APPENDIX 447 



The six miles are the consequence of the three miles mar- 

 ginal belt of territorial waters in their coincidence from 

 both sides at the inlets of the coast and the ten miles far 

 from being an arbitrary measure are simply an extension, 

 a margin given for convenience to the strict six miles with 

 fishery purposes. Where the miles represent sixty to a 

 degree in latitude the ten miles are besides the sixth part 

 of the same degree. The American Government in reply 

 to the observations made to Secretary BAYARD'S Memo- 

 randum of 1888, said very precisely: "The width of ten 

 miles was proposed not only because it had been followed 

 in Conventions between many other powers, but also be- 

 cause it was deemed reasonable and just in the present 

 case; this Government recognizing the fact that while it 

 might have claimed a width of six miles as a basis of 

 settlement, fishing within bays and harbors only slightly 

 wider would be confined to areas so narrow as to render 

 it practically valueless and almost necessarily expose the 

 fishermen to constant danger of carrying their operations 

 into forbidden waters. ' ' (British Case Appendix, page 416) . 

 And Professor JOHN BASSET MOORE, a recognized authority 

 on International law, in a communication addressed to the 

 Institute of International law, said very forcibly: "Since 

 you observe that there does not appear to be any convincing 

 reason to prefer the ten mile line in such a case to that 

 of double three miles, I may say that there have been 

 supposed to exist reasons both of convenience and of safety. 

 The ten mile line has been adopted in the cases referred 

 to as a practical rule. The transgression of an encroach- 

 ment upon territorial waters by fishing vessels is generally 

 a grave offense, involving in many instances the forfeiture 

 of the offending vessel, and it is obvious that the narrower 

 the space in which it is permissible to fish the more likely 

 the offense is to be committed. In order, therefore, that 

 fishing may be practicable and safe and not constantly 



