as Phillimore, have supported this claim; but this would hardly be maintained since the Territorial Waters Jurisdiction Act of 1878.

Some straits have been made the subject of special agreements. By article I of the Convention of London of July 10, 1841, warships were excluded from the Bosphorus and Dardanelles. This regulation was reaffirmed by the Treaty of Paris in 1856 and by the Treaty of London in 1871. By this latter treaty provision was made for entrance of warships for the purpose of assuring the execution of the provisions of the Treaty of Paris of 1856. The United States has never formally admitted the right to exercise this exclusive jurisdiction. The right of navigation is, however, distinct from the right of jurisdiction.

SAME GULFS AND BAYS.

37. Over gulfs and bays wholly within the territorial limits, and over such as are not more than six miles in width at the opening into the sea, the jurisdiction is in the shore state or states. More extended jurisdiction is in some cases claimed and admitted.

When the opening to the sea from a gulf or bay is six miles or less in width, and the jurisdiction of both shores is in one state, that state has jurisdiction over the gulf or bay. When the shore is in the jurisdiction of different states, the middle of the navigable waters is usually considered the limit of jurisdiction, in absence of agreement.

Claims to jurisdiction over waters of large area and having wide openings toward the sea have been made.11 James I of

11 "Passing from the common law of England to the general law of nations, as indicated by the text-writers on international jurisprudence, we find a universal agreement that harbors, estuaries, and bays landlocked belong to the territory of the nation which possesses the shores round them, but no agreement as to what is the rule to determine what is 'bay' for this purpose.

"It seems generally agreed that, where the configuration and dimensions of the bay are such as to show that the nation occupying the adjoining coasts also occupies the bay, it is part of the territory, and, with this idea, most of the writers on the subject refer to defensibility from the shore as the test of occupation; some suggesting,

ANFORS LIB

8 37)

MARITIME AND FLUVIAL JURISDICTION.

England made extensive claims to the waters within lines. drawn from headlands about England. These were called King's Chambers.12

Conventional agreements as to boundaries have been made when the openings of waters toward the sea have exceeded the six-mile limit.13 Certain gulfs and bays having wide openings toward the sea and of large surface area are generally regarded as within the boundaries of the shore states, as in case of the Delaware and Chesapeake Bays in the United States.11 therefore, a width of one cannon-shot from shore to shore, or three miles; some, a cannon-shot from each shore, or six miles; some, an arbitrary distance of ten miles. All of these are rules which, if adopted, would exclude Conception Bay from the territory of Newfoundland, but also would have excluded from the territory of Great Britain that part of the Bristol Channel which in Reg. v. Cunningham, 1 Bell's Cr. Cas. 72, was decided to be in the county of Glamorgan. On the other hand, the diplomatists of the United States in 1793 claimed a territorial jurisdiction over much more extensive bays, and Chancellor Kent, in his Commentaries, though by no means giving the weight of his authority to this claim, gives some reason for not considering it altogether unreasonable."

Direct U. S. Cable Co. v. Anglo-American Tel. Co., L. R. 2 App. Cas. (1877) 419.

"Where two nations are possessed of territory on opposite sides of a bay or navigable river, the sovereignty of each presumptively extends to the middle of the water from any part of their respective shores." 5 Ops. Attys. Gen. 412.

12 Selden, Mare Clausum, c. 22.

13 Boundary Treaty between United States and Great Britain, 1846, art. 1: "From the point on the forty-ninth parallel of north latitude where the boundary laid down in existing treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Britannic Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island; and thence southerly through the middle of the said channel, and of Fuca's Straits to the Pacific Ocean: Provided, however, that the navigation of the whole of the said channel and Straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties."

14 "The question of jurisdiction over many such partly included bodies of water, sometimes called 'closed seas,' has already been decided. The Chesapeake and Delaware Bays are recognized as parts of the territory of the United States; Hudson Bay and the Irish

The Institute of International Law in 1894 adopted twelve miles as the width of mouth of inclosed gulfs and bays.15 The ten-mile width of mouth for inclosed gulfs and bays has received much sanction in recent years.16 From whatever line is rec

Sea as British territory; the Caspian Sea belongs to Russia; Lake Michigan to the United States. The Black Sea, before Russia obtained a foothold upon it, formed part of the territories of the Ottoman Porte; it is now subject to the joint jurisdiction of Turkey and Russia. The Baltic is acknowledged to have the character of a closed sea (and to be subject to the control of the powers surrounding it), certainly to the extent of guaranteeing it against acts of belligerency when the powers within whose territory it lies are at peace." Davis, Elements of Int. Law, p. 58.

15 13 Annuaire de l'Institut, 329.

"In conformity with your recent oral request, I have now the honor to make further response to your unofficial note of November 5th last, which was acknowledged on the 9th of the same month, by informing you that careful consideration would be given to the important inquiry therein made as to the views of the United States government touching the expediency of settling by treaty among the interested powers the question of the extent of territorial jurisdiction over maritime waters.

"This government would not be indisposed, should a sufficient number of maritime powers concur in the proposition, to take part in an endeavor to reach an accord having the force and effect of international law, as well as of conventional regulation, by which the territorial jurisdiction of a state, bounded by the high seas, should henceforth extend six nautical miles from low-water mark, and at the same time providing that this six-mile limit shall also be that of the neutral maritime zone.

"I am unable, however, to express the views of this government upon the subject more precisely at the present time, in view of the important consideration to be given to the question of the effect of such a modification of existing international and conventional law upon the jurisdictional boundaries of adjacent states and the application of existing treaties in respect to the doctrine of headlands and bays.

"I need scarcely observe to you that an extension of the headland doctrine, by making territorial all bays situated within promontories twelve miles apart, instead of six, would affect bodies of water now deemed to be high seas and whose use is the subject of existing con-ventional stipulations."

Mr. Olney, Sec. of State, to Mr. de Weckherlin, Dutch Min., Feb. 15, 1896, MS. Notes to the Netherlands, VIII, 359, cited in 1 Moore, § 152, p. 734.

16 1 Rivier, Principes de Droit des Gens, 154; Bonfils, Droit Int. Public, 516; Perels, Seerecht, § 5.

ognized as the boundary of the mouth of an inclosed gulf or bay the maritime jurisdiction is held to extend to a distance of three miles from this line.17

A case arose relating to the jurisdiction over Conception Bay, which is more than twenty miles in width at its mouth. A cable was laid within the Bay, and at all points more than three miles distant from the shore. While admitting there was great diversity of opinion as to what constituted water of such description territorial, the court held that this was within British jurisdiction, "that in point of fact the British government has for a long period exercised dominion over this bay, and that their claim has been acquiesced in by other nations, so as to show that the bay has been for a long time occupied exclusively by Great Britain, a circumstance which in the tribunals of any country would be very important. And moreover (which in a British tribunal is conclusive) the British legislature has by acts of Parliament declared it to be part of the British territory, and part of the country made subject to the legislature of Newfoundland." 18

SAME-INLAND SEAS AND LAKES.

38. In general, the jurisdiction over inclosed waters is in the state whose land surrounds the water.

If an inland sea or lake is surrounded by land belonging to two or more states, in absence of conventional agreement, jurisdiction is in each state in proportion to its coast line.

Such inclosed waters as Lake Baikal, Aral Sea, Dead Sea, the Swiss and English lakes, Lake Winnipeg, or Lake Michigan, are wholly within the exclusive jurisdiction of the states

17 "Article 8. Under the territory of the kingdom is also included the seacoast to within a distance of three nautical miles of 60° latitude at low-water mark. In regard to bays, that distance of three nautical miles shall be measured from a straight line athwart the bay as close as possible to the entrance at the first point at which the entrance to the bay exceeds ten miles of 60° latitude." Netherlands Proclamation of Neutrality, Russo-Japanese War, 1904.

18 Direct U. S. Cable Co. v. Anglo-American Telegraph Co., [1877] L. R. 2 App. 394.

whose land surrounds them. A state may exercise its jurisdiction over landlocked waters as over the land within its boundaries.

If an inland sea or lake is surrounded by land belonging to different states, the jurisdiction over the water area has been generally considered to reside in the surrounding states, though the right to navigate the waters is conceded to all the states whose lands touch the inclosed waters. The exercise of jurisdiction by different states over the waters of an inclosed sea or lake has usually been regulated by conventional agreement. The rights to the Caspian Sea are specified under the treaties between Russia and Persia of 1813 and 1828; the Black Sea has been the subject of many negotiations, and by treaty opened to merchant vessels;19 Lake Constance is considered as belonging to Germany, Switzerland, and Austria.

The boundary between the United States and Canada in the Great Lakes was provided for in the Treaty of Peace between the United States and Great Britain in 1783 as in the middle of Lakes Ontario, Erie, and Huron, and to the north of the middle of Lake Superior. Under the Treaty of 1814, article VII, commissioners were to be appointed to make these boundaries more definite. Several subsequent treaties provided for the maintenance of naval force on the Lakes by the United States and by Great Britain, for the navigation of the boundary waters and of the rivers flowing from the Lakes, for wreck. ing privileges,20 etc. The decisions of the United States courts upon the nature of the jurisdiction to be exercised over the Great Lakes have not always been consistent as regards municipal law,21 though the claim of exclusive jurisdiction up to the Canadian boundary line has been repeatedly affirmed by the United States and admitted by Great Britain.

A decision of the United States Supreme Court in 1892 states that "the Great Lakes are not in any appreciable respect affected by the tide, and yet on their waters, as said above, a

19 See Treaty of Paris, 1856, and Treaty of London, 1871.

20 Foreign Relations U. S., 1893, pp. 341-344.

21 United States v. Rodgers, 150 U. S. 249, 14 Sup. Ct. 109, 37 L. Ed. 1071; Illinois Central Railroad v. Illinois, 146 U. S. 387, 13 Sup. Ct. 110, 36 L. Ed. 1018.