Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1870-12-07

OF tlc tnltel states should have forever, m com
mon with British subjects, the right of taking /
fish in the waters therein defined In the waters
not included in the limits named in the conyen-
ton, " within three miles Of parts Of the British /
coast, Il has been the custom for many years to
give 10 intruding fishermen OF the United States
reasonable warning Of their violation Of tho
technical rights OF Great Britain.
The Imperial Government Is undeNtood 10 have
delegated the whole or a share Of It's jurisdiction
or control OF these nshOre fisheries grounds to
the colonial authority known as the Dominion Of
canada and tins semi-indepcndent but rrcspon-
Stole agent has exercised its delegated powers in
an unirendly way. Vessels have been seized
without notice or warning, in violation of the
custom previously prevailing and have been
taken INTO the colonial ports-thcir voyage brok
en- mp and their vessels condemned.
There is reason TO believe that this unlriendly and
NeAhtlous treatment was designed 10 bare harshly
upon the hardy fishermen Of the United States
with view 10 political effect upon this Govern
ment. The statutes Of the Dominion Of Canada
assume still broader and more untcnabe uris-
diction over the vessels of the United States
lhey authorize officers or persons o. bring vessels
hoNering within three marine miles of any Of the
coasts bays creeks or harbors Of Canada, into
ports 10 search the cargo, to examine the master
under OATH 10 change the cargo and voyage, and
/ 10 inlet upon hun heavy pecuninry penalty IL
/ true answers aro not given and il such vessel
Us lound % preparing TO fish within three marine
,'''''' 'i Nlll SUCH tldStSs nays CTcDN~ dil NAI
DORIS, without license, or after tAc expiration 1i
the period named in the last license granted tn o.,
they provide that the vessel, with her tackle De-,
/ Ne, shall be forfeited
10 is not known that any c1ndcmnntions have
| been made under this statute. Should the author
/ lues OF canada attempt to enforce 10, IL will be-
come my duty 10 take such steps ms may become
necessary ~ protect the rights of the citizens OF
I the United States. 10 has been claimed hy her
/ Malesiy's officers that the fishing vessels 90 the
I united states have no right On enter the open
ports OF the British pussc-sions in North America
except for the purpose of shelter and repairing
damages, of purchasing wood and obtaining Wa
] ter that they have no right IN enter 40 the
/. British Custom House; or to trade there, except
Tor the purchase Of wood and water, and that they
must depart within 81 hours aftornoticc To- leave.
10 Is not known Tint any seizure OF fishing vessel
carrying the United States fac has been nude
under this claim. So far as the claim is founded
on AN alleged construction of the Convention oi
! ISIS 10 cannot be acqulcsCcd IA by the United
states. II is hoped that it will not be insisted ON
by Her Majesty Government. During the confer
ence which preceded the negotiation OF the Con-
vcution Of 1918, the British Commissioners pro-
posed to expressly exclude the fishermen OF Che
/ United States from the privilege of carrying On
trade with any Of her Britmnic Majesty subjects
residing within the limits assigned for their use
and also that 1t should not be lawful for the YES
sells of the United States engaged in the sad
fishery TO have on board any tools, wares, or NOR
chandi~c, whatever, except such as might be-
necessary Tor the prosecution OF their voyages 90
aud from said fishing grounds, and any vessel of
the United States which shall cuntravene this
regulation may be seized, condemned and c0nis-
Gated, with her cargo. This proposition. which
Is identical with the construction now put upon
the language OF the Convention, was emphatically
rejected by the American Commissioner, and
hereup)n was abandoned by the British Pleni-
pOtcntiary, and article - as il stands ia the Con-
al tod lao atIN
that this claim is founded on Provincial or Colo
nial statutes, and not upon the Convention, this
Government cannot but regard it MS uniriendly
and in cuntraycnton Of the spirit if not of the
letter Of the treaty, for the faithful execution Of
which the Imperial Government alone is rospln-
sihle.
:. Anticipating that an attempt iaoy possibly BE
made hy the Canadian authorities in tho coming
season 10 repeat their unucighb0rly acts toward
our fishermen, recommend you To confer upon
the Executive the powers 10 suspend, by pr1cld-
nation, the operation OF the laws authorizing the
transit of goods wares and merchandise in bond
across the territory Of the United States and into
Canada and further, should such mn extreme
measure become necessary, 10 suspend the opera
ton of any laws whereby the vessels Of She Do
minion Of Canada are permitted 20 enter the
waters OF the United States.
POSITION or CANADA.
4 like unfriendy disposition has been mani.
of a claim to the right to exclude the citizens Of
the Uuitcd States from the navigation Of the st.
Lawrence. This river constitutes naval outlet
to the ocean for eight States, with an aggregate
population Of about II 900, 900 inhabitants and
with an aggregate tonnage of 6,6ll 1867 tons
upon the waters which discharge into it, The
foreign commerce of our ports in these waters is
open 10 British competition, and the major part
OF it is done in British bottoms. II the American
seamen be excluded from this national avenue IN
the ocean, the monopoly Of the direct commerce
Of the lake ports with the Atlantic would he
in foreign hands, their vessels on transatlantic
voyages having an access 10 our lake ports which
would be denied TO American vessels in similar
voyages. To state such proposition is to rclute
its justice.
During the administration Of Mr.. John Quincy
Adams, Mr.. Clay unquestionnby demonstrated
the natural right OF the citizens Of the United
States 10 the navigation of this river claiming
that the act OF the Congress of Vienna, in open
ing the Rhine and other rivers to all nations
showed the Judgment of European iursts and
statesmen that the inhabitants OF country
through which nayigahlc river passes hayeu nat
ural right to enjoy the navigation of that river 10
and into the sea, even though passing through
the territory OF another power. This right does
not exclude the co-equal right Of the sovereign
possessing the territory through which the river
dehouches into the sea 70 make such regulations
relative TO the police Of the navigation as may
be reasonably necessary. BUT these regulations
should be framed in liberal spirit of clmitv
and should not impose needless burdens upon the
commerce which has the right of transit lt has
been found in practice more advantageous u ar
range these regulations by mutual agreement, and
the United States are ready 10 make any reason
able arrangement as to the police Of the ST. Law
renee which may be suggested by Great Britain
II tho claim made by Clay was just when the
population Of the States bordering on the shores
of the lakes was only about 3 400 600, it now de-
rycs greater force and equity from the increased
population, wealth, production and tonnage Of the
States ON the Canadian frontiers. Since Mr.. CLAY
advanced his argument in behalf of our right the
principle for which he contended has been fire.
quently, and by various nations, recognized by
law and treaty, and has been extended to several
other great rivers.
BY the treaty concluded at Mayence in 1881.
I the Rhine was declared free from the point where
it is first nayigablo to the sea, BY tho convention
between Spain and Portugal concluded in ls35.
the navigation Of the Douro throughout it,
whole extent was made free for the subjects of
h1.h crowns. In 1853, the Argentine C0niedera-
ton, by treaty, opened the free navigation Of
the Paraguay and the Uruguay, 10 the merchant
vessels of all nations, in 1855 the Crimean war
closed by treaty which provided for the free nav.
treaty, declared that it regarded the rivers ANA
zOn and La Plata, in accordance with fixed prin-
ciples of national law, as highways, or channels
opened by nature for the commerce of all nations
IN lnDJ thc fnfaguhy was lnaue Tree ny treaty,
and in December, 1866, the Emperor OF Brazil,
| hy imperial decree, declared the Amazon to be
open TO tho frontier Of Brazil to the merchant
ships of all nations. The greatolt living British
authority ON this subject while asserting to the
abstract right Of the British claims, says &" It
seems difficult to deny that Great Britain may
ground tho refusal upon strict law, but il i
equally difficult TO deny first, that in so doing she
! exercises hnrshly an extreme and hard law soc.
ondly, that her conduct with respect to the nay.
CATION of the st. Lawren,e is in glaring and dis
ereditable Inconsistency with her conduct with re.
spect II the navigation of the Mississippi on the
ground that she possessed small domain in which
right to navigate the entire volume of its waters
on the ground that she possessed both hanks off
the s.. Lawrence whore it dsemhogues into the
sea. She denies to the United States the right of
navigation though about one-haf Of tho waters
OF the lakes Ontario, Erie, Huron and Superior