ARGUMENT OF CHARLES B. WARREN. 1207 



of the 29th February, 1892 (the Behring Sea Treaty), United States 

 Compilation of Treaties in Force, 1904, p. 357, also to be found in 

 the Proceedings of the Fur Seal Arbitration. 



An examination of these authorities and of the treaties and evi- 

 dence referred to will show that there had been an identification of 

 the range of cannon shot with the 3-marine-mile rule by the United 

 States and Great Britain, and that when maritime jurisdiction was 

 discussed between the two Powers, it was understood that the juris- 

 diction extended 3 marine miles from the shore except in the case of 

 bodies of water prescribed for in accordance with the rule of law to 

 which I have already referred. 



However, on the proposition that the cannon-shot rule had been 

 identified by the nations of the world with the 3-marine-mile rule, I 

 wish to call to the attention of the Tribunal some authorities. 



Galiani, " Dei Doveri de Principi Neutrali verso i Principi Guerre- 

 gianti," p. 422, published in 1782; British extract, p. 2: 



" It seems to me reasonable however that .... the distance of three 

 miles from shore should be fixed and given once and for all as that 

 which is surely the greatest that a ball or bomb can be driven with the 

 force of the powder so far discovered." 



Ortolan, " Diplomatie de la Mer," first published in 1844, citing 

 from edition of 1853, vol I, p. 171 ; United States extract, p. 5 : 



" The greatest range of cannon, according to the ordinary progress 

 of the art at each epoch, is therefore the best universal measure to 

 adopt." 



Sir Robert Phillimore, " International Law," first published in 

 ^1854, citing from edition of 1879, vol. I, pp. 274 and 276; United 

 States extract, pp. 1 and 3 : 



" But the rule of law may be now considered as fairly established 

 namely, that this absolute property and jurisdiction does not extend, 

 unless by the specific provisions of a Treaty or an unquestioned usage, 

 beyond a marine league (being three miles), or the distance of a 

 cannon shot, from the shore at low tide : " 



" The limit of territorial waters has been fixed at a marine league, 

 because that was supposed to be the utmost distance to which a 

 cannon-shot from the shore could reach." 



Heffter, " Le Droit International de 1'Europe," first published in 

 1844, citing from edition of 1883, sec. 75 ; United States extract, pp. 

 1 and 2 : 



" Common usage has established the range of cannon as the distance 

 within which it is not lawful to trespass except in exceptional cases. 

 .... The line of the range of cannon shot although considered the 

 common rule does not present an invariable standard and may be 

 fixed in miles by the laws of each state, at least provisionally. For- 

 merly it was made two leagues. Now it is considered ordinarily as 

 three marine miles." 



