[1077] American State Papers, Foreign Relations, v. 452; Parl. Papers, ibid., App. II. pt. ii. No. 5; Wheaton, Elements, 308.
[1078] Treaty between Russia and the United States, April 17th, 1824, Art. i. iv.; treaty between Great Britain and Russia, 28th Feb. 1825, Art. i. vii. Martens, Nouv. Recueil, vi. 684. Parl. Papers, ibid., 52, 53.
[1079] In 1842. Parl. Papers, ibid., 83.
[1080] In 1846. Ibid., 84.
[1081] Ibid., 87.
[1082] E.g., the case of the Leda, in which Dr Lushington claimed that the term United Kingdom included the waters to a distance of three miles from the shore (Swa., Adm., 40); General Iron Screw Company, in which Lord Hatherly said that it was “beyond question that for certain purposes every country may, by the common law of nations, legitimately exercise jurisdiction over that portion of the high seas which lies within three miles from its shores,”—whether this limit was determined by the range of cannon was not material, since it was clear it extended at any rate to that distance (1 J. and H., 180); Whitstable Fishery Case, in which it was said that the soil of the seashore to the distance of three miles from the beach was vested in the crown, and in which Lord Chelmsford observed that “the three-mile limit depends upon a rule of international law, by which every independent state is considered to have territorial property and jurisdiction in the sea which washes their coast within an assumed distance of a cannon-shot from the shore” (11 C.B. (N.S.), 387; 2 H.L.C., 192); the Annapolis, in which Dr Lushington said. “Within British jurisdiction, namely, within British territory, and at sea within three miles from the coast” (1 Lush., Adm., 306); Rex v. Forty-nine Casks of Brandy, in which Sir John Nicholl said that “as between nation and nation, the territorial right may, by a sort of tacit understanding, be extended to three miles” (3 Haggard, 257); Gammell v. Commissioners Woods and Forests and Lord Advocate, in which Lord Wensleydale referred to the distance of three miles as belonging, by the acknowledged law of nations, to the coast of the country, and “under the dominion of the country by being within cannon range, and so capable of being kept in perpetual possession” (3 MacQueen, H.L., 419).
[1083] This subject is treated of by Mr A. H. Charteris, Lecturer in International Law, University of Glasgow, in a paper read before the International Law Association at Berlin in 1906 (Twenty-third Report, 103).
[1084] Two small islands in the Channel.
[1085] Bell, Crown Cases Reserved, 72. See Hall, Internat. Law, 5th edit., p. 156; Westlake, Internat. Law, i. 118.
[1086] The Direct United States Cable Company v. the Anglo-American Telegraph Company, Privy Council, 1877. Law Reports, Appeal Cases, ii. 394.