While I shall not hesitate upon proper occasion to enforce this act,
it would seem to be unnecessary to suggest that if such enforcement is
limited in such a manner as shall result in the least possible injury to
our own people the effect would probably be entirely inadequate to the
accomplishment of the purpose desired.
I deem it my duty, therefore, to call the attention of the Congress to
certain particulars in the action of the authorities of the Dominion
of Canada, in addition to the general allegations already made, which
appear to be in such marked contrast to the liberal and friendly
disposition of our country as in my opinion to call for such legislation
as will, upon the principles already stated, properly supplement the
power to inaugurate retaliation already vested in the Executive.
Actuated by the generous and neighborly spirit which has characterized
our legislation, our tariff laws have since 1866 been so far waived
in favor of Canada as to allow free of duty the transit across the
territory of the United States of property arriving at our ports and
destined to Canada, or exported from Canada to other foreign countries.
When the treaty of Washington was negotiated, in 1871, between the
United States and Great Britain, having for its object very largely the
modification of the treaty of 1818, the privileges above referred to
were made reciprocal and given in return by Canada to the United States
in the following language, contained in the twenty-ninth article of said
treaty:
It is agreed that for the term of years mentioned in Article XXXIII of
this treaty 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 Government of the
United States 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.
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