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Show -36- Here sovereign conceptions bred in moist England met those originating in dry Spain with its arid dominions on this continent and elsewhere; but the adjust- ment was effected with a simple provision for common utilization of the flow of these rivers for purposes other than navigation as well as for that everlasting- ly persistent use.96 ?/hether this treaty contemplated diversion of waters from any of these rivers for irrigation, or referred only to domestic use,, may never be known. For it was only two years later that the same "King of the Spains11 was tricked out of all that remained of his sovereignty in North America when the last of his viceroys, Juan O'Donoju, signed the Treaty of Cordoba (1821) and paved the way for Augustin de Iturbide to beoome the first Emperor of Mexico with dominion over all the territory now within, the United States west of the Louisiana Purchase and south, of the Oregon Country.$7 Having added safely to the territories of the United States the basin of the Mississippi and all the Gulf coast east of the River Sabine, the early American imperialists at Washington next turned their attention to the more difficult problem of opening navigation to the United States on the St. Lawrence River, held at its mouth by Great Britain and affording the only natural outlet to the main ocean from the Great Lakes* This initiated a diplomatic controversy that was not to end for half a century. Unwilling at that time to concede any force to the Final Act of the Congress of Vienna beyond the European domains of the signatory Powers, the British statesmen doggedly maintained their claim of right to deny passage or navigation to the citizens of the United States through that part of the great river lying wholly within British territory. The American views and contentions were prepared under the direction of John Quincy Adams, first as Secretary of State and then as President. In chief, they were stated as follcwsj MThe right of the upper inhabitants to the full use of the stream rests upon the same imperious wants as that of the lower-upon the same intrinsic necessity of participating in the benefits of the flowing ele- ment;. Rivers were given for the use of all persons living in the country of which they make a part, and a primary use of navigable ones is that of external commerce. The public good of nations is the object of the law 12, 182E, 8 Stat. at L.# 372, 1 Malloy»s Treaties, 1082; Convention between the United S-tates and Texas, Apr. 25, I838, 8 Stat. at L. 511, 2 Malloy»s Treaties, 1779. " This provision must not be confused with ordinary riparian rights. There was nothing in the treaty to limit the use of these waters to riparian proprie- tors; but: on the contrary the privilege was expressly reserved for "the inhabi- tants of both nations." 87 . The Empire was soon succeeded by the Republic. The Constitution of the Republic of Mexico adopted in I82I4. as "Constitution of the United Mexican States" defines 3.ts territory as follows: "Its territory consists of that which was formerly called the vice-royalty of New Spain, that styled the captain general- ship of Tucaton, that of the commandant generalship formerly called the Internal Provinces of Bast and '.Test, and that of Lower and Upper California, with the lands annexed and adjacent islands in both seas." 6 Thorpe!s Constitutions, |