ARGUMENT OF CHARLES B. WARREN. 1227 



should be on every side more than three miles," and " even though the 

 center " of this body of water " may be in some places at a greater 

 distance than three miles from either shore" have reference to the 

 center of the line drawn from shore to shore, and assumes that even 

 if the center of this line be at a greater distance than 3 miles from 

 either shore, nevertheless the bay is territorial. 



I submit that the learned counsel for Great Britain has entirely 

 misconstrued the citations from these two authors, Galiani and Azuni. 

 What these authors plainly stated is that provided the approach to 

 a body of water, the territory surrounding which is possessed en- 

 tirely by one State, may be defended, as they express it themselves, 

 then whatever may be the inner extent of that body of water, as stated 

 by Galiani, " even if the distances from the middle of this " body 

 of water " to the surrounding coast should be on every side more 

 than three miles," and, as stated by Azuni, " even though the cen- 

 ter " of this body of water " may be at some places at a greater 

 distance than three miles from either shore," nevertheless, the body 

 of water is territorial. 



If this were not true, why should these writers use the expressions 

 which I have just quoted, and especially the expressions " to the sur- 

 rounding coast should be on every side " and " in some places " 

 that is, within the body of water " at a greater distance than three 

 miles from either shore ? " 



It is necessary, to a correct understanding, to read in connection 

 with one another these extracts from Azuni's work on the maritime 

 law of Europe. The citations are to the American edition of 1806, 

 vol. I, pp. 221 and 222; 205 and 206; and 225. A portion of these 

 extracts only appear in the British extract, pp. 3 to 6, inclusive. 



Masse, a writer on commercial law, is cited by the distinguished 

 counsel for Great Britain at p. 256 of the report of his oral argument. 



In section 105, to be found on p. 2 of the extract submitted by 

 counsel for Great Britain, this author clearly expresses the view that 

 the range of cannon-shot "measures the extent of the territorial 

 power and assigns its limits. This distance is about three miles." 



Then the author goes on to say, as stated by Sir Robert Finlay : 



"However, in practice this logical rule is not followed. Each 

 nation determines for itself a certain distance in the sea within which 

 it exercises its authority and which constitutes the territorial sea 

 for those who admit this delimitation." 



The United States does not dispute that if a nation asserts juris- 

 diction over a body of water indenting its territory and secures the 

 acquiescence of other States in such assertion, such water becomes a 

 part of the territorial waters; a part of the maritime jurisdiction of 

 that nation. 



