Papers Relating to the Foreign Relations of the United States

XLIX

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

No.

1801.

Sir Julian Pauncefote to Nov. 25 Immigration act of 1891: Transmits a complaint
Mr. Blaine.

Mr. Wharton to Sir Julian
Pauncefote.

Nov. 28

from Boston as to hardship imposed by its in-
terpretation there, and asks that passengers
who are not allowed to land be taken in charge
by the port authorities until the ship is ready
to proceed on her return voyage.
Chinese crew of a British vessel: The matter
has been referred to the Treasury Department.

Mr. Blaine to Sir Julian Nov. 30 Immigration act of 1891: The matter of the note
Pauncefote.

Same to same.

from the legation, of November 25, has been re-
ferred to the Treasury Department.

Dec. 19 Copyright: Refusal of, in Canada, to United
States citizens. Calls attention to the fact that,
despite the assurances on which the President's
proclamation was founded, the government of
Canada declines to grant to United States
citizens the privileges accorded to British sub-
jects under the international copyright act.
Documents inclosed.

Sir Julian Pauncefote to
Mr. Blaine.

Dec. 22

Same to same...

1892. Jan.

Mr. Blaine to Sir Julian
Pauncefote.

Jan.

Sir Julian Pauncefote to

Jan.

Mr. Blaine.

Same subject: The above note has been for-
warded to the Marquis of Salisbury and to the
governor-general of Canada.

Immigration (assisted) of John Gibbons and his
family who have been ordered to be returned:
Explains that Gibbons is an army pensioner
and can not be considered as a pauper, and asks
that the order be suspended.

Same subject: Orders have been issued to detain
Gibbons for further investigation.
Same subject: Furnishes particulars as to the
circumstances of Gibbons and the mode of com-
muting pension under which he was advanced
the amount of his passage.

Death of the Duke of Clarence and Avondale
announced.

Same subject: Expressions of sympathy

Immigration assisted of John Gibbons: Wishes
to be informed of the decision reached in the case.
Same subject: The order to have Gibbons and
his family returned to Great Britain has been
rescinded by the Treasury Department, which,
however, desires it to be understood that its
action shall not be taken as establishing a prece
dent in similar cases for the future.
Same subject: Thanks expressed for the above
decision.
Iminigration act of 1891: Recalls the matter pre-
sented in his note of November 25.
Immigration, assisted. of John Gibbons: Incloses
statement from the War Office as to require-
ments to be met by commuted army pensioners
before they are allowed to emigrate.
Tolls on Canadian Canals: Facts and figures fur-
nished by the Lake Carriers' Association relat-
ing to discriminations against United States cit-
izens.

Same subject: The above note has been trans-
mitted to the governor-general of Canada.
Immigration act of 1891: The Treasury Depart-
ment is having under consideration the subject
matter of the legation's note of November 25,
and submits a report of the United States immi-
gration Commissioner at Boston.

May 2 Immigration, assisted: With reference to the le-
gation's note of March 8, the Treasury Depart-
ment states that no discrimination will be made
against comminted pensioners as such, but that
the law will be applied to them when they come
within the purview of the act.

May 23

Sir Julian Pauncefote to Mr. June 1
Blaine.

Wrecking privileges in conterminous waters: Re-
quests a copy of the act said to have been passed
by the Canadian Parliament.

Tolls on Canadian Canals: Announces the depar
ture of Messrs. Bowell and Foster for Wash-
ington, with a view to discuss the question of
alleged discriminations against United States
citizens.

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266

267

268

269

271

272

273

274

276

277

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

Same subject: The reply of the Canadian Government has been received by the legation and will be communicated upon receipt of instructions from the minister of foreign affairs. It proposes the abolition of the rebates on condition that the free and equal use of the Sault Ste. Marie Canal will be maintained and article 30 of the treaty of Washington restored. Same subject: The Canadian Government disputes the facts and figures advanced by the Lake Carriers' Association, and denies any discrimination in violation of treaty as alleged, and formally makes the proposition as indicated in the above memorandum. Same subject: Refutation of the Canadian Government's reply, inwhich the various discrimi nations complained of are pointed out, and discussion of the treaty of Washington as relating to the proposed compromise.

Same subject: Acknowledges note of June 24. Same subject: The papers relating to the subject have been submitted to Congress by the Presi

dent.

Mr. Herbert to Mr. Foster.. July 4 Liquor and arms trade in the Pacific islands:

Submits the draft of an international agreement prohibiting the same. Wrecking privileges in conterminous waters: Incloses the act passed by the Canadian Parliament extending certain rights to United States wreckers in Canadian waters. Same subject: Incloses the act of Congress on the same subject, and asks whether the Canadian act includes the canals and waters therein mentioned so far as they lie in Canadian territory. Same subject: Repeats the request presented above, and suggests that the proclamations of the President and of the governer-general of Canada be issued simultaneously at an early date. Tolls on Canadian canals: Incloses amended order in council by which the word Canadian in the clause extending rebates to shipments from Lake Ontario ports is stricken out, explains that it was originally inserted by error; incloses also the order of April, 1891, showing that the clause in question did not appear for the first time in the order of 1892, as stated in the memorandum.

Same subject: The above note will be submitted to the President. Wrecking privileges in con terminous waters: The Canadian Government holds that vessels and goods salved by American vessels may be taken through the Canadian canals, but that salvage operations by such vessels can not be authorized in those canals which are not waters contiguous to the United States. Same subject: As wrecks in the above-mentioned canals are not likely to occur, it is hoped that the views of the Canadian Government will be found satisfactory.

Tolls on Canadian canal: The proclamation of the President establishing tolls on the Sault Ste. Marie Canal should be issued without delay unless assurance is received that the discriminations will be promptly discontinued. The British chargé requests and is granted a delay of ten days. Wrecking privileges in conterminous waters: Contends that canals, whilst they may be wholly within the territory of either country, are but parts of the system of contiguous waterways, and declares that the act of Congress can be consummated by the President's proclamation only upon the assurance that the privilege shall apply to such canals.

Same subject: A decision in the matter is necessarily delayed by the absence of members of the Canadian cabinet.

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237

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269

291

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294

295

296

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

Mr. Herbert to Mr. Foster.. Aug. 10
Same to same (telegram).... Aug. 16

Mr. Foster to Mr. Herbert. Aug. 10

Chinese immigration via the Canadian Pacific
Railroad: Requests an investigation of reports
that the company is under contract for the
transportation of Chinese to the United States,
and refers to the failure of the Canadian Gov-
ernment to respond to overtures for a treaty
providing for the prevention of Chinese immi-
gration from the Dominion of Canada.
Same subject: The above communication has
been transmitted to the governor-general of
Canada.

Tolls on Canadian canals: Announces that re-
bates will be abolished at the end of the pres-
ent season, immediate change being impossi-
ble owing to contracts.

297

208

298

Mr. Herbert to Mr. Foster (telegram).

Same to samme.

Aug. 18
Aug. 18

Same subject: He has telegraphed to inquire
when communication may be expected.
Same subject: Asks when and where he may
call on the Secretary of State in the event of
the communication reaching him on the follow-
ing day.

298

299

Mr. Foster to Mr. Herbert
(tele n..
Same to same (telegram)....

Aug. 19
Aug. 19

Same subject: Asks if he can call at the Depart-
ment early on the following day.
Same subject: Mr. Herbert may call at any time
in the morning.

299

Same subject: If, as reported, the discriminations
are to continue until the end of the season, the
President will establish tolls, to run concurrently.
Same subject: Asks if he can see the Secretary on
to-morrow or next day, he being unavoidably
delayed in New York.

Same subject: The Canadian Government unable
to discontinue rebates until the end of the sea-
son; will do so then, but would not consider the
promise binding if tolls are established on the
Sault Ste. Marie Canal in the meanwhile.
Same subject: Communication will be made on
the 22d instant.

Same subject: The proclamation of the President
issued on the 20th establishing tolls on the Sault
Ste. Marie Canal was delayed for one week after
knowledge was had of the intention to continue
the discriminations until the end of the season;
this was done in a conciliatory spirit, notwith-
standing the mandatory character of the unan-
imous resolution of Congress; the tolls apply to
that canal alone, and will be removed simulta-
neously with the discontinuance of the discrim
inations. Adverts to numerous fruitless rep-
resentations in the past, to the vagueness of the
declared present intention of the Canadian Gov-
ernment, and to the contrast between the action
of the United States Government and that of
Canada in meeting friendly requirements.

Mr. Herbert to Mr. Adee... Aug. 26 Wrecking privileges: American tugs can tow

300

301

304

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON—Continued.

Mr. Herbert to Mr. Foster.. Sept. 29

Same to same.

Oct. 2

Mr. Foster to Mr. Herbert.. Oct.

Same to same.

Oct. 4

Same to same..

Oct.

Mr. Foster to Mr. Herbert..

Sir Julian Pauncefote to Nov. 15
Mr. Foster.

Chinese immigration via the Canadian Pacific
Railroad: The Canadian government abso-
lutely denies the allegations presented in the
Department's note of August 10, and while dis-
posed to the utmost friendliness can not charge
itself with enforcing measures adopted by a
foreign government.

Same subject: The vice-president of the Canadian
Pacific Railway Company emphatically denies
the allegations brought against the company,
furnishing particulars and statistics.
Same subject: The denial of the Canadian Pacific
Railway Company is gratifying and was antici-
pated by further information received on the
subject; exception is taken to the language of
the minutes of the privy council; the inaction
of the Canadian government in regard to the pro-
posed treaty forbidding the immigration of
Chinese over the border is regretted; it afforded
a basis for the complaint of indifference on the
part of Canada; contrast between the attitude
of the two governments.

Fisheries in contiguous waters: Submits a prop-
osition to reach an agreement by exchange of
notes with a view to their protection.

Chinese immigration via the Canadian Pacific
Railroad: Acknowledgment of the legation's
note of October 2.

Oct. 11 Liquor and arms traffic in the Pacific Islands:
The United States Government acquiesces in
the general principle of protecting the natives
against the evil results of the trade; states the
attitude of the United States in the question,
presents certain objections to some of the pro-
visions presented, and remarking that the mat-
ter is subject to the action of Congress, wishes
to be informed of the views expressed by other
governments.
Chinese immigration from Canada: Deprecates
the imputation of indifference in the considera-
tion of the treaty proposed by the the United
States; the question is beset with great difficul-
ties and will again be pressed on the attention
of the Canadian government.
Same subject: The assurances contained in the
above note are received with pleasure, but the
imputation was justified by the failure of the
Canadian government for two years to respond
to the proposals for an agreement.
Fisheries in contiguous waters: The proposals
for their protection presented in the Depart-
ment's note of October 4 are acceptable to the
Canadian government.

Mr. Foster to Sir Julian Dec.
Pauncefote.

Sir Julian Pauncefote to
Mr. Foster.

Dec. 5

Mr. Foster to Sir Julian Dec. 6
Pauncefote.

Sir Julian Pauncefoto to
Mr. Foster.

Dec. 10

Same to same

Mr. Foster to Sir Julian Dec. 28
Pauncefote.

Same subject: Acknowledges the above as com-
pleting the proposed agreement on the strength
of which Mr. Rathbun has been appointed rep-
resentative of the United States for the pur-
poses of the stipulated joint investigation.
Tolls on Canadian canals: Incloses minutes of the
privy council embodying a memorandum of the
department of railway and canals in which the
points made in the Department's note of An-
gust 24 are severally and specifically disputed,
and the hope expressed that the proposal of
Canada may still be accepted.

Dec. 14 Wrecking privileges in conterminous waters:
Regulations proposed by the Canadian gov-
ernment concerning their use by United States
wrecking vessels in the Welland Canal.
Same subject: Objections are presented to cer-
tain restrictions involved by the proposed reg-
ulations; submits as the simplest and most ac-
ceptable solution that the Canadian wrecking
act be extended to the Welland Canal.
Tolls on Canadian canals: Refutation of the
points advanced by the Canadian government
in the legation's note of December 10, as to the
President's proclamation being issued after re-
ceipt of its proposition, as to Canadian vessels
being refused the use of canals in the State of
New York, and as to the results reached in the

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335

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

44 Mr. Stevens to Mr. Blaine... Jan. 25 Chinese employed on American vessels: The fee

38 Mr. Blaine to Mr. Stevens... Feb. 25

or fine of $25 collected in each case has been abandoned on the representations of the legation; but the question of the right of the master to discharge such Chinese without giving the bond required by the law of Hawaii is opened to doubt.

Same subject: Expresses the opinion that no ob jection can be made to the regulation preventing the discharge of Chinese seamen in Hawaii, basing it on the prevalent practice in the United States.

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CORRESPONDENCE WITH THE LEGATION OF THE HAWAIIAN ISLANDS AT WASHI

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