similar action by Canada, on being assured that the application of the legislation of the two countries "in the territorial waterways of the Dominion to the commerce passing through the channels that connect the lakes will be as liberal as that proposed to be made in the American territorial waters." (Mr. Gresham, Sec. of State, to Sir J. Pauncefote, Brit. amb., March 24, 1893, For. Rel. 1893, 334.) This proposal remained unanswered when the President issued his proclamation. (For. Rel. 1893, 344; Mr. Adee, Act. Sec. of State, to Sir J. Pauncefote, Brit. amb., "personal," July 24, 1893, MS. Notes to Gr. Br. XXII. 358.) Reply, however, was subsequently made to the effect that the privileges conferred by the Canadian act of 1893 were expressly exempted from the restrictions of the coasting laws of Canada; that "pending a consideration of the broader question of a general reciprocity in coasting and towing, it is not necessary to modify existing regulations;" but that the Canadian government was willing to enter into negotiations or to receive proposals "on the general question." (Sir J. Pauncefote, Brit. amb., to Mr. Gresham, Sec. of State, Aug. 31, 1893, For. Rel. 1893, 347, enclosing a certified copy of an approved minute of the privy council of Canada of Aug. 15, 1893. ) At the same time it was stated "that though at the conference held at Washington in February, 1892, it was agreed that instructions should be issued by the United States Treasury Department to authorize the necessary towing incidental to the wrecking and salvage contemplated by the act of Congress, and to provide for the relaxation of the customs laws, no such instructions have yet been issued." (Sir J. Pauncefote, Brit. amb., to Mr. Gresham, Sec. of State, Aug. 31, 1893, For. Rel. 1893, 348.) Oct. 5, 1893, Mr. C. S. Hamlin, Acting Secretary of the Treasury, issued to "collectors of customs and others" the following circular: "The attention of collectors and other officers of the customs upon the northern frontiers of the United States is invited to the President's proclamation, dated July 17, 1893, relative to reciprocity of wrecking between the United States and Canada. "The Acting Secretary of State, under date of the 30th ultimo, recommends that further regulations regarding the matter be promulgated by this Department, and states that during the visit of the Canadian commissioners to Washington in October last the subject of recip rocal privileges in wrecking was under consideration, and that a declaration was then made on the part of the Government of the United States that under the act of Congress, approved May 24, 1890, relating to vessels wrecked or disabled in the waters conterminous to the United States and Canada, the aid and assistance provided for in said act includes all necessary towing incident to said aid and assistance, and that nothing in the coasting or customs laws of this country restricts the salving operations of such vessels and their appliances. "The proclamation, and the act of May 24, 1890, on which it was based, are embodied in this Department's Circular No. 114, dated July 28, 1893, and should be construed and observed by all customs officers in such a manner as to give due effect to the declaration aforesaid, in case of Canadian vessels and wrecking appliances rendering aid and assistance to Canadian and other vessels and property wrecked, disH. Doc. 551 H, 44 64 abled, or in distress in the waters of the United States contiguous to the Dominion of Canada, including the canal and improvements of the waters between Lake Erie and Lake Huron and the waters of the St. Marys river and canal. In case of doubt as to the action which should be taken in any case the Department will give special instrue tions. Similar regulations have been made by the Canadian Government.” (For. Rel. 1893, 351.) Dec. 13, 1893, the British ambassador at Washington communicated to the Department of State a circular of the Canadian Department of Trade and Commerce of Nov. 7, 1893, as follows: 66 "I am desired by the honorable the minister of trade and commerce to direct the attention of all persons interested to the following: "At the conference held at Washington in February, 1892, between delegates of the Canadian Government and representatives of the United States Government, among other things discussed was the subject of reciprocal wrecking privileges in waters conterminous to Canada and the United States, and it was then agreed that the sub ject should be dealt with by legislation on the part of Canada and by such instructions from the Treasury Department of the United States as might be necessary to give to the act of Congress on the subject such liberal construction as would include permission for all towing necessary and incidental to wrecking and salvage, and the relaxation of customs laws in so far as might be necessary to make the reciprocal arrangements effective. (Vide Sessional Papers No. 52, 1893.) “In pursuance of this agreement the Parliament of Canada, at its next ensuing session, passed the act 55-56 Vic., chap. 4, intituled ‘An act respecting aid by United States wreckers in Canadian waters,' and upon being apprised that the act of Congress approved June 19, 1878, entitled 'An act to aid vessels wrecked or disabled in waters conterminous to the United States and the Dominion of Canada,' as amended by an act approved May 24, 1890, had been further amended by an act approved March 3, 1893, his excellency the Governor General issued his proclamation on May 17, 1893, bringing the said act 55-56 Vic., chap. 4, into force on and after the 1st day of June, 1893, which said proclamation was communicated to the United States Government by Her Majesty's ambassador at Washington on the 24 day of June, 1893, whereupon the President of the United States issued on the 17th day of July, 1893, his proclamation declaring the act of Congress above referred to to be from that time in full force and effect. "Under date of the 5th October, 1893, the Secretary of the Treasury of the United States issued a circular letter of instructions relative to the construction to be given to the act of Congress and relative to all necessary towing incidental to any wrecking or salving, and to such relaxation of United States customs laws as appeared necessary in order to give full effect to reciprocal wrecking, etc., in the waters conterminous to the two countries. "Appended are copies of the act 55-56 Vic., chap. 4, of his excellency's proclamation of the 17th May last, of the President's proclamation of the 17th July last, which embodies the act of Congress as amended, and of the United States Treasury circular of the 5th October, all above referred to." (For, Rel, 1893, 353.) In a case of salvage off Denman Island, Strait of Georgia, about 80 miles north of the boundary between the United States and Canada, the two Governments concurred in the view that the waters in which the wrecked ship lay were not “contiguous” in the sense of the arrangement. (Memorandum, May 8, 1901, MS. Notes to Brit. Leg. XXV. 534.) "The arrangement in question is not in terms confined to the lakes and See also Mr. Day, Assist. Sec. of State, to Mr. Scott, Feb. 26, 1898, 226 Section 4370, Revised Stats., which imposes a penalty on foreign steam (8) LIMITATION OF NAVAL FORCES. § 143. "The information you give of orders having been issued by the British Government to increase its naval force on the lakes is confirmed by intelligence from that quarter of measures having been actually adopted for the purpose. It is evident, if each party augments its force there with a view to obtain the ascendancy over the other, that vast expense will be incurred and the danger of collision augmented in like degree. The President is sincerely desirous to prevent an evil which it is presumed is equally to be deprecated by both Governments. He therefore authorizes you to propose to the British Government such an arrangement respecting the naval force to be kept on the lakes by both Governments as will demonstrate their pacific policy and secure their peace. He is willing to confine it on each side to a certain moderate number of armed vessels, and the smaller the number the more agreeable to him; or to abstain altogether from an armed force beyond that used for the revenue. You will bring this subject under the consideration of the British Government immediately after the receipt of this letter." Mr. Monroe, Sec. of State, to Mr. Adams, min. to England, Nov. 16, 1815, The proposal embodied in the foregoing instruction was duly submitted by Mr. Adams to Lord Castleraegh, who was disinclined to accede to it, on the ground that a mutual stipulation against arming during peace would, by reason of the advantage of position enjoyed by the United States, be unequal and disadvantageous in its operation to Great Britain. Subsequently, however, on the proposals being renewed, Lord Castleraegh decided to accept it, and authorized Mr. Bagot, the British minister at Washington, to conclude an arrange ment on the subject. Negotiations ensued between Mr. Bagot and the Department of State, resulting in an agreement which was effected by an exchange of notes, dated April 28 and April 29, 1817. and signed, respectively, by Mr. Bagot and by Mr. Rush, who had then succeeded Mr. Monroe as Secretary of State. By this agreement the naval force to be "maintained" by each Government on the Great Lakes was limited, on Lake Ontario, to one vessel not exceeding 100 tons burden and armed with one 18-pound cannon; on the upper Jakes, to two vessels not exceeding the same burden and armament; and on Lake Champlain, to one vessel of no greater size and armament. All other armed vessels on the lakes were to be forthwith dismantled, and “no other vessels of war" were to be " there built or armed." This stipulation was to remain in effect till six months after either party should have given notice to the other of a desire to terminate it. Orders were immediately given by both Governments for carrying the arrangement into effect. April 6, 1818, however, President Monroe, apparently out of abundant caution, communicated it to the Senate, which on April 16, 1818, "approved of and consented to it and recommended that the same be carried into effect by the President." It was formally proclaimed by the President April 28, 1818. No exchange of ratifications took place; but the arrangement became effective, by virtue of executive orders, from the date of the original a Mr. Adams, min. to England, to Mr. Monroe, Sec. of State, Jan. 31 and Feb. S. 1816. II. Doc. 471, 56 Cong. 1 sess. 5. See also Mr. Adams to Mr. Monroe. March 22 and March 30, 1816, id. 7. H. Doc. 471, 56 Cong. 1 sess. 7-9. C Am. State Papers, For. Rel. IV. 202; S. Doc. 301, 15 Cong. 1 sess.; H. Doc. 471, 56 Cong. 1 sess. 15. d 11 Stat. 766. The arrangement is printed in 5 Br. & For. State Papers, 1200-1201. exchange of notes. Existing legislation gave the Secretary of the Navy ample discretion as to the force to be employed on the lakes. Appropriations for the maintenance of such force were made in general terms.a b By the act of March 3, 1813, the President was authorized to provide on the lakes such sloops of war or other armed vessels as the public service might require; and after the treaty of Ghent he was authorized to cause all armed vessels of the United States in those waters, except such as he might deem necessary to enforce the revenue laws, to be sold or laid up, as he might judge most conducive to the public interest; so that, when the arrangement of 1817 was made, the force to be maintained on the lakes was within his discretion. Nor was this discretion impaired by subsequent legislation. On the contrary, he was authorized, by the act of March 3, 1825, to sell the whole of the public vessels upon Lakes Erie, Ontario, and Champlain, except the ships of the line New Orleans and Chippewa, now on the stocks, under cover, in Sacketts Harbor.” d By the act of September 9, 1841, an appropriation was made for the construction or armament of such armed steamers or other vessels for defense on the northwestern lakes as the President may think proper and as may be authorized by the existing stipulations between this and the British Government." e 66 In 1838 Mr. Forsyth, who was then Secretary of State, called the attention of Mr. Fox, the British minister, in a personal interview, to the presence in Lake Erie of certain vessels which had been hired and armed by the authorities of Upper Canada to prevent apprehended incursions of persons engaged in promoting or renewing the rebellion in that province. Mr. Fox subsequently gave an assurance in writing that the armament in question was "equipped for the sole purpose . of guarding Her Majesty's Provinces against a manifest and acknowledged danger." and that it would be "discontinued at the earliest possible period after the causes which now create that danger cease to exist." The subject was not renewed by Mr. Forsyth till the autumn of 1839, when he stated to Mr. Fox that "the causes assigned in his note no longer existing, the President expected that the British armament upon the Lakes would be placed upon the foot a Act of June 12, 1798, 1 Stat. 564; act of April 18, 1814, 3 Stat. 139. b 2 Stat. 821. cAct of Feb. 27, 1815, 3 Stat. 217. d4 Stat. 131. e5 Stat. 458, 460. f Mr. Fox, Brit. min., to Mr. Forsyth, Sec. of State, Nov. 25, 1838, H. Doc. 471, 56 Cong. 1 sess. 19. See, as to the Canadian disturbances, Moore, Int. Arbitrations, III. 2419 et seq. |