nated differently? This is sometimes accidental; sometimes for no other purpose than to assist the intercourse between man and man, by easy distinctions of space. Are not this river and this bay fed by the same springs from the land, and the same tides from the ocean? Are not both doubly flanked by the territory of the United States? Have any local laws, at any time, provided variable arrangements for the river and the bay? Has not the jurisdiction of the contiguous States been exercised equally on both?

But suppose that the river was dried up, and the bay alone remained. Grotius continues the argument of the 7th section of the 3d chapter of the 2d book, above cited, in the following words:

By this instance it seems to appear that the property and dominion of the sea might belong to him who is in possession of the lands on both sides, though it be open above as a gulf, or above and below as a strait, provided it is not so great a part of the sea that, when compared with the land on both sides, it can not be supposed to be some part of them. And now what is lawful to one king or people may be also lawful to two or three, if they have a mind to take possession of the sea thus inclosed within their lands, for it is in this manner that a river which separates two nations has first been possessed by both, and then divided.

The gulfs and channels, or arms of the sea, are, according to the regular course, supposed to belong to the people with whose lands they are encompassed. Puf. b. 4, c. 5, s. 8.

Valin, in b. 5, tit. 1, p. 685, of his commentary on the marine ordnance of France, virtually acknowledges that particular seas may be appropriated. After reviewing the contest between Grotius and Selden, he says: "S'il [Selden] s'en put donc tenir là, ou plutôt, s'il eut distingué l'océan des mers particuliers, et même dans l'océan l'étendue de mer qui doit être censée appartenir aux souverains des côtes qui en sont baignées, sa victoire eut été complette."

These remarks may be enforced by asking, What nation can be injured in its rights by the Delaware being appropriated to the United States? And to what degree may not the United States be injured, on the contrary ground? It communicates with no foreign dominion; no foreign nation has ever before had a community of right in it, as if it were a main sea; under the former and present governments, the exclusive jurisdiction has been asserted. By the very first collection law of the United States, passed in 1789, the county of Cape May, which includes Cape May itself, and all the waters thereof (therefore within the jurisdiction of the State of New Jersey) are comprehended in the district of Bridgetown. The whole of the State of Delaware, reaching to Cape Henlopen, is made one district. Nay, unless these positions can be maintained, the bay of Chesapeake, which, in the same law, is so fully assumed to be within

the United States, and which, for the length of the Virginia territory, is subject to the process of several counties, to any extent, will become a rendezvous to all the world, without any possible control from the United States. Nor will the evil stop here. It will require but another short link in the process of reasoning to disappropriate the mouths of some of our most important rivers.

1793, November 8.-Secretary of State Jefferson to the British Minister.1

SIR: The President of the United States, thinking that, before it shall be finally decided to what distance from our seashores the territorial protection of the United States shall be exercised, it will be proper to enter into friendly conferences and explanations with the powers chiefly interested in the navigation of the seas on our coasts, and relying that convenient occasions may be taken for these hereafter, finds it necessary in the meantime to fix provisionally on some distance for the present government of these questions. You are sensible that very different opinions and claims have been heretofore advanced on this subject. The greatest distance to which any respectable assent among nations has been at any time given, has been the extent of the human sight, estimated at upwards of 20 miles, and the smallest distance, I believe, claimed by any nation whatever is the utmost range of a cannon ball, usually stated at a sea league. Some intermediate distances have also been insisted on, and that of three sea leagues has some authority in its favor. The character of our coast, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us, in reason, to as broad a margin of protected navigation as any nation whatever. Reserving, however, the ultimate extent of this for future deliberation, the President gives instructions to the officers acting under his authority to consider those heretofore given them as restrained for the present to the distance of one sea league, or three geographical miles, from the seashores. This distance can admit of no opposition, as it is recognized by treaties between some of the powers with whom we are connected in commerce and navigation and is as little, or less, than is claimed by any of them on their

own coasts.

1794, June 5.-—An Act in addition to the Act for the punishment of certain crimes against the United States.

SECTION 6. And be it further enacted and declared, That the district courts shall take cognizance of complaints, by whomsoever

1 Moore, International Law Digest, vol. 1, p. 702. A similar note was sent on the same day to the French minister. American State Papers, Foreign Relations, vol. 1, p 183. 2 U. S. Statutes at Large, vol. 1, p. 384.

instituted. in cases of captures made within the waters of the United States or within a marine league of the coasts or shores thereof.

1794, November 19.-Treaty of amity, commerce, and navigation with Great Britain.1

ARTICLE 25.. Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other, to be taken within cannon shot of the coast, nor in any of the bays, ports, or rivers of their territories, by ships of war, or others having commission from any prince, republic, or state whatever. But in case it should so happen, the party whose territorial rights shall thus have been violated, shall use his utmost endeavors to obtain from the offending party, full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war or merchant vessels.

1796, September 2.-Secretary of State Pickering to the Lieutenant Governor of Virginia.2

Our jurisdiction . . . has been fixed (at least for the purpose of regulating the conduct of the government in regard to any events arising out of the present European war) to extend three geographical miles (or nearly three and a half English miles) from our shores; with the exception of any waters or bays which are so landlocked as to be unquestionably within the jurisdiction of the United States, be their extent what they may.

1799, March 2.-An act to regulate the collection of duties on imposts and tonnage.3

SECTION 25. And be it further enacted, That every master or other person, having the charge or command of any ship or vessel, belonging in the whole or in part to a citizen or citizens, inhabitant or inhabitants of the United States laden with goods as aforesaid, and bound to any port or place in the United States, shall, on his arrival within four leagues of the coast thereof, or within any of the bays, harbors, ports, rivers, creeks or inlets thereof, upon demand, produce the manifest or manifests in writing, which such master or other person is required, as aforesaid, to have on board his said ship or vessel,

1U. S. Statutes at Large, vol. 8, pp. 116, 128; Malloy, vol. 1, pp. 590, 604. This article expired October 28, 1807.

2 Moore, International Law Digest, vol. 1, p. 704.

* U. S. Statutes at Large, vol. 1, pp. 627, 646, 647, 648, 668, 700.

to such officer or officers of the customs, . . . Provided always, that nothing herein contained shall be construed to require of such master or other person having the charge or command of such ship or vessel the delivery of more than one copy of each manifest to the officer or officers aforesaid, who shall first come on board of such ship or vessel within four leagues of the coast of the United States aforesaid, and one other copy to such officer or officers as shall first come on board within the limits of any district for which the cargo of such ship or vessel, or some part thereof, shall be consigned or destined, or shall be construed to require the delivery of any such copy to any other officer,

SECTION 26. And be it further enacted, That if the master or other person having the charge or command of any ship or vessel, laden as aforesaid, and bound to any port or place in the United States. shall not upon his arrival within four leagues of the coast thereof where the cargo of such ship or vessel, or any part thereof, is intended to be discharged, produce such manifest. . ., such master shall forfeit . . . a sum not exceeding five hundred dollars; . . . SECTION 27. And be it further enacted, That if, after the arrival of any ship or vessel, so laden with goods as aforesaid, and bound to the United States, within the limits of any of the districts of the United States, or within four leagues of the coast thereof, any part of the cargo of such ship or vessel shall be unladen for any purpose whatever from out of such ship or vessel as aforesaid, before such ship or vessel shall come to the proper place for the discharge of her cargo, or some part thereof, and shall be there duly authorized by the proper officer or officers of the customs to unlade the same, the master or other person having the charge or command of such ship or vessel, and the mate, or other person next in command, shall respectively forfeit and pay the sum of one thousand dollars, for each such offence, and the goods, wares, and merchandise, so unladen and unshipped. shall be forfeited and lost, except in the case of some unavoidable accident, necessity or distress of weather; of which unavoidable accident, necessity, or distress, the master or other person having the charge or command of such ship or vessel shall give notice to, and together with two or more of the officers or mariners (of which the mate or other person next in command shall be one) on board such ship or vessel, shall make proof upon oath before the collector or other chief officer of the customs of the district within the limits of which such accident, necessity or distress shall happen, or before the collector or other chief officer of the first district of the United States, within the limits of which such ship or vessel shall afterwards arrive, if the said accident, necessity or distress shall have happened not within the limits of any district, but within four leagues of the

coast of the United States, which oath the said collector, or other chief officer, is hereby authorized and required to administer.

SECTION 54. And be it further enacted, That it shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters, hereinafter mentioned, to go on board of ships or vessels in any port of the United States, or within four leagues of the coasts thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests aforesaid, and of examining and searching the said ships or vessels. . . .

SECTION 99. And be it further enacted, That the officers of the said revenue cutters shall be appointed by the President of the United States, and shall respectively be deemed officers of the customs, and shall be subject to the direction of such collectors of the revenue, or other officers thereof, as from time to time shall be designated for that purpose; they shall have power and authority, and are hereby required and directed to go on board all ships or vessels, which shall arrive within the United States, or within four leagues of the coast thereof, if bound for the United States, and to search and examine the same, and every part thereof, and to demand, receive, and certify the manifests hereinbefore required to be on board certain ships or vessels, and to affix and put proper fastenings on the hatches and other communications with the hold of any ship or vessel, and to remain on board the said ships and vessels, until they arrive at the port or place of their destination.

1800, May 17.-Secretary of State Madison to Messrs. Monroe and Pinckney, suggesting an article for negotiations with Great Britain.

It is agreed that all armed vessels belonging to either of the parties engaged in war shall be effectually restrained by positive orders, and penal provisions, from seizing, searching, or otherwise interrupting or disturbing vessels to whomsoever belonging, whether outward or inward bound, within the harbors or the chambers formed by headlands, or anywhere at sea, within the distance of four leagues from the shore, or from a right line from one headland to another; it is further agreed, that, by like orders and provisions, all armed vessels shall be effectually restrained by the party to which they respectively belong, from stationing themselves, or from roving or hovering so near the entry of any of the harbors or coasts of the other, as that merchantmen shall apprehend their passage to be unsafe, or in dan

1. S. Naval War College, International Law Topics und Discussions, 1913, p. 36.