AWARD OF THE FISHERY COMMISSION. 1901 



dry, or cure fish on or within three marine miles of any of the coasts 

 bays, creeks, or harbors. 



It is admitted that the liberty to fish is renounced within three miles 

 of the coasts. If the contention of the United States, that thin renun- 

 ciation applies only to a specified distance from the shores of the coasts, 

 bays, creeks, and harbors, and is to be ascertained by a line following 

 the bays, creeks, and the indents thereof at a distance of three miles, 

 be right, then shores, or coasts if synonymous with shores, is the only 

 necessary word, and the words, " bays, creeks, and harlwrs,' 1 are with- 

 out meaning a construction which would be contrary to the rule which 

 requires that effect be given to every word. 



The word " bay," then, must have a meaning. 



The distance, therefore, from headland to headland ought not and can- 

 rot be confined to a measure of six miles in order to give exclusive 

 dominion within the bay formed by the headlands. 



The general principle is that navigable waters included in bays t>e- 

 tween two headlands belong to the sovereign of the adjoining territory 

 as being necessary to the safety of the nation and to the undisturbed 

 use of the neighboring shores. (Puffendorf, b. 3, c. 5; Vattel, b. 1, ch. 

 oo.) 



The difficulty of limiting the extent to which this privilege should be 

 carried is thus stated by Azuui : 



It is difficult to draw any precise or determinate conclusion amidst the variety of 

 opinions as to the distance to which a state may lawfully extend its exclusive dominion 

 over the sea adjoining its territories and beyond those portions of the sea which arc 

 embraced by harbors, gulfs, bays, &c., and estnaries, and over which its jurisdiction 

 unquestionably extends. (Azuni on the Maritime Laws of Europe, 1, p. 206). 



After commenting on this passage of Azuui, which he cites, Kent 

 says: 



Considering the great extent of the line of the American coasts, we have a right to 

 claim for fiscal and defensive regulations a liberal extension of maritime jurisdiction, 

 and it would not be unreasonable, as I apprehend, to assume, for domestic purpose* con- 

 nected with our safety and welfare, the control of the waters on our coasts, though in- 

 cluded within lines stretching from quite distant headlands, as, for instance, from Cap 

 Ann to Cape Cod, and from Nantucket to Montauk Point, and from that point to the 

 cape of the Delaware, and from the south cape of Florida to the Mississippi. It is 

 certain that our government would be disposed to view with some uneasiness and senoi- 

 bilty, in the case of war between some other maritime powers, the use of the watrs of 

 our coast far beyond the reach of cannon shot, as cruising ground for belligerent pur- 

 poses. 



Chancellor Kent therefore considers that some distance between the 

 headlands of more than six miles would properly be insisted on by the 

 United States for securing the objects above mentioned, the safety of 

 the territory, and other lawful ends. 



The right of exclusive fishing is undoubtedly a lawful.end. (Vattel, 

 b. 1, c. 23.) And where the nation has an exclusive right it is entitled 

 to keep the exercise of that right in its own power, to the exclusion of 

 others. 



In the Convention of 1818 no limited construction was put upoi 

 word " bay." The treaty employs as distinct terms the words " cowts 

 bays, creeks, and harbors." " Bay," therefore, should be taken, ir 

 plain and ordinary sense of the term, to moan a portion of the sea 

 closed between headlands, which, together with the shores wit 

 belong to the same nation. 



The entrance to this bay is marked or ascertained by 

 from headland to headland, whatever be the depth of the 1 

 though the line drawn from headland to headland exceex 

 miles. 



