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HERE several attempts have failed, / ant enough to warrant them in expending
the success of a new attempt must some labour and encountering some risk. always be doubtful. But it is hoped that They are confirmed in this conviction by the effort to give an organ, in the form of the favour with which this project has been a periodical, to the intellectual life of Ca- received, and by the generous and patriotic nada, is now made under better auspices support already afforded. than before. There has been of late a
To deal with Canadian questions and to general awakening of national life, which
call forth Canadian talent will be the first has probably extended to the literary and aim of the managers of the Canadian scientific sphere: of the large number re- Monthly. But they will seek in all quarters cently added to our population, the ordinary the materials of an interesting and instrucproportion may be supposed to be writers tive Magazine. or readers ; and special circumstances have favoured the present publishers inobtaining
The utmost latitude will be allowed to literary assistance in the conduct of their contributors in the expression of opinion, as Magazine.
well as in the choice of subjects; but the The plan of paying for all contributions, Magazine is not open to party politics or to adopted by the present publishers, will, party theology; nor will anything be admitbesides its more obvious advantages, secure
ted which can give just offence to any to them that perfect liberty of selection portion of the community. which could not be enjoyed by the managers Having a national object in view, the of periodicals conducted on the other system. managers of the Magazine will sincerely en
The chief promoters of the enterprise feel deavour to preserve, in all its departments, a that, at all events, the creation of a worthy tone beneficial to the national character and periodical for Canada is an object import-worthy of the nation.
THE TREATY OF WASHINGTON.
BY CHARLES LINDSEY.
GENERAL settlement of all disputed for the time, every serious ground of dis
England and the United States may well made now could prevent new complications
In the settlement of the Alabama question, gratulate ourselves that international moral. England has accepted rules of international ity has made a marked advance, or that this law which she holds were not in force at the country has received new securities against time of the occurrences out of which the the annoyance of irregular invasion. The American claims arose.
This sacrifice may great merit of the treaty is that it removes, be compensated, in a pecuniary sense, and
in that sense only, by the advantages which ment of the latter country on the occasion a great maritime nation like England may, of the first Fenian raid, stood silently still in future, reap from the following rules be- till the soil of Canada had, after weeks of coming obligatory on the two contracting loud-trumpeted preparation, been invaded. powers :
Then it issued a proclamation. Having so “A neutral Government is bound
completely failed in its duty, there was more First, to use due diligence to prevent reason that it should pay the damages occathe fitting out, arming, or equipping, within sioned by these raids than that England its jurisdiction, of any vessel which it has should pay the Alabama claims. In refusreasonable ground to believe is intended to ing to do so, it stands condemned by intercruise or to carry on war against a Power national law, by its own municipal laws, with which it is at peace; and also to use and by its early traditions in the days of like diligence to prevent the departure from Washington, Jefferson, and Randolph. Eng. its jurisdiction of any vessel intended to land not only pays but apologizes for the cruise or carry on war as above, such vessel depredations of the Alabama. The contrast having been specially adapted, in whole or is more striking than agreeable. in part, within such jurisdiction, to warlike Let us look at the Fenian raids question
in the light of the past, and we shall see "Secondly, not to permit or suffer either how the United States of to-day performs its belligerent to make use of its ports or waters national obligations compared with the way as the base of naval operations against the it performed those obligations at the close other, or for the purpose of a renewal or of the last century. No nation ever pushed augmentation of military supplies or arms, to a greater extent the maxim that indivior the recruitment of men.
dual citizens have no right to be at war “Thirdly, to exercise due diligence in its while their government is at peace. The own ports and waters, and, as to all per early statesmen of the Republic contended sons within its jurisdiction, to prevent any
that the restriction extended not merely to violation of the foregoing obligations and masses of men, but included every individuties,”
dual citizen. Nor did they rest content It would not be difficult to understand with declaring the rule: they sought to enthe acceptance of an ex post facto rule, by force it. In 1793, when war existed between one party to the contract, if the other came England and France, the French contended under a similar obligation. But we look that they had a treaty right to enlist men in vain for any thing like reciprocity here. for the naval service in the United States. The case of the Fenian raids was of a more And they tried to put this alleged right into flagrant character than that of the Alabama. force. An American citizen, Gideon HenAll that could be urged against England field, was arrested by his own government was that she may have failed to use due and tried for having taken service, illegally, diligence to prevent the sailing of that on the French cruiser Citoyen Genet. Befamous corsair. A vessel can be fitted out sides being an old revolutionary soldier, he with a secrecy which is impossible in setting pleaded ignorance of the law he was accuson foot a land force. The Fenian raids ed of violating, and expressed contrition for were organized with the greatest ostenta- his conduct; and he was, probably for these tion of publicity, in a time of peace. The reasons, acquitted by the jury. The arrest municipal laws of England, on the subject gave occasion for the Government to make a of neutrality, were feeble compared with public exposition of the law on the subject those of the United States. The govern- of private citizens making war on their own
account. Besides being punishable because pensation for the injuries Canada received his conduct was in violation of treaties, by therefrom, it is difficult to find any reason which the United States stipulated with other for being jubilant over this part of the countries, that there should be peace be. treaty, as indicating an advance in the printween their citizens and subjects, Attorney ciples of international justice and morality. General Randolph declared every such of The Fenian raids were organized under cirfender was indictable at Common Law, be cumstances very different from those in cause his conduct brought him within the which individual American citizens joined description of persons disturbing the peace the French standard in 1793. There was of the United States. And Jefferson, who no war in progress; no flag for the Fenians was at the time Secretary of State, laid down to take shelter under; no government for the rule in words which ought never to be them to transfer their allegiance to. The forgotten. “For our citizens,” he said, in pretence, which was rot allowed, at the an official communication to the French former epoch, in time of war, of divesting Minister to the United States, “ to commit themselves of the character of American murders and depredations on the members citizens and transferring their allegiance to a of nations at peace with us, or to combine foreign sovereign by the mere act of engag. to do it, appeared to the Executive, and ing in his service, could not be set up by the to those whom they consulted, as much Fenians. They were a lawless band of against the laws of the land as to murder or marauders, composed of American citizens rob, or to combine to murder or rob, its and persons under the protection of Ameriown citizens, and as much to require punish- can laws ; incapable of accomplishing any ment, if done within their limits, or where thing beyond rapine and murder. Of the they have a territorial jurisdiction, or on the few leaders against whom legal proceedings high seas, where they have a personal juris were taken by their own Government, the diction, that is to say, one which reaches punishment was only a form, equally withtheir own subjects only.” He gave notice out reality or deterring influence. For this that the laws would be enforced against all great international wrong—this invasion of persons so offending, whether citizens or our territory in a time of profound peacealiens within the jurisdiction of the Republic the Americans neither make apology nor and enjoying the protection of its laws. would give compensation. England, we are The argument against an individual citizen given to understand by a speech of Mr. going to war on his own authority was that Gladstone, stands vicariously charged with what one might do all had the same right to the damages. So Canada will be paid. It undertake; and if this were allowed the makes no difference to us, we may be told, in nation might find itself at war without the a money point of view, whence the compenauthority of the Government.
sation comes ; but it makes a vast difference The right to restrain individual citizens, in the guarantees of future security whether and the arguments by which it was upheld, or not a nation, bands of whose citizens now find few defenders. The Americans have committed unprovoked outrages on afterwards confined their restriction to bodies our soil, holds itself amenable to the rules of men, intending to act together against any of international law and the plainest principower with which the Government was at ples of justice. The practical immunity of peace.
the offenders could hardly fail to serve as an When we apply these facts to the case of encouragement to them; the national disthe Fenian expeditions, and to the refusal of avowal of responsibility may put the whole the Washington Government to give com nation in a temper to believe that raids on
the territory of a country coterminous with it is not improbable that the complaints the Republic may at any time be made a which went up from Barnstable and Plysafe diversion from the dull routine of every mouth, Massachusetts, to Congress in 1806, day life. We know, as a matter of fact, at having to meet the competition of British that before the treaty has, in all its parts, Colonial fish, in American markets, may be gone into operation, another raid by Ameri- repeated. can citizens has been made on the fron When they were excluded from the United tier of the North-West. If this last raid States, by high duties, the fishermen of was thoroughly contemptible, it involved the Nova Scotia were loud in their demands for Dominion in the expense of sending up a a strict enforcement of the prohibitions of hundred men to Fort Garry.
the Convention of 1818. In 1836, the Local The opening of the United States market Legislature passed an Act authorizing officers to Canadian fish reconciles to the treaty the of the Government to board American fishclass who have the greatest and most direct ing vessels found hovering within the prointerest in the fisheries : the fishermen of hibited limits, and to remain on board till the Canada. Their views of the arrangement vessels moved away.
That Province was are at once coloured and circumscribed by foremost in urging the exclusion of Ameritheir interests. They know that it is to cans from the Bay of Fundy and Bay their advantage to have free access for the Chaleur, and in denying them the right to products of their industry to the nearest, navigate the Strait of Canso. The Local and in some respects the best, market. Legislature claimed the right to prevent They have no sympathy with a feeling that foreign vessels passing through that strait, would bar the American market to them, where, it was complained, they cast bait to unless these fisheries could be converted lure fish, and by this means negatively coninto a make-weight in securing a general travened the treaty. reciprocity of trade, which American states More than a quarter of a century ago, the men show no disposition to grant. The un- British Government would have thrown popularity of the fishery articles of the treaty open to the Americans all the Bays over with other classes is, in a measure, compen- six miles wide, if it had not been for the sated by their ready acceptance by the fisher assurance of Lord Falkland, then Lieuten
The latter are most nearly interested ; ant-Governor of Nova Scotia, that the the former most numerous. Nova Scotia, measure would create deep-rooted dissatiswhose greatest material interest lies in her faction both in that Province and New fisheries, was brought into the confederation Brunswick. Nova Scotia deprecated any in a manner which her population deeply concession to their rivals ; and insisted on resented. She complained that she was their being held to a strict construction of dragged into an union about which her the treaty. And in 1845, excepting only people were not fairly consulted ; that the Bay of Fundy, she succeeded in bringundue restraint was put upon her will. The ing over the Imperial Government to her sullen gloom inspired by that event had views. She sometimes employed as many not been wholly dissipated; and it would as four armed vessels for the protection of have been highly impolitic to act as if other the fisheries; and she was loudest of all the parts of the Dominion had a greater interest colonies in demanding from England an inin the fisheries of the Province than her crease of naval armaments. While she conown fishermen. As between the fishermen tributed four, her sister Province, New of the two countries, the Canadian appear to Brunswick, in 1852, tardily furnished two ; be better satisfied than the American; and land Canada, not exceeding in this respect