390 NEW ENGLAND FISHERIES 



>, 



English publicists employing the term before 1818, and the 

 mention of it in Mr. GALLATIN'S report being insufficient; 

 (&) Because a servitude in the French law, referred to 

 by Mr. GALLATIN, can, since the Code, be only real and 

 cannot be personal (Code Civil, art. 686) ; 



(c) Because a servitude in International law predicates 

 an express grant of a sovereign right and involves an 

 analogy to the relation of a praedium dominans and a 

 praedium serviens; whereas by the Treaty of 1818 one 

 State grants a liberty to fish, which is not a sovereign 

 right, but a purely economic right, to the inhabitants of 

 another State; 



(d) Because the doctrine of international servitude in 

 the sense which is now sought to be attributed to it origi- 

 nated in the peculiar and now obsolete conditions pre- 

 vailing in the Holy Roman Empire of which the domini 

 terrae were not fully sovereigns; they holding territory 

 under the Roman Empire, subject at least theoretically, 

 and in some respects also practically, to the Courts of 

 that Empire ; their right being, moreover, rather of a civil 

 than of a public nature, partaking more of the character 

 of dominium than of imperium, and therefore certainly 

 not a complete sovereignty. And because in contradis- 

 tinction to this quasi-sovereignty with its incoherent at- 

 tributes acquired at various times, by various means, and 

 not impaired in its character by being incomplete in any 

 one respect or by being limited in favour of another terri- 

 tory and its possessor, the modern State, and particularly 

 Great Britain, has never admitted partition of sovereignty, 

 owing to the constitution of a modern State requiring es- 

 sential sovereignty and independence; 



(e) Because this doctrine being but little suited to the 

 principle of sovereignty which prevails in States under a 

 system of constitutional government such as Great Britain 

 and the United States, and to the present International 



