Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-08


also that it should not be lawful for the vessels
of the United States engaged in the said fsh-
cry TO have on board any goods, wares or mer-
chand1ze whatever, except such as may be
necessary for the prosecution of their voyages
to and from said fishing grounds, and any YES
sci of the United States which shall contravene
this regulation may be seized, condemned and
eonfscated 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
mlssioners, and theTeupon was abandoned by
the British Plenipotentiary and article one, as
1t stands in the Convention, was substituted.
IT, however, it be said that this claim is founded
on provincial or colonial statutes, and not
upon the Convention, this Government cannot
but regarGthem ss!unfriendly, and in contrayen
tion OF the spirit, If not o. 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 com
ing season, to repeat their unneighborly acts
toward our fishermen, l recommend you to con-
fer upon the Executive the power to suspend,
by proclamation, the operation OF the laws au'
thorizing the transit of gooes, wares and mtr-
chandze in bond across the territory OF the
United s ates to Canada, and, further, should
such an extreme measue become necessary, 10
suspend The operation of any laws whereby the
vessels of the Dominion of Canada are permit
ted to enter the waters of the United States.
THE NAVIGATION OF THE ST. LAWRENCE.
n
tested on the part of canada in the maintenance
of claim of the right to exclude the citizens OF
the United States from the navigation OF the st
Lawrence. This river constitutes Natural
outlet to the ocean or eight States, with an ag
gregate population of about 17,600,O00 inhablt
ants, and with ansaggregate tonnage of 6,61l 1867
tons upon the waters which discharge into 1t
The foreign commerce of our ports in these
waters is open to British competition, and the
major part of 1t is done in British bottoms. II
the American amen be excluded from this
natural avenue to the ocean, the monopoly o.
the direct commerce of tue Lake ports WIFE
the Atlantic would be in foreign hands; theil
vessels on transa lantic voyages having an &C
cess to our Lake ports which would be denied &c
American vessels on similar voyages. To state
such proposition is to refute its justice. Dur
ing the administration of John Quincy Adams
Mr. Clay unquestionably demonstrated the ma
tional right ofthe citizens OF the United States t
the navigation OF this river, claiming that the
action 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 a country through
which navigable river passes have natlra
right to enjoy The navigation OF that river TO anC
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
debouChes into the sea TO make such regula
lions relative to the police of the navigation al
may be reasonably necessary, but those regula
ton should be framed in liberal spirit OF com
W
upon the commerce which has the right OF tran
sit.
1t has been found practice more advan
tageous to arrange T. csc equations by mutna
agreement. The United states are ready Il
DoIce of the ST. Lawrence SalCu may ~ r4~,o
gesled by Great Britain. Ii the claim made by MIR
Clay was Just when tine population OF tie State
bordering the shores OF the lakes was onl!
100000, it now derives greater force and equit!
from the increased population, wealth, prod
| IEal
tiers. Since Mr.. Clay advanced his argument il
behalf OF our right the principal OF which he con
tended, has been frequently and by various
nations recognized by law and treaty, and ha
been extended TO several other great rivers
BY the treaty concluded at Mayence i'll 1881
the kline was declared free from the point Wher
it is first navigaole to the sea. BY the conven
ton between Spain and Portugal concluded IL
1885, the navigation of the DOuro, throughout it
whole extent, made free for the subjects o
both crowns. Ia 1858 the Argentine Confedera
ton by treaty then opened the free navigation o
the PaTana and Uruguay to the meTchan
vessels OF al bations. la 1856 the Crimean wal
closed by treaty which provided for the fret
navigation of the Danube. In 1853 Bolivia b,
treaty declared that 1t regarded the rivers ANA
ION and La Plata, in accordance with HXeC
prin Glples OF national law, as highways or chan
nels, opened by nature for the commerce of al
nations. In 1853 the Paraguay was made free BY
treaty, in Dec. 1906 the Emperor oil Brazil, b!
imperial decree, declared the Amazon to be opeI
to the tronIsT OF Brazil to the merchant ships o
all nations. The greatest living British auth Sri
ty on this subject, while asserting the alb
stract rights OF the British claims say IL Seems
d iii ;uIt to deny that Great Britain may grounC
the refusal upon strict law, but 1t is equity off
hcuit to deny first, that IN doing she exercises
harshly an extreme and hard law. Secondly
that her conduct with respect to the navigation
OF the st. Lawrence is in glazing and dIscredita
bic Inconsistency with her conduct with respe-
to the navigation OF the mississippi, Un th,
ground thar she possessed small d, main il
which tie Mississippi took its rise. She insisted
on the right TO navigate the entire volume OF it
waters the grouud that she possesses botl
banks OF the st. l. awrenUe where it dlsembUuche
Itself into the she denies to the United State
the rght Of navigation, though about one half o
the waters of the lakes Ontario Erie, Huron an(
Superior, and the whole OF lake Michigan
through VIII Ch the river flows are the property
of the United States. The whole nation is inter
ested in securing cheap transportation from tht
agricultural States of the West to the Atlantic
sea board To the citizens of these States ii
secures greater return for their labor To the
inhabitants of the sea board it affords cheaper
food. To the nation an increase in the annua
surplus of wealth. 1t is hoped that the govern
ment of Great Britain will see the justice o
abandoning the narrow and inconsistent claim
to which her Canadian Provinces have urged
her adherence
Our COMMENCE.