ABGUMENT OP CHARLES B. WARREN. 1211 



" Section 40. What has been said about rivers and lakes [that they 

 are the property of the state] is equally applicable to straits and 

 gulfs; above all to those which do not exceed the ordinary width of 

 rivers or the double range of cannon. 



" Likewise, a nation may assume an exclusive right over those 

 neighboring portions of the sea (mare proximum) susceptible of con- 

 trol from the shore. Different opinions have been expressed upon 

 the distance to which the rights of the master of the shore extend. 

 All nations of Europe to-day agree that the rule is that straits, gulfs, 

 and the adjacent sea belong to the owner of the shore, at least as far 

 as the range of a cannon placed on the shore. A number of treaties 

 have adopted the more extended principle of three leagues." 



"Section 41. Can a nation acquire an exclusive right over rivers, 

 straits, gulfs too wide to be covered by a cannon-shot fired from the 

 shore, or over parts of an adjacent sea which exceed the range of 

 cannon or even the distance of three miles ? No one doubts that such 

 an exclusive right could be acquired against an individual state 

 which consents to recognize it." 



Kliiber, " Droit des Gens," first published in 1809, citing from 

 edition of 1874, sees. 130 and 131; United States extract, pp. 1 

 and 2 : 



" Within the maritime territory of a state are included those mari- 

 time districts or regions susceptible of exclusive possession, over 

 which the state has acquired (by occupation or convention) and 

 retained sovereignty. To these districts belong: .... (2) Those 

 parts of the ocean which extend into the continental territory of a 

 state, if they can be commanded by cannon from the two shores, or 

 the entrance of which may be forbidden to vessels; that is, gulfs, 

 bays, and creeks." 



Heffter, " Le Droit International de 1'Europe," French edition of 

 1883, sees. 75 and 76 ; United States extract, pp. 1 and 2 : 



" Common usage has established the range of cannon as the dis- 

 tance within which it is not lawful to trespass except in excep- 

 tional cases; a line of limitation which not only has obtained 

 730 the support of Grotius, Bynkershoek, Galiani, and Kliiber, 

 but has likewise been established by the laws and regulations 

 of many nations. However, we may still maintain, with Vattel, 

 that the domination of a state over the neighboring sea extends as 

 far as necessary for its safety and as far as it can enforce respect. 

 We may, with Rayneval, regard the distance of the horizon from the 

 shore as the extreme limit of measures of surveillance. The line of 

 the range of cannon shot although considered the common rule does 

 not present an invariable standard and may be fixed in miles by the 

 laws of each state, at least provisionally. Formerly it was made two 

 leagues. Now it is considered ordinarily as three marine miles. 



"Section 76" page 174- " If the maritime waters of the coast are 

 deemed to belong to the adjacent state, it follows with greater reason 

 that the maritime waters situated inside this portion of the sea ought 

 to be considered within the domain of the adjacent state, which at 

 the same time can guard or forbid access to it and effectively main- 

 tain an exclusive power and control over it. Such are (1) artificial 



