will presently be made. An examination of
the discussion between the plenipotentiaries who framed the treaty
furnishes this entry, which President Cleveland thought to be conclusive
of the intention of the plenipotentiaries, viz:
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.
On March 1, 1873, Congress passed an act 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." The act consisted of five sections, the
first and second of which provided for carrying into effect the
provisions of the treaty "relating to the fisheries." The fourth section
provided for carrying into effect section 30 of the treaty. These three
sections furnished the legislation contemplated by Article XXXIII of
the treaty to carry into effect Articles XVIII to XXV and XXX. The act,
however, went further, as will be seen by an examination of section 3,
which is as follows:
That from the date of the President's proclamation authorized by the
first section of this act, and so long as the Articles XVIII to XXV,
inclusive, and Article XXX of said treaty shall remain in force,
according to the terms and conditions of Article XXXIII of said treaty,
all 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
Secretary of the Treasury 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 will be noticed that provision is here made for carrying into effect
the two provisions of Article XXIX which I h
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