CHAPTER VII. DISCOVERY. ARTICLE 70. Right of discovery. 71. Authority. 72. Ratification. 73. Right of possession. 74. Its exercise, how manifested. 75. Limits of continental discovery. 76. Abandonment of right of possession. Right of discovery. 70. Every nation has the right to search for new territory. Authority. 71. Authority to search for new territory which shall inure to the benefit of a nation, may be conferred by it on the members of any nation whatever, by a previous authorization or by subsequent ratification.' Without such authority, a discovery made even by a member of the nation confers no right upon it. 1 Heffter, § 70, subd. III., p. 142, and note 4. 2 A contrary doctrine has been contended for by the United States, but without sufficient ground. 1 Phill. Int. Law, § CCXXXV., p. 250; Heffter § 70, subd. III., p. 142, and note 4; Bluntschli, § 279. Ratification. 72. A discovery not previously authorized by the nation cannot be subsequently ratified by it, to the prejudice of any other nation, without the consent of the latter. Right of possession. 73. The nation, under whose authority a discovery of territory is made, has the right to take possession of it as a part of its territory. See Johnson v. McIntosh, 8 Wheaton's U. S. Sup. Ct. Rep., 543; Worcester o. Georgia, 6 Peters' U. S. Sup. Ct. Rep., 515; 3 Kent's Com., 378; 1 Id., 178, and note. The individual discoverer has a prior right, as against other individuals, only to so much of the soil as he actually occupies and uses. American Guano Company v. United States Guano Company, 44 Barbour's (New York,) Rep., 23. Its exercise, how manifested. 74. The intent to exercise the right of possession can be manifested only by an actual beneficial occupation. 1 Phillimore's Intern. Law, § CCXLVIII.; Bluntschli. Droit Intern. Codifié, 278. Limits of continental discovery. 75. If the discovered territory is a continental seacoast, or any part of it, possession thereof is deemed to extend into the interior, to the sources of the rivers emptying within the discovered coast, to all their branches, and the territory watered by them. 5 American State Papers, 327–329. See to the contrary, Bluntschli, § 282. Abandonment of right of possession. 76. The right of possession is deemed abandoned when the intent to exercise it is not manifested within twenty-five years after the discovery. + 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. 46 66 "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 continents of Europe, Asia, and America are, in every part, under the dominion of established government, and are not subject to colonization or settlement, in any portion thereof, except with the consent of such government. Gardner's Institutes, p. 24, § 12. Right of pre-emption. 79. The nation first exercising the right of colonization acquires thereby the right of first purchase from the native inhabitants. Whenever an uncivilized community has an established government, that government is to be respected by civilized governments so far at least, as that in the first instance intercourse with its people is to be sought through such government, and redress for injuries from any of them is to be demanded of it. 1 Phillimore's Intern. Law, § CCXLIII. Compare Bluntschli, Droit Intern. Codifié, §§ 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: 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. 2 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 |