ARGUMENT OP ELTHU ROOT. 2157 



chambers between headlands and to draw the territorial zone outside 

 of a line extending from headland to headland. 



SIR CHARLES FITZPATRTCK: At that time England had acquiesced 

 in the claim of the United States with respect to Delaware and 

 Chesapeake ? 



SENATOR ROOT: With respect to Delaware, yes. Chesapeake had 

 not arisen yet. 



SIR CHARLES FITZPATRICK: No. 



SENATOR ROOT: It was in 1793 that the Delaware Bay question 

 came up. 



SIR CHARLES FITZPATRICK: What year was the Chesapeake Bay 

 question ? 



JUDGE GRAY : It was after the Civil War. 



SENATOR ROOT : 1885 ; yes, long after. 



In view of what the negotiation had been, what the American posi- 

 tion had been, and the attitude exhibited by Great Britain according 

 to these letters, the questions as stated by the British negotiators in 

 (heir report Lord Holland and Lord Auckland I ask for a recon- 

 sideration of the terms of the treaty of 1806. It says, in article 12, 

 on p. 22 of the American Counter-Case Appendix : 



"And whereas it is expedient to make special provisions respecting 

 the maritime jurisdiction of the high contracting parties on the coast 



of their respective possessions in North America on account 

 1304 of peculiar circumstances belonging to those coasts, it is agreed 



that in all cases where one of the said high contracting parties 

 shall be engaged in war, and the other shall be at peace, the belliger- 

 ent Power shall not stop except for the purpose hereafter mentioned, 

 the vessels of the neutral Power, or the unarmed vessels of other 

 nations, within five marine miles from the shore belonging to the 

 said neutral Power on the American seas." 



You will perceive that they are not fixing the width of the ter- 

 ritorial zone merely. They are making a rule for the "American seas 

 alone," and the rule is a rule of maritime jurisdiction. They are 

 covering the entire ground for the exercise of sovereignty beyond 

 the limits of the solid earth : 



" Provided, That the said stipulation shall not take effect in favor 

 of the ships of any nation or nations which shall not have agreed to 

 respect the limits aforesaid, as the line of maritime jurisdiction of 

 the said neutral state. And it is further stipulated, that if either 

 of the high contracting paries shall be at war with any nation or 

 nations which shall not have agreed to respect the said special limit 

 or line of maritime jurisdiction herein agreed upon, such contracting 

 party shall have the right to stop or search any vessel beyond the 

 limit of a cannon shot, or three marine miles from the said coast of 

 the neutral Power, for the purpose of ascertaining the nation to 

 which such vessel shall belong; and with respect to the ships and 

 property of the nation or nations not having agreed to respect the 



