Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1870-12-14

and obtaining water; that they have no
right to enter at the British Custom House
or to trade there, except for the purchase
of wood and water, and that they must
depart within "a hours after notice to
! leave. .....t .- 4. ...
i 1t is not known that any seizure of
fishing vessel carrying the U. S. flag has
been made under this claim. So far as
the claim 10 founded on an alleged construc-
tion of the Convention of 1878 it cannot
be acquiesced in by the United States.
1t is hoped that it will not be insisted on
by Her Majesty's Government
During the conference which preceded
the negotiation Of the Convention of 1878,
the British Commissioners proposed to ex-
/ pressly exclude the fishermen of the U.
: S. from the privilege of carry ing on trade
: with any of Her Brittanic Majesty's sub
jects residing within the limits ASST igned
5 for their use, and also that it should not
be lawful for the vessels of the U. S. en-
: gagged in the SAID fishery to have on board
. any tools, wares or merchandise whatever,
$ except such as might be necessary for the
prosecution of their voyages to and from
. said fishing grounds, and any vessel of the
\ II ,nh ehn1 l.,
: ton may be seized, condemned, and con-
c fiscatcd, with her cargo. This PROPOSE
: tion, which is identical with the construc-
e tion now put upon the language of the
Convention, was emphatically rel cted by
e the American Commissioner, and thereup
e on was abandoned by the British Plenipo-
8 tcntiary, and Article l, as it stands in
the Convention was substituted.
n If, however, it be said that this claim
: is founded on Provincial or Colonial stat
y utes, and not upon the Convention, this
Government cannot bat regard it as un-
n friendly and in contravention of the spirit
n if not of the letter of the treaty, for the
II faithful execution of which the Imperial
Government alone is responsible.
Anticipating that an attempt may pos
n sibly be made by the Canadian authorities
J. in the coming season tc repeat their un.
It neighborly acts toward our fishermen,
y recommend you to confer upon the Exec
}, utive the powers to suspend, by procama-
d ton, the operation of the laws authoriz.
s ing the transit of goods, wares and mer.
:, chardse in bono across the territory Of
It the United States and into Canada and.
|. further, should such an extreme measure
IS become necessary, TO suspend the opera
C tion of any laws whereby the vessels Of
it the Dominion of Canada are permitted to
o enter the waters of the U. S.
d POSITION OF CANADA.
J A like unfriendly disposition has been
It manifested on the part of Canada, in the
IN maintenance of claim to the right to
d exclude the citizens of the U. S. from the
IT navigation of the St. Lawrence This
g river constitutes naval outlet to the ocean
y for eight States. with an aggregate popu.
d latIon of about 17,600,0 900 inhabitants,
e and with an aggregate tonnage of 6,6ll,-
S 600 tons upon the waters which discharge
n into it. The foreign commerce of our ports
e in these waters is open to British compe.
c ttion, and the major part of it is done in
+ British bottoms.
i If the American seamen be excluded
from this national avenue to the ocean,
i the monopoly of the direct commerce OF
= the lake ports with the Atlantic would be
in foreign hands, their vessels on transat-
a lantic voyages having an access to our
/ lake ports, which would be denied to
American vessels in similar voyages. To
a state such proposition is to refute its
e justice. t a.i
d During the administration of Mr.. John
IS Quincy Adams, Mr.. Clay unquestionably
c demonstrated the natural right of the cit
s izens Of the United States to the Daviga-
h ton of this river, claiming that the act
r of the Congress of Vienna, in opening the
d Rhine and other rivers to all nations,
j. showed the Judgment of European jurists
d and statesmen that the inhabitants of a
O country through which a navigable river
v passes have natural right to enjoy the
!. navigation of that river to and into the
n sea, even though passing through the ter
e ritory Of another power. This right does
s. not exclude the co-equal right of the SOW
r ereign possessing the territory through
which the river debouches into the sea to
Is make such regulations relative to the po.
d lice of the navigation as may be reasopa'
J. bly, necessary. But these regulations
,e should be framed in liberal spirit Of
10 comfy, and should not impose needless
D. burdens upon the commerce which ha'
tho right of transit. a q 3'
q It has been found in practice more ad
\. vantageous to arrange these regulation
IN by mutual agreement, and the United