282 FISHERIES ARBITRATION AT THE HAGUE 



esced in the claim of the United States with respect to Delaware 

 and Chesapeake? 



Senator Root: With respect to Delaware, yes. Chesapeake 

 had not arisen yet. 



Sm Charles Fitzpatrick: No. 



Senator Root: It was in 1793 that the Delaware Bay question 

 came up. 



Sir Charles Fitzpatrick: What year was the Chesapeake 

 Bay question? 



Judge Gray: It was after the Civil War. 



Senator Root: 1885; yes, long after. 



In view of what the negotiation had been, what the American 

 position had been, and the attitude exhibited by Great Britain 

 according to these letters, the questions as stated by the British 

 negotiators in their report — Lord Holland and Lord Auckland — 

 I ask for a reconsideration of the terms of the treaty of 1806. 

 It says, in Article 12, on p. 22 of the American Counter- Case 

 Appendix: 



"And whereas it is expedient to make special provisions respecting the 

 maritime jurisdiction of the high contracting parties on the coast of their 

 respective possessions in North America on account of pecuhar circumstances 

 belonging to those coasts, it is agreed that in cill cases where one of the said 

 high contracting parties shall be engaged in war, and the other shall be at 

 peace, the belligerent Power shall not stop except for the purpose hereafter 

 mentioned, the vessels of the neutral Power, or the unarmed vessels of other 

 nations, within five marine miles from the shore belonging to the said neutral 

 Power on the American seas." 



You will perceive that they are not fixing the width of the terri- 

 torial zone merely. They are making a rule for the "American seas 

 alone," and the rule is a rule of maritime jurisdiction. They are 

 covering the entire Aground for the exercise of sovereignty beyond 

 the limits of the sohd earth: 



"Provided, That the said stipulation shall not take effect in favor of the 

 ships of any nation or nations which shall not have agreed to respect the 

 limits aforesaid, a^ the line of maritime jurisdiction of the said neutral state. 

 And it is further stipulated, that if either of the high contracting parties shall 



