.I,
.· A!PPENfi:tt No. 47~--
it:EefPBOOITY TitEAtrt.
CORltESPONI>ENOE RESPECTING THE TERMINATION OF THE REOIPRO·
OITY 'J.'REATY OF JU~E o, 1854, BETWEEN THE UNITED STATES
.
AND GREAT BRITAIN.
..
(No. L)
Downing Street, 6th July~ 1866.,
I.,
'
."
•
SIR,I · have the honor to transmit to you oopies of a correspondence presented
to Parliament respeoting the termination of the Reoiprocity Treaty of June, 1864,
between the United States and Great Bri~ili.
·
Sir
I have, &o.
. , (Signed)
W. F. W1i.LW1S, &o. &o.
OABNABVON
"':
No.1 .
. [Hr, ADAMS' to Earl . .RueliEr.t;]: .:
Legation of the U11ited States,
London, March 17, 18~.
u
.
,1
MY Loa»,-
·
·
.
Under instruotions from the Government of the United States, I ,.ftave the
honor to transmit to your Lordship' a certified copy of o. joint resolution of the
Oongreee of the United States, approved by the President on the 18th of January,
1866, in regard to the termination of tho treaty concluded between the United
States and her Britannic Majesty on the 6th of June, 1854, oomtnonly known 'aa
the'Rediprooity·Treaty.
.,
I have the honor further to inform yon that I em directed. to noUfy. her
Majesty's ·Government :that, as.': it is con~istent, no. lon~er for ~ho intercstil'o(th~
United States to continue this treaty 10 force, it will terminate and be of no
further effect, as provided by the terms .of tho instrument! at thd ~xpii~?on' of
twelve months from tho date of· the reception by your Lordship of this notlee.
1 pray,
(Bign~d)
&o.,
oaARLEB .FRANOIS
ADAMa.·
r'"
i
f
I
I
•
APPENDIX
No. 47 . .,-REOIPROCITY
TREATY.
Al.>PENDlX No. 47.-'REClPROCI'fY TREATY.
...
British North American Provinces was, in 1849, O,.P00,000 dollars, and hu.d
. grown slowly up to that amount. We flnd stated on t~o same authority-
• (Inclosnre in No. I.)
PUBLIC nESOLUTION'
N0, 0,
Joint Rtsolution pror,irling for the Termination of the Reciprotity Treafy of
June 6, 1864, between the United States and Great Britain.
W~~as- it is provided in tho Rooiprooity Treaty concluded at. W nshington the
6th of June, 1864, between the United States, of the one part, nnd tho United
Kingdom of Groat Britain and Ireland, of tho other part, that this Treaty " shall
remain in force for ten years from tho date nt which it may come into operation,
and, farther, until tho expiration of twelve months after either of tho High Coniraoting Parties shall give notice to tho other of its wish to terminate tho sumo ; "
and whereas it appears by n Proclamation of tho President of tho United Stutes,
bearing date 16th March, 1866, that tho Treaty came into operation on thut day ;
and whereas, further, it is no longer for tho interests of the United States. to continue tho same in force ; thoreforoRosolved by tho Senato and House of Representatives of the United States of
America in Congress nssembled, that notice ho given of tho termination of tho
Reciprocity Treaty, according to tho provision therein contained for tho termination of the same ; and the President of tho United States is hereby charged with
the communication of such notice to the Government of the United Kingdom of
Great Britain and Ireland.
Approved, Jnuuary 18, 1866.
.'
No. 2.
[Earl RuesELL to- Ml'. ADAMB,J
Foreign Offece, March 17, 186&.
81B,-
.
I have the honor fo acknowledge tho receipt of your letter of this day,
eontaining a Resolution of the Congress of tho United States, approved by the
President, in regard. to the termination of tho Treaty of 1854, commonly known
as tho Reciprocity Treaty.
.
Her Majesty will instruct Sir Frederick Bruce on proceeding to Washington ae
her Majesty's Envoy Extraordinary, upon this subject.
I am, &o.
(Signed)
RUSSELL.
---~
---------•-'
No. 3.
(Ji:arl
lluB8.ELL to
Sir 1<'.
3
llntJOE,J
(Extract.)
Foreign Office, March 24, 1865.
There can. be no doubt that tho operation of tho Reoiprooity Treaty hM been
mutually beneficial to both the Contracting Parties.
Consulting first the statistical returns, we find thnt tho Secretary of th-0 Troaeury. of the United States reports that the total importa into tho British Provinces
frq;f the ynitod States were, in 1827, 445,118 dollnrs, nnd tho exports, from
those provmoos to tho United States 2,830,674 dollnra; totnl trndo, 3,276,702
dollars.
It is stnted by the Select Committee of the Chamber of Commerce of Ne~ York ·
that Uie whole value of exports and imports between the United States and tho
I
1
1864.
Imports into Canada •• ,, .... , ....... , ...... $16,583,098
Exports from Canada to the United States.,,,.,
.S,649,002
1~55.
Imports·
ExpOrts ~
,.
• ..• ,
._ -.-.
1863.
Imports- ••••• _ •...............................
Exports- •.• .,
,$20,828,671
~ . • . 16, 7S7 ,2r11 ,
,$28,109,862
, 22,fiS4,0~5
. ~,:,;
There cannot well be o. greater proof of the benefits of this commerce to hrtli
parties.
.
.
It is true that tho Committee stntoa that the balance of trade in regard to goods
duty free was in ten years upwards of 42,000,000 dollnrs against the Unit~d ·
States, nnd in regard to manufactured goods, upwards of 88,000,000 dollars m
favor of tho United Stutes. ·
But there is no necessity of discussing views founded on tho theory of the
balance of trade. If the United States took in ton years goods duty fre~ to the
value of 42,000,000 moro than they sent to Canada, it was th~t tho, mhab1tan~s of
tho United States wanted these goods for their own uso and enjoyment.. So, likewise if Canada took in ton years 88,000,000 dollars worth of duty-paying manufoct~res, &o;, more than thoy exported to the United States, it wn~ because the
inhabitants of Canada wanted these goods for their own use an~ enjoyment, and
were willing to pt1y tho prico demanded for them. Both countries have profited
by this intercourse.
.
.
But otbor great advantages hnvo been deriv?d from tho Reo1pro~1ty Treaty.,
Before tho couolusion of that Treaty frequent disputes nrose rospcotmlf the sea
fisheries, and men of war, British 1111d American, ,yoro omploye~ to adjust those
disputes. Those disputes will probably arise anew if tho. Troaty is abrogated.
The free navigation of tho St. Lawrence by the Amertoans, ,and tho use of the
Amerionn railroads by tho Canadians during winter, are nlso consequences of the
Reciprocity Treaty.
·
h
Upon tho whole, tho States immodintoly interested nnd bordermg. on t. e
British Provinces hnvo come to tho conclusion that, as o. :roaty of Frie~dsh1p
and of Commerce,. tho Reciprocity Treaty has boon ommently benefic1al to
both countries.
·
" o th
Thus,. the Now York Committee of the Chamber of Commerce say :
!1 . e
whole, then, tho Committee has como to tho conclusion that tho large. maJor1ty
of the people of llritish North America, as well i,s of tho States most m~eres~ed
in the subject, aro in favor of a. renowul und modification of tho Roc1proo1ty
Treaty, in order to rotnin its benefits."
d f T d
The Boston Report of a Special Committee of tho Boston Boar o Fa ocontaius the following passages :·
·t d St te
it
"In tho plnco of barred nnd bolted ports, tho people of tho ym o
u s an
of tho Colonies now, nnd unclor tho Rocipror,ity 'freuty, don! ~vith
nnot~e~
will, exchange without Customs e~en tho ·, wcnlth o~ sens a~ h' e prmoi~a
fll.W stapJos of the soi} ; mingfo as lf of tho samo nation on all t} B mg. fOU~.
and as if of tho same nat.ion, too, use tho St. Lnwre~co an 10 oann s w 1~
connect it with tho most distant of the gront lakes nm~ with the ocean; True, 1~
th" h
d't'
f th' ..,.6 there nro·some grnvo evils to Inmont and tooorreot,
ltS appy cot~lll t1on ~ . IDto! t tho 1'nhum1111 restrictions which existed.for .nearly
ye WO aro B I . 0 rOJ()ICO H1
• ·
d"
f th
ho.If ~ century havo bcon removed. And now! are the m1.sm.1.derstn11 tngs o
e
J~~
at
t
APPENDIX
No. 47.-REOIPROOITY
APPENDIX No. 47.-REOlPROOITY
TREATY.
'.
momentito bo eherished, Ind to terminate at last in utter alienation and hatred 1
Is retaliatory legislation to be revived on both sides 7"
·
•
•
•
Q,
•
"Finally, we are amazed at tho efforts to abrogate tho Reciprocity Treaty of
June 6, 1854, without an everture for negotiation. We had supposed that in
eommeroinl freedom, and of consequence in tho promotion of human brotherhood,
there· is no recession. Is the case before us to stand in history as an exception?"
Next we find in tho Report of o. debate at Detroit tho following statements:
In tho latter case you will ask Mr. Seward to inform you iu,,det,ail of the
points upon which modification of the Treaty is desired. You will, in this case,
communicate with tho Governor-General of Canada, as well as report to her
Mnjesty'~ Government, before ylfu express any opinion to Mr. Seward upon the
suggestion!! he may make.
No. 4.
" MICDIOAN.
" Detroit Board of Trade, December 'l, says : The only action necessary on
tho part of our Government is to allow tho present Treaty to stand until
OommiBBionors appointed by it and tho British Colonies of North America
agree on whntever alterations may be deemed advisable, and mutually just
and beneficial."
" ILLINOIS.
. "Chio~go Board of Trade, February 10, 1862, states that tho • Treaty has
been of great value to tho producing interests of tho whole north-west.' Says
t))at • we should not check tho energy nor circumscribe tho industry of our
wuntry;, but take a broad nntionnl view of tho question, and firmly advocate the
prino1ple of the greatest good to tho greatest number. Cannot recommend any
ineasure that will in tho least cripple tho energies of' our people, but cheerfully
advocate tho revision of tho Treaty if any of its parts are unjust or oppressive.'
• What we desire is to make our trade still more reciprocal, still more freo with
Qllr Canadian neighbors.' "
"W1scoNslN,
"Chamber of Commerce at Milwaukie, January 13, 1864, desires' such action
M shall result in securing a now Treaty, founded upon tho truo principles of
reciprocity between tho two Governments and tho people of both countries, and
which shall obviate tho objections and inequalities existing in the present Treaty,
and
be' upon a more liberal and. enlarged basis.' "
.
'
'
'
f
I
.
·,
" MINNESOTA,
1tho
" Mfl!-lofial of
Chamber of Commerce at St. Paul, referred to tho Committee on Commerce, l!'obruary 5, 1862, invokes tho • sober second thought' of
the · country on tho subject of our continental policy ; reiterates tho uniform
utterance of tho authorities and citizens of Minnesota • in anticipating an adjustment of tho relations of tho Unitecl States and all the British Provinces on this
Continent on a basis of mutual interest and goodwill ; ' does • not deny tho expedie~oy of a revision of existing stipulations, but always in the interest of further
freedom, not additional restriction of commercial intercourse.' • . . From
these ~overal expressions of sentiment touching our commercial relations with '
our neighbors, we look for an amended Treaty that shall correct any imperfections that tiino has shown to exist in tho present Treaty, and at tho same time
secure and extend the real benefits that have already accrued to both countries
under tho existing Treaty."
·
.
Her Mojesty's Government are quite willing to reconsider tho. ~eeiprocity
Treaty in conjunction with tho Government of tho United States, to nl)gotiato
for a renewal of it, and so to modify its terms as to render it, if possible, oven
more beneficial to both countries than it has hitherto been.
,
· But before any modifications of thnt Trenty can be considered, her Majesty's
Government must bo informed whether tho notice given by Mr. Adams, in terms
so peremptory, is intended to put nn end to tho Treaty, or whether it leaves open
the. door to negotiation.
,
·
In the former on~e, her Majesty's Government can only regret that relations
which, by conciliatory communications, might bo rendered more intimate, more
friendly, and more beneficial, should be broken and interrupted by the Govern- ·
pient of tho United States.
·
· .
6
TREATY.
[Mr. DuaNLlllY
to
.E1,1rl RuseEu.. ]
~:
',,··-
{Extract.)
WasMngton, Marek 9, 1866.
Mr. Seward requested me to say to your Lordship that, with 5a view ofl still
further inaugurating o. more friendly policy with her Maje~ty's GovelJl~ent, they
were perfectly willing, as the season advanced, to enter mto negotintions for o.
remodellipg of the Reciprocity TrE!aty, on terms which might prove, be hoped,
advantageous and benefleial to ~oth part~es,
', .
· I communicated by to-day'~ mail with the Oovornor-Gen11ral of <Jq110.da on
the sq)>jeot.
No. 6.
[Sh- F, Bauos
to
E111;l · RussEI.L.]
(J!.xtraot.)
Washington, June 1, 186(>.
of
The illness
Mr. Seward and the pressure of businesa t.hrowh upon this
Government by the ·u.ssassinatjot1 of t~e. Presi~ent and the snd~on collapse of t.ho
Oonfoderate Government, have made 1t 1mposs1ble .to execute hitherto your ~rdsbip's instrU<itions to obtain o. statement of the points in tho Treaty which the
Unite.4 Bt/lte~ wish t.o sub~it to fresh no~otiation.
No. 6.
[11lad RuseE~L w Sir
l!'. BaucE.]
Foreign Office, Julp 8, 1865; .
St\\,-,,
, I have to acqu11,iut you thl\t the Secretary of State for tho Ooloni.es hu.,c3
.suggested, 11in~ l liave express13d my , ~.o?currence in t~e auggestion, that t'!9
Governors of the Lower Provinces of British. North America should be plac;ed 1µ
oommunioatio11 ~ith you, i~ o~~e~ tli11it · tliey may furnish yoµ with such i?forll!a·
tion as you may require wqo~ th,()' 11egotiation for a . renewal of the Rec1e.roQ\ty
Treaty takes, plsoo.
~ ~m, ~o.
(Signed}.·
No. 7,.
[Sir }', Baucz to Earl RuseELL,]
Washington, September 2,8~ 1865/
.
Mi Lou,·
.
I have the honor to inlilose a' copy of a v~lunble Report from Mr. Consol
''
•
I
j'
APPENDIX
·,
No. 47.-Rli!CIPROCITY
APPENDIX
TREATY.
Wilkins, · on tho proceedings of tho Trade Convention at Detroit, and- on tho
causes which have influenced this country in tho course they have pursued with
reference to tho ,Reciprocity Treaty.
You('. Lordship will see that they arc mainly of a political character,
I have, &c.
(Signed)
Y \
FREDERICK
W. A. BRUOE.
(Inclosnre in No. 7.)
['OonsU:l
. (Es.tract.)
...
W1i.KJNS
to Sir F. Bnuca.]
St. Louis, September
7, l80o:·r1
I have endeavoured to ascertain tho proper value to bo attaehed to the Convo~·
tion which met at Detroit in July l11Bt, and in which the deliberations regarding
the Reciprocity Treaty with Oannda assumed great prominence.
It bas been my full intention to have reported, for your Excellency's luformntion,tho results of my observation, but I have been unable to do so because I have
been disappointed in meeting those persons on whoso information Lthought I coulcl
tely in order to form a snfo opinion.
Moreover, I had been promised copies of the proceedings of tho Convention in
a pamphlet form, which have not yot been issued. I therefore <lo not delay any
longer in expressing to your Excellency my opinion thnt that Convention hna
assumed, both in the British and American press, an importance not duo to it.
Yoar Excellency must clearly understand this last remark applies especially to
those States west of Detroit, which, during tho negotiations for, and ratification of
the present Trenty, had little commercial influence, aml whoso representation in
tho Federnl Congress was but small to what it is at present.
'fhe present condition, therefore, of the vnlley of tho .Mississippi States is its
normal condition ns regards tho: present Treaty.
These States are composecl of tho cities which are the shipping points, nnd the
agricultural districts tributnry to them.
.
As regards either, I most confidently nffirm thnt no opinion whatever has been
formed on tho merits of tho question by the public.
A short time since I had n conversation with a. member of Congress, nnd a
remark which he made to mo seems very pertinent, which was to this effect :
" that people <lo not know what is good for their own interests until they have
felt the want, uud that it might be that tho powerful interests in Now York State
might prevent n TC~l,l.egotiation or a continuance of the Treaty, aud that its abrogation would probably make tho West think.for themselves."
Tho host evidence I can give of tho truth of this remark is that a member of the
Chlcugo delegation complained to mo of two thingR :1st. Thnt ho, for one, and ho believed many of his collengues, wont to thnt
Convention entirely unprepared to discuss tho bearings of so important a question
to the West ns that presented by tho nbrogation of tho Reciprocity Treaty; nnd,
2ndly. That if they hnd been prepared, no basis had been agreed upon on which
the Representatives of the different sections of tho country affected by the Treaty
should vote. Therefore, it could scarcely be expected that national fooling should
be correctly reflected by any resolutions which wore then acceded to.
The Convention was originally culled by the Board of Trudo at Detroit, moved
thereto partly, I am informed, by persons who bud invested capital in Canad3.
across tho Detroit river, and who knew tlrnt the abrogation of tho Treaty would
affect their individual interests by probably causing tho Canadian Legislature to
impose a talf, on tho imported raw material usocl in tho manufactories.
Tho mercuntile and shipping interests at Duffalo and n portion of New York
State believe thnt tho existence of tho Treaty is adverse to thom .
•
No. 47 -RECIPROCITY
'EREATY.
7
Indeed, so.strongly is this feeling marked, that for yoara past the cry of abolition of Treaty arrangements with Canacln. has boon usod by politioie"-f for thei
own advancement.
It will therefore be perceived that wl1ilst in tho Detroit Convention tho Chicago
nnd Western Dclogn.tos wont either indifferent or unproparccl, those from New
York State, rondo up of politicians and merchants, had boon well ednontod in the
school of opposition.
On bohnlf of the latter, it was argued that no 'fronty should ho mado with
unfriendly people, nnd hints woro thrown out that annexation of Cunnda to the
United States must follow tho abrogation of tho Treaty.
I found also that tho merchants , of Now York Stnto urged on the Chicago
Delegates that oven if tho Treaty were a bonofit to the West, the injury it inflictetl
on their best customers was of granter moment than the value it was to them.
But it must be understood that whilst I do not consider tho proceedings of this
Convention, ns representing national views, nro important, yet their value can
scarcely bo e11timated ns having bad tho effect of directing the publio nttontion to
the grout importance of tho question in tho Western States.
I visited tho Board of '.frndo several times, and saw tho merchants in the :city.
It wtis one general topio of discussion at that time ; and although I was by no
means surprised to find a bitterness against Canada very general, I certainly was
surprised to hear the abrogation of the Treaty defended on the ground that it was
disadvantageous to the West.
'No. 8.
[Sir F.
BRUCE
to Enrl Ru?sEtL.J
Washington, November ~' 1860. ·
MrLoRD,On seeing the inclosed notification in the nowspo.pers, I thought it advisable to ask Mr. Sown.rd whether it was merely an administrative measure called for
by the apprpaohing expiration of .tho Rouiprooity Treaty, or was intended to be a
doolnrntion of.tho Government against tho renewal of tho Treaty.
.
·
Mr. Seward stated that ho was glad I hnd asked him the question, in order th'at
tho import of the notification might not be misapprehended.
Ho snid that the
question of tho Treaty remained exactly as it was, nnd that the notification was
not based on any action of the Cabinet, but wns issued by tho Seerotnry of tho
Troo.sury as an administrative act which could not bo legally deferred.
I have, &o.
(Signecl)
FREDERICK
W. A. BRUOE.
(Inolosuro in No. 8.)
CIRCULAR TO COLLECTORS OF CUSTOMS .AND OTIIERfi,
Treasury Department, October 20, 1865.
1 have received information from tho Secretnry of Str.to that official notice was'
delivered by our Minister at London, on the 17th March, 1865, at 2 o'clock, P.M., ·
to the British Government, of tho termination of tho Reciprocity Treaty between
tho United States of America and her Britannic Majesty, concluded the 5th of,'
June, 1854, in conformity with tho provisions of the said Trcnty, nnd of the joint
Resolution of Congress, approved January 18, 1865
.
·
You aro hereby instructed that tho operation of the Treaty will oea.se on tho
expi~ation of t,welvo months from t~o time nt whic!1 tho notice was given:
(Signed)
HUGH McCULLOCH,
Secretary of the Treasury.
j
<
j
!
APPEND.IX
No. 47.-REOIPROOITY
APPENDIX No. 41-REOIPROOITY
TREATY.
No.
No. 9.
. {Ex.tract.)
Washington, December 4, 1866.
'Mr. Galt arrived here from Canada, and passed threo days at Wnshiogton, for
the purpose of ascertaining tho course it was host to pursue with reference- to tho
Reciprocity Treaty.
.
It bas been suggostetl, · as lhhs question would be brought before the Oommitteo
of Finance in connection with revenue arrangements, that tho attempt should bo
made to obtain resolutions recommending tho extension of the poriod allowed for
the determination of tho Treaty boyond tho month. of March, on tho ground that
the financial arrangements required by tho now state of things would not be com,, pletod. These resolutions could be passed by a bare majority instead of 'a twothird vote ; and as tho subject would not be presented to Congress in a political
shape by tho Oovernmont, .,his course is thought more likely to be successful.
After mature consultation, l\Ir. Galt and myself agreed that it would be advisable to try tho· course above suggested, and ho will attend at Washington, if
requested to do so by tho Committee, in order to give explanations tending to
prove tho ox.pedienoy of Jelay before determining tho present arrangements.
We further agreed that it would be inexpedient to make any official overture
on tho Reciprocity Treaty until the oxporimont of obtaining an extension bas boon
trie~, or until there is reason to believe that tho United States Government would
profess, in reply, a readiness to negotiate.
Tho 8oorotary of tho Treasury appears to be hostile to tho exemptions from duty
. !loourod by tho Treaty. Ile argues that by mutual legislation tho requirements of
the trade between tho United 'Btates and tho Provinces could be mot.
Mr. Galt observes, that if timo wore afforded to carry tlie Confederation, perhaps it might be effected ; but that it wns impossible, as long as the Provinces
. bad distinct Legislatures, to expect similarity of legislation.
No.10.
('rho :E11r!
(Eittraot.)
of Cull&NDOM
to Sil· F. D~uoz.]
Foreign Offece, January 13, 1860.
I have been in communication with the Secretary of State for the Oolonial
Department on tho subject of your despatch of the 4th ult., regarding tho course
. which it may be desirable for her )lajesty's Government to pursue in view of tho
tennination of the Reciprocity Treaty of 1864 botwoon this country and the
u nitod
States.
·
Mr. Oardwell has expressed an opinion, in which I concur, that it is not advisable that. you should be instructed to propose to the Government of tho United
States tho Articles of n fresh Treaty at tho present moment ; . but that it would be
desimblo that you should take any measures in ymir power to obtain tho continui\DOO for a time of tho present Treaty; or, failing in that object, that you sho~ld
receive, for tho consideration of her Majesty's Government, any proposals which
tho Government of tho United Stutes might wish to mnko.
I hnve accordingly to instruct you to take auch steps as may appear most exp~~
diunt to you for procuring u. prolongntion of tho Treaty ; and you will oommunt·
cate with tho Government of Canada on this subject, who will doubtless info~m
you of tho nature of any suggestions which the Qounoil oppointod by, the British
North American Provinces may submit. to her l{ajesty's Governmen-. in regard
ti> it
9
n.
[Sir F. Bnucs to tho Earl
[Sir F. Bauce to tho Eurl of CLARENDON.]
TREATY.
of.CLARENDON,]
"
Washington, February 11, 1266.
MY LoBD,Your Lordship is aware that in view of the opposition manifested in this
country to the renewal of tho Reciprocity Treaty, it was decided that an ·attomp~
should be made, by oonferences with the Revenue Commissioners and the members
of tho Fina1100 Committee of tho House of Representatives, to .come to an underataniling on the fiscal and oommoroial questions that would arise on its abrogation.
By this course it was hoped that such o. basis might be laid for reciprocal legislation as would prevent tho commercial interests which have gtown up under the
Treaty from material injury, and ns tho Legislatures of tho different Provinces
might be inclined to accept.
.
With this objoot, Delegates from Canada, New Brunswick and Nova Scotia.
proceeded-to Now York, and put themselves in communication with the Revenue
Commission. Tho subject was discussed at considerable length, the ohairman,
Mr. Welles, being in favour of tho negotiation of o. now Treaty, o.nd of s~oh equi.
table and mutual arrangements nB would tend to discourage smuggling, and would
place on an equality tho protlucers of tho same articles on tho opposite sides of tho
frontier between tho United States and tho Provinces.
On arriving at Washington tho Delegates met with a friendly reception from
Mr. McOulloch, tho Socreto.ry of tho Treasury, and by him were placed in com'munico.tion with tho Finance Committee, of whioh Mr. Morrill is chairman. . They
were able to impart much valuable information on tho magnitude of tho commercial interests involved, and tho impression produced by their statomontp led them
to hope that tho scale of duties to bo imposed wouM be adopted with a view·to
revenue, and that tho protection nffordorl to tho American producer would not
oJLceoil what was required in ordor to plnco him on an equality 'Yith his provincial
competitors. They considered thnt these objoots would be attamed by a soale of
duties calculated at 10 per cont.
·
· These hopes unfortunntoly were not ronlisoil, as your Lordshi().w~ll gather from
tho inolosures to this despatch, nnd as tho Delegates were of opm1on that there
was no immediate prospect of such an urrnngoment being made as they could
expect to carry through their Legislatures, they preferred leaving tho question to
be donlt with by tho Committee without comiug under pledge as to tho course
that would be taken in tho Provinces.
I am inclined to think that, indopondondontly .of tho Rlrong p~rty in o.ongress
which ndopts tho Pl'olectionist theory, tho desire to impose e.llo~b1tant duties may
bo attributable in part to a fooling thut tho ox.tent of tho opornhon of tho Internal
Revenue Lnw on tho industry of tho country is very imperfectly un~erstoo9. The
Report of tho Revenue Commission shows that even tho prose~t high tariff does
not plac:o the American producer on n level with tho form_gn manu~aoturer•
I judge from convers11tions I have hod with some of t~o lcudmg. fina~c1ers that
they feel the disadvantage under whioh thoir .uncor~am~y on. tins pomt placed
them, and I am not without hopmi that further mvestigatio~ 'Y1ll bo called for by
tho Oommittco, aml more equitable arrnngomonts adopted, if it turns out that the
1lutios proposed will be prohibitory.
· .
'fho ,oxolusion of tho Southern Represonlntivos, howo~or,.~brows an exceptional
·power in such matters into tho h11nds of tho Protechomsts
tho .north and.
centre of tho country, and their ranks nro swelled by tho agricultunsts of the",
North• Western States, who dread tho compotition of the wheat and barley growers
'\
.!
or
of Canada.
I ha,·o, &o.
fgned)
2
FREDK. W. A. BRUO:t}_.,
\1
•
J.
i
APPENDIX
10
APP.ENDlX
\
No. 47 -REOIPR0011.'Y
TREATY.
'
No. 47 .-RECIPROCITY
11
TREATY.
While we rogt"et this unfa.vonblo termiaation of tho nego_tiations, we .are not
without hope that, nt no distant day, they may be resumed wit~ a better prospect
of a satisfaotory result.
Wehavo,.fti;o.
.W. GALT,
·
(Signe~)
[Iaelosum I in No. 11.)
j.'
MinisJer of Fmance, Canada.
LTbo I'aovtNCIAl. Ot:U:OATIONto Sir F. B11t10E,J
I""
W. P. HOWLAND,
Washington, February 7, 186G.
Sm.~ • .
.
.
We have tho honor to inform your Excollonoy that our negotiations for the
renewnl of a reciprocal trade with· tho United States have terminated uasuceeaafttlly. You have been informed from time to time of our proceedings, but we prepose brieily to reeapitulate tbem.
·
On our anivnl hero, after consultation with your Excellency, we addresaed
ourselves, with your sanction, to the Secretary of tho Treasury, and we were by
laim put in communication with tho Committee of Wnys nod Menna of the House
of Representatives. After repented iute,yiewa with them, and on ascertaining
that no renewal or extension of tho existing Tronty would be mnde by tho
American authorities, but that whatever was done must be by Jegialntion, we
submitted,· as tho basis upon which wo desired arrangemeuts to be made, 'the
inoloscd paper, marked A. ·
In reply, wo received tho Memorandum from tho Committee, of which a copy
is inclosed (B). And finding, after dlscusslon, that no important modifications
in their views-could be obtained, and that we wore required to consider their propositions as a whole, we felt ourselves under tho necessity of declining it, which
was _done by tho Memorandum (nlsn inclosed) C.
It is proper for us to explain the grounds of our finnl action,
It will be observed that tho most important provisions of tho expiring Treaty
relating to tho free interchange of tho products of tho two countries wore entirely
/ ilet aside, and thnt tho duties proposed tc be levied were . almost prohibitory in
their character. 'l'he principal object for our entering into negotiations wns
therefore unattainable, and we bad only to consider whether the minor points were
auoh as to mako it desirable for us to enter into specific cogngemeots.
These pointe are three in number .. With regard to the first, the proposed
mutu11l use of tho waters of Lake Michigan and tho St. Lawrence, we considered
that the present arrangements were sufficient, and thnt tho common interests of
both countries would prevent their disturbance. We were not prepared to yield
the right of interference in tho imposition of loll'! upon our canals. We believed,
moreover, that tho privilege allowed tho United States of navigating the waters
of tbc St. Lawrence was very much more than an equivalent for our useof Lake
Michigan.
Upon the second point, providing for tho free transit of goods under bond
between tho two countries, we believe that in this respect, as in the former case,
the iriterests of both countries would secure the maintenance of existing regulations.
Connected with this point was the demand made for the abolition of tho free
ports existing in Cannan, which we were not disposed to concede, especially in
view of the extremely unsatisfactory position in which it wns proposed to pli,ce
the trade between tho two countries.
On both tho above points we do not desire to be unilerstood ns stating that the
existing arrangements should not bo oxtemlc1l nod placed ~n a more permanent
bRSis ; but only that, taken npart from the more important interests involved, it
did not appenr to us at this limo necessary to deal with them exceptionally.
With reforonco to tho thinl and lust point, tho concession or tho right of fishing
in Prolincial waters, wo considered lhe equivalent proposed for so very valuable
.. . a right to be utterly inadequate. Tho admission of a few unimportant article~
-. free, with tho establishment of B scale of high duties ns proposed, would not, in
our opinion, ha\'O justified us in yielding this point.
·
I
..
,
Postmaster-<hneral, Canada.
W. A. HENRY, .
Atlorn~y- General, N01Ja Scotia..
.
A. ,J; SMITH,
Attorne!f."'. Ge,ieral, New Brun&wick..
~,
" .
.
.
..
_.,.--~-{Inolosure
2 in No. ll.
MEHORAtalU)l A,
1a
The _ lrade between tbe United States and th~ British_ Provino~s should; lt
believed, under ordinary oircumstanoos, be free m reforonoe !o their nn~ra_l pro<luotions ; but as internal taxes exeoptiimally exist i11 the U mted S:3tes! it is now
d u, t the articles embraced in the Free List of the R0c1proo1tyTr~aty
!~:~econti~uo to be exchanged, subject only to such d11ties .as may be equ1vl!'·
loot to that internnl taxation. It is suggested that both pnrtios may add cert.am .
articles to those now in the said list.
. f th
With reference to the fisheries and tho na-qignfionof th~ i.nternal wat.ers o
e
Continent, tho British provinpes are ~ilJing thnt tho .exIStmg regulation ~hould
oontinue in effect; but Oanada is wilhng to enter mto .engagements With tho
view of improving thq means of access to the oooan, pro.v1ded the as~urance bo
·ven tha.t tho trndo of tho Western States will not be diverted from its natur,al
~nnnel b le islntion: and if tho United States are ~ot prepared at prese.nt to
consider iho ionoral opening ortheir consting tr~de, 1t wo~.tt aprnr :es;:r~~:
thnt, as regards tho internal waters of th.e Continent, no I is me ion s ou
made between· tho vessels of the two countries.
. , . .
dj st
If the foregoing points bo eatisfaotorily nrrnnged, Oanada is willing tot a du d
her excise duties upon spirits, boor and tobacco, upon the best re.venue s nn. a~
which may be mutually adopted after full. consideration of tho SU~JeOt !/ndor
10\
be desired to treat any other articles m f.~? s~me w_ay, tho disposi
'11' 't
Canadi~n Government is to give every fac1hty m their power to proven t 101
•
t~!
tra;lth rog,ard to the tr~nsit trade, it is ~uggested0tha~ t~e s~me regul~:o::
should exist on both sides and be defined by l~w.
ann a 1s n
prepar
·
make her patent laws similar to those of the Umte~ States.
°
(lnolosuro S No. 11.)
.-·
"
APPENDIX
•
No.
APPENDIX No. 47.-REOIPROOITY TREATY,'
47.-REClPROCITY TREATY.
joyed now under tho said Treaty in the waters of Lake :Michigan, provided that
the same rights nnd privileges are conceded to tho citizens of tho United Stntes
by Canada in tho waters of St. Lawrcnoe and its canals as are enjoyed by British
subjects, without diacriminatinn as to tolls, and charging rates proportional to
canal distance ; also for tho free transit of goods, wares, and morchandizc in bond
under proper regulations, by railroad noross tho territory of tho United States t~
and from Portland and tho Canadn lino ; provided equal privileges shall be conceded to tho United States from Windsor or Port Sarnia, or other Western points
of departure to Buffalo or Ogdensburg, or any other points eastward, nm! that tho
free ports established in tho Provinces shall be abolished ; also that tho bounties
now given to Americnn fishermen shall bo repealed, and duties not higher imposed
upon fish than those mentioned in Schedule Ai providing that all tho right 'of
fishing near the shores existing under tho Treaty horotoforo mentioned shall be
granted ond conceded by tho United Stutes to tho Provinces, and by tho Provinces to tho United States.
It is also further proposed that t.ho following list of articles shall be mutually
free, vis, : Durr millstones, unwrought; cotton and linon rags, firewood, grind·
stones, rough or finished ; gypsum, or plaster, unground.
·
SouBDULB A. Fish-Mnckerol, 1 dollar 60 cents per burro! ; herring, pickled
or salted, 1 dollar per barrel ; salmon, 2 dollars 50 cents per barrel ; shad, 2 dollars per barrel ; nil other fish, pickled, 1 dollar 60 cents per barrel; provided that any fish in packages other than barrels shall pay in proporlion to the
rates charged upon similar fish in barrels. All othor fish ! coot per lb.
As to tho duties which will be proposed upon tho other articles included in the
Treaty, tho following are submitted, viz.: Animals living, of ll,11 sorts, 20 per cent.
ad valorem; apples and garden fruit and vegetables, 10 per cont. ad valorem:
barley, 16 cents per bushel ; beans, except vanilla, ond castor oil, 80 cents per
bushel ; beef, 1 cont per lb. ; buckwheat, 10 cents per bushel ; butter, 4 cents
per lb. ; cheese, 4 cents per lb. ;. corn (Indian) and oats, 10 cents per bushel ; ·
cornmeal (Indiun) and oatmeal, 16 cents per bushel ; coal (bituminous), 60 coots
per ton; all other coal, 25 cents per ton ; flour, 25 per cent. ad valorem; hams,
2 cents per lb.; hay 1 dollar per ton; hides, 10 per cent. ad valorem; lard, 3
cents per lb.; lumber (pine), round or log, 1 dollar 50 cents per 1,000 foot;
pine, sawn or hewn, 2 dollars 60 cents per 1,000 feet; planed, tongued and
grooved, or finished, 25 per cont. arl valorem; spruce and hemlock, sawed or
hewn, ~ dollar per 1,000 feet ; spruce planed, finished, or partly finished, 26 per
cent. ad valorem; shingle bolts, 10 per cent. ad valorem ; , shingles, 20 per cent.
ad valorem; nil other lumber-of black walnut, chestnut, bass, white wood, nab,
oak, round, hewn, or sawed, 20 per cont. ad valorem ; if planed, tongued, and
grooved, or finished, 26 per coot. ad valorem; ores, 10 per cent. ad valorem;
pe1LS, 26 cents per bushel ; pork, 1 oent per lb. ; seed (timothy and clover),
20 per cent. ad valo,-em; trees (plant and shrub), ornamental and fruit, 15 per
cent. ad valorem; tallow, 2 cents por lb. ; wheat, 20 cents per bushel.
delegates ooncoive to bo an equivalent for the internnl taxntion of tho UniteJl
States that they are. rolucto.ntly brought to the conclusion that tho Committee no
longer' desire the trade between tho two countries to be carried on upon the prin. oiples of reciprocity .. With tho concurrence ~f tho llritisl~ Minister at Washington,
they are therefore obhgod respeotfnlly to dechn~ to enter into ~be engagement suggeated in the Memorandu~ ; but ~he present views of tho U~1t.o~ States may soon
be sp modified as to permit of the mterchnuge of the productions, of the two countries upon a more liberal basis.
No. 12.
' [Mr. ELLIOT to Hr. HAJDIOIID.]
_)
Downing Street, M~rch. 6, 1866.
•
. ..
I am directed by Mr. Secretary Cordwell to transmit to yon, fqr tho consideration of tho Earl of Clarendon, the accompanying copy of a despatch from
tho Gov11rrior of Oanada, inclosing o. copy of a Proclamation warning all citize~s
or tho United States that their right to fish in the inshore waters of Canada will
cease with the termination of tho .Reciprocity Treaty on tho 1 'Tth or March.. , ·
I om, &o.
T. FRED'.K, ELLt.QT.
(Signed}
~-·
SlB,-
.
·,
.
(lnclosure 1 in No. 12.)
rvTsoount
Mo!IOK'to Mr. CARDWELL.]
Government House, Montreal, February 19, 1866.
.
I have tho honor to transmit, f~r your information, ~ c~py of a Pro~lamation warning . all citizens or the U mted Sta tea that their right to fish m the
insh~re ·waters qf Oonada will cease with the termination of tho Reoiprocity Treaty·,
on the 17th of March.
I have, &o.
MON CK.
(S~od)
SIB,-
(Inclosure ~2.)
{Ioclosure 4 in No. 11.)
PB00Lil1A'?10N,
MJWORANDUM0,
~-
Washington, February 6, 1866.
In referenoo t.o ~he Memorandum received from the Committee of Ways and
?rlea11;s, the ~rovm?mt Delegates regret to be obliged to state that tho proposals
_ therem contamed m regard to tho commercial relations between tho two conntrios
. · are 11;ot such ns ~he>: c~n recommend for the adoption of tho respective Legislatures.
imposts !7hich it ~ proposed to lay upon the productions of tho British Pro·
\'mces on their entry into tho markets of tho United States are snob as 1interfore
in their
il~inion, will be in, some eases prohibitory, and will certai~ly seriously
with the natural course of trade. Those imposts. aro so much beyond what t~e
1'.he
. '. j
Province of -Oanada.
Vxoroaur by the ~race of God, of the United Kingdom of Great Britain and
Ireland Queen, Defender of the Faith, &c.
.
.
To all to whom theso presents shall come, or whom t~e" same may concern,
gr~~~~;o.~ a certain Treaty was made betwee~ •.h~rJfoje~ty and tho ~Tnited
States of America on tho 5th of Juno, 1864_, prov101n~ for' reciprocal ~ado .
.And whereas tho United States of Amenoa·h~vo, m accordance with th! terms
of tho said Treaty given notice for the termination thereof; and whereas m consequence of such n~tico tho said Treaty will expire on th? .17th day of Ma!oh, 18.66::
And whereas under the so.id Treaty many persons, c1t1ze~.°f tho United States.
APPENDIX
No. 4'1.-REOIPROCITY TREATY.
of America, have invested moneys and fitted out ships (or .the purpose of cnrryin"'
ou the (inshore) fisheries within tho territory of Canada under the snid Treaty : e
And whereas they mny be unaware thnt their right fo cnrry on such inshore
fisheries will end on the said 17th dny of March:
.
Wo, therefore, ih 0111· groat desire to prevent injury or loss to our loving subjects, or to tho citizens of a State with which wo are happily in amity, do, in this
our Royal Proclumation, caution and warn all persons not ijUbjects of our renlm,
that after the said 17th day of :Mo.rob next no vessels owned and manned in the
United Stntes of America oan pursue the inshore fleheries without rendering themselves liable to the confiscation of their vcssela, and such other penalties, pecuniary and personal, as are hy law imposed.
: APPENDIX N~. 47.--RECIPROCITY
.If the Government of the United States should fool disposed to adopt the latter
course, an arrangement of a provisionnl character might be entered into, with a
view to afford time for fresh negotiations, nod I should take pleasure in submitting
to tho consideration of my government any proposal to that effect whioh you
might do mo the honor to communicate to mo.
·
I have, &o.
(Signed)
FREDERICK W. A. BRUCE.
(lnolosure 2 in No. 13.)
[Mr.
to
tho E11rl of
CLARENDON,)
Washington, February 22, 1866.
. I have the honor to inolese a copy of o. note I addressed to Mr. Seward,
·. stating the course her Majesty's Government would be prepared . to take if the
Government ot the United States were disposed to negotiate a fresh Reciprocity
Treaty in tho pln9~ of t~o ono whioh expires on tho 17th of next March.
Also n copy oflir. Seward's reply, in which ho dwells on tho sentiment of Congresa,<and the constitutional objections to Treaties of. this nature ne tho reasons
,:which induce the United States' Government to decline negotiating, and to leave
the question of reciprocal trade with tho provinces to 'be dealt with as Congress
may decide.
.
~I have informed Lord Monck of the result of my communications with this
Government on the subject.
I have, &c.
(Signed)
F:REDERIOK W. A. BRUCE.
(Inolosure l in No. IS.)
[Sir F. Bauoa to Mr.
BEW.A.RD,]
Washington, February 16, 1866.
Sm,-
SEWARD
to
1
Sir F. Bnuos.]
/Jepartment of State, Wasltington, February 17, 1866.
No. IS.
[Sir 1''.. Bauce
15
TREATY.
·As the Reciprooi~y Treaty is about to expire, I nm an'xions to report in a
formal shape the disposition of the Government of the United States with reference to the important question of its renewal, and I therefore submit for consideration tho following proposals, which embody the views of Hor Majesty's Government with respect to it.
·
, .. Her Majesty's Government hn.vo soon with much satisfaction the' increase of tho
trading relations between tho United States and tho British Provinces which bM,
grown up under ~ho Treaty, and tho benoficin.l results of the stipulations it contains, by virtue of which each Contracting Party or,joys tho unintorntpted use of
· tho facilities of transport to tho seaboard possessed by the other, and participates
side by side in tho fisheries, without restriction or interference.
Her Majesty's Government would ho well content to ronow tho Treaty in its
present form.
At the same time they are ready to reconsider tho Treaty in conjunction with
tho Government of tho United States, if such a course would be agreeable to them,
end so· to modify its terms as to render it, if possible, more beneficial to both
countries than it hf\S hitherto, been.
·
Sia,-
.
I hav~ the honor to acknowledge tho receipt of a note whioh you addressed
to me on the 16th instant, concerning n proposed extension of the Reciprocity
Treaty. Perhaps I could not reply in any other manner more satisfactorily than I
shall now do 1,y stnting anew the verbal explanations which I have had heretofore
ooon.sion to make to you upon that subject.
·
Tho character of the constitutional distribution of public affairs among tbo
different Departments of tho Government is well known; It confides commerce
nod national finance expressly to tho Legislature. ·
The now expiring Reciprocity Treaty constitutes nlmost the only case in which.
the Ex.eoutivo Department has, by negotiation, assumed a supervision of any
question of either commerce or finance. Even in that case the Executive Depart'.'
ment did little more thnn t.o make a Treaty, tho do tails of which had been virtually mntured beforehand in tho Congress of the United States, and sanclion was
given to tho Treaty afterwards by express legislation.
.
·
.
The question of continuing that Treaty involveB mainly subjects of tho special
character which I have before described.
·
Careful inquiry made during the recess of Congress induced tho President to
believe that there wus then no such harmony of public sentiment in favour of tho
extension of the Treaty ns would encourage him in directing negotiations to be
opened. Inquiries made since tho re-assembling of Congress confirmed tho
belief thon adopted thl\t Congress prefers to treat the subject directly, and not to
approach it through tho forms of.diplomatic ngrcomont.
In accordance with this conviction, nil communications, verbal and written,
upon the subject, ha.vo been submitted to the consideration of tlie proper Com~
mitteos 'of Congress, and the question of extending n. system of reciprocaltmde
with the Briti8h Provinces on our frontier a waits their deoision.
I have, &c.
(Signed)
WILLIAM H. SEWARD;·
No. 14.
['fho E11rl of
.CLAllENDON
to
Sir I~. BnucE.]
Foreign bffece, March 12, 1866.
Sm,-
·
.
. .
Iler Majesty's Government approve tho ~ote, of wh10h a. copy 1s molCllled
in your despatch of tho 22nd February, and which you addressed to Mr. l:!eward,
stating the course her Majesty's Oovorn~e11t woiilil be ~ropnrcd to tnk~ if ~he
Government of tho United States were disposed to negotmto .11, fresh Reo1proc1ty
Treaty.
I am, &o.
CLARENDON;
(Bigne<l)
16
APPENDIX No. 47.~"RECIPROOITY TREATY.
No. 16.
[The Earl of
\Extraot.)
·c . . ·
I'
i·
...,,,
()r,ARENDoN
to Sir F. Bnucs.]
Foreign Office, Marci~ 17, 1866.
It ·may be neoessnry for mo to rooapitulato very shorUy the stops which
have been taken by her Majesty's Government with respect to the Reciprocity
. T'8aty between this country and tho United States, which ceases to bo in opera--.
tion this day.
That Trnlty was onterod into by tho two countries in order to avoid further
misunderstandi.ng botweo~ their respective subj~c!5 and citizens in regard to the
extent·of the ngh~ of fisbmg on tho coasts of Br1t1sh North America, and in order
to regulate and extend tho commerce and navigation between their respective territories and peoples. Tho misunderstandings to which tlio ·Treaty alluded were of
a grave character; and hnd more than once threatened to interrupt the friendly
relationo which it has over been tho desire of the British Government to maintain
with that of ~ho U nitod States. They wor~ ha~pily ~ut an end to by tho Treaty,
and for a period of nearly eleven yenrs durmg 1t.'i existence tho subjects and citi:i;e~s of the two countries have carried on their rospootive occupations, uud have
enJoyod tho privileges which they hn.vo obtained under it, without any question
having ariaen to dlsturb.the good understanding whioh had thus boon established
between the two Governments.
'
Her M~j~sty's G~vemmont hnd hoped that u state of things so ndvantngoous
to the political relations and to the commerce between the United States and Groat
Britain and her North Amorioan Colonies would have been allowed to continue
and that the Government of tho United States would not have availed tbomselvo;
of their right of terminating o. Treaty which, in the opinion of her Majesty's
Govcr~mont, h~ so· well fulfilled the object for whioh it was entered into, and
has beau so ennuo!ltly ~e11ofioinl to both tho Contracting Parties. In this hope,
however, her MaJosty s Government have been disappointed. On. tho 17th of
~arqh of las~ year Mr. Adams transmitted. to Lord Russell a cortiflod copy of a
J~l~t Resol.ut1on of tho C?ng~ess of tho Umtod States, approved by tho President
gmng notice of tho termination of tho Treaty at tho expiration of twelve months
from that date, as it was considered no longer for tho interests of the United
Stat.es.to continue the Treaty in force.
·
~r. Seward, ~owever, ~ad in.formed Mr.. Dur,nloy, that with a view of inaugurating n more friendly pohoy ,~1th hor MaJosty s. Government, ho was willing, ns
the seaso~ n.dv~nced, to enter into negotintiona for a remodelling of tho Treaty on
terms wh1~h might prove, ho hoped, advantageous and benefloial to both parties.
Her MaJesty's.Govorn."!ent, _whilst deeply r~grotting the stop which the United
State~ had Olns1dercd 1t advisable to take, mstructod you on your arrival at
Wf1!1hmgton ~ state to Mr. Seward their willingness to reconsider tho Treaty in
co~JUnction Wtth t~e (!ovcrnment of tho United States, to negotiate for a renewal
of 1t, or so.~ modify. 1ts term? as to render it, if possible, oven moro beneficial to
both countries than 1t had hitherto been. You were further instructed to invite
Mr. Soward to inform you in detail of tho points upon which a modification of tho
Treaty wus desired.
·
Owing to .events of. urgent importanoo, which occupied tho attention of tho
Government of tho Umted States, and to tho serious illness of :Mr. Soward, you
wore unable to oxoouto Earl Russell's instructions on your arrival at Washington,
and y~u subsequo~tly deom.ed it more prudent, and thought that we. should bo
more hkoly to ohtnm tho object wo bad in view, if you wore to defer ontedng into
official commuuicattQJlwith.~1r. Soward on tho subject.
Tho Governors of tho British North Amorioan Colonies wore not less improesocl
tbnn her. Majesty's Gov~m~ent with the grave consequenoos that were to be
e~eotod .from tho .. tormmatwn of the Reciprocity Treaty, and were equally
desirous e1th?r that 1t shoul~ be renewed, or that some fresh arrangement should
be made having tho same obJcots, Mr. Gnlt, "member of tho Canadian Oovern·
APP~NDIX No. 4.7.-REOlPROCITY
1'1
'rREAT!.
ment. with a view to assisting yo11 in nny negotiations which might take ptaoe tor
this purpose, proceeded to Washington at tho end of last year, for the purpose of
asoertaining .the course it might ho mo~~ a~visablo for hot Majesty's Government
to pursue with reference fo tho'l'roatr, Mr. Seward then doolarod that there
wore insurmountable objeotions to tbiironewal of the Treaty, which could only be
effected by a vote of two-thirds from the Senato, which it was hopeless to reokon
upon. He expressed himself at the same time not unfavorable to tho negotiation
of a' Treaty, and he suggested that as the question would be brought before the
Committee of Finance in connection with revenue arrangements, an attempt
should be made to obtain resolutions recommending tho extension of the period
allowed for tho determination of the Treaty. Mr. Seward appears to have sub•
eequently expressed the same opinion to lou.
·
It appeared to Mr. Galt and yourael that it would bo advisable to take tho
course suggested by Mr. Seward, and you agreed that it would be inexpedient to
make any official overture on the subject of tho Treaty until tho experiment or
obtaining. an extension pad been tried, or until there would be reason to believe
that. tho United States Government would manifest in reply a. readiness to
negotiate.
.
.
You were .accordingly instructed by me to take such stops as might appear
most expedient for procuring a prolongation of tho Treaty, and you were directed
to communicate on the subject with the Governor of Call6da.
. .
Mr~ Galt and Mr. Howland, tho Postmaster-General of tho Province of Oanada,
proceeded to 'Washington for the purpose of conferring with you, and o( tii'ging ·
through you on the Government of tho United States tho importance of postporl·
ing tho termination of tho ll.eoiprocity Treaty, so as to afford time for negotiation.
Tho delegates from tho British North American OolonillS, after repeated interviews with th!3 Committees of Ways and Moans, of which Mr. Morrill was the
chairman, in which they ascertained that no renewal or extension of the existing
Treaty would. be made. by the American authorities, but that whatever
done
must be done by legislation, submitted o. Memorandum to tho Committee 1is the
basis upon which they desired arrangements to bo made.
.
This Memorandum was not accepted by tho Committee, which drafood a.
counter-Memorandum, declaring its readiness to recommend to the Jlou&e of
Representatives for their- adoption n. law providing for tho continuance of. seine of
tho measures embraced in tho Treaty. The delegates considered that tho ptopoeals of the Committee wore unacceptable; and finding, after discussion, that. no
important modifications in the views of th11 Committee could be obtained, declined
to accede to the counter-proposal, and tho negotiations terminated. .
. .
As you considered, from tho torms of this counter-proposal, that the Committee
desired to break off negotiations and not to entertain any proposal for tho continuation of tho Treaty, you deemed it advisable to address o. note to Mr. Seward,
expressing tho readiness
hor Majesty's GovQrnmont to renew tho existing
Treaty or to reconsider tho Treaty in conjunction with tho Government of the
United States, if such a oourae would be agreeable to them, and so to modify its
terms as to render it, if possible, more bonefioial to both countries than it. had
previously boon. You suggested at tho same timo to Mr. Seward, that if the
Government of tho United States felt disposed to adopt tho latter course, an .
arrangement of n. provisional character might be entero~ into, with a. view to ·
afford .time for frosh negotiations, and expressed. your r(lndmess to s11bm1t to ~he
consideration of her Majesty's Government any proposal to that effect. whrnh
Mr. Soward might communicate to you. In reply, Mr. Soward stated that oarefut ..
inquiry during tho recess induced tho President to b~liovo t.Jiat there was no such
harmony of public interest in favour of tho extens10n of tho 'rr?aty. ~ would
encourage him in directing negotiations to be opono~, and that mqumes made
ainoe the re-assembling of Oongress -confirmed tho .behef that Congress pref~rred
to treat tho subject directly, and no~ to approach 1t. through tho for~s of d1plo~
matio agreement. All communications had accordmgly been s?bm1tted .to ~he
consideration of tho proper Committees of Congress, and the question of extendmg
a system of reciprocal trade with tho British Provinoes on the Uniwd States fron...
tier awn.ite!l their decision,
wns
"r
3
.,·
... r
18
APPENDIX
No. 4'1.-REOIPROOITY TREATY.
Tho attompts thus made, whothor to ronow th6 Tronty, to conclude n now ono,
or toextend tho time for its oxpirntion, in order to admit of nogotintions, huving
failed, and tho Tronty having now expired, it becomes tho duty of hor Majesty's
Government to consider what courso they should pursue. By tho termination of
the Tre.nty of 1854, two important and undoubted rights of this country, tho
enjoyment of which, through tho oporntion of tho Tronty, woro temporarily ceded
to citizens of tho United States, revert absolutely to tho British Crown. Thoso
rights arc, first, tho exclusive right of fishing by its subjects on the sen-coasta nnd
shores, and in tho bnys,· harbors, and crooks of the British 't>Ossossions of North
Amerion, except in so much aa certain restricted privileges may have been conceded by tho Convention of 1818 to Amorionn citizens; and, secondly, tho exclusive right of navigation by its subjects of tho River St. Lawrence, and. the canals
communicating between tho groat lakes nod· tho canals in Onnada. · ·
With regnrd to· tho navlgation of tho St. Lawrence nnd tho caunla, it is not
the intention of her Majesty's Govornmont to interfere for tho present with the
privileges which tho citizens of tho United States bo.vo enjoyed during tho time
the Tronty has: boon in operation. As regards tho privileges of fishing nnd of
landing upon tho shores nnd eoaats of her Mnjosty's possessions for tho purposo
of prying their nets and curing their fish, which have been enjoyed by citizens of
the"Unitod Si.., .es under tho Tronty, her Majesty's Government are very deairous
to prevent tho injury and loss which mny be inflicted upon tho citizens of tho
United States by tho sudden withdrawal of their privileges. They are, however
(now that the Trenty has come to nri end), bound by tho Aot 59 George III., cap.
38, as well as by tho Acts of tho Legislatures of Now Brunswick and Novn
Sootin, which have obtained tho Imperial snnotion. By those Acts, which wore
only suspended during tho existence of the Troo.ty, severe penalties, extending to
confiscation of their vessels, with tho cnrgoea, tackle, stores, &o., are inflicted
upon ell persona, not British subjects, who shall be found fishing or to hnvc been
~bing or preparing to fish within the distance of three miles of tho coast of her
Majesty's possessions in North Amoricn.
It becomes tho duty of her Mnjesty'a Government and of the Governments of
the respootivo Provinces to enforce tho law, and until thoso Acts are modified or
repealed, citizens of tho United States will be prohibited from fishing in British
wat;ers, from landing on British territory for tho purpose of drying thoir nots nod
ounng their fish, nnd will be subjoot to nil tho penalties which tho violation of
tho law entails.
Under those circumstances, it has been tho duty of Lord Monck to issue o.
Proolnmntion informing nil persons who mny be concorncd of tho stnte of the lnw,
..... and warning them of tho penalties thnt they inour by its violation.
Ber Majesty's Government nro no~ insensible to tho grout inconvcnionee and
losses to which tho oxolusiou of Americnn citizens from privileges so long enjoyed
by them, and in which capital to a oonsidornblo nmount has boon. invested, nnd
labor to n lnrgo extent hns been employed, must unavoidnbly subject a grent
number of persons.
·
They fear that so long an enjoyment of thoso privilcgmi mny induoo those who
ha.vo been ongnged in fishing ventures on tho coasts of tho British possessions to
de.fy the lnw and carry on their opernti,ms, thus exposing their property to
seizure and confiscntion. ·.· A fooling of irritntion mny thus bo engendered in tho
Northeastern Stutes of America against the British Government nnd nation which
her Majesty's Government would deeply rogrot, nnd which might lend to serious
misunderstandings botW(1en tho two Governments.
·
·
· ~or Majesty's Government have tho sntisfuction of feeling tlmt ihoy have done
their utmost to _prevent those oonsoqucnoes. Thoy havo deela.re!l their readiness,
a~d thoy nro still propnrotl, to oomo to 11ny nrrangemont with tho United Stntos,
?1ther by a continuation or a renewal of tho Reciprocity Treaty, or by entering
1~t? now ~ngu~cmon_ts by which the privifoges hitherto onjoy~d by American
01ttzens might be still eccureu to them. Tho Government of Wnahington hns
~\}olined to accede to those proposals.
Iler M~jeety's Qovornmont onnnot therefore nccept nny resposibility for the
results Tfluc~· th~f fenr mar nriso from tho forminntion of tho Reciprocity Treaty
19
APPENDIX No. 4'1.-REOIPROOITY TREATY.
by the aot of .the United Sta.tea Government themselves-results whioh they have
done their utmost to avoid, nnd whioh, if they do occur, her Majesty's Govern~
ment will most sincerely deplore.
No.16.
[Sir F. llaqoB to tho E11rl.of QLAUBNDON.]
(Extract.)
Washington, March 9, 1866.
Your Lordship is a.ware that a. Bill has been introdu~edinto ~ongr?ss by
Mr. Morrill, the Chairman o( ~ho, V!o,ys and ~oaps Oomm1~tee, w~1oh am~s at
imposing an exceptional scale of duties on provmo111l pr.oduotions, with p~o!1soea
ma.king the duration of this soalo contingont on t.he OQntmunnco of tho prlVlloges
accorded by the, Reciprocity Trenty to the inhnbi~ants. of tho United States, and
empowering tho, President, if enjoyment of them 1s withdrawn, to put nn end to
the special duties in whole or in pnrt.
. .
There is a strong opposition to this Bill, on the ground, among ot~ers, .that. a
power of this kind should not be confided to the Executive, and I thm~ it will
· probably not pass in its present shape.
·
1
No.17.
[Sir F. llnuoll
(lllxtra.ot.)
to tbe E11rl of OLARBNDON.]
Washington, March 14, 1866:
The Bill introduced by· Mr. Morrill into the Bouse of Representatives for
re la.tin trnde with the Britis}l Provinces hns · been thrown out. Th~ amendmrnts in~duoed into it while under discussion showed t~a~ the Committee hnd
proposed a lower sonle of dutioa thnn tho Houses were w1llrng to acoep.t. The
tone of deba.te wns in favour of protection to every brn~ch ~f produot1on, and
osed to any specinl tnriff arrangements on tho northern .fro~ttor.
0
p~he foiluro of this Bill is not to be regretted. Tho dutrna 1mposo.d on fie~ and
on the rinoipnl productions of Cannda would not ha.vo boon considered m. the
Provinlea ns reasonnblo when oompnrod with the advantages s.eoured to Amono~n ·
· te ts The proviso moreover which empowered tho President to suspend, lU
:ho~:s 0~ in part thes~ excoptio~al duties, and to leave tho nrticlo~ to .he deal:
with ~nder the pr~visions of tho general Tariff, in tho event of the rovmoe~ no
continuing to tho Americans the enjoyment of the rights ~oif~rred bydtht R;i;yr~
o(ty Treaty' coupled with th~ fnct thatd the arrt angem;~o' i:;~;d:O:d \/ elem~nt
capable at nny moment of bomg altere or pu an en
•
. • te
of unoortniuty which would have oporate4 prejudicially on the oommercf~l m rests affected by it.
'