The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1870-12-15

ports of the British coast, it has been |
t he custom for many years to give intrud- |
ing fishermen of the United States a
reasonable warning of the violation of the !
technical rights of Great Britain. The !
Imperial government is understood to
have delegated the whole or share OF
its jurisdiction or control of these inshore
fishery grounds to the Colonial authority,
known as the Dominion of Canada, and
this semi-independcnt but irresponsible
agent has exercised the delegated powers
In an unfriendly way. Vessels have been
seized without notice CT warning in yio-
lation OF the custom previously prevail
ing, and have been taken into the eoloni>
al ports, their voyages broken up and
the vessels condemned. There is reason
to believe that this unfriendly and vexa-
tious treatment was designed to bear
harshly upon the hardy fishermen of the
United States, with view of political
effect on this government. The statutes
of the Dominion of Canada assume
still broader and more untenablc juris
diction over the vessels of the United
States. They authorize officers and per
sons to bring vessels lowering within
three marine miles of any of the coasts,
bays, creeks or harbors of Canada, into
port, to search the cargo, to examine the
voyage, and to infiict upon him heavy
pecuniary penalty if true answers are not
given, and if such vessel is found pre-
pairing to fish within three marine miles
of any such coasts, bays, creeks or harbors
without alicense, or after the expiration
of the period named in the last license
granted to it, they provide that the YES
sci, with her tackle, ETC., ETC., shall be
forfeited. 1t is not known that any con-
formations have been made under this
statute. Should the authorities of Cana
Ia attempt to enforce it,it will become my
duty to take such steps as may be neces-
sary to protect the rights of citizens of
the United States 1t has been claimed by
her Maicsty'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 purchasing wood and obtain
ing water; that they have no right to
enter at the British custom house, or to
trade, except for the purchase Of wood
and water, and that they must depart
within "a hours after notice to leave. 1t
Is not known that any seizure OF fishing
vessel carrying the flag Of the United
States has been made under THIS claim.
So far as the claim is founded on the al
legged construction Of the Convention of
1918, it cannot be acquiesced in by the
United States. 1t is hoped that 1t will
not be insisted on by Her Majesty's Gov
eminent. During the conference which
preceded the negotiation of the Conven-
ton of 1918. the British Commissioners
proposed to expressly exclude the fisher
men Of the United States from the priv
ilege of carrying on trade with any of His
Brtanic Majesty subjects residing with
in 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 Is may be necessary for the prosecu-
ton of their voyages to and from said
fishing grounds. and any vessel of the
United States, which shall contravene
this regulation, may be seized, condemn
ed and confscated, with her cargo. This
proposition, which is identical with the
construction now put upon the language
OF the convention, was emphatlcaliy re-
.ectcd by the American Commissioner,
and therupon was abandoned by the
British Flenip otentiaries. and article one,
as it stands In the convention, was sub
stituted. If, however, it be said that
this claim is founded on provincial or
colonial statutes. and not upon the con-
veDtion, this government can not but re-
gard them as unfriendly, and in contra
vention 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 at
tempt may possibly be made by the
Canadian authorities in the coming sea-
n to repeat their unneigborly acts to-
ward our fishermen, l recommend you
to confer upon the Executive the power
to suspend, by proclamation, the opera
ton of the laws authorizing the transit
of goods. wares and merchandise in bond
across the territory Of the United Statso
to Canada and further. should such an
extreme measure become necessary, to
suspend the operation of any law where
by the vessels of the Dominion of Cana
da are permitted to enter the waters of
the United States.
MAvIGATIoNroF TIE ST. LAWRENCE.
like unfriendly disposition has been manifested
of right to exclude the citizens of the United States
from navigation of the ST. Lawrence This river
stutes natural outlet to the for eight States
with an aggregate population of seventeen million
six hundred Thousand inhabitants, and with ag-
gregate tonnage of 65l 5 the waters which
discharge into it. The foreign commerce of their
ports these waters is open to the British pe-
ton and the major part of it is done in British bot
toms. If the American seanen be excluded from this
natural avenue to the ocean, the onopoy of the d
rect commerce of the lake ports with the Atlantic
would be foreign hands, their vessels the trans
fta,f hax 1.l-a
which would be denied to American vessels on SINH
lar voyages. To state such proposition is to
its justice. DGringthe administration of John Quincy
Adams, Mr.. Clay unqGestionably demonstrated the
natural sht of the citizens of the United States to
the navigation of the river claiming that the act of
the Congress of Vienna in opening the Rhine and
other rivers to all nations, showed the judgement OF
European justice and statesmen that the inhabitants
Of country through which nayigable river passes
have natural right to enjoy the navigation of that
river, to and Into the though passing thro
the territory Of another power. This right does not
exclude the coequl right OF the sovereign possessing
the territory through which the river debouches uto
the sea- make such regulations relative the pol
icy of the navigation as may be reasonably necessary
But those regulations should he framed in liberal
spirit of comfy, and should impose needless bur-
dens upon the which has the right
fer it. 1t has been found in practice advantageous
to arrange these regulations by mutual agreement
The United States ready to make any reasonable
arrangements to the navigation of the St Lawrence
which may be suggested by Great Britain. If the
claim made by Mr.. Clay just when the population
the States bordering the shores of the lakes was
only o40UU00 1t now derives greater force and equity
from the increased population, wealth, production
and tonnage OF the States on the Canadian frontier
Since Mr.. Clay advanced his argument behalf of
right, the principles for which he contended have
been frequently and by various nations recognized by
Law or by treaty. and have been extended to several
other great rive.s By the treaty concluded at May
ence in 1884, the Rhine declared free from the
point where it is first Manageable into the sea. th3
convention between Spain and Portugal concluded in
1888 the navigation of the Dourso throughout its
whole extent made free for the subjects OF both
crowns. In 1898 the Argentine Confederation, by
treaty, threw open the flee Navigation of the Paia,a
Uruguay to the merchant vessels of all nations. In
1896 the Criinetn war was closed by treaty which
provided for the free navigation of the Danube. In
1898 Bolivia by treaty. declared it regarded the rivers
Amazon and La Plata in accordance with fixed prin
cpes of national law, as highways channels open