Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1889
Mr. Wharton to Mr. Lincoln.
Washington , August 26, 1889.
Sir: Referring to Mr. Bayard’s instruction, No. 1089, to Mr. White, concerning the demand of this Government for certain reciprocal privileges for American vessels in Canadian ports, I now inclose herewith for your information a copy of a dispatch from our consul-general at Halifax, relative to a memorandum of the customs department of the Government of the Dominion of Canada, requiring a certificate from the shipping commissioner that captains of foreign vessels have complied with the provisions of section 32, chapter 74, of the Revised Statutes of Canada, 1886; and, also, calling attention to the discrimination in pilot dues made in the port of Halifax.
I also inclose for your information a copy of the letter from the Treasury Department, which is referred to in Mr. Bayard’s instruction, No. 1089; and, also, of a communication from the same Department relative to the questions raised by Mr. Phelan’s dispatch, No. 310. Copies will be sent you of any further correspondence which may be had with the Treasury Department.
In view of the fact that Her Majesty’s Government has not answered the complaints contained in Mr. Bayard’s instruction No. 1089, and of the new complaint as to pilot dues brought to notice by Mr. Phelan’s dispatch, No. 310, you are instructed to press the subject upon the attention of Her Britannic Majesty’s Government, with a view to having the matter properly adjusted between Her Majesty’s Government and the Government of the United States.
I am, etc.,
Mr. Bayard to Mr. Fairchild.
Washington , February 15, 1889.
Sir: I have the honor to inclose herewith a copy of a dispatch, No. 173, of the 22d ultimo, from the United States consul at St. John, New Brunswick, in relation to the shipment of seamen on American vessels in that port.
As you are aware, the laws in the United States provide that all seamen shipped on board of American vessels in foreign ports shall sign articles before the United States consular officers there. This provision is enforced by appropriate penalties.
[Page 458]By the Canadian “Seamen’s act” of 1886, the requirement that the shipment of crews of vessels in Canadian ports shall be before a Canadian shipping master is extended to foreign vessels, but there is a saving clause in favor of vessels belonging to countries between which and Great Britain there is a treaty exempting vessels of those countries from the operation of the law in question.
Whether under this clause or no, it is believed that it has not been the practice in Canadian ports generally, and certainly not in some of them, to require American vessels to ship seamen before Canadian snipping masters.
The Department was, however, recently informed that the consul at St. John had in some instances authenticated articles entered into and signed by masters and seamen of American vessels before the Canadian shipping master at that port, and that he had not required the seamen to be brought to the consulate to sign articles in the form and under the restrictions prescribed by our law. Thereupon the Department directed him to discontinue such practice, and to observe strictly the requirements of the United States Statutes.
Being so instructed, the consul, on a recent occasion, shipped seamen on an American vessel at his consulate, and when objection was made by the Canadian shipping master, informed him that in the future he should be obliged to ship seamen on American vessels himself, and to abstain from authenticating the Canadian articles.
This announcement called forth the letter from the shipping master to the consul of the 21st ultimo, herewith inclosed, in which the shipping master informs the consul that if hereafter seamen required for American vessels are not shipped in the former’s office, he shall be obliged to take legal steps to enforce compliance with the Canadian act.
The Department contemplates bringing the subject to the attention of her Britannic Majesty’s Government as being a matter of much importance affecting the internal discipline of vessels of the United States entering Canadian ports. But before taking this step, I should be glad to have the views of the Treasury Department on the subject, and a statement of what the law and practice are within the United States, with a view to ascertain how far, if at all, the laws of this country control or regulate the subject.
It is important that an early reply be sent to this communication.
I have, etc.,
Mr. Fairchild to Mr. Bayard.
Sir: I have the honor to acknowledge the receipt of your letter, dated the 15th instant, relative to the shipment of seamen on American vessels at St. John, New Brunswick.
It appears that the United States consul at St. John, in some instances, has authenticated articles entered into and signed by masters and seamen of American vessels before the Canadian shipping master at that place, and that on discontinuing such practice he was informed by the Canadian shipping master that if hereafter seamen required for an American vessel are not shipped in the shipping master’s office the latter will be obliged to take legal steps to enforce compliance with the Canadian act.
As a reply to your request for the views of this Department upon the subject, and for a statement of what the law and practice are within the United States, I have the honor to inform you that, while under a strict construction of the terms of sections 4511 and 4512, Revised Statutes, shipments on foreign vessels in the United States before United States shipping commissioners might be enforced, the law has never received such a construction, and shipments on such vessels have invariably been exempted from its operation, and allowed to be made before the foreign consular officer in accordance with the foreign regulations, on the ground that such action was demanded by international comity. This Department does not recall any instance at present, oilier than that above mentioned, in which a foreign government does not reciprocate by allowing our consular officers to take action as regards shipments in accordance with the instructions embodied in the Consular Regulations.
Should it be made satisfactorily to appear to this Department that the Canadian Government is an exception to this rule, and that it approves of the action of the shipping master at St. John, in not permitting the shipment of seamen upon American vessels to be made at that port before our consular officers, I shall deem it my duty to instruct the officers of this Department, charged with the execution of the laws of the United States upon the subject, to require that all shipments of seamen [Page 459] Upon British vessels in American ports shall be made before United States shipping commissioners, and not before foreign consular officers, as has been the practice heretofore.
The action of your Department in instructing the United States consul at St. John to discontinue the authentication of articles signed before the Canadian officer accords with the views of this Department, which heartily approves the intention you express of bringing the matter to the attention of the British Government, and is strongly of the opinion that the present instructions of this Government upon the subject, as set forth in the Consular Regulations, should continue to be observed, as necessary to the interests of American shipping in foreign ports.
The United States courts take notice in analogous cases of foreign law, and, in exercising jurisdiction, administer relief by comity in accordance with the flag of the vessel.
(The Olga, 32 Fed. Rep., 330. The Brantford City, 29 Fed. Rep., 372. The John Ritsan, 35 Fed. Rep.)
Respectfully, etc.,
Secretary.
Mr. Phelan to Mr. Wharton.
Halifax, Nova Scotia , June 15, 1889.
Sir: I have the honor to inclose herewith a circular just distributed to the collectors of customs instructing them to refuse clearance to foreign vessels unless the captains of such vessels shall produce a certificate from the shipping commissioner that such captain has complied with section 32, chapter 74, Revised Statutes of Canada, 1886.
Only a few weeks ago an order in council was issued to inspect the two American steam-ships of the Boston, Halifax and Prince Edward Island Steam-ship Company. We could not object to this as we compel foreign steamers in our ports to produce a certificate of inspection. Nor can we object to the rule requiring a certificate from the pilot commissioners showing that the pilotage was paid, because it is general and applies to all vessels alike. The new order applies only to foreign vessels, being especially directed to American vessels. It makes the captains of the two American steamers, which call here weekly, and which never have business with the shipping master, go to his office and obtain a certificate that the section of the law quoted has been complied with before they can get a clearance.
In this connection I would invite your attention to the discrimination in pilot dues in this port. American vessels of 80 tons and over are liable to pilotage, which is practically compulsory, while Canadian vessels are exempt up to 120 tons. The regulations for our ports should be so adjusted as to mete out exact justice to Canadian vessels by treating them as our vessels are treated in Canadian ports.
I am, etc.
Circular to Canadian collectors of customs.
memorandum.
Collector of Customs, Port of——.
“Shipping master’s certificate.”
The undersigned is instructed by the minister of customs to call your attention to section 32, chapter 74, Revised Statutes of Canada, 1886, and to inform you that he is advised that the provisions of said section apply to foreign vessels, including, of course, vessels of the United States, and you should, therefore, refuse clearance in all cases until “the shipping master’s certificate to the effect that all requirements [Page 460] of this act have been complied with, or to the effect that the agreement is in his office partially signed, waiting an engagement of a portion of the crew, as the case may be,” has been produced by the master or proper officer of the ship.
Commissioner.
Mr. Blaine to Mr. Windom.
Washington , June 26, 1889.
Sir: I have the honor to inclose herewith for your information a copy of dispatch No. 310 of the 15th instant from our Consul General at Halifax in relation to a circular recently issued to the collectors of customs of Canada, by order of the minister of customs, instructing them to refuse clearance to foreign vessels unless the captains of such vessels shall produce a certificate from the shipping commissioner that such captains have complied with section 32, chapter 74, Revised Statutes of Canada, 1886. He also calls attention to the discrimination in pilot dues at that port.
I have, etc.,
Mr. Windom to Mr. Blaine .
Sir: I have the honor to acknowledge the receipt of your letter dated the 26th ultimo, with which you inclose for my information a copy of dispatch No. 310, from the United States consul-general at Halifax.
The consul-general reports that a circular has been distributed to Canadian collectors of customs by the Government of Canada, instructing them to refuse clearance to foreign vessels, including those of the United States, unless the master in each case produces a certificate from the shipping commissioner that the captain has complied with section 32, chapter 74 of the Revised Statutes of Canada, 1886. The consul-general also refers to the fact that American vessels of 80 tons and over are liable to pilotage, which is practically compulsory, while Canadian vessels are exempted if under 120 tons in burden.
The opinion of this Department, as regards the compliance by masters of American vessels with Canadian shipping regulations, was set forth in a letter addressed to your predecessor February 25, 1889, in which it was stated that the action of your Department in instructing the United States consul at St. John to discontinue the authentication of articles signed before the Canadian shipping officer accorded with the views of this Department, and was heartily approved. It was stated further that the existing instructions of this Government, as set forth in the Consular Regulations, should continue to be observed as necessary to the interests of American shipping in foreign ports.
Respectfully, etc.,
Secretary.