QUESTION FIVE. 215 



Professor L. Oppenheim, Whewell Professor of International Law at 

 Cambridge, in his work on International Law, vol. 1, page 241, says: 



Since at the end of the 18th century the range of artillery was 

 about three miles or one marine league, that distance became gener- 

 ally recognized as the breadth of the maritime belt. 



It is certain that, whether the customary law of nations in 1818 

 was that the range of cannon or three marine miles was the limit 

 of the territorial sea, Great Britain and the United States had iden- 

 tified before 1818 the cannon-shot rule with the three-mile rule. 



AUTHORITIES AND PRECEDENTS REFERRED TO IN THE BRITISH 



CASE. 



The opinions of jurists and publicists, relied upon in the British 

 Case to establish that the usage of nations is inconsistent with the 

 position of the United States, including Phillimore, Hall, Azuni, 

 Bluntschli, Vattel, and Hautefeuille, have been cited, with many 

 others, in this argument as supporting the view of the United States. 

 An examination of these authorities will disclose that their opinions 

 support the position of the United States. 



The United States does not deny that special agreements between 

 various powers have been entered into providing that all bays which 

 do not exceed ten miles in width are territorial bays; and that such 

 treaties or agreements are binding upon the nationals of the signa- 

 tory powers. The convention of August 2, 1839, between Great Britain 

 and France; the convention of 1867, between the same powers; the 

 agreement between Great Britain and Germany in 1874; the similar 

 agreement between the German and the Danish Governments in 

 1880; the North Sea Fisheries Convention of May 6, 1882, were 

 all extensions of the territorial sea, and were so regarded. 



The proceedings of the Institute of International Law in 1894, 

 show that the opinion of that learned body, that the maritime belt 



Lord Stowell : Twee arebroeders, 3 Rob., 162-3 ; 336-9 ; The Anna, 5 Rob., 

 373 ; Unratified Treaty of 1806, U. S. Counter Case Appendix, 22 ; Note from Mr. 

 Jefferson to M. Genet, Minister of France in United States, British Case Appen- 

 dix, 56 ; Note from Mr. Jefferson to Mr. Hammond, British Minister in the United 

 States, British Case Appendix, 57; Extract from note of Mr. Adams to Mr. 

 Monroe, stating conversation with Lord Bathurst, British Case Appendix, 65; 

 Note from Mr. Adams to Lord Bathurst, British Case Appendix, 67 ; Note from 

 Lord Holland and Lord Auckland to Lord Howick, British Case Appendix, 61 ; 

 Note from Messrs. Monroe and Pinkney to Mr. Madison, Secretary of State, 

 U. S. Counter Case Appendix, 96; Treaty between United States and Great 

 Britain, February 29, 1892, U. S. Compilation of Treaties in Force, 1904, 355; 

 Award of Tribunal of Arbitration under treaty of February 29, 1892, U. S. 

 Compilation of Treaties in Force, 1904, 357. 



