134 ARGUMENT OF THE UNITED STATES. 



which it is assailed by the Canadians in the manner complained oil 

 When this point is determined, all the dispute that has arisen in this 

 case is disposed of. 



The principle of law last stated is not only asserted, without con- 

 tradiction, by the authoritative writers upon international jurispru- 

 dence, but has been acted upon, with the assent of all nations, in every 

 case that has arisen in civilized times, within the conditions above 

 stated. And upon that tenure is held and controlled to-day, by nations 

 whose borders are upon the sea, all similar property, of many descrip- 

 tions, that under like circumstances is known to exist. 



Says Puffendorf (Law of Nature and Nations, book 4, chap. 5, sec. 7) : 



As for fishing', though it hath much more abundant subject in the sea 

 than in lakes or rivers, yet 'tis manifest that it may in part be ex- 

 hausted, and that it all nations should desire such right and liberty 

 near the coast of any particular country, that country must be very 

 much prejudiced in this respect; especially since 'tis very usual that 

 some particular kind of fish, or perhaps some more precious commodity, 

 as pearls, coral, amber, or the like, are to be found only in one part of 

 the sea, and that of no considerable extent. In this case there is no 

 reason why the borderers should not rather challenge to themselves 

 this happiness of a- wealthy shore or sea than those who are seated at 

 a distance from it. 



Says Yattel (Book 1, chap. 23, sec 287, p. 120): 



The various uses of the sea near the coasts render it very susceptible 

 of property. It furnishes fish, shells, pearls, amber, etc, ; now in all 

 these respects its use is not inexhaustible. Wherefore, the nation to 

 whom the coasts belong may appropriate to themselves, and convert 

 to their own profit, an advantage which nature has so placed within 

 their reach as to enable them conveniently to take possession of it, in 

 the same manner as they possess themselves of the dominion of the laud 

 they inhabit. Who can doubt that the pearl fisheries of Bahrein and 

 Ceylon may lawfully become property? And though, where the catch- 

 ing of fish is the only object, the fishery appears less liable to be 

 exhausted, yet if a nation have on their coasts a particular fishery of a 

 profitable nature, and of which they may become masters, shall they 

 not be permitted to appropriate to themselves that bounteous gift of 

 nature as an appendage to the country they possess, and to reserve to 

 themselves the great advantages which their commerce may thence 

 derive, in case there be a sufficient abundance of fish to furnish the 

 neighboring nations? * * * (Sec, 288.) A nation may appropriate 

 to herself those tilings of which the free and common use would be prej- 

 udicial or dangerous to her. This is a. second reason for which govern- 

 ments extend their dominion over the sea along their coasts, as far as 

 they are able to protect their right. 



Another suggestion is pertinent to the question. 

 The whole herd owes its existence, not merely to the care and protec- 

 tion, but to the forbearance of the United States Government within its 



