151 



This doctrine; is fully in accordnnco with tiie text-hooks. Thus Aziini writes in 



his ''Droll Muraimf ilr t'Eiirope,'' cimp. ii, art. '.i, § '.i: 



" Livs (ililij.'iitioiiM ri'liitivcs aijx ]ioi't.s .siiiil. (^(iili'iiiciil. ii|i|ilicHlili'.M aiix luiii-s ct mi.'c ;,'iill'('S, altoiulu 

 iiii'ils i'liMi, iiiii.si imitic ilv III .siiiivoiiiiiu'h' ilii ( iiiiivrriiciiicni, (liiiis III iloriiiiiiitiipii, ct lu imituiri' ihnjiiul 

 ils sunt jiliicL's, ct (lui Ics lii'ril (.'jjiilLMiii'iit (^nHH sii siiiivc'^iirilc : mi niiiscqiiciici', l'ii;4ilti acconlc'' diuis iiiiu 

 luiic nil duns III! LiuH'c, nVst |iiis iiioins iiivinliililc c|iii' ccliii il'iiii jinrl, ct Imit iitlitiliit ciiiinnin iliuis I'uii 

 ciiiiiiiiij (liiii^ rnuti'i,', (Inil ('iri' n',L;iiiili' i iimiiiu' iiiir xinliitinii iiiMiiircsIc dii druil di'^i ^'cii.-i," 



Valin, Coiinnrnt. i) I'Ordonnuncc ilr France, tit. " Dos Hades," art. i, may be cited 

 in conlirniation ol' this doctrine. 



Tlio words used in the Fst Article of the Convention of 1818 are, "On the coast 

 of Newfoundland, on the sliorcs of the Magdalen Islands, on the coasts, bays, 

 harbours, and creeks I'roni .Mount Joly, &c." 



The word "on" is thus used as applicable to shores, coasts, bays, creeks, and 

 harbours, an<l the United Slates renounce any liberty to take, dry, or cure lish, on, 

 or within three marine miles of any of the coasts, bays, creeks, or harbours. 



It is udniitlcd iliat tiie liberty to fish is renounced within three miles of the 

 coasts. If the contention of the United States tiiat this renunciation ap|)lies only 

 to a specified distance from the siiores of the coasts, bays, creeks, and harbours, 

 and is to be ascertained by a line followiiiix the bays, creeks, imd the indents tiicreol', 

 at a distance of tliree miles, be right, then shores or coasts, if synonymous with 

 shores, is the only necessary word, and the words, " bays, creeks, and harbonr.s," 

 arc without meaidng -a construction which would be contrary to the rule which 

 requires that cll'ect be given to every word. 



The word " bay" then must have a meaning. 



The distance therelore from headland to headland ougiit nnt to and cannot bo 

 confined to a measure of six miles in order to give exclusiv:,' domini'Mi within thi! 

 bay formed by the headlands. 



The general principle is that navigable waters inelii(l>'il in hays behveon two 

 headlands belong to the Soxcreign of the adjoining (e!iil<)r\-, .'i.-; I):'ing n''cess;iry to 

 the safetv of the nati >n and to the undisturbed use of the neighbouring shores. 

 (PuffendorfT, b. 3, c. 5 ; Vattel, b. 1, ch. :«.) 



The difliculty of limiting the extent to which this privilege should be carried is 

 thus stated by Azuni ; 



" Tt. is ditlifiilt to driiw any ]ivi'risr or dctorminiitiA coivlii-.idn imiidst ilit- vavicly nt' i'i]nninn.s as In 

 distanru to wliicli n .Suite niay lawliiUy extend its cxchisivi' doniiiiinn iivcr the si'a adjuiniuji its 

 li'iiiliu'ii's, and licynnd tiiusi! jidiuoih ul' \\m sea wliieh arc cniliraccd liv liiiri)mivs, ,i;iill's, hays, Ac, 

 and (.'stuarics, and nvcr which its jnriadieiioa minuLstinualily Lxtuud.s." A.jiini on tlie Maiitiiue Laws 

 ol" Europe, I, |iiiu'e L'liii. 



After commenting on this passage of Aztini. which he cites, Kent says. "Con- 

 sidering the great extent of the line of tiie American coasts, we have .a riglit to 

 claim for fiscal and delcnsive regulations a liberal extension of maritime jurisdiction, 

 and it would not be iiin'easonal)le, as 1 iipprehend, to assume, for domestic piu'poses 

 connected witii our safety and welfare, the control of the waters on our coasts, 

 though included within lines stretching from ipiite distant headlands, as, for 

 instance, from Cape Ann to Cape Cod, and from Nantucket to Alontaidi Point, and 

 from that point to the C.ipes of the Delawar.', and from the South Cape of Florichi 

 to the Mississippi. It is certain that our Government would be disposed to view 

 with some uneasiness anil sensibility, in tlie case of war between some other 

 maritime Powers, tiie use of the waters of our coast far beyond the reacii of cannon 

 shot, as cruizing ground for belligerent jiurposes." 



Chancellor Kent therefore considers that some distance between the headlands 

 of more than six miles would ]iroperly be insisted on by the United States for 

 securing the objects above mentioned, the safety of the territory, and other hvwfid 

 ends. 



The right of exclusive tishing is undoubtedly a lawful end. (Vattel, b. 1, c. 

 23.) And where the nation has an exclusive right, it is entitled to keep the exercise 

 of that right in its own power, to the exclusion of others. 



In the Convention of 1818 no limited construction was put upon the word 

 " bay." The Treaty employs as distinct terms the words " coasts, bays, creeks, 

 and harbours." '• Bay," therefore, should be taken in the plain and ordinary sense 

 of the term, to mean a portion of the sea, inclosed between headlands, which, 

 together with the sliorcs within them, belong to the same nation, 



[280] ' Y2 



