ARGUMENT OF MR. ROOT 307 



The President: Mitchell's map does not call it a bay, but 

 Jefierys' does call it a bay, if I am not mistaken. 



Senator Root : I think it is probable that the use of the words 

 "chambers between headlands" is appropriate to describe bays 

 and perhaps indentations so shallow that they might not be ordi- 

 narily called bays, but it is a very comprehensive term and it 

 certainly would include all the bays along these coasts. 



It would have included Massachusetts Bay, it would have in- 

 cluded Cape Cod Bay — many bays along the coast of the United 

 States to which the United States has never claimed jurisdiction, 

 any more than Great Britain ever claimed jurisdiction to these 

 bays here (indicating on map). 



Of course, this term, used in this letter to Baker, which limits 

 the maritime jurisdiction of Great Britain to the maritime league, 

 plainly uses the word "coasts" as identical with the word "shores." 

 That had been the general usage of the parties. I will again call 

 the attention of the Tribunal to these two papers of later date, 

 the letter of the Earl of Kimberley to Lord Lisgar, and the memo- 

 randum of the Foreign Office which used the term " three marine 

 miles from the coast" as equivalent to "three marine miles from 

 the shore." The Tribunal will remember that the term was used 

 in the treaty of 1806 "five marine miles from the shore," and an 

 interior Une was spoken of as "three marine miles from the coast." 

 Plainly, they were using the two terms convertibly. The Tribunal 

 will remember also that in the report of the American negotiators, 

 which is in the American Appendix at p. 307, they use the term 

 "three miles from the shore" as convertible with "three miles from 

 the coast." On p. 307 the report of Messrs. Gallatin and Rush to 

 Mr. Adams, 20th October, 1818, contains this language, in the 

 second paragraph on the page: 



"It will also be perceived" — 



they are speaking of the treaty which they transmitted, just signed 

 on that same day — ■ 



"that we insisted on the clause by which the United States renounce their 

 right to the fisheries relinquished by the convention, that clause having been 

 omitted in the first British counter-project. We insisted on it with the view 

 — ist. Of preventing any implication that the fisheries secured to us were 



