AKGUMENT OF ELIHU HOOT. 2155 



States at p. 95, AY here there is a report from Mr. Monroe and Mr. 

 Pi nek nor, who are the negotiators of the treaty of 1806. Just below 

 the middle of the page, after speaking of some other things, in this 

 report dated the llth November, 180G, they say: 



" The question of blockade, and others connected with it, may, we 

 think, be satisfactorily arranged. They will agree also to acknowl- 

 edge our jurisdiction to the extent of a league from our coasts; we 

 have claimed that acknowledgment to the extent of three leagues." 



So much for that letter. The next letter is the Holland and Auck- 

 land letter on p. 61 of the British Appendix, to which I have already 

 referred. And I beg the Tribunal to consider that letter now with 

 reference to that proposal of Mr. Madison, which Avas the thing that 

 the American negotiators Avere urging, and that the British negotia- 

 tors were considering: and the Tribunal Avill see that that is the rea- 

 son Avhy, in the fourth paragraph to which the President refers, he 

 discusses the subject of the space between headlands. That is why 

 after defining the limit of maritime jurisdiction at three miles the 

 general limit of maritime jurisdiction they go on to speak of par- 

 ticular circumstances resulting from immemorial usage, geographical 

 position or stipulations of treaty leading to an extension of jurisdic- 

 tion, which " may therefore, when applicable, be urged as a justifica- 

 tion of such a pretension." They are writing about the proposal of 

 Mr. Madison's, which is a proposal embracing not merely the width 

 of the territorial zone, but the inclusion in the jurisdiction of the two 

 countries of the chambers between headlands, and carrying the zone 

 outward a long distance beyond a line drawn from headland to head- 

 land. 



Now I beg the Tribunal to go on to the part of this letter at the 

 foot of p. 61 of the British Appendix, and consider what the British 

 negotiators say further : 



" If your Lordship should deem it expedient on other grounds to 

 concede any extension of jurisdiction to the United States beyond 

 that Avhich their independence necessarily implies, the American com- 

 missioners have more than once assured us that they are ready in the 

 article itself to acknoAvledge it as an exception to the general rule 

 arising from the particular circumstances of their situation and pecu- 

 liar nature of their coast. We shall also observe that their utmost 

 expectation after our con A-ersat ions on the subject, is two marine 



leagues." 

 1303 The Tribunal Avill perceive that Avhat their independence 



necessarily implies has already been stated in the second para- 

 graph of the letter. They proceed : 



" The disadvantages of such a stipulation to us would be the addi- 

 tional protection of a league to our enemies and to our deserters in 

 the American service, and a fear has also been expressed by a very 

 intelligent sea officer, that the difficulty of ascertaining the distance 

 Avould add to the frequency of the disputes," &c. 



