200 THE ARGUMENT OF THE UNITED STATES. 



term, " within the exclusive jurisdiction of Great Britain," " within 

 the maritime limits," " within the British limits," " within the limits 

 of the British sovereignty," were all used as including the territorial 

 sea extending three marine miles from the shores; and it is manifest 

 that, when the term " His Britannic Majesty's Dominions in Amer- 

 ica " was used following " bays, creeks or harbours ", it imported, in 

 any event, no extension of jurisdiction. 



While there is no intention here of entering into any lengthy 

 discussion of the various theories as to the nature of the right 

 of a bordering state over the waters adjacent to its coasts, never- 

 theless, it is important to call to the attention of the Tribunal that 

 the word " dominion ", or the Latin word dominium, denotes a prop- 

 erty right in the littoral sea, while the word " sovereignty," or the 

 Latin word imperium, denotes a right to exercise sovereignty over the 

 littoral sea, and the word " jurisdiction," or the Latin word juris- 

 dictio, signifies the lesser right to exercise jurisdiction, which is 

 only one of the prerogatives of sovereignty, over the littoral sea. 



It is, therefore, apparent that of all the terms, "His Britannic 

 Majesty's Dominions in America," " within the limits of the British 

 sovereignty," and " within the exclusive jurisdiction of Great Brit- 

 ain," if the negotiators had in mind these distinctions, the words used 

 denoted the narrowest claim in respect of extent of waters, although 

 the broadest claim in respect of the nature of the right. 



The attention of the Tribunal is now directed to the specific claim 

 made by Great Britain, that the term " a bay of His Majesty's Domin- 

 ions in America," inasmuch as no limitations were expressed in the 

 treaty, " includes all tracts of water on the non-treaty coasts which 

 were known under the name of bays in 1818." 



The decisions of the High Commission, appointed under the Claims 

 Convention of 1853, between the United States and Great Britain, in 

 the cases of the Washington and the Argus? are decisive between the 

 United States and Great Britain on this Question. 



If, however, it were permissible for Great Britain to take the 

 position advanced in the British Case and it should be sustained, it 

 would furnish no rule for measurement. If " bays of His Britannic 

 Majesty's Dominions in America " in 1818 were not confined to those 

 bays lying "within the maritime limits," that is, landward of the 

 three-mile line, and, therefore, to those six marine miles or less in 



U. S. Case, 131-133 ; Appendix, 1101. 



