Page:The American Cyclopædia (1879) Volume X.djvu/230

224 LAW OF NATIONS render aid to all nations that might wish to re- cover their liberty, and ordered the decree to be printed in all languages, Great Britain was regarded as justified by the law of nations in treating the resolution as a declaration of war against all nations. Another clear right of every sovereign state is that of exclusive prop- erty in its territory, and therefore of complete inviolability. This right is derived either from conquest or from occupancy, confirmed, as in the case of private individuals, by the right of prescription; or it may rest upon express treaty or conventions with foreign states. As against other powers, the right to territory is exclusive ; in respect to its own subjects, the right is paramount, and constitutes what is called the state's right of eminent domain. Mere discovery by the subject of a nation does not give title to his sovereign, unless the sover- eign commissioned him to this intent, or sub- sequently confirmed his claim of discovery by adopting it. Much too depends in respect to right of acquisition upon occupancy. There- fore, in the case of newly discovered lands, not only is some formal act usually considered necessary in taking possession, but the right will hardly be protected and confirmed with- out use and settlement of the territory. But how far the territorial sovereignty shall extend, even after a settlement, gives rise to very difficult questions of international law. These principles received very ample discussion in our conventions and treaties with Great Britain concerning the northwestern coasts and ter- ritory. The state's exclusive jurisdiction ex- tends of course over all rivers and lakes which are entirely enclosed within its boundaries. But it is difficult to determine rights when a river forms the boundary between or flows through the territory of different states. "When a river forms the limit of conterminous states, the pre- sumption is that both of these have the right of navigation in the whole river, though, ac- cording to the Roman law, the middle line of the river forms the strict limit between the two. But in respect to rivers which at any part of their course lie within the territory of a single state, the strict rule is, that the right of navigation here, for those even who border upon it higher up in its course, is but an im- perfect one, and the right of a passageway may be conceded or withheld as it may seem good to the state through whose domain the river flows. The strictness of this rule was insisted upon by Great Britain against our government in regard to the St. Lawrence. The United States claimed the right of navigation down the river to the ocean, in virtue of their proprietary right in the great lakes through which it passes. By the treaty of 1854 Great Britain conceded to this country the privilege of navigation, subject to revocation, but still, as it had always done, denied our natural right to enjoy it. But by the treaty of 1871 the river was made for ever "free and open for the purposes of commerce to the citizens of the United States, subject to any laws and regulations of Great Britain or of the Dominion of Canada not inconsistent with such privilege of free navigation." Over straits, or those narrow passages which com- municate between two seas, a state may possess an exclusive control if both shores belong to her, and if the navigation of either sea to which they lead be subject to her exclusive power. Thus, while the Black sea belonged exclusively to Turkey, and the Bosporus and Dardanelles were both bordered by her territory, the juris- diction over these was rightfully claimed by the Porte. But when the navigation of either of the seas is free, the right to control the straits must be modified by the necessities and rights of commerce. By the treaty of Paris of 1856 the Black sea was opened to the com- merce of all nations, and the clause of that treaty excluding all ships of war was abroga- ted at the close of 1870. A state cannot be com- pletely secure without extending its authority over some portion of the waters which wash its coasts. By the general law of nations, which may however be modified by unquestioned usage or by special compacts, this authority reaches over a marine league, or the distance measured by a cannon shot from the shore at low tide. For the prevention of frauds upon the revenue laws in time of peace, or to pre- vent war ships of a belligerent power from cruising so near the coast as unfairly to menace homeward or outward bound ships, it is the practice of nations, certainly of Great Britain and the United States, to exercise jurisdiction for these purposes within four leagues from the coast. Over all bays and gulfs, and those parts of the sea which are included within lines drawn between headlands, the state has un- questioned right. The open ocean is the com- mon territory of all nations. Finally, it is an incident of sovereignty that the state may ex- ercise exclusive jurisdiction over all persons within its limits, whether they be its own sub- jects or those of foreign states. It has an un- doubted right to the service of its citizens, the right to forbid their departure (a power which is actively exercised by some European states), and the right to recall them from foreign countries. It may dismiss foreigners, or by an act of naturalization adopt them into its citizen- ship. From the principle of exclusive sover- eignty it also follows, that the laws of every state govern not only the persons who dwell in it, but control all property, real and personal, within the territory, and all acts done and contracts concluded there. The state concedes no proper force to foreign laws, yet upon the principle of reciprocity, complete or partial, or upon considerations of equity or international comity, they may be recognized and allowed their effect. It is plain that the tenure, the title, and the modes of conveyance of real prop- erty must be uniformly governed by the laws of the country where it is situated. Hence it is a rule of the English and American law that a deed or will executed in a foreign country, or