K 



BEIEF ON BEHALF OF HER MAJESTY'S GOVERNMENT IX 

 REPLY TO THE BRIEF OX BEHALF OF THE UNITED 

 STATES. 



The extent to which the dominion anil jurisdiction of a maritime state 

 extends on its external sea-coast has not always or by different nation* 

 been treated with unanimity. After the introduction of fire-arms (see 

 "Anna," 5 Rob., 385) that extent or distance, upon the then reason of the 

 thing "terra; dominlum finitur ubifinitur armorum vis, as cited by Lord 

 Stowell was said to be usually recognized to be about three miles from 

 the shore, but now that the range of modern artillery has been so largely 

 increased, if not upon other grounds, it is probable that a greater dis- 

 tance would be claimed by many nations, including the United States 

 of America. The practical, and therefore real and true reason of the 

 rule is stated by Kent ("Commentaries" I, p. 32), where after comment - 

 ingon a citation of Azuni, he says: "All that can reasonably be asserted 

 is that the dominion of the sovereign of the shore over the contiguous 

 sea extends as far as is requisite for his safety and for some lawful end." 

 No dispute has arisen touching the distance from the external line of 

 coast from which American fishermen have been excluded from taking 

 fish, and therefore that subject may be rejected from the present dis- 

 ,cussion. 



It is admitted by all authorities, whether writers on international law, 

 judges who have interpreted that law, or statesmen who have negotiated 

 upon or carried it into effect in treaties or conventions, that every nation 

 has the right of exclusive dominion and jurisdiction over those portions 

 of its adjacent waters which are included by promontories or headlands 

 within its territories. The rule is thus stated in Wheaton's International 

 Law (second edition by Mr. Lawrence, p. 320) : "The maritime territory 

 of every state extends to the ports, harbors, bays, mouths of rivers, 

 and adjacent parts of the sea inclosed by headlands belonging to the 

 same state." 



Upon examination of Article I of the Convention of 1818, mentioned 

 in the eighteenth article of the Treaty of Washington, it will bo ascer- 

 tained how far the privilege has been conceded by the latter article to 

 the United States fishermen to use bays in British North America. 



The following is Article XVIII of the Treaty of Washington : 



It is agreed by the High Contracting Parties that, in addition to the liberty 

 to the United States fishermen by the Convention between Great 1 

 United States, signed at London on the 20th day of October. 1818, of Uking, < 

 and drying fish on certain coasts of the British North American Colonies 

 fined, the inhabitants of the United States shall have, in common with tl 

 Her Britannic Maiesty, the liberty, for the term of years mentioned in Arti 

 of this treaty, to take fish of every kind except shell-fish on the sea coiwt* 

 and in the bays, harbors, and creeks of the provinces of Quebec, Nova N 

 Brunswick, and the colony of Prince Edward Island, and of the several 

 unto adjacent, without being restricted to any distance from the s 

 sion to land upon the said coasts and shores and islands, and also npor 

 Islands, for the purpose of drying their nets and curing their fish : 

 80 doing they do not interfere with the rights of private property 01 



