602 THE SOVEREIGNTY OF THE SEA 



the shore and no farther. Within the space thus commanded 

 the rights of the state are absolute, both in regard to juris- 

 diction and property, and even to the prohibition of navi- 

 gation. The right of fishery is exclusive, since the products 

 of the sea are not inexhaustible, and the pursuit of them 

 requires to be kept under proper regulation. On this view, 

 therefore, the fisheries of right belong to the neighbouring 

 state up to the limit of gunshot from the coast. 



Other French writers of authority have maintained the 

 same opinion as to the principle for the delimitation of the 

 territorial waters. Thus, Pistoye and Duverdy l state that 

 each Power is able, in a given zone, measured by the range 

 of cannon, to impose its laws and enforce obedience to them. 

 It cannot take bodily possession of the waves, but it can 

 maintain over them direct and constant domination. While 

 there has been much discussion, they say, as to the extent 

 of the territorial sea, the principle upon which its appro- 

 priation rests serves also to determine its bounds, "and it 

 must be acknowledged that the range of cannon from the 

 shore is the only real and true boundary of the sea in ques- 

 tion." 2 No measure, they add, has been generally agreed 

 upon between different nations as to the distance which the 

 range of guns may be supposed to cover; but they think 

 the eyes of experienced officers on the coast may be trusted 

 to judge how far a given spot is within the distance. Still 

 another French author of repute expressed the same view 

 as to the extent of the territorial sea. Masse", in his elaborate 

 work on commercial law in relation to the law of nations, 3 

 pointed to the fact that the arbitrary opinions of the older 

 writers had been rejected, and stated that the real basis of 

 delimitation was the range of guns a distance which he 

 places at " about three miles " ; but he says that this rule is 

 not always followed in practice. Bays and gulfs are declared 

 to be undoubtedly part of the territorial sea, even when 

 they are not capable of being defended from the shore. 



1 Trait^ des Prises maritim.es, i. 93. Paris, 1855. 



2 " La port^e <iu canon, place a terre, est la seule limite re'elle et vraie des mers 

 territoriales." 



' 3 Le Droit commercial dans ses rapports avec le Droit des Gens ct le Droit Civil, 

 Paris, 1844-47, torn. i. Liv. ii. tit. i. c. i. es. 103-105. 



