Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 5, 1892

Mr. Herbert to Mr. Foster.

British Legation,
Newport, July 16, 1892. (Received July 18.)

Dear Mr. Foster: I have received a communication from Sir John Abbott, the prime minister of Canada, in which he informs me that he has learned with surprise and regret, on examination of Mr. Adee’s memorandum on the subject of the Welland Canal tolls, which accompanied the President’s message to Congress of the 1st instant, that an error occurred in the order in council which was issued in April last in regard to the said tolls.

It was not the intention of the Canadian Government to continue to shippers from Lake Ontario the privilege which was accorded them during the season of 1891 of availing themselves of the rebate on passing through the St. Lawrence canals to Montreal. But if it had been decided to do so United States citizens on the south side of Lake Ontario would have been allowed the same privilege.

Sir John Abbott states that when the draft order in council was being considered, a lengthy discussion took place as to other points contained in it, which diverted attention from the provision as to Lake Ontario shipments, and when that discussion closed, the order in council was passed without noticing that the provision of the order in council of 1891 was continued.

When the Canadian government learned from Mr. Adee’s memorandum of the error which had been committed, it was immediately decided to cancel that portion of the order which restricted to Canadian subjects the privilege of obtaining a rebate on the St. Lawrence canals on shipments from Lake Ontario, and to extend that privilege to United States citizens shipping freight from the United States side of the lake. As the simplest mode of dealing with the matter, a new order in council was framed on the 12th instant, copy of which I inclose for your information, amending the order in council of the 4th of April last, and making the amendments operative from that date.

Sir John Abbott points out at the same time that Mr. Adee is in error in stating that the clause as to shipments from Canadian Lake Ontario ports appears for the first time in the order in council of last April, as in reality it was contained in the order of April 29, 1891, of which I also inclose a copy.

In bringing this matter to your notice I am requested to convey to you the regrets of the Canadian government for the mistake which has so unfortunately been committed.

Believe me, etc.

Michael H. Herbert.

[Inclosure No. 1.]

Order in council.

At the Government House at Ottawa,
Wednesday, the 29th day of April, 1891.

Present, his excellency the Governor-General, in council.

His excellency, under the authority conferred upon him by chapter 37 of the Revised Statutes entitled “An act respecting the department of railways and canals,” and by and with the advice of the Queen’s privy council for Canada, is pleased to order that the provisions of the order in council of the 25th day of March, 1891, authorizing the reduction of toll to 2 cents per ton for the passage through the Welland and St. Lawrence canals of certain agricultural products therein named, shall be, and be understood to apply to any portions of such cargoes lightered at Port Colburne and reshipped at Port Dalhousie, and also that the provisions of the said order be made applicable to the therein-named products when shipped from Canadian Lake Ontario ports.

John J. McGee,
Clerk of the Privy Council.

[Inclosure No. 2.]

Amended order in council.

At the Government House at Ottawa. [undated].

Present, his excellency the Governor-General, in council.

Whereas, by a clause of the order in council of the 4th of April, 1892, respecting the rebate to be allowed on certain food products traversing the Welland and St. Lawrence canals bound for Montreal or some port east of Montreal for exportation, it was provided that the right to such rebate should extend to shipments of the said products made “from any Canadian Lake Ontario port,” this provision being taken from the order in council of the 29th April, 1891.

And whereas it was not intended that the restriction in favor of Canadian Lake Ontario ports should be continued;

His Excellency, under the provisions of chapter 37 of the Revised Statutes entitled “An act respecting the department of railways and canals,” and by and with the advice of the Queen’s privy council for Canada, is pleased to order that the said order in council of the 4th April, 1892, shall be, and the same is hereby, amended by the omission of the word “Canadian” from the clause in question; and that such amendment shall have force and effect from the 4th day of April last.

John J. McGee,
Clerk of the Privy Council.