trail between the said points as may lie on the Canadian side of the temporary line such goods and articles as they desire, without being required to pay customs duties on such goods and articles."

Thirdly (and most important in its relation to the grounds of your protest). That it is stipulated "that the citizens or subjects of either power, found by this arrangement within the temporary jurisdiction of the other, shall suffer no diminution of the rights and privileges which they now enjoy."

The provisional arrangement so entered into by the United States and Great Britain was made public in October last, so that its provision became widely known to all parties interested, affording ample opportunity to forsee its effects when the officers of the two Governments should have completed the mechanical operation of marking the temporary line agreed upon by the erection of posts, stakes, or other appropriate temporary marks. To enable a full understanding in these particulars, the published copies of the modus vivendi were accompanied by a map, carefully prepared from the latest and most authentic sources. The arrangement and the map were printed in nearly all the newspapers at the time, constituting an abundant public notification. It would seem, therefore, that the recent action of the surveyors named by the two Governments in setting up the prescribed marks can not be deemed a surprise. Neither does their action involve any new procedure or compromise amounting to an alteration of the engagement entered into in October last. The surveyors had no discretionary powers as to the subject-matter of the boundary dispute, their sole function being to mark upon the surface of the ground the provisional line upon which the two Governments had reached a compromise for the time being.

The rights of the United States in the matter of the treaty boundary are absolutely intact, and their assertion in due time will be earnest and thorough. In the meantime this Government foregoes no part of its right and power to protect its citizens in the Porcupine Creek region, whether they be temporarily within American or British jurisdiction, in the full enjoyment of all rights and privileges which they had before the modus was concluded, and to see that their freedom of access and exit with their goods is not unreasonably impeded.

I am, sir, your obedient servant,

JOHN HAY.

No. 1185.]

TONNAGE TAX AT TRINIDAD AND TOBAGO.

Mr. Day to Sir Julian Pauncefote.

DEPARTMENT OF STATE, Washington, September 16, 1898. EXCELLENCY: Referring to the proclamation of the President dated April 7, 1885, exempting from tonnage tax in the United States vessels entering from the island of Trinidad, British West Indies, on the ground that no duty was imposed as tonnage tax or as light money, and that no other equivalent tax on vessels of the United States was imposed at said island by the British Government, I have the honor to inquire whether the statement is correct which has been received

by the Treasury Department of the United States to the effect that a tonnage tax of 4 pence per ton was imposed on the American bark Auburndale at the time of her clearance for Washington, D. C., August 17, 1898, and that a similar tax is imposed on vessels entering at Trinidad?

I have, etc.,

WILLIAM R. DAY.

Sir Julian Pauncefote to Mr. Hay.

BRITISH EMBASSY, Washington, November 7, 1898.

SIR: In reply to a note from Mr. Day of the 16th of September last, No. 1185, with regard to a tonnage tax levied at Trinidad, I have the honor to inform you that I am in receipt of a dispatch from the Marquis of Salisbury inclosing copies of the Trinidad ordinances Nos. I of 1896 and VII of 1898, under which the dues referred to are levied, and stating that they have been rendered necessary in order to provide for the interest and sinking fund of the loan which has been raised to meet the cost of the extensive works, still in course of execution, to improve the accommodation and lighting of the harbor of Port of Spain, Trinidad.

I am directed by his lordship to forward you the ordinances' in reply to the inquiry of your Government.

I have, etc.,

No. 1255.]

JULIAN PAUNCEFOTE.

Mr. Hay to Sir Julian Pauncefote.

DEPARTMENT OF STATE, Washington, November 14, 1898. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 7th instant, explaining the tax of 4 pence a ton levied on vessels arriving at or leaving the ports of Trinidad, British West Indies, and to inform you, in reply, that a copy thereof has been sent to the Secretary of the Treasury for his information.

I have, etc.,

No. 1271.]

Mr. Hay to Sir Julian Pauncefote.

JOHN HAY.

DEPARTMENT OF STATE, Washington, November 25, 1898. EXCELLENCY: By a proclamation dated April 7, 1885, upon proof then appearing satisfactory that no tonnage and light-house dues or other equivalent tax were imposed upon vessels of the United States arriving at the island of Trinidad, British West Indies, the President of the United States, by virtue of the provisions of section 14 of the act of Congress approved June 26, 1884, "to remove certain burdens on the American merchant marine, and to encourage the American

1 Printed copies sent to Treasury Department.

foreign carrying trade, and for other purposes," did declare and proclaim that from and after the 7th day of April, 1885, the suspension of the collection in ports of the United States upon vessels arriving from any port in the island of Trinidad "of so much of the duty at the rate of 3 cents per ton as may be in excess of the tonnage or lighthouse dues or other equivalent tax or taxes imposed on American vessels" by the government of the island of Trinidad.

And by a proclamation dated December 2, 1891, upon proof then appearing satisfactory that no tonnage or light-house dues or other equivalent tax or taxes were imposed upon vessels of the United States in the ports of the island of Tobago, one of the British West India Islands, the President of the United States, by virtue of the authority vested in him by section 11 of the act of Congress entitled "An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes," approved June 19, 1886, did declare and proclaim that from and after the 2d day of December, 1891, the suspension of the collection of the whole of the tonnage duty imposed by said section of said act upon vessels entered in the ports of the United States from any of the ports of the island of Tobago.

It appearing from the copy of the ordinance of Trinidad and Tobago inclosed with your note of the 7th instant that from and after the 1st day of July, 1898, tonnage or equivalent taxes have been imposed upon American vessels entering the ports of those islands, and that, consequently, the conditions contingent upon which the proclamations above referred to were issued no longer exist, the President is constrained to issue his proclamations revoking said proclamations of April 7, 1885, and December 2, 1891.

Before doing so, however, it is deemed considerate and proper to bring the subject to your timely attention, as I now have the honor to do, in the possibility that the charges imposed by the ordinances of Trinidad and Tobago since the agreements of 1885 and 1891 may be found to be in conflict therewith and be rescinded in season to avoid the necessity of issuing revocatory proclamations, as the President is required by statute to do should the conditions under which the original proclamations were issued be ascertained to no longer exist.

I have, etc.,

Sir Julian Pauncefote to Mr. Hay.

JOHN HAY.

BRITISH EMBASSY, Washington, November 28, 1898. SIR: I have the honor to acknowledge the receipt of your note No. 1271 of the 25th instant respecting the ordinances of Trinidad and Tobago, and the necessary action to be taken by the President, toward the revocation of the former proclamations, in consequence of the imposition of taxes imposed on American vessels by the government of the island of Trinidad.

I shall not fail to bring your courteous note to the immediate attention of Her Majesty's Government, and shall be pleased to convey to you the reply I may receive thereto. JULIAN PAUNCEFOTE.

I have, etc.,

No. 1300.]

Mr. Hay to Sir Julian Pauncefote.

DEPARTMENT OF STATE, Washington, January 4, 1899. EXCELLENCY: Referring to my note No. 1271 of November 25 last, in which by the reason of the ordinances of Trinidad and Tobago under which tonnage or equivalent duties are imposed on American vessels in the ports of those islands, the necessity was shown for the revocation of the President's proclamation of April 7, 1885, and December 2, 1891, suspending the collection of tonnage or equivalent taxes on vessels from ports in those islands, I have the honor to inform your excellency that an affidavit sworn to on December 28, 1898, by the captain of an American vessel, and filed with the Secretary of the Treasury, shows that tonnage taxes are still exacted of our vessels in Trinidad.

In my note referred to, I also stated, that, before preparing the revocatory proclamations, I deemed it considerate and proper to bring the subject to your attention in order that the charges imposed by the ordinances of Trinidad and Tobago since the agreements of 1885, and 1891 might be rescinded in season to avoid the necessity of issuing revocatory proclamations, as the President is required by statute to do, should the conditions under which the original proclamations were issued be ascertained to no longer exist.

In your note of November 28 last you stated that you would bring my note to the attention of Her Majesty's Goverment and should be pleased to convey to me the reply you might receive thereto.

I have the honor to inquire whether this reply might not be expedited. I have, etc.,

JOHN HAY.

Sir Julian Pauncefote to Mr. Hay.

WASHINGTON, January 5, 1899.

SIR: I have the honor to acknowledge the receipt of your note No. 1300 of yesterday's date, and to inform you I shall at once forward it to the Marquis of Salisbury with a request for an early reply to the considerations set forth in your previous note concerning the duties imposed by the ordinances of Trinidad and Tobago.

I have, etc.,

JULIAN PAUNCEFOTE.

Sir Julian Pauncefote to Mr. Hay.

WASHINGTON, February 14, 1899.

SIR: With reference to your notes, No. 1271 of November 25 last and No. 1300 of the 4th ultimo, on the subject of the ordinances of Trinidad and Tobago, I have the honor to inform you, by direction of the Marquis of Salisbury, that the dues referred to in your note are not tonnage dues on vessels.

They are in reality landing charges on merchandise imposed to defray the cost of harbor works. They are calculated on the tonnage

of the cargo actually landed in or shipped from the colony of Trinidad, this mode of collection having been found to be the most convenient. It appears, therefore, questionable whether they are to be considered to be analogous to the dues referred to in the President's proclamation of April 7, 1885, and December 2, 1891.

The above considerations have been put forward by the governor of the colony of Trinidad, to whom the contents of your note No. 1271 were referred, and I am directed to communicate them to your Gov

EXCELLENCY: Answering your note of February 14, 1899, in further relation to the tonnage dues imposed upon cargo landed in the colonies of Trinidad and Tobago, I have the honor to advise you that upon reference thereof to the Secretary of the Treasury and reexamination of the matter that officer is clearly of the opinion that under the provisions of the ordinances in question certain charges are levied and paid by entering vessels which come, in fact, within the purview of the statute under which the President's proclamation of April 7, 1885, and December 2, 1891, were issued, and that it becomes necessary therefore for the President to issue new proclamations withdrawing the former ones whereby exemption from tonnage taxes was granted in favor of vessels entering the United States from ports or places in Trinidad or Tobago.

In view of the correspondence heretofore exchanged with you on the subject, I deem it appropriate to give you timely notice of this conclusion and of the proximate issue of the President's revocatory proclamations.

I have, etc.,

JOHN HAY.

No. 1377.]

Mr. Hay to Sir Julian Pauncefote.

DEPARTMENT OF STATE, Washington, March 13, 1899. EXCELLENCY: Referring to my note No. 1367, of the 2d instant, and to previous correspondence on the subject, I have the honor to inclose herewith copies of two proclamations this day issued by the President, revoking the proclamations of April 7, 1885, and December 2, 1891, which suspended the collection of tonnage dues on vessels arriving at ports of the United States from ports of the islands of Trinidad and Tobago, respectively.

Additional copies will be sent to you as soon as printed.

I have, etc.,

JOHN HAY.