AKQUMENT OP ELJHU ROOT. 2159 



SENATOR BOOT : Of course, on the coasts of their respective posses- 

 sions; that is an all-embracing term. 



1305 SIR CHARLES FITZPATRICK: Yes. You notice on p. 97 of 

 the American Counter-Case Appendix, Messrs. Monroe and 



Pinckney in their report made a very sharp distinction between 



Coasts, bays, and harbours the concluding words of the second last 



sentence : 



" It is fair to presume, that the sentiment of respect which Great 

 Britain has shown by this measure for the United States, will be felt 

 and observed in future by her squadrons in their conduct on our 

 coast, and in our bays and harbors." 



SENATOR ROOT : Yes ; I see that. Frequently the word is used most 

 comprehensively ; and frequently it is used in a narrower sense. 



SIR CHARLES FITZPATRICK: Yes. 



SENATOR ROOT : As distinguished from bays and harbours. 



SIR CHARLES FITZPATRICK : Except that the letter has reference to 

 the treaty. 



SENATOR ROOT : My proposition here is not based on any inference 

 from the use of the word " coast " or any other particular word. It 

 is that this treaty is declared to be for the purpose of establishing the 

 limit of maritime jurisdiction. And when you have got that limit of 

 maritime jurisdiction, you have your infallible guide to what " bays " 

 means in the treaty of 1818, if the same view continued. The limit 

 of maritime jurisdiction is fixed here in this treaty as being 5 miles 

 from the shore, or 3 miles in the alternative. 



The reason for this is perfectly plain ; it is one which has already 

 been referred to by the President. The Prussian decree, made at the 

 instance and under the compulsion of Bonaparte, which declared 

 these coasts here of the North Sea closed against Great Britain, was 

 on the 28th March, 1806. And the first order in council by Great 

 Britain retaliating for that decree, which declared the blockade of 

 the Ems, the Weser, the Elbe, and the Travz was on the 8th April, 



1806. On the 16th May, 1806, came the order in council declaring the 

 blockade of the whole coast of the Continent from the Elbe to the 

 Port of Brest. On the 14th October, 1806, came the famous Berlin 

 decree, which put a ban upon all commerce with England. On the 

 7th January, 1807, came the retaliatory order in council, which de- 

 clared all neutral trading with France, or from port to port in any 

 possession of France, or of any of the allies of France anywhere in the 

 world, to be cause for condemnation. And on the 17th December, 



1807, came the Milan decree, which outlawed England and English 

 ships everywhere. The two countries were in the throes of that 

 titanic conflict which bore very hard upon the United States. Eng- 

 land had the greatest navy of the world; the United States had no 

 navy, but she had a great neutral commerce that had grown up. It 



