NI ; BERING SEA ( 'ONTROVERSY, etc.) But the question of national control in its present phase is reduced to the applieation of the rule to broad arms or recesses of the sea, narrow seas inclosed within the territory of a single State, straits leading to inland seas, such inland seas and navigable rivers rising in one country and dis charging through the territory of another.
Of the first class, bays are generally conceded to belong to the States to which the embracing belong, unless the headlands are so far separated as not to permit of effective de fense. Thins Delaware Bay was in 1792 declared to belong exclusively to the United States, and a like claim for Chesapeake Bay would hardly be contested, although the Bay of Fundy is held to lie a part of the high seas.
The straits over which international contro versy has chiefly arisen are those leading into the Baltic and Black seas. Denmark claimed exclu sive control over the former by prescriptive right. Is early as 131!) certain prescribed tolls were levied upon the Dutch, an attempt to increase which 0 century afterwards resulted in war. In the seventeenth century England and France contracted to pay the same Sound Dues that the Dutch paid. This continued until about 1855, when au arrangement was made whereby, on the payment of 35 million rix-dollars (about $17. 50(1.n310), Denmark relinquished her claim to tolls, and agreed to properly police and protect the passage. The United States' share of the capitalized tariff was $393.011. Previous to Russia's acquisition of the northern coast of the Black Sea it was Turkish water. but by the Treaty of Adrianople (1829) entranee through the straits into the Black Sea and navigation thereon was permitted to Ilussia and Powers friendly to her. lint according to the aneient custom all foreign vessels of war had been pro hibited ent ranee into the Bosporus and the Dardauelks, and this inhibition was continued under the Treaty of London (1S41) between Turkey and thy live rowers- lty the Treaty of of 1856 the Black was neutralized. lint in Russia seenred the abrogation of this provision of the treaty and has the right of main taining her Gets of whatever size in the Black Sea. Tnrkey may in time of peace lawfully open the straits to her friends, although unfriendly to Russia, whenever it may seem necessary to pro vide for her own safety.
When a navigable river runs between two States both are guaranteed its unmolested use and the line is held to run along the middle of the stream. But when a river rises in the terri tory of one State and discharges through the ter ritory of another, international law does not admit the moral claim sometimes asserted by the upper State to right of navigation to the mouth. Yet nearly all such streams flowing through the territory of Christian nations have now been opened by international agreement. By the act of the Congress of Vienna (1815) declaring free the use of certain streams separating or travers ing the territory of differont Powers, the Rhine and Scheldt were opened to navigation. This act also opened most of the other European rivers, except ing the Danube. which by the Treaty of 1;ucharest and later by that of Adrianople (1829) was made free for common commercial use to Turkey and Russia. Later by the Treaty of Paris (1856) this also came within the application of the concert of the Congress of Vienna. At the close of the Revolutionary War Spain held the territory at the mouth of the .Thssissippi and refused the United States outlet to the Gulf of Mexieo. The Louisiana Territory was subsequently ceded to France, and its purchase by the United States in 1803 removed the question. The Saint Lawrence was thrown open to the l'nited States by the reci procity treaty of 1854 with threat Britain. which also included the reciprocal use of the Upper Lakes and the freedom of Lake Alichigan to Ca nadian subjects, In South America the freedom of the Rio de la Plata to commerce was guaran teed by a series of treaties from 1853 to 1859. while the Amazon was in 1867 declared by Brazil to be open to all nations. The Stikine, Yukon., and Porcupine rivers of Alaska, rising in British territory, were opened to the subjects of England and the United States by the Treaty of Washing ton 118711, while the Congo and Niger in Africa were opened under an agreement for an interna tional commission provided for by the Congo Con ference of 18S1-S5. Consult the authorities re ferred to under INTERNATIONAL LAw. See also Ilion SEAS.