208 THE AEGUMENT OP THE UNITED STATES. 



to the extent indicated by the observations of Rayneval. Does not a 

 common opinion of statesmen as well as modern publicists exist, in 

 view of the treaties which we have cited, and the local legislation 

 which we have adduced, and the doctrine expressed by Grotius, 

 Valin, Azuni, Kliiber, and so forth, decide it? Can we not say with 

 certainty: (1) That the sovereignty over the territorial sea reaches 

 as far as the range of cannon shot from the shore, so far as concerns 

 the protection which a neutral state owes to vessels of a belligerent 

 nation; but the surveillance which ought to be exercised in the matter 

 of customs to prevent smuggling may extend still farther; (2) this 

 sovereignty extends over maritime regions, such as roadsteads, bays, 

 gulfs, and straits, whose entrance and exit may be defended by 

 cannon. 



Section 41, p. 97. All gulfs and straits cannot belong throughout 

 their entire extent to the territorial sea of the state whose coasts 

 they wash. The sovereignty of the state is limited over gulfs and 

 straits of wide extent to the distance indicated in the foregoing para- 

 graph; beyond this, gulfs and straits of this category are assimilated 

 to the sea and their use is free to all nations. 



Fiore: Nouveau Droit International Public, published in Italian in 

 1865, citing from French translation by Antoine of 2nd edition 

 (1885) : 



SEC. 804. This state of things being admitted we must, in proposing 

 a practical rule, subscribe to the opinion expressed by Calvo, who is 

 of the opinion that so long as we shall not have determined the ex- 

 tent of the maritime frontier, nor come to a decision admitted by the 

 majority of States, the delimitation of three marine miles constitutes 

 from an international point of view a fixed rule which ought to be 

 observed and respected in every case where treaties have not estab- 

 lished another rule. (Calvo, Section 344.) 



SEC. 808. The principles which we have just expounded with refer- 

 ence to the territorial sea are equally applicable to bays and gulfs. 

 These latter cannot be considered as being within the domain of 

 the territorial sovereignty, unless their extent is so restricted that 

 their waters are entirely within the range of cannon-shot from the 

 shore. * * * 



Calvo: Le Droit International Theorique et Pratique, published in 

 Spanish, 1868, citing from 5th edition in French 1, 1896 : 



SEC. 353. * * * 



The natural limit of a state on the coast is defined by the contour 

 of its shores where they are washed by the tide and where the mari- 

 time dominion begins. In order to facilitate the defense of the coast, 

 the general practice of nations sanctioned by numerous treaties, has 

 been to trace, at a certain distance from the land, an imaginary line 

 which is considered to form the extreme limit of the maritime fron- 

 tier of each country. All the space within this line comes, ipso 

 facto, under the jurisdiction of the state to which it belongs, and 

 the sea between this line and the shore is called territorial waters. 



SEC. 367. Gulfs and bays protected either naturally by islands, 

 sand bars, or rocks, or by the cross fire of guns placed on each side 

 of their entrances, belong to the territorial sovereignty adjoining. 

 As regards liberty of access and jurisdictional law they are regulated 



