The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1870-12-08

WV SAosssA NlgOss OAASA
colonial statutes, and not upon the convsn.
ton, this Government cannot but regard
them n uuftiendly and in contravention Of
the spirit, II not the letter. Of the treaty
for the, faithful execution Of which the In:
perial Government Il alone responsible.
Anticipating that On attempt may posi-
bly, 30 made BY the Canadian authorities.
in the coming seasop, TO repeat their IN.
,neighborly acts toward our fishermen, !
recommend you to confer upon the Execu.
tive power tosuspend by proclamation the
operation Of the laws authorizing the
transfer Of goods, wares and merchandise
in bond, across the territory Of the United
Statesl to Canada; aud further, SHOULD
such an extreme measur become necessa.
~, to suspend the operation Of any laws
whereby the vessels Of the Dominion Of
Canada arc permitted to enter the waters
of the United States. 'ss5S ,.i. - 80
TIE ST. ;LAwRENCI-NoRE UNIRIEMDLINIss.
i like unfrisndly disposition has been
manifested on the part of Canada in the
maintenance Of i claim Of right to exclude
citizens of the United States from the navi.
cation of the St.. Lawrence. This river
constitutes the natural outlet to the ocean,
of States with an aggregate population Of
IL, coo, 900 inhabitants, and with aggregate
tonnage Of 66l, 1867 tons, upon the. waters
! which discharge into it. The foreign com.
merce Of their ports on these waters 10
open 70 British competition, aud the major
part of it Is done on British bottoms. If
tho American eseamen DO excluded from
this natural avenue to the ocean, the mo.
nopoly Ct the direct commerce with the
lake ports with the Atlantic would be in
foreign hands, their vessels on trans.At-
lantic voyages having access to our lake
ports, which would be denied to American
vessels on similar voyage. To state such q
proposition is to repudiate its justice. During
the administration Of Mr.. John Quincy
Adams, Mr.. Clay uuquestionab!y demon.
strated the natural right of citizens Of the
United States to the navigation Of this
river, claiming that the act Of Congress of
= Vienna, in opening the Rhine and other
rivers to oil notions, Showed the judgment
of European iurists and istatesmen, that the
inhabitants Of country through which .
navigable river passes has natural right
TO enjoy the navigation of that river TO and
into the sea, even though passing through
the territory OF another power. 5zs:y,
This right does not exclude the co.equal
right Of the sovereign possession of terri
tory through which the river debouches
into the sea to make such regulations
relative to the policy Of navigation ~ may
be reasonably necessary. but these regula.
tons should be framed in liberal spirit
of oomity, and should not impose needless
burdens upon the commerce which has
the right Of transit. It has been found in
practice moro advantageous to make these
regulations by mutual agreement. The
United States are ready to make any rea.
sonAble arrangement a. to 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 3.4O0, 900, it now derives
greater force and equity from the increased
population, wealth, production and tonnage
of the States on the Canadian frontier. !
- - PRECEDENTs AND AUTHORITIES. :,
. Since Mr.. Clay advanced his argument
in behalf Of our right, the principles for
which he commended have been frequently
and by various nations recognized by law
or by treaty, and have been extended by
several other great powers. By q treaty
concluded At Aayence in 1881, the Rhine
was declared free from the point whore il
was first navigable, to the sea: By the
convention between Spain and. Portugal,
concluded in 1896, the navigation of the
DouIz throughout ito whole extent was
made free for the subjects of both coun.
tries. In 1883 the Argentine Confedera.
tion BY treaty threw open the free navi.
gasion Of the Parta and Uruguay to the
merchant vessels of oil nations. In 1856
the Crimean war was closed by treaty
which provided for free navigation Of
the Danube. In 1858 Bolivia, BY treaty,
declared that it regarded the rivers Anna.
zon and La Plata, in accordance with the
fixed principles Of national, law, Is high.
ways OF channels opened BY nature for the
commerce Of all nations. In 1869, the
: Paraguay was made free by treaty, and in
December, 1867, the Emperor Of Brazil
by imperial Decree, declared the Amazon
to be open to all, aud the frontier Of Bra.
I'll to the merchant ships Of all nations.
Tho greatest living British authority on
this subject, while asserting the abstract
right Of the British claim, says: SIT
seems difficult to deny that Great Brit.
;. ain may ground her refusal upon strict
law, but it is equally dlmcult' "a; deuy
hrst, that In 80 doing she exercises
harshly an extreme and hard law; SEQ.
ondly, that, her conduct with respect to
the navigation Of the st. Lawrence il in
glariDg and discreditable inconsistency
with her conduct with respect to the navi.
CATION Of the Mississippi. o. the other
ground, that she possessed small domain