The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-12-10

made under this statute. Should the author
titles OF Canada attempt to enforce it, it will
become my duty to take such steps as may be
necessary to protect the rights 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 purpose of shelter and repair
ing damages, OF purchasing wood and obtain.
ing water; that they have no right to enter
at the British Custom House, or to trade.
except for the purpose of wood and water and
that they must depart within twenty -four
hours after notice to leave. 1t is not known
that any seizure Of a fishing vessel, carving
the flag of the United States, has been made
under this clam. 30 far as the claim Is foun-
ded on the alleged construction of the conven-
ton of 1918. it cannot be acquiesoed in by the
United States. 1t is hoped that it will not be
insisted on by Her Majesty's Government
During the conferences which preceded the
negotion of the convention of 1918, the British
Commissioners proposed to expressly exclude
the fishermen Of the United States from the
privilege of carrying on trade with any of His
Britannia Majesty's subjects residing within
the limits assigned for their use, and also that
it should not be lawful for the vessels of the
United States engaged in such fishery to have
on board any goods, wares, or merchandise
whatever, except such as may be:neccessary for
the prosecution of their voyages to and from
said fishery grounds, and any vessel of the
United States which shall contravene this reg
ulatiOn may be seized condemned and con-
tscated 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 Com
missioners, and thereupOn was abandoned by
the British Plenipotentiarles, and article l, as
1t stands in the convention, was substituted.
If, however, it be said that the claim is founded
on Provincial or Colonial statutes and not
upon the Convention, this Government cannot
but regard them as unfriendly and in contra
venton Of the spirit if not Of the letter, of the
treaty, for the faithful execution of which the
Imperial Government is alone responsible
Anticipating that an attempt may possibly be
made by the Canadian authorities in the
coming season to repeat their unneighborly
act toward our fishermen, recommend you to
confer upon the Executive the power to sus-
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
lave whereby the vessels Of the Dominion of
Canada are permitted to enter the waters of the
United States. A like unfriendly disposition
has been manifested on the part of Canada in
the maintenance Of a claim ofright to exclude
the citizens of the United States from the
navigation of the st. Lawrence. This river
constitutes national outlet 10 the ocean for
eight States, with an aggregate population OF
II, 600, 900 inhabitants, and with an aggregate
tonnage of68l 1897 tons upon the waters which
discharge into it, The foreign commerce Of
their ports on these waters is open to British
competition, and the major part of it is done
In British bottoms If the American seamen
be excluded from this natural avenue to the
ocean, the monopoly of the direct commerce
OF the lake ports with the Atlantic would be in
foreign hands, their vessels on trans Atlantic
voyages having an access to our lake ports
which would be denied to American vessels
on similar voyages. To state such proposition
is to refutc its justice. During the Admins
tration of Mr.. John Quincy Adams Mr.. Clay
unquestionably demonstrated the natural
right of the citizens of the United States to
the navigation of this river. claiming that the
act OF the Congress Of Vienna, in opening the
Rhine and other rivers to all nations, showed
the judgment Of European jurists and states
men, that the inhabitants OF country through
which navigable river passes have u
natural right to enjoy the navigation of
that river to, 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 ter
ritory through which tho river debouches to the
Sea, to make such regulations relative to the
policy of tho navigation - may be reasonably
necessary, but those regulations should be franz.
ed in liberal spirit of amity, and should not
impose needless burdens upon tho Commerce
which has the right to transit 1t has been found
in practice more advantageous to arrange these
regulations by mutual agreement. The United
States are ready TO make any reasonable arrange
ment 40 to the navigation Of the ST. Lawrence,
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 shores
Of the lakes was only 3,4OO, 900, It now derives
greater force and equity from the increased pop.
ulation, wealth. production and tonnage of the
states on the Canadian frontier Since Mr.. Clay
the principles for which he commended have been
frequently and BY various nations recognized BY
law or by treaty, and been extended to several
other great rivers. By the treaty concluded at
Mayence in 1881, the Rhine was declared free
from the point where it is first navigable into
the sea. By the convention held between Spain
and Portugal, concluded in 1885, the navigation
Of the Douro throughout its whole extent was
made free for the SUBJECTS Of both crowns. In
1852 the Argentine Confederation, by treaty,
threw open the free navigation Of the Parapa and
Uruguay to the merchant vssels OF all nations
Iu 1856 the Crlmean war was closed by treaty
which nroxided for the fraa nayiuakinn Of The