Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 7, 1874
No. 348.
Sir Edward
Thornton to Mr. Fish.
Sir: With reference to your note of the 17th of January last, transmitting copies of the Treasury Regulations governing the transportation of dutiable merchandise between the Dominion of Canada and the United States, I have already had the honor to inform you that I had forwarded those documents to the Governor-General of Canada.
I have now the honor to inclose copies of a dispatch and of its inclosures, which I have received from his excellency in reply to my communication on the above subject.
I have, &c.,
Lord Duffer in to Sir Edward Thornton.
Ottawa, November 9, 1874.
Sir: I have the honor to transmit herewith copies of two orders of the privy council of Canada, having reference to the regulations governing the transportation of dutiable merchandise between the Dominion and the United States, under the treaty of Washington and the acts giving effect thereto.
One of these minutes conveys the approval of my government of the regulations proposed by the United States Treasury, a copy of which was inclosed in your dispatch, No. 5, of 19th January last, and the other recommends the adoption of corresponding regulations prepared in the department of the minister of customs, a draft copy of which is appended to the order in council for your information.
I have, &c.,
Copy of a report of a committee of the honorable the privy council, approved by his excellency the governor-general on the 4th November, 1874.
The committee of council have had under consideration the dispatch No. 5, dated January 19, 1874, from Her Majesty’s minister at Washington, transmitting copies of a note from the Secretary of State of the United States of the 14th of that month, inclosing copies of the proposed regulations adopted by the Treasury Department, Washington, to govern the transportation of dutiable merchandise between the Dominion of Canada and the United States, under the treaty of Washington and the acts of Congress therein referred to.
The honorable the minister of customs, to whom the above-mentioned regulations [Page 575] were referred, reports that he has examined the same, and finds them to be in accordance with the treaty, and, in his opinion, sufficient for all the purposes intended, and recommends that they be approved by your excellency in council.
The committee concur in opinion with the minister of customs, and advise that the regulations submitted and hereunto annexed be approved accordingly.
Certified:
Clerk Privy Council, Canada.
Copy of a report of a committee of the honorable the privy council, approved by his excellency the governor-general on the 4th day of November, 1874.
The committee of the privy council have had under consideration a memorandum dated 27th October, 1874, from the honorable the minister of customs, submitting with reference to the regulations adopted by the Treasury Department of the Government of the United States governing the transportation of dutiable merchandise between the Dominion of Canada and the United States under the treaty of Washington, and with special reference to article 19 of said regulations governing the transit of merchandise from one American port to another through this Dominion, a draft, hereunto annexed; of corresponding regulations governing the transit of Canadian dutiable goods from one port of the Dominion to another through the territory of the United States, and recommending that an order in council do pass authorizing the adoption thereof.
The committee advise that the draught regulations herewith submitted be approved and adopted.
Certified:
Clerk Privy Council, Canada.
Regulations governing the transportation of Canadian merchandise from one port of the Dominion to another through the territory of the United States, under article 30 of the treaty of Washington, and the act 35 Victoria, chapter 2, giving effect thereto.
Article 1. Goods, wares, and merchandise in transit from one port or place within the Dominion of Canada to another by a route a part of which is by land-carriage through the territory of the United States, and a part by the great lakes and the rivers connecting the same, or by the river St. Lawrence, may be transported by water in either American or British vessels from ports on the Canadian frontier to ports on the northern frontier of the United States for transshipment to railway-cars, and from points on the said northern frontier of the United States at the termini of railway transportation to ports on the Canadian frontier in either American or British vessels.
Art. 2. If the goods are subject to duty, they must be shipped under the ordinary transportation entry and bond, and, if the character of the goods will admit of it, must be duly corded and sealed.
Art. 3. Special manifests, in triplicate, shall be prepared at the port of shipment, for merchandise forwarded in this manner, describing the merchandise and setting forth the route over which it is to pass, one copy of which shall accompany the merchandise and be kept in the custody of the master of the vessel, or conductor of the car, as the case may be, one copy retained by the customs officer at the port or place of shipment, and the third copy forwarded to the customs officer at the port or place where the merchandise shall be returned to Canada.
Art. 4. At the first port or place of transshipment in the United States, the merchandise, or the packages thereof, if corded and sealed, shall be examined and compared with the special manifest accompanying the same, and the result thereof certified to by some officer of the Canadian or United States customs; the manifests shall then be passed over to the conductor of the cars into which the merchandise shall be laden for transportation through the United States.
Examination in the same manner shall be had at the second place of transshipment, or at the terminus of railway transportation, and at the port or place where the merchandise shall be returned into the Dominion Of Canada. On arrival of the merchandise at the first port in Canada, after the transit, it must be immediately reported to the collector or other chief officer of the customs, by the delivery of the manifest sent with the goods, with notice of such arrival, and of the wharf, depot, or place where the vessel and merchandise are to be found, indorsed thereon, to be signed by the master of the vessel or consignee of the goods, and such merchandise shall be delivered into the actual custody of the proper officer of the customs.
Art. 5. If the goods, wares, or merchandise to be removed, under these regulations, consist of spirituous liquors or wine, the packages containing the same shall be re-gauged and the contents tested, so as to ascertain the percentage of proof-spirit, by Sykes’s hydrometer, and the contents in proof-gallons shall be clearly stated on the face of the manifest and legibly marked upon each package, and, if considered necessary by the proper officer of customs, shall be again gauged and tested in like manner on arrival at the destined Canadian port.