The Hawaiian gazette., 1871-01-04

authuritieS OF Canada attempt To enforce them, IL
will become my duty to take such steps ss may be
necessary TO protect the rights OF the United States
IL has been claimed by Her Majesty's officers that
the fishing vessels of the United States have
right to enter the open ports Of the British Posses
sons In North America, except for the purpose of
shelter and repairing damages. OF purchasing food
ter at the British Custom Heuse, 10 trade except
IN the purchase Of wood and waller; and that they
must depart within twenty four hours aiter notice
To leave. II is not known that any seizure Of hsh-
ing vessels carrying the flag OF the Uutcd States has
been made under the claim. So far as the claim Is
founded on the alleged construction Of the Conven-
tion OF 1878 it cannot De acQaicsced In BY the United
States. II Is hoped that II will be insisted by
Her Maesty's Government
During the Conferences which preceded the nrgo-
tiaion OF the Convention of ISIS the British Com
mssioners proposed 20 expressly exclude the fisher
Of the United States from the privilege OF
rying on trade With any OF His Britanic Majestys
subjects residing within the limits assigned for their
use and also that 1t should not be lawful for the
vessels ofthe United States engaged In such fishery
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, condemned and condscated, with her cargo.
This proposition which Is identical With the con-
structiOn put on the language Of the Convention,
was emphatically rejected by the American Commis-
sioners and thereupou was abandoned by The British
Pieuipotentaries, and Article it stands IN the
Convention, was adopted. IT. however. 1t be said
that the claim Is founded on provincial or colonial
ment cannot but regard them az unfriendiy aud a
contraveution Of the spirit If not the letter. Of the
treaty. for the faithful execution Of which the In
perial Government = alone responsible.
Anticipating that an attempt may possibly be
made bpthc Canadian authorities In the coming
season to repeat their unneghborly act toward our
fishermen, recommend you 10 confer upon the
Executive the power to suspend. by proclamation.
the operation Of the laws authorizing the transit Of
goods. wares and merchandise, iu bond, across the
territory Of the United States TO Canada; and fur
ther should speh an extreme measure be necessary,
TO suspend the operation OF any laws whereby the
vessels Of the Dominion of Canada are permitted to
enter the waters ofthe United States,
FREE NAVIGATION OF THE ST. LAWRENCE
A little unfriendly disposition has been manlfes-
ted 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 81. Law
renee. This river constitutes a natural outlet TO
the ocean for eight States, with aggregate popu-
laton of IL, ZOO, 600 Inhabitants and with aggre-
gate tonnage OF So. S6I tons upon the waters which
discharge into it, The foreign commerce of their
ports ON these waters is open 10 British competition
and the major part Of II Is done in British bottoms
If American seamen be excluded from the natur-
| al 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 trans
atlantic voyages, having to our Lake ports,
which would be denied to American vessels on sim
liar voyages To state such proposition Is 10
flute its Justice During the Administration Of Mr.
John Quincy Adams, Nh. Clay unquestionaby de-
monstraied the natural right of the citizeus Of the
United States to the navigation Of this river, claim
ing The Act oil Congress OF vienna upon the Kline
and other MYERS in which all nations shared: the
Judgment OF European jursts and statesmen that the
Inhabitants OF 4 country through which nasigable
river passes baye natural right TO enjoy the naviga
tion Of that river to and into the sea- though
passing through the territory of another Power This
right does not exclude the coeQual right Of the
sovereign of passing the territory through which the
river deoOuches into the sea 10 make such regula-
tOns. relative to the policy Of the navigation may
be reasonably necessary, but those regulations
should be framed in a liberal spirit Of comfy, and
I ghouid iuD0SP n n uepdiazs hurdeus he
merce which has the right Of transit II has been
found in practice more advantageous 10 arrange
those regulations By mutual agreement The United
States are ready to make any reasonable arrange
ment as TO the practice OF the 81. Lawrence which
may be suggested by Great Britain. II the claim
made by Mr.. Clay was Just when the population Of
the States bodering on the shores Of the lakes was
only $4,000, IL now derives greater. notice and
equity from the increased population, wealth. pro-
duetion and tonnage OF the States on the Canadian
frontier
On the ground that she possessed small domain,
in which the Mississippi took its rise she insisted
on this right TO navigate the entire volume Of its
water On the ground that she possesses both
banks Of the St. Lawrence, where II desembogues
itself into the sea, she denies the United States the
right Of navigation through about one-half the
tiers Of Lake Ontario Huron aud SUPERIOR and the
whole Of Lake Michigan. through which the river
flows, though they are the property Of the United
States.
The whole nation Is interested in securing cheap
transportation from the agricultural States OF the
West to the Atlantic seabOard To he citizens Of
the States, ii secures greater return for the pro-
duce Of the lands titled by them
Since Mr.. Clay advanced his argument In behalfof
our right the principle for which be contended has
been frequently and by various nations recognized
by law or BY treaty, and has been extended 10
eral other great rivers By the treaty concluded at
I Mayence in 1881 the Rhine was declared free from
the point wherei is first navigabie into the sea By
the convention between Spain and Portugal con-
cluded in 1885, the navigation ofthe Duoro through
out its whole extent, made free for the subjects
Of both crowns. In 1853. the Argentine COnfedera-
tion, by treaty, threw open the free navigation Of
the Paraua and Uruguay TO the merchant vessels Of
I all nations In 1856, the Crimean closed by
treaty which provided tor the free navigation 0f
the Danube. In 1865 Bolivia, BY treaty declared il
regarded the rivers Amazon and La Plata Ia acccr-
dance With the fixed principles Of national law a.
high ways or channels opened by nature for the
merce ofal nations In 1853 the Paraguay was made
free BY treaty; and in December, 1896 the Emperor
Of Brazil, by imperial decree, declared the Amazon
TO be open 10 all to the frontier Of Brazil 10 the
merchant ships of all nations The greatest living
British authorities on this subject asserting the ab
strsct right Of the British claim, say it seems diff
cult TO deny that Great Britain may ground her re-
fusal upon strict law, but it Is equally difficult de-
ny-Hrzt, that in so doing she exercises harshly an
| extreme and bard law secondly, that her conduct
With respect TO the navigation u the ST. Lawrence
is 10 glarng and discredable Inconsistency with her
conduct in respect 70 the navigation oftbe Mssissip
pi
II is hoped the Government Of Great Britain win
/ see tue justice Of abandoning thr and in
consistent claim to which her Canadian provinces
have urged her adherence
ESCoCHASkAkhI TO AMERICAN COMMERCE
Our depressed commerce is 4 subject 10 which I
called your special attention the last session Of
Congress suggested that Il will 10 future, have
TO look more TO the countries south Of Us and to
China and Japan for its markets. Our representa-
tiyes to all these Governments sesxeffed fheirin
hoenee 10 encourage trade between the United
states and the countries to which ihey accred-
ted; bot The fact exists that the carrying Il done al
m6st entirely In foreign bottoms, and While this
state OF Affairs exists, We cannot control due
share Of the commerce Of the world. That between
the Pacific States and China aud Japan i sbonf al
the carrying trade now conducted 81 American ses-
sells. would recommend q IikersI policy towards
that lue Of American Steamers that will insure
ifs success and IFS increased usefulness The cost
Of building iron vessels = tie Only ones that eau
compete with foreign ships IN the carrying lrsde-
is 90 much greater In the United states than a
foreign countries, that without some assistance
! from the Government they can not Be successfully
built here There win Be several propositions laid
before Congress n the Of The present session.
looking TO remedy for this evil; even Il it should
be 81 some expense 70 the National Treasury hope
such encouragement will be given 81 viii resigs
American shipping on the high seas. and Anlerican
ship Building al home.
RADICAL EEFoKM N OFFICIAL APPOINTMENTS
SUGGESTED.
Always favorfng practical reforms respectfully
call your attention 10 prneiIce 0f long Standing.
which would ikefo see femedied b. this Congress.
a.