ARGUMENT OF ELIHU ROOT. 2165 



bays as being something independent of that. Waters 90 miles be- 

 tween headlands they claim for bays, though they only claim 3 miles 

 on a shelving coast along the open coast. 



THE PRESIDENT : I understood, Mr. Root, that you will discuss this 

 passage afterwards? I took the liberty of drawing the attention of 

 Mr. Root to this passage, and he had the kindness to say that he will 

 afterwards discuss this matter in another connection. 



SENATOR ROOT : Before we separate, let me say : I have never said 

 that Lord Holland and Lord Auckland had fixed the limit of mari- 

 time jurisdiction in this second paragraph of their letter, or that 

 what they say fixes the limit of maritime jurisdiction. I say that they 

 point to two areas of maritime jurisdiction : one the general limit of 

 maritime jurisdiction, and the other the extension of jurisdiction 

 which may be based upon particular circumstances urged as a justifi- 

 cation for the extension. 



JUDGE GRAY: For the pretension? 



SENATOR ROOT: For the pretension, yes; and that when you have 

 got both of them, the general limit which is accorded by all countries 

 to all countries, and the particular extensions based upon the cir- 

 cumstances of each particular case justifying the pretension, when 

 you have got them both, then you have got the limits of maritime 

 jurisdiction, and that there cannot be a bay or a harbour or a creek 

 or an inlet or a roadstead or a coast outside of those limits over 

 which a country has any sovereignty whatever. 



[Thereupon, at 12.15 o'clock P. M., the Tribunal adjourned until 

 2.15 o'clock p. M.] 



1309 AFTERNOON SESSION, THURSDAY, AUGUST 11, 1910, 2.15 p. M. 



THE PRESIDENT: Will you kindly continue, Mr. Senator Root? 



SENATOR ROOT (resuming) : Mr. President, I had been pursuing 

 the ascertainment of what was considered to be the maritime juris- 

 diction of Great Britain upon the American coasts in the year 1818, 

 and I had shown that in the negotiation of the treaty of 1806 the 

 American proposal was, in regard to the maritime jurisdiction of 

 both countries on those coasts (and the chambers formed by head- 

 lands), to have the territorial zone pass outside of those, but that had 

 been rejected by Great Britain, and that the two countries had 

 agreed upon an extent of maritime jurisdiction which was measured 

 from the shore, and which was limited to 5 miles from the shore. 



I had been stating, too, a series of circumstances which showed that 

 the policy of Great Britain which led her to reject the American 

 proposal to include chambers formed by headlands within maritime 

 jurisdiction of the two countries, and which led her to refrain from 



