QUESTION FIVE. 205 



known, it is easy to fix the limitations. The maritime dominion 

 ends where continuous possession ends, where the proprietary state 

 can no longer exercise its power, at the place at which it can no 

 longer exclude foreigners and finally at the place where, their pres- 

 ence no longer endangering its security, it no longer has any interest 

 in excluding them. 



Now, the point at which the three causes which render the sea sus- 

 ceptible of private possession ceases, is the same for all; it is the 

 limit of its power represented by instruments of war. The space 

 covered by projectiles discharged from the shore protected and 

 defended by the power of these engines is territorial domain, and 

 subjected to the dominion of the master of the shore. The greatest 

 range of cannon placed on shore is actually, therefore, the limit of 

 the territorial sea. 



In fact, this space alone is actually subject to the power of the 

 territorial sovereign; there and there alone can he enforce his laws. 

 He has the power to punish malefactors and to exclude those he 

 desires. Within this limit the presence of foreign vessels may 

 threaten his security; beyond it, their presence is a matter of indif- 

 ference to him, it can cause him no anxiety for beyond the cannon 

 range they can not harm him. The limit of the territorial sea is actu- 

 ally, according to primitive law, the range of a cannon placed on 

 shore. 



Secondary law has sanctioned this rule; the majority of treaties 

 on the subject have adopted the same rule. Grotius, Hiibner, Bynker- 

 shoek, Vattel, Galiani, Azuni, Kliiber and almost all modern pub- 

 licists of greatest authority, have taken the range of cannon as the 

 only limit of the territorial sea which was rational and in conformity 

 with principles of primitive law. This natural limit has been recog- 

 nized by a great number of states in their municipal laws and regu- 

 lations. (See footnote, vol. 1, p. 58.) 



It is important to note that to preserve their domain over the 

 territorial sea it is not necessary for the adjacent state to erect fixed 

 and permanent batteries, fortresses, etc., nor that its cannon be at 

 all times ready to cover all parts of this sea with their fire. The 

 absence of these means of coercion, either temporary or perma- 

 nent for all parts of the shore can not be armed does not interfere 

 with the right itself nor change the limits which we have just 

 assigned. The nation, sovereign of the land washed by the tide, is 

 by that fact alone sovereign of the territorial sea and exercises its 

 rights over its land and sea dominion as best serves its interests, 

 the mode of exercise in no way diminishing its actual right. 



The sea coasts do not present a straight and regular line. They 

 are on the contrary almost always cut by bays, capes, etc. If the 

 maritime domain were always to be measured from every point of the 

 coast, great inconveniences would result. Thus it is agreed by usage 

 to draw an imaginary line from one headland to another and to take 

 this line as the point of departure for the range of cannon-shot. This 

 method adopted by almost all states, applies to small bays only and 

 not to gulfs of wide extent like the Gulf of Gascoigne and the Gulf 

 of Lyon, which in fact are great portions of sea entirely open and 

 whose complete assimilation to the high sea it is impossible to deny. 



