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* NAVIGATION. 312 NAVIGATION LAWS. S. N. (New York, 181J!») ; iuul liouditch's Prac- tical Xaviyator, published by the Hydioyiapliic Oflice, United States Navy, Wasliington (mw edi- tions every three or four years, but all recent editions substantially the same). Jlueh information in regard to navigation is contained in the following articles: Almanac; AstkojNomy; Collisions of Vessels; Compass; Dead Reckoning; FogSig.nals ; Helm; Lati- tude AM) Lo.NulTlDE; Lead, 8oixi)1.nu; Log; Log-Book; Rules oe the Road; Sailings; Seamanshu'; Sextant; Sound, Sounding; Steering; Tacking and Wearing. NAVIGATION, Freedom of. The right wliioli nil iKitidiis possess of unrestricted passage over the high seas. While the right is now uni- versally admitted, it is only within the jjast century that the question has become a settled one. Formerly claims of territorial jurisdiction were made over large portions of the ocean, and these claims have led to much controversy and frequent international disputes. ( See Mare Clau- .SU.M : Bering Sea Controversy, etc.) But the question of national control in its present phase is reduced to the application 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 end)racing promontories belong, unless the headlands are so far separated as not to permit of elfective de- fen.se. Thus 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 be a part of the liigh seas. The straits over which international contro- versy has chielly arisen are those leading into the Baltic and Black seas. Denmark claimed exclu- sive control over the former by prescriptive right. As early as 1.310 certain ])rescril)ed tolls were levied upon the Dutch, an attempt to increase which a century afterwards resulted in war. In the seventeenth century Kngland and France contracted to pay the same Sound Dues that the Dutch paid. Tliis continued until about 18.5,5, when an arrangement was made whereby, on the payment of .'{") million rix-doliars (about .$17.- .">00.000), Denmark relincpil^hed her claim to tolls, and agreed to properly jiolicc and protect the passage. The United States' share of the capitalized tariff was .$39.'i.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) entrance through the straits into the Black Sea and navigation thereon was permitted to Russia and Powers friendly to her. But according to the ancient custom all foreign vessels of war had been pro- hibited entrance into the Bosporus ami the Dardanelles, and this inhibition was continued untler the Treaty of London (1841) between Turkey and the five Powers. By the Treaty of Paris of I8.")(! the Black Sea was "neutralized.' but in 1871 Russia secured the abrogation of this provision of the treaty and has the right of main- taining her fleets of whatever size in the Black Sea. Turkey 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 safely. 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 Mowing tlunugh the territory of Christian nations have now been opened by international agreement. By the act of the Congress of Vienna (181.5) declaring free the use of certain streams separating or travers- ing the territory of ilitleront Powers, the Rhine and Sclieldt were opened to navigation. This act also opened most of the other European rivers, except- ing the Danube, which by the Treaty of Bucharest and later by that of Adrianople (1829) was made free for common commercial use to Turkey and Russia. Later by the Treaty of Paris (1850) 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 Jlississippi and refused the United States outlet to the Gulf of Mexico. The Louisiana Territory was subsequently ceded to France, and its purchase by the United .States in 1803 removed the question. The Saint Lawrence was thniwn open to the United States by the reci- procity treaty of 1854 with (Ircat Britain, which also included the reciprocal use of the Upper Lakes and the freedom of Lake Michigan to t'a- 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 1807 declared by Brazil to be open to all nations. The Stikine. Y'ukon. and Porcui)ine rivers of Alaska, rising in British territory, were opened to the subjects of F.ngland and the United States by the Treaty of Washing- ton (1S71). while the Congo and Niger in Africa were opened tinder an agreement for an interna- tional commission provided for by the Congo Con- ference of 1884-85. Consult the authorities re- ferred to under International Law. See also High Seas. NAVIGATION ACT. The name applied to each of a scries of acts, known collectively as 'The Navigation Acts,' passed by the English Parliament, beginning with 1045. for the jiurpose of protecting the sliipping of (Ireat Britain and her colonies, of injuring the shipping of the Dutch, the chief rivals of the English, and of exploiting, for the benefit of England, the com- merce of the English colonies. See Navigation Law.*. NAVIGATION LAWS. The early restric- tion jdaci'd upon commerce was but one phase of the applieatioM of the economic doctrines nd- vo<'ated prior to the time of Adam Smith, |)ro- hiliiting i>x|)orts. regulating intercourse, and gen- erallyobstructing the operation of economic laws. The first recorded British navigation law belonpfs to the reign of Richard IT. (1381). and required the shipment of merchandise by the "King's liege people" in "slii))s of the King's licganee." Sub- se(|uently a more liberal policywas [lursueil. With the discovery of the New World and the conse- quent growth of colonial dependencies, both the importance of navigation laws as a question of