QUESTION FIVE. 203 



nations of Europe to-day agree that the rule is that straits, gulfs, and 

 the adjacent sea belong to the owner of the shore, at least as far as the 

 range of a cannon placed on the shore. 



Kliiber: Droit des Gens moderne de V Europe, published in 1819, 

 citing from French Edition, 1874, section 130-131 : 



Within the maritime territory of a state are included those mari- 

 time districts or regions susceptible of exclusive possession over 

 which the state has acquired (by occupation or convention) and 

 retained sovereignty. To these districts belong: (1) Those parts of 

 the ocean which are adjacent to the continental territory of a state, in 

 accordance with almost universally adopted opinion, as far as they 

 are within the range of a cannon placed on the shore; (2) those 

 parts of the ocean which extend into the continental territory of a 

 state, if they can be commanded by cannon from the two shores, or 

 the entrance of which may be forbidden to vessels; that is, gulfs, 

 bays, and creeks: * * * (4) gulfs, straits, and seas adjacent to 

 the continental territory of a state, which, although not entirely 

 within the range of cannon shot, are recognized by other powers as 

 closed seas subjected to the domination of one state. 



Ortolan: Diplomatie de la Mer, published in 1844, citing from 

 vol. 1, edition of 1853, page 150 et seq. : 



The causes which interfere with the existence of the right either of 

 property or of sovereignty are not found absolutely over all portions 

 of the sea. There are certain parts close to the land, partaking in 

 some respects of its condition, in which these causes cease* more or 

 less to exist and in which consequently these rights may exist in whole 

 or in part. In this connection, far from being exceptions to the 

 principles which constitute the liberty of the open sea, they are 

 confirmations of it ; the cause ceasing., the effect must cease, logically. 

 The recognition of maritime domains subject to the property or 

 sovereignty of a nation is deduced from the very principles upon 

 which are based the general liberty of the seas. 



Property or domain must not be confused with sovereignty or 

 the right of command or of jurisdiction. 



In this connection we must define first, ports and roadsteads; 

 second, gulfs and bays; third, straits and certain inclosed seas; 

 fourth, portions of the sea adjacent to the coast of the state. 



Ports and roadsteads are fully susceptible of possession and the 

 proprietary state may use all the means incident to the right of pos- 

 session. This proprietorship over ports and roadsteads does not 

 prevent other nations from freely navigating or communicating 

 with them. 



The nation that is mistress of the port or roadstead may, at its 

 pleasure, declare them closed, open, or free ; that is to say, permit or 

 forbid access to them or subject imports to certain fiscal laws or per- 

 mit free entry. 



We must classify under the same heading as roadsteads and ports, 

 gulfs and bays and all other indentations known by other denomina- 

 tions when these indentations made in the land of a single state do 

 not exceed in width the double range of cannon or when the en- 



92909 8. Doc. 870. 01-3, vol 8 14 



