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Inn and became an advocate at Doctors' Commons. During his very successful legal career he enjoyed a large practice in the ecclesiastical courts, holding many positions incidental thereto; was professor of international law at King's College, London; queen's counsel, advocate general to the admiralty, and queen's advocate general. He also served upon a great number of royal commissions dealing with such matters as marriage law, neutrality, naturalization and allegiance, and was invited by the King of the Belgians to draw up the constitution of the Kongo Free State.

Among the more notable of his numerous publications are: The Law of Nations Considered as Independent Political Communities; The Rights and Duties of Nations in Time of Peace, 1861, second edition, 1884; and The Rights and Duties of Nations in Time of War, 1863, second edition, 1875, both of which works appeared in French in 1887.

DE VATTEL, EMMERIC. A Swiss jurist and publicist; born in 1714; died in 1767; studied at Basel and Geneva; representative of Augustus of Saxony and Poland at Berne from 1746-58. He wrote: Loisirs philosophiques, 1747; Mélanges de littérature, de morale et de politique, 1757, and also his work Droit des gens, ou Principes de la loi naturelle, etc., 1758, for which he is justly famous. The work was translated into numerous foreign languages and is still of great value. An English translation, under the title, The Law of Nations, or the Principles of Natural Law applied to the Conduct and to the Affairs of Nations and of Sovereigns, was made by Charles G. Fenwick for the classics of International Law, Washington, 1916.

WESTLAKE, JOHN. An English legal scholar; born in 1828; died in 1913; honorary member of the Institute of International Law; fellow of Trinity College, Cambridge; professor of international law in the University of Cambridge; member for Great Britain of the International Court of Arbitration at The Hague in 1899. His publications include: A Treatise on Private International Law, third edition 1890; and Chapters on the Principles of International Law, 1894; International Law, 1904-1907; second edition, 1910-1913. WHEATON, HENRY. An American lawyer, diplomat, and publicist; born in 1785; died in 1848. Mr. Wheaton practiced law in the City of New York and was reporter of the United States Supreme Court. The Reports published by him in twelve volumes are of exceptional value. In 1825 he was appointed member of the commission to revise the statute law of New York; was sent as chargé d'affaires to Denmark in 1827; was appointed minister resident to the Court of Prussia, and from 1837 to 1846 was minister plenipotentiary there. A treaty negotiated by him in 1844 formed the basis upon which future German treaties were drawn up. His best work is the Elements of International Law. It has been published in many editions in America, and translated into French, Chinese, and Japanese. The eighth edition, edited with notes by Richard Henry Dana, jr., was published in Boston in 1866. Among his other publications are: A Digest of the De cisions of Supreme Court of the United States from Its Establishment in 1789 to 1820, 1820-29; Histoire du progrès des gens en Europe depuis la paix de Westphalie jusqu'au congrès de Vienne, avec un précis historique du droit des gens européens avant la paix de Westphalie, 1841, and An Enquiry into the Validity of the British Claim to a Right of Visitation and Search of American Vessels suspected to be engaged in the Slave Trade, 1842.

PART I.

VIEWS OF REPRESENTATIVE PUBLICISTS.

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EXTRACTS FROM WORKS ON INTERNATIONAL LAW CONCERNING THE EXTENT OF

THE MARGINAL SEA.

AZUNI: Droit Maritime de l'Europe. Paris, 1805.
} $° 11° (= 15) p. 253.

Page 254, § 17.-It is already established 'among polished nations that in places where the land by its curve forms a bay or a gulf we must suppose a line to be drawn from one point of the inclosing land to the other or along the small islands which extend beyond the headlands of the bay, and that the whole of this bay or gulf is to be considered as territorial sea, even though the center may be in some places at a greater distance than 3 miles from either shore.

BARCLAY: Problems of International Practice and Diplomacy.
Boston, 1907.

ASSIMILATION OF PRACTICE RELATING TO TERRITORIAL WATERS.

Page 109.-No branch of International Law is in a more unsatisfactory condition than that of the rights and duties arising out of the possession and user of the margin of sea, along the coast-line of States, called "territorial waters." No general understanding has yet been arrived at on such an essential matter as the width of the margin, and even the nature of the dominion the adjacent State is entitled to exercise is still the subject of controversy.1

In the Franconia Case (R. v. Keyn, 1876, 2 Ex. D. 63, and 46 L. J. Rep. M. C. 17), the Court for the Consideration of Crown Cases Reserved held by a majority of seven against six, that the Central Criminal Court had no jurisdiction to try offenses by foreigners on board foreign ships though committed within the limit of 3 miles from the shore. This decision led to the adoption of the Territorial Waters Jurisdiction Act (41 and 42 Vict., c. 73, 1878), by which it was enacted that an offense committed by any person on the open sea within the territorial waters of Her Majesty's dominions, although committed

1 A question which might be raised in circumstances which have not yet arisen is the extent of the sovereignty of the adjacent State in case of tunnelling beneath the sea. The analogies are favorable to the recognition of the right of the adjacent State to exercise its sovereignty under the sea-bed to the point at which it meets another State equidistant from the coast. The nearest analogy is the case of rivers over which adjacent States exercise jurisdiction to any equidistant dividing line (Thalweg). the present writer, "Channel Tunnel," Westminster Review, Feb. 1907.

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