NAVIGATION, FREEDOM OF, in the open or high seas has been fully established for nearly a century, and such efforts as have been made in the past to churn exclusive jurisdiction were founded rather on national pride or arrogance than on reasonable principles or considerations of commercial value. The most pretentious claims which have been made were those of Spain and Portugal in the 15t11 c. based on bulls of popes Nicholas V. and Alexander VI., giving Portugal control over the African seas, and dividing between the two the sovereignty of the Pacific. Of course Protestant nations paid no attention to these claims. The true principles of sovereignty in regard to seas, bays, etc., were' first laid down by Grotius in his Mitre Ltherum, 1608, but, notwith standing, his countrymen the Dutch for a long time opposed the right of the Spaniards to trade with the Philippines via the cape of Good Hope. In 1035 Selden published Mare ClauNum„ an attempt to refute Groans and defend the claims of the English to sovereignty over the seas about the United Kingdom as far as to the coasts of other nations. Ills argument was weak, being based entirely on alleged precedents. The latest serious claim of the kind was- that of Russia, which formerly askirted dominion over the Pacific n. of 51° n. lat. on the ground that no other state possessed territory bordering thereon. This was withdrawn in treaties with the United States and Great Britain in 182.4-25. But while the open sea is free to all, inland seas are subject to the jurisdiction of the country in which they are situated; and where, as in the Black sea, two nations border on an inland sea, and in the case of gulfs or straits, questions of some difficulty have arisen. It is conceded that marine jurisdiction extends a. short way from the coast, a marine league being the generally accepted limit; so also, gulfs and bays belong to the countries owning the promontories between which they lie. But this doc trine must not be carried too far, and the idea suggested by chancellor Kent in the early part of this century, that sovereignty might be in future claimed over the waters in closed by lines drawn from cape Cod to cape Ann, Nantucket to Montauk Point, thence to the Delaware capes and from the extremity of Florida to the Mississippi (before Texas was annexed), is now considered untenable, as is also the proposition that the line of the gulf stream should bound the sovereignty of the United States. For purposes
connected with the laws of revenue and commerce, four leagues are allowed. As to narrow seas, gulfs, and straits, there has existed from time inunemorial a claim on the part of England to sovereignty over the English and St. George's channels, the Irish sea and the North channel, and theoretically it may still exist; but long since the only exile-. dons from other nations have been in requiring certain honors to be paid to the British flag, and even this custom has fallen into disuse. Over the Baltic sea Denmark long exercised it rather despotic rule, based partly on the natural position of the sea, partly on precedent, and partly on the cost of maintaining light-houses and signals. Heavy tolls were laid on foreign vessels, and caused the war with the Netherlands in the 17th century. In 1857 the powers agreed to pay Denmark a round sum as compensation for the renunciation of her alleged sovereignty, and the United States paid nearly $400,000 as its share. The questions in regard to the Black sea have had great prominence in the European and Turkish complications of this century. Previous to 1829 Turkey claimed the sole sovereignty. At that date Russia and her allies were admitted to the right of navigation. In 1841 it was agreed that vessels of war should not enterthe Bosporus or Dardanelles; while by the treaty of 1856 the Black sea was made neutral, ships of war still being prohibited from entrance, though Russia and Turkey were to allow each other a small naval force for protection of commerce, etc. The action of thn Berlin congress of 1878 tends to confirm and strengthen the neutrality of this inlar sea. Navigation of rivers has also given rise to questions of international interest, and there has been a constantly increasing freedom and enlargement of the privileges allowed by the country controlling the mouth and lower course to the countries lying above.