The Cornish Foreshore Case was an arbitration case held between 1854 and 1858 to resolve a formal dispute between the

British Crown The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...

and the

Duchy of Cornwall The Duchy of Cornwall ( kw, Duketh Kernow) is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of 'Duke of Cornwall' at ...

over the rights to minerals and mines under the foreshore of Cornwall in the southwest of Britain, most of which was owned by the duchy. The arbitration led to the Cornwall Submarine Mines Act 1858, which confirmed those rights for the duchy between the high and low water marks but not beyond.

Sir John Patteson Sir John Patteson (11 February 1790 – 2 June 1861) was an English judge. Early life The second son of the Rev. Henry Patteson of Drinkstone, Suffolk, by his wife, Sophia, daughter of Richard Ayton Lee, a London banker, he was born at Coney Westo ...

served as arbitrator, while the Rt. Hon.

Thomas Pemberton Leigh, Baron Kingsdown Thomas Pemberton Leigh, 1st Baron Kingsdown PC, KC (11 February 17937 October 1867), was a British barrister, judge and politician. Originally a successful equity lawyer, he then entered politics and sat as an MP from 1831 to 1832 and from 1835 ...

(during the course of the debate elevated to the peerage) represented the duchy.

The issue

The problem which gave rise to the dispute was explained by the Solicitor-General during parliamentary debates on the Cornwall Submarine Mines Bill, on 19 July 1858:

Cornwall Submarine Mines Act

The Cornwall Foreshore Dispute culminated in the Cornwall Submarine Mines Act 1858, described as, "An Act to declare and define the respective Rights of Her Majesty and of His Royal Highness the Prince of Wales and Duke of Cornwall to the Mines and Minerals in or under Land lying below High-water Mark, within and adjacent to the County of Cornwall, and for other Purposes". The act, as originally passed, determined that:

References

{{Celtic nations Duchy of Cornwall History of Cornwall Cornish nationalism Politics of Cornwall 1858 in England 1858 in British law Arbitration cases 1858 in case law English land case law 19th century in Cornwall

The issue

Cornwall Submarine Mines Act

See also

References