Mr. White to Mr. Foster.

No. 815.]

Sir: Referring to your instruction, numbered 906, of the 6th instant, I have the honor to inclose herewith a copy of a note which I addressed to the Earl of Rosebery on the 20th instant, transmitting the correspondence between yourself and Her Majesty’s chargé d’affaires at Washington, relative to the alleged action of the Canadian Pacific Railway Company in transporting Chinese into the United States in violation of our laws, and inquiring whether the declarations of the Government of Canada, as conveyed in Mr. Herbert’s note of September 29, that “the Government of the Dominion does not charge itself with the duty of enforcing measures of restriction adopted by a foreign government with regard to access to its territories by persons of other nationalties,” are to be taken as a declination by Her Majesty’s Government of the overture of that of the United States for a treaty regulating the border immigration of Chinese persons inhibited by the laws of the United States.

I also inclose herewith the copy of a note which I have received from Lord Rosebery in reply.

I have, etc.,

Henry White.
[Inclosure 1 in No. 815.]

Mr. White to Lord Rosebery.

My Lord: I have the honor to inclose herewith copies of correspondence which has recently taken place between the Secretary of State and Her Majesty’s chargé d’affaires at Washington, relative to the alleged action of the Canadian Pacific Railway Company in transporting Chinese persons into the United States in violation of existing law.

It will be observed that Mr. Foster, in his note of August 10 last, to Mr. Herbert, presented the matter as it was then understood at the Department of State, and referred to the ineffectual negotiations which this legation was charged to enter into, pursuant to instructions from the Secretary of State, in October, 1890, based upon the concurrent resolution of the Senate and House of Representatives of the United States, inviting negotiations with Great Britain with a view to securing treaty stipulations for the prevention of the entry of Chinese laborers from the Dominion of Canada, contrary to our laws.

Mr. Herbert’s note of September 29, in reply, disclaims any act on the part of the Canadian Pacific Railway Company violative of our statutes respecting the introduction of Chinese persons, and, with reference to Mr. Foster’s intimation that the action complained of seemed to show an indifference or lack of friendliness on the part of the Canadian government, he observes that, while the Canadian government is entirely friendly to the United States in such matters, it does not charge itself with executing or enforcing our laws.

[Page 237]

To this note Mr. Foster replied on the 3d instant, expressing his gratification at the denial of the Canadian Pacific Railway Company and saying that if the reply of the government of Canada had communicated, with friendly acquiescence, the sentiments and purposes of the railway authorities, the purport of which had previously been made known to him, his acknowledgment thereof would have been an agreeable duty. After commenting upon the statements of the Canadian privy council, Mr. Foster refers to the friendly and neighborly interests that prompted the treaty proposal of October, 1890, which I had the honor to lay before Lord Salisbury in an interview with his lordship on the 5th November, 1890, and substantiates his statements touching the indifference with which it had been treated by Canada.

On the 4th instant Mr. Foster received Mr Herbert’s note, dated the 2d, supplementing that of September 29 last, by communicating a copy of an approved, minute of the Canadian privy council further relating to the alleged action of the Canadian Pacific Railway Company; and he replied thereto on the 4th instant, expressing his pleasure at the character of the communications of the vice-president of that railway company, which fully bears out Mr. Foster’s understanding of the favorable disposition of the company and of its desire to respect our laws by taking all necessary precautions to prevent the unlawful introduction of Chinese into the United States.

I have the honor to acquaint your lordship that I am instructed by my Government to communicate the inclosed correspondence to your lordship and to inquire whether the declarations of the government of Canada, as conveyed in Mr. Herbert’s note of the 29th ultimo, that “the government of the Dominion does not charge itself with the duty of enforcing measures of restriction adopted by a foreign government with regard to access to its territories by persons of other nationalities,” are to be taken as a declination by Her Majesty’s Government of the overture of my Government for a treaty regulating the border emigration of Chinese persons inhibited by our laws.

I have, etc.,

Henry White.
[Inclosure 2 in No. 815.]

Lord Rosebery to Mr. White.

Sir: I have the honor to acknowledge the receipt of your note of the 20th instant, forwarding copies of correspondence which has recently taken place between the Secretary of State and Her Majesty’s chargé d’affaires at Washington, relative to the alleged action of the Canadian Pacific Railway Company in transporting Chinese subjects into the United States in violation of existing laws.

The question raised in your note will receive due consideration, and I shall have the honor of addressing you a further communication on the subject.

I have, etc.,

Rosebery.