The Secretary of State to the British Ambassador.

No. 72.]

Excellency: In accordance with the conversation which I had with your excellency on the 5th of May, I have the honor to inclose a copy of a resolution adopted by the senate and assembly of the [Page 481] State of New York, suggesting joint action by the Governments of the United States and Great Britain for the protection of the Niagara Falls.

I am not prepared at this moment to formulate any scheme of an international convention for this purpose, and, therefore, transmit the resolution as I have received it, for the information of your excellency’s government, hoping that the subject may engage the attention of the British foreign office and the Dominion government, to the end that we may in future agree upon some means of attaining the laudable object contemplated by the legislature of the State of New York.

I should be glad to receive any suggestions which may occur to your excellency on the matter in question.

I have, etc.,

John Hay.


By Mr. E. R. Brown:

Whereas the grants of water power at Niagara Falls heretofore made by Canada and the State of New York have established a policy in relation to the diversion of the waters of Niagara River, the indiscriminate pursuit of which may seriously impair if not destroy the beauty of this wonder of nature; and

Whereas there can be no adequate protection of the Falls against injurious grants except through the united action of the United States and Great Britain,

Resolved (if the assembly concur), That this legislature memorialize the President of the United States to open negotiations with Great Britain for the purpose of framing a treaty which shall prevent any diversions of waters of the Niagara River injurious to Niagara Falls as they now exist.

Resolved further, That in the opinion of this legislature this State should, so far as necessary to the final accomplishment of this purpose, cooperate with the National Government by withholding legislation likely to render such action on the part of the National Government nugatory and to unite in any legislation or constitutional enactment essential to give such treaty when executed full effect.

By order, Senate:

J. S. Whipple, Clerk.

In Assembly, April 9, 1904.

Concurred in without amendment.

By order of the Assembly:

A. E. Baxter, Clerk.