Images de page
PDF
ePub

thing we got under our strict demand for the right. It is the last thing we will ever get without compensation, until we go to war to regain our attitude of 1783.

The extract from the report of the Senate committee, above copied, shows that in such a war we would be fighting over a subject that is utterly barren of any actual value to the American people--a war in which the principles involved would have no relation to rights secured by international laws, but would relate only to the meaning of words in a treaty that were put there by the mutual consent of two enlightened Governments.

This treaty closes the discussion on the subject of delimitation of fishing boundaries, a matter that was, in some sort, provided for in the treaty of 1854.

It presents a fair and equitable settlement of questions that have been in dispute for seventy years.

It gives our fishermen, as an equivalent for the concessions we make, largely increased privileges as navigators, beyond the narrow and inhospitable provisions of the treaty of 1818.

And, for the first time that such a thing was ever attempted, this treaty proposes to open the door to wide commercial privileges for our fishermen, based on concessions that concern them alone.

The modus vivendi provided in the protocol enables our fishermen, during two fishing seasons, to compare the value of the very broad commercial privileges therein accorded with the price of annual license at $1.50 per ton on their ships. A fisherman, outfitting with all he needs to sustain his business in Canadian ports, and having the privilege of sending his fares to our market under bond, over railroads and through such ports as would be easily reached, would be able to make so many more voyages that the annual license of $1.50 a ton on his ship would be reduced to 30 cents or 40 cents per ton on the voyage.

If the business will not bear such a tax in compensation for such privileges, it is scarcely worth a war, or a serious disturbance of good will with our neighbors, to secure these commercial advantages to our fishermen.

We venture to repeat the recommendation that the Senate will await the developments that even one fishing season will make under this protocol before taking final action on the treaty.

XVII.

THERE IS NO FAULT IN THE MANNER OF NEGOTIATING THIS TREATY,

AND THE PRESIDENT HAS NOT IN ANY WAY EXCEEDED HIS CONSTITUTIONAL POWERS, OR WITHHELD ANY COURTESY DUE TO THE SENATE IN RESPECT OF THE AGENTS SELECTED BY HIM TO CONDUCT THE NEGOTIATION, OR IN THE TIME OR PLACE OF NEGOTIATING OR CONCLUDING THE TREATY.

On the other question, as to the form in which this negotiation has been conducted and the authority of the two plenipotentiaries, Mr. Putnam and Mr. Angell, to act, without a confirmation by the Senate, we rely upon the precedents cited in the annexed brief of cases that seem to conclude any question on this point.

The table hereto appended, marked C, will furnish an easy reference to all the appointments of diplomatic agents to negotiate and conclude conventions, agreements, and treaties with foreign powers since 1792. The whole number of persons appointed or recognized by the President, without the concurrence or advice of the Senate, or the express authority of Congress, as agents to conduct negotiations and conclude treaties is 438. Three have been appointed by the Secretary of State and 32 have been appointed by the President with the advice and consent of the Senate.

It will be seen that an interval of fifty-three years, between 1827 and 1880, occurred during which the President did not ask the consent of the Senate to any such appointment.

The following important appointments and many others were made when the Senate was in session: March 2, 1793.—David Humphries. By Washington. Commissioned plenipoten

tiary to treat with Algiers. Congress adjourned on that day. January 26, 1832.-Edmund Roberts. By Jackson. Commissioner to treat with

Cochin China and Siam. Congress in session. May 3, 1838.-Nathaniel Niles. By Van Buren. Special agent to negotiate treaty

with Sardinia. Congress in session. March 28, 1846.-A. Dudley Mann. By Polk. Special agent to treat with sundry

states of Germany. Congress in session. The constitutional power of the President to select the agents through whom he will conduct such business is not affected by the fact that the Senate is or is not in session at the time of such appointment or while the negotiation is being conducted, or the fact that he may prefer to withhold, even from the Senate, or from other countries, the fact that he is treating with a particular power or on a special subject.

The secret-service fund that Congress votes to the Department of State annually is that from which such agents are usually paid. That is the most important reason for such appropriations.

The following is a summary of Appendix C:
Persons appointed by the President and confirmed by the Senate:

1792. William Carmichael, William Shott, to treat with Spain,
1794. John Jay, to treat with Great Britain.
1794. Thomas Pinckney, to treat with Spain.
1796. Rufus King, to treat with Great Britain.
1797. John Q. Adams, to treat with Prussia.
1797. John Q. Adams, to treat with Sweden.
1797. C. C. Pinckney, John Marshall, Elbridge Gerry, to treat with France.
1798. John Q. Adams, to treat with Sweden.
1799. Rufus King, to treat with Russia.
1799. Oliver Ellsworth, Patrick Henry, and William Van Murray, to treat

with France. 1799. W. R. Davis, vice Henry, as above. 1803. James Monroe and R. R. Livingston, to treat for Louisiana. 1803. Rufus King, to treat with Great Britain, northeast boundary. 1806. James Armstrong and James Bowdoin, to treat with Spain. 1814. J. Q. Adams, J. A. Bayard, Henry Clay, and Jonathan Russell, to treat

with Great Britain. 1814. Albert Gallatin, to treat with Great Britain. 1826. R.C. Anderson and John Sargeant, to treat with the American nations. 1827. Joel R. Poinsett, vice Anderson, above. 1890. James B. Angell, John T. Swift, and W. H. Prescott, to treat with China.

Total number, 32.
Persons appointed by the Secretary of State:

1825. Christopher Hughes, to treat with Denmark.
1826. John James Appleton, to treat with Naples.
1886. George H. Bates, to treat with Tonga.

Total number, 3.
Persons appointed by the President:
Total number, 438.

JOHN T. MORGAN.
ELI SAULSBURY.
JOSEPH E. BROWN.
H. B. PAYNE.

APPENDIX A.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas by an act of Congress of the United States, passed on the 29th day of May, 1830, it is provided that whenever the President of the United States shall receive satisfactory evidence that the Government of Great Britain will open the ports of its colonial possessions in the West Indies, on the continent of South America, the Bahama Islands, the Caicos, and the Bermuda or Somer Islands, to the vessels of the United States for an indefinite or for a limited term, that the vessels of the United States and their cargoes on entering the colonial ports aforesaid shall not be subject to other or higher duties of tonnage or impost or charges of any other description than would be imposed on British vessels or their cargoes arriving in the said colonial possessions from the United States; that the vessels of the United States may import into the said colonial possessions from the United States any article or articles which could be imported in a British vessel into the said possessions from the United States, and that the vessels of the United States may export from the British colonies aforementioned to any country whatever other than the dominions or possessions of Great Britain any article or articles that can be exported therefrom in a British vessel to any country other than the British dominions or possessions aforesaid, leaving the commercial intercourse of the United States with all other parts of the British dominions or possessions on a footing not less favorable to the United States than it now is; that then, and in such case, the President of the United States shall be authorized at any time before the next session of Congress to issue his proclamation declaring that he has received such evidence, and that thereupon, and from the date of such proclamation, the ports of the United States shall be opened indefinitely or for a term fixed, as the case may be, to British vessels coming from the said British colonial possessions and their cargoes, subject to no other or higher duty of tonnage or impost or charge of any description whatever than would be levied on the vessels of the United States or their cargoes arriving from the said British possessions, and that it shall be lawful for the said British vessels to import into the United States and to export therefrom any article or articles which may be imported or exported in vessels of the United States, and that the act entitled "An act concerning navigation," passed on the 18th day of April, one thousand eight hundred and eighteen; an act supplementary thereto passed the fifteenth day of May, one thousand eight hundred and twenty, and an act entitled "An act to regulate the commercial intercourse between the United States and certain British ports," passed on the first day of March, one thousand eight hundred and twenty-three, shall in such case be suspended or absolutely repealed, as the case may require;

And whereas by the said act it is further provided that whenever the ports of the United States shall have been opened under the authority thereby given British vessels and their cargoes shall be admitted to an entry in the ports of the United States from the islands, provinces, or colonies of Great Britain op or near the North American continent and north or east of the United States;

And whereas satisfactory evidence has been received by the President of the United States that whenever he shall give effect to the provisions of the act aforesaid the Government of Great Britain will open for an indefinite period the ports in its colonial possessions in the West Indies, on the continent of South America, the Bahama Islands, the Caicos, and the Bermuda or Somer Islands to the vessels of the United States and their cargoes upon the terms and according to the requisitions of the aforesaid act of Congress:

Now, therefore, I, Andrew Jackson, President of the United States of America, do hereby declare and proclaim that such evidence has been received by me; and that, by the operation of the act of Congress passed on the 29th day of May, 1830, the ports of the United States are, from the date of this proclamation, open to British vessels coming from the said British possessions, and their cargoes, upon the terms set forth in the said act. The act entitled "An act concerning navigation,” passed on the 18th day of April, 1818; the act supplementary thereto, passed the 15th day of May, 1820, and the act entitled "An act to regulate the commercial intercourse between the United States and certain British ports," passed the first day of March, 1823, are absolutely repealed, and British vessels and their car. goes are admitted to an entry in the ports of the United States from the islands, Provinces, and colonies of Great Britain on or near the North American continent and north or east of the United States.

Given under my hand, at the city of Washington, the 5th day of October, in the year of our Lord 1830, and the 55th of the Independence of the United States.

ANDREW JACKSON. By the President: M. VAN BUREN,

Secretary of State.

CIRCULAR TO THE COLLECTORS OF CUSTOMS.

TREASURY DEPARTMENT, October 6, 1830. SIR: You will perceive by the proclamation of the President herewith transmitted that from and after the date thereof the act entitled "An act concerning navigation," passed on the 18th of April, 1818; an act supplementary thereto, passed the 15th of May, 1820, and an act entitled "An act to regulate the commercial intercourse between the United States and certain British ports," passed on the 1st of March, 1823, are absolutely repealed; and the ports of the United States are opened to British vessels and their cargoes coming from the British colonial possessions in the West Indies, on the continent of South America, the Babama Islands, the Caicos, and the Bermuda or Somer Islands; also from the islands, Provinces, or colonies of Great Britain on or near the North American continent and north or east of the United States.

By virtue of the authority of this proclamation, and in conformity with the arrangement made between the United States and Great Britain, and under the sanction of the President, you are instructed to admit to entry such vessels, being laden with the productions of Great Britain, or her said colonies, subject to the same duties of tonnage and impost and other charges as are levied on the vessels of the United States or their cargoes arriving from the said British colonies. You will also grant clearances to British vessels

for the several ports of the aforesaid colonial possessions of Great Britain, such vessels being laden with such articles as may be exported from the United States in vessels of the United States; and British vessels coming from the said British colonial possessions may also be cleared for foreign ports and places other than those in the said British colonial possessions, being laden with such articles as may be exported from the United States in vessels of the United States. I am, sir, very respectfully, your obedient servant,

S. D. INGHAM, Secretary of the Treasury.

APPENDIX B.

ORDER IN COUNCIL.

AT THE COURT AT ST. JAMES,

November 5, 1830. Present: The King's Most Excellent Majesty in Council.

Whereas by a certain act of Parliament, passed in the 6th year of the reign of his late Majesty King George the Fourth, entitled "An act to regulate the trade of the British possessions abroad,” after reciting that “by the law of navigation foreign ships are permitted to import into any of the British possessions abroad, from the countries to which they belong, goods the produce of those countries, and to export goods from such possessions to be carried to any foreign country whatever, and that it is expedient that such permission should be subject to certain conditions, it is therefore enacted that the privileges thereby granted to foreign ships shall be limited to the ships of those countries which, having colonial possessions, shall grant the like privilege of trading with these possessions to British ships, or which, not having colonial possessions, shall place the commerce and navigation of this country and of its possessions abroad upon the footing of the most favored nation, unless His Majesty, by his order in council, shall in any case deem it expedient to grant the whole or any of such privileges to the ships of any foreign country, although the conditions aforesaid shall not in all respects be fulfilled by such foreign country.

And whereas by a certain order of his said late Majesty in council, bearing date the 27th July, 1826, after reciting that the conditions mentioned and referred to in the said act of Parliament had not in all respects been fulfilled by the Government of the United States of America, and that, therefore, the privileges so granted as aforesaid by the law of navigation to foreign ships could not lawfully be exercised or enjoyed by the ships of the United States aforesaid unless His Majesty, by his order in council, should grant the whole or any of such privileges to the ships of the United States aforesaid, his said late Majesty did, in pursuance of the powers in him vested by the said act, grant the privileges aforesaid to the ships of the said United States, but did thereby provide and declare that such privileges should absolutely cease and determine in His Majesty's possessions in the West Indies and South America, and in certain other of His Majesty's possessions abroad, upon and from certain days in the said order for that purpose appointed, and which are long since passed:

And whereas by a certain other order of his said late Majesty in council, bearing date the 16th of July, 1827, the said last-mentioned order was confirmed;

And whereas, in pursuance of the acts of Parliament in that behalf made and provided, his said late Majesty, by a certain order in council bearing date the 21st day of July, 1823, and by the said order in council bearing date the 27th day of July, 1826,

was pleased to order that there should be charged on all vessels of the said United States which should enter any of the ports of His Majesty's possessions in the West Indies or America, with articles of the growth, produce, or manufacture of the said States, certain duties of tonnage and of custoins therein particularly specified;

And whereas it hath been made to appear to His Majesty in council that the restrictions heretofore imposed by the laws of the United States aforesaid, upon British vessels navigating between the said States and His Majesty's possessions in the West Indies and America, have been repealed, and that the discriminating duties of tonnage and of customs heretofore imposed by the laws of the said United States upon British vessels and their cargoes, entering the ports of the said States from His Majesty's said possessions, have also been repealed; and that the ports of the United States are now open to British vessels and their cargoes coming from His Majesty's possessions aforesaid;

His Majesty doth, therefore, with the advice of his privy council, and in pursuance and exercise of the powers so vested in him, as aforesaid, by the said act so passed in the sixth year of the reign of his said late Majesty, or by any other act or acts of Parliament, declare that the said recited orders in council of the 21st day of July, 1823, and of the 27th day of July, 1826, and the said order in council of the 16th day of July, 1827 (so far as the such last-mentioned order relates to the said United States), shall be, and the same are hereby, respectively revoked;

And His Majesty doth further, by the advice aforesaid, and in pursuance of the powers aforesaid, declare that the ships of and belonging to the United States of America may import from the United States aforesaid into the British possessions abroad goods the produce of those States, and may export goods from the British possessions abroad to be carried to any foreign country whatever.

And the right honorable the lords commissioners of His Majesty's treasury, and the Right Honorable Sir George Murray, one of His Majesty's principal secretaries of state, are to give the necessary directions herein, as to them may respectively appertain.

JAS. BULLER. A true copy. COUNCIL OFFICE, WHITEHALL, Nov. 6th, 1830,

« PrécédentContinuer »