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tlie open sea is by nature not capable of being reduced into tlie posses- 

 sion, or being effectively occupied, or brouglit under the empire of one 

 nation, says: "But independently of these iiiaurmountablo difificnlties, 

 the use of the open sea, which consists in navigation, is innocent and 

 inexhaustible; he who navigates upon it does no harm to any one^ and 

 the sea in tlrs respect is sufficient for all mankind. But nature does 

 not give to man a right to appropriate to himself things which may be 

 innocently used by all, and tchich are inexhaustible and sufficient for 

 all. For since those things, whilst common to ^all, are sufficient to 

 supply the wants of each, whoever should attempt to render himself 

 sole proprietor of them (to the exclusion of all other participants) would 

 unreasonably wrest the bounteous gifts of luiture from the parties ex- 

 cluded. Further, if the free and common use of a thing, which is in- 

 capable of being aijpropriated, was likely to be prejudicial or dangerous 

 to a nation, the care of its own safety would authorize it to reduce that 

 thing under its exclusive empire, if possible, in order to restrict the use 

 of it on the part of others, by such precautions as prudence might dic- 

 tate. But this is not the case with the open sea, upon which all i^er- 

 sons may navigate without the least prejudice to any nation whatever, 

 and without exposing any nation thereby to danger. It would thus 

 seem that there is no natural warrant for any nation to seek to take 

 possession of the open sea or even to restrict the innocent use of it by 

 other nations." Again, the same author: " The right of fishing in the 

 open sea or main ocean is common to all nations, on the same i)rinciple 

 which sanctions the common right of navigation, namely, that he who 

 fishes in the open sea does no injury to any one, and the products of 

 the sea are in this respect inexhaustible a)id sufficient for alV^ 2\ciss, 

 Law of Nations, Title, Right of the Sea G. 11, §§ 172, 185. So Gro- 

 tius: "It is certain that he who would take j)ossession of the sea by 

 occupation could not prevent a peaceful and innocent navigation; such 

 a transit can not be interdicted even on land, though ordinarily it would 

 be less necessary and more dangerous." Blc. 2, c. 3, § 12, page 

 445. Vattel: "It is manifest that the use of the open sea which 

 consists in navigation and fishing is innocent and inexhaustible : 

 that is to say, he who navigates or fishes is sufficient for all man- 

 kind." Chap. 33, Sec. 291. Azuni, in his work on the Maritime 

 Law of Europe, well says that the sea is intended by Providence 

 to be common to the different nations of the world, "to contribute 

 to the wants, the commerce, the well-being and the prosperity of ail who 



