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33 WEST MAIN STRUT

WEBSTER, N.Y. MS80

(716)873-4903

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32X

r/j<?. 12 J

60th Co
Jst /Session

lONGRESS, )
iession. )

(

SENATE.

.. ^

j Ex. Doc.
I N0.2G5.

[li- ^re.i^cljLu>^ r^S-r^^^ ( CU-uelouJ.'^

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

IN IlESPONSE TO

Senate resolution of August 28, ISSS, relative to action touching outrages
and icrongs committed by Canada upon citizens of the United States.

SErrKJiBEU 1"2, 1888. — Read and referred to the Conimittco on Forcijtn llolatioiis and
ordered to be printed, omitting papers already in print.

To the Senate:

llesponding to the inquiries containecl in the subjoined resolution of
the Senate of the 28th ultimo, I have the Ijonor to state in reply to the
subject first therein ineutionetl, calling upon the Executive for—

"copies of all cominunications, if arty, addressed by his direction to the Government
of Great Britain, remonstrating with that Government against the wrongs and unfair
treatmout to ortr citizons by the action of the Canadian Government in refnuding to
vessels and cargoes which pass through the Welland and other Canadian canals
nearly the entire tolls if they are destined to Canadian ports, while those bound for
American ports are not allowed any such advantage ; and the breach of the engage-
ment contained in the treaty of 1871, wlieroliy Great Britain promised to the United
States equality in the matter of such canal transportation; also copies of any de-
mand made by his direction upon Great Britain for the redress of such wrongs, aiul
the replies of Great Britain to such couununication and demand,"

that I herewith transmit copies of all communications between the
Dei)artment of State and the United States coisul at Ottawa, which
are accompanied by copies of the orders of the Canadian ofticials in
relation to the subject inquired of.

Also corres))ondenco between the Department of State and the Brit-
ish minister at this capital, Mith copies of the documents therein re-
ferred to.

I also enclose, as connected therewith, a copy of Executive Docu-
ment (No. U)l), II. R., noth Congress, 1st session) containing the answer
of the Acting Secretary of the Treasury, dated July 23, 1888, in reply
to a resolution of the House of llepresentatives relating to the naviga-
tion of the Welland Canal, and the documents thus transmitted comprise
the entire corre>*pondence in relation to the subjects referred to in that
portion of the resolution of inquiry which is above quoted.

■ •'■'■■'■ I!

' < He
' '' * 'n

'in

RELATIONS WITH CANADA.

The second branch of inquiry is in the words following:

"And also that there be comniiiiiicated to the Senate copies of all papers, corre-
spondence, and information touching the matter of the refusal of the British Gov-
ernment, or that of any of her North American dominions, to allow the entry at
dominion oea-ports of American fish, or other cargoes, for transportation in bond to
the United States since the Ist day of July, 1885."

It will be remembered that though the fishing articles of the treatj-
of 1871 expired on the said first day of July, 1885, a temporary arrange-
ment was made wliereby the privileges accorded to our fishermen un-
der said articles were continued during the remainder of that year's
fishing season.

No instance of refusal by the Canadian authorities since July Isl,
1885, up to the present time, to allow the entry at Dominion sea-ports
of American cargoes other than fish for transportation in bond across
the territory of Canada to the United States has been made known to
the Department of State.

The case of the fishing steamer Kovelty, involving, among other
things, a refusal, on July 1, 1886, of the right to permit the transship-
ment of fish in bond at tke port of Pictou, Nova Scotia, was duly com-
municated to Congress in my message of December 8, 188(J, a copy of
which I herewith transmit. (Ex. Doc. No.l9,49th Cong., 2d session, i). 1.)

On page 10 of this document will be found a copy of a communica-
tion addressed by the Secretary of State to the British minister, dated
June 14, 1886, on the subject of the refusal of transshipment of fish
in bond. At page 24 of the same publication will be found the protest
of the Secretary of State in the case of the Novelty^ and at pages 49-60
are the response of the British minister and report ot the Canadian
Privy Council.

On the 26th of January, 1887, a revised list of cases of alleged ill-
treatment of our fishing vessels in Canadian waters was furnished by
the Secretary of State to the Committee on Foreign Relations of the
Senate, in which the above case is included, a copy of which, being
Senate Executive Document No. 55, of the 2d session, 49th Congress, is
herewith inclosed ; and in the report by Mr. Edmunds, from the Commit-
tee on Foreign Relations (No. 1683 of the same session), the case re-
ferred to was again published. And, as relating to the subject of the
resolution now before me, the following pertinent passage, taken from
the said report, may be of interest :

"As regards commercial and other friendly business intercourse between ports and
places in the Dominion and the United States, it is, of course, of much importance
that regulations affecting the same should be mutually reasonable and fairly admin-
istered. If an American vessel should happen to have caugli't a cargo of fish at sea
a hundred miles distant from some Canadian port, from which there is railway com-
munication to the United States, and should be denied the privilege of landing au(^
shipping its cargo therefrom to the United States, as the Canadians do, it would bu of
course a serious disadvantage, and there is, it is thought, nothing in tlie treaty of
1818 which would warrant such an exclusion. But the Dominion laws may make
such a distiuotloQ, and it is understood that in fact the privilege of so shipping iVSh
from American vessels has been refused during the last year."

fpers, corre-

Jritish Gov-

|kbe eDtry at

in bond to

■the treaty
arrange-
irrnen un-
•at year's

July ls(,

sea-ports

[ud across

knowu to

)ng other
;raiis8hip-
JuJy com-
a copy of
pion, p. 1.)
pnmuuica-
ter, dated
nt of fish
16 protest
ges 49-50
Oanadiau

leged ill-
lislied by
ns of the
ch, being
ugress, is
(>oraiuit-
case re-
ct of the
ieii from

ports and
iiportanco
ly admin-
HhIi a( sea
way coni-
uliu^; au(^
>nld bo of
treaty of
lay make
i»iug fiuh

RELATIONS WITH CANADA. 0^

I also respectfully refer to Senate Miscellaneous Document No. 54,
49th Cong., 2d sess., being a communication from the Commissioner of
Fish and Fisheries to the Hoo. George F. Edmunds, chairman of the
Committee on Foreigti lielations, dated February 5, 1887, which is
accompanied by a partial list of vessels injuriously treated by the
Canadian authorities, based upon information furnished to the United
Siiites Commissioner of Fish and Fisheries.

This list is stated to be supplementary to the revised list which had
been transmitted'to the committee b.y the Secretary of State, January
2(1, 1887.

Of the sixty-eight vessels comprised in this list it is stated that six,
to wit, the Nellie M. Snow, Andrew Burnham, Harry G. French, Col, J.
H. French, W. H. Wellington, and Ealph Bodgdon,\sere refused permis-
sion to transship fish. None of these cases, however, were ever reported
to the Department of State by the jmrties interested, or were accom-
panied by affidavit ; nor does it appear the facts ever were in vestigattvl in
any of the cases by the parties making the reports, which were obtained
by circulars issued by '-rder of the Commissioner of Fish and Fisheries.

The concluding inquiry is as follows :

"And also-that lie commnnicate to the Senate what instances have occnrred since
the 3d of March, I8ri7, of wrongs to American fishing vessels, or other American ves-
sels, in the ports or waters of British North America, and what steps, if any, have
been taken in respect thereto."

Soon after the passage of the act of March 3, 1887, the negotiation
which had been proceeding for several months previously progressed
actively ; and the proposed conference and the presence at this capital
of the plenipotentiaries of the two Governments, out of which the since
rejected treaty of February 7, 1888, eventuated, had their natural in-
fluence in repressing causes of complaint in relation to the fisheries.
Therefore, since March 3, 1887, no case has been reported to the De*
partment of State wherein complaint was made of unfriendly or unlaw-
ful treatment of American fishing vessels on the part of the Canadian
authorities in which reparation was not promptly and satisfactorily
obtained by the United States consul-general at Halifax.

A single case of alleged unjust treatment of an American merchant
vessel, not engaged in fishing, has been reported since March 3, 1887.
This was the ship Bridgeicater, which was first brought to the at-
tention of the Department of State by the claimant by petition filed
June 1, 1888.

On June 18, 1888, legal counsel, who appeared and desired to be heard,
filed their formal authority, and the claim was at once duly investigated,
and on June 22, 1888, a communication was addressed by the Secretary
of State to the British minister, which sets forth the history of the
claim, and a copy of which is herewith transmitted ; and of this formal
acknowledgment was made, but no further reply has been received.

Grover Cleveland.

LxEOUTiVE Mansion, September 12, 1888.

RELATIONS WITH CANADA.

In the Senate of the United States,

August 28, 1888.
Eesolved, That the President of tbe United States be requested, if
not in bis judgment incompatible witli the imblic interest, to communi-
cate to the Senate cojnes of all communications, if any, addressed by
his direction to the (iovernment of Great Britain, remonstratin;]^ with
that Government ajrainst the wronjjs and unfair treatment to our citi-
zens by the action of the Canadian Government in refundinjjto vessels
and cargoes which j>ass through the Welland and other Canadian canals
nearly the entire tolls if they are destined to Canadian ports, while
those bound for American ])orts are not allowed any such advantage;
and the breach of the engagement contained in the treaty of 1871,
whereby Great Britain promised to the United States equality in the
matter of such canal transportation ; also coiues of any demand made
by his direction upon Great liritain for the redress of such wrongs, and
the replies of Gieat Britain to such communication and demand.
"And also that there be communicated to the Senate copies of all
apers, corres]>ondence, and information touching the matter of the re-
isal of the British Government, or that of any of her North American
dominions, to allow the entry at dominion seajmrts of American tish,
or other cargoes, for transportation in bond to the ^Jnited States since
the 1st day of July, 1885. And also ihat he communicate to the Sen-
ate what instances have occurred since the 3d of March, 1887, of wrongs
to American tish ing- vessels, or other American vessels, in tl>e ports or
waters of British JS'orth America, and what stei)8, if any, have been
taken iu respect thereto."

In the Senate of the United States,

September 7, 1888.

Resolved, That the attention of the President be respectfully called
to the resolution of the Senate adopted August 28 ultimo, requesting
him to communicate to the Senate copies of all communications ad-
dressed by Lis direction to the Government of Great Britain, remon-
strating against certain unfair treatment of our citizens, and that ho
be requested to furnish such information as soon as possible, in order
that it may be considered in acting upon legislation now pending.

'2.
A.

4.
B.
(i.

H.
i).

lu.

LIST OF mOLOHUHES.

Mr. IIotchki«H to Mr. llivcH, .Tannary 7, iJ-fiS.
Mr. Hntcliki«8 to Mr. Kivt'8, April 'M, 18de.
Mr. Faircliild to Mr. Bayartl, Jiilv 10, 18rfd.
Mr. Uayard to Sir L. West, July 21, 1888.
Sir L. West to Mr. Bayard, Aum'tist 1:5, 1888.
lIoiiHO Ex. Doc. No. 4(.»(i, 1st scsnIou BUth Conjf.
House Ex. Doc. No. 19, 'id sohhIoii 4'J!l! Coiif:;.
.Seiiato Ex. Doc. No. Of), 2d 8C8«ioii 49lh Coiij;-.
Si'iiato Mis. Doc. No. r)4, .<d sesNiou 49tli Cong.
Mr. liiiynrd to Mr. Edwurdes, Jiiuo 22, 1888.

Don. Ge(

A SI

Sir: I

herewith,

canals, al

an "orde

third, a 1

fying the

I am i

comprise

traffic on

I am li

regulatic

last pro^

wbicli 1

And pro

i^ithout. b

fTaiififc

The rntei
clause

Vessels, et
VeaaelSi bi

Passennei
FasseiiKei

Brioks, cc

Clay, lime

Bi'linsloui

Coru —

Flour ...

Iron;

KrtUv

I'lR..

Alio

riasUr, t

Salt ....

Salt men

Agriciilt

nieiat

Agriciilt

ateil.

Stone, fo

Wheat .

1888.
ested, if
)miiiuiii-
'ssed by
"ff with
our citi-
> vessels
» canals
8, while
antagie;
of 1871,

ill the
<l made
iffs, and

RELATIONS WITH CANADA. 5

No. 1.

Mr. Hotchkias to Mr, Rives.

Commercial Agency of the L'nitkd States,

Ottaica, January 7, 18S8.
Hon. George L. Rives,

Assistant tSecretary of State, Washington, D. C:

Sir : I have the Iiouor to transmit to the Department as inclosures
herewith, tirst, a copy of the ])rinte<l "rates of toll" on the Dominion
canals, also covering? the conditions thereof; second, a certified copj' of
an "order in cotiucil" under date of March 28, 1887, relatinj; thereto;
third, a like "order in council" of <lato of June 13, 1887, further modi-
fying: the conditions of paj'inent of tolls.

I am inlnrmed by the commissioner of internal revenue that these
comprise all the existiii}? tariffs, rules, and regulations relating to the
traffic on the Dominion canals.

I am likewise assured by the minister of customs that there are no

regulations of customs entries which are not entirely governed by the

last proviso of section 112 of the "consolidated customs act of 18 3,"

which 1 And to read :

And provided also. That vessels merely passing throngh any of the Ccauacliau canals
withotin breaking bulk shall not be liable to such fees (entry fees).

Thos. W. Hotchkiss,
U. S. Commercial Agent.

[L. 2.— Inland revenue.)

The canaU of the Dominion of Canada— rates of toll, 1883.

[Tariff of tolls to be levied on vesnels and cargoes passing tfarongh the Dominion canals, 1883.1

I am, sir, etc.,

be •

SF>.

<»>.

The rates of tolls are divided into five
Classen, as under, and are per ton,

S 9
.a o

—a

5**

■n

■3

is
u

rait

unites otherwise speciticd.

a
a

2<i

I-)

Class No. 1.

Vessels, steam per ton . .

|I0 Oli

$o.ou

$0.02^

$0.00i

$0. OOJ

to. 01

$0.01i

$.000jl

$0.01i

Vessels, sail and other do —

.02^

.02i

.03}

.Oli

.01^

.01

.024

.01

.021

Cl.ABS No. 2.

Pas8enKer821yearsofagoand upwards, each.

.10

.20

.10

.05

.08

.02J

.00}

Passeugers under 21 years of age, each

.US

.05

.10

.05

.02

.04

.014

.04i

Cl-ABS No. 3.

Srinkfl. oGTn^nt. und wRtcr linio

Clay, lime, and sand

Brtinstuue

Corn

Flour

Iron :

lliiilwav :

l'\g 1

All other '

- 16

.20

.15

.10

.07

.00

.19}

Plaster, uvusuni... -!

Salt

Salt meats or flsh, in barrels or otherwisd ..

Agricultural products, vegetables, uut cuu-

merattd.

Agricultural products, animal, not enumer-
ated,
Stone, for cuttine •••

Wheat

RELATIONS WITH CANADA.

The canah of the Dominion of Canada— rates of toll, 1833— Continued.

The rates of tolls are divided into five

claitses, as under, and are per ton,

unless otherwise specified.

-"a
IS

•> a

*S «

2j=

Class No. 4.
All other articles, not enumerated. .
Class No. 5.

•1^

r§

•i

*"S

•S9

ii^

•c

*S o

%,a

$0.15 10.20

Bark

Barrels, empty, each

Boat knees, each ■

Floats, per M lineal feet

rire-wood, per cord :

In vesHols

In rafts

Hoops

Masts and spars, telegraph poles, per ton of
40 cubic ff et :

In vessels

In rnfls

Railwaj- ties :

In vessels, each •

In rafts, each

Sawed stuff, boards, plank, scantling, and
sawed timber, per M feet, board measure:

In vessels

In rafts

Square timber, per H cubic feet :

In vessels

"in rafts

Wagon stuff, woodenware and wood partly

manufactured, per ton of 4U cubic feet

Shingles, per M

Split posts anc' fence rails, per M :

In vessel?

In rafts

Saw logs, each standard log

Staves and headings:

Barrels, per M

Pipe, per M

W.Indlo.per M

Sal t barrels, sa wn or c ut, per M

Traverses, per 100 pieces

Hop poles, per 1,000 xnoces

SfECIAL CLASa.

Gypsum, crude (per O. C, 28lh Oct., 1682) . . .

Coal

Stone, unwrought, corded, and not suitable

for cutting, per cord

Iron ore, kryolite or chemical ore

Ice

.20

.02

.05

1.40

.20
.25
.25

.15
.20

.01

.02

.30
.60

3.00
4.60

.20

.02

.05

1.40

.20
.26
.25

.15
.20

.01

.02

.30
.60

3.00
4.50

.40
.U6

.40

.80
.08

.40

1.5U

.75

.08

.no

2.00

.0.-)
.20

.7.^
.05
.05

$0.20

.20

.02

.05

1.40

.20
.2.'i
.25

.15
.20

.01
.02

.30
.00

3.00
4.50

.40
.00

.40

.80
.08

.40

.75

.I'o

.50

2.00

.20

.75
.05
.05

$0.20 $0.10

-a
S

CO tg
§•8

-ai

.15

.02

1.40

.20
.25
.20

.05
.10

.00)
.01

.15
.30

i.on

2.00

.40
.06

.40
.80
.08

.20
1.00
.00
.04
..W
2.00

.05
.15

.60
.05

.10

.02

1.20

.10
.15
.15

.05
.10

a
o

.OOi
.01

.10
.20

1.00
2.00

,25
.04

.20
.40
.05

.15
1.00
.25
.03
.40
1.50

West
.10

.37J
.05

p.
<

I *

u
«

■a
a

eo.26

.07

.02

1.05

.15
.10
.15

.08
.15

ward.

.OOi
.02

.114
.19

.56
1.12

.30
.04i

.23
.38
.00

.15
.75
.45
.03
.38
1.50

$0.14

.06
.01
.01
.50

.08
.09
.10

.07
.10

.OOi
.01

a
.a
o

CO I*

$0.29

.19J
.03^
.031
2.05

.23

.304

.30

.13J
.22)

• Olg
.024

.08

.28
.05

.06i
.09

.44
.63

.20
.U2i

.12
.17
.06

.10
.50
.25
.(•2
.15
.05

.05

.24

.05

.20
.36)

1.60
3.13

.65

.08

.42
.77
.13

.30
1.75
.65
.06
.07)
2.05

.17!

.77)
.05

Goods ship

forp»««»K«V
Canal free of

gootls going <

tarlo, and th

direct in the

Coal to pass up all canals, except the Welland Canal, free of toll, as per order in council, June 7, 1800'

Lops, lutn'uer, or other produce shall pass free of toll down the Chippewa Creek between the Aque-
duct and Fort Kobiusou as per order of council. May 18, 1803.

Iron ore, kryolite, or chemical ore, througli one Sfction, or all the canals, per ton, 6 cents.

All goods having paid full toll througli the whole line of the St. Lawrence Canals, or through the
Lachine CannI, St. Ann's Lock, or Ottawa and liidcau Canals, shall be allowed to paK.4 free tlirongh
the Welland Canal; and if tolls hare been paid at the Clmnibly Canal, such tolls hIiiiH lie refunded at
Montreal or Kingston Mills; and having paid full tolls through the Welliind Canal, thnv sliall bo
allowed to pass free through the St. Lawrence Canals, or through the Ottawa and Kideau Canals, St.
Ann's Lock, the Lachine Canal, and the Chamiily Canal, provided always : That the articles to be
entitled to the above exemptions sliall go downwards through the whole length of tho canal to Mon-
treal, or pass upward from Montreal through the whole length of the St. Lawrence Caua>a or the
Ottawa and Rideau Canals to Lake Ontario.

All articles, goods, or merchandise not enumernted above to lie charged to Class No. 4.

No "let passes" to be issued to steam tucsnr other small vessels for less than 25 cents as a minimum
charge, but such vessels not carrying freight or passengers can obtain, (in payment of $80, a season
"let pass," which will pass them up and down the canal as often as desired.

RELATIONS WITH CANADA.

pied.

X a

a :
« I

a
.a

a
5

W. 14 10. 29

.OC
.01
.01
.SO

.08
.09
.10 1

.07
.10

19J
031
03{
2.05

.23
.30^

.I.3J
.22}

■OOJ .Olg
• 01 . 02|

.06?
.09

.44
.63

, .20 .65
W -024 .08

.20
.36}

1.69
3.13

.12
.17
.06

.10

.60

.sa

.02
.15
.05

.42
.77
.13

.30
1, 75
.65
.06

.«7J
I.C5

.05

.24
.05

.171

.77J
.05

one 7, 1809.
tlio Aquo-

"■oiiKli the
K' through
Jftiiided at
k' HliiiU bo
'"iiiiIh, St.
cl<'» to be
il to Mon-
nls or the

Diinimnm
a season

Goods shipped to any port west of the St. Lawrence CannU, tolls upon which have already been paid
for paH«a){e through such canals, may be re-sbippvdfrom such portsand be passed thiough ttie Welland
Canal free of tolU, in the same way ns if they had been shipped tlirough direct in the tirst ins"" re ; and
goods going eastward, having paid Welland Canal tolls, may be trans-nhipped at any port oi <e On-
tario, and thereafter pass free through the St. Lawrence Canals, ao if tliey bad been ship' through "
direct in the tirst instance.

Standard for estimating trciijhti>.

Ton*.

Stone, 12 cubic feet 1

Stone, 1 cord 7 J

Whislj J-. 4 barrels or 215 gallons 1

Empty' barrels, 10 1

Karrel hoops, 10 miUe 1

Boaid and other sawed lumber, 600 feet board

measure 1

Doat knees, 4 1

Fire- wood, 1 cord 3

Hoop poles, 60, or 40 cubic feet 1

Shingles, 12 M. or bundles 1

Split posts and fence rails, 1 mille 1

S aves and headings, pipe, 1 mille is 8

Staves and headings, West India, 1 mille is. . . 4

Staves anil headings, barrel, 1 mille 2|

Staves and headings, salt barrel, 1 mille i

Saw logs, standard 1 {

Square limber, 50 cubic feet. 1

Telegraph poles, 10, or 40 cubic feet 1

Masts and spars, 40 cubic feet 1

Kailroad ties, 16, or 50 cubic feet 1

All other wuodeiiware, or partly manufact- .

ured wood, 40 cnbic feet, as per taritf 1

Traverses, 40 cnbic feet, or 5 pieces 1

Floats, 50 lineal feet 1

Tong.

2,000 lbs. avoirdupois 1

Per M. is per thousand feet.
Per Mille is per thousand pieces.

Oreen fruit, U barrels are 1

Ashes, 3 barrels are 1

Bark. 4cords 1

Beef. 7 barrels 1

Biscnit and crackers, 9, barrels 1

Bricks, common, 1,000 2

Bntt«r, 22 kegs or 7 barrels 1

Cattle, 3 1

'" ameot and water lime, 7 barrels 1

iire-bricks, 1,000 3

Fish. 7 barrels 1

Flonr, 9 barrels 1

Gypsum and manganese, 6 barrels 1

Horses, 2 1

Lard and tallow, 7 barrels or 22 kegs 1

Liquors and spirits, 215 gallons 1

Liquors, all others, 215 gallons 1

Nuts, 9 barrels 1

Oysters, 6 barrels 1

Pork, 7 barrels I

Salt, 7 barrels 1

Sueds, 9 barrels 1

Sheep, 20 1

Note.— By the weights and measures act of 1873, the following articles are to be estimated by the
cental of lUO lbs., viz, barley, beans, charcoal, corn, oats, pease, potatoes, rye, salt, seeds, and wheat.

ST. Pktku's Casal.

On each and every vessel passing through the said canal, two cents per ton on the vessel, and one
cent per ton on the freight each way.

BOBCAYGEOS, PKTERBOKOUGII, AXD HAeTINOS LOCKB.

." Bobeaygeon Lock. •

Cents.

For every lockage of saw log or other cribs 50

For every lockage of saw logs on scows, per log 4

For every lockage of ties or cedar posts, per 100 pieces 25

For every lockage of sawed lumber, per al feet 1

For cord- wood, shiugle botts, or other merchandise, per cord 5

For every lockage of ore, per ton 1

Peterborovjjh Locks. Uaxtings Locks.

Same as Bolicaygeon. Same as Bobeaygeon. '

The following waj- rates to be levied on vessels and property passing the several subdivisions of the
canals :

9.
10.
11.
12.
13.
14.
1.5.
16,
17,

■Welland Casal.

From Port Maitland, Dnunville, and Port Colborne to Port Robinson or Allanbuig, not pass-
ing the lock, each way

From Cliippawa Cut, or any part thereof, to Duauvillo, Port Maitland, or Port Colboine....

From Ounnville to Port Colborne »

From Thorold to St. Catharines or Port Dalhousie

From Maitlr.ud, Duunville, Colborne, or Port Kobinson to Marshvillo and intermediate

Bate.

i
ft

pill

From Marshville or intermediate places to Port Maitland, Duunville, Port Colborne, and

Port Kobinson

From Port Robinson to AUanburg or Thorold .:

From Port Robinson to St. Citharines or Port Dalhousie

From St. Catharines to Port Oalhousie

From Dunnville to .<laitland

Fnmi Port Robinson, through the lock and Chippawa Cut

From Port Colborne lo Port Maitland

From Chippawa Cut through lock to Port Robinson

From Colborne, Punnville, Maitland, and Maivliville to Thorold ..

From Colborne. IJnnnville, Maitland, and Marshville to St. Catharines...

Through the Chippawa Cut only

Through the Port Robinson lock only

RELATIONS WITH CANADA.

St. Lawbkmcf. Caxals.

The nnvigatlon to be divided into four nectiom, viz : Cardinal. Comwflll, Bennliamoix, nnd
Lacliinp. Tolls to be levied on all voa^els and property in propuitiou to the number of sections
passed through.

CiiAMULY Canal.

The ni
-they Bba
tauce to

Canal, t
The CO

VesHclfland property passing fromSoiel toChambly, to pay J

Vesst'ls and property passing from Cliambly to St. John s, to pay f

Ottawa Canau.

The navigation to be divided into three sections, viz : Grenville, Carillon, and St. Anne?. Tolls
to be levied on all vessels and property in proportion to the number of sections passed through.

BiuEAU Canal. *

The ravlpctiono' this canal is divided into three sections: "Ottawa," "Smith's Falls,"and "Kings-
ton Mills." Vessels and freight passing one section to be charged one-third ; two sections two-thirds.

Geneual.

Any fraction of a ton freight to be charged 1 ton, and portions of sections to be charged as a whole
section on all the above canals.

The passing of saw logs or other lumber through any of the canals or sections thereof is to be at all
times governed by the regulations for their management.

Hakbou DUE8.

Vessels receiving or discharging freight at the premises of the AVelland Railway, at Ports Colbome
or Dalhousie, are to be free from harbor dues ; but all otlier vessels discliargiug or receiving cargo at
Port Dalhousie, Port Colbome, or Port Maitland, shall pay on every ton of freight so received or dis-
charged 2 cents.

The above tariif of tolls was establishetl by au order of His Excellency the Governor
General in council, dated 23d June, 1883.

E. WlALL,

Commissioner, I. B.

Certified copy of a nport of a committee of the honorahle the privy council, approved by
his excellency the governor- general in council, on the 26th. March, 1H87.

[seal.]

On a memorandum, dated 2i)th March, mS7, from the minister of railways and ca-
nals, recommending that for the forthcoming season of navigation, and no longer, the
rate of toll to be paid ft the passage through the Welland and St. Lawrence Canals
only, of the under-mentioned food products, when shipped for Montreal or any other
Canadian port east of Montreal, be fixed at 2 cents per ton, namely : Wheat, Indian
corn, pease, barley, and rye.

The committee submit the above recommendation for your excellency's approval.

John J, McGee,
Clerk, Privy Council,

[11. Can.Mlg. Inland revenue. O. 221.1

Certified copy of a report of a committee of the honorable the privy council, approved by his
excellency the governor-gem ral in council, on the 13</t June, 1687.

On a memorandum, dated 9th June, 1887, from the minister of railways and canals,
representing that by an order in council of tiie 28th March, 1887, a special reduced
rate has been granted for the current season in the case of wheat, Indian corn, pease,
barley, and rye for passage through the Welland and St. Lawrence Canals, when
shipped for Montreal or for any otlier Canadian port east of Montreal, this rate being
2 cents per ton, covering all those cimals.

The minister further represents that under the ordinary rates all goods on which
full tolls have been paid for passage tlirongh the W^cUaud are entitled, provided they
go downwards the whole distance to Montreal, to free passage through the St. Law-
rence Canal system ; such goods, Lowever, if they enter tlie St. Lawrence system and
do not pass through to Montreal ar*> not exemj)!. but pay the full local toll, 3f cents
for each section entered out of the fo.ir sections iuto which this system is divided.

SIR
<ler8 h
taiu
Cana

ind

RELATIONS WITH CANADA. 9

The niinittter reconimendg that in the case of the food protlucfs above ennmerated
Ihey shall be entitled to exemption even if they do not traverse the whole of the dis-
tance to Montreal, and that, having paid full tolls for piisHa;j;o thronj^h the Welland
Canal, they shall be free fronj any further toll on the !^t. Lawrence Canals.
The committee submit the same for your excellency's approval.

Joii.v J. McGek,
Chrk, Privi/ Coundl.

'Kinjjs.
'■tbirds.

• wbole
I at all

nlbome
-irgo at
or dia-

Xo. 2.

Mr. Hotchldss to Mr. Eivis,

United States Consulate,
• Ottawa, April 30, 1S88.

Sir : I have tbe honor to transmit, aa inclosurc herewith, two " or-
ders in council," regulating the tolls and rebate of tolls, etc., on cer-
tain cereals, etc., passing through the Welland and St. Lawrence
Oanals.

I am, etc.,

Tn03IAS W. HOTCHKISS,

U. S. Consul.

ernor

• Ji.

ved bjf

d ca-

r, the
inals
>ther
dian

»val.

i7.

his

His,
3ed

ise,
len

TV-
ad
ts

[13. Canals. Cereals. Inland revenue. G. 251.]

Government House, Ottawa,
Friday, the 20th day of April, 1888.

Present: His excellency the Governor-General in council.

On the recommendation of the minister of railways and canals, and under the pro-
visions of the thirteenth section of chapter 37 of the revised statutes of Canada, inti-
tutled "An act respecting tbe department of railways and canals ; "

His excellency in council has been pleased to order, and it is hereby ordered, that
tbe special rates of toll of two (2) cents per ton adopted last year for the passage
through the Welland and St. Lawrence Canals of certain cereals, wheat, Indian corn,
peas, barley, and rye, when shipped for Montreal, or for any other port east of Montreal,
be continued during the forthcoming season of navigation and no longer, such toll
covering the Welland and the St. Lawrence Canals.

His excellency has been further pleased to order the continuance, for the same pe-
riod only, of the arrangement under which the said food products, if they have paid
the ordinary full tolls for passage through the Welland Canal, shall be enti*^!; '^ to
exemption from payment of any further toll for passage through any porticn o( the
St. Lawrence Canal system, even if not traversing the whole distan !e to Monti* .. ■

John J. McGke,
Cltrk Privy Council.

[12. Canals. Inland Revenue. G. 245.]

GOVP.RNMENT HOUSE, OTTAWA,

Wednesday, lat day of February, 1888.

Present : His excellency the governor-general in council.

Whereas the minister of railways and canals reports that under the provisions of
the existing tariff of tolls on the Dominion canals, established by an order in council .
of the a3d June, 1883, an undesirable discrimination is in force between iron and
steel for passage through the St. Lawrence canal, iron being specified in class 3 and
charged 15 cents per ton, while steel, not beinj.- lassitied, specially comes under
" class 4," namely, " all other arti( "es not enume id," and is charged 20 cents per
ton;

His excellency in council, on the recommendation of the minister of railways and
canals and under the provisions of the thirteenth section of chapter 37 of the Revised
Statutes of Canada, intituled " An act respecting the department of railways and
canals," has been pleased to order, and it is hereby ordered, that the said order in

RELATIONS WITH CANADA.

&•

m >

council of the 23d June, 1883, establishinp; the tariff of the tolls on the canals of the
Dominion, be and the same is hereby modified so as to place " steel" in the same cate-

gory as " iron," making the charge thereon 15 cents per ton.

John J. McGee,
Clerk Privy Council.

Memo. — All canal circnlars issued since the pnblication of G. 212, "i>amphlotof
regulations," are to be attached to that pamphlet as supplements.

No. 3.

Mr. Fairchild to Mr. Bayard.

Treasury Department,

Washington, July 10, 1888.

The honorable the Secretary op State :

Sir : I have the honor to transmit herewith for your information, and
for such action as you may deem proper, an extract from the last an-
nual report addressed to me by the Commissioner of Navigation, relat-
ing to an alleged discrimination by the Canadian Government in the
matter of the navigation of the Welland Canal against American ports,
American railroads and canals, and American vessels.

It is understood that the discrimination still exists.

The British Government undertook, in article 27 of the treaty of
Washington, to urge upon the Government of the Dominion of Canada
to secure to the citizens of the United States the use of the Welland,
St. Lawrence, and other canals in the Dominion on terms of equality
with the inhabitants of the Dominion. But such equality does not
exist in all respects.

Would it not be advisable to bring the matter to the attention of the
British Government with a view to securing, if practicable, the abroga-
tion of the objectionable regulations now existing upon the subject ?
KespectfuUy, yours,

C. S. Fairchild,

ISecretary.

Stear
Sail al

PusBenptj
21 >e|
TJndJ

The Welland Canal.

Some complaint has boon niade in regard to an order of the governor-general of
Canada levying tax or toll on all wlieat, Indian corn, maize, barley, and rye passing
through the Welland Canal in American bottoms,

It was alleged that the toll on grain is fixed at 20 cents per ton on all American ves-
sels passing through the St. Lawrence system of canals from one American port to
another, but that on grain from a Canadian port destined to anollior Canadian port
the tolls have been reduced the entire length of the canal system. On the other hand
Canadian vessels passing through the Bault Canal are allowed nil the privileges of
American vessels, and are absolutely free of toll. Reciprocity seems to demand similar
action on the part, of the Canadian Government, or at least tiiat American vessels
should be admitted through Canadian canals without the paymentof any foesor taxes
in excess of the fees and taxes levied on Canadian vessels under similar circumstances.
The complaint as to discrimination against American vessels has been investigated by
this ofllce, through the several collectors of customs on the northern frontier. The
substance of tlie (jtatements received is to the effect that diHcrimiuation does not exist
except in the case of grain passing through the Welland Canal destined for American
ports on Lake Ontario.

The following memorandum received from the collector of customs at DulTalo, N. Y.,
ehowH the rates charged :

pals of the
I same cate-

Jee,
I (Council.

fmphlet of

1888.

|ou, and
ast an-
f relat-
iu the
ports,

aty of
aiiada
'Hand,
uality

B8 not

oftlie
roga-
t?

ri/.

il of
aiug

ves-
t to
Jorfc
*iul
J of
Jar
(jIh
ces

B8.

RELATIONS WITH CANADA.

Memorandum of rates of tolls on the Welland Canal, Canada.

Rates of tolls and classes.

Ota«« Xo. 1.
Vessels :

Steam per ton..

Sail and other do

Class No. 2.
Passengers :

21 years of a^e and npwa^'d each..

XTudor 21 years do —

Class Xo. 3.

Passing

westward

through

Welland

Canal only.

Brick, cement, and water-lime.

Clay, lime, and sand

Brimstone

Com

Flour

Iron:

Knilway .

Pig.

All other....
Plaster, gypsam.
Salt

Salt meats or fish in barrels or otherwise.
Agriculture products :

Vegetable not enumerated

Annual not enumerated

Stone for cutting

Wheat

Class Xo. 4,

All other articles not enumerated .

Class Ko. 5.

Bark

Barrels, empty ench..

BoHt-knees <lo ..

Floats per 1,000 linear feet. .

Fire-wood :

In vesnels I'or cord..

In rafts do

Hoops

Hnsts and spars, telegraph poles, per ton or 4(5 cubic feet in

vessels

Railway ties :

In vessels eaou..

In rafts .. ....do...

Sawed stuif, boards, plank, scantling, and sawed timber:

In vpssels per M feet B. M..

In rafts do

Square timber:

In vessels per M cubic feet..

In rr.fts tlo —

Wagon stiiir, wooden ware, and wood partially nmnufactuied,

per ton of 40 cubic feet

Shingle

, per M..

Split poHts and fence rails:

In vessels Iter M.,

Ill rafts do. ..

Raw-logs, each staiiilard log

Staves and heading :

Barrels per M.,

• Pipe do . . .

West Indian do...

Salt-barrels, sawed or cut. do —

Traverses per 100 jiiecos.

Uop-poles per 1,000 pieces .

tijiccial class.

Gypsum, crudo

Coal

Stone, unwroiight, corded, and not suitable for cutting, per cord.

Iron ore, kryolito or cheiiileal ore

Ice

$0.01)
.02i

.10
.05

.15

.20

.02

.05

1.40

.20
.25
.25

.15

.01
.02

.30
.00

8.00
4.50

.40
.00

.40
.80
.t8

.40
1.60
.75
.08
.f)0
2.00

.15
.20

.75
.05
.05

Passing
eastward
through
Welland
Canal only.

90.01i
.02i

.10
.05

.2)

.20

Lake Erie
to Mont-
real.

$0. 02i
.03i

.20
.10

.20

.Oi

.02

.05

1.40

.20

.2.i

.25

.15

.01

.02

.30

.60

.00

3.00

3. CO

4.50

4.60

.40

.06

.40

.Hll

.80

.08

.40

1,50

1.60

.75

.08

.."iO

.50

2.00

.03

.20

.75

.05

RELATIONS WITH CANADA.

i\\

No. 4.

i.ii I

r,; i
! ^

n i

Mr. Bayard to Sir L. \\'est.

♦ Department of State,

Washington, July 21, 1888.
Sm: I have the honor to inclose herewith a copy of a letter from
the Treasury Department of the 10th instant, in relation to an alleged
discrimination against American vessels passing through the Welland
Oanal.

By the 27th article of the treaty of Washington, Her Majesty's Gov-
ernment undertook to urge upon the Qovernment ot the Dominion of
Canada to grant citizens of the United States the use of Welland and
other canals on terms of equality with the inhabitants of the Dominion,
un the other hand, the Government of the United States promised to
secure as far as possible reciprocally equal treatment of irhabitants of
the Dominion using canals in the United States connected with the lake
system of transportation. The Department is informed that such equal-
ity of treatment now exists in the United States.

I will thank you to bring this matter to the attention of the Canadian
Government.

I have, etc.,

T. F. Bayard.

(Inclosjiro: Mr. Fairchild to Mr. Bayard, July 10, 1888.)

No. 5.

Sir L. West to Mr, Bayard.

Beverly, Mass., August 13, 1888.

Sir: I have the honor to communicate to you herewith copy of an
approved minute of the privy council of Canada, relative to the tolls
levied by the Dominion authorities on vessels passing through the
Welland Canal.
I have, etc.,

L. S. Sackville West.

Certified copy of a report of a committee of the honorable the priry council for Canada,

At the present time the tolls chargeable on all goods and merchandise passing
through the Welland Canal bound for any Lake Ontario port are the same, whether,
for example, the destination of such merchandise be Toronto or Prescott on the north
or Oswego or Ogdensburgh on the south.

Wheat and certain other cereals pay 2 cents per ton for passage through both the
Welland and St. Lawrence Canals system to Montreal, or to any point on the St.
Lawrence Canal lystem short of Montreal, without discrimination, whether to ports
or north or south shore, and that the same cereals shipped from any i)ort on Lake
Ontario, whether American or Canadian, to Montreal, pay 2 cents per ton for pis-
8age through the whole of the St. Lawrence Canals.

Sir:
erunieu1|
by the

Jub',1',

ber, a pi

The i]

New Bi
avtU KJ
disable]

Nova "
discbail
In tV
W'arriM
the isui
Out
was ni
as ape
the &h
The
when,
of Sh«
under
which

41. 'I
proper
the nai
full de
80 imv
compe
and 111

uiuno
withii
and t'
the a
prodi

fron

Can

the

ord

toftl

hei

op'

Ui
at

RELATIONS WITH CANADA.

11888,

-r from
illeged
^ellaud

fs Gov-
Moil of
["1 and
Minion,
psed to
ints of
le Jake
equal-

adian

RD.

i8.

f an

tolls

the

ing
er,
■th

It.

No. 10.

Mr. Bayard to Mr. Edirardes.

Departmf.nt op State,

Washington, June 22, 1888.

Sir : I have the honor to bring to the attention of Her Majesty's Gov-
ernment the case of the American ship Bridgewater, which wjis seized
by the customs authorities at Shelburne, JJova Scotia, on the 27th of
July, 1887, and detained in custody until the 15th of the following Octo-
ber, a i)eriod of eighty-one days, when she was unconditionally released.

The facts in the case are that the Bridgorater cleared from St. John's,
New Brunswick, on the 1st of April, 1887, with a cargo of deals for Pen-
arth Koads, Great Britain. On tiie 5ili of the same month, having been
disabled by a storm and extensively damaged, she put into Shelburne,
Nova Scoiia, for repairs, was surveyed and condemned and iier cargo
discharged.

In the meantime, however, Capt. John 11. Allen, tiie agent for Mary
Warren Allen, the owner of the vessel, having arrived, refused to accept
the survey of condemnation and advertised the vessel for sale.

On the 8th of June the ship was i)u: up at i)ublic sale, but as no bid
was made, or any that was accej)table, she v/ns bid in by Captain Allen
as agent of the owner, and having been thus unable to effect a sale of
the ship, he proceeded to repair her.

The repairs were proceeding and, as is allered, were nearly completed,
when, on the 27th of July, the vessel was seizetl by Collector Atwood,
of Shelburne, for non-payment of duty as for goods entered and sold
under tlie Dominion statute 40, Victoria Cap. 12, sections 41 and GO,
which read as follows :

41. The person enterinji; any goods iii\vartl.s shall deliver to the collector or other
proper ollicer au invoice of (such goods, showing the |)lace and date ot'pnrchaHe and
the name or style of the firm or person Iroui wlioiu tiie gor)ds were i)nrchased and a
full description thereof in detail, giving the (jnantity and value of each kln<l <)f goods
so imported and a bill of theenlry tlieieof, in such form as shall he appointed by
competent authority, lairly written or |iriuted, or ^tartly written and partly printed,
and III duplicate, containing the iianu! of the importer, and if iiniiorted by water the
name of the vessel and the master and of the jilace to which hound and of the place
within the i)ort where the goods lire to 1k< unladen, and the description of the goods,
and the marks and numi)ers and cimteuts of the packages, and the pliice from which
the goods are imiiorted, and of what country or place such goods are tiie growth,
produce, or inanutacture.

''GO. Goods derelict, Hotsam, jetsam, or wreck, or landed or saved
from any vessel wrecked, stranded, or lost, brought or coming into
Canada, shall be sul)ject t») the same duties and regulations as goods of
the like kind imjioi'ted are suhjecl to."

It is unnecessary for me t«> j;ive a construction to these provisions in
order to show that they couhl liave no relation to tlie case of the Bridge-
water, a vessel compelled to enter in distress and undergo repairs by
her owner, out of whose hands she had never i»assed up to the time of
her seizure lor nonpiiyment of duties, because that such is the clear
opinion of the Canadian authorities unmistakably a])pears.

Captain Allen lormally protesteti against the seizure of the ship, but
without avail, until the IGth of September, when the consul of the
United States at Shelburne received from the acting minister of customs
at Ottawa the ioUowing telegram :

Allen can repair and take vessel away. If ho reijniiea Canadian register, •will
have to pay duty.

A. W. McLki.an,
Jciing Minister of Customs.

i-l

RELATIONS WITH CANADA.

i n

•II

! i

!'■!

'Hi!!

On the 22nd of September Collector Atwood offered to release the
vessel on condition that her owner abandon all claim against the Cana-
dian Government or its officials for the seizure and detention. This
Captain Allen, acting for the owner, refused to do.

The vessel was not released till the 15th of October, and then uncon-
ditionally.

No Canadian register was ever applied for or issued, and she sailed
from Shelburne under her American papers.

The owner has since presented a claim for damages by reason of the
wrongful seizure and detention of the ship, amounting to something
over twenty thousand dollars, to the government at Ottawa, but has
failed to secure its recognition ; and Captain Allen has beea informed
by the minister of customs that his principal has no redress in the
courts against any of the officers of the Cro.fn.

Should the facts as herein stated be ascertained to be correct (and
there appears to be little room for doubt), it is hoped that the jui^tice
of the claim now presented will be recognized and proper compensation
awarded.

I have not thought it necessary to enter into anj"^ elaborate argument
in regard to the law of the case, as it appeais to be admitted that there
was no warrant for the seizure and detention of the Bridgeicater under
the customs laws of Canada, and since no government has more read-
ily accorded or more consistently contended for the rights of vessels
in distress to seek shelter and repairs than that of Her Majesty.
I have the honcr to be, etc.

T. F. Bayabd

The Honorable Henry G. Edwardes, etc.