ons to Canada, will be extended to Canadian vessels and wrecking appliances to the extent to which such privilege is granted by this act to United States vessels and wrecking appliances. 5. This act shall cease to be in force from and after a date to be named in a proclamation to be issued by the Governor-General to the effect that the said reciprocal privilege has been withdrawn, revoked or rendered inoperative with respect to Canadian vessels or wrecking appliances in United States water contiguous to Canada. Mr. Adee to Mr. Herbert. DEPARTMENT OF STATE, DEAR Mr. HIERBERT: Your official note of yesterday has been received relative to reciprocal wrecking and salvage privileges in the waters conterminous to the United States and the Dominion of Canada. The act of Congress of May 24, 1890 (a copy of which I send you) provides that it "shall be construed to apply to the Welland Canal, the canal and improvements of the waters between Lake Erie and Lake Huron and to the waters of the St. Mary's river and canal." Will you kindly inform me whether the Government of the Dominion construes its act of May 10, 1892, to cover the canals and waters in question so far as they lie within its territory? If it does I see no reason why the necessary proclamations can not be issued at an early date. It would seem to be desirable to provide that the President's proclamation and that of the Governor-General of Canada should be issued simultaneously. The President is to be away for a few days, but I think it would be possible to issue our proclamation sometime the latter part of next week. Very sincerely, yours, ALVEY A. ADEE. [PUBLIC-No. 131.] AN ACT to amend an act entitled "An act to aid vessels wrecked or disabled in the waters contermous to the United States and the Dominion of Canada," approved June nineteenth, eighteen hundred and seventy-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act entitled "An act to aid vessels wrecked or disabled in the waters conterminous to the United States and the Dominion of Canada," approved June nineteenth, eighteen hundred and seventy-eight, be, and the same is hereby, amended so that the same will read as follows: "That Canadian vessels and wrecking appurtenance may render aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to the Dominion of Canada: Provided, That this ac: shall not take effect until proclamation by the President of the United States that the privilege of aiding American or other vessels and property wrecked, disabled, or in distress in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada to American vessels and wrecking appliances of all descriptions. This act shall be construed to apply to the Welland Canal, the canal and improvement of the waters between Lake Erie and Lake Huron, and to the waters of the St. Mary's River and canal: And provided further, That this act shall cease to be in force, from and after the date of the proclamation of the President of the United States to the effect that said reciprocal privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada." Approved, May 24, 1890. Mr. Foster to Mr. Herbert. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 5th instant, relative to common wrecking and salvage privileges in the waters conterminous to the United States and the Dominion of Canada. You inclose a certified copy of an act of the Parliament of Canada, assented to May 10, 1892, which is intended to be reciprocal to the act of Congress of May 24, 1890. The latter act, a copy of which is here. with inclosed, provides that it "shall be construed to apply to the Welland Canal, the canal and improvements of the waters between Lake Erie and Lake Huron, and the waters of St. Mary's River and canal." It is presumed that the Canadian act would be construed to have an equal application in so far as the canals and waters in question lie within the Dominion of Canada. I trust you will be able to give me assurance that the Canadian act will be so construed. The language of the act of Congress would prevent the issuance of a proclamation by the President before the Governor-General of Canada issues his proclamation, and I would suggest that the two might be issued simultaneously at such early date as may be agreed upon. When the President's proclamation is issued putting the act of Congress into effect the Secretary of the Treasury will issue instructions that "the aid and assistance provided for in said act includes all necessary towing incident to said aid and assistance, and nothing in the coasting and custom laws restricts the salvage operations of such vessels and their appliances." This is the language of the memorandum which was submitted to the Canadian Commissioners at the conference of February 15, 1892, and is substantially the language of the second and third paragraphs of the Canadian act. I have, etc., JOHN W. FOSTER. Mr. Herbert to Mr. Foster. BRITISH LEGATION, Newport, July 16, 1892. (Received July 18.) DEAR Mr. FOSTER: I have received a communication from Sir John Abbott, the prime minister of Canada, in which he informs me that he has learned with surprise and regret, on examination of Mr. Adee's memorandum on the subject of the Welland Canal tolls, which accompanied the President's message to Congress of the 1st instant, that an error occurred in the order in council which was issued in April last in regard to the said tolls. It was not the intention of the Canadian Government to continue to shippers from Lake Ontario the privilege which was accorded them during the season of 1891 of availing themselves of the rebate on passing through the St. Lawrence canals to Montreal. But if it had been decided to do so United States citizens on the south side of Lake Ontario would have been allowed the same privilege. Sir John Abbott states that when the draft order in council was being considered, a lengthy discussion took place as to other points con tained in it, which diverted attention from the provision as to Lake Ontario shipments, and when that discussion closed, the order in council was passed without noticing that the provision of the order in council of 1891 was continued. When the Canadian government learned from Mr. Adee's memorandum of the error which had been committed, it was immediately decided to cancel that portion of the order which restricted to Canadian subjects the privilege of obtaining a rebate on the St. Lawrence canals on shipments from Lake Ontario, and to extend that privilege to United States citizens shipping freight from the United States side of the lake. As the simplest mode of dealing with the matter, a new order in council was framed on the 12th instant, copy of which I inclose for your information, amending the order in council of the 4th of April last, and making the amendments operative from that date. Sir John Abbott points out at the same time that Mr. Adee is in error in stating that the clause as to shipments from Canadian Lake Ontario ports appears for the first time in the order in council of last April, as in reality it was contained in the order of April 29, 1891, of which I also inclose a copy. In bringing this matter to your notice I am requested to convey to you the regrets of the Canadian government for the mistake which has so unfortunately been committed. Believe me, etc. [Inclosure No. 1.] MICHAEL H. HERBERT. Order in council. AT THE GOVERNMENT House AT OTTAWA, Present, his excellency the Governor-General, in council. His excellency, under the authority conferred upon him by chapter 37 of the Revised Statutes entitled "An act respecting the department of railways and canals," and by and with the advice of the Queen's privy council for Canada, is pleased to order that the provisions of the order in council of the 25th day of March, 1891, authorizing the reduction of toll to 2 cents per ton for the passage through the Welland and St. Lawrence canals of certain agricultural products therein named, shall be, and be understood to apply to any portions of such cargoes lightered at Port Colburne and reshipped at Port Dalhousie, and also that the provisions of the said order be made applicable to the therein-named products when shipped from Canadian Lake Ontario ports. JOHN J. MCGEE, Clerk of the Privy Council. [Inclosure No. 2.] Amended order in council. AT THE GOVERNMENT HOUSE AT OTTAWA. Present, his excellency the Governor-General, in council. Whereas, by a clause of the order in council of the 4th of April, 1892, respecting the rebate to be allowed on certain food products traversing the Welland and St. Lawrence canals bound for Montreal or some port east of Montreal for exportation, it was provided that the right to such rebate should extend to shipments of the said products made "from any Canadian Lake Ontario port," this provision being taken from the order in council of the 29th April, 1891. And whereas it was not intended that the restriction in favor of Canadian Lake Ontario ports should be continued; His Excellency, under the provisions of chapter 37 of the Revised Statutes enti tled "An act respecting the department of railways and canals," and by and with the advice of the Queen's privy council for Canada, is pleased to order that the said order in council of the 4th April, 1892, shall be, and the same is hereby, amended by the omission of the word "Canadian" from the clause in question; and that such amendment shall have force and effect from the 4th day of April last. JOHN J. MCGEE, Clerk of the Privy Council. Mr. Foster to Mr. Herbert. DEPARTMENT OF STATE, DEAR MR. HERBERT: I had the pleasure to receive, this morning, your personal note of the 16th instant, announcing the revocation of the Canadian order excluding from the benefit of rebate tolls in the St. Lawrence canals cargoes originating in our Ontarian ports and destined for export from Montreal or a port further eastward. It shall be submitted to the President, with whom and with Congress the present consideration of the subject rests. Your correction regarding the date of the regulation in question is entirely acceptable, but I do not see that the point is material. Whether originating in 1891 or revived in 1892, the discrimination is gratuitous and not applicable to any observed movement of trade in the channels it professed to discourage. Having been of no practical effect, its removal is likewise, of course, of no practical benefit. Very truly yours, JOHN W. FOSTER. Mr. Herbert to Mr. Foster. BRITISH LEGATION, Newport, R. I., July 23, 1892. SIR: I have the honor to inform you that I duly forwarded to the Governor-General of Canada copy of your note of the 9th instant in regard to common wreckage and salvage privileges in the waters conterminous to the Dominion of Canada and the United States, and at the same time calling his excellency's attention to your request for information as to the application of the Canadian wrecking act to the waters specially mentioned by the act of Congress of May 24, 1890, namely: The Welland Canal, the canal and improvement of the waters between Lake Erie and Lake Huron, and the waters of St. Mary's River and Canal. I have received a telegram from his excellency in reply, in which he states that vessels or goods salved by United States vessels in Canadian waters may be taken through the canals mentioned above in the same way as ordinary vessels or merchandise, but the Canadian wrecking act does not authorize salvage operations by the United States vessels in these canals, as they are not waters contiguous to the United States but are bounded on both sides by Canadian territory. I have, etc., MICHAEL H. HERBERT. Mr. Herbert to Mr. Foster. BRITISH LEGATION, Newport, July 23, 1892. DEAR MR. FOSTER: I very much regret the delay in my reply as to the construction of the Canadian wrecking act, which I send you to-day. I trust, in view of the fact that no wrecks are probable in the canals themselves, that Lord Stanley's telegram, which is embodied in my note, will be found satisfactory. Yours, very truly, MICHAEL H. HERBERT. Memorandum. At an interview held at the Department of State on Monday, August 1, the Secretary of State informed Mr. Herbert, chargé of the British Legation, that, in view of the passage of the act of Congress relating to the Canadian canal tolls, the President would regard it as his duty to issue, without delay, a proclamation based upon that act, imposing tolls upon products passing through the Sault Ste. Marie Canal destined for Canadian ports, unless an assurance could be received from the Canadian Government, within a few days, that the discriminations now enforced in the Canadian canals against American ports and lines of transportation would be promptly discontinued. Mr. Herbert answered that a few days' delay would be necessary in order to reassemble the Canadian Cabinet, the majority of whom are now absent from the capital, and he inquired of the Secretary what time would be considered reasonable for this purpose. The Secretary replied that he thought the cabinet might be couveniently called together and take action within a week or ten days, and that nothing would be done by the President in the matter within that time. Mr. Herbert said he would communicate immediately with the Governor-General of Canada, by telegraph, and urge prompt action. Mr. Foster to Mr. Herbert. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 23d ultimo, in which, replying to my inquiry of the 9th of July, you inform me of the receipt of a telegram from the Governor-General of Canada stating that the Canadian wrecking act, assented to May 10 last, does not authorize salvage operations by the United States vessels in the Welland Canal. The act of Congress approved May 24, 1890, extends wrecking and salvage privileges to Canadian vessels "in the waters of the United States contiguous to the Dominion of Canada," provided like privi leges are extended to American vessels "in Canadian waters contiguous to the United States." The canals connected with the navigation |