No. 273.
Sir Edward
Thornton to Mr. Fish.
Sir: Since the signature of the treaty of May 8, 1871, between the United States and Great Britain, you have on several occasions been good enough to inform me that, in conformity with the engagement contained in the 27th article of that treaty, the President had made a representation to the governor of the State of New York, urging that the use of the canals in that State should be allowed to the subjects of Her Britannic Majesty on term of equality with the inhabitants of the United States.
You also communicated to me the nature of his excellency’s reply, to the effect that he believed that there were no laws of the State of New York which prohibited the equal use of the canals by British subjects and American citizens, and subsequently, in compliance with my wish, you had the kindness, on the 27th of April last, to forward me a copy of the letter which the President had received upon the subject referred to from his excellency Governor Hoffman.
I had much pleasure in transmitting a copy of his excellency’s letter to Her Majesty’s government and to the governor-general of Canada.
But I have just received a dispatch from the Earl of Dufferin, transmitting copy of a report of a committee of the privy council of the Dominion, of the 12th instant, in which it is stated that whilst all the Canadian canals have been freely opened to vessels of the United States on payment of the same tolls and charges as are exacted from British or Canadian vessels, the latter are entirely excluded from the use of any and all of the canals within United States territory except the Sault Ste. Marie [Page 643] Canal, and that thus, while United States barges and other vessels, with or without cargo, clearing from ports upon the Hudson River, are allowed to pass through the Chambly Canal to the St. Lawrence, and thence from Montreal, through the Lachine Canal, and through the canals on the Ottawa to the city of Ottawa, or any other destination, British or Canadian vessels, loading at Ottawa or at any other Canadian port, or even in ballast, are prohibited from passing Whitehall through the Cham plain Canal to the Hudson River, in the State of New York. The same prohibitory policy, as the report further states, obtains generally in reference to the use of the Erie and other canals connecting navigable waters within the territory of the United States.
As this policy seems to be entirely at variance with the opinion expressed by the governor of the State of New York in his letter to the President of December 4, 1871, and considering that over three years have passed, during which the Canadian government has been faithfully acting upon the spirit of the treaty, permitting the use of their numerous canals in as full and unrestricted a manner as that accorded to their own vessels, whilst the latter have enjoyed no reciprocity with regard to the canals in the United States, I nave the honor to request that inquiries may be made as to the prohibition complained of, which seems so contrary to the spirit of the above mentioned letter of the governor of the State of New York, and to suggest that further representations may be made with a view to the enjoyment by British and Canadian vessels of the use of the canals in accordance with the 27th article of the treaty of Washington.
I have, &c.,