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dangerous semi-submerged rock well away from land in the fairway of the great shipping routes in the British Channel, its main object is the protection of the peaceful commerce and shipping of British and other nations frequenting these routes. This end can be attained without the assertion of sovereignty or juris- diction over the rock itself, on which, however, it is natural that Great Britain, as the nation of all others most interested, should take upon herself the crection and maintenance of the lighthouse.

The building of a fort on such a rock would, on the other hand, constitute a direct claim of sovereignty in the most definite form, which could not possibly be disputed.

It may, indeed, be contended that the theory that occupation of territory is effective where such occupation is for the purpose of a lighthouse only is not one which it is, to the interest of this country, to uphold, since it might lead to the abandonment of the well-established principle of the inviolability of lighthouses, and to the consequent destruction of the Eddystone Lighthouse by an enemy in time of war, and I am to transmit to you copy of a letter from the Board of Trade. drawing attention to this side of the question, and inclosing copies of correspond- ence which passed in 1895 and 1897 between the Board of Trade, Trinity House, and the Admiralty, on the cognate subject of the connection of the Eddystone Light- house with the mainland by means of an electric cable, and the use of the lighthouse as a signalling station.

Again, assuming for the moment that it is to be held that by the erection of a lighthouse sovereignty and jurisdiction over an island or rock hitherto terra nullius are of necessity conferred, it yet seems open to grave doubt whether the rights of fishery in the territorial waters surrounding such rock which have hitherto been uninterruptedly and continuously enjoyed by the fishermen of all nations can be extinguished ipso facto of the erection of the lighthouse.

am to request that you will be good enough to take the matter into considera- tion and favour Sir Edward Grey with your opinion as to (1) whether by the erection of a permanent lighthouse on the Eddystone Rock Great Britain obtained sovereignty and jurisdiction over that rock, to any and if so to what extent, and (2) if the answer to the previous question should be in the affirmative, whether territorial jurisdiction can be claimed over the waters within a radius of three miles from the Eddystone Lighthouse for all, or any, and if so, what purposes?

Sir E. Grey would at the same time be glad to receive such observations of a general nature as you may be kind enough to offer for his guidance.

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inadvisable to assert such a claim. The occupation of the rock has always been of a limited and special character, and although it involves a claim of sovereignty, this country has always been careful not to assert that claim so far as to expose the lighthouse to risk in time of war. Any advantage that might arise from the exclusive fishery seems wholly disproportionate to such a risk. It would, moreover, give rise to disputable questions founded on the uninterrupted exercise of the right of fishing by the French in the immediate neighbourhood of the rock.

The reasons which moved the Admiralty to refrain from using the rock as a signalling station appear to apply with equal force to the question of asserting unqualified sovereignty up to the three-mile limit.

Law Officers' Department,

March 16, 1907.

JOHN L. WALTON.

W. S. ROBSON.

I have, &c.,

E. GORST.

List of Papers.

September 2, 1905. April 2, 1889.* December 11, 1906.

(A.) Admiralty (with enclosures)

(B.) Report of Law Officers

(C.) Board of Trade

Report.

1. We are of opinion the proper inference to be drawn from the facts relating to the erection and maintenance of the Eddystone Lighthouse is that Great Britain intended to assert sovereignty and jurisdiction over the rock, and we think that there is no principle of international law to prevent such intention from becoming effective, with the consequence that the Eddystone becomes part of the British dominions.

2. We think that if His Majesty's Government thought fit as a matter of policy to claim terrítorial jurisdiction over the waters within a radius of three miles from the Eddystone Rock, they could do so consistently with the general principles of international law, but the circumstances of the case appear to us to render it

• No. 147 in Vol. IV.

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