134 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Every nation is thus free to establish an inspection and a police over its coasts as 

 it pleases, at least where it has not bonud itself by treaties. It can, according to 

 the particular conditions of the coasts and waters, tix the distance correspondingly. 

 A common usage has established a cannon shot as the distance wliich it is not per- 

 mitted to overleap, except in the exceptional case, a line which lias not alone received 

 the approval of Grotius, IJyukershok, Galiana, and Kluber, but has been confirmed 

 likewise by the laws and treaties of many of the nations. 



Nevertheless we can maintain further with Vattel that the dominion of the state 

 over the neighboring sea extends as far as it is necessary to insure its safety, and as 

 far as it can make its power respected. And we can further regard with Rayneval 

 the distance of the horizon which can be fixed upon the coasts as the extreme limit 

 of the measure of surveillance. The line of the cannon shot, which is generally 

 regarded as of common right, presents no invariable base, and the line can be fixed 

 by the laws of each state at least in a provisional way. (Heliter, Int. Law, Sees. 

 74-75.) 



Bluutcchli says (Int. Law, Book iv, sec. 322) : 



The jurisdiction of the neighboring sea does not extend further than the limit 

 judged necessary by the police and the military authorities. 



And section 342: 



Whenever the crew of a ship has committed a crime upon land or within water 

 included in the territory of another state and is pursued by judicial authorities of 

 such state, the pursuit of the vessel may be continued beyond the waters which are 

 a part of the territory, and even into the open sea. 



And in a note he says : 



This extension is necessary to insure the efficiency of penal justice. Tt ends with 

 the pursuit. 



Carnazza-Amari, after citing from M. Calvo the passage quoted above 

 says: 



Nevertheless states have a right to exact that their security should not be jeopard- 

 ized by an easy access of foreign vessels menacing their territory; they may see to 

 the collection of duties indispensable to their existence, which are levied upon the 

 national and foreign produce, and which maritime contraband would doubtless 

 lessen if it should not be suppressed. From all these points of view it is necessary 

 to grant to each nation the right of inspection over the sea which washes its coasts, 

 within the limits required for its security, its tranquillity, and the protection of its 

 wealth. . . . States are obliged, in the interest of their defence and their exist- 

 ence, to subject to their authority the sea bordering the coast as far as they are able, 

 or as far as there is need to maintain their dominion by force of arms. . . 



It is necessary to concede to every nation aright of surveillance over the bordering 

 sea within the limits which its security, its tranquillity, and its wealth demand. . . . 

 Balde and other anthorities place the line at 60 miles from the shore. Gryphiander 

 and Pacuinez, at 100. Locennius, at a point from which a ship can sail in two days. 

 Bynkersheck maintains that the territorial sea extends as far as the power of artil- 

 lery. This limit is regarded as the correct one, not because it is founded on force, 

 but because it is the limit necessary for the safety of the state. 



One other case I will cite upon this point, and that is the Case of 

 Manchester v. Massachusetts, in the 13th United States Supreme Court 

 Eeport; and the law on tliis subject is so well stated by Mr. Clioate in 

 his argument, that we have cited his language as well as the opinion 

 of the Court which sustained his contention. It is page 151 of the 

 argument and the report is at page 240 of the 139th Supreme Court 

 Eeports. 



Without these limits were the " high seas", the common property of all nations. 

 Over these England, as one of the conunon sovereigns of the ocean, had certain 

 rights of jurisdiction and dominion derived from and sanctioned by the agreement 

 of nations expressed or implied. 



Such jurisdiction and dominion she had for all purposes of self-defence, and for the 

 regulation of coast fisheries. 



The exercise of such rights over adjacent waters would not necessarily be limited 

 to a 3-mile belt, but would undoubtedly be sanctioned as far as reasonably necessary 

 to secure the practical beueiits of their possession. If self-defence or regulation of 

 fisheries should reasonably require assumjition of control to a greater distance than 

 3 miles, it would undoubtedly be acquiesced in by other nations. 



The ..uirine league distance has acquired prominence merely because of its adoption 



