The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1870-12-09

COdbtS, DdyS, CGtthS VI HuTDOTS vi SdNt-
da into port, to search the cargo, to ex-
go and voyage, and to inflict upon him
a heavy pccuniary penalty If true an
swers are not given; and If such ves-
sci Is found preparing to fish within
three marine miles Of any such coasts,
bays, creeks or harbors without Ii
cense, or after the expiration of the
period named in the last license granted
to 1t, they provide that the vessel with
her tackle, etc, shall be forfeited. 1t is
not known that any condemnations
have been made under this statute.
Should the authorities of Canada at
tempt to enforce it, it will then become
my duty to take such steps as may be
necessary to protect the rights of the
citizens of the United States. 1t has
been claimed by her majesty's officers
that the fishing vessels of the United
States have no right to enter the open
ports of the British possessions in North
America, except for the purposes of
shelter and repairing damages, of pur.
chasing food and obtaining water that
they have no right to enter at the
British custom houses, or to trade there
except in the purchase of wood and
water, and that they must depart with
in tWenty.four hours after notice to
leave. 1t is not known that any seiz.
ure of fishing vessel carrying the flag
of the United States has been made un
der this claim. So far as the claim il
founded on an alleged construction of
the convention of 1918, it cannot be
acquiesced in by the United States. 1t
is hoped that it will not be insisted up
on by her majesty'-government. Dur
ing the conferences which preceded the
the British commissioners proposed to
expressly exclude the fishermen of the
United States from the privilege of car.
rying on trade with any of his Britanic
maiesty's subjects residing within the
limits assigned for their use, and also,
that it should not be lawful for the ves-
sells of the United States engaged in
said fishing, to have on board any
goods, wares or merchandise whatever,
except such aS may be necessary for the
prosecution of their voyages to and
from said fishing grounds, and that any
vessel of the United States which shall
contravene this regulation may be seiz-
ed, condemned and cpnfiscated with
her cargo. This proposition, which is
identical with the construction now put
upon the language of the convention,
was emphatically rejected by the Amer
lean commissioners, and thereupon was
abandoned by the British plenipotenti-
aries, and article l as it stands in the
convention was substituted. If, how
ever, it be said that this claim is found
ed on provincial or colonial statutes,
and not upon the convention, this gov
ernment cannot but regard them as un-
| friendly and in contravention of the
| spirit, if not of the letter of the treaty
| for tho fait n fuI aypputinp Of which thp
| imperial government is alone respon.
sible.
Anticipating that an attempt may
possibly be made by the Canadian au.
thorities in the coming season to repeat
their unneighborly acts toward our
| fishermen, l recommend you to confer
upon the executive the power to Su5
pend by proclamation the operation OF
| the laws authorizing the transit OF
goods, wares and merchandise in bond
across the territory of the United States
| to Canada, and, further, should such an
extreme measure become necessary, to
suspend the operation Of any laws
whereby the vessels of the dominion OF
| Canada are permitted to enter the Wa
ters of the United States. A like un.
friendly disposition has been manifest.
ed on the part of Canada in the main
tenance Of claim of right to exclude
| the citizens of the United States from
tutes natural outlet to the ocean fol-
eight States, with an aggregate popula-
tion of II SOC, 600 inhabitants, and with
an aggregate tonnage of 651 1867 tons
upon the waters which discharge into
it. The foreign commerce of our ports
on these waters is open to British com
petition, and the major part of it i:
done in British bottoms. If the Amer
lean seamen be excluded from this ma
tional avenue to the ocean, the monop
oily of the direct commerce of the lake
ports with the Atlantic would be in
| foreign hands, trans atlantic voyagers
having an access to our lake ports would
be denied to American vessels on simi
lar voyages. 10 state such PROPOSE.
tion is to refute its justice. During the
administration of John Quincy Adams
Mr.. Clay unanswerably demonstrated
the natural right of the citizens Of the
| United States to the navigation of this
river, claiming that the act of the Con
gress of Vienna in opening the Rhine
and other rivers showed the judgment
of European iurists and statesmen, and
that the inhabitants of a country
| through which navigable river passe'
| q
CATION of that river to and into the sea
even though passing through the terri
| tories of another power. This righ
does not exclude the cOequal right o.
the sovereign possessing the territory
through which the river debouches into
the sea to make such regulations rela
tive to the police of the navigation a:
may be reasonably necessary but thest
regulations should be framed in liber
al spirit of comfy, and should not i'm
pose needless burdens upon the com
merce which has the right of transit
1t has been found in practice more adj
vantageOus to arrange these regulations
by mutual agreement. The United
States are ready to make any reasonable
arrangement as to the police of the St
| Lawn ence which may be suggested by
Great Britain. If the claim made by
Mr.. Clay was just, when the population
of the States bordering on the lakes
was only 3 100000, it now derives great
er force and equity from the increased
population, wealth, production and
tonnage of the States on the Canadian
frontier. Since Mr.. Clay advanced his
argument in behalf of our right, the
principle for which he contended, has
been frequently and by various nations
recognized by law or by treaty and has
been extended to several other great
rivers. By the treaty concluded al
| Mayence in 1881 the river was declared
free from the point where it is first nav
igable into the sea. By the convention
between Spain and Portugal, concluded
in 1885, the navigation of the DourC
throughout its whole extent was made
free for the subjects of both crowns. Ir
1858 the Argentine Confederation by
treaty threw open the free navigation
Of the Parana and Uruguay to merchant
vessels Of all nations. IN 1856 the
Crimean war was closed by "a treaty
which provided for the free navigation
of the Danube. In 1858 Bolivia, by
treaty, declared that it regarded the
rivers Amazon and LaPlatte, in accord
anc0 with the fixed principles OF the
national law, as highways or channels
open by nature for the commerce Of al
nations. In 1859 the Paraguay wa;
made free by treaty, and in December
| 1866, the Emperor OF Brazil, by imper