ARGUMENT OF MR. ROOT 127 



will my learned friend find the rivers ? The rivers of Europe are 

 open to navigation under the provisions of the Congress of Vienna 

 of 1815 — that great landmark. And in that treaty there was a 

 special and most elaborate series of provisions for the joint regula- 

 tion of these rivers, with special reference to the convenience and 

 the rights of the riparian states. 



You will find qxute readily in the rivers of Europe the basis for 

 a supposition that the rights of a state navigating a river which 

 passes through the territory of another state are subject to regula- 

 tions; but it is the regulation specifically provided by treaty, 

 and by the commissioners provided for by treaty, as estabHshed 

 by the Congress of Vieima. 



In North America are there any such rivers ? We have here in 

 the record a reference to some. In the treaty of 1871, which is in 

 the British Case Appendix, p. 39, in Article 26, a provision as to the 

 navigation of the River St. Lawrence, and of the rivers Yukon, 

 Porcupine, and Stikine, and those are with express reservations of 

 the laws and regulations of either country within its own territory, 

 not inconsistent with the privilege of free navigation. In South 

 America does he find any such rivers? I know of none. The 

 Argentine Repubhc has made treaties under which she has thrown 

 open the Parana and the Uruguay to navigation, but she expressly 

 reserves the right of regulation, and .the navigation is subject to 

 the "regulations sanctioned or which may hereafter be sanctioned 

 by the national authority of the Confederation." The Amazon 

 is open to trafiic not by treaty, but by decree of Brazil and of Peru; 

 and of course those decrees afford unHmited opportunity for amend- 

 ment, alteration, and repeal by the coxmtry in whose territory the 

 river is. BoHvia expressly reserves the right of regulation on her 

 water. The Orinoco is thrown open by decree on the part of 

 Venezuela. Where does my learned friend find the rivers the 

 navigation of which being subject to regulation otherwise than by 

 the navigating state furnishes an analogy upon which he may say 

 that in this grant of a right to use this specific territory of Great 

 Britain for the benefit of the United States there is to be implied 

 a right of Hmitation and modification by the municipal regulation 

 of Great Britain? 



So about canals. It is difl&cult to see how anyone can navigate 



