of a desire to affirm and maintain and defend and establish their rights in relation to the sys. tem of transportation. It was idle for the President to undertake at this time to cover up his retreat and cover up his surrender by undertaking to come to the front in regard to this matter.

Senator Hale declares the Message "a desperate expedient to recover lost ground."

Mr. Hale characterized the President's message as a desperate expedient to recover lost ground, and a confession that the attitude taken by him and his Administration as to the treaty was an attitude that had no account or force in it. Nothing had shown the wisdom and patriotism of the course taken by Republican Senators in rejecting the treaty as worthless so clearly as this message. After having failed in the treaty the President found fault with the statute of retaliation, and said that there was not power enough given to him to retaliate against Canadian aggression. And yet his Secretary of the Treasury had found power enough in the statutes to give to British steamships and to the Canadian Pacific Railway permission to transport goods from one American port, San Francisco, to auother American port, and thence to the terminus of that railway. He held that under the retaliation act the President had ample power. It was an act that was farther reaching and farther extensive than any act that had ever been called upon to be put in exercise by an Administration. If the grievances recited existed now they had existed for the last two years.

Senator Sherman on the Message.

Mr. Sherman confessed that the message of the President gave him more pleasure than he usually derived from messages coming from that high authority. But he thought that it was a movement to supply lost ground. If the President had based his treaty on the principles laid down in his message there would have been no difficulty about the treaty, and it would have been ratified by a unanimous vote, because the message did assert the rights of American citizens. The principal point made by the President had been whether the XXIXth article of the treaty had been abrogated by the notice given in 1883 and by the subsequent action of Congress. The President's arguments on that point appeared plausible, but it seemed that the Commerce Committee on the retaliation bill had taken a different view. But, whether that article was abrogated or not, the power of the President under existing laws was ample and full. The message of the President was a sign that he was willing to stand with the Senate in the position taken by it.

Mr. Sherman proceeded to speak of the discriminating tolls on the Canadian canals, and said that they ought not to be submitted to. Reciprocal rights ought to be insisted upon. The matter of sending goods through Canada to Portland was a matter of importance and benefit to the people of both countries, and if conducted fairly and properly there could be no complaint about it. He proceeded to speak of the financial policy of the Administration and said that of all the financial management that he had read of in story or song, it was the worst. He spoke of the countless millions that had been lost through the Administration declining for nearly three years to use the surplus in purchasing bonds, although both Houses had declared that the Secretary of the Treasury possessed the power to do so. But the President had doubted his power in that case just as he doubted it in this. And again he came to

"I believe that the result of such a mode of dealing with them would be the union of the Dominion of Canada and the Republic of the United States, and that would be best of all. The friction about these fisheries troubles, upon the question of canals between Lake Erie and Lake Ontario, upon the question of shipping goods from San Francisco to Portland, and upon occurrences in Manitoba is likely to continue. All these circulating subjects are likely to increase from time to time, as they are increasing, until the time may come when the two great nations may be involved in a most dangerous controversy-which God forbid.

"I believe, therefore, that the policy of generosity and of liberality would bind these two countries together in one harmonious government, and that is what we all ought to desire to see.'

PART IV.

The Twenty-ninth Article-Representative Hitt's Conclusive Showing that it is still in Force.

Congressman Hitt, formerly assistant Secretary of State, and now on the Committee on Foreign Affairs of the House of Representatives, speaking of the 29th article of the treaty of Washington, said:

The language of the act of Congress of 1873, based upon that article, does imply upon its face that the article was to run for the same period - and only for the same period as the fishery articles. The article itself, however, while not contradicting that, contains nothing to enforce that view; it only provides that ita duration is to be ascertained by the same method as that of the fishery articles; it is to last for ten years, and further till two years after due notice. Now, assuming from the language of the law of 1873 that the purpose was that the 29th article should cease at the same time as the fishery articles, there is a question as to whether the twenty-ninth article is now in force, or whether it lapsed three years and more ago. But it is a well-established principle of law that when the meaning of a contract is in dispute it is to be construed in accordance with the conduct of the parties. In this case both the parties up to last Thursday have treated the twenty-ninth article as in full force and terminable only after two years' notice. In any court of justice that would be conclusive. No court would allow a man to suddenly repudiate a contract that he had acknowledged himself to be bound by for three years and more after the date when he now says the contract ceased.

We passed a retaliation act last year, drawn with the express understanding that the twenty-ninth arti cle was in force. The method of retaliation that the President now proposes was discussed then, and was dropped because the twenty-ninth article was in the way. Secretary Bayard then held that that article was in force; and to get around it, Mr. Belmont proposed to exclude cars coming from Canada, without in terms excluding the contents of the cars, on the ground that the contents had the right of transit under the twentyninth article, but the cars had not. This was abandoned as being a mere evasion. Secretary Bayard wrote to the conferrees on the Interstate Commerce Bill, in January, 1887, that all of the commercial articles of the treaty were in full force; and last winter, in the negotiation of the fishery treaty, he and Messrs. Putnam and Angell treated the twenty-ninth article as in full force. Now, the President's argument is plausible in a technical view of words; but can we, in view of our

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dealing with a great nation, that the article is not only dead, but that it died more than three years ago, although we were entirely unconscious of it ourselves? If there is any force in the legal maxim that the expression of one thing is the exclusion of the other, it has a bearing on this matter. Article 33, determining the duration of the fishery articles, expressly enumerates Articles 18 to 25 and Article 30, and the omission of Article 29 should be presumed to have some significance. President Arthur gave notice to England of the abrogation of Articles 18 to 25 and Article 30, but he said nothing about Article 29, yet the treaty manifestly contemplates notice as preliminary to terminating any part of it. The method of retaliation which the President recommends would relieve the Dominion Government from the expense of supporting the International Railway out of the public treasury. That road, which exists only for political reasons, would then find ample commercial reasons for existence. It now runs one small train each way daily. The President's method of retaliation would force to that road a business that would enable it to pay a profit to the Canadian Goverment, who own it, and run it at a great loss. St. John and Halifax would gain business at the expense of Portland and Boston,

and the Central Vermont would lose traffic. It would

play right into the hands of the Tory rulers of Canada, who are trying, in spite of nature, to force Ontario and Quebec into close union with the maritime Prov. inces and separate them from the States.

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On Aug. 28, 1888, a resolution previously offered by Senator Hoar, was amended on motion of Senator Edmunds, and in its amended form was agreed to by the Senate in the following form:

Resolved, That the President of the United States be requested, if not in his judgment incompatible with the public interest, to communicate to the Senate copies of all communications, if any, addressed by his direction to the Government of Great Britain, remonstrating with that Government against the wrongs and unfair treatment to our citizens by the action of the Canadian Government in refunding to vessels and cargoes which pass through the Welland and other Canadian canals nearly the entire tolls if they are destined to Canadian ports, while those bound for American ports are not allowed any such advantage, and the breach of the engagement contained in the treaty of 1871, whereby Great Britain promised to the United States equality in the matter of such canal transportation; also copies of any demand made by his direction upon Great Britain for the redress of such wrongs, and the replies of Great Britain to such communication and demand. And also that there be communicated to the

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Senate copies of all papers and information touching the matter of the refusal of the British Government or that of any of her North-American dominions to allow the entry at Dominion seaports of American fish or other cargoes, for transporting in bond to the United States since the first day of July, 1885. Also that be communicate to the Senate what instances have occurred since the 3d of March, 1887, of wrongs to American fishing vessels, or other American vessels in the ports or waters of British North America; and what steps, if any, have been taken in respect thereto.

The Cullom Resolution.

On August 30, Senator Cullom offered the following resolution in the Senate, which (at the time of writing) is still pending:

Whereas, the President of the United States, in his message of Aug. 23, 1888, concerning our relations with Canada, advises Congress that article 29 of the treaty of Washington, which provided for the transit of goods, wares and merchandise in bond over the territory of the United States to or from Canada is no longer in force; and

Whereas, in the same message the President also advises Congress that section 3 of the act of March 1, 1873, passed to carry into effect the provisions of said article 29, is no longer in force; and

Whereas, section 3005 of the Revised Statutes only authorizes the transit through the territory of the United States of merchandise destined for Canada and arriving from abroad at New York, Boston and Portland in Maine (or at such other ports as may be specially designated by the Secretary of the Treasury): therefore

Resolved, That the Secretary of the Treasury be and is hereby directed to inform the Senate whether the transit in bond over or across the territory of the United States without the payment of duty, of goods, wares and merchandise coming from Canada has been permitted since July 1, 1885, when article 22 of the treaty of Washington and section 3 of the act of March 1, 1873, are said to have ceased to be in force, and, if so, to what extent and by what authority of law.

President Cleveland's Double Game-
"Ways that are Dark."

The following despatch appears in the Boston Journal:

WASHINGTON, Sept. 4. The information comes from apparently trustworthy sources that simultaneous with the transmission of the President's recent retaliation message to Congress a private communication was transmitted by the Government of the United States to the British Government at London, assuring it that it need have no anxiety as to any official action that would be taken under the authority that the President had asked of Congress if it should be granted. Assurance was given that the United States would furnish no casus belli in connection with the matter. This throws light on the despatches from Canada, showing that while some Government officials there are ranting and attempting to excite the people, the Canadian authorities, who are directly responsible for the policy of the Government, are playing a different tune from that of a few weeks ago. There are more than intimations that the United States has only to ask for what it wants and it will get it.

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56,455 46,243 57,391

67,317

Wisconsin... 108,857 84,707 104,997 86,477 130,668 123,927 144,400 114,649 161,157 146,459

Total..... 3,015,071 2,709,613 3,597,070 2,834,079 4,033,295 4,284,265 4,454,416 4,444,952 4,851,981 4,874,986
Majority 305,458
Over all. 157,394 9,464 Plurality* Plur'ty. 23,005

....

762,991

In 1872 the Straight Democratic ticket (O'Conor) received 29,489 votes, and the Prohibition ticket (Black), 5,608.

In 1876, Cooper (Greenback) received 81,737 votes, and Smith (Prohibition), 9,522 votes. The "Anti-Secret Society ticket," 539 in all. There were 1,778 votes returned as "scattering," or "imperfect."

In 1880, Weaver (Greenback) received 308,578 votes; Dow (Prohibition), 10,305; "American" ticket, 707; and 989 "imperfect and scattering."

In 1884, Butler (Greenback) received 175,370 votes; St. John (Prohibition), 150,369; imperfect or scattering, 14,904.

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No. II.- Electoral Vote for President and Vice-President.

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Total

35

35 35

35

36

36

10

10

10

10

11

11

22

22

22

23

23

3

3

3

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No. III. -The Present Electoral College Compared with the Old.

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....

305,458

762,991

Over all.

23,005

Total...... 3,015,071 2,709,613 3,597,070 2,834,079 4,033,295 4,284,265 4,454,416 4,444,952 4,851,981 4,874,986 Majority 157,394 9,464 Plurality * Plur’ty.

In 1872 the Straight Democratic ticket (O'Conor) received 29,489 votes, and the Prohibition ticket (Black), 5,608.

In 1876, Cooper (Greenback) received 81,737 votes, and Smith (Prohibition), 9,522 votes. The "Anti-Secret Society ticket," 539 in all. There were 1,778 votes returned as "scattering," or "imperfect."

In 1880, Weaver (Greenback) received 308,578 votes; Dow (Prohibition), 10,305; "American" ticket, 707; and 989"imperfect and scattering."

In 1884, Butler (Greenback) received 175,370 votes; St. John (Prohibition), 150,369; imperfect or scattering, 14,904.

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1828. 1,156,328 1840. 2,410,772 1852. 3,142,877 1864. 4,024,792 1876.
1832. 1,217,691 1844. 2,098,608 1856. 4,053,967 1868. 5,724,624
1880,
1836. 1,498,205 1848.
2,872,806 1860. 4,676,853 1872. 6,431,149 1884.

8,424,073

9,299,947

10,067,610

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