ARGUMENT OF MR. ROOT 291 



the pretensions of Great Britain concerning the King's Chambers 

 have been abandoned ? Is the year to be fixed ? I do not know 

 whether the year is to be fixed when these pretensions have been 

 abandoned, or approximately iixed. 



Senator Root: 1 should think, Mr. President, that the best 

 view of that subject to be obtained would be in the opinions of 

 the judges in the case of the Queen vs. Kejm, in L.R. 2 Exchequer 

 Division, p. 63. 



The Attorney-General: They have never been abandoned. 

 The claims of Great Britain to the King's Chambers stand perfectly 

 good. There was nothing in the case of the Queen vs. Keyn to 

 diminish or retract those claims. 



I hope before Mr. Root leaves this subject I may be permitted 

 to draw attention to one paragraph of one of the letters, which has 

 not yet been read, which I think it is fair I should read before he 

 leaves the subject. It is the fourth paragraph in Lord Holland's 

 letter (British Case Appendix, p. 61). In the earlier part of the 

 letter Lord Holland spoke of the maritime jurisdiction as being 

 limited to a league. Now, says Mr. Root, that fixes the extent of 

 the maritime jurisdiction. But in the other paragraph, relating 

 to the space between headlands. Lord Holland there first mentions 

 bays. He says that they, even at 90 miles' distance between head- 

 lands, are "necessarily dependent on and belonging to the adjoin- 

 ing territory"; showing that he distinguishes between territorial 

 jurisdiction over bays which are in the body of the county, and the 

 maritime jurisdiction which he Kmited to the 3-mile zone around 

 the coast. Mr. Root has treated maritime jurisdiction, which is an 

 expression appKcable solely to the maritime zone around the coast, 

 as though it covered bays. Lord Holland and Lord Auckland, and 

 everybody else, treat bays as being something independent of that. 

 Waters 90 miles between headlands they claim for bays, though 

 they only claim 3 miles on a shelving coast along the open coast. 



The President: I understood, Mr. Root, that you will discuss 

 this passage afterwards ? I took the Hberty of drawing the attention 

 of Mr. Root to this passage, and he had the kindness to say that he 

 will afterwards discuss this matter in another connection. 



