CHAPTER VIII. EXPLORATION AND COLONIZATION. ARTICLE 77. Right of exploring and colonizing. 79. Right of pre-emption. Right of exploring and colonizing. 77. A nation has for itself and each of its members the right to explore and colonize any territory not within the territorial limits of a civilized nation. "When Englishmen establish themselves in an uninhabited or bar"barous country, they carry with them not only the laws but the sovereignty of their own State." Adv. Genl. v. Ranee Surnomoye Dossee, 2 Moore's Privy Council Rep., (N. S.,) 59; Forsyth's Cases and Opinions in Const. Law, 20. Exception. 78. The American continents are not to be considered as subjects for future colonization. Gardner's Institutes, p. 24, § 12. President's Messages. Right of pre-emption. 79. The nation first exercising the right of colonization acquires thereby the right of first purchase from the native inhabitants. 1 Phill. Int. Law, § CCXLIII. Compare Bluntschli, §§ 280–1. CHAPTER IX. FISHERIES. ARTICLE 80. Common right of fishery. 81. Limits. Common right of fishery. 80. A nation has for itself and each of its members the right to take fish in any waters not within the territorial limits of any other nation whatever. 1 Phill. Int. Law, pp. 202, 205; Bluntschli, § 307; 1 Twiss, §§ 176, 182; Dana's Wheaton, §§ 180, 270–275. See treaty, as to fisheries, between France and Great Britain, 11 November, 1867, 9 De Clercq, 773; the convention, relative to New Foundland fisheries, between France and Great Britain, 14 January, 1857, 7 De Clercq, 208; and an additional act between France and Spain regulating international fisheries, March 31, 1859, 7 De Clercq, 578. Limits. 81. For the purposes of this Chapter, the territorial limits of a nation extend only to three geographical miles from low water mark, to be measured with respect to bays, the mouths of which do not exceed ten geographical miles in width, from a straight line drawn from headland to headland. Marten's Nouv. Rec., 16, p. 954. Convention between England and France, Art. 9, Aug. 3, 1839. The right of fishermen lawfully pursuing their calling, to land for the purpose of drying and mending their nets, and procuring necessary supplies, is secured in common with the equal privileges of foreign vessels generally, by the provisions of this Code, as to NAVIGATION, and as to UNIFORMITY. CHAPTER X. PIRACY. ARTICLE 82, 83. "Pirate" defined. 84. Harboring pirates forbidden. 85. Capture of pirates authorized. 87. Destruction. 88. Captor's reward. 89. Restoration of property. 90. Salvage, &c., not allowed to public vessels. "Pirate" defined. 82. Every person whatever, who, being an imate of a private ship,' upon the high seas,' as defined by Article 53, willfully and not in self-defense : 3 1. Destroys, or seizes by force and appropriates, any other ship, or its lading, or any part of either; or, 2. Kills, wounds, or seizes by force and abducts any inmate whatever of any other ship; Is deemed a pirate. 1 It is not necessary that the ship should be an armed ship. Goujet et Merger, Dict. du Droit Commercial, 4, p. 178, § 13. By the law of the United States and of France, this limitation of place is not essential to the crime. Loi 10 avr. 1825, art. 2. See 2 Goujet et Merger, 4, p. 178. 3 "The motive may be gratuitous malice, or the purpose may be to "destroy, in private revenge for real or supposed injuries done by persons or classes of persons, or by a particular national authority." Dana's Wheaton, § 124, note 83. Depredation not amounting to robbery is sometimes said not to amount to piracy. To the contrary, however, see Dana, above; Goujet et Merger, above, §§ 9, 11. The abolition of privateering is provided for in BOOK SECOND of this Code. The same. ! 83. Every person whatever, who, without authority from the owner, and with intent to injure, vex, or annoy any person whatever, or any nation whatever: 1. Removes, destroys, disturbs, obstructs, or injures any oceanic telegraphic cable not his own, or any part thereof, or any appurtenance or apparatus therewith connected, or severs any wire thereof; or, 2. Destroys or injures any international railway, canal, lighthouse, or any other structure or work, the perpetual neutrality of which has been declared ; 3. Or who beyond the territory' of any nation reduces to slavery, or holds in slavery, any person whatever, or conveys, or receives with intent to convey, any person whatever as a slave; Is deemed a pirate. The abolition of privateering renders unnecessary any provision for the case of foreigners, who accept privateering commissions or letters of marque from a nation at war with another, and who, when taken by the latter nation, may be punished as pirates, under some treaties. Treaty between the United States and Great Britain, 1794, Art. XXI.,8 U. S. Stat. at L., 127. 1 The acts specified in this subdivision, when committed within the territory of any nation, are to be left to the local law. Harboring pirates forbidden. 84. No nation can receive pirates into its territory, or permit any person within the same to receive, protect, conceal or assist them in any manner; but must punish all persons guilty of such acts. Treaty between the United States and Great Britain, 1794, Art. XX., 8 U. S. Stat. at L., 127. Capture of pirates authorized. 85. If there be probable cause to suspect that a ship is piratical,' any person whatever may cause its arrest and search; and if thereupon the suspicion is justified, may capture the ship: but if the suspicion is not justified, the person and ship causing the arrest must make satisfaction in damages according to the circumstances. 1 The Mariana Flora, 11 Wheaton's U. S. Sup. Ct. Rep., 40. Trial and condemnation. 86. Any piratical ship may be brought into a port of any nation, and the ship, its lading and inmates, may be there condemned by the courts of such nation. Destruction. 87. If they are unable to bring her into port, the captors of a piratical ship may destroy her. Captor's reward. 88. A ship or its lading condemned for piracy is to be adjudged to belong to its captors, except as respects the property of innocent third persons. Restoration of property. 89. Property taken by pirates, and brought or found within the territorial limits of a nation, is to be restored' to its innocent owner, saving the rights of holders thereof in good faith and for value, and subject to the payment of such reasonable salvage and expenses, not exceeding one-fourth of its value, as may be adjudged by the courts of such nation.' Proceedings for such restoration must be there begun on behalf of such owner, or the nation of which he is a member, within one year from the time of so bringing or finding the property.* 1 To this effect are most of the following treaties: Treaty between the United States and New Grenada, 15 May, 1856, Art. XVII., 7 De Clercq, 102. 2 Treaty between the United States and Mexico, 1831, Art. XI., 8 U. S. Stat. at L., 414. Upon payment of one-third of their value, Valin, Commentaire sur L'Ord, liv. 3, tit. 9, art. 10; one-eighth, 6 Geo. IV., ch. 49, § III.; 13 & 14 Vict., ch. 26, § V. 3 Within a year and a day after being reported at the Admiralty. Valin, above. |