242 THE ARGUMENT OF THE UNITED STATES. 



As already pointed out, it is stated in the British Case: 



The word "shores" in Article I of the treaty is used to express 

 the same idea as " coasts " in other parts of the article.* 



The United States is in full accord with this position. Shores and 

 coasts mean the same thing in the treaty. Messrs. Gallatin and Rush 

 correctly used them interchangeably. But, when Great Britain con- 

 cedes that these words have the same meaning, it is difficult to see 

 what remains of the British contention as to this Question. There is 

 no word in the language of clearer meaning than the word " shores " 

 which invariably means the land bordering upon the water. 6 



The only question which has ever been raised as to the meaning of 

 the word " shore," as used in the treaty of 1818, arose as to the right 



"British Case, 126. 



6 In law it means : 



The space between ordinary high-water mark and low-water mark ; beach ; 

 flats. 



See Blundell v. Catterall, 5 B. & A., 268 (1821) ; Mellor v. Walmeslcy (1905), 

 2 ch., 164. 



In Roman law the shore included the land as high up as the largest wave 

 extended in winter. (Burrill, Law Dictionary.) 



Early dictionary definitions are to the same effect. 



Bailey, Nathaniel (1736 and 1764) : 



The side or bank of the sea, river, etc. 



Bailey, Nathaniel (1783) : 



The side or bank of the sea, river, a coast or tract of land on the sea side. 



Ash (1795) : 



The coast of the sea, the bank of a river. 



Barclay (1799) : 



The coast or land which borders on the sea. 



Walker (American, 1813) : 



The coast of the sea, the bank of a river. 



Johnson (London, 1805) : 



The coast of the sea. 



Johnson (American, 1818) : and 



Walker (London, 1818; American, 1818): 



The coast of the sea, the bank of a river. 



J. K. (London, 1748) : 



A tract of land on the seaside. 



Ogilvie (London, 1866) : 



The place where the continuity of the land is interrupted or separated by 

 the sea or the river; the coast or land adjacent to the ocean or sea, or to a large 

 lake or river. 



Bouvier, Law Dictionary (American, 1897) : 



Land on the side of the sea, a lake or a river. Strictly speaking, when the 

 water does not ebb and flow in a river, there is no shore. 



Hall, (Rights of Crown in the Sea Shore (1830), reprinted in Moore History 

 of the Foreshore, London, 1888) : 



In the Roman law the shore extended quatenus hybernus fltictus maximum 

 excurrit, a boundary line equivalent, as it would seem, to the limits of our 

 high spring tides. But with us it has long been settled that that portion only 

 of the land adjacent to the sea, which is alternately covered and left dry by 

 the ordinary flux and reflux of the tide is, in legal intendment the sea-shore 

 (p. 674). 



Below this ordinary high water mark, down to the low water mark, 1. e. 

 between the ordinary high and low water marks, lies the shore, or littus maris. 

 This shore, throughout the coasts of England, as well of the sea, as of creeks 

 and tide rivers, doth (prima facie) de jure convmuni (and in common prescrip- 

 tion) belong to the King (p. 678). 



