2156 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



" We might on the other hand derive some little advantage from 

 the claim it would justify of an extended jurisdiction and consequent 

 protection of revenue and commerce on the coasts of our colonial 

 possessions." 



There is squarely the question: Shall Great Britain assent to the 

 insistence of the United States upon this extension of jurisdiction, 

 which includes chambers between headlands, and a broader zone 

 than 3 miles, in view of the disadvantage which would come from 

 additional protection to enemies and in view of the advantage which 

 might be derived from the claim it would justify of an extended 

 jurisdiction, and consequent protection of revenue and commerce 

 on the coasts of the colonial possessions? 



THE PRESIDENT: Do you think, Mr. Senator Root, that the circum- 

 stances of the time it was in the height of the power of Napoleon 

 that these transactions took place, 1806 might be of some influence 

 concerning the decision of Great Britain whether the benefits for 

 revenue and commerce ought to be considered, or the difficulties which 

 in this great struggle between maritime power and land power and 

 continental power would strengthen the force of the enemy ? 



SENATOR ROOT: I am sure those circumstances had a very great 

 weight, and I shall, in a very few minutes state what I think their 

 relation was, and what the effect of these circumstances was. In the 

 meantime, however, let me ask the Tribunal to look at the Monroe 

 and Pinckney report of the 3rd January, 1807. which appears in the 

 Counter-Case Appendix of the United States at p. 96. They are 

 transmitting the treaty itself, and they say, under date of the 3rd 

 January, 1807: 



" The twelfth article establishes the maritime jurisdiction of the 

 United States to the distance of five marine miles from their coast, 

 in favor of their own vessels and the unarmed vessels of all other 

 Powers who may acknowledge the same limit. This Government 

 (Great Britain) contended that three marine miles was the greatest 

 extent to which the pretension could be carried by the law of nations, 

 and resisted, at the instance of the Admiralty and the law officers of 

 the Crown, in Doctors' Commons, the concession, which was supposed 

 to be made by this arrangement, with great earnestness. The min- 

 istry seemed to view our claim in the light of an innovation of dan- 

 gerous tendency, whose admission, especially at the present time, 

 might be deemed an act unworthy of the Government. The outraireis 

 lately committed on our coast, which made some provision of the 

 kind necessary as a useful lesson to the commanders of their squad- 

 rons, and a reparation for the insults offered to our Government, 

 increased the difficulty of obtaining any accommodation whatever." 



The treaty of 1806, which is at p. 22 of the same Counter-Case 

 Appendix, shows the result of this negotiation, which began with 

 the proposal of the United States to take into the maritime juris- 

 diction of both countries an extended belt or territorial zone and the 



