Prerogatives conferred thereby.
That this right was not then a barren title may
be assumed from the fact, that it involved mercantile
interests of the most important character, within the
limits named, which were guarded with the utmost
jealousy for centuries. The prerogative claimed by
the crown included, 1st, the royalty of granting the
liberty of fishing for pearl, coral, amber, and all
other precious commodities. 2nd. The power of
granting licences to fish for whales, sturgeon,
pilchard, salmon, herring, and all other fish whatsoever,
as then exercised in Spain and elsewhere.
3rd. The power of imposing tribute and custom on
all merchant ships, and fishermen, trading and fishing
within the limits of the sea, subjected to private dominion,
in the same manner as if enjoying the state's
protection in its dominion on land. 4th. The regular
execution of justice, by protecting the innocent, and
punishing delinquents for all crimes committed
within the limits described, protection being due to
all who paid homage and tribute. 5th. The power
of granting free passage through such sea to any
number of ships of war belonging to any foreign
prince, or of denying the same according to circumstances,
in like manner as foreign potentates may
grant or deny free passage of foreign troops through
their territories by land. This right being exercised
in peace as well as during war, all foreign vessels
whatsoever, whether ships of war or others, navigating
within those seas, and there meeting any
of the ships of war or others bearing the colours of
the sovereign of such seas, "are required to salute the
said ships of war by striking the flag, or lowering,"
as we have just mentioned, "one of her sails, by which
