No. 228.
Mr. Evarts
to Sir Edward Thornton.
Washington, July 30, 1879.
Sir: Information has been received from the consul of the United States at Winnipeg, Manitoba, to the effect that, in consequence of instructions addressed by the Canadian commissioner of customs to the collector at Winnipeg, the privileges heretofore accorded to American vessels navigating the Red River within the province of Manitoba have been withdrawn.
Pursuant to an order of the governor-general of Canada, issued on the 13th of June, 1871, American vessels destined for Winnipeg, upon the Red River, were permitted, after reporting at the frontier port of North Pembina, and paying the requisite duties upon merchandise destined for points between that port and Winnipeg, to land the same at the places of destination; but under the recent instructions of the 3d of April last this privilege is not allowed to American vessels, except to barges in tow of Canadian steamers. American steamers and sailing-vessels are, therefore, compelled, under the recent order, to discharge their cargoes at Pembina, and thus excluded from the free navigation of the Red River and the delivery of merchandise at points within the province of Manitoba.
I have the honor to call your attention to the fact that the Canadian authorities, in imposing upon American navigation the restrictions above adverted to, virtually deny to American vessels the privileges granted to Canadian vessels navigating that portion of the Red River lying within the United States, for, under section 3102 of the Revised Statutes of the United States, a Canadian vessel may avoid unlading at the American port of Pembina, and unlade her cargo at anyplace above that port if her cargo shall have been sealed or closed by a United States officer in Pembina.
In addition to denying reciprocal advantages to American navigation within the province of Manitoba, the recent order of the Canadian commissioner of customs is liable to come in direct conflict with the stipulations of the second clause of Article XXX of the Treaty of Washington concluded May 8, 1871, which permits citizens “to carry in United States vessels, without payment of duty, goods, wares, or merchandise from one port or place within the possessions of Her Britannic Majesty in North America to another port or place within the said possessions: Provided, That a portion of such transportation is made through the territory of the United States by land-carriage and in bond, under such rules and regulations as may be agreed upon between the Government of the United States and the Government of Her Britannic Majesty.”
[Page 504]The regulations here contemplated, as you are aware, have been fully agreed upon between the two governments.
It is desired that these views may be brought to the attention of the Canadian Government in the hope that, upon due consideration of the subject, that government will take the necessary official action to remove the restrictions which appear to have been imposed upon American navigation in the waters of Manitoba, by the recent order of the Canadian commissioner of customs.
I have, &c.,