1212 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



canals of the country which connect with the sea, (2) ports, and 

 harbors, either artificial or natural, which give access to the port. 



" Some nations, by an extension of their rights over the littoral 

 sea or for other reasons and under particular circumstances, have 

 arrogated to themselves the sole right of domain over certain por- 

 tions of the high seas. Thus, Great Britain under the name of Kings 

 Chambers assumed exclusive right of dominion over bays situated 

 between two headlands." 



Ortolan, "Diplomatic de la Mer," vol. I, p. 152; United States 

 extract, p. 2: 



" We must classify under the same heading as roadsteads and, ports, 

 gulfs and bays and all other indentations known by other denomina- 

 tions when these indentations made in the land of a single state do not 

 exceed in width the double range of cannon or when the entrance 

 may be controlled by artillery or when it is naturally defended by 

 islands, banks, or rocks. In all of these cases it may truly be said 

 that these indentations or bays are within the power of the state 

 which is mistress of the territory which surrounds them." 



Hautefeuille, "Des Droits et des Devoirs des Nations neutres," 

 first published in 1848, citing from edition of 1868, p. 57; United 

 States extract, pp. 3 and 4: 



" The sea is absolutely free except the waters washing the coast. 

 These waters are part of the domain of the adjacent state. The rea- 

 sons for this exception are: First, that these portions of the ocean 

 are susceptible of a continuous possession; second, that the people 

 which possess them may exclude others from them ; third, that in the 

 interests of its security and the preservation of the advantages de- 

 rived from the territorial sea, it must establish this exclusion. These 

 causes known, it is easy to fix the limitations. The maritime do- 

 minion ends where continuous possession ends, where the proprietary 

 state can no longer exercise its power, at the place at Avhich it can no 

 longer exclude foreigners and finally at the place where, their 

 presence no longer endangering its security, it no longer has any 

 interest in excluding them. 



" Now, the point at which the three causes which make the sea sus- 

 ceptible of private possession ceases is the same for all ; it is the limit 

 of its power represented by instruments of war. The space covered 

 by projectiles discharged from the shore protected and defended by 

 the power of these engines is territorial domain, and subjected to the 

 domain of the master of the shore. The greatest range of cannon 

 placed on shore is actually, therefore, the limit of the territorial sea. 



"The seacoasts do not present a straight and regular line. They 

 are on the contrary almost always cut by bays, capes, etc. If the 

 maritime domain were always to be measured from every point of the 

 coast, great inconveniences would result. Thus it is agreed by usage 

 to draw an imaginary line from one headland to another and to take 

 this line as the point of departure for the range of cannon-shot. 

 This method adopted by almost all states, applies to small bays only 

 and not to gulfs of wide extent like the Gulf of Gascogne and Gulf 

 of Lyon, which in fact are great portions of sea entirely open and 

 whose complete assimilation to the high sea it is impossible to deny." 



