ARGUMENT OF ELIHTJ ROOT. 2151 



the solid land, because you do not take cannon out in the water and 

 fire them off; you shoot them from the land, and the 3 miles, the 4 

 miles, the 6 miles, whatever it is to be, is a commutation of the old 

 idea of cannon-shot. Great Britain and the United States agreed, 



o 



as between themselves, that the cannon-shot should be conventionally 

 treated as being 3 miles in length. As the cannon-shot grows longer 

 there is a tendency to increase the width of this zone, for two rea- 

 sons because the country can defend itself over a wider zone, and 

 because the country is liable to attack across a wider zone, and there- 

 fore it has to keep ships of war farther away. It all comes back to 

 the principle of protection, and, for the purposes of protection with- 

 out assertion, without claim, as a matter of course, to every country 

 the law of nations accords the right of sovereignty over a strip of 

 water measured from her solid soil. Originally they had this width 

 determined by the competency of cannon, going as far as explosives 

 would send a shot, and more recently measured by an agreed com- 

 mutation as to the length of cannon-shot 3 miles, 4 miles, 6 miles, 

 whatever it may be. 



But there is no such right accorded by the law of nations to any 

 country outside of that zone, whatever its width may be, measured 

 by -cannon-shot or a commutation of the length of cannon-shot from 

 the solid land. There is no such sovereignty accorded over any bay, 

 or creek, or inlet, or harbour that does not come within that normal 

 zone, unless the nation has affirmatively elected to take the bay, 

 creek, or harbour into its jurisdiction, and asserted its right to take it 

 into its jurisdiction, upon facts which, when analyzed, will be found 

 always go back to the same doctrine of protection. 



The United States had no rights over Delaware Bay unless she 

 elected to appropriate Delaware Bay, as she did. Great Britain had 

 no rights and could have no rights over the Bay of Fundy, over 

 Chaleur, Miramichi, Conception, Placentia, White Bay, unless she 

 elected to appropriate them. The writers say these bays, more than 

 double the width of the territorial zone, may be prescribed for. 

 That is what Stowell says in the " Twee Gebroeders " case. He says 

 an area of sea outside of the limits may be prescribed for. Philli- 

 more says: 



" Besides the right of property and jurisdiction within the limit of 

 cannon-shot from the shore, there are certain portions of the sea 

 which, though they exceed this verge, may, under special circum- 

 cumstances, be prescribed for" 



The Attorney-General here in his argument says [p. 1103] : 

 " If you want to be acknowledged as the possessor of a bay, you 

 must claim it." 



Very just. 



