201 



bitants of the Western Country ; if it surrenders them all loBritisii 

 smugglers, British emissaries, and the tomahawk of the Indian sa- 

 vage, why has it never been prohibited by law ? How has the arm 

 of the Union been palsied? Why has the guardian and protecting 

 power of the national government so long slumbered ? There was 

 nothing proposed to be stipulated by the offer made to the British 

 plenipotentiaries on the first of December, 1814, which British sub- 

 jects do not at this hour possess, and have never ceased to enjoy, 

 without any stipulation whatsoever. By the act of Congress admitting 

 the State of Louisiana into the Union, it is provided *' that it shall be 

 *' taken as a condition upon which the said State is incorporated in 

 " the Union, that the river Mississippi, and the navigable rivers and 

 '^' waters leading into the same, and into theGulf of Mexico, shall be 

 *' common highways, and forever free, as well to the inhabitants of 

 " said State as to the inhabitants of other States, and the territories 

 *' of the United States, without any tax, duty, impost, or toll, there- 

 '' for, imposed by the said State." That %vhich is a common high- 

 way, free to all the citizens of the United States, by this act, and by 

 the constitution of the State of Louisiana, is in point of fact equally 

 free to all foreigners at peace with the United States, and conse- 

 quently to British subjects. It can be prohibited only by law, and 

 no such law is in existence. 



It will be observed that the right of navigation offered by Mr. 

 Gallatin's proposal, was only that of descending the river, from its 

 source to the ocean. It did not bind us to admit them to a right of 

 ascending the river, from the sea, or to allow their vessels to pass 

 above the first port of entry in the river. 



It remains only to be shown, that the estimates of Mr. Russell, 

 with regard to the value of the fishing liberties, are as erroneous, m 

 his opinions with regard to our title to them are incorrect. 



