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

this claim is founded upon provisional and
colonial statutes, and not upon the conven.
ton, this Government cannot but regard
them as unfriendly and in CONFIRMATION Of
the spirit, if not the letter, Of the treaty
for the faithful execution Of which the I'm:
perial Government is alone responsible.
Anticipating that an attempt may posi-.
bly, be made by the Canadian authorities.
in the coming season, to repeat their un.
neighborly acts toward our fishermen, ]
recommend you to confer upon the Execu-
tive power to suspend by proclamation the
operation Of the laws authorizing the
transfer of goods, wares aud 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.
THE ST. AUTHORIZATIONS uNFR1ENDL1NEss.
A like unfriendly disposition has been
manifested on the part of Canada in the
maintenance ola 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
II, 100000 inhabitants, and with aggregate
tonnage of Gel, 1897 tons, upon the waters
which discharge into it. The foreign CON-
MERGE Of their ports on these waters is
open TO British competition, and the major
part of it Is done on British bottoms If
the American seamen 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
Adams, Mr.. Clay unquestionab!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 all nations, showed the judgment
of European iurists and statesmen, that The
inhabitants of country through which q
navigable 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 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 as may
be reasonably necessary, but these regula.
tons should be framed in q liberal spirit
of comfy, and should not impose needless
burdens upon the commerce which has
the right Of transit. 1t 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 as 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, 600, it now derives
greater force and equity from the increased
population, wealth, production and tonnage
of the States on the Canadian frontier.
PREcEDENrs 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 a treaty
concluded at Mayence in 1881, the Rhine
was declared free from the point where It
was first navigable, to the sea. BY the
convention between Spain and Portugal,
concluded in 1885, the navigation of the
Dourz throughout it's whole extent was
made free for the subjects of both coun.
tries. In 1858 the Argentine Confedera.
too by treaty threw open the free navi
CATION Of the Parta and Uruguay to the !
merchant vessels of all nations. In 1855
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 ANA.
zon and La Plata, in accordance with the |
fixed principles Of national law, as high.
ways or 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, and the frontier Of Bra.
iii to the merchans ships of all nations.
The greatest living British authority on
this subject, while asserting the abstract
right Of the British claim, says: ut
seems difficult to deny that Great Brit
ain may ground her refusal upon strict
law, but it is equally difficult to deny
first, that in SO doing she exercises
harshly an extreme and hard law; sec.
ondly, that her conduct with respect to
the navigation of the St. Lawrence is in /
glsring and discreditable Inconsistency |
with her conduct with respect to the navi. |
cation Of the Mississippi. On the other
ground, that she possessed q small domain
in which the Mississippi took its rise, she |
insisted on this right to navigate the en-.
tire volume Of its water. On the ground
that she possesses both banks of the Saint
Lawrence, where it empties into the sea,
she denies to the United States the right
of navigation, though about half the waters |
Of Lakes Ontario, Erie, Huron and Supe.
rior, and the whole Of Michigan, through |
which the river flows, arc the property Of
the United States. The whole nation is |
interested in securing cheap transportation |