240 ORAL ARGUMENT OF JAMES 0. CARTER, ESQ. 



upon tlieso particular subjects, without recognizing tlie fact that they 

 are designed to apply to the citizens of all nations, and are actually 

 enforced against the citizens of all nations. What is the implied asser- 

 tion upon -Nvhicli such legislation is founded'? Why, that the state has, 

 by the operation of its rules and regulations, created a luitional indus- 

 try in respect to those fisheries, oysters, pearls, and coral, Avhich it is 

 justified in protecting against invasion by the citizens of other nations, 

 although these fisheries are situate on the high seas. 



The Tresident. That does not seem to have been the contention. 

 It was founded ratlier upon the right of occu])ation. 



My. Carter. Well, I am going to discuss the ground ni)on which 

 the counsel for Great Britain put it, but they assert that there is a 

 right to i>rotect, against the invasion of other nations, products of the 

 sea outside the three mile limit. I know they seek to base that upon 

 a right of property in the land at the hoftom. I contend that a nation 

 has a right to establish an industry of that sort and ])rotect it against 

 the invasion of other nations, irrespective of any right of property in 

 the bottom. They suggest reasons upon whi(;h tlieir asserted right of 

 property is founded. 1 am going to iniiuire into the validity of these 

 reasons. Tliey say it is 'A property right to tlie bottom, and that it exists 

 wherever the bottom may be occupied, and does not exist where the 

 bottom cannot be occupied. Well, that amounts to this, then, that 

 wherever a nation can occupy the bottom, although outside the territo- 

 rial limits, it may rightfully occupy it and exclude other nations from 

 it. But how can you occui)y the bottom of the sea! Well, you can 

 occupy it only by taking such possession as is possible. You can buoy 

 it where you can reach the bottom, and establish a naval force and 

 exclude the citizens of other nations from it; and that is all the occu- 

 pation of the bottom that you can effect. The assertion on the part of 

 my learned friends is, that wherever you can take such i^ossessiou of 

 the bottom, yon can exclude other nations from it. Now tliat goes much 

 further than the argument of the United States, no i)art of which sup- 

 ports a general riglit to thus occupy the sea outside the three-mile 

 limit. We do not assert any such riglit, nor do we suppose that any 

 such right exists; but that is their assertion; and if it be true, you can 

 take possession of the bottom of the sea anywhere; and if there is any 

 particular piece of coast otf Great Britain, iwenty nn'Ies away, where 

 the bottom can be easily reached, and which is a particularly favorable 

 place for carrying on a. cod tislu-ry or a herring fishery. Great Britain 

 can take possession of it and exclude the rest of mankind from it. If 

 this bottom theory, upon which they put themselves, has any validity 

 or foundation, that can be done. If the right to establish the industry 

 rest upon an ability to occupy the bottom, then you can establish one 

 wherever you can reach bottom; and if you can establish it in one 

 place, you can establish it in another. I do not suppose it is possible 

 to defend any right like that over the high seas. 1 do not supi)Ose it is 

 possible to defend any such right as that over the fisheries of the seas. 

 There must be some otlier principle which may be called into play. 



These rcgulalions are found in the cases of oyster beds, coral beds, 

 beds where the pearl lishery is carried on, beds which are found in a 

 certain proximity to the coast of a country, and which can be worked 

 more conveniently by the citizens of that country than any other. AVe 

 find that the industiies are confined to such instances, and in those 

 instances we find rules and regulations passed for the purpose of secur- 

 ing the products of the seas, and designed to make tliem more regular 

 and abundant. Tliose are the cases in which it can be done, and in 



