The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1870-12-13


subjects residing within the limits as
signed for their use, and also that it
should not be lawful for the vessels of
the United States engaged in such fish
ing to have on board any goods, wares
or merchandise whatever except such
as may be necessary for the prosecution
of their voyages to and from said fish
ing grounds; and any vessel Of the
United States which shall contravene
this regulation may be seized condemn
ed and con6scated with their cargoes.
This proposition, which is identical
with the construction now put upon the
language of the convention, was en-
phatieally rejected by the American
commissioners, and thereupon was
abandoned by the British plenipoten-
tiaries, and article one as it stands in
the Convention was substituted. II,
however, il be said that this claim is
founded on provincial or colonial stat
utes, and not upon the Convention, this
government cannot but regard them
as unfriendly and in contravention of
the spirit of the treaty, for the faith
full execution of which the Imperial
Go vernment is alone responsible. An
ticipating that an attempt may possi-
bly, be made by the Canadian authori-
ties in the coming season to repent
their unneighborly act toward our fish
ermen, / recommend you to confer ur-
on the Executive the power to suspend
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 operations of any laws
whereby the vessels of the Dominion
of Canada are permitted to enter wa
ters Of the United States. rf..
FREE NAVIGATION OF THE ST. LAW
RENEE. -rrfI.
A like unfriendly disposition has
been manifested 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. The river consti-
tutes natural highway to the ocean.
With an aggregate population of about
100000, Inhabitants, and with an
aggregate tonnage of 661 1857 tons up
on the waters which discharge into it,
the foreign commerce of our port on
these waters is open to British compe-
tition, and the major part of it done
in British bottoms. Ii 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 transatlantic
voyages having an access to our lake
ports, which would be denied to Amer
lean vessels on similar voyages. To
state such proposition is to refute its
Justice. During the administration of
Mr.. John Quincy Adams, Mr.. Clay
unquestionably, demonstrates the nat
ural 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
, judgement of European jurists and
statesmen to be that the inhabitants of
country through which navigable
river passes have a natural right to en-
! Joy the navigation of that river to and
into the sea, even though passing
the territory of another power. This
right does not exclude the coequal
, right of the sovereign possessing the
: territory through which the river
, debouches into the sea to make such
, regulations relative to the policy of
, the navigation as may be reason
, ably necessary; but those reg
ulations should be framed in a
liberal spirit of comfy, and should
, not impose needless burdens upon the
; commerce which has the right of tran
sit. 1t has been found in practice more
, advantageous to arrange these regula-
r tions by. mutual agreement. The
2 United States are ready to make any
3 reasonable arrangement as to the po-
, lice of the st. Lawrence, which
may be suggested by Great Brit
4 ain. If the claim by Mr.. Clay
4 was just when the population of the
e States bordering on the shores of the
: lakes was only 100000, it now de-
E rives greater force and equity from the
= increased population, wealth, produc-
E tion, and tonnage of the States on the
] Canadian frontier. Since Mr.. Clay
2 advanced his argument in behalf OF
. our right, the principle for which lie
e cOntended has been frequently and by
: various nations recognized by law or
f by treaty, has been extended to several
T other great rivers. By the treaty con-
9 cluded at Mayence in 1881, the Rhine
I was declared free from the point where
}, it is first navigable into the sea. By
f the convention between Spain and
/ Portugal, concluded in 1885, the navi-
r CATION of the Douro throughout its
t whole extent was made free for ihe sub
g jects of both crowns. In 1853, the
q Argentine Confederation, by treaty,
9 threw open the free navigation Of the
= Parana and Uruguay TO the merchant
{ vessels of all nations. In 1856 the
q Crimean war was closed by a treaty
o which provided for the free navigation
i of the Danube. In 1858 Bolivia, by
h treaty deelaared that IL repardad the