Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-08-26
THE CANADIAN CANAL TOLLS.
Correspondence Between Mr.. Herbert o
the British Legation and Secretary Foster.

| Secretary John w.. Foster IL handling the
Canadians without gloves. In a letter Of re-
cent date he has knocked the last tottering pin
from under the weak case which the Canadians
are endeavoring to make against the United
States.
As an eminent lawyer said today: "They
haven't q leg to stand on
The State Department has made public some
additional correspondence between Secretary
Foster and Mr.. Herbert Of the British legation
regarding Canadian canal tolls
MR.. HERBERr's STATEMENT.
Mr.. Herbert in letter of August 20 closes
with the following statement:
"The Canadian government have carefully con-
| sidered my communication. and they desire to
point out that the United States government
may be unaware that the tolls for the Welland
and st. Lawrence canals are of q temporary
nature only, and that it is not intended to re-
establish them in their present form after the
expiration of the season of 1892.
81 have accordingly the honor to inform you
that the features Of tho present tariff giving
preferential treatment to certain routes and
ports. and providing for the trnnsshipment at
Canadian ports only, will not be readopted after
the present season..
This undertaking. however would not be
binding on the Canadian government IL the
President of the United States should in the
Of tolls on the Sault st. Marie canal us author
lied by the recent act of Congress.
The Canadian government states that grave
difficulties present themselves 10 an alteration
Of the tariff Of tolls during the present season.
Contracts and engagements have been entered
into in various parts of the country and in Great
Britain. based on the continuance Of this tariff
during the whole of the present season. The
rights which have been established under these
contracts aud engagements cannot be inter-
fara xvJt d ,et,rN n 1.A-
ment and apparent breach of faith. They be-
lieve therefore that the United States govern
ment will recognize the importance OF the diff
cultics which stand in the way of an immediate
repeal of the present tariff. and that the
ance of its termination at the end OF the present
season will be regarded satisfactory evidence
OF the desire Of the government of the domin-
ion to remove any ground which has a tendency
TO disturb the friendly interchange of trade be-
tween the two countries
SECRETARY FOSTERS REPLY
Secretary Foster makes lengthy reply TO this
communication, under date OF August "a. At
one point he says:
being well aware OF the circums tances to
which yon invite my attention, that the obnox-
ious tolls for the Wclland ard ST. Lawrence
canals were of temporary nature. and. with
the regulations for their applications did not in
terms extend beyond the present season OF canal
navigation, Ii became evident to the President
that present effective relief was to be offered
on the part of the dominion. and that the full
measure of the determinations imposed by tho
Canadian order OF 1892 was to be continued un-
abated during the full life OF that order and in
GsTuch as the act of Congress prescribed his
duty in view of existing conditions aid not OF
conditions which may or may not exist in future
Years, no recourse remained open TO him but to
give immediate effect TO the statute by issuing
his proclamation, which was done on the 20th
instant
Not until after the issuance of the procama-
ton and no: until week after the official an
nouncement n. Ottawa OF the decision reached
by the Canadian authorities did receive your
present notice. The information which you
now conveT 10 me Ia that the features of the
present tariff giving preferential treatment to
certain routes and ports. and providing for
transshipment at Canadian ports only, will not
be adopted after the present session, and you
add
This undertaking. however, would not be
binding on the Canadian government if the
President of the United States should in the
meanwhile proclaim and enforce the imposition
of tolls in the Sault 81. Marie canal, author
lied by the recent act of Congress.
II am at loss to understand WIN the Cana
dian governmen. should attach such a condi-
ton to its proposition. All that is contem-
plated by the Presidents proclamation is to
establish in the American canal FAMED the same
conditions as now exist and haze existed in the
Canadian canals for years past. Besides. have
already given YOU the assurance which l now
repeat, that the Presidents proclamation will
remain in force no longer than the discrimina-
tions complained of are maintained by the Cam
adian government
SOME POINTED REMARKS.
Again he says: l lament ''thut grave Difficult
ties present themselves to an alteration of the
tariff of tolls during the present season" but
beg to remind you that the government Of the
United States is not responsible in any degree
for these difficulties. and its citizens should not
be required to suffer that account. For
| several years past the attention Of the Canadian
government has been called to its violation OF
article q Of the treaty Of 1871, and earnest re-
| monstrances on the subject have been addressed
| to the British legation by my predecessors. In
1883 Mr.. Bayard brought the matter to the at
tention Of the Canadian government. but re-
ceived no response from it. In May, 1891. the
United States consul general addressed the OF
tawa government. without eliciting any infor-
nation. Again, i'll 1891, your legation was ad-
dressed upon the subject without avail, as no re-
ply was made BY the Canadian government. And
even when the commissioners OF that govern
ment embracing three of the members of its
cabinet, visited this city and were confronted
by Secretary Blaine with the repetition of the
complaint of a violation Of the treaty of 1871,
this personal remOnstrance was without effect.
cs within short time thereafter the objec ton
reissued. In view of these repeated remon-
| strances and protests, il contracts and engage
ments have been entered upon,
which cannot be interfered with without great
confusion and detriment and apparent breach
| of faith. as you inform me. 1 submit that such
q consideration should not be addressed to the
government Of the United States. nor should
its people be expected TO pay the penalty for
such contracts. If the Canadian government
has seen fit. in the face of the earnest remon-
strances of the United States, to pursue the I'M
| neighborly course indicated it should find some
wav to satisfy the claims of untitled contracts
and breach of faith, if any s1ch are well
founded. without an appeal to the forbearance
| of the United States.
| Secretary Foster closes his able and vigorous
| letter follows
am happy to reciprocate, in the name Of the
President. the desire expressed in your note
ito remove any ground which has q tendency
to disturb the friendly interchange OF trade be-
tween the two countries, but beg to suggest
| that a persistent violation of treaty stipu!a-
lations which were framed with express view
to the promotion Of friendly interchange of
trade between the two countries" does not tend
to that result. Until the Canadian government
is prepared to resume its obligations under the
treaty there can be found no safe basis OF
friendly commercial intercourse.
IN MIR. MORLEY's DISTRICT.
A