284 FISHERIES ARBITRATION AT THE HAGUE 



Could it not be said that in consequence of this mention here of 

 this shelving nature of the coast and of the reference to the peculiar 

 circumstances belonging to the coasts, this Article 12 refers only to 

 the coast — to the open coast, in contradistinction to the bays ? 



Senator Root: But Article 12 cannot refer only to the coasts, 

 because it in ipsissimis verbis fixes the maritime jurisdiction, and 

 maritime jurisdiction is an all-comprehensive term. Great Britain 

 cannot have any jurisdiction beyond its maritime jurisdiction. 

 Of course you cannot disassociate the shelving nature of the coasts 

 from the conformation of them, from the bays and from the islands 

 which are referred to here by Lords Holland and Auckland. 



Sir Charles Fitzpatrick: Your theory is that "coasts" in 

 Article 12 includes bays and harbors: "peculiar circumstances be- 

 longing to these coasts " would mean pecuhar circumstances belong- 

 ing to these coasts, bays, and harbors ? 



Senator Root: Of course on the coasts of their respective 

 possessions; that is an all-embracing term. 



Sir Charles Fitzpatrick: Yes. You notice on p. 97 of the 

 American Counter-Case Appendix, Messrs. Monroe and Pinckney 

 in their report made a very sharp distinction between coasts, baysf 

 and harbors — the concluding words of the second last sentence: 



"It is fair to presume, that the sentiment of respect which Great Britain 

 has shown by this measure for the United States, will be felt and observed 

 in future by her squadrons in their conduct on our coast, and in our bays and 

 harbors." 



Senator Root : Yes. I see that. Frequently the word is used 

 most comprehensively; and frequently it is used in a narrower sense. 



Sir Charles Fitzpatrick: Yes. 



Senator Root: As distinguished from bays and harbors. 



Sir Charles Fitzpatrick: Except that the letter has reference 

 to the treaty. 



Senator Root: My proposition here is not based on any infer- 

 ence from the use of the word "coast" or any other particular 

 Word. It is that this treaty is declared to be for the purpose of 



