Mr. Foster to Mr. Herbert.
Washington, August 2, 1892.
Sir: I have the honor to acknowledge the receipt of your note of the 23d ultimo, in which, replying to my inquiry of the 9th of July, you inform me of the receipt of a telegram from the Governor-General of Canada stating that the Canadian wrecking act, assented to May 10 last, does not authorize salvage operations by the United States vessels in the Welland Canal.
The act of Congress approved May 24, 1890, extends wrecking and salvage privileges to Canadian vessels “in the waters of the United States contiguous to the Dominion of Canada,” provided like privileges are extended to American vessels “in Canadian waters contiguous to the United States.” The canals connected with the navigation [Page 296] of the Great Lakes being wholly within the territory of one or the other country may not be “contiguous waters” in its strictest sense, but they are plainly incidental to waters that are contiguous and are important parts of the system of waterways constituting the boundary of the two countries, for which reciprocal wrecking and salvage privileges were intended to be provided.
The foregoing act of Congress, therefore, declared 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 the St. Marys River and Canal.” But, whether this be a proper construction or is an enlargement of the act, it proceeds upon the same reciprocal basis, and only asks the same privileges in the Welland Canal which it gives in the St. Marys Falls and St. Clair Flats Canals. Whatever may be the practical importance of including these canals in the reciprocal arrangement, the President is as powerless under the act to omit them as he would be to omit one of the Great Lakes. It was this act in its entirety winch the Canadian commissioners undertook to meet by reciprocal legislation or regulation on the part of the Government of Canada.
Although the President exceedingly regrets that the consummation of this arrangement, so desirable for both countries, should be in anywise retarded, he is unable to issue his proclamation putting the act of Congress in force until the Canadian Government, by construction of its present act or otherwise, can give him assurance that the wrecking and salvage privileges given by the Dominion of Canada shall apply “to the Welland Canal, the canal and improvements of the waters between Lake Erie and Lake Huron, and to the waters of the St. Mary’s River and Canal,” in so far as the canals and waters in question lie within the Dominion of Canada.
I have the honor to be, etc.,