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not there are such extended limits on the European 

 MM, acknowledged to be the property, or under the 

 dominion, of particular nations. Among the bays, 

 straits, and gulfs, there are some which are generally 

 acknowledged to be free; there are others which are 

 looked upon as under the dominion, and, in part, even 

 the property of he masters of the coast ; and there are 

 others, the property and dominion of which are still 

 in dispute. 



2. (1.) The following are acknowledged as free: 

 The Spinish Sea, the Aquitain Sea, the North Sea, the 

 White Sea, the Mediterranean Sea, the Straits of Gib- 

 raltar. (&) The three Straits between Denmark, and 

 Swe<len, are under the dominion, and are looked upon 

 as the property, of the king of Denmark ; St. George's 

 Channel, between Scotland and Ireland, it under the 

 dominion of Great Britain ; the Straits of Sicily are un- 

 der the dominion of the king of Sicily; the Gulf of 

 Bothnia is under the dominion of die king of Sweden ; 

 the Black Sea, the Egean Sea, the Bosphorus of Thrace, 

 the Propontis, and the Hellespont, are all under the do- 

 minion of the Turkish emperor. (3.) Other nations 

 dispute with England her claim to the dominion, and 

 in part to the property, of the four seas that surround 

 her ; particularly the British Channel, and the Straits 

 of Dover. They dispute with the republic of Venice 

 her claim to the dominion over the Adriatic ; and with 

 Genoa, her claim to the dominion over the Ligustic 

 Sea. More than one dispute has arisen concerning the 

 dominion over the Baltic. 



'A'ith respect to the vast ocean, and die four great 

 MM that compose it, jirtt, The enormous extent of each 

 of 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 Eu- 

 rope to maintain and defend the possession of it. And, 

 even if this could be dune, the want of a justificatory 

 mson for keeping such possession would render it un- 

 lawful. Neither the right of discovery, nor the dona- 

 tion of the Holy Father, nor prescription, has been able 

 to exclude other nations from that possession in com- 

 mon, which ought to be preserved. The sole dominion 

 must exist in the theory ; but it has never been acknow- 

 ledged by the nations of Europe to belong to any one 

 of them. The ocean, then, is free; and surely it ought to 

 be so. After the vain pretensions and contestations of 

 the Portuguese on the subject during the iCith and 

 1 7th centuries, ail the powers of Europe now acknow- 

 ledge the ocean and the Indian Sea to be exempt from 

 mil property and dominion, and to be the common pos- 

 of all nations. A nation may, however, re- 

 the liberty of navigating in the Indian, or any 



M. 



4. Riven and lakes are useful for navigation, or for 

 fishing, or for other emoluments arising from their pos- 

 sewion ; 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 reta- 

 liation, and a it is contrary to the commercial liberty 

 generally introduced 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. 

 Bui in every case where it is only founded upon cus- 

 tom, that custom does not hinder a nation from making 

 whAteverjreguiaiions and restrictions it pleases, or from 



exercising over such part of its territories all the rights Law 

 of sovereign dominion. of Nations.- 



5. The sea surrounding the coast, as well as those ^T' f ~~' 



c. , , , And over 



parts or it which are land-locked, sucn as the roads, the sea 



little bays, or gulfs, &c. as well as those which are situat- near the 

 ed within cannon shot of the shore, (that is, within the coast. 

 distance of three league?,) 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 pro- 

 duce of it, whether ordinary or accidental, as far as re- 

 lates to things unclaimed by any other lawful proprie- 

 tor ; second, He can forbid 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 duties, tonnage, 

 fees of entry, of clearance, &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 surrounding the coast 

 ought to be looked upon as forming a part of the ter- 

 ritory of the sovereign who is master of the shore. 



6'. The master of the shore cannot be said to have a Of ship- 

 right to appropriate to his own use the wreck of any wrecks. 

 foreign vessel cast away on his coast, nor the goods, 

 cvc. that, in a moment of danger, have been thrown 

 over board. This pretended strand-right, contrary 

 most certainly to the laws of nature as well as those of 

 humanity, was formerly exercised pretty generally in 

 Europe. It has been restrained from time to time, 

 particularly since the thirteenth century, by privileges, 

 laws, and a number of treaties ; so that it may now be 

 fun-idered as generally abolished in our quarter of the 

 globe. If there still remain some relics of it in a few 

 places, it is against such places only that it is made use 

 of by way of retaliation. 



7. The rights exercised on the sea near the coast, are straits. 

 exercised also in those straits which arc not wider than 



two cannon shots. It is for this reason that the King 

 of Denmark, by possessing the property and dominion 

 of the navigable part of the Sound, claims there, not 

 only the maritime honours due to him as sovereign, but 

 certain tolls or rates for the liberty of passing. This pay- 

 ment is now fixed by his treaties with other nations. 



8. With regard to the extent of the rights exercised or the 

 on the seas adjacent to the landed territory of particu- rights 

 lar states ; claimed 



First, The Turkish Emperor exercises his right of by parti. 

 proprietor and sovereign of the Black Sea, in such ^ncer-* 

 a manner as not to permit even the entry or navigation tain 6ea8> 

 of it to any nation whatever, unless he has granted it 

 by treaty. 



Second, Denmark, wishing to extend her empire and 

 rights as proprietor over the seas adjacent to Iceland 

 and Greenland, to the space of four miles from Iceland, 

 and fifteen miles from Greenland, claims a right of ex- 

 cluding foreigners from fishing, and even navigating 

 in that space. But this is disputed by many nations, 

 and particularly by the United Provinces in what con- 

 cerns the right of fishing. 



Thiril, Great Britain, claiming the property- and em- 

 pire of certain parts of the four seas that surround her, 

 empire over more distant parts, and maritime ho- 

 nours on all the seas, has very often had contestations 

 with foreign nations, who, on their part, except bound 

 by treaties, have never yielded her any thing more 

 than what belongs to every master of the shore. 



Fourth, The republic of Venice claims empire,. 



