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 artic
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