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Show -25- After urging these views of his government, Mr. Jefferson saidj "Accordingly, in all tracts of country united under the same political society we find this natural ri^ht universally acknowledged and protected by laying the navigable rivers open to all their inhabitants* When their rivers enter the limits of another society, if the right of the upper in- habitants to descend the stream is in any case obstructed, it is an act of force by a stronger society against a weaker, condemned by the judgment of mankind."55 There was much argument but no concession in principle on either side. But Spain promptly negotiated with the United States the Treaty of San Lorenzo el Real, dated October 27, 1795* which provided, among other things, that tf. • • the western boundary of the United States which separates them from the Spanish colony of Louisiana, is the middle of the channel or bed of the river Mississippi from the northern boundary of said States . to the completion of the thirty-first degree of latitude north of the equator. And his Catholic Majesty has likewise agreed that the navi- gation of the said river, in its whole breadth from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other powers by special convention."5" This treaty remained in force until, by cession of the Floridas, the Mississippi became a river wholly within the United States.57 It is worthy of note, however, that the doctrine advanced by Mr. Jefferson as international law in this controversy was almost identical with the declaration of the "Conseil Exeoutif" of the French Republic in relation to the opening of the Spanish Dominion of Florida) to ports in the Spanish territory. The boundary line was fixed'as running through the middle of said river, "in its whole course to the Atlantic Ocean." Of this the Court said? "The only access from the ocean to the Spanish waters running into the St. MaryTs, as well as to the adjacent Spanish territories, was through this river. So that, upon the general principles of the law of nations, the waters of the whole river must be considered as common to both nations, for all purposes of navigation, as a common highway, necessary for the advantageous use of its own territorial rights and possessions. • . • Under such circumstances, the question arises, whether a mere transit through the waters of the St. Maryfs, for the purpose of proceeding to the Spanish territory, is to be deemed an "arrival within "the limits of the United States from a foreign port. . . We are decidedly of tlie opinion that it cannot be so considered. The laws of no nation can justly ex- tend beyond its own territories, except so far as regards it own citizens. They can have no force to control the sovereignty or rights of any other nation, within its own jurisdiction. And, however general and comprehensive the phrases used in our municipal laws may be, they must always be restricted in construction to places and persons upon whom the legislature have author- ity and jurisdiction." The Apollon, 9 Wheat. (U.S.) 3&, 369*370, 6 L. Ed . Ill, 113 (1821+). 5°Treaty of Friendship, Limits and Navigation between the United State s and Spain, Oct. 27, I795, 8 Stat. at L. 138, 2 Malloy's Treaties, l61j.0, see, |
