Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-06

tackle, &c., &c., shall be forfeited. 1t IS mol
known that any COMBINATIONS have been
made under this statute. Should the author.
tiles of Canada attempt to enftr it, it will
become my duty to take such steps as may
be necessary TO protect the rights of the citi-
. Gems 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
government in North America. except tor
purposes of shelter and repairing damages,
IF purchasing wood and obtaining water (;
that they have no right to enter at the British
custom houses, or to trade there except for
purchasing of " God and water; that they must
depart within twenty-tour hours after notice
to leave. 1t is not known that any seizure OF
a fishing vessel carrying the United States
flag has been made under this claim. So far as
the claim is founded OH an alleged construc-
ton of the convention of 1918 it cannot be acqui
esced in by the United States. 1t is hoped that
it will not be insisted on by Her Majestys gov
eminent. During the conference which pre-
ceded the negotiation of the Convention
of 1918, the British commissioners pro-
posed to exclude the fishermen of the
United States from the privilege OF
carrying on trade with any of His britannia
Majestys subjects residing within limits as
signed for their use, and also that it should
not be lawful lot t0e NesSelo Va TIE Culttu
States engaged in such fishing, to have on
board any food. wares or merchandise what
ever, except such as might be necessary for
the prosecution of their voyages to and from
said fishing grounds land any vessel of the
United States which shall contravene this
regulation, may be seized, condemned and
contisca ted with her cargo" This PROPOSE
ton, which, is identical with the construction
now put upon the language ofthe convention,
was emphalically rejected by the American
Commission, and thereupon was abandoned
by the British Plenipotentiary. If, however,
It be said that this claim is founded on preyln-
cial and colonial statutes and not upon the
Convention, this government cannot but re-
gard it as unfriendy, in contravention OF
the spirit ifnot of the letter of the treaty, for
the faithful execution of which, the Imperial
Government is alone responsible. Anticipat-
ing that an attempt may possibly be made by
| the Canadian authorities In the coming seas
on to repeat their unneighborly acts toward
our fishermen, | recommend you to confer
upon the Executive the power to suspend by
proclamation the operation of the laws author
| lzing the transit OF goods, wares and merchan-
disc in bond across to the territory OF the
| United States from tile Canadas and further,
should such an extreme measure become nee
essary, to suspend the operation of any laws
whereby the vessels of the Dominion OF Can
ada are permitted to enter the waters of the
| United States. A like unfriendly disposition
has been manifest on the part Of Canada. Our
neighbors claim the right to exclude the citizen
of the United States from the navigation of
the st. Lawrence. This river constitutes q
naval outlet to the ocean for eight States,
with an aggregate population of about II $780,
| 600 inhabitants, and with an aggregate ton
mage of 6,6ll 1867 tons upon the waters which
discharge into it. In foreign commerce, these
ports are open to British navigation, and the
major part of it is done in British bottoms. If
the American seaman be excluded from this
national avenue to the ocean, the monopoly
| of the direct commerce Of the lake ports there
with the Atlantic would be in foreign hands,
| their vessels on transatlantic voyages having
an access to our lake ports, which would be
denied to American vessels in similar voyages.
Ia state such "a proposition is to refute its
Justice During the administration of MIR.
John Qnin, Adams, Mr.. Clay unquestion-
ably demonstrated the national rigut OF the
citizens Ut the United States to the nayi-
CATION of this river, claiming that the act
of the Congress of Vienna in opening
the Rhine and o,her rivers to all ma
tions, showed the judgment of Eu-
ropean jurists and statesment that the inhabi-
tants OF that country, through which naviga-
BILE river passes, has a 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 ex-
clude the co-equal RICH. of the sovereign pos
sessing the territory through which the river
debouches into the sea, to make such regula-
tons relative to the policy of the navigation
as may be reasonably necessary. But these
regulations should be framed in a liberal
spirit of comfy, and should impose lesser
burdens upon the commerce which has right
of transit. 1t has been found in practice
more advantageous to arrange the regulations
by mutual agreement. The United States
are ready TO make any reasonable arrange
ment as to the policy of the ST. Lawrence,
which may be suggested by Great Britain
If the claim made by Clay was just when the
population of the States bordering on the
shores of the lakes was only 3,400,O 600, ii
now derives greater force ana equity from the
increased population, wealth producing, and
tonnage of the States on the Canadian from
tier.
Since Henry Clay advanced his argument
in behalf of our rights, the principle for
which he contended has been frequently re-
cognized by law or treaty, and la. been ex-
tended to several other great rivers.
By the treaty concluded at Mayence in 1881
the ltlilne WAS uecidTtu lTOHl tue pOlnt
where it is first navigable to the sea. BY the
convention between Spain and Portugal, con-
cluded in 1885, the navigation of the Douro
throughout its whole extent was made free for
the subjects OF both crowns. In 1858 the
Argentine confederation, by treaty, threw
open the free navigation of the Paraguay and
Uruguay to the merchant vessels of all ma
tons. In 1866 the Crimean war closed by
treaty which provided for the free navigation
of the Danube. In 1858 Bolivia by treaty de-
cared that it regarded the rivers Amazon and
La Plata, in accordance with fixed principles
of national laws, as highways or channels
opened by nature for the commerce OF all ma
tons. In 1859 the Paraguay was made free
by treaty, and in December, 1866, the EN-
peror OF Brazil, by imperial decree, declared
the Amazon to be open to the frontier of Bra
zl to the merchant ships of all nations. The
greatest living British authority on this sub
ject, while asserting to the abstract right of
the British claims, says - IL seems difficult to
deny that Great Britain may ground the re-
fusal upon strict law, but it is ,qually difficult
to deny, first, that in so doing she exercises
harshly an extreme and hard law secondly,
that her conduct with respect to the naviga-
ton of the ST. Lawrence IS a glaring and dis
creditable Inconsistency considered with
| respect to the navigation of the Mississippi