No. 277.
Mr. Fish
to Sir Edward Thornton.
Department
of State,
Washington, December 8,
1874.
Sir: In your note of the 23d of November last, you
informed me that you had received a dispatch from the Earl of Dufferin,
transmitting a
[Page 647]
copy of a report of
a committee of the privy council of the Dominion of Canada, in which it is
stated that whilst all the Canadian canals have been opened to vessels of
the United States, Canadian vessels are entirely excluded from all the
canals of the United States, and particular reference was made to the canals
of New York. A copy of your note was transmitted to the governor of the
State of New York, and his attention called to the complaint.
I herewith inclose you a copy of the reply of the governor of New York, and
of the reports and correspondence which accompanied it.
I have, &c.,
[Inclosure.]
Governor Dix to Mr.
Fish.
State
of New York, Executive Chamber,
Albany, December 4,
1874.
Sir: On the receipt of your communication of
the 24th ultimo, I referred it, with the accompanying documents, to the
auditor of the canal department for a report. I inclose a copy of his
letter to me, a copy of the letter from him to the canal collector at
Whitehall, and the reply (original) of the latter; also, a copy of a
telegraphic dispatch of the auditor to the collector, and an original
telegraphic dispatch from the latter in reply. It appears by these paper
that British subjects are allowed to navigate on canals on terms of
equality with citizens of the United States, and that the Canadian
authorities have been misinformed in regard to the exclusion of British
or Canadian vessels from the Champlain Canal at Whitehall.
In his annual message, in January, 1872, Governor Hoffman called the
attention of the legislature to the subject, in pursuance of the request
of the President of the United States, and submitted the 27th article of
the treaty of the 8th of May, 1871, between the United States and Great
Britain, recommending the prompt passage of any laws which might be
necessary for the fulfillment of the agreement on the part of the
Federal Government. No laws were passed for the reason that there were
no restrictions to be removed.
I have the honor to be, your obedient servant,
Hon. Hamilton Fish,
Secretary of State.
[Subinclosure 1.]
Mr. Thayer to
Governor Dix.
State
of New York, Canal Department,
Albany, November 30,
1874.
My dear Sir: I am in receipt, through you, of
communications from the Department of State at Washington, referring our
State government to alleged violations of article 27 of the treaty of
Washington.
The laws of the State and canal regulations give to American citizens and
British subjects equal rights and privileges in navigating all our
canals, and this department has not, to my knowledge, before been
advised of any violation of said article. The charges made are general,
and for this reason difficult of investigation; hence, I beg leave to
suggest that the Canadian government be respectfully asked to cite some
particular case of grievance, giving date, name of boat, master,
&c., &c., and should the matter again be referred to this
department, I assure your excellency that it will receive prompt and
faithful attention.
With great respect, I am, your obedient servant,
FRANCIS S. THAYER,
Auditor of the
Canal Department.
To his excellency John A. Dix,
Governor, &c.
[Page 648]
[Subinclosure 2.]
Mr Thayer to Mr.
Wilkins.
State
of New York, Canal Department,
Albany, November 30,
1874.
Dear Sir: It is alleged by authorities of
Canada that since the spring of 1871 the citizens of the Dominion have
been denied the right to navigate the Champlain Canal with their boats.
There never has been a statute or regulation of this State which would
exclude the citizens of Canada, or any other state or government, from
the use of our canals upon equal terms with our own citizens, and no
specific complaint has been made to this department by any citizen of
Canada that they have been denied the use of our canals. But the
government of Canada complain to our Government at Washington that boats
owned and loaded in Canada, upon arrival at Whitehall, and desiring to
proceed through the Champlain Canal, have been refused a clearance. Has
any such case occurred during your term of office? If so, under what
authority were such boats excluded? Washington I. Smith and Samuel L.
Dwight were collectors in 1871, 1872, and 1873. I wish you would consult
with them and ascertain whether any Canada boats were denied clearances
during their terms, and, if so, upon w-hat grounds, and by what
authority. Please reply promptly and fully.
Yours, truly,
FRANCIS S. THAYER, Auditor.
W. A. Wilkins, Esq.,
Canal Collector, Whitehall, N. Y.
[Subinclosure 3.]
Mr. Wilkins to Mr.
Thayer.
Whitehall, N, Y., December 1, 1874.
Dear Sir: In reply to yours of November 30, I
would say that, during my term of office, no Canada boat has made
application for a clearance.
Mr. Dwight, my predecessor, informs me that no boat ever applied for a
clearance during his term hailing from Canada.
W. I. Smith, who preceded Mr. Dwight, is at Saint Louis, but his head
clerk has no recollection of any Canada boat ever making application for
a clearance.
Had any applied we should have granted them a clearance, if they had
conformed with the law.
Very respectfully, yours,
W. A. WILKINS, Collector.
[Subinclosure 4.]
Mr. Thayer to Mr.
Wilkins.
[Telegram.]
Albany, November 30,
1874.
Have British or Canadian boats, loading at any Canadian port or in
ballast, ever been prohibited by you from passing Whitehall through the
Champlain Canal to the Hudson River?
- FRANCIS S. THAYER, Auditor.
- Collector Canal-Tolls,
Whitehall.
[Subinclosure 5.]
Mr. Ingalls to Mr.
Thayer.
[Telegram.]
Whitehall, November 30,
1874. (Received at Albany, November
30.)
No, sir.
- J. W. INGALLS,
First Clerk.
(Collector absent.)
- Francis S. Thayer, Auditor.
