The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-28

THE 9E
.pSsar a the commerce d the great valley we're con
he peace q PAYS s O.. ooneiassd N l7Ss between
sst Britain, France and Spanwhercby the OLD trenci
Ssss Britain n' soSursd, IN addition o her orisns
colonies, Canada from France and the Hordas from
donno1 over noun. which Ssn nsiadod
NE territory the west bank Of the Mississippi from III
source and the Island Of Orleans on the east bank Of tn
river which reached from the Bayou Ibervle to tn
Gulf France accordingly had possession Of both banks
4 the river from Ibervile down
BY the treaty OF i703 the boundary betwee Louisiana
asd the British possessions through the middle
The Mississippi river, from its source 10 the mouth
she bervle thence through Lakes MAurepas and Pont
BY that treaty agreed that the subjects Of Great
Britain should have the right forever Of navigating the
Mississippi from its source to the and all it's pas
sages, out, without being moested stopped or
subjected TO the payment Of any duty whatsoever
toms which led to this treaty, made secret treaty,
ocdmg 10 Spain the whole Of Louisiana II remained
rishts and Obligations towards England including the
stipulation Tor the perpetual free navigation Of the MIS-
BY treaty of 1888 the independence Of the United
States was acknowledged by Great Britain contempt
Saneously with cession Of the Foridas 70 Spain with
che denton Of the thirty first degree Of latitude az the
northern boundary line OF the Floridas from the Misss
spp river eastward to the Chatahoochee The western
bsndary Of the United States defined it had been
= the treaty Of I76 with France except that the south
sr point on the river was liked TO be at the
Il the thirty first parallel Of latitude, instead Of the
The eighth article Of the treaty as folsws-
The navigation Of the river Mississippi, from its
surce the ocean shall forever remain free and open
- the subjects ofGreat Britain and the citizens Of the
Unjsed States.
Great Britain had previously the same stipulation with
France when France possessed the whole right bank OF
- Mississippi, and jurisdiction over one half OF the
svsr-a stipulation the obligations Of which passed 70
Han which had succeeded TO the dominion Great Britain
n cedng her sovereignty 10 the United Staee stipulated
g continuance of the same privilege from the United
Bates
The United States also succeeded the rights of Eng
Ind derived from the treaty Of l763 with France, TO
vhich Spain had succeeded.
Between 1888 and 1875 this subject much contested
y Spain and caused great excitement in the western
country Spain denied the right OF navigation-and
after the treaty made regulations for the collection Of
heavy duties imports-an the way down the Missis
spp river and establishing military posts and appoint
hs officers with instructions, collected the duties by mi
mary force This was in furtherance Of scheme Of
Spanish policy to create a dissatisfaction with the fede
r government in the Western States aud de.ach them
cn the federal Union, then under the government Of
ahe old confederation The inrigues for that subject
form, however, different branch Of the subject from
Mat which are considering. The claim Of Spain
denied very srenuously by the government but Spain
Welding and the agitation continued TO the year
1796 when the treaty Of Madrid concluded, under
washgtons administration, between the cnted States
mat treaty contains two provisions in respect TO the
navgation Of the Mississippi
HIS Catholic Majesty has likewise agreed that the navi
9niisn Of the said river 1.-THE Mississpp, in its whole
heaatb from it's TO the ocean shall be free only
- AH subjects and the citizens Of the United States
e he should extend this privilege " the subjects Of
cher Powers by special convention
by the twenty second article the right Of deposit 10
regulated thus
His Catholic Majesty win permit the citizens Of the
United States for the of three years from this
shae 70 deposit their merehandses and effects in tho
Dsrt Of New Orleans and to export them from thence
snt paying any other duty than 70 pay fair price
= continue this permission, If he finds that during that
te II Va not preudciai to the interests Of SPAIN he
Should not agree to continue thus he will assign to
them another part Of the banks Of the Mississippi
equivalent Establishment.
BY this treaty, the free navigation Of the river
again specially confirmed by Spain TO the States which
had previously succeeded TO IT, by their treaty, from
France, by which Spain was also bound.
The Western people were comparatively quiet while
Mat right Of deposit continued but at the expiration
Il the three years not renewed another
Daee designated and excitement created, and
expeditions projected in the Western States for the sez
uSe OF New Orleans The right restored by the
Spanish government 1899 restored again in 1901 sus
pended again in 1902 and restored in 1903 when the
t was finally put at rest by the conclusion Of the treaty
BY which Louisiana purchased by the United States
and the whole OF the Mississippi river from it's source
- mouth, included within the territorial limits of the
The purchase Of Louisiana was made from France in
Isos but il bad remained in the possession Of Spain up
within few days Of the transfer from France to the
United States The treaty Of transfer from France
Spain was negotiated tn 1900 BY the convention Of
chat year--bctween Napoleon, First Consul Of the
sbtaned q retrocession Of the province Of Lou
bAna, 10 be delivered six months after the exc
sutaon Of certain conditions therein named, the
principal OF which the transfer Of the kingdom
e Erra the present Tuscany, in Italy 70 the Duke o.
Parma, son- in Law OF the present King The estimated
value OF the Italian territories 100 900 000f which
- the nominal value then placed the whole territory
But the delivery not actually made until the 10th o
November ls03 after the signing Of the treaty of trans
fer from France to the United States The French IA
Dsntinued 70 ny until the 10th Of December, when tn
territory formally surrendered 70 Messrs. Caiborn
and Wukinson Commissioners Of the United States.
One foreign privilege only existed the Mississippi
sitter this date which the right Of the British 10 fire.
navigation under the treaty Of 1763 to the obligation
which the United States succeeded SUCCESSORS of a
and France well by the treaty OF 1883 between tn
Omitted States and Great Britain. The privilege
especially confirmed enlarged by the treaty Of 1874
Between Great Britain and the United States.
The with Great Britain put end to that, and
renewal refused by the American Commissioners who
scgotiated the peace OF 1916
These all the treaties which have regulated the
Mississippi navigation for q hundred years. BY all Of
them the navigation has been declared free 70 all nhabi
tAne It's banks, and moreover through all that time
the doctrine Of the Americans colonies and States
has been that the freedom Of navigation is a natura
right, for which treaty spulatons only matters
convenient legislation.