[1087] 33 & 34 Vict., c. 90.
[1088] See pp. 592, 632.
[1089] Regina v. Keyn, Law Reports, Excheq. Div., ii., 1876-7, p. 63.
[1090] E.g., p. 204: “There are several treaties by which nations have engaged, in the event of either of them being at war with a third, to treat the sea within three miles of each other’s coasts as neutral territory,” the treaties being those referred to on p. 572. “After the three-mile theory had been propounded by Bynkershoek,” p. 177. Mr Justice Amphlett went further, and attributed a similar doctrine to Grotius: “All the earlier writers, including Grotius, the vigorous advocate of the free navigation of the high seas, and many of the later writers, maintained that within the zone of three miles the state had, without qualification,” &c., p. 122.
[1091] 41 & 42 Vict., c. 73.
[1092] 58 & 59 Vict., c. 42.
[1093] Hansard, xxxiii. 504. The Lord Chancellor (Lord Herschell), who followed, said : “He was far from saying that three miles was to be the limit of territorial waters for all time. Originally the distance was fixed by gunshot, and it was always said that the distance a gun could fire to was three miles. How far this principle was to be extended, and whether it was to be extended indefinitely, was a question for consideration, and it was a question which would not be without its difficulty.” Lord Salisbury referred to a gun which was fired on Jubilee Day and carried twelve miles, and Lord Herschell to one which had a range of thirteen miles.
[1094] 9 Geo. II., c. 35; 24 Geo. III., c. 47; Twiss, The Law of Nations in Time of Peace, 261; Hall, A Treatise on the Foreign Powers and Jurisdiction of the British Crown, 244.
[1095] 16 & 17 Vict., c. 107, ss. 212, 218; 39 & 40 Vict., c. 36, s. 179.
[1096] Kent, Commentaries, i. 31; Wheaton, Elements, 267, 323.