of the eighteenth century, as we may see from the judgments of Lord
Stowell, superseded by the hard-and-fast rule of the three-mile limit,
which has since received ample recognition in treaties, legislation, and
judicial decisions.

The subordinate question, also touched upon by the Admiral, of the
character to be attributed to bays, the entrance to which exceeds six
miles in breadth, presents more difficulty than that relating to
strictly coastal waters. I will only say that the Privy Council, in _The
Direct U.S. Cable Co._ v. _Anglo-American Telegraph Co._ (L.R. 2 App.
Ca. 394), carefully avoided giving an opinion as to the international
law applicable to such bays, but decided the case before them, which had
arisen with reference to the Bay of Conception, in Newfoundland, on the
narrow ground that, as a British Court, they were bound by certain
assertions of jurisdiction made in British Acts of Parliament.

The three-mile distance has, no doubt, become inadequate in consequence
of the increased range of modern cannon, but no other can be substituted
for it without express agreement of the Powers. One can hardly admit the
view which has been maintained, e.g. by Professor de Martens, that the
distance shifts automatically in accordance with improvements in
artillery. The whole matter might well be included among the questions
relating to the rights and duties of neutrals, for the consideration of
which by a conference, to be called at an early date, a wish was
recorded by The Hague Conference, of 1899.

In the meantime it may be worth while to call attention to the view of
the subject taken by a specially qualified and representative body of
international experts. The Institut de Droit International, after
discussions and enquiries which had lasted for several years, adopted,
at their Paris meeting in 1894, the following resolutions, as a
statement of what, in the opinion of the Institut, would be reasonable
rules with reference to territorial waters (I cite only those bearing
upon the extent of such waters):--

"Art. 2.--La mer territoriale s'etend a six milles marins (60
au degre de latitude) de la laisse de basse maree sur tout
l'etendue des cotes. Art. 3.--Pour les baies, la mer
territoriale suit les sinuosites de la cote, sauf qu'elle
mesuree a partir d'une ligne droite tiree en travers de la
baie, dans la partie la plus rapprochee de l'ouverture vers
la mer, ou l'ecar