Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-12-30
NO. VII.

Before
vigaton OF the Mississippi when under separate pro-
prietors, it viii be necessary TO look 10 general
principles, as furnished by the laws OF Nations and
TO the past history and present usagss OF Europe in
respect to the general subject.
When the Roman Empire extended over the whole
Of the known civilized world, and much OF the bar
barian world the Roman law, az to The rights OF di
ferent countries and domnions, was tho only law OF
nations. Ii not only was recognized aud obeyed
then but its main and manife.tly good principles
were preserved and respected if not always obeyed,
in the understood commercial and political regula
tiOns between the many succeeding donnnations oil
Europe in the middle ages. The ancient Roman law
and the modern acknowledged laws OF nations, both
maintain the right Of every nation, possessing one or
both sides of the upper waters Of navigabe river,
to use the lower waters and outlet o: the river, for
ayipaton and TO transport its commodities to the
ocean, or to foreign markets. The vessels and their
reghts Of the upper country so using the waters Oh
lower, while enjoying the benefit of free passage,
are of course, bound to respect the municipal laws
of the country through which the lower navigation
passes and 10 bear any reasonable charges loi IN
spec,ion &c necessary to prevent violation oil these
laws Except for these necessary restrictions aud
safeguards OF defence, the passage would be entirely
free 10 the vessels and people of the upper country
80 long the two countries were at peace. war De-
tween the neighooring powers, only would alter
these as it must alter all the other relations of peace
1t is true that with the general recognition of this
law of nations, there had been many attempted VIC
laoEs Of its principle; and some of then for time,
have been successful But at the Congress of Vienna
in which all the great powers OF Europe acted Tor
themselves and FOR all the minor powers, siso, this
great principle of the laws Of natioGs wss formally
recognized aud definitely explained, and made obliga
tory nv treaty s;;puatoUs Before tns; time, or u It
should happen again hereafter, the particular vioa'
tiups Of this law of nations would be no reason TOT
GENERAL Disregard or for dsemiDg II null aud OF no
obligation. There is scarcely any provision OF the
laws of nations and especially OF the laws OF lnan
which has not been violated Yet the laws so nfrng
ed continue TO be respected and deemed obligatory
and are generally obeyed These exceptional viola
lions are more and more rere the world advances
In age and in civilization, aud governments and CON-
muntes learn better 10 understand their own true
sts There will be little reason to expect future
violations Of this rule Of free navigation oy any civil
i1.d couutry and least OF ALL in regard 10 the com.
mon right Of the Mississippi, which both the proprie
rary powers would be 80 deeply interested IN pre-
| serving.
claimed under this law, of less Importance In this
discussion than the actual practice and usages and
the experience of Euupe, and Of the civilized world
All the great rivers of Europe, except few In Rus.
sa are and mostly have been since the overrunn'ng
| and dissolution Of the Western Roman Empire, i'll
precisely the situation which, tor the Mississippi is
generally supposed would be an inevitable cause for
war. II this doctrine is true Or worth anything rs TO
the Mississippi then it would be as irre OF every
other navigaue river, Of which different portions
passed through different dominons. Now, precisely
such divided property is held by different sovereign
states 10 the upper and lower navgable waters of the
Danube, the Khine tho Po, the Elbe, (which passes
through no less than sever separate domnionsh 1.-THE We
ssr the Vistua tho Nemeu, the Dneser the Scheldt,
the Msuse land Massey tho Mosslle the Dauro, and
the Oden in connection with iis navigabe tributary
the Warta. Among the sovereign powers to which
tbess divided properties Of soil and jout rights of
navigation belong, arc Russs, Turkey, Austria, Bs
yaric, Prussia, Hanover. Piedmont, Lombardy tbe.
tors being Austran,l Belgium, Holland, f9rt1Eal
and Spain, besides other smaller powers. II men
ths mere condition of two or more powers, possess
ing ssysraly the upper, middle aud lower wsters
of a naviyabe river, was sufficient and sure cause
of disoord and war, all these countries would have
been involved In war for ten centuries or through
oct the whole time of their separate political exist.
euce.. Yet, many as have been the wars, end trivial
their causes in moet cases, not is remembered to
have been produced by this cause alone Some TEN.
porary difficulties have indeed occurred-and some
wrongs have been inflicted, in this as in numerous
other cases of supposed conflicting interests, BY the
strong on the weak. But though connected with
these oint rights uf navigation, these difficulties and
Injuries have 10 case amounted, or at least 10 re-
cent times. TO permanent denial, by the power on
the lower waters Of river, OF the navigation and
passage Of the vessels Of the upper country to foreign
markets. An exception to this position may sppesF