distance. In respect of the first, he says a nation has a right of property, and may declare them closed, treating, however, all nations alike. The same rule he applies also to gulfs, &c., the mouths of which are not more than double cannon-shot across, or are protected by forts or islands. But this principle seems to extend to the waters bordering the coast; and no distinction is therefore recognized in the above article and article 51.

During the Franco-Prussian war, (1870,) the American government objected to the hovering of armed vessels off the coast, awaiting the exit from American ports of merchant vessels of the enemy.

The quasi-territorial jurisdiction over land and water within the lines of an army or fleet, beyond the ordinary territorial limits, is provided for in Title VIII., on NATIONAL JURISDICTION.

Boundary by the sea.

28. The limits of national territory, bounded by the sea, extend to the distance of three marine leagues' outward from the line of low-water mark; and where bays, straits, sounds, or arms of the sea,' are inclosed by headlands not more than six leagues apart, such limits extend three leagues outward from a line drawn between the two headlands.

3

1 Inasmuch as cannon shot can now be sent more than two leagues, it seems desirable to extend the territorial limits of nations accordingly. The ground of the rule is, the margin of the sea within reach of the land forces, or from which the land can be assailed.

Mahler v. Transportation Company, 35 New York Rep., 352; Lawrence's Wheaton, p. 320; Vattel's Law of Nations, 130; Hautefeuille, Droit des Nations Neutres, (2nd ed.,) 89. See Church v. Hubbart, 2 Cranch U.S. Sup. Ct. Rep., 187, 235. Bluntschli (§ 303) says that where the sea boundaries of adjacent nations overlie each other, each nation is bound to respect the sovereignty of the other on the common area; but such cases will be provided for by articles 30, 31 and 32.

3 It is believed that no definite rule has heretofore been laid down on this point. See Halleck's Int. Law, p. 132; Lawrence's Wheaton, p. 322. The distance between the headlands of Delaware Bay is about fifteen miles.

Adjacent islands.

29. Islands in the sea, beyond the distance specified in the last article, are presumed to be part of the territory of the nation possessing the adjacent main land.

Halleck, p. 131, § 15. The limit of distance seems to be necessarily indefinite. Islands newly formed by accretion are provided for by articles 41 and 45.

Boundary by a stream or channel.

30. The limits of national territory, bounded by a river, or other stream, or by a strait, sound, or arm of the sea, the other shore of which is the territory of another nation, extend outward to a point equidistant from the territory of the nation occupying the opposite shore; or if there be a stream or navigable channel, to the thread of the stream, that is to say, to the midchannel; or, if there be several channels, to the middle of the principal one.

Thalweg." Bluntschli, § 298. French treaties.

The

The right to the use of the whole river or bay, for navigation, &c., is nevertheless an easement or servitude common to both nations. Fame, 3 Mason's U. S. Circuit Ct. Reports, 147.

Boundary by inland lake, &c.

31. The limits of national territory, bounded by a lake, or other inland water, not being a stream, extend outward to a straight line drawn from the points at which such territory touches the land of other nations on the shore, at low-water mark; except where such line would fall within less than three marine leagues of the shore of another nation.

The same.

32. Where the line mentioned in the last article would fall within less than three marine leagues of the shore of another nation, at low-water mark, it must so deflect as to run that distance from such shore, unless the distance between the opposite shores is less than six marine leagues, in which case the boundary line runs equidistant from the two shores.

Wilderness.

33. Where two nations have settled upon the same continent without intervening settlements, and no large stream or body of water, or range of mountains intervenes between their settlements, the boundary between them is presumed to be equidistant from the nearest settlements; but, where there is such water or mountain range, the one which is most nearly equidistant

INTERNATIONAL CODE.

17

from such settlements is presumed to be the boundary.

1 Phill. Intern. Law, 251–254. See Bluntschli, § 297.

Power to determine boundaries.

34. Coterminous nations have jurisdiction jointly to determine and establish the boundaries between their respective territories; and it is their duty to do so, and to mark the same clearly."

1

1 Poole v. Fleeger, 11 Peters' U. S. Sup. Ct. Rep., 185; Latimer v. Poteet, 14 Id., 4.

2 Bluntschli, § 296.

Exception.

35. The foregoing provisions as to boundaries do not apply where the boundary is otherwise defined by special compact.1

A boundary agreed upon by the collectors of revenue cannot be regarded as valid. The Fame, 3 Mason's U. S. Circt. Ct. Rep., 147.

Injuring boundaries, marks, or monuments. 36. Willfully removing, concealing, injuring or falsifying any monument, mark or sign, made or adopted by the concurrence of two or more nations for indicating a boundary between them, is a public offense.

The regulations between France and the Grand Duchy of Luxembourg, Oct. 15, 1853, for preservation of boundary marks, (6 De Clercq, 386, Art. XI.,) provides that, offenders are to be prosecuted and judged according to the law of the State in which they are found; and that, for this purpose, proceedings had in either State shall, as far as necessary, have equally "foi en justice" in the other.

Loss of territory, and acquisition of territory. 37. A nation may lose territory :

1. By abandonment;

2. By destruction;

3. By transfer; or,

4. By conquest.

A nation may acquire territory:

1. By occupation;

2. By accession;

3. By transfer; or,

4. By conquest.

18

DRAFT OUTLINES OF AN

No provision is made for devise or succession after death, inasmuch as the devise of a crown cannot be deemed to destroy the identity of the State; and the power of a monarch to alienate any part of the national territory by will should not be admitted.

Acquisition by occupation.

38. Territory can be acquired by occupation, in the following cases only:

1. When it was previously unoccupied by any other han a savage nation;

2. When the nation which previously occupied it has, without ceding it, renounced the sovereignty which it exercised over it, either expressly, or by abandoning the territory; or,

3. When the inhabitants of the territory overthrow their government and freely join themselves to the occupying nation.

Extent of occupancy.

39. Occupancy of any part of an island uninhabited or inhabited only by savages, is presumed to be an occupancy of the whole.

The same.

40. A nation is presumed to occupy all territory within the limits over which it maintains an effective control; and such presumption is conclusive, unless it appears that some other nation actually occupies a portion of such territory.

Accretion.

41. Land formed in the sea by accretion belongs to the nation whose territory is nearest.

1 Phill. Int. Law, 257; The Anna, 5 Robinson's Adm. Rep., 332; Bluntschli, § 295, note.

The same.

42. When land is formed on the shore from natural causes and by imperceptible degrees, the boundary between the nation owning it and the nations owning other parts of the shore is modified so as to conform to the change in the shore.

INTERNATIONAL CODE.

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This and the two following articles are suggested by the Code Napoleon, Liv. II., Tit. II., Art. 556–559; and Civil Code reported for New York, §§ 443-448.

The same.

43. When land is formed on the shore from artificial causes or by perceptible degrees, the boundary between the adjoining nations is not changed thereby.

Reclaiming land washed away.

44. If a considerable and distinguishable part of the shore is carried away by the water, to a pla e within the boundaries of another nation, the nation owning it while attached to the shore may reclaim it within one year, if it can be restored to the territory of the nation so claiming it; but until it is so restored it must be deemed to be part of the territory within which it is situated.

Ownership of islands.

45. An island, formed from natural causes in any water other than the sea, belongs to the nation within whose boundary it is formed; or, if it is formed upon the boundary of two or more nations, each nation owns so much of the island as lies within its original boundary.

Compare Bluntschli, § 295.

Changes of stream.

46. If a stream which constitutes the boundary between two or more nations forms a new course, abandoning its ancient bed, from natural causes, and by imperceptible degrees, the boundary follows the center of the stream, as defined in article 30; but in other cases the boundary remains in the center of the ancient bed.

1 Phill. Int. Law, 258, 259; Bluntschli, § 299.

Transfer or cession.

47. Territory can be acquired by transfer or cession, upon the agreement of the nations whose sovereignty is affected by the transaction.