legitimate, that it be accompanied by a formal declaration, and that it be followed by effective possession.

39. A territory seized during war, and not restored at the conclusion of peace, becomes of right the property of the conqueror, and the title by conquest becomes in effect a title by cession.

40. A simple grant of territory, or a simple declaration of intention to possess it, or an occupation subsequently interrupted or abandoned, gives no right of property over the same

41. The effective occupation of part of a territory, with the intention of total occupation, will involve the occupancy of the whole territory.

42. The right over a territory includes the right of using it as well as the right of adding to it. It includes the right of admitting any one to it and of excluding any one from it, the right of keeping it and the right of disposing of it.

43. Territorial sovereignty extends over both land and water within the territory, as well as over the natural increment of the land, as far as it can be defended from land, or as far as cannonshot reaches.

44. Islands formed by alluvion belong to the lands which have contributed to their formation. When near the mainland, Islands are its natural dependencies; when at a sufficient distance, the right to an Island follows the same rules as in the case of any other territory.

The Anna, 5 Rob. Rep. 332.

45. The right of a State to its waters includes right to its seas, rivers, and canals.

46. A river flowing within the State is under the sovereignty of the same.

47. A river forming the frontier of several States is the common property of all, their respective frontiers being an ideal line in the midst of the river.

The right to the use of the whole river or bay for navigation is an easement or servitude common to both nations. The Tame, 3 Mason's U.S. 147.

48. The right of navigation in a river traversing several States is an imperfect right in many cases rendered perfect by special Treaties.

At the Congress of Vienna, it was decided that the navigation of rivers separating or traversing several

States shall be free from the point where they become navigable up to their mouth. The freedom of navigation of the Rhine was agreed to by the Congress of Vienna of 1815; of the Scheldt, Main, Meuse, Moselle, Neckar, by the Treaty of Westphalia of 1648; of the Elbe, by the Treaty of June 22, 1861; of the Po, by the Treaty of June 3, 1849, between Austria, Parma, and Modena; of the Vistula, by the Treaty between Prussia and Russia, 1815; of the Scheldt, by the Treaty between Belgium and Holland, 1839; of the Danube, by the Treaty of Bucharest of 1812, the Peace of Adrianople of 1829, the Treaty between Austria and Prussia of 1840, the Treaty of Paris of 1856, and the Public Act of 1865; of the Mississippi, by the Treaty between Great Britain and the United States of 1785; of the St. Lawrence, by the Treaty between England and the United States of 1854; of the Uruguay, by the Treaty between Brazil and the Oriental Republic of 1851; of the Paraguay, by the Treaty between Paraguay, France, and England of 1853, as well as by that between Brazil and the Argentine Republic of 1857; of the Amazon, by the Treaty between Brazil and Peru of 1851; of the Congo and Niger, by the International Treaty of 1885.

49. Where there is no Treaty for the free navigation of a river bordering on two States, the first who establishes a dominion over one of its banks would be held to have appropriated the

river also. Where there is difficulty in settling which State was the first, the dominion of each will extend to the middle of the river.

50. The right of navigating a river includes all the accessory rights of anchoring or fixing ships at the shore or islands which are within it, as well as of loading and discharging merchandise.

51. Territorial sovereignty extends over arms of the sea, such as bays, gulfs, and estuaries, provided they are enclosed; over ports, whether open, free, or closed; over mouths of rivers and adjacent parts of the sea enclosed by headlands.

Colchester v. Brooke, 7 Q. B. 339.

52. Territorial waters include such parts of the sea adjacent to the coast as are within one marine league of the coast measured from lowwater mark.

53. Seas enclosed by lands are within the jurisdiction of the Countries within which they are situated.

54. A State may lose its territory or any part thereof by abandonment, by destruction, by transfer, or by conquest.

CHAPTER III.

THE STATE AND ITS SUBJECTS.

55. THE State acts by its chief ruler or by such authorities as its constitution may determine. Whilst the attribute of sovereignty belongs to the State, the laws and customs of each Nation designate the power in the State in whom such sovereignty is to vest, and by whom it shall be exercised.

In the United Kingdom all sovereignty vests in the Queen, acting through her Ministers in Council, responsible to Parliament. In the United States of America the Executive Power is vested in the President, acting by and with the consent of the Senate. By the Constitution of the German Empire the Emperor represents the Empire internationally, declares war and concludes peace in the name of the Empire, enters into alliances with foreign Powers, as well as accredits and receives Ambassadors. And by the revised Federal Constitution, the supreme Executive authority