The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-08

tiond intercourse. It Is an established axiom
smong writer's on international law that
the construction and expense Of public works
Is the only lawful source Of the right
of toll and when government invites
capital and skill to construct works for public
use within its territory, and stipulates for par
ticipstion In the tolls as remuneration for the
grant OF an exclusive privilege, ii receives in
that all The advantage which geographical pos
| etssion copfcrs upon 1t
| This principle is in accordance also with the
universal practice among modern nations. The
| spirit OF the age has no tendency to depart from
| the Law recognised even in the dark ages, that
property cannot deprive nations OF the general
right of travelling over the earth in order to
have communication with each other for carry
ing on t. ade, and o'her just reasons" as Vattel
states it.; aud the came authority is equally ex-
pllcit III denying TO the master of a count y the
right ITO affy hursbepsonc conditions to a con
c'ssion which lie is Obliged to perform, AND witch
be cannot refuse" ard in extending the rigdt of
free transit to merchandise. In the use of this
right strangers are bound to observe the laws OF
the country through which they may pass, and
to respect the persons, property and rights of
| 'he inbabtsnts; while, on the other baud, it is
the duty of the government of the territory to
extend to them its protection against local
attack or hindfance- II it should refuse or neg
| lcct to do this, it virtually abdicstes its
| right of sovereignty, and authorizes other
| Powers TO enter the territory foe the protection
OF its citzeps; for it cannot be argued toat a
COVER, MT mt can refuse to protect the persons and
properly of strangers in its territory, and at the
same time refuse to other Powers the exercise of
TINT 6uv.
1t is the cost to the State Of the performance of
this duty that has been a subject of discussion
with 'he government Of New Granada and may
yet form a point Of conflict with other Of the
irthmus States. The ports of the State OF Pansma
bsve been opened to commerce.; the revenue f N
duties upon goods imported for consumption has
been abolished, without being replaced by aoy
Other system Of taxation: aud consequently the
State finds itself too poor to bear the expense Of
local government ard protection to the transit
route. 1t is not pretended that the traneit pas
| seneers aid merchandise stand in any dagger
from external assault, but ou)y from the attacks
of these lawless in migrants who have come to
settle on the Isthmus, attracted by the concourse
of passengers and traffic. Admitting this to be
the case. it is the obvious duty Of the local go
verDment to enforce upon them an observance of
the laws and international obligations; and If
their spirit ard tendencies are such rs TO eatail
an extra expense npon the State for the purpose
Of oblising them to respect the laws, they
should be the ones upon whom the pecuniary
bur,hen should first fall. If they are permitted
to remain; and If they persist in being bad citi-
zens, they should be inoarcersted or expelled.
Before the local government appeals to tax
alton of the transit trade for the purpose Of
enabling it to perform its duties, il should ex-
baust all the means resorttd TO by well-goverped
pations to sustain the burthens Of the State. Let
ported for consumption; let it organize mode
rate and equitable tax upon real estate and let
il impose those just contributions which are laid
every where among civilized nations for public
purposes II it does this il will not find that the
presence of commerce and travel in its territories
Is q huithtn or a danger. The concourse Of
trade brings with it employment for labor and
the means of obtaining supplies OF articles not
produced. while il affords market for the pro-
ducts Of the coil ard facilities Of intercourse with
other nations. These increase its wealth and
tie means Of bearing those burthens which are
the concomtants of separate nationalities,
The position which our government has taken,
in corsonance with these views, is one due not
only TO itself and our own citizens, but 10 the
| whole world. As the leading power of America
it cannot encourage or consent to the policy
1 desired to be Initiated hy the governments Of
the several Is,hmus States for the purpose Of
taxing the commerce Of every other nation.
Recognizing their just rights Of sovereignty, and
cmneniy desirous Of protecting them in their
enjoyment, it cannot conse Mt, in the case Of New
Granada. or Costa RIGA, or any other Of those
governments, to q course which would eventually
deprive them Of all their present rights and de-
grade them before the world. Those govern
ments must sec the justice Of such position, and
all eventually abandon the untenbblc theory OF
O right 10 tax transit commerce over aud above
tie tolls collected for the use Of their public
wcfkA
Pyglc1y i MERCANTILE AIFMgs.-We de-
-irs 10 direct the attention Of the mercantile
classes 20 40 extract which we make elsewhere