292 FISHERIES ARBITRATION AT THE HAGUE 



Senator Root: Before we separate, let me say: I have never 

 said that Lord Holland and Lord Auckland had fixed the hmit of 

 maritime jurisdiction in this second paragraph of their letter, or 

 that what they say fixes the limit of maritime jurisdiction. I say 

 that they point to two areas of maritime jurisdiction: one the 

 general Hmit of maritime jurisdiction, and the other the extension 

 of jurisdiction which may be based upon particular circumstances 

 urged as a justification for the extension. 



Judge Gray: For the pretension? 



Senator Root: For the pretension, yes; and that when you 

 have got both of them, the general Hmit which is accorded by all 

 coimtries to all coimtries, and the particular extensions based upon 

 the circumstances of each particular case justifying the pretension, 

 when you have got them both, then you have got the limits of ' 

 maritime jurisdiction, and that there cannot be a bay or a harbor or 

 a creek or an inlet or a roadstead or a coast outside of those Hmits 

 over which a country has any sovereignty whatever. ' 



The President: Will you kindly continue, Mr. Senator 

 Root? 2 



Senator Root (resimiing): Mr. President, I had been pur- 

 suing the ascertainment of what was considered to be the maritime 

 jurisdiction of Great Britain upon the American coasts in the 

 year 1818, and I had shown that in the negotiation of the treaty of 

 1806 the American proposal was, in regard to the maritime juris- 

 diction of both countries on those coasts (and the chambers formed 

 by headlands), to have the territorial zone pass outside of those, 

 but that had been rejected by Great Britain, and that the two 

 countries had agreed upon an extent of maritime jurisdiction which 

 was measured from the shore, and which was Hmited to 5 miles 

 from the shore. 



I had been stating, too, a series of circumstances which showed 

 that the poHcy of Great Britain which led her to reject the American 



'Thereupon, at 12.15 o'clock p.m., the Tribunal adjourned until 2.15 o'clock p.m. 

 ^Thursday, August 11, igio, 2.15 p.m. 



