Mr. Herbert to Mr. Foster.

Sir: I have the honor to inform you that I forwarded copy of your note of the 10th ultimo relative to the complaint of the United States Government against the alleged action of the Canadian Pacific Railway Company in transporting Chinese persons from China into the United States, to the Governor-General of Canada, and I have now received a communication from his excellency in reply transmitting a copy of an approved minute of council on the subject, a copy of which I have the honor to inclose herewith.

You will observe from the letter from the president of the Canadian Pacific Railway Company which accompanies the minute of council that he absolutely denies the allegations preferred in your note and promises to furnish documentary evidence to refute them.

As regards the observations contained in your above-mentioned note upon the indifference and want of friendliness displayed in the matter by the Canadian government, I am desired by the Govern or-General of Canada to inform you that while disposed to the utmost friendliness towards the Government of the United States, 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.

I have, etc.,

Michael H. Herbert.
[Inclosure No. 1.]

Report of the privy council.

Certified copy of a report of a committee of the honorable the privy council, approved by his excellency the Governor-General in council on the 16th September, 1892.

The committee of the privy council have had under consideration a dispatch dated 10th August, 1892, from the British chargé d’affaires at Washington, inclosing copy of a note received from the United States Government, complaining of the action of the Canadian Pacific Railway Company in transporting Chinese persons from China into the United States, and requesting an immediate investigation into the matter with a view to putting a stop to the practice.

The minister of railways and canals, to whom the question was referred, reports that he has caused communication to be had with the company, requesting them to furnish explanations, and that he has received from the president, Mr. Van Home, a letter in refutation of the charge conveyed by the complainant.

This letter they propose to supplement by statutory declarations in support of the denial so given.

Annexed is the letter received from the president.

The minister observes that the question is one which only indirectly concerns the department of railways and canals, audits general bearing is not at the moment under discussion.

[Page 310]

The minister, however, desires to express the opinion, in view of the declaration made by the Canadian Pacific Railway Company, that the allegations and suggestions of the present note of the honorable the Secretary of State of the United States are not borne out by the facts, and that if his information as to the numbers of Chinese who find access to the United States through Canada, and of those who are awaiting transport thither at Vancouver, is correct, which seems doubtful, these people are not being aided and abetted by the Canadian Pacific Railway Company to evade the laws of the United States.

The minister further observes that he is of the opinion that no foundation exists for the assertion of the Secretary of State of the United States that the government of Canada has been in this matter either indifferent to the wishes of the Government of the United States or tolerant of proceedings which would imply want of friendliness towards that power.

The minister in making the inquiry before mentioned, and in communicating its results for the information of the Government of the United States, thinks it well that the Government should, at the same time, receive an intimation that, although disposed to the utmost friendliness, the government of Canada does not charge itself with the duty of enforcing the measures of restriction which the government of any other country may see fit to adopt with regard to access to their territory by persons of other nationalities.

The committee concurring in the above, advise that your excellency be moved to forward a copy hereof, if approved, to Her Majesty’s chargé d’affaires at Washington.

All of which is respectfully submitted for your excellency’s approval.

John J. McGee,
Clerk of the Privy Council.
[Inclosure No. 2.]

Mr. Van Horne to Mr. Haggart.

Dear Mr. Haggart: I have your note of yesterday, inclosing a copy of a communication from the Secretary of State at Washington on the subject of our action in the matter of the transportation of the Chinese.

It is evident that somebody has been making outrageous misrepresentations at Washington on the subject. There is no congregation of Chinese at Vancouver, or anywhere about our Pacific terminus, waiting to get into the United States, nor has there been at any time; nor have we sold tickets to any Chinese who lacked the proper certificates to secure their return to the United States.

I am just leaving for England, but have requested Mr. Shaughnessy to take this matter in hand and to furnish you with such statutory declarations as may be necessary to set the question at rest and to enable you to make an absolute and comprehensive denial of the whole charge.

Yours, etc.,

  • W. C. Van Horne.
  • Hon. John Haggart,
    Ottawa.