ARGUMENT OF ELIHU BOOT. 2235 



the general argument. I only say it is a really astonishing proposi- 

 tion when one thinks of all the documents which preceded this date. 

 That was Mr. Root's proposition. He said Great Britain actually 



refused to have these bays treated as territorial. 

 1352 I need not remind the Tribunal of the importance of this 



question of territorially. If the bays were claimed and 

 treated as being within the territory of Great Britain by the Powers 

 concerned either before or after the treaty of 1818. then Question o 

 is practically decided in our favour, because Great Britain would 

 then be as completely master of those bays, as any man is master of 

 his own property, and no alien could fish there without her per- 

 mission. They would therefore be included, without controversy, 

 among the " bays ... of His Majesty's Dominions " on or within 

 which the United States renounced the privilege of fishing. 



NOAV, this was a passage which related to belligerency. It was 

 this : 



" In all cases where one of the high contracting parties shall be at 

 war, the armed vessels belonging to such party shall not station 

 themselves, nor rove or hover, nor stop, search, or disturb the vessels 

 of the other party, or the unarmed vessels of other nations, within 

 the chambers formed by head-lands," 



That is one classification of waters. That phrase corresponds 

 really to the phrase " King's chambers." It includes much more 

 than '* bays." It includes every bay, and much more than a " bay." 

 Now comes the next prohibited area proposed : 



" or within five marine miles from the shore belonging to the other 

 party, or from a right line from one headland to another." 



Now, we are dealing there w r ith two areas of water, only two. In 

 the first it is proposed that each party should treat as being within 

 the jurisdiction of the other not only all the " bays " in the other's 

 country, but more than the bays, viz., all the waters that are com- 

 prised in chambers formed by headlands, and also all the waters 

 within 5 marine miles from the shore belonging to the other party, 

 or from a right line drawn in front of every coastal curvature from 

 one headland to another. Xow, what does that mean? If that had 

 been accepted and embodied in the treaty it would have amounted to 

 this: A straight line would have been drawn wherever you have 

 water between headlands, but that would not have provided for the 

 unindented or uncurved shore; and. therefore, the framers of this 

 article go on to provide for the unindented shore, and they say we 

 will give you, or each gives to the other. 5 marine miles from the 

 unindented shore. 



Now. imagine the first line drawn closing all the headlands. Then 

 you are to have a line of 5 miles outside of that line, because the 5- 



