28 THE ARGUMENT OF THE UNITED STATES. 



This class of servitude is said to consist in patiendo, and is positive 

 in the sense that the dominant state possesses the right to do certain 

 specified acts within the burdened territory, which the servient state 

 is required to permit and may not forbid or deny. 



The exercise of this right of a dominant state is not limited to state 

 officials, but the servitude may be exercised by its subjects, and indeed 

 it is often created for the express purpose that it shall be exercised by 

 its subjects or citizens. As examples of this class of servitudes may 

 be cited the right of the dominant state, with the permission of the 

 servient state, to pursue and arrest upon the territory of the latter all 

 fugitives, malefactors and deserters, and to exercise all the rights of 

 justice and police ; to construct and maintain depots, houses and ware- 

 houses, railroads, telegraphs, and to have custom houses, to enjoy 

 military rights, and to exercise within the servient territorial waters 

 military and sanitary police; to pass its troops over the territory, to 

 occupy it, in whole or in part, with its forces, and to maintain garri- 

 sons in certain places; to permit the subjects, citizens or inhabitants 

 of the dominant state to fish within its internal or coastal waters ; to 

 preserve and prepare fish upon its coast ; to cut wood and to do acts of 

 a like nature upon its territory. 



Servitudes may be further classified according to the nature of 

 the acts to be done or to be suffered, into military or economic servi- 

 tudes, of which many examples have already been given in the pas- 

 sages quoted. While it may be said that military servitudes are on 

 the decrease by reason of the requirements of neutrality, still the 

 acquisition of coaling stations as bases of supplies in war time is 

 not infrequent in modern times. Economic servitudes, however, are 

 of the greatest importance and are likely to be frequently created in 

 the future in the interest of commerce, traffic and intercourse in general. 

 Thus, we have examples of economic servitude in the right to fish in 

 foreign territorial waters, to build railways, or lay telegraph lines and 

 cables over foreign territory. The servitude created by the treaty 

 of September 3, 1783, between the United States and Great Britain 

 affirmed, except where modified or restricted, by the convention of 

 October 20, 1818, between the United States and Great Britain, is an 

 example of an economic servitude, and the controversies arising out 

 of its exercise have led to the present arbitration. 



