Public treaties relative to fisheries.

minions. This has been done by the different states of Europe, who forbid the use of nets, injurious to the multiplication of fish. (264) Almost all nations have, in this respect, special laws to regulate fishing, and particularly to prohibit, or allow it to foreigners. Hence, public treaties have been made on this subject, for the benefit of nations; such as that in 1456, between Henry VII. and Philip, archduke of Austria. The English and Dutch, in like manner, are allowed to fish in the seas of Denmark and Norway: and a convention has been entered into between France and England, to fix the times and places of fishing. As to the pretended right of the states-general, mentioned in the first chapter, article V. to take fish on the coasts of the British isles, it has always been a subject of dispute between England and Holland.(265)

9. The liberty of fishing is subordinate to that of navigation, because the interests of mankind render the latter necessary to all, while the former concerns only a small number of persons who are devoted to it. For this reason, in the latter periods of the Ro

(264) See my discourse, on marine fisheries, read at the public sittings of the academy at Marseilles, the 25th July, 1802.

(265) Ordonnance de Franee, underthe titles, du Rivage, des Parcs, et des Madragues, and Valin's Commentaries. Selden, Mare Clausum, lib. 2, cap. 21. Stypman. Jus marit. cap. 4, n. 11. Sixtinus de Regaliis, lib. 2, cap. 18. Rousset, Interêts des Prince, p. 322.

Fishermen must not obstruct navigation.

man power, it was prohibited, by an edict of the prætor, to erect any establishment in the sea, or on the shores, which might injure, or obstruct navigation.(266)

10. The general usage on this subject, is in direct conformity with the Roman laws. All fishermen on the sea, are obliged to take care not to create any impediment to the passage of vessels by their nets, seines, and fishing machines, under the penalty of being condemned to make good all damages.(267)

(266) Leg. 5, § 17, lib. 43, tit. 12. Digest, de fluminibus. Leg. 3. Dig. ib. nequid in loco publi.

(267) Dig. lib. 43, tit. 14, § 3 et 7. Ut in flumine publ. navig. lice. Leg. 24. Dig. de Damno infecto. Capitoli del Re. D. Pedro d'Arragone, dei 22. November 1340, § 24. Ordon. de France, art. 2, tit. du Rivage, art. 11, 12, et 13, tit. des Parcs, art. 3, 4, et 8, tit. de Madragues, and Valın's Commentary. Stracca, de Naviga. n. 10. Capella de Servit. rustic. præd. cap. 27. Stypman. de jure marit. cap. 5, n. 31. Targa, Pond. Marit. cap. 4, n. 11.

CHAPTER IV.

OF THE ORIGIN AND PROGRESS OF

MARITIME LAW.

ART. I.

Of Commerce and Navigation, as sources of maritime Legislation.

§ 1. THE force of public and universal opinion, which, in the first ages of the world, made all nations warlike, compelled them, in the sequel, to become commercial. Agriculture, commerce, and the genius of industry, at length united to engross the empire of talents. The love of conquest, succeeded by the spirit of chivalry, has been followed by the love of peace. From that period, legislators, more just and more humane, have respected the lives and tranquillity of the people. Mankind began to abate their natural ferocity, and to temper that impetuous ardour which impelled them to extend the bounds of their dominion. An universal shock was necessary to Europe, that, at the sight of so many contrasts, it might learn the theorems of political economy, essential to public happiness.(268)

(268) Montesquieu, Esprit des Loix, liv. 20, ch. 1, liv. 21, ch. 11.

Importance of commerce, and its beneficial effects.

2. The enterprising genius of man found a favourable occasion to direct itself towards political interests, and it thenceforth became more bold and energetic, though the means of enriching itself appeared more difficult and dangerous.

3. The nations of Europe saw that commerce was the only means of maintaining the glory and safety of the state. At this period, commerce was placed in the rank with other sciences, and the history of the progress of civilization, knowledge, and the arts, which is that of commerce, was regarded as an essential part of the history of empires, and as comprehending a subject the most extensive and the most interesting to mankind. Great states soon placed all their strength in commerce, as the support of their glory. Governments settled their finances on a foundation more just and secure; trade became a source of wealth to individuals, the basis of family establishments, and the only means of living in ease and splendour. So that commerce, now become the necessary occupation of most nations, has been the only means by which they have attained that height of prosperity and power which they enjoy.(269)

(269) "Commerce," says M. Vital Roux, in his excellent work, entitled, De l'influence du Gouvernement sur la prosperité du Commerce, p. 11, "supports and vivifies all the branches of industry; "it sends abroad the productions of the nation, to exchange them "for new riches; it cherishes the enthusiasm of the artist, while it "enriches and facilitates the discoveries of the learned."

Futility of the reasoning of philosophers against commerce.

4. Let us leave to pseudo-philosophers, to modern declaimers, who wish to plunge mankind again into that barbarism from which they have emerged by the aid of commerce, to affirm that it destroys morals and the political strength of nations; and that the vices attached to prosperity, have supplanted those virtues, and inestimable benefits, which result from the simplicity and poverty of an uncommercial people. The illustrious author of Telemachus has prepared an answer to these absurdities. "The Tyrians," says he, " are industrious, patient, laborious, sober, and economical; their police is "exact, and the most perfect harmony exists among "them. No people were ever more sincere, faithful, courteous, and obliging to strangers. Such "are the means, without seeking for other causes,

by which they have acquired the empire of the "sea, and rendered the commerce of their port "so extensive, and flourishing. If jealousy and "faction should arise amongst them, if they should "become addicted to pleasure and idleness; if they "should sink into effeminacy; if the great should

Huet is mistaken, or too fond of antithesis, when he says that the ancients assigned commerce by land to the golden, and maritime commerce to the iron age, as actuated solely by avarice, and carried on by an unconquerable temerity. The learned M. Peuchet, in the preliminary discourse to his Geographique commercante, replies to this observation in the following terms: "Navigation is "not originally the effect of avarice; it arises from curiosity, and "commerce has turned to profit, this almost miraculous means of "communication between different nations."