Certified copy of a report of a committee of the
honorable privy council, approved by his excellency the
governor-general in council on the 16th August,
1892.
The committee of the privy council have had under consideration a
dispatch herewith annexed, dated the 6th July, 1892, from the Hon.
Michael Herbert, Her Majesty’s charge d’affaires, British legation
at Washington, inclosing an unofficial note from the Assistant
Secretary of State of the United States, in which he inquired
whether your excellency’s government construes the act passed on the
10th day of May, 1892, entitled “An act respecting aid by United
States wreckers in Canadian waters,” to apply to the Welland Canal,
the canal improvements of the waters between Lake Erie and Lake
Huron, and to the waters of the St. Mary’s River and canal.
The minister of justice, to whom the matter was referred, states that
annexed to the dispatch in question is a copy of the reciprocal act
passed by the Congress of the United States and approved by the
President. That act gives the same privileges to Canadian vessels in
American waters as the Canadian act gives to United
[Page 306]
States vessels in Canadian waters, but
it provides that “it shall be construed to apply to the Welland
Canal, the canal improvements of the waters between Lake Erie and
Lake Huron, and to the waters of St. Mary’s River and canal.”
The minister of justice thinks that the object and intent of this
provision are not clear. The words wrecked, disabled, or in
distress” (in their ordinary sense) are not applicable to vessels in
canals, and in his view, the waters in the canals mentioned, can in
no way be deemed “waters of Canada contiguous to the United States,”
though possibly the approaches to these canals and the waters
between lakes Erie and Huron, as well as the waters of St. Mary’s
River may come within that description.
That if the object be to secure to the United States wrecking vessels
the privileges of towing salved ships or wreckage, or of carrying
salved merchandise through the canals in question, the minister
understands that such privilege would be allowed as to other United
States vessels and merchandise, and that citizens of the United
States have equal facilities with Her Majesty’s subjects in this
regard.
The committee, on the recommendation of the minister of justice,
advise that in the event of your excellency being informed that the
proclamation referred to in the act of Congress will be issued on
any day named, a like proclamation under the Canadian act be issued
in order that the privilege granted to Canadian and United States
wrecking vessels respectively may take effect on the same day.
The committee further advise that your excellency be moved to forward
a copy of this minute to Her Majesty’s minister at Washington.
Joseph Pope,
Assistant Clerk of the Privy
Council.
Mr. Herbert of
Lord Stanley of
Preston.
British Legation,
Washington, July 6,
1892.
My Lord: With reference to my telegram of
to-day, I have the honor to inclose herewith copy of an unofficial
note which I have received from the Assistant Secretary of State, in
which he inquires whether the Government of the Dominion construe
the act of May 10, 1892, to apply to the Welland Canal, the canal
and improvements of the waters, between Lake Erie and Lake Huron,
and to the waters of the St. Mary’s River and canal.
Mr. Adee asked me to-day to telegraph to your excellency for a reply,
as he is anxious to conclude the arrangement as soon as
possible.
Your excellency will observe that Mr. Adee suggests in his note that
your excellency’s proclamation and that of the President should be
issued simultaneously.
I have, etc.,
