The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-11-27
Tho Navigation or the Amazon and its I'm
per Tributaries

hosc teutA ktu very DfeNy on The climate
sources OF the valley OF The Amazon. We shall have
more 70 say on those topics; but in this number shall dis
suss aicr lew more remarks. the right OF navigating
mat nver The valley OF the Amazon. including that Of
miles . Oas ASH
The ornoco is properly included. because con-
nec'ed with i by Dsyisable stream, the
Cassiquiare. The valley OF the MISSISSIPPI
VI contains square miles 9S2000
The -Ksang, The great river Of China $4,000
Inc Nile SEQ 900
The Danube aga 900
Yet The Danube valley at this moment attracts per-
maps, more attention than the valley OF the Amazon,
moved as Is from our material interest II is true, there
10 great moral interest about the transactions in that
region, with which the American people cannot +, il TO
sympahze. But this Amazon question is one which
comes home to our business and bosoms by the double
lie OF both material and moral interests In the sequel
the natural position OF things cannot fail of its full ef
feet
We shall now show tina, the nations on the upper i,b
uaries OF the Amazon, and that part OF the Amazon
within their limits have The right To navigate the ANA
zon subject to the restrictions have enumerated will
prove this 70 be Z wslestabshed law Of na,lons--a
liked principle But Brazil denies il, and in ance OF
Il shuts up the navigation oil it from all the
the Upper Amazon and it's mighty continents, covering
territory q $4,000 square miles, and including about
seven millions OF population OF course, Brazil denies
to US the corela,yc right (Which is fairly deducbe)
90 up 70 those great streams above and thus by tramp
log the law Of nalions seeks 10 establish and main
tam an odious and perpetual monopoly II Brazil
willing to treat upon fair terms, might be OF those
in which, although there be clear and undoubted
right, Is most conducive 10 all interests to settle the
question by treaty. Blu, we know now that Brazil has
intention 10 settle the question in that way After the
many proofs she has given Of her purpose that respect,
should be creduous indeed expec, her enter in
to unsatisfactory arrangement should consider myself
acting with the idea OF the rustic in nduging such an
anticipation | should deem myself waiting in expect.
ancy for the ounain-fed stream 10 dry. But the law
OF nations and the interests OF commerce will yet
pei Brazil 10 abandon this worse than Japanese policy
On the subject OF navigating commercial highway
below by nations possessing navgabe above,
uuOtHtlOnS WhpaOn ina n
the most recent and one OF the best writer's The law OF
nations, who refers TO old and long respected authorizes
to support his views be by reference to the
pages which We cite:-
" The independence of the United States was &C.
wledged. and the right OF navigating the Mississippi
by the citizens OF the United States was secured 10 HE
citizens Of the United Sales and the subjects OF Great
Britain by the separate treaty between these powers
Bot Spain became possessed by cesson from Fance) OF
DO branches OF the Mssisspp al it's mouth and
siderable distance above its month. claimed its exclusive
alton below The point where the southern boundary
OF the United States struck the river. This claim
reslsed and the right 10 participate in its navigation,
from lis TO ne sea, insisted on by the United
States, under the treaty OF 1863 and 1885, well by
the law OF nature and nations The dispute was termi
by The 4th article OF which his Catholic Majesty agreed
that the navigation OF the Mississippi it's whole length,
from ITS source to the ocean, should be free TO the cil
zens OF the United Staies and BY the 22d article they
were permitted 10 deposit their goods The port of New
Orleans, and 10 export them from thence without paying
any other duty than the hire OF the warehouses;. The
United States, having included their territory the whole
river from lis source to the Gull of Mexico, and The
stipulation OF 1883, securing 10 British subjects right
10 participate IN It's navgafio mol being renewed by the
treaty OF Client IN 1914 the right Of navigating the Mis-
ssslppi is invested exclusively in the United States
The right Of The United States to participate with
Spain IN the navigation OF the river Mississippi was
rested ty The American government on the sentiment,
written deep in the heart OF man. that the ocean is free TO
all and its rivers 10 all their inhabitants This natural right
found 10 be universally acknowledged and protected
IN all tracts OF country united under the political
society by laying the navigahle rivers oren all their
inhabitants when those rivers enter The limits OF another
society," II the right OF the upper inhabitants to descend
the stream was IN any case obsituc,ed, IL ac OF
force by stronger society agains, weaker conGe nned
by The judgment OF mankind The then recent case Of
Tue aempt OF The Emperor Joseph H. TO open the nav
CATION OF The Schedi from Antwerp 10 the
sdered striking proof OF The general union oil sent
meDl this point as il believed that Amsterdam
had scarcely an advocate out Of Holland and even there
her preensons advocated the ground OF trcales
aud of natural right. This sentiment OF right 10
favor of the upper inhabitants must become stronger in
The proportion which their extent OF country bears 10
The lower. The United States had 900 square miles
of nhabable territory on the mississippi river and lis
branches, and this river and us branches afforded many
thousands OF miles OF nav'gabe waters penetrating Tins
territory in all its parts"
The Gaze OF The South American republics on the Upper
Amazon and lis tributaries 49, these grounds, stronger
than OF the United States at that period with
spect to the Mississippi The number oil square miles oil
territory greater than the United States then held in the
Mississipp valley The character of the navigation is
which those will bear More than hve thousand
miles navigation that will carry the heaviest ships
About Two thousand i've HUNDRED miles more III bear
vessels oil from ten thonsand ions II is only
by consderng The prospective population al the Misss-
spp valley above the Spanish territory that give
similar force TO the clam OF the United States 10 that
which is possessed By the nations the Upper Amazon
and its tributaries And IN this comparison fails OF the
full energy OF the in favor OF those South Amer
naions, for is six 10 eight which valesi,
Az 900 100000 Al the date 1909 of hrrcest
contention Bbon this right, had ouly about 500 600
Inhabitants on all The waiera of The Mississippi then in
our possession. The nations on the Upper Amazon and
conhuenis have about millions and their terri.
lory from its veeeiabe and mineral riches aud extreme
healthness OF the climate. capable, under good gov
eminent, OF supporting with ease two hundred millions.
Wheaton continues the rights OF the upper inbabi-
tsns OF stream passing on 10 the ocean, follows:
IL the appeal was TO The law Of nature and nations
expressed by writers the subject II agreed by
them that II the river where II passes between
Florida and Louisiana, were the exclusive right oil Spain,
stu, an innocent assage along was rghtiul right IN
those bhablIng lie borders above II would indeed, be
what these writer's call imperfect right because the
modification OF It's exercise depends IN considerable de-
gree on the convenience OF the nation through which
they were 10 pass. But IL still right real any
other night, however well defined and were il 10 be
fused 10 be sbacked by regulations not necessary
for The peace and safety Of the inhabitants 10 render
ta use mpactcebie II would then be injury OF which
we should be entitled TO demand redress"
Ii is legitimate inference that where redress may be
Justly demanded right be enforced by arms. There
Is reason in force, well force III such
we're not The tact, all would be contrary the law
OF God and the best interests OF mankind
Blu, we will pursue the argomen, 10 another number.
A.
see wbcsons Elements OF International Law, y. 2is.