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shall be mutually agreed upon for the purpose of establishing a permanent coaling and repair station.
Ground thus acquired was to remain under Tongan sovereignty. Article XIV specified that this agreement regarding a coaling and repair station could be abrogated only by mutual consent.” So far as can be ascertained, this agreement is still in force, but no use has been made by the United States of the privilege thus acquired.
Although the United States does not own the island of Yap, it has important treaty rights there. The island is of volcanic origin and is in latitude 9° 30' N., longitude 138° 10' E. Including adjacent coral reefs, it is about 35 by 44 miles in extreme dimensions, and its area is about 80 square miles. Its highest point is 1,050 feet above
It was formerly a German possession and is now a Japanese mandate.
By treaty with Japan, ratified by the United States Senate March 1, 1922, the United States acquired free access to the island of Yap on a footing of entire equality with Japan
• in all that relates to the existing Yap-Guam cable or of any cable which may hereafter be laid or operated by the United States or its nationals connecting with the island of Yap. The United States and its nationals
have the right to acquire and hold all kinds of property and interests,
including lands, buildings
No permit or license shall be required for landing or operating cables. Freedom of entry and exit is granted.
No taxes, port, harbor, or landing charges or exactions of any nature whatserer shall be levied either with respect to the operation of cables or radio stations, or with respect to property, persons, or vessels.
Under the commonly accepted principles of international law diplomatic representatives are immune from the criminal and civil jurisdiction of the country of their sojourn, and this immunity is, generally speaking, extended to their dwellings and the archives of the missions. The official residences of envoys are “in a sense and for some points only considered as though they were outside of the territory of the receiving States.” 78 " These can not be entered, searched, or detained under process of local law or by local authorities” 70 unless with the consent of the envoy.
The diplomatic missions of the United States in China, Cuba, Japan, Morocco, Panama, Salvador, Siam, and Turkey occupy buildings owned by this Government, and funds have been appropriated by Congress for the purchase of others in Chile (1920), Costa Rica (1917), and Mexico (1914).
11 Malloy, W. M., op. cit., vol. 2, p. 1781. * Oppenheim, L., International law, a treatise, vol. 1, p. 443. * Moore, J. B., op. cit., vol. 4, p. 646.
Similar rules apply to men-of-war, which, when sailing or at anchor in foreign waters, are subject only to the laws of the nations whose flags they fly.
* Territorial waters" is the term applied to the part of the open sea over which a bordering nation may claim jurisdiction for its own protection. It is generally conceded that jurisdiction over a helt of water along the coast 1 marine league (about 31 statute miles) wide, measured from the low-water line, may be thus claimed, but the passage of neutral vessels engaged in peaceful pursuits through this area may not be forbidden.
The general rule regarding territorial waters has many exceptions and“ now has no legal basis except the so-called 'common consent of nations.' " 80
Bays or arms of the sea, if in large part surrounded by the territory of a single nation, are usually considered entirely within the jurisdiction of that nation, even though the entrances are more than 2 leagues across.
The Hague tribunal in September, 1910, decided in the special case submitted to it (regarding fisheries in the North Atlantic) that for bays contiguous to the territory of the Dominion of Canada the 3 marine miles are to be measured from a straight line drawn across the body of water at the place where it ceases to have the configuration and characteristics of a bay. At all other places the 3 marine miles are to be measured following the sinuosities of the coast. S1
These rules do not now apply to other localities but may be considered as precedents for future agreements.
THE PUBLIC DOMAIN AND THE CHANGES MADE
CESSIONS BY THE STATES.
In 1776, when the thirteen colonies declared their independence of England, many of them possessed unoccupied territory, much of which was entirely detached and lay west of the Appalachian Mountains. Thus Georgia included the territory from its present eastern limits westward to Mississippi River. North Carolina possessed a strip extending from latitude 359.to 36° 30' approximately and running westward to the Mississippi, which included the area of the present State of Tennessee. In like manner Virginia possessed what is now Kentucky, and a number of States, including Pennsylvania, New York, Massachusetts, Connecticut, and Virginia, laid claims to areas in what was afterward known as the Territory northwest of the River Ohio, a region now contained mainly in the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin. These claims were to a greater or less extent conflicting. Authority over some areas was claimed by several States, and most of the boundary lines were very ill-defined.
50 Encyclopaedia Britannica, 11th ed., vol. 14, p. 698.
82 Charles, Garfield, Treaties, conventions, etc., between the United States of America and other powers: 62d Cong., 3d sess., S. Doc. 1063, p. 69, 1913.
The ownership of these western lands by individual States was opposed by those States that did not share in their possession mainly on the ground that the resources of the General Government, to which all contributed, should not be used for the protection and development of this region, the advantages of which would inure to the benefit of only a favored few.
Moved by these arguments, as well as by the conflicting character of the claims, which must inevitably lead to trouble among the States, Congress passed, on October 30, 1779, the following act:
Whereas the appropriation of the vacant lands by the several States during the continuance of the war will, in the opinion of Congress, be attended with great mischiefs: Therefore,
Resolved, That it be earnestly recommended to the State of Virginia to reconsider their late act of assembly for opening their land office; and that it be recommended to the said State, and all other States similarly circumstanced, to forbear settling or issuing warrants for unappropriated lands, or granting the same during the continuance of the present war.
This resolution was transmitted to the different States. The first to respond to it by the transfer of her territory to the General Government was New York, whose example was followed by the other States. These transfers were the origin of the public domain. The cessions were made on the dates given below:
New York, March 1, 1781.
Virginia, March 1, 1784, and amendment of December 30, 1788. The deed of cession by Virginia gives no limits further than to specify that the lands transferred include only those lying northwest of Ohio River.
Massachusetts, April 19, 1785.
Connecticut, September 13, 1786. The Connecticut act of cession reserved an area in the northeastern part of Ohio, known as the Western Reserve. On May 30, 1800, Connecticut gave to the United jurisdiction over this area, but without giving up its property rights
South Carolina, August 9, 1787.
The following paragraph from the deed of cession by New York defines the limits of its grant to the General Government : 82
Now, therefore, know ye, that we, the said James Duane, William Floyd, and Alexander M’Dougall, by virtue of the power and authority, and in the execution of the trust reposed in us, as aforesaid, have judged it expedient to limit and restrict, and we do, by these presents, for and in behalf of the said State. of New York, limit and restrict the boundaries of the said State in the western parts thereof, with respect to the jurisdiction, as well as the right or preemption of soil, by the lines and in the form following, that is to say: A line from the northeast corner of the State of Pennsylvania, along the north bounds thereof to its northwest corner, continued due west until it shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north latitude, through the most westerly bent or inclination of Lake Ontario; thence by the said meridian line to the forty-fifth degree of north latitude; and thence by the said forty-fifth degree of north latitude; but, if on experiment, the abovedescribed meridian line shall not comprehend twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do, by these presents, in the name of the people, and for and on behalf of the State of New York, and by virtue of the authority aforesaid, limit and restrict the boundaries of the said State in the western parts thereof, with respect to jurisdiction, as well as the right of pre-emption of soil, by the lines and in the manner following, that is to say: a line from the northeast corner of the State of Pennsylvania, along the north bounds thereof, to its northwest corner, continued due west until it shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north latitude, through a point tweny miles due west from the most westerly bent or inclination of the river or strait Niagara; thence by the said meridian line to the forty-fifth degree of north latitude, and thence by the said forty-fifth degree of north latitude:
The following paragraph from the deed of cession by Massachusetts gives the limits of the area ceded : 83
[We] do, by these presents assign, transfer, quitclaim, cede, and convey to the United States of America, for their benefit, Massachusetts, inclusive, all right, title, and estate of and in, as well the soil as the jurisdiction, which the said Commonwealth hath to the territory or tract of country within the limits of the Massachusetts charter situate and lying west of the following line, that is to say, a meridian line to be drawn from the forty-fifth degree of north latitude through the westerly bent or inclination of Lake Ontario, thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter; but if on experiment the above-described meridian line shall not comprehend twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents, by virtue of the power and authority aforesaid, in the name and on behalf of
82 Donaldson, Thomas, The public domain, its history with statistics, p. 67, Washington, Public Land Commission, 1884.
83 Idem, pp. 71-72.
the said Commonwealth of Massachusetts, transfer, quitclaim, cede, and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title, and estate of and in as well the soil as the jurisdiction, which the said Commonwealth hath to the territory or tract of country within the limits of the Massachusetts charter, situate and lying west of the following line, that is to say, a meridian line to be drawn from the forty-fifth degree of north latitude through a point twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara ; thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter aforesaid,
The following clause from the act of the Legislature of Connecticut, authorizing the cession, defines its limits : 84 Be it enacted
That the delegates of this State, or any two of them, who shall be attending the Congress of the United States, be, and they are hereby, directed, authorized, and fully empowered, in the name and behalf of this State, to make, execute, and deliver, under their hands and seals, an ample deed of release and cession of all the right, title, interest, jurisdiction, and claim of the State of Connecticut to certain western lands, beginning at the completion of the forty-first degree of north latitude, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line drawn north, parallel to and one hundred and twenty miles west of the said west line of Pennsylvania, and to continue north until it comes to forty-two degrees and two minutes north latitude. Whereby all the right, title, interest, jurisdiction, and claim of the State of Connecticut, to the lands lying west of said line to be drawn as aforementioned, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, shall be included, released, and ceded to the United States in Congress assembled, for the common use and benefit of the said States, Con. necticut inclusive.
Connecticut reserved by this deed both the title and jurisdiction orer a tract of her western lands lying between the western boundary of Pennsylvania and the then eastern boundary of her cession, comprising a strip 120 miles long and of irregular width lying between parallels 41° and 42° 2' N. (the northeastern part of the present State of Ohio) and known as the “ Western Reserve" of Connecticut in Ohio. Connecticut by act of legislature in October, 1797, tendered a release of jurisdiction over this tract to the United States, which Congress accepted April 28, 1800, and Connecticut confirmed May 30, 1800. A portion of this area, lying in the present Ohio counties of Erie, Huron, and Ottawa, was known as the "Fire lands” from the fact that the lands were donated by Connecticut for the use of citizens of Danbury and other places for losses by fire and raids by British troops during the Revolution.
The cession of South Carolina was described as follows: 85
all the territory or tract of country included within the river Mississippi and a line beginning at that part of the said river which is intersected by the
"Donaldson, Thomas, op. cit., p. 73. * Idem, p. 76.