AEGUMENT OF CHARLES B. WAEREN. 1223 



The extracts cited by counsel from Grotius's " De Jure belli ac 

 pacis," lib. II, ch. Ill, sec. 7, reading from Whewell's edition and 

 translation of Grotius, vol. I, p. 259, were : 



" We have begun to speak of the sea ; we must now finish what we 

 have to say on the subject. Rivers may be held as by occupation, 

 though neither their upper or lower extremity be included in the 

 territory, but cohere with superior or inferior water, or with the 

 sea. It is sufficient that the greater part, that is, the sides, are en- 

 closed with banks, and that a river is something small in comparison 

 with the land." 



Section 8. ' By this it appears that a portion of the sea also may 

 be occupied by him who possesses the land on each side ; although it 

 be open at one end, as a bay, or at both, as a strait; provided it be 

 not such a portion of the sea as is too large to appear part of the 

 land. And what is lawful to one people, or kin, seems also to be law- 

 ful to two or three, if they, in like manner, wish to occupy the sea 

 which lies among their dominions. And thus two rivers which flow 

 between two peoples are occupied by both, and thus divided." 



Sir Robert Finlay stated at pp. 2545 of the report of his argu- 

 ment that however great the divergence among waiters as to the size 

 of bodies of water which might be properly considered territorial 



" after all the question comes back to the principle enunciated by the 

 great master and founder of international law, Grotius. He really 

 deals with the matter on principle, in a way which contrasts favor- 

 ably with some of his successors. He says if you have got an inlet 



of that character, having regard to its dimensions and con- 

 737 formation with reference to the lands which surround it, it 



may fairly be considered as territorial, and that was the only 

 established principle at that time, and I shall submit to the Court 

 that it is the only established principle at the present day, although 

 various suggestions of modifications have been made." 



On this " established principle " the learned counsel proceeded to 

 build up a theory of law which he contends is in conformity with 

 the British position in this submission. 



I submit that an examination of Grotius with care will make clear 

 his true meaning. 



What Grotius stated was " that a portion of the sea may be occu- 

 pied by him who possesses the land on each side, although it be open 

 at one end as a bay, or at both, as a strait, provided it be not such 

 a portion of the sea as is too large to appear part of the land." 



In commenting upon rivers this great master of international law 

 said " a river is something small in comparison with the land." 



The counsel for Great Britain did not read a further extract from 

 Grotius which appears in book 2, p. 3, section 13, of Whewell's edi- 

 tion of vol. I, at p. 266. The section reads : 



"The empire of a portion of the sea is, it would seem, acquired 

 in the same way as other lordships: that is, as above stated, as be- 

 longing to a person^ or as belonging to a territory ; belonging to a 

 person, when he ha"s a fleet which commands that part of the sea; 



