This study is not written from the narrow perspective of "Who gets
the oil?" It is a thoughtful probing of an issue-the ownership and
control of the submerged soils of the marginal sea-the outcome of
which may go far to determine the division of powers between states
and nation under the American federal system. American
constitutional law, international law, theory of federalism,
American politics, the machinations of pressure groups, use of
propaganda techniques, and issues of social and economic policy-all
these features of American government and many more are inherent in
the controversy. In 1947, in a precedent-making decision, the
Supreme Court enunciated the principle that the federal government,
not the states, has "paramount rights in and power over" the
marginal seas which border the coastal states, and has "full
dominion over the resources under that water area, including oil."
For more than 150 years the littoral states had exercised
uncontested jurisdiction and ownership over the marginal-sea area,
subject only to the powers specifically granted to the national
government by the Constitution. The states had regulated the
fisheries within the three-mile limit, applying state laws to
vessels licensed under federal statutes. Long before oil
possibilities were thought of, they had granted or leased areas in
the marginal seas to private persons and corporations for purposes
of land reclamation and harbor development, dredging for sand and
gravel, development of oyster beds, and similar projects. These
property rights can far exceed in value the wealth to be derived
from petroleum. A just settlement of the issue, says the author,
calls for restoration to the states of control of the marginal sea
out to their historical boundaries-three miles in most cases; three
leagues, or ten and one-half miles, in the case of Texas and the
west coast of Florida. This study is based upon thorough
investigation of all literature on the subject and personal
interviews and correspondence with leaders on both sides of the
controversy.
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