1. A nation may occupy and extend its dominion on the sea, beyond tile immediate vicinity ol its oat) particular coast, either in rivers, lakes, bay s, straits, or the ocean ; and such dominion may, if the national security require it, be maintained by a fleet of armed vessels. The empire of a nation on the seas may extend as far as it has been ac khowledged to extend by the consent of other nations, and beyond the boundary of its property. It remains then to be considered, whether or not there arc such extended limits on the European seas, acknowledged to be the property, or under the domimon, of particular nations. Among the bays, straits, and gulfs, there are some which are general ly acknowledged to be. free ; there are others which ale looked upon as under the dominion, and in part even tne property of the masters (Alin coast ; and there are others, the property and dominion of which are still in dispute.
2. (I) The following ale acknowledged as free : The Spanish Sea, the Aquitain Sea, the North Sea, the White Sea, the Mediterranean Sea, the Straits of Gibraltar. (2) The three Straits between Denmark and Sweden are under the dominion, and are looked upon as the property, of the king of Denmark ; St. George's Channel, between Scotland and Ireland, is under the dominion of Great Britain ; the Straits of Sicily are under the dominion of the king of Sicily ; the Gulf of Bothnia is under the dominion of the king of Sweden ; the Black Sea, the Sea, the Bosphorus of Thrace, the Pro pontis. and the Hellespont, are all under the dominion of the Turkish emperor. (3) Other nations dispute will England her claim to the dominion, and in part to the property. of the lour seas that surround her; particularly the British Channel. and the Straits of Dover. They dispute with the republic of Venice her claim to the do minion over the Adriatic ; and with Genoa, her claim to the dominion over the Ligustic Sea. ?lore than one dispute has arisen concerning the dominion over the Baltic.
S. NV oh respect to the vast ocean, and the four great seas that compose it :,first The enormous extent of each ol these seas, and particularly that of the Indian Sea, about which the greatest disputes have arisen, renders it not only extremely difficult to occupy, but puts it ab solutely out of the power of any of the states of Europe to maintain and defend the possession of it. And even if this could be done, the want of a justificatory reason for keeping such possession would render it unlawful. Neither the right of discovery, nor the donation of the Holy Father, dor prescription, has been able to exclude other nations from that possession in common which ought to be preserved. The sole dominion must exist in the
theory ; but it has never been acknowledged by the na tions of Europe to belong to any one of them. The ocean, then, is free ; and surety it ought to be so. After the vain pretensions and contestauous of the Portuguese on the subject, during the 16th and 17th centuries. all the powers of Europe now acknowledge the ocean and the Indian Sea to be exempt from all property and dominion, and to be the common possession of all nations. A na tion may, however, renounce the liberty of navigating in the Indian, or any other sea.
4. Rivers and lakes are useful for navigation, or for fishing, or for other emoluments arising from their pos session ; and, therefore, the powers that are masters of the banks have a right to appropriate the use of them exclusively to themselves. In general, they do forbid foreigners to fish on them ; but with respect to navigation, as such a prohibition would produce retaliation, and as it is contrary to the commercial liberty generally introduc ed in Europe, foreigners are now permitted, in time of peace, to navigate freely and without restraint. This liberty is founded in part on treaties, but in some demi sovereign states on law. But in every case where it is only founded upon custom, that custom does not hinder a nation from making whatever regulations and restrictions it pleases, or from excercising over such part of its ter ritories all the rights of sovereign dominion.
5. The sea surrounding the coast, as well as those parts of it which are land-locked, such as the roads, little bays, or gulfs, Ste. as well as those which are situated within cannon shot of the shore, (that is, within the distance of three leagues.) are so entirely the property, and subject to the dominion of the master of the coast, that, first. He has the exclusive right to all the produce of it, whether ordinary or accidental, as far as relates to things unclaim ed by any other lawful propr.etor ; second, He can for bid or restrain the navigation of foreigners in his roads, and their entry into his ports. Yet, in time of peace, this liberty is generally permitted to merchant ships, and even to ships of war to a certain number ; third, He has a right to impose dutii s, tonnage, fees ol entry, of clear ance, &c. and he can institute tolls for the benefit of his navigation ; fourth, He may require the maritime honours that custom allows to those who have dominion over any part of the seas. In short, the parts of the sea sur rounding the coast ought to he looked upon as fuming a part of the territory of the sovereign who is master of the shore.