254 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



any other way, except by the employment of force. These methods of 

 defendiug' iiatioual rights, frequently asserted in time of war, are not 

 so frequently asserted in time of peace, bnt only because the necessity 

 does not so frequently arise. But still they are asserted, and must be 

 asserted, whenever a nation seeks to protect with efficiency her colonial 

 trade from invasion, or her revenue laws against smuggling by citizens 

 of other nations; and must be asserted whenever she wishes to enforce 

 with efficiency in time of contagion her quarantine laws. They must 

 be asserted whenever a case arises in which the rights, or the property, 

 or the well being of a nation are endangered by the acts of citizens of 

 other nations upon the high seas, whether in peace or war. 



liuisnuich as I wish to be precise upon this point, I have drawn up a 

 series of propositions which embrace the views entertained and asserted 

 by the Government of the United States upon this particular subject. 

 And they are these : 



Fh'st. The territory of a nation consists of the land within its dominion and what 

 are commonly called its territorial waters, which embrace interior gulfs, or bays 

 nearly enclosed by its territm-y, but connected with the sea by narrow straits sepa- 

 rated' by headlands, and a narrow belt of the open sea along the shore, of the width, 

 as commonly allowed, of three miles, or a cannon shot. 



Second. The exercise of the sovereign legislative power of the nation is limited to 

 its territory as above described, except in special instances where, for reasons of 

 necessity, a nation may exercise a limited legislative power over neighboring parts 

 of the sea beyond the narrow belt above mentioned. Outside of the territory of the 

 nation its laws, as laws, have, except as above mentioned, no operation or eftect. 

 The ships of a nation, however, are, even when on the high seas, deemed to be a part 

 of its territory. 



Third. Nor can a nation, with the special exception above mentioned, take any 

 action outside of its territory for the purpose of enforcing its laws, or punishing a 

 breach of them. Its writs, or otber processes, or orders of its courts, cannot be law- 

 fully executed outside of its territory. 



Fourth. Two sovereign nations cannot exist together upon the same land. The 

 sovereignty of one must necessarily yield to that of the other. But all sovereign 

 nations may co-exist upon the seas. They may go and be there as individual per- 

 sons npon terms of absolute equality. In legal contemplation they are there when- 

 ever the interests which they are bound to defend, such as their property, their citi- 

 zens, or the property of their citizens, are there. 



Fifth. In the just defence of its existence, or its rights, a nation may employ, 

 anywhere upon the high seas, against those who attack its existence or rights, such 

 force as may be necessary and reasonable. This is a self-evident proposition; for, 

 inasmuch as a nation cannot prevent invasions of its rights upon the high seas by 

 legislation, or by judicial proceedings to enforce legislation, it would be absolutely 

 without means for i)rotecting them, unless it had the power of necessary self-defence. 

 Any suggestion that it might institute civil suits against trespassers in the munici- 

 pal courts of other nations would be to no purpo.se. Such proceedings would be 

 wholly ineffective, and would, besides, not comport with the dignity of the nation. 



Sixth. The action of the officers and agents of a nation in exercising this right of 

 necessary self-defence may, and should, be governed by rules and regulations, which 

 may, according to the internal constitution of a nation, and the distribution of its 

 powers, assume the form of executive instructions, or municipal laws, or rules. 

 Neither are necessary to the exercise of the power. They serve to govern the exer- 

 cise of the power which exists independently of them. In constitutional govern- 

 ments, where the sovereign power is distributed among different departments, such 

 rules and regulations may be necessary. Other governments cannot insist upon 

 tliem. 



Seventh. In the exercise of this power of self-defence the nation is responsible to 

 other nations whose citizens may have suffered from its exercise. If a necessity is 

 shown for its exercise, and the limitations of such necessity have been observed, the 

 act is justified. If otherwise, a wrong has been committed and reparation must be 

 made. 



Eighth. The capture by a belligerent nation of the vessels of a neutral power when 

 found carrying contraband of war or engaged in running a blockade is a familiar 



