ARGUMENT OF CHARLES B. WARREN. 1209 



treaty with England 1794 only speaks of the range of a cannon, while 

 again in the treaty of 1818 governing the fisheries the 3 mile limit is 

 recognized as it is in the treaty between England and France 1839 

 (arts. 9 and 10). 



"Since then the modern practice of the states has given up the 

 regulation of the limit of the territorial sea by the range of a cannon 

 in most cases, probably because the modern state by means of sub- 

 marine boats, sea mines, dirigible from the coast, torpedoes, etc. is 

 able to extend its military action far beyond the range of a cannon. 



" For this reason the regulation of the sea limits, especially since the 

 middle of this century, by positive precise measures has become more 

 and more established, with the sea-mile as a fundamental measure." 



Perels, " Manuel de Droit Maritime International," first pub- 

 lished in 1882, citing from French edition of 1884, p. 30; United 

 States extract, p. 8 : 



" The identification of the distance of three miles with the range 

 of cannon has only been arrived at after a series of generalizations 

 upon acts and writings which have decided certain special questions." 



Calvo, " Le Droit International," first published in 1868, citing 

 from the French edition of 1896, sec. 356; United States extract, 

 p. 6:- 



" From these general principles it is easy to draw the conclusion 

 that territorial waters should include only the space capable of being 

 defended from the main land, or of serving as a base for attacks on 

 the adjacent coast. Since the invention of firearms this space has 

 generally been limited to three nautical miles from the shore line, at 

 low tide." 



Hall, " International Law," first published in 1880, citing from 

 5th edition, p. 154 ; United States extract, p. 3 : 



" Generally their limit is fixed at a maritime league from the shore ; 

 but this distance was defined by the supposed range of a gun of po- 

 sition, and the effect of the recent increase in the power of artillery 

 has not yet been taken into consideration, either as supplying a new 

 measure of the space over which control may be efficiently exercised, 

 or as enlarging that within which acts of violence may be dangerous 

 to persons and property on shore." 



Oppenheim, " International Law," published in 1905, vol. I, p. 

 241: 



" Since at the end of the eighteenth century the range of artillery 

 was about three miles, or one marine league, that distance became 

 generally recognized as the breadth of the marine belt." 



It is quite unnecessary to go into the history of the long contest 

 for the freedom of the seas. 



The doctrine of Grotius was formulated by Bynkershoek, who 

 promulgated the rule in his great work, " De Dominio Maris," pub- 

 lished in 1702. 



