Delaware journal., 1828-02-22
From, the Baltimore .Rnericdn.


Free Napigation of the ST. Laurence ce-On this
subject SO important TO the States of New YORK.
Pennsylvania Ohio, Indiana, Illinois, Vermont and
the Michigan Territory, and interesting. indeeu' 10
the whole Union, as a part OF our relations w'tf
Great Britain, the National Journal OF Monday con-
tains parts of two letters OF instructions from the
Secretary of State to Mr. GaIlan, while yet at me
Court of st. James, We regret that our limits, ana
the miscellaneous character of our paper, ,prevens
our giving at full length document which would
set the nature and merits of this question between
the two governments, in just point OF light TO cur
readers. The position taken by the Secretary, en-
the part of this government. IS, that the Cniteu
States having both by the law OF nature ana ms
guarantee of treaties, right OF Navigation OH ehe
Great northern lakes, as likewise on the ocean,
Which is common TO all mankind have OF necessity
the accessoria right of navigating the only outlet Oh
those lakes to that common highway OF nations He
\ considers the St. Lawrence as STRAIT between ma
vigabe seas and the right to navigate strait IN
such circumstances, is fully recognized by interna-
tional law, he veryjusy contends that the accdenc
tai denomination Of river ought not to deprive us OF
the exercise of the right on water which, in all
particulars of substance is strait between inland
seas and the ocean. This analogy, first applied IN
this controversy, says the Journal, by Mr. Clay. IS
obvious aud reasonable depending on the iinmuabie
principle of that common reason which IS the basis
and essence of public law.
us that one Of the two co-propreors OF the lakes,
should altogether exclude his associate from the use
of a common bounty of nature. He distinguishes,
(which the British PlenpOten.iaries do not.) be-
tween right of passage by land, and one oy water,
through the territory OF nation. The hrst involves
destruction and deriment of various sorts to tlm-
ber to roads, and cultivated fields the last involves
none But if even the first is not to be arbitrarily
refused by nation, las. by the law of nations, it IS
not) the right to the last is much the clearer as
it can produce no imaginable injury. He distinguish
es with like Justice, between the case OF rivers
which rise and debouche altogether within he limits
of the same nation. ard of those which having their
sources in states above. discharge themselves with
: in the limits of other states below The incontest-
# Bile right of nation to trade with others by their
consent carries with it that If using the navigahe
. means which are necessary for its enjoyment, and
imposes corresponding obligation on third ma
tion not to interpose obstacles to the use OF such
e right. The American government is prepared to
extend this principle, in behalf of Great Britain to
n the Columbia and the Mississippi, if it shall be found
N that any part of those rivers is navgabe within the
10 British territories in North America. The engage
,e ments at Paris, in 1914, and at Vienna. i'll the fol-
,e lowing year. between the Powers of Europe, in re
spect to the navigation of the rivers of that continent
" are cited by Mr. Clay to prove, that IN stpulatlnG
for due regulations of their navigation, it is not the
n right but the use of the right that is to be deter
n mined by their consent 1t is shown, also, thai
81 when in the treaty ofl7s5 Great Britain stipulated
that the navigation of the Mississippi should forever
so remain free both to herself and US, she promulgated
m law for Spain, to which she now refuses to submit
h. herself for Spain, with respect to the mouth OF the
O. Mississippi in 1888, stood in the same relation tc
or the United States and Great Britain, Great Bri
s. tain now does in regard to the mouth Of the St. Law
n. renee, to the United States.
at The United States, if disposed, might exert with.
10 in their jurisdiction, power overth st. Lawrence
ID similar to that exercised by Great Britain. The
best, and, for descending navigation, the only chan
u el oftbat river between Barnhart's Island and the
s. American shore, is within limits and every
British boa; and raft descending the st. Lawrence
~ comes within our exclusive jurisdiction. That the
Of United States have orborne to WELD the thus
or arising, to the prejudice of Canadian NAVIGATION
Mt hough urged do by the Legislature OF N York