ARGUMENT OF MR. ROOT 277 



of the Americans, which related to the subject of bays. I will take 

 that up. I intend to return to this letter in a few minutes. 



The Pkesident: Yes. 



Senator Root: I was reading this portion only as a statement 

 of what I conceive to be the actual condition of law under which 

 these gentlemen stood at the time they were making this treaty. 

 I shall return to it for another purpose. 



Upon attentive consideration of this long and voluminous record 

 I have become satisfied, and I think that the Tribunal must become 

 satisfied, that 



First, Great Britain never, down to the final conclusion of the 

 treaty of 1818, claimed or asserted a right to the extension of her 

 jurisdiction beyond the cannon-shot, and over the waters of any 

 of these bays that exceeded double the cannon-shot distance, or 

 its commuted length of 3 miles. That may be quahfied, and as to 

 that I shall say something particularly, but my general statement 

 should be qualified by a reference to the fact that it may be that 

 there were certain mimicipal statutes which related to Chaleur and 

 Miramichi that are open to discussion as to whether they did not 

 amount to an assertion of jurisdiction. It is claimed by Great 

 Britain that they did amount to an assertion of jurisdiction. We 

 say they did not. But as to all these others, laying aside Chaleur 

 and Miramichi, to which these municipal statutes related — as to 

 all these others, Fundy, St. George, Fortune, Placentia, Notre 

 Dame, White — as to all of them, so far as I can ascertain upon 

 the most painstaking examination, there never was an election by 

 Great Britain to regard them as being within her jurisdiction, there 

 never was any prescribing for them, there never was any claim to 

 them. That is the first thing that I think will be estabhshed. 



The second is, that the United States insistently urged upon 

 Great Britain the inclusion within the conventional limits of the 

 maritime jurisdiction of both countries of bays, chambers within 

 headlands; and Great Britain refused to permit it, expressly. 



The third is, that Great Britain not merely refrained from mak- 

 ing any claim, not merely refused to permit the United States to 

 get into the treaties a statement of jurisdiction over these large 

 bays, but she industriously and expressly excluded it. 



