1772 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



treaty; because the seaman who takes his way, under his right of 

 innocent passage through territorial waters, is there as of right. But, 

 although he is there as of right, nevertheless the local authority is 

 entitled to charge him for the service rendered in providing light- 

 houses, although, of course, he did not ask for them, and made no 

 bargain about them. But it is treated as part of the understood 

 international law, so far as it is applicable to seamen. 



Grotius goes on to give instances from the Byzantines and what 

 Demosthenes says about it, which I am afraid Mr. Turner would 

 describe as rather obsolete law. 



Then there is Vattel, who says also, with regard to those who claim 

 the passage through straits, that the owner of the land adjacent to the 

 strait has a right 



" to levy small duties on the vessels that pass, on account of the incon- 

 venience they give him, by obliging him to be on his guard." 



I suppose he has got to watch them, to see that they do no harm, 

 and he makes them pay for their own policing, and takes from them 



some small duty, adequate to that purpose. 

 1072 Thus the King of Denmark requires a custom at the Straits 



of the Sound. 



I was unable to find, a moment ago, the passage referring to 

 lighthouses : 



"He has a right to levy small duties ... on accoont of ... the 

 expense he is at in maintaining lighthouses, sea-marks, and other 

 things necessary to the safety of mariners." 



That is purely for the benefit of the mariners. It is for the encour- 

 agement of navigation. It would be impossible, of course, to make 

 a bargain with all the mariners of the world. Such a thing would 

 be impracticable, and therefore it is recognised as a rule of interna- 

 tional law that if such a service is rendered it is just and equitable 

 that those who benefit by it should pay something for it. And of 

 course they pay for it, no matter what treaty rights they have got, 

 or what international rights they have got. The right given by com- 

 mercial treaty to enter a particular port is not accompanied, so fai 

 as I remember, by stipulations that they shall pay light duties or 

 anything of the kind. The light duty is imposed upon them when 

 they have got in. They have the right to come in. under their treaty, 

 but when they have got in, this is recognised as one of the obligations 

 that it is proper they should perform. 



[Thereupon, at 4 o'clock p. in., the Tribunal adjourned until to- 

 morrow, Friday, the 29th July, 1910, at 10 o'clock a. m.] 



