ARGUMENT OF ELIHU ROOT. 2221 



SENATOR ROOT: I do not think my learned friend will insist upon 

 his objection, in view of the fact that this is the very volume from 

 which Mr. Ewart read. 



THE ATTORNEY-GENERAL: Certainly I have no objection whatever 

 to the admission of any evidence which has been already put before 

 the Tribunal, and which both sides have had an opportunity of con- 

 sidering. Of course, my friend Mr. Root is putting in various docu- 

 ments which we have not had an opportunity of considering. Some 

 of these documents I can deal with in a few minutes at the end of 

 his speech, in accordance with the understanding that when any new 

 points are raised in the last speech there shall be permission to the 

 other party to deal with them. But a matter of this kind, which 

 involves the examination of the maps and of a very lengthy record, 

 is not a matter with which I can deal immediately upon the termina- 

 tion of Mr. Root's speech. AVe have not seen it, and I do not even 



know to what he is referring. 



1343 Of course the final speech is intended to be a speech dealing 

 finally with the evidence before the Tribunal, and' is not 

 intended to be a speech in which new evidence may be put in. There 

 are many passages of different documents of a bulky character which 

 have been put in evidence. That does not mean that the whole 

 document is treated as being part of the evidence. I have no objec- 

 tion to anything being done which may facilitate the Case for the 

 United States on the point, but one must have the means of dealing 

 with them one's self in some fair and rational way. 



SENATOR ROOT: Of course there is not the slightest objection to 

 the Attorney-General calling attention to any matter which he thinks 

 worthy of attention in regard to this book which I have handed to 

 the Tribunal. I am merely calling attention to the very book, por- 

 tions of which were printed in the American Counter-Case, and from 

 which the British counsel have read. Surely I am entitled, when 

 this book has been produced here, and the attention of the Tribunal 

 called to certain features of the proceedings, to call the attention of 

 the Tribunal to other features of the same proceedings in the same 

 book. 



THE ATTORNEY-GENERAL: By all means, provided of course that 

 the passages to which my learned friend refers are passages which 

 he proposes to put in as evidence, and which, therefore, are material, 

 but I must have the opportunity of considering them. 



SENATOR ROOT: I am not putting in any new evidence whatever. 

 The map was distinctly referred to in the Counter-Case Appendix 

 of the United States, and this map was referred to in the Counter- 

 Case of the United States at p. 101 : 



"A reference to the accompanying map will show that the coast, 

 the entire freedom of which for fishing purposes has thus been ac- 

 quired by the United States," &c. 



