QUESTION FIVE. 213 



Lord Stowell, in 1801, in the case of the Twee Gebroeders^ 3 Hob., 

 336-9, held : 



In the sea, out of the reach of cannon-shot universal, use is pre- 

 sumed. * * * Portions of the sea are prescribed for; so are 

 rivers flowing through contiguous states. * * * But the gen- 

 eral presumption certainly bears strongly against such exclusive 

 rights and the title is a matter to be established, on the part of those 

 claiming under it, in the same manner as all other legal demands 

 are to be substantiated by clear and competent evidence. 



The same authority, in delivering the opinion in 1800, in the Twee 

 Gebroeders, Alberts, Master, 3 Hob., 162-3, said: 



She was lying in the eastern branch of the Eems, within what may 

 I think be considered as a distance of three miles at most from East 

 Friesland. * * * I am of opinion that the ship was lying within 

 those limits, in which all direct hostile operations are by the law of 

 nations forbidden to be exercised. 



Heffter: Le Droit International de VEurope, published in 1844, 

 French edition of 1883, section 75 : 



Common usage has established the range of cannon as the distance 

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

 a line of limitation which not only has obtained the support of Gro- 

 tius, Bynkershoek, Galiani, and Kliiber but has likewise been estab- 

 lished by the laws and regulations of many nations. * * * Now 

 it is considered ordinarily as three marine miles. 



Sir Robert Phillimore in his Commentaries upon International 

 Law, first published in 1854 (citing from edition of 1879, vol. I, 

 page 274) , stated : 



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 : " quousque e terra imperari 

 potest," " quousque tormenta exploduntur," or " terrae dominium 

 finitur ubi finitur armorum vis," is the language of Bynkershoek. 

 "In the sea, out of the reach of cannon shot (says Lord Stowell), 

 universal use is presumed." This is the limit fixed to an absolute 

 property and jurisdiction. 



Sir Travers Twiss in his work on The Law of Nations, published 

 in 1861 (citing from the edition of 1884, page 292), said: 



Upon this principle a neutral nation is held to be entitled to pre- 

 clude belligerent powers from carrying on mutual hostilities upon 

 the open sea within a certain distance of its coast. That distance as 

 between nation and nation is held to extend as far as the safety of a 

 nation renders it necessary and its power is adequate to assert it; 

 and, as that distance can not with convenience to other nations, be 

 a variable distance depending upon the presence or absence of an 



