DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 103 



immunity should correspond with the claims maintained by Great 

 Britain, around her own territory. Without any particular inquiry 

 into the extent of these, it may be observed, 1st. That the British 

 Act of Parliament in the year 1736. 9 G. II. c. 35, supposed to be that 

 called the Hovering Act, assumes, for certain purposes of trade, the 

 distance of four leagues from the shores. 2d. That it appears that, 

 both in the reign of James I, and of Charles II, the security of the 

 commerce with British ports was provided for by express prohibi- 

 tions, against the roving or hovering of belligerent ships so near 

 the neutral harbours and coasts of Great Britain, as to disturb or 

 threaten vessels homeward or outward bound, as well as against bel- 

 ligerent proceedings generally, within an inconvenient approach to- 

 wards British territory. 



With this example, and with a view to what is suggested by our 

 own experience, it may be expected that the British Government will 

 not refuse to concur in an article to the following effect : 



It is agreed that all armed vessels belonging to either of the parties engaged 

 in war, shall be effectually restrained by positive orders, and penal provisions, 

 from seizing, searching, or otherwise interrupting or disturbing vessels to 

 whomsoever belonging, whether outward or Inward bound, within the har- 

 bours or the chambers formed by headlands, or anywhere at sea, within the 

 distance of four leagues from the shore, or from a right line from one head- 

 laud to another; it is further agreed, that, by like orders and provisions, 

 all armed vessels shall be effectually restrained by the party to which they 

 respectively belong, from stationing themselves, or from roving or hovering 

 so near the entry of any of the harbours or coasts of the other, as that 

 merchantmen shall apprehend their passage to be unsafe, or in danger of 

 being set upon and surprised ; and that in all cases where death shall be 

 occasioned by any proceeding contrary to these stipulations, and the offender 

 cannot conveniently be brought to trial and punishment under the laws of the 



party offended, he shall, on demand made within months, be delivered 



up for that purpose. 



If the distance of four leagues cannot be obtained, any distance 

 not less than one sea league may be substituted in the article. It 

 will occur to you that the stipulation against the roving and hovering 

 of armed ships on our coasts so as to endanger or alarri trading ves- 

 sels, will acquire importance as the space entitled to immunity shall 

 be narrowed. 



61 No. 12. 1806, November H: Letter from Lord Holland and 

 Lord Auckland (British Commissioners] to Lord Howick. 



Private. 



HOLLAND HOUSE Nov. 14th 1806 



MY LORD, In elucidation of the subject of our public despatch we 

 beg leave to lay before you the following observations on the nature 

 of the extension of jurisdiction suggested by the American Commis- 

 sioners, on the real value of such a concession compared with that 

 which they seem to set upon it as well as the reasons which in our 

 opinion induce them to urge it so strenuously. 



The distance of a cannon shot from shore is as far as we have been 

 able to ascertain the general limit of maritime jurisdiction and 

 that distance is for the sake of convenience practically construed 



