APPENDIX 445 



1818 by comparing it with those which immediately fol- 

 lowed and established the same limit of coastal jurisdic- 

 tion. As a general rule a Treaty of a former date may 

 be very safely construed by referring it to the provisions 

 of like Treaties made by the same nation on the same mat- 

 ter at a later time. Much more so when, as occurs in the 

 present case, the later Conventions, with no exception, start- 

 ing from the same premise of the three miles coastal jur- 

 isdiction arrive always to an uniform policy and line of 

 action in what refers to bays. As a matter of fact all 

 authorities approach and connect the modern fishery 

 Treaties of Great Britain and refer them to the Treaty 

 of 1818. The second edition of KLUBEB, for instance, 

 quotes in the same sentence the Treaties of October 20th, 

 1818, and August 2, 1839, as fixing a distance of three 

 miles from low water mark for coastal jurisdiction. And 

 FIORI, the well-known Italian jurist, referring to the same 

 marine miles of coastal jurisdiction, says: 'This rule 

 recognized as early as the Treaty of 1818 between the 

 United States and Great Britain, and that between Great 

 Britain and France in 1839, has again been admitted in 

 the treaty of 1867.' (Nouveau Droit International Pub- 

 lic, Paris, 1885, Section 803). 



This is only a recognition of the permanency and the 

 continuity of States. The Treaty of 1818 is not a separate 

 fact unconnected with the later policy of Great Britain. 

 Its negotiators were not parties to such international Con- 

 vention and their powers disappeared as soon as they 

 signed the document on behalf of their countries. The 

 parties to the Treaty of 1818 were the United States and 

 Great Britain, and what Great Britain meant in 1818 

 about bays and fisheries, when they for the first time 

 fixed a marginal jurisdiction of three miles, can be very 

 well explained by what Great Britain, the same perma- 

 nent political entity, understood in 1839, 1843, 1867, 1874, 



