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respect of the Dominion canals, which in terms was dependent upon the pleasure of Canada, and liable to be terminated at any time by adverse legislation or regulation. The meaning of the concluding proviso of Article XXX is clearly that in the event of the privileges of equal enjoyment of the Dominion canals by citizens of the United States being withdrawn or curtailed, the United States might retaliate by forthwith suspending the reciprocal transit privilege under Article XXX, even though the period fixed for the duration thereof should not have elapsed. Thus, had discriminating measures been adopted in respect to the Canadian canals at any time during the ten years' life of the article, or during the two years succeeding notice given of its termination, the United States could have at once suspended the transit privileges granted to Canadians within the territory of the United States.

This right of suspension was a mere incident of the peculiar relations of transit and intercourse created by Articles XXVII and XXX of the treaty of Washington, and is wholly different, both in intent and in effect, from the right of termination given in regard to those and sundry other articles by the thirty-third article of the treaty. The right of suspension could be exercised for cause by the United States alone, the case arising. The right of abrogation was common to both governments, to be exercised by either at its pleasure after a defined term should have elapsed, if in its judgment the continuance of the relations created by those articles should be found inexpedient. Like all engagements of intercourse and reciprocity, the articles in question were tentative, and their continuance, after a certain time, was to be dependent on their continuing to work in a manner satisfactory to each of the contracting parties. The United States, for considerations of domestic convenience, saw fit to exercise the right of abrogation at the earliest possible date permitting by the terms of the treaty. irrelevant to associate this exercise of an ordinary right of termination common to all treaties of commercial intercourse with the idea of a penalty for a shortcoming as yet nonexistent on the part of the other contracting party.

The Canadian argument appears to regard the authorized and normal termination of Article XXX as operating indefinitely and for all future time to exhaust the power of penalty and retaliation for any failure of Canada to fulfill the intended engagement of equality in the use of her canals. The mere statement of this proposition suffices to demonstrate its untenableness.

The proposition to secure, for Canadian citizens and products, some additional privilege of transit within the United States, as an offset or pretended equivalent for the enjoyment by Americans of the facilities of the Dominion canals on an identical footing of equality with Canadians, is not new. It was incidentally suggested in the conferences held on the 3rd and 4th of June, 1892, between the Secretary of State and the Canadian Commissioners, but was dismissed without consideration. It came up also in the same conference in the form of a proposal that the free navigation of the New York State canals and the Hudson River should be granted to Canadians in return for the removal of the discriminating canal tolls of the Dominion, and was again dismissed. It is now presented anew in its original form.

Regarded as a whole, the Canadian reply fails to meet the just complaints of the United States. It narrows the issue to the treatment of American and Canadian vessels in respect to tolls in the Welland and St. Lawrence canals, and to the denial of rebate to cargoes of grain stuff's actually transshipped in an American port for export from Mon

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treal, or a port east of that city. It ignores the adroitly devised system
by which the traffic of the citizens of the United States is made to con-
tribute a much larger percentage of tolls in the Welland Canal than
the traffic of Canadians. And it is altogether silent touching the dis-
erimination introduced into this season's Order in Council withholding
the export rebate from cargoes coming from any port on the United
States shore of Lake Ontario.
Respectfully submitted.

Mr. Foster to Mr. Herbert.

Washington, June 30, 1892.


SIR: I have the honor to acknowledge the receipt of your note of the 24th instant, in regard to the discriminating tolls in the Welland and St. Lawrence canals, and to say that the subject is receiving the Department's consideration.

I have, etc.,

Mr. Foster to Mr. Herbert.


Washington, July 2, 1892.

Mr. Herbert to Mr. Foster.

SIR: Referring to your note of the 21th ultimo, relative to the complaint of this Government as to the discrimination on the part of the Canadian Government against American citizens in the use of the Welland Canal, and to the Department's reply thereto, of the 30th ultimo, I have the honor to inform you that the papers relating to the subject have been laid before the President, and have been communicated by him to Congress for its consideration.

I have, etc.,



Washington, July 1, 1892.

SIR: In the year 1884 the governments of the United States of America, France, Italy, Germany, Austria, Hungary, Russia, and subsequently Hawaii, were invited by Her Majesty's Government to join in concluding an international agreement with a view to prevent the sup ply of arms, ammunition, intoxicating liquors, and explosive substances to the natives of the Pacific islands.

A general assent was given to the proposal, but in some quarters a desire was expressed for more complete information as to the scope and form of the proposed agreement.

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The trade in question is already prohibited to British subjects throughout the western Pacific, and is strictly regulated in the German Possessions in that region.

It has been prohibited under severe penalties in the French colony of New Caledonia, and is strictly regulated in the Navigator's Islands by the provisions of the final act of the Samoan Conference, to which Great Britain, Germany, and the United States are parties.

Nevertheless, Her Majesty's Government continue to receive frequent representations as to the prevalence of this demoralizing traffic; and it is evident that some more general action is required to put a stop to it entirely.

Encouraged by the favorable reception given to their former proposal, Her Majesty's Government have now prepared for the consideration of the Powers interested the draft of an International Declaration prohibiting the supply of the aforesaid articles to natives of the Pacific islands, and providing suitable penalties for any infringement of its provisions.

In accordance with instructions which I have received from the Marquis of Salisbury, I have the honor to inclose five copies of this Declaration, and at the same time to state that Her Majesty's Government hope that it will be given a favorable consideration by the United States Government.

I have, etc.,


Draft international declaration for the protection of natives in the islands of the Pacific Ocean.

A declaration respecting arms, ammunition, explosive substances, and intoxicating liquor, and prohibiting the supply of these articles to natives of the Pacific islands. 1. In this declaration the following words and expressions shall, have the meanings here assigned to them, that is to say:

Subject of the contracting powers" includes a citizen of the French Republic or of the Republic of the United States of America.

"Pacific islands" means and includes any islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude and the onehundred and twentieth meridian of longitude west and the one hundred and twentieth meridian of longitude east of Greenwich and not being in the possession or under the protection of any civilized power.

"Native" means any person who is or appears to be a native, not of European or American descent, of some island or place within the limits of this declaration. "Arms" means every kind of firearin and any part or parts of firearms. "Ammunition" means every kind of ammunition for firearms and any material for the preparation thereof.

"Explosive substances" means gunpowder, nitroglycerin, dynamite, gun cotton, blasting powder, and every other substance used or manufactured with a view to produce a practical effect by explosion.

"Intoxicating liquor" includes all spirituous compounds and all fermented liquors. and any mixture part whereof is spirituous or which contains fermented liquors, and any mixture or preparation containing any drug capable of producing intoxication. "Offense" means offense against this declaration.

2. Any subject of the contracting powers who shall give, sell, or otherwise supply, or shall aid or abet the giving, selling, or otherwise supplying to any native any arms, ammunition, explosive substance, or intoxicating liquor [Qy. except under special license from one of the contracting powers] shall be guilty of an offense against this declaration.

3. An offense against this declaration shall be punishable with imprisonment not exceeding three months, with or without hard labor, or a fine not exceeding £10,

or both.

In addition to such punishment all articles of a similar nature to those in respect of which an offense has been committed found in the possession of the offender, may

be declared forfeited to the contracting power to whose nation the offender belongs. 4. A person charged with an offense may be apprehended by any commissioned officer of a ship of war of any of the contracting powers, and may be brought for trial before any of the persons hereinafter mentioned.

5. Every person so charged, if difficulty or delay is likely to arise in delivering him over for trial by the authorities of his own country in the Pacific islands, may be tried summarily, either before a magistrate or other judicial officer of any of the contracting powers having jurisdiction to try crimes or offenses in a summary manner, or before the commander of a ship of war of any of the contracting powers.

Any such commander may, if he think fit, associate with himself as assessors any one or more fit persons, being commissioned officers of a ship of war of one of the contracting powers, or other reputable persons, not being natives, who are subjects or citizens of one of the contracting powers, and, either with or without assessors, may hear and determine the case, and if satisfied of the guilt of the person charged, may sentence him to the punishment herein before prescribed.

6. Sentences of imprisonment shall be carried into effect in a Government prison in Fiji or New Caledonia, or in any other place in the Pacific Ocean or in America or Australasia in which a government prison is maintained by one of the contracting powers.

7. All fines, forfeitures, and pecuniary penalties received in respect of this declaration shall be paid over by the person receiving the same to [Qy. H. B. M. high commissioner for the western Pacific] for the benefit of the contracting power from whose subject or citizen the same was received.

8. Each contracting power shall defray the cost of the imprisonment of any of its subjects or citizens, which cost shall be calculated upon the actual cost of maintaining the prisoner with an addition of [twenty] per cent as a contribution to the salaries and other expenses of the prison. A certificate under the hand of the governor of the colony, or other chief authority of the place where the prison is situated, shall be conclusive as to the amount to be paid.

An offender shall not be taken to any British colony in Australasia for imprisonment unless the government thereof shall have consented to receive such offenders.

9. It shall not be an offense against this declaration to supply without recompense or remuneration intoxicating liquor to any native upon any urgent necessity and solely for medicinal purposes, but if the person giving such liquor shall be charged with an offense against this declaration it shall rest upon the accused to prove that such urgent necessity existed, and that the liquor was given for medicinal puposes. 10. This declaration shall cease to apply to any of the Pacific islands which may hereafter become part of the dominions or come under the protection of any civilized power; nor shall it apply to the Navigator's or Friendly islands, in both of which groups a government exists which has been recognized as such by more than one of the contracting powers in the negotiation of formal treaties; nor shall it be held to affect any powers conferred upon its own officers by any instrument issued by any of the contracting powers.

11. The contracting powers will severally take measures to procure such legislation as may be necessary to give full effect to this declaration.

12. The present declaration shall be put into force three months after the deposit of the ratifications, and shall remain in force for an indefinite period until the termination of a year from the day upon which it may have been denounced. Such denunciation shall only be effective as regards the country making it, the declaration remaining in full force and effect as regards the other contracting parties.

13. The present declaration shall be ratified, and the ratifications deposited at London as soon as possible.

In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Mr. Herbert to Mr. Fosier.


Washington, July 5, 1892.

SIR: At the conference which was held in Washington in the month of February last between the Canadian delegates and Mr. Blaine and yourself, it was agreed, as you are aware, that the question of reciprocity in wrecking and towing in the waters conterminous to Canada and the United States should be dealt with by legislation on the part of the

FR 92-19

Dominion and by instructions from the Treasury Department of the United States to give the act of Congress on this subject such a liberal construction as to include permission for all towing necessary and incidental to wrecking and salvage and the relaxation of customs laws necessary to make the reciprocal arrangement effective.

In accordance with this agreement, an act has been passed by the Parliament of Canada during its present session, and I have now the honor to inclose a certified copy of it for the information of your Government.

I have, etc.,

By his excellency the right honorable Sir Frederick Arthur Stanley, Baron Stanley of Preston, in the county of Lancaster in the peerage of the United Kingdom, Knight Grand Cross of the most honorable Order of the Bath, Governor-General of Canada.



To all to whom these presents shall come, Greeting:

These are to certify that Edouard Joseph Langevin, esquire, whose name is subscribed to the annexed document, is the clerk of the parliaments of the Dominion of Canada, and that full faith and credence are due, and ought to be given, to such signature and act in all places.

Given under my hand and office seal at Ottawa, this eighteenth day of June, in the year of our Lord one thousand, eight hundred and ninety-two, and of Her Majesty's reign, the fifty-fifth.

By command.

Under Secretary of State.



I, Edouard Joseph Langévin, clerk of the Parliaments, custodian of the original acts of the legislatures of the late Provinces of Upper and Lower Canada, of the late Province of Canada, and of the Parliament of Canada, certify the subjoined to be a true copy of the original act passed by the Parliament of Canada in the session thereof, held in the fifty-fifth year of Her Majesty's reign, and assented to in Her Majesty's name by the deputy of the Governor-General, on the tenth day of May, one thousand eight hundred and ninety-two, remaining of record in my office. Given under my hand and seal at the city of Ottawa, Canada, on the eighteenth day of June, one thousand eight hundred and ninety-two.


Clerk of the Parliaments.

AN ACT respecting aid by United States wreckers in Canadian waters. Assented to Tuesday, 10th May, 1892.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. United States vessels and wrecking appliances may salve any property wrecked, and may render aid and assistance to any vessels wrecked, disabled, or in distress, in the waters of Canada contiguous to the United States.

2. Aid and assistance include all necessary towing incident thereto.

3. Nothing in the customs or coasting laws of Canada shall restrict the salving operations of such vessels or wrecking appliances.

4. This act shall come into force from and after a date to be named in a proclamation by the Governor-General, which proclamation may be issued when the Governor in council is advised that the privilege of salving any property wrecked and of aiding any vessels wrecked, disabled, or in distress, in United States waters contigu

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