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14
ARGUMENT OF THE UNITED STATES

and the United States would apply to private litigants. Any court would admit evidence showing the attitude in which the jprrties stool toward the subject matter of contract. [t is further said that:

Jn ackdlition, the onderstanding which the vetion nist tend te show is that of ‘ihe Parties, that is to say, of both Pavties, Action by one Party pot known to the other Party will net temd to show this.[1]

If one party took aetion whieh showed that it understood that the Treaty meant a certain thing. and if the other purty took wetion which showed that such party had the same understanding, and if proof of such actions be made to the Tribunal it does not nuke a particle of diflerence whether or vot these separate acts of the sey- eral parties were known to the other party, If Great Britain bad passed an Act of Parliament veviting that by the Treaty Russia owned all of the interior waters and cousts in question, and had peaslized any trespass upon them by British subjects. would it have made any difference as to the understanding of Great Brituin of the Treaty that this Act was never known to Russia? If there were such an act would the United Stutes have to show that Russia knew of it, and assented to it lefore it could he admitted in evi- dence’ AH) separate aets of the parties tending to show their respective understandings ure admissible, Uf they show the sunie anderstanding they are conchisiye. It is only neeessary to show knowledge upon the part of the other party where it is sought to set up assent or acquiescence, In such cases knowledge nmimst be shown or the aet must haye such characteristics that knowledge of it wtust be assumed.

FOURTH.

TERRITORIAL WATERS IN INTERNATIONAL LAW.

DISTINCTION BETWEEN THE OUTER AND INNER COAST LINE.

An eminent English publicist bas said that ~*certain physical peculiarities of cousts in various parts of the world. where land impinges on the sea in an tonsual manner, require to be notived as affecting the territorial houndary. Otf the coast of Florida, among the Bahamas, along the shores of Cuba, and in the Pacitie. are to be found groups of mumerous islands and islets rising out

of vast banks, which are covered with very shoal water, and cither


  1. B. C. C., p. 66.