28o FISHERIES ARBITRATION AT THE HAGUE 



morial usage, geographical position or stipulations of treaty lead- 

 ing to an extension of jurisdiction, which "may therefore, when 

 applicable, be urged as a justification of such a pretension." 

 They are writing about this proposal of Mr. Madison's, which 

 is a proposal embracing not merely the width of the territorial 

 zone, but the inclusion in the jurisdiction of the two coun- 

 tries of the chambers between headlands, and carrying the zone 

 outward a long distance beyond a line drawn from headland to 

 headland. 



Now I beg the Tribunal to go on to the part of this letter at the 

 foot of p. 6i of the British Appendix, and consider what the British 

 negotiators say further: 



"If your Lordship should deem it expedient on other grounds to concede 

 any extension of jurisdiction to the United States beyond that which their 

 independence necessarily impKes, the American commissioners have more 

 than once assured us that they are ready in the article itself to acknowledge 

 it as an exception to the general n;le arising from the particular circumstances 

 of their situation and pecuEar nature of their coast. We shall also observe 

 that their utmost expectation after our conversations on the subject is two 

 marine leagues." 



The Tribunal will perceive that what their independence neces- 

 sarily implies has already been stated in the second paragraph of 

 the letter. They proceed: 



"The disadvantages of such a stipulation to us would be the additional 

 protection of a league to our enemies and to our deserters in the American 

 service, and a fear has also been expressed by a very inteUigent sea officer, 

 that the difficidty of ascertaining the distance would add to the frequency 

 of the disputes," etc. 



"We might on the other hand derive some little advantage from the 

 claim it would justify of an extended jurisdiction and consequent protection 

 of revenue and commerce on the coasts of our colonial possessions." 



There is squarely the question: Shall Great Britain assent to 

 the insistence of the United States upon this extension of jurisdic- 

 tion, which includes chambers between headlands, and a broader 

 zone than 3 miles, in view of the disadvantage which would come 

 from additional protection to enemies and in view of the advan- 

 tage which might be derived from the claim it would justify of an 

 extended jurisdiction, and consequent protection of revenue and 

 commerce on the coasts of the colonial possessions ? 



