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Tous les autres axemplaires originaux sont filmAs an commen9ant par la premiere page qui comporte une empreinte d'impression ou d'illustration at en terminant par la derniAre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la darnidre image de cheque microfiche, selon le cas: le symbols — »- signifia "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent 6tre filmis A des taux de rMuction diffArents. Lorsque le document est trop grand pour dtra reproduit en un seul cliche, il est film« A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Las diagrammes suivants illustrent la m^thode. 1 2 3 1 UlATp RETURN (65) To an Address of the House of Commons, dated the 9th April, 1888 :— For copies of all papers, correspondence, Orders in Council, and Depart- mental Orders, not already brought down with reference to : — 1. The refusal of the United States authorities to allow Cana- dian wrecking vessels and machinery to assist Canadian vessels while in distress in United States waters. 2. The refusal of the Canadian authorities to allow United States wrecking vessels and machinery to assist United States vessels while in distress in Canadian waters. By Command. Ottawa, 18th April, 1888. J. A. CHAPLBA.U, Secretary of State. • . CONTBNTS. faBnirrmrriiTfrr relating to wrecked veseels in waters conterminoaH to Canada and the United States. H. A. Heiyar to Lord Lansdowne, No. 17, March 1, 1886. Lord Lanedowne to Lord Granville, No. 6U, March 6, 1886. g SirL. West to Lord Lmsdowne, No. 47, April 24, 1 88t>. Sir R Herbert to do No. lU, April 27, 1886. Mr. Stanhope to do No. 222, Oct. 15, 1886. Lord LaosdowM to Sir H. Holland, No. 100, April 2, 18s7. Sir L. Week to Lord Lansdowne, No. 49, May 27, 1887. ,. Sir R Herbert to do No. 14i, June 11, 1887. Sir H. Holland to do No. 178, Jnly 1, 1887. Sir L. Weet to do No. 19, March 28, 1888i No. 17. H. A. HeU/ar (HM. ChatgS d'A^ aires) to Lord Lansdoume. Washinoton, let March, 1886. Mt Lou>, — I have the honor to forward to Your Excellency herewith a copy of a note from the United States Government, and also of its enclosure calling atten- tion to the qnestion p* wrecked vesseld in the waterrt conterminous to the United States and Canada. Mr. Bayard sag oets that the adoption of the measure of reciprocity propo»'ed by the Act of Congi..38 of I9lh .Mfue, 1878, woald remedy existing evih, and pro- mote the intereete of good neighborhood and humanity, and adds that the Preeidunt 65—1 Pacific N.W. Mi^tn ^rt. 100852 PROVINCIAL. L.I. iiR VICTORIA, B. C. cAiA^Y is deiiroas that thesabjeot may be re-Bobmitted to the oonsidentionof HerMajest; OoTernmeDt with the hope thai some aoderstandtng may be arrived at The statument made by Sir £. Thornton in his note to Mr. Seward of 19th Angant, 1874, was based on a report of the Canadian Privy Ooanoil, forwarded in Lord Dafferin's deepatoh No. 58, of 16th Aogast, 1878, in whioh it was sUted thai the sabject woald reoeive consideration before the next Session of Parliament. A sabseqaent Denpatoh of the Ifarqais of Lome, No. 76, of 22ad November, 1880, which was oommamoated to the United States Government, bears direetly on tba a oestioD, for ia the Privy Goancil's report, therein inoiosed, it ia^: stated that tha lanadian Oastoms Deparlmeot had always carried oat " the principle of reoiprooit j in faoilitatiog aid to disabled vessels of whatever flag," &a,, &o. I have tbe honor to ictbrm Tour Excellency that I have forwarded a copy of Mr. Bayard's note to Her Majesty's Gk>vernment. I have, &c., H. A. HBL7AR, B. M, Ohargi tCAffaUrei^ (In the absence of blr L. S. S. Wist.) JBis Bzeellenoy the Marqnis of Lanadowne, &c., Ac., fto. T. F. Bayard to Sir L. B. 8. Wat. Dbpartiunt of State, WASHuroTON, 26th Febrnary, 1886. Sib,— On the 16tb of Jaly, 1878, Mr. F. W. Seward, Acting Secretary of Siate, transmitted to Sir E. Thornton a copy ot an Act of Congress, approved 19th Jane, 1878, entitled : " An Act to aid vessels Wrecked or disabled in the waters coatermin- oas to the United States and the Dominion of Oanada.'* Mr. Seward, in sobmitting said Act of Oongross for the information of Her Britannic Majesty's Government, called attention to the fact that it ooald not talce effect nntil the President shoald issne a proolamatioQ declaring that reciprocal privi- leges would be granted to American vessels in Canadian waters, and he therefore requested that he might at as early a day as might be convenient, be placed in pos- session of the information necessary to enable this Government to carry the abovt mentioned Act into effect in acoordanse with its provisions. Sir £. Thornton, in reply to Mr. Seward's note, on tbe 19th of August, 1878, statf d that no provieiou had yet been made by tbe Government of the Dominion of Canada for extending reciprocal privileges to American vessels, but that the sabject would receive consideration. Here, however, the matter appears to have rested, no formal reply having ever been made to the proposal communicated to Her Britannio Majesty's Gtovernment by Mr. Seward. Meanwhile, experience has shown that the want of the proposed recipiocal arrangement has been the source of much avoidable hardship to the interests of American commerce on the great lakes, and that Ameri- can vessels and property have been subjected to great and unnecessary losses and the lives of our mariners to needless dangers. It is thought that the adoption of the measure of reciprocity proposed by the Act of Congress of 19th June, 1878, would remedy the bvils in qaestion as well as pro- mote the interests of good neighborhood and hiimanity. Tbe President, therefore, is desirous that the subject may oe re-submitted to the oonsid oration of Her Britannio Majesty's Government with the hope that some understanding may be arrived at for the mutual benefit of the important interests concerned. Enclosing for your use copies of the Act of Congress in question, I have, &o., T. P. BAYABD. The Hon. Sir L. S. Wmt, K. C. M.G. t 8 [Pnblio— No. 129.] An Act to aid veesels wracked or disabled in the waters oonterminoas to the United States and the Dominion of Oanada. Be it enacted by the Senate and House of Bepresentatives of the United States of America in Congress assembled, that Canadian vessels of all desoriptionB may render aid or assiBtanoe to Canadian or other- vessels wrecked or disaoled in th« waters of the United States contisaoaa to the Dominion of Canada : Provided, that this Act shall not take effect until proclamation by the President declaring that the privilege of aiding American or other vessels wrecked or disabled in Canadian watem oontigaons to the United States has been extended by the Government of the Domin- ion of Canada and declaring this Act to be in force: And provided further, that this Act shall cease to be in force from and afcer the date of proclamation by the Presi- dent to the effect that said reciprocal privilege has been withdrawn or revoked by the said Governmonl of the Dominion of Oanada. Approved 19th Jane, 1878. No. 60. , Lord Lansdowne to Earl Oranvilli. Ottawa, 6tb March, 1886. Mr LoED,— I have the honor to forward hbreirith, for Your Lordship's informa* tion, a co^ of a despatch which I have received from Her Majesty's Chargd d' Af- faires at Washington, encloeing a copy of a note lW)m the United States Government, dated 26th February, in which the Secretary of State draws attention to the Act of Congress of 19th Jane, 1818, which proposes u meiissi'e of reciprocity between the United States and Canada, having for its object the aiding of vessels wrecked or dis- abled in the waters oonterminoas to both countries. This A.ot of Congress has al- ready been under the consideration of the Dominion Government without, however, any definite action having been taken with a view to an uadnrstanding with tho United States authorities on the subject, and Mr. Bayard now states that the Presi- dent "is deairoQs that the subject may be re-sabmitted to the consideration of Her Britannic Majesty's Government with the hope that some understanding may b« arrived at for the mutual benefit of the important interests concerned." 2. I have oaa«od a copy of Mr. Helyar's despatch and of its enclosures to be com* manioated to my Government for consideration. I have, (be, LANSDOWNB. Earl Granville. No. 47. Sir L. S. West to Lord Lansdowne. WASHWaTON, 24th April, 1886. Mt Lord, — With reforenoo to Mr. Helyar's despatch, No. 17 of the 1st of March, I have the honor to eaoloso to Yoxr B tcjillaaoy herowith copy of a. note which I have reoeivei from the Secretary of Suite expressing the hope that an e:irly and favorable agreament may be reached in regard to aid to vessels wrecked or disabled in the watera conterminous to the United State* and the Dominion of Canada. I ha^e, &o., L. S. SACKVILLJB^WBST. His Excellenoy the Marquis of L^aadowno, G.C.M.G., &o., &o., dbe. 65— li T. F. Bayard to Sir L. 8. WetU DiPABTMENT OF Statk, Washinqton, 22n(l April, 1886. Su, — With reference to my note to you of the 26th off February last on the sabiect of aid to veBsels wrecked or disabled in the waters oonterminoas to the United States and the Dominion of Oanada, and to yoar reply of the Ist ultimo, stat- ins that yon had submitted the matter to the Dominion Gk)vemment for its consider- ation, I have the honor to state that- the representatives of the American shipping interests on the great lakes, have just made argent representations to this Depart- ment tm to the necessity of ariiving at an nnderstandlBg in relation to the matter as soon as possible, in view of the fact that the season for naviji^ation is again opening. Hoping that it may be found practicable to reach an early and favorable agree- ment in regard to this important subject, I have, &o., T. P. BAYARD. Tke Hon. Sir L. S. Wxst, E.C.M.a, &o., &o. &o. No. 111. Bobert G. W. Herbert to Lord Lansdoume. DowNiMO Stbmt, 2'7th April, 1886. Mr LoBD, — I have the honor to acknowledge the receipt of your despatch, No. 60, of the 6th ulto., respecting wrecked vessels in the waters conterminous to the United States and the Dominion of Canada. I shall be glad to receive an early expression of the views of your Government on the subject. I have, &o., ROBBRT G. W. HERBERT, for BabL OaANYILLI. Qevernor General, the Most Honorable the Marquis of Lauadowne, G.C.M.G., &o. No. 222. Edward Stanhope to the Officer Administering the Government of Canada, DowNiNQ Stbibt, 16th October, 1886. Mr Lord,— I have the honor to transmit to yon a copy of a letter and of ita enclosure from the Foreign Office on the subject of extending to American tugs ia Canadian waters the privileges now enjoyed b^ Canadian tugs in United States waters. I should be glad to be favored with (ho views oi your Government upon this point at their early convenience. I have, Soc, EDWARD STANHOPE. The Officer Administering the Government of Canada. The Foreign Office to the Colonial Office. FouioN Office, 12th October, 1886. Sib, — I^am directed by the Earl of Iddesleigh to transmit to yon, to be laid before the Secretary of State for the Colonies, copy of a note addressed to Her Majesty's Minister at Washiiagton by the United States Government, enquiring 1886. iMt on the ions to the time, Btat- B oon8ider< Bhipping is Bepart- matter as opening, ble agree- ARD. 1886. )atoh, No. as to the •Tornment ILLl. It.G., Ac. 'a. 1886. Dd of ifa n tags ia >8 waters, upon this >PB. i86. be laid to Her Qqoiring 5 whether or not Her Majesty'^ Government are willing to extend reoiprooally to American tags in Canadian waters the privilegea which Canadian tugs now enjoy in the waters of the United States ; and I am to reqaest that yoa will move Mr. Secre- tary Stanhope to cause His Lordship to be informed what answer should be returned to this enquiry. I am, &o., The Under Secretary of State, Colonial Office. JA3IBS FERGUSON. Mr. Bayard to Sir L. lF«t. DiPABTMiNT OF SxATB, WASHINGTON, 24th September, 1886. Sir, — I have the honor to state for the information of Hor Britannic Majesty's Giovernment, that, ander a decision by the Treasury Department of the 17t,h of July, 1883, a Canadian tng which towed into the port of Oswe^^o four Canadian bargea, waa allowed to detach one barge from the rest and, after the birge was laden with coal, to tow it to any point within the harbor. The Collector of Customs at Oswego was then informed by the Secretary of the Treasury, " that the penalty of 50 cents per ton of tte towed vesaels attached to tugs not r.f the United States, by section 4370 of the Kovisod Statutes, far plying within our waters, affects such tugs only for towing documented vessels of the United States; and that if a foreign tug drops a tew of foreign vessels and resumes the same in our waters, the penalty in question does not affect her." The Treasury Department is informed that a different practice exists in Canadm, as to the towing of vebsels by American tags whereby the latter are placed at a dis- advantage as compared with Canadian tugs. In a letter dated the 28th of July, 1886, the Assistant Commissioner of Customs at Ottawa, wrote to Messrs. J. K. Post & Co., of Oswego, New York, as follows, in re- ply to a statement by them that Canadian tugs were allowed to tow Canadian barges from Kingston to Oswego, Fairhaven, Sodus and Charlotte, viz. : " We are not aware that the American Government allow any such towing on the part of Canadian tugs as stated in your letter, it never having been brought to the attention of this Department that such was permitted. If buch is the case we would be very glad to have some official notice of the same." Messrs. J. K. Post & Co., are extensive owners of steam tags in the United States and desired permission for one of their tugs to proceed to Canadian waters towing five American canal barges, two of which were to be dropped at Belleville in Canada, two at Kingston and one at Picton. Permission was refused by the Canadian CaB> toms aathorities. The foregoing circamstance makes it proper for me to officially bring to the no- tice of Her Britannic Majesty's Government the faot that American Collectors of Customs are accustomed to grant to foreign tugs when towing foreign vessels in oar waters the privilege of going to and from the different ports in this country and from one point to another in the harbors, provided the tugs originally towed said vessels into United States waters. It is alleged that under the rulings of the Canadian aathorities an American to^p must cross the lakes several times to accomplish in Canadian watoru what a Canadian tog can do in ocr waters in a single trip. A case in point has been reported to the Treasury Department by Joseph Richards, master of the steam tag, " Wm. Rector," who states that in Jane last he requested permission of the collector of the port of Toronto to remove a vessel of his tow from one dock to another to complete her cargo, bus was refused the privilege. In bringing this snbject urgently to yoar attention, I beg to request you to do me the favor to inform me as soon as practicable as to whether or not Her Britannic JiaJMty'a Government ib iivilliDff to extend, reciprocally, to American tags in Cana- dian tftters the priyilegea wbicb Canadian toga now enjoy in the waters of the TJniMd SUt s. I have, &o., T. P. BAYARD, The Hon. Sir L. S. 8. Wist, K.O.M.O., !to. be Sec No. 100. Lord Lcmsdmone to Sir H. Holland. r •; iWA, 2nd April, 1887. Sib, — With reference to your predecoeeorV despatch, No. 222, oi the IRth October last, trantmittinff copy of a letter and of its oi .losare from the Foreign OfBoe on the aabjeot of extending to American togs in Canadian waters the privileges now enjoyed by Canadian tuffs in United States waters, I have the honor to forward to yoa> berewitb a certified copy of an approved Scf ort of the Privy Council foi Canada on the nnbjeot. I have, &c., LANSDOWNB. Kr H. Holland. Gbbtiviii) Copn tf a Report of a Committee of the Honorable 1?ie Privy Council, approved by His Excellency the Governor General in Council on the SUt of March, 1887. The Committee of the Privy Council have had tnder consideration a despatch gC7o. 222) dated IMh October, 1886, f rem the Bight Honorable the Secretary of tate for the Colonies, tranimitting a copy of a letter from the Foreign 0£Bce " on the subject of extending to American tugs in Canadian waters the privileges now enjoyed by Canadian tugs in United States waters," enclosing a despatch from the Hon. T. F. Bayard, Secretary of Slate at Washington, of 24ih September, 1886, ia which it is a»hed " whether or rot Eer Britannic Majesty's Government is willing to extei'd reciprocally to American tugs in Canadian waters, the privileges which Canadian tugs new enjoy in the- waters of the United States ? " The sub-committee, to whom the qneetiou was referred, are uns^ble to find any •vidence that Canadian tugs in United States waters have any privileges which have not been concecied to United Slates tugs in Canadian waters, as will be seen on reference to departmental insti uctions and Orders in Council hereunto attached except in the case referred to by the Hon. liir. Bayard in bis despatch of the 24th September, 1886, to Sir Lionel Sackvillo We&t, British Minister at Washirgton, in which he states " that the penally of 50 cents per ton of the towed vesifel attached to tugs not of the \;nii':d States, by section 4,3'iO of the Eeviscd Statutes, for plying ivithin cur waters, affects such lugs only for towirg documented vessels of the United States, and that if a foreign tug drops a tow of foreign vessels and resumes the same in our waters, the penalty in question does not affect her." The sub-committee state that the privilege covered by this decision has not, the iospector of Customs of Canada after inr.'Stigation reports, been extended to Cana- dian tugs when visiting American harbors in the upper ]i;heB of the Dominion. The snb-committeo interpreting the order above quoted as extending to all har- bors in the United States situated in Lakes Ontario, Erie, Huron, and Superior, and on the rivers connecting said lakes, recommend that the regulations governing tug- ging in Canada be amended so as to extend to American tugs when in Canadian tvaters the same rights and privileges granted by the United States Government to Canadian tags ^hen in American waters. ;a in OaDa> era of the ABD, The Committee conoarring in the foregoing, recommend that Toar Excellency be moved to transmit a copy ot tbJH Minate, if approved, t/O the Right Honorable tho Secretary of State for the Coloniei. All which ia reepeotially sobmitted for Toar Ezoellenoy'M approval. JOHN J. MrGBB, Olerk Privy Gomeil. 1887. th October Bee oa the >w enjoyed rd to you> Caoada on fNB. ijy Couneil, of March, despatch crolary of )ffice " on leges now I from the r, 1886, ia is willing fs which find anv lea which 10 seen on attached the 24th irgton, in attached or plying lis of the resumes 1 not, the to Cana- ion. all har- >rior, and ning tug. Canadian iment to OoVBRNMBNT HoUBI, OTTAWA, Wednesday, tOth day of November, 1886. Present : His Bxobllinot ths Govibnor Gbniral in OounoiIi. Jii the recommendation of the Mininter of Cnstoms and nnder the authority of the Sri pub section of the 230th section of the Act of the Parliament of Canada, 46 Victoria, chapter 12, known and cited an '* The Customs Act, 1883." — Hi4 EToellenc^ \a Council has been pleased to q^der and it is hereby ordered, that all fort'ign veeeeiM t.'..di2ig on the coast and (VDtoring the harboiu of Canada from aea or inland waters, shall be, and they are hereby governed by the following rules: 1 . Foreign vessels may trnnspori. cargo and passengnrs nora a foreign port and land the same at two or more Canadian ports, clearing from each in sucoesHlon until All of said ci>ii:^o and passeD^crs are landed. 2. Foreign vei^Hels uiay take cargo and passengers from two or more Canadian ports and transport the same to a foreign port, clearing from each in succession, but taking final clearance for such foreign port at the last Canadian port which they enter on sucb voyage. 8. Foreign ves^elR shall not take freight or passengers at one Canadian port and land the sane at another Canadian port, and the master or owner of any vessel found to have violated tbiH rule shall be subject to a penalty of 9400 for each such oflfonoe, and the vetsel may bo detained until the uame is paid. 4. Foreign vosHels bringing cargo or passengurs from a foreign port may, after landing the same, be permitted to oleav light to another Canadian port fur the pur- pose of loading cargo for a foreign port, and may clear from port to port to complete anoh carfi^o, taking final cloaranoe as above. 6. Foreign vesj-ols may tow other vessels or things from a foreign port to a Canadian port, but if they drop or part from any such vessel or thing in Canadian watern, they shall not again take such vessel or thing in tow for the purpose of moving the same further in Canadian waters. 6. Foreign veet-els may tow other vessels or things from a Car adian port to a foreign port, but having parted from such vessels or things, or ary of Uicra in Cana- dian waters, they cannot again take such vessels or things in tow to move them ftt.ther in Canadian waters; hut this aijd the preceding rule aro net to apply to an accidental parting of snch vessel by breaking hawser or other temporal y damages. 1. Foreign vessels shall be entitled to the foregoing priviloi/os only on condition of strict compliance with the provisions of the '•Customs Ai-A, 1883," respecting reporting inwards and outwards on entering and leaving Canadian porta by the masters of snch vessels. 8. Where vessels bring cargo or passengers from a foreis^n port consigned to more than one Canadian port, the masters of such vessels must make a full report of the whole contents at the first port of entry and distingnivh therein ibo itoms to be there landed and the ports at which ail other items are to be landcl 8uoh report must be made in duplicate, with an additional copy for each pucceeding vo \ at which there are goods to be landed ; and the Collector or proper officer of Ctistc ma shall matk each item in such report with the entry number, if entered, and in caee of any item landed and placed in sufferance \iF9rehouse without entry, it shall be marked with the letter " L " in said report ; duplicate copies to be filed at said ' first port of 8 «ntry, and the others to be carried with the veasel, and one to be filed at each sno- oeeding port of entry. 9. As required by section 234 of the Act 46 Victoria, chapter 12, before cited, the fee of 50 cents for each vessel not over 50 tons and $1 if over 50 tons shall be paid by each saoh vessel on reporting inwards, and the same on obtaining clearance oatwards, at each port she enters above the port of Montreal. 10. For any violation oi the requirements of these regulations the master or owner of any snob vessel shall b 3 subject to a fine of $(00, or such other fine or penalty provided by the Act 46 Yiotoria, chapter 12, before cited, as may be appli* oable to the case, and the vessel may be detained until such fine or penalty is paid. 11. Vessels fitted for and engaged in the deep sea fisheries are not included in these regulations. JOHN J. McGEB, Clerk Privy GounciL Circular 2io. 375. Customs Dkpabtmbnt, Ottawa, I7th Noveirber, 1886. Sib, — deferring to the regulations respecting the rights of foreign vessels in Canadian waters, approved by Order in Council passed on the lOta inst., copies of which are mailed herewith to your address, I have to remind you that they do not -establish any new rule or principle of action, but are intended to secure uniformity in practice ut all ports, and to prevent the frequent misunderstandings heretofore Arising on the questions involved. The regulations are in strict conformity with the rulings of this I)epartment for many past years, and will be found also to accord with the customs and navigation laws. I have farther to inform yon that these regulations do not invalidate, or alter is Any respect, the coasting regulations heretofore in force, as the latter are appropri- ate to Canadian and British or other vessels which have a right to tbe coasting ti«de of Canada, had the former only apply to foreign vessels. I would express the hope that you will carefully study so as to familiarize yoai>- flelf with thuse regulations, and that you will intelligently enforce their provisionB. I am, sir, your obedient servant, J. JOHNSON. The Collector of Customs, Port of To H No. 49. Sir L. 8, S. West to Lord Lansdowm, Washinq'a'on, 2':th May, 1887. Mt LeBD, — With reference to the report of a Committee of the Privy Council of Canada, approved by Tour EEcellenoy on the ^Ist March last, copy of which was transmitted to me by the Marquis ot Salisbury for cumraunioation to the United States Government, I have the honor «o enoloso to Tour Excellency herewith copies of a Treasury circular which has been issued regulating towing by American and Oani^ dian tugs. I have, &o., L. 8. SACKVILLB WBST. His Ezoellency the Marquis of Lansdowns, G.C.M.G,, &o. at each sao« iafore cited, ns shall be ig olearanoa 10 master or bor fine or »y be appli- alty is paid, iaoladed in OounciL r, 1886. a vessels in It., copies of they do not ) nniformity heretofore ity with the accord with , or alter ia |re appropri- lasting trade liarize yoau prorisions. » NSON. ', 1887. vy Goanoil which was lited States copies of a i and Oaniv i^SST. 9 Circular. — Towing by American and Canadian Tugs. TbEASURT DUPAEIMBNT, BuRiAU OF NaVIOATION, Washington, B.C., 23rd May, IS81. To Collectors of Castoma on the Northern, North-eaHtern and North western Frontiers of the United Stateti : Recent correspondence with the Canadian Government has resulted in an un- derstanding that the Canadian regulations in regard to the towing of vessels in Canadian waters and at Canadian ports by American tugs, shall be amended so as to extend to American tugs when in Canadian waters, " the same rights and privileges aa are granted to Canadian tugs in American waters." Complaint is made by the British Minister that the privileges co^ereu by section 4370, Bevisod Statutes, have not been extended to Canadian tugs when visiting American harbors in the apper lakes. The law upon the subject is as follows: — "All steam tug- boats not of the United States, found employed in towing documented vessels of the United States plying from one port or place in the same to another, shall be liable to a penalty of dfiy cent*) per ton on the measurement of every such vessel so towed by them respectively, which sum may be recovered by way of libel or suit. This section shall not apply to any case where the towing, ia whole or in part, is within or upon foreign waters. Any foreign railroad company or corporation, whose rond enters the United Slates by means of a ferry or tug-boat, may own such boat, and it shall be subject to no other or different restrictions or regulations in such employment than if owned by a citizen of the United States." The attention of the Customs officers is invited to the provisions of the statate, and said officers are hereby insttucted to allow Canadian tugs, when visiting American harbors of the upper lakes, such privileges as are accorded to them by tho section . C. B. MORTON, Commissioner. Approved : Hugh S. Thofmson, Acting Secretary . No. 142. Robert G, W, Herbert to the Officer Administering the Government of Canada. DowNiNO Strkit, 11th June, 1837. Mt Lord, — I am directed by the Secretary of State to transmit to you for com- munication to your Ministers with reference to his despatch No. 105, of the 4lh of May, the docamentfi specified in the annexed schedule. I have, &o., KOBBRT G. W. HERBERT. The Officer Administering the Government of Canada. Date. 2Dd Jane, 1837. DeRcription of Document. Foreign Office to Colonial Office. Transmits despatch and its enclosures from Minister at Washing loa respecting towing rights on Canadiau lakes. 1ft Foreign Office to the^Colonial Office, FoBiiGN OrFiOB, 2nd Jane, 1887. So, — I am directed by the Secretary of E^iAte for Foreign Affairs to transmit to yoa to be laid before Secretary Sir H. Holland with reference to your letter of 28th April the accompanying despatch and enolosares as marked in the margin giving correspondence with the United States Gk>vem- menfe respeoting towing rights on OanadiaVi lakes. Sir L. Weit, Ha 1ST. I am, &o,, I. V. LISTER. The Under Secretary of State, Oolonial OflSce. Sir L. S. West to the Marquis of Salisbury. Washington, 20th May, 1887. Mt Lobd,^! have the hoi^or to acknowledge the receipt of Your Lordship's despatch Ko. '.^9 of this series of the 30tb aitimo and to enclose to Tour Lordship herewith copy of a note which T addresHcd to the Secretary of State communicating the Bnbetance of a report from the Privy Council of Canada on the subject of eztend- ing to United States tugs in Canadian wateis the privileges now enjoyed by Canadian tags in United ^States waters, as well ae copy of the reply thereto expressing satisfaction at the recommendation of Privy Council in this respect. I have, &c., L. S* SACK7ILLB WEST. ^e Marquis of Salisbury, K.G„ &o. ng in Sir L. S. West to the Hon. T. F. Bayard. Washington, 10th May, 1887. Sib, — With reference to your cote of the 24th of September last in which you reqorsted to be informed whether or not Her Britannic Majesty's Government is willirpr to extend reciprocally to American tugs in Caradian waters the privileges "which Canadian tugs now enjoy in the waters of the United States, I huve the honor to inform yon that a Sub-Committee of tbe Privy Council of Canada to whom the qoMtfon was referred has reported as follows : The Sub Committee are unable to find any evidence that Canadian tugs in United Stateu waters have any privileges which have not been conceded to United States tags in Canadian waterr> except in tbe caee provided for under section 4370 of the Revised Statutes of the United States. Tbe gul>Coramittee ttate however that the privilege covered by this section has not been extended to Canadian tugs when visiting American harbors in the upper lakes of the Dominion, but the Sub-Com- mittee interpreting the section above quoted as extending to all harbors in the United States f-ituated in Lakes Ontario, Erie, Huron and Superior, and in the rivers con- necting t-aid lakee>, recommend that tbe icgulations governing tugging in Canada be amended to as to extend to Ameiican tugs when in Canadi'>n waters the same rights and privileges granted by the United States Govcrnmeni > Canadian tugs when in j&.merican waters. I have, &o., L, WEST. The Hon. T. F. Bayard. ne, 1887. transmit to >noe to your res as marked ates Gtovem- 'EB. ly, 1887. r Lordship's ar Lordship mmanioatioff ct of ezteii£ by Canadian expressing ; WEST. y, 1887. i which yott vernment is le privileges 7Q the honor whom the f^ in United nitod States 1 4370 of the ver that the tng8 when e 8ubCom« I the United I rivers con- Car ada be same rights gs when in ^EST. 11 The Hon. T. F. Bayard to Sir L. West. DiPARTHKMT 07 Stat>, Wabhinqton, 18th May, 1887. Sni, — I have the honor to acknowledge with cordial satit faction the receipt oT yoQi* note of the 10th instant, in which with reference toprevions correspondence on the Bnhject yon inform me that the regnlations governing tagging in Canada are to be r.mended bo as to extend to American tngs when in Cana^'an waters the Bam» rights and privileges granted by the American Government to Canadian tugs when in American waters. This Government trasts that the promised amendment of the Canadian regala- tions may be soon perfected, so that the commerce of the two oonntries on the lakes- may enjoy the mutaal benefits of the arrangement fully during the present season. I have, &o., T. P. BAYAED. The Hon. Sir L. S. Wmt, K.C.M.G. No. 178. Sir H. Holland to L«rd Lansdoume. Downing Stbebt, 1st July, 1887. Mt Lobd,— With reference to my despatch No. 142 of the 11th ultimo, and to previous correspondence, I have tbe honor to transmit to you, for the information ofyour Government, a copy of a United States Treasury circular respecting towing by American and Canadian tng boats, which has been received from Her Majesty's Minister at Washington. I have, &o., H. T.HOLLAND. Governor General, The Most Hon. the Marquis of Lansdowne, G.C.M.G. No. 19. Sir L. S. West to Lord Lansdowne. Washimqton, 28th March, 1888. Mt Lobd, — I have the honor to enclose to Your Lordship herewith copy of a despatch which I have addreseed to the Marquis of Salibbury based on a private letter from Mr. Sayard. I have, &o., L. S. SACKVILLB WEST. His Excellency the Marquis of Lansdowne, G.C.M.G., &c. Sir L, 8, West to the Marquis of Salisbury. Washington, 28th March, 1888. Mt Lobd, — I have the honor to inform your Lordehip that I have received a private letter from Mr. Bajard referring to correspondence relative to the establish- xaent of a reciprocal arrangeirent for rendering aid to vessels wrecked in the watera between the United Slates and Canada upon the terms proposed by the Act of Con< grees of the 19th of June, 18'!8, and informing me in view of the fact that a Bill is BOW pending in the Canadiri Parliament relative to this subject, that the President is ready 1o i^tue the |iroclaination contemplated by the above ment-ioued Act as soon as he ishall be officially notified of the readinees of Her Majesty's Government to accept the reciprocal arrangement tendered by the Act in question. I have forwarded copy of this despatch to the Marquis of Lansdowne. I have, &o., Harquis of Salisbury, K.G.,&o. L. WEST. 18 CORRESPONDENCE (65a) Eelating to the seizure of British vessels in Behring's Sea. CONTENTS. Lord Lanadowne to Sir H. Holland, Telegram, 3 Ist Haroh, 1887. Sir H. Holland to Lord Lanadowne, 23rd April, 18&7. do do do No. 116, llJth May, 1887. Sir B. G. W. Herbert to Lord Lanadowne, 27th May, 18S7. Sir H. Holland to Lord Lanadowne, No. 206, 14th Jaly, 1887. do do do No. 279, 15th Angaat, 1887. Lord Lanadowne to Sir H. Holland, No- 326, 19th Angaat, 1887. Sir H. Holland to Lord Lanadowne, lat September, 1887. do do do No. 308, lat September, 1887. do do do I6th September, 1887. Sir L. Weat do do No. 66, 23 Auguat, 1887. Lord Lanadowne to Sir H. Holland, No. 338, 27th August, 1887. Sir H. Holland to Lord Lanadowne, 14th September, 1887. Lord Lanadowne to Sir H. Holland, Telegram, 23rd September, 1887. do do do No. 372, 26ih September, 1887. Sir H. Holland to Lord Lanadowne, 8th October, 1887. Sir L. Weat do do No. 81, 14th October, 1887. Lord Lanadowne to Sir H. Holland, No. 403, 20th Ootober, 1887. do do do No -I'lg, 20th October, 188'/. Sir H. Holland to Lord Lanadowne, No. ..^S, 20th Ootober, 1887* do do do 4th November, 1887. do do do 16th Novem!)er, 1887. do do do No. 399, 24th November, 1887. do do do 7th December, 1887. Lord Lanadowne to Sir Henry Holland, i9th Janoary, 1887. Hir Lord Lansdtwme to Sir H. Holland, Slat March, 1887. Yeaaela now being htted out for thia year'a trip to Behring's Sea. Owners «nqaire whether, when not near lai , they may depend upon being unmolested by United States cruiaers. Pleaae reply by cable. LANSDOWNB. Sir JET. T. Holland to Lord Lanadowne. Downing Strut, 23rd April, 1887. WH^My Lord,— With reference to previoua correapondenoe, I have the honor t» transmit to yoa for communication to your Ministers, oopy of a letter from thtt n roh, 1887. Sea. Owners LD molested by •ril, 188t. the honor to iter from tho f*oreign Office enclosing copies ot two despatches from Her Majesty's Minister at- Washington on the subject of the Alaska fisheries question. 1 have, &c., H. T. HOLLAND. Governor General, the Most Honorable the Marqais of Lansdowne, G.C.M.G., &0t From Foreign Office to Colonial Office. FoKEiQN Offioi, 13th April, 1887. Sib, — With reference to yonr letter of the 2nd instant, I am directed by the- Sir L. 8. West, No. 84, Secretary of State for Foreign Affiairs to transmit to yoa, to be lUreh, 39, 1887. No. 88,' laid before Secretary Sir Henry Holland, copies of two des- Aprii 3, 1887. patches, as marked in the margin, on the subject of the Alaska fisheries question. I am, &o., J. PAUNCBFOTE. The Under Secretary of State, Colonial Office. Sir L. West to the Marqxds of Salisbury. Washington, 2cd April, 1887. Mt Lobb>— I have the honor to inform Yonr Lordship that the Commander of Hxe United States revenue cutter " Gallatin " has been cited to appear before th» Admiralty Court in the Boston District to answer to the allegation that in June last while in command of the United States steamer " Corwin " he took by force from the American schooner "Sierra" her arms and ammunition at a point in the open sea thirty miles north of Onnalaska, while she was navigating the waters of the North Pacific Ocean on a hunting and fishing expedition, tlius breaking up her yoyage to the damage of the plaintiffs of $22,500. I have instruoteid Her Majesty's Consul at Boston to watch this case and report the decision of the court. I hav^e, &o., L. WEST. The Marquis of Salisbury, E.G., &o. Sir L. West to the Marquis of Salitbury. Washington, 29th March, 1887. Mt Lobd, — I have the honor to report to Your Lordship that the United Statea Steamship " Thetis " has sailed from New York and will proceed round Cape Horn and up the west coast to Alaska. It is reported that the Secretary of the Treasury has received a letter from the Alaeka Commercial Company complaining that private parties are taking seals in the waters about Alaska, and asking for more revenue cutters to be sent for their protection. The oompa.'>v farther ask that the United States Government should prohibit all killing of seals within the eastern half of Behring's Sea, or from a point beginning at Behring's Straits and passing from the north-west end of St. Lawrence Island in a south-westerly direction to the island of Alton at the extreme westerly point of the Aleutian Archipelago. I nave, &c , L. S. S. WEST. The Marquis of Salisbury, E.G., &c. No. lis. Sir H. T, Holland to Lord Lansdowne. Downing Stbekt, 12th May, 1887. Mt LoBD, — I have the honor to transmit to you, for oommnnioation to yonr Ministers, ^itb reference to previous correspondence, a copy of a letter from the l/T 14 Foreign Offioe, enoloaiag a copy of a dospatoh fr >in Her Majesty's Minister at Wash- ington, respecting the seizare of British vessels engaged in seal fishing in Behring'a Sea U\st aotamn. I have, &0. H. T. HOLLAND. Goveriiior General, the Most Honorable the Marqais of Lansdowne, G.O.M.Gr. [Endosnre No 1.] The Foreign Office to the Colonial Office. FoKiiON Ofviob, 5th May, 188T. Sib, — With reference to the letter from this offioe of the 15th altimo, I am di- rected by the Marqais of Salisbary to transmit to yoa, to be laid before secretary Sir Henry Holland, a copy of a despatch, No. 97, dated 13th April, 1887, with its enclosures from Her Majesty's Minister at Washington, relative to the question of the seizure laot autumn in Behring's Sea of three British schooners engaged in seal fishing. Copies of the laws of the United Statos relating to Alaska to which referenee ia Tide n. S. Btotntes r« made in Mr. Bayard's note of the I2th ultimo to Sir L. West, are Alaska, sec. 1956-1971. also enclosed. I am, &c. P. W. CUKRIB. The Under Secretary of State, Colonial Office. [Bneloaora No. 2.J Bir L. 8. Wat to the Marquis of Salisbury. Washinoton, 13th April, 1887. Mt Lokd, — With reference to Your L')rdship's telegram No. 7 of 2nd instant, I have the honor to encloBe to your Lordship, herewith, copy of a note which I ad- dressed to the Secretary of State, as Wdll as copy of reply tiiereto, stating that the records of the judicial proceedings in oases of the British vessels seized in Behring's Sea, were received at the State Ddpartmeat on Saturday last, and are now under examination ; and thct the remoteness of the scene of the fur seal fisheries has delay- ed the Treasury officials in framing appropriate regulations, and issuing orders to tha United States police vessels, which information I had the honor to telegraph to Your Lordship this day. I have, &«., L. S. WEST. The Marquis of Salisbury, ILG., &o., &o., &o. [Eaclosara No. 3.] Sir L. S. We»t to Mr. Bayard. Wabhinqton, 4th April, 1887. Sir, — In view of the approaching fishing season in Be*^ ring's Sea, and the fitting out of vessels for fishing operations in those waters, Her Majesty's Government harve requested me to inquire whether the owners of such vessels may rely on being un- molested by the cruisers of the Uaited Scates when not near land. Hor Majesty's Government are also desirous to know whether the documents referred to in your nolo of 3rd February last, connected witti the soi zure of certain British vessels beyond the three-mile limit, and legal proceedings connected therewith, have been received, and I have the honor, therefore, to request you to be good enough to enable me to reply to their inquiries on the part of Her Majesty's Govern- ment with as little delay as possible. I have, &c., L. S. WEST. The Hon. T. F. Bayard, &o., &o., &c iniBter at Wasli- ng in BehriDg's :OLLA.ND. ,O.M.Gr. May, 1887. iltimo, I am di- ire secretary Sir , 1887, witb its the qnefltion of engaged in seal ioh referenee is 3ir L. West, are . CUBSIB. A-pril, 1887. of 2Dd instant, I lote which I ad- itating that the Bed in Behring'a are now ander lerioB hau delay- ng orders to the to telegraph to J. WEST. A.pril, 1887. , and the fitting >7ernment hanra )ly on being an- the docamenta lizare of certain eoted therewith, yoa to be good Majesty's Govem- WE3T. IB [Boclosaie Vo. 4.] I Mr. Secretary Bayard to Sir L. Went. DiPAKTMiNT OF Statb, Washinoton, 12th April, 1887. Sn, — I have the honor to acknowledge yoar note of 4i.h instant, relative to the fisheries in Behriag's Sea, and inquiring whether the docamonts referred to in mv note of 3rd February, relating to the cases of seizure in those waters of vesaela charged with violating the laws of the United States regulating the killing of for seals, had been received. The records of the judicial proceedings in the cases in thtt Diatrict Coart in Alaska referred to were only roceived at this department on Satur- day la-^t, and are now nnder examination. The remoteness of the scene of the fur seal fisheries, and the special peculiarities <^that indostry, have unavoidably ddlayed the Treasury officials in framing regula- tions and issaing orders to United States vessels to police the Alaskan waters for the protection of the fur seals from indiscriminate slaughter and consequent speedy extermination. The laws of the United States in this behalf are contained in the Revised St-itutes relating to Alaska, in section 1956-1971, and have been in force for upwards of 17 years, and prior to the seizures of last summer but a single infraction is known to have occurred, and that was promptly punished. The question of instructions to Government vessels in regard to preventing thtt indiscriminate killing of fur seals, is now being considereJ, and [ will inform you at the earliest day possible what has been decided, so that British and other vessels visiting the waters in question can govern themselves accordingly. Hon. Sir L. Wbst, ko., &o., &o. I have, &Q., T. F. BAYARD. ANNEX. Chaftkb III. Provisions relating to the Unorganized Territory of Alaska. Seetioa. 1^54. Cnatoms, &c., laws extended to Alaska. 1955. Importation of fire-arms and distilled spirits may be prohibited. 1956. Killing of fur-bearing animals prohibited. 1957. What courts to have juriudiction of offences. 1958. Remission of fines, &(). 1959. ^int Paul and Saint George Islands declared special reservations. 1960. Killing of seal upon them prohibited except in certain months. 1961. Killing of certain seal prohibited. 1962. Limit to number of seals to be killed. 1963. Right to take seal may be leased. 1964. Bond. 1&65. Who may lease. 1966. Covenants in lease. 1967. Penally. 1968. Penalty upon leases. 1969. Tax upon seal skins. 1970. Lease may be terminated. 1971. Lessees to furnish copies to masters of their vessels. 1972. Certain ceotions may be altered. 1973. Agents and assistants to manage seal fisheries. 1974. Their pay, &c. 1975u Not to be interested in right to take seals. 1976. Agents may administer certain oaths and take testimony. rihi'>Gii9#!.'55. The President shall have power to restrict and regalate or to pro- hibit the importation and use of fire-arms, ammunition, and distilled spirits, into and inthin the Territory of Alaska ; the exportation of the same from any other port or place in the United States, when destined to any port or place in that territoir^ and all such arms, ammanition, and distilled spirits, exported or attempted to be exported fVom any port or place in the United States and destined for such Terri- tory, in violation of any regulations that may be prescribed under this section, and all such arms, ammunition, and distilled spirits, landed or attempted to be landed or used at any port or place in .the territory, in violation of such regulations, shall be forfeited ; and if the value of the same exceeds $400 the vessel upon which the same is found, or from which they have been landed, together with her tackle, apparel and furniture, and cargo, shall be forfeited ; and any person wilfully violating snob regulations shall be fined not more than $500, or imprisoned not more than six months* Bonds may be required for a faithful observance of such regulations from the master or owners of any vessel departing from any port in the United States having on board fire-arms, ammunition, or distilled spirits, when such vessel is destined to^any place in the territory, or if not so destined, when there is reason- able ground of suspicion that such articles are intended to be landed therein in violation of law ; and similar bonds may also be required on the landing of any such articles in the territory from the person to whom the same may be consigned. Sec. 1956. No person shall kill any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal, within the limits of Alaska Territoiy, or in the waters thereof; and every person guilty thereof shall, for each olfence, be fined not less than $200 nor more than $1,000, or imprisoned not more than six months, or Itoth ; and all vessels, their tackle, apparel, farnitare, and cargo, found engaged in violation of this section shall be forfeited ; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur- bearing animal, except fur-seals, under such regulations as he may prescribe ; and it i^all be the duty of the Secretary to prevent the killing of any fur-seal, and to pro- Tide for the execution of the provisioDS of this section until it is otherwise provided by law ; nor shall he grant any special privileges under this section. Sec. 1957. Until otherwise providea by law, all violations q^ this chapter, and of the several laws hereby extended to the Territory of Alaska and the waters there- of, oonamlttod within limits of the same, shall be proaecutod in any district court of the United States in Oalifornia or Oregon, or in the district courts of Washiogtoa ; and the collector and deputy collectors appointed for Alaska Territory, and any per- son authorized in writing by either of them, or by tlje secretary of the Treasury, shall have power to arrest persons and seize vessels and merchandize liable to fines, penalties or forfeitures under this and the other laws extended over the territory, and to keep and deliver the same to the marshal of eome one of such courts ; And such courts shall hAve original jurisdiction, and may take cognizance of all cases arising under this Act and the several laws hereby extended over the territory, and shall proceed therein in the same manner and with the like effect as if such oases had arisen within the district or territory where the proceedings ar.-^ brought. Seo. 1958. In all cases of fine, penalty or forfeiture embraced in the Act approved the 3rd March, 1797, ch. 13, or mentioned in any Act in addition to or amendatory of auch Act, that have occurred or may occur in the collection district of Alaska, the secretary of the Treasury is authorized, if, in his opinion, the fine, penalty or forfei- ture was incurred without wilful negligence or intention of fraud, to ascertain the facts in such manner and under such regulations as he may deem proper without regard to the provisions of the Act above referred to, and upon the facts so to be^ ascertained he may exercise all the power of remission conferred upon him by that n )e s, oomm«roe, and )d waters of the Freaty ooooladed le same may be l^late or to pro- I Bpirits, into and n any other port D that territory, attempted to be )d for such Terri- this seotioD, and 1 to be landed or [olations, shall be upon which the with her tackle, wilfully violating d not more than such regulations trt in the United when saoh vessrt Q there is reason* landed therein in iding of any snoh ooDsigned. »le, or far-seal, or or in the waters fined not less six months, or iQnd engaged in a Treasury shall Die, or other fur- prescribe; and it -seal, and to pro- herwise provided t. this chapter, and the waters there- district oourt of i of Washiogtoa ; >ry, and any per- il the Treasury, ise liable to fines, ver the territory, Boch courts ; and sance ot all oases ihe territory, and t as if such oases :) brought, the Act approved to or amendatory iot of Alaska, the penalty or forfei- , to ascertain the a. proper without the facts so to b& ipon him by that Act, as fully as he might have done had each facts been ascertained under and according to the provi^iuns of that Act. Sec. l'.)59. The i^landH of Saint Paul and Saint George, in Alaska, are declared a special reservation for Government purposes ; and until otherwJHe provided by law it shall be unlawful for any person to land or temain on either of thone islande, except by the authority of the Secretary of the Treasury ; and any person found on either of those islandd, contrary to the provisions hereof, thall bo summarily removed; and it shall be the du'y of the Secretary of War to curry this section into effect. Sec. 1960. It shall be unlawful to kill any fur-Beal upon the lel&nds of Saint Paul and Snint George, or in iho waters adjuent thereto except during the months of June, July, Soptomber, and October in etich year ; and it shall be unlawful to kill such sealH at any lime by the uho of firearmH, or by other means tendirg to drive the seals away from those iulands ; but the nativcn of the it-Iacds shill b&vu the piivilege of killing such young Heals as may bo ne(;e(«88ry for their own food acd clothing during other months, and also such old seaU as may be required for their owu cloth- ing, and for the manufacture of boats for their own use ; and the killiner in puch cases shall be limited and controlled by such regulations as may be presci ibod by the Sec- retary of the Tnasury. St'o. 1961. It shall bo unlawful to kill any fomalo seal, or any seal losi^ than one year old, at any Heafon of the year, except aw above provided ; atd it i-hall alto bo un- lawful to kill any fi