QUESTION FIVE. 127 



endeavors to obtain from the offending party full and ample satisfac- 

 tion for the vessel or vessels so taken, whether the same be vessels of 

 war or merchant vessels. 



In this proposed treaty, the Commissioners on the part of the two 

 Governments formally recognized maritime jurisdiction to be limited 

 to a cannon shot, or three marine miles from the shore, unless modi- 

 fied by convention or long continued usage; but considering it ex- 

 pedient to make special provisions respecting the maritime jurisdic- 

 tion of the High Contracting Parties on the coasts of their respective 

 possessions in North America on account of peculiar circumstances 

 appertaining to those coasts, it was agreed that as between the two 

 nations, the line of maritime jurisdiction in case of one country be- 

 ing engaged in war, and the other at peace, should extend " five 

 marine miles from the shore belonging to the said neutral power on 

 the American seas." 



The Commissioners recognized that this was an extension of mari- 

 time jurisdiction, and in Article 19 of the treaty, agreed that neither 

 nation would permit the ships or goods belonging to the subjects or 

 citizens of the other to be taken within cannon shot of the coast,nor 

 within the jurisdiction described in Article 12. In short it was agreed 

 that the rule of international law, then recognized by the two powers, 

 confined maritime jurisdiction to a cannon shot from the shore. The 

 words, " coast " and " shore ", were used in the treaty interchangeably ; 

 for in Article 19 it is provided that neither party would permit a 

 seizure within cannon shot of the coast, nor within the jurisdiction 

 described in Article 12, which was " within five marine miles from 

 the shore." 



The Secretary of State submitted a proposed article to be incor- 

 porated in the treaty, which is cited in the British Case 6 without the 

 important statement being made that the proposal was vigorously 

 resisted and declined by Great Britain : 



It is agreed that all armed vessels belonging to either of the par- 

 ties engaged in war, shall be effectually restrained by positive orders 

 and penal provision from seizing, searching or otherwise interrupt- 

 ing or disturbing vessels to whomsoever belonging, whether outward 

 or inward bound, within the harbors 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 headland to another. 



a TJ. S. Counter Case, Appendix, 25. 



6 British Case, 86. 



British Case, Apjendix, 60. 



