2176 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SIR CHARLES FITZPATRICK: If the negotiators of the treaty had 

 intended to exclude citizens of the United States from the coasts and 

 the geographical bays what words would they have used ? 



SENATOR ROOT: You mean from the great bays? 



SIR CHARLES FITZPATRICK. Yes, what words would they have used? 



SENATOR ROOT: I think they would have used the words "cham- 

 bers between headlands." 



SIR CHARLES FITZPATRICK: Why? 



SENATOR ROOT: Because those were the words which were appro- 

 priate to discriminate between these interior bays and the greater, 

 outside bays, and they were the words which they had been using in 

 the negotiations of 1806 and the words which they used in their own 

 proposal for this very treaty regarding the maritime jurisdiction. 



SIR CHARLES FITZPATRICK: Were those bays described anywhere 

 at that time as chambers between headlands? 



SENATOR ROOT: Undoubtedly including Mr. Madison's proposal 

 for the treaty of 1806 and this proposal relating to maritime juris- 

 diction in 1818. 



SIR CHARLES FITZPATRICK: So you think that "chambers between 

 headlands" would have been a more accurate geographical descrip- 

 tion of these bodies of water than the term " bays " ? 



SENATOR ROOT: I think it would have been a more discriminating 

 description of them. 



THE PRESIDENT: Would the term "chambers within headlands" 

 express what is meant by the term " bays " ? Does it not signify 

 something much larger than bays? For instance, are the celebrated 

 King's Chambers, bays? 



SENATOR ROOT: King's Chambers are partly narrow seas and 

 partly chambers between headlands. 



THE PRESIDENT: But not bays? 



SENATOR ROOT: Yes, chambers between headlands are hays. 

 " Chambers between headlands " was an expression in customary use 

 and was used by these very people to refer to bays, or to indentations 

 in the coast which were larger than the ordinary interior bay that 

 came within the territorial zone measured from the shore. 



THE PRESIDENT: For instance, was the place where the "Argus" 

 was seized a chamber within headlands, or was the place where the 

 "Washington" was seized the Bay of Fundy a chamber between 

 headlands? 



SENATOR ROOT. The place where the " Washington " was seized 

 was a chamber between headlands. 



THE PRESIDENT: Would you make no distinction between the 

 place where the "Argus " was seized and the place where the " Wash- 

 ington" was seized? 



