2154 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SENATOR ROOT: Yes. The sole suggestion that he had to make of 

 any assertion or claim was by ascribing his meaning to the word 

 " bays " in this treaty. 



I have said that the United States sought to include these large 

 bodies of water within jurisdiction, and that Great Britain refused 

 it. That appears from the correspondence which begins on p. GO 

 of the British Appendix, a letter from Mr. Madison to Messrs. 

 1302 Monroe and Pinckney, who were the plenipotentiaries engaged 

 in London in negotiating the treaty of 1806. The third para- 

 graph, just below the middle of the page, contains the following 

 statement from Mr. Madison, who was then Secretary of State : - 



"With this example, and with a view to what is suggt'-te*! by our 

 own experience, it may be expected that the British Government \vill 

 not refuse to concur in an article to the following effect : 



" 'It is agreed that all armed vessels belonging to either of the 

 parties engaged in war, shall be effectually restrained by positive 

 orders, and penal provisions, from seizing, searching, or otherwise 

 interrupting or disturbing vessels to whomsoever belonging, whether 

 outward or inward bound, within the harbours or the chambers 

 formed by headlands, or anywhere at sea. within the distance of 

 four leagues from the shore, or from a right line from one headland 

 to another; it is further agreed, that, by like orders and provisions, 

 all armed vessels shall be effectually restrained by the party to which 

 they respectively belong, from stationing themselves, or from roving 

 or hovering so near the entry of any of the harbours or coasts of the 

 other, as that merchantmen* shall apprehend their passage to be 

 unsafe, or in danger of being set upon and surprised.' " 



That is a clear proposal, is it not, to include by convention within 

 the jurisdiction of the two parties chambers formed by headlands, 

 and a territorial zone which extends for four leagues from a line 

 drawn from headland to headland ? 



SIR CHARLES FITZPA TRICK : You would include bays in " chambers 

 formed by headlands " ? 



SENATOR ROOT : I should say so ; yes. I should say so. 



SIR CHARLES FITZPATRICK : It is curious they do not use the word 

 "bays," is it not? 



SENATOR ROOT : " Chambers formed by headlands " is a much more 

 comprehensive expression I should say; and it was, you will recall, 

 the expression that had been used in the controversy about the King'.-; 

 chambers that had been going on; and it included in the British 

 assertion of jurisdiction very large bodies of water. 



JUDGE GRAY : The "Argus " was claimed within a line drawn from 

 headlands a hundred miles apart those curvatures or convexities of 

 the coast. 



SENATOR ROOT: Yes. Now let us see what reception that proposal 

 of Mr. Madison's met with on the part of Groat Britain. I will ask 

 the Tribunal to turn to the Counter-Case Appendix of the United 



