ARGUMENT OF CHARLES B. WARREN. 1215 



tier of each country. All the space within this line comes, ipso facto, 

 under the jurisdiction of the state to which it belongs, and the sea 

 between this line and the shore is called territorial waters." 



"Section 367. Gulfs and bays protected either naturally by islands, 



sand bars, or rocks, or by the cross fire of guns placed on each side of 



their entrances, belong to the territorial sovereignty adjoining." 



732 Th. Funck-Brentano and Albert Sorel, " Precis du Droit des 

 Gens." first published in 1877, citing from edition of 1900, 

 p. 375 ; United States extract, p. 1 : 



"As all seas which are not under soverignty are free seas, it suffices 

 to distinguish the one from the other, to determine those which are 

 under sovereignty. 



" Bays, gulfs, mouths of rivers, and in general all parts of the sea 

 which wash the territory of a State are embraced under the name 

 * territorial sea,' and are considered as constituting part of the State. 

 The territorial sea is, in reality, only a prolongation of the frontier 

 of the State. The limits are necessarily varying and uncertain. 

 We cannot apply to them the procedure by means of which the con- 

 tinental frontiers of States are fixed, but the motives which have led 

 States to consider the territorial sea as placed under their jurisdic- 

 tion have also established its extent. It is because the State, with 

 the force which it commands on its territory, may safeguard, defend, 

 and enforce respect over this part of the sea, and because it is con- 

 sidered as an extension of the territory." 



Ferguson, " Manual of International Law," voL I, pp. 396 and 

 397: 



" To the maritime domain belong : 



******* 



" 3. Those bays and gulfs whose shores and surrounding islands, 

 shoals and head-lands are in legal possession and occupation of one 

 and the same State, provided the distance intervening between the 

 hep.d-lands and enclosing shoals and islands is such as to enable bat- 

 teries, established on the land, to control the passages to and the navi- 

 gation of the inner waters, or otherwise does not exceed ten nautical 

 miles (of 60 in the equatorial degree). These are termed closed bays, 

 the entrance being regarded as defensible from the shore, in contra- 

 distinction from those of greater width, which are regarded as open 

 territorial waters." 



Pradier-Fodere, " Traite du Droit International Public," vol. II, 

 sec. 662; United States extract, pp. 11 and 12: 



"The rule generally expressed and moreover observed by all states 

 is that bays and gulfs are unquestionably a part of the territorial sea 

 unless they have such an extent that it 'is impossible to defend their 

 entrance from the shore. All the curvatures surrounded by the lands 

 of a single state when their width does not exceed the double range 

 of a cannon shot or when their entrance may be controlled by artillery, 

 or when they are naturally defended by islands, lakes, or rocks, are 

 considered as constituting a part of the adjacent state and as acces- 

 sories to the land 



92909 S. Doc. 870, 61-3, vol 10 21 



