ARGUMENT OF JOHN S. EWART. 1339 



and I believe men of good standing one of them certainly is; the 

 other I do not know so well I venture to read short paragraphs from 

 them. One is " Gould on Waters "John M. Gould, who is well 

 known, not only in connection with this work, which has passed 

 through several editions, but as editor and commentator on " Kent's 

 Commentatories "a man, I believe, generally judged to have been 

 quite competent for that very difficult work. In his last edition, 

 published in 1900, at pp. 9 and 10, he says this : 



; ' The territorial jurisdiction of a State now extends seaward to 

 the distance of three geographical miles; and where bays and inlets 

 are formed by the indentations of the coast, even though they are 

 somewhat broader than the double range of cannon, this external 

 limit of jurisdiction is determined by meaning seaward from a 

 straight line drawn from one enclosing headland to the other. Such 

 inlets and branches of the sea, when sufficiently narrow, and within 

 this line of jurisdiction, may be within the body of the adjacent 

 county." 



The other work that I refer to is that of Mr. Farnham. He seems 

 to be the Yale associate editor of the " Lawyer's Reports Annotated." 

 His work was issued in 1904. It is in three volumes, I think, and at 

 p. 25 of vol. i he says this : 



"A bay lying within the boundaries of a country is a part of it. 

 This is especially true if the entrance is of such a nature that it can 

 be defended from the shore. But the rule is not limited to such bays 

 as have narrow entrances. The reason for the rule and public policy 

 unite in according the title to bays with wider entrances to the owner 

 of the surrounding land. The commerce on it must of necessity be 

 mostly local, and it can be of no advantage to foreigners, except 

 possibly a refuge in time of storm, which would always be accorded 

 to foreign powers; while to throw it open to common ownership 

 would surrender the right of controlling the fisheries, and subject the 

 adjoining country to risk in times of war. Great Britain has always 

 insisted that its jurisdiction extended over all bays and gulfs upon 

 the shores of its territory, whether their mouths were wider than 

 the double range of cannon or not. Other sovereign powers have 

 also claimed title to such bays, and the courts have upheld their 

 claims. They have been generally acquiesced in, and there is no dispo- 

 sition at the present time to question the validity of the claim. The 

 Chesapeake bay, the headlands at the mouth of which are about 12 

 miles apart, the bay itself being not more than 20 miles in width and 

 200 miles in length, is not a part of the high seas, but belongs exclu- 

 sively to the United States. If the entrance is not more than 2 marine 

 leagues wide, the bay is the property of the nation owning the ad- 

 joining shores, even though the distance between the shores may in 

 some portions exceed that extent. In determining the width of the 

 entrance of a bay, the measurement is to be taken from island to 

 island if any lie in the entrance, and not directly from headland to 

 headland." 



At a stormy period of the French Revolution, Sirs, at a time when 

 the laws against riot and assassination were being somewhat roughly 



