ARGUMENT OF MR. ROOT 275 



over a strip of water measured from her solid soil. Originally they 

 had this width determined by the competency of cannon, going as 

 far as explosives would send a shot, and more recently measured 

 by an agreed commutation as to the length of cannon-shot — 3 

 miles, 4 miles, 6 miles, whatever it may be. 



But there is no such right accorded by the law of nations to any 

 country outside of that zone, whatever its width may be, measured 

 by cannon-shot or a commutation of the length of cannon-shot 

 from the soHd land. There is no such sovereignty accorded over 

 any bay, or creek, or inlet, or harbor that does not come within that 

 normal zone, unless the nation has affirmatively elected to take the 

 bay, creek, or harbor into its jurisdiction, and asserted its right to 

 take it into its jurisdictiori, upon facts which, when analyzed, will 

 be found always to go back to the same doctrine of protection. 



The United States had no rights over Delaware Bay unless she 

 elected to appropriate Delaware Bay, as she did. Great Britain 

 had no rights and could have no rights over the Bay of Fundy, over 

 Chaleur, Miramichi, Conception, Placentia, White Bay, unless 

 she elected to appropriate them. The writers say these bays, more 

 than double the width of the territorial zone, may be prescribed 

 for. That is what Stowell says in the "Twee Gebroeders" case. 

 He says an area of sea outside of the Hmits may be prescribed for. 

 Phillimore says: 



"Besides the right of property and jursdiction within the limit of cannon- 

 shot from the shore, there are certain portions of the sea which, though they 

 exceed this verge, may, under special circumstances, be prescribed for." 



The Attorney- General here in his argument says [p. 1103]: 

 "If you want to be acknowledged as the possessor of a bay, you must claim it." 



Very just. 



Chitty speaks of appropriating gulfs and straits, in a quotation 

 my friends have read on the other side. 



De Martens speaks, in a quotation read by the British counsel, 

 in these words : 



"A nation may occupy and extend its dominion beyond" 



this recognized Umit. 



To prescribe for a thing is to claim it upon the ground of posses- 



