I admit I do enjoy tweaking the tails of CyberNats, and I was delighted to cause a new eruption on Sunday from "Dr" "James Wilkie" of "Vienna", who is one of the leading lights of the nutty historicist wing of Scottish nationalism. He has been connected with both the delusional / hoaxer "Scotland-UN Committee" and the risible "Scottish Enterprise Party", although the SNP don't seem to want to have much to do with him, for obvious reasons.
The topic, incredibly enough, was the ownership of Berwick. Again.
Anyway, since this is the best he is able to do, I am going to indulge myself by knocking down all his little straw men one after the other.
"#314 sm753: The facts on Berwick are these:
1. The English occupation of Berwick was military aggression with no constitutional force, and furthermore was in violation of the previous treaty establishing the border at the River Tweed.
2. The subsequent compromise of leaving Berwick under English administration while remaining part of Scotland did not alter the Tweed border.
3. Berwick remained de jure subject to Scots law until 1746, 39 years after the Union."
Hey! So far we're in agreement.
"4. The 1746 act imposing English law on Berwick was a panic measure in reaction to the 1745/46 Jacobite scare (like banning tartan and bagpipes) and was later repealed."
"Panic measure" or not, it was law. And it wasn't repealed until the Interpretation Act 1978 (see below).
"5. English law did not apply in Berwick at the time of the Union in 1707."
Yes yes, we've done this. Although we have to note that Article XXV of the English version of the Act of Union makes an explicit reference to Berwick being included in the remit of the Church of England. There is no corresponding counter-claim in the Scottish version.
"6. The Tweed border was accepted by the UK government up to 1999, and the marine border was officially fixed as running due east from the Tweed."
The UK did not define any internal marine boundaries until the Continental Shelf (Jurisdiction) Order 1968, which set a line at 55deg50min North.
A quick check on Google Earth shows the mouth of the Tweed at just south of 55deg46min North.
Oh dear, Doc. Bonggg!
"7. This was confirmed and archived by the 1968 UK submission to the United Nations on the law of the sea."
There was no "submission to the UN" in 1968. The only 1968 document which exists is the Order mentioned above - a piece of internal UK secondary legislation. It is on display at the UN's website because it also gives UK legislative effect to the true international boundaries which were agreed by treaty between the UK and Germany, Netherlands, Belgium, Norway etc.
The 1968 order, by the way, is no longer on the statute book. It was repealed and replaced in 1987, and then there was the 1999 order setting up another boundary for fisheries purposes.
All covered on this blog here and here.
"8. No record exists of Berwick having been formally transferred to England. It never happened. The drafters of several pieces of legislation simply assumed in error that the administrative boundary at Lamberton represented the border."
There are plenty of records. Representation of the People Act 1883 abolished Berwick as a borough constituency and incorporated it into Northumberland. Local Government Act 1888 incorporated it into Northumberland for local government purposes. Local Government (Scotland) 1889 did not include it in Berwickshire. Then for the benefit of any pedants, the Interpretation Act 1978 confirmed that Northumberland was part of England.
(And the same act repealed the Wales and Berwick Act 1746, as there was no further need for it.)
"9. None of this intermediate legislation (including the 1999 Order) is of any relevance to the status of Berwick in the event of Scotland becoming independent.
10. If and when independence happens, the Scotland/England border will be on the line that existed at the moment of union on 1 May 1707, i.e. from the middle of the Solway Firth to the middle of the Tweed estuary - a border that has stood for almost eight centuries until covetous southern eyes focussed on the oil and other resources in Scottish waters."
Bolleaux. Which planet are you on, Doc? You're claiming 300 years of legislation would vanish overnight? In fact the converse is true - merger of two states means that pre-existing treaties between the two states simply become part of domestic legislation, and hence alterable by the Parliament of the merged entity.
As was done.
Now, if you still disagree, go put yourself up as a candidate for any sort of election in Berwick. The SNP have never done so. I wonder why?
(Previously done in more detail here.)
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