and to do as he chooses, without being constrained by another to do
otherwise.
Chapter LXIV.
The Jurisdiction of Nations; their mutual Rights and Obligations; the
Rights of Embassadors, Ministers, &c.
Sec.1. The seas are regarded as the common highway of nations. The main
ocean, for navigation and fishing, is open to all mankind. Every state,
however, has jurisdiction at sea over its own subjects in its own public
and private vessels. The persons on board such vessels are protected and
governed by the laws of the country to which they belong, and may be
punished by these laws for offenses committed on board of its public
vessels in foreign ports.
Sec.2. The question how far a nation has jurisdiction over the seas
adjoining its lands, is not clearly settled. It appears to be generally
conceded, that a nation has a right of exclusive dominion over navigable
rivers flowing through its territory; the harbors, bays, gulfs, and arms
of the sea; and such extent of sea adjoining its territories as is
necessary to the safety of the nation, which is considered by some to be
as far as a cannon shot will reach, or about a marine league.
Sec.3. It is the duty of a nation in time of peace, to allow the people of
other states a passage over its lands and waters, so far as it can be
permitted without inconvenience, and with safety to its own citizens. Of
this the nation is to be its own judge. The right of passage is only an
_imperfect right_, because the obligation to grant the right is an
_imperfect obligation_. (Chap. LXIII, Sec.15.)
Sec.4. In general, it is the duty of a nation to allow foreigners to enter
and settle in the country. On being admitted into a state, the state
becomes pledged for their protection, and they become subject to its
laws; and in consideration of the protection they receive, they are
obliged to aid in defending it, and in supporting its government, even
before they are admitted to all the rights of citizens.
Sec.5. But no state is bound to shelter criminals fleeing into it from a
foreign state. They can be tried only in the state whose laws they have
violated. It is therefore the duty of the government to surrender a
fugitive on demand of the proper authorities of the state from which he
fled, if, after due examination by a civil magistrate, there shall
appear sufficient grounds for the charge. The surrender of criminals is
sometimes provided for in treaties.
Sec.6. The rule whic
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