ARGUMENT OF MR. ROOT 305 



Sir Charles Fitzpatrick: They are mere words of description, 

 Mr. Root, I suppose ? 



Senator Root: I think so, sir. 



Sir Charles Fitzpatrick: If the negotiators of the treaty had 

 intended to exclude citizens of the United States from the coasts 

 and the geographical bays what words would they have used ? 



Senator Root: You mean from the great bays ? 



Sir Charles Fitzpatrick: Yes; what words would they have 

 used? 



Senator Root : I think they would have used the words " cham- 

 bers between headlands." 



Sir Charles Fitzpatrick: Why? 



Senator Root: Because those were the words which were 

 appropriate to discriminate between these interior bays and the 

 greater, outside bays, and they were the words which they had been 

 using in the negotiations of 1806 and the words which they used 

 in their own proposal for this very treaty regarding the maritime 

 jurisdiction. 



Sir Charles Fitzpatrick: Were those bays described an3rwhere 

 at that time as chambers between headlands ? 



Senator Root: Undoubtedly — including Mr. Madison's pro- 

 posal for the treaty of 1806 and this proposal relating to maritime 

 jurisdiction in 1 818. 



Sir Charles Fitzpatrick: So you think that "chambers be- 

 tween headlands" would have been a more accurate geographical 

 description of these bodies of water than the term "bays" ? 



Senator Root: I think it would have been a more discrim- 

 inating description of them. 



The President: Would the term "chambers within headlands" 

 express what is meant by the term "bays" ? Does it not signify 

 something much larger than bays? For instance, are the cele- 

 brated King's Chambers bays ? 



