Mr. Foster to Mr. Herbert.
Washington, July 9, 1892.
Sir: I have the honor to acknowledge the receipt of your note of the 5th instant, relative to common wrecking and salvage privileges in the waters conterminous to the United States and the Dominion of Canada. You inclose a certified copy of an act of the Parliament of Canada, assented to May 10, 1892, which is intended to be reciprocal to the act of Congress of May 24, 1890. The latter act, a copy of which is herewith inclosed, provides that it “shall be construed to apply to the Welland Canal, the canal and improvements of the waters between Lake Erie and Lake Huron, and the waters of St. Mary’s River and canal.” It is presumed that the Canadian act would be construed to have an equal application in so far as the canals and waters in question lie within the Dominion of Canada.
I trust you will be able to give me assurance that the Canadian act will be so construed.
The language of the act of Congress would prevent the issuance of a proclamation by the President before the Governor-General of Canada issues his proclamation, and I would suggest that the two might be issued simultaneously at such early date as may be agreed upon.
When the President’s proclamation is issued putting the act of Congress into effect the Secretary of the Treasury will issue instructions that “the aid and assistance provided for in said act includes all necessary towing incident to said aid and assistance, and nothing in the coasting and custom laws restricts the salvage operations of such vessels and their appliances.” This is the language of the memorandum which was submitted to the Canadian Commissioners at the conference of February 15, 1892, and is substantially the language of the second and third paragraphs of the Canadian act.
I have, etc.,