It is beyond doubt that the theoretically absolute right of neutral ships, whether public or private, to pursue their ordinary routes over the high sea in time of war, is limited by the right of the belligerents to fight on those seas a naval battle, the scene of which can be approached by such ships only at their proper risk and peril.

In such a case the neutral has ample warning of the danger to which he would be exposed did he not alter his intended course.

It would, however, be an entirely different affair if he should find himself implicated in belligerent war risks, of the existence of which it was impossible for him to be informed, while pursuing his lawful business in waters over which no nation pretends to exercise jurisdiction.
It is certain that no international usage sanctions the employment by one belligerent against the other of mines, or other secret contrivances, which would, without notice, render dangerous the navigation of the high seas.

No belligerent has ever asserted a right to do anything of the kind; and it may be in the recollection of your readers that strong disapproval was expressed of a design, erroneously attributed to the United States a few years since, of effecting the blockade of certain Cuban ports by torpedoes, instead of by a cruising squadron.

These, it was pointed out, would superadd to the risk of capture and confiscation, to which a blockade-runner is admittedly liable, the novel penalty of total destruction of the ship and all on board.
It may be worth while to add, as bearing upon the question under discussion, that there is a tendency in expert opinion towards allowing the line between "territorial waters" and the "high seas" to be drawn at a considerably greater distance than the old measurement of three miles from the shore.
I am, Sir, your obedient servant, T.E.HOLLAND.
Oxford, May 23 (1904).
TERRITORIAL WATERS Sir,--Most authorities would, I think, agree with Admiral de Horsey that the line between "territorial waters" and "the high sea" is drawn by international law, if drawn by it anywhere, at a distance of three miles from low-water mark.