816 APPENDIX TO BRITISH CASE. 



It is an imaginary line which the law superimposes upon the phys- 

 ical coast line as a basis. But for the purposes of international law, 

 instead of following all the convolutions and sinuosities of the coast, 

 it is permitted to go across the heads of bays and inlets, and it is 

 in that particular that the rule of international law comes in as to 

 the width of bays and inlets, either six or ten miles. AVe are not 

 encumbered with that question, because the British Case contends 

 that they must be ten miles, and we do not dispute it, and these out- 

 side inlets are ten miles. So we are not encumbered with that ques- 

 tion. It is a legal fiction imposed by the operation of law as an 

 accessory, as Rivier puts it, to the political coast line. * * * 



491 No. 244. 1905, October 12: Letter from Mr. Root (United 

 States Secretary of State) to Sir M. Durand (British Minis- 

 ter at Washington). 



DEPARTMENT OF STATE, 

 Washington, October 12, 1905. 



DEAR MR. AMBASSADOR, I have just telegraphed you at Lenox ex- 

 pressing my wish for an interview at your early convenience. The 

 occasion for the request is a despatch which I have just received from 

 Senator Lodge, containing the following statement based, I assume, 

 upon information received from his constituents in Massachusetts, 

 who are interested in the fisheries : 



Newfoundland cruiser " Fiona " has arrived in Bay of Islands, on Treaty 

 Coast, with Minister of Marine and Fisheries on board. The Minister has for- 

 bidden all vessels on American register to fish on Treaty Coast, where they 

 now are, and where they have fished unmolested since 1818. 



The American boats are already upon the Treaty Coast. I have 

 felt bound to advise Senator Lodge that I have no doubt of their 

 right to proceed to take fish upon the ground where the Minister 

 of Marine and Fisheries of Newfoundland has prohibited them from 

 fishing. The history of the fisheries and the numerous difficulties 

 which have arisen upon the Treaty Coast indicate that this conflict 

 between the orders of the Newfoundland Government and the rights 

 of our fishermen, as we conceive them to be, may lead to very serious 

 and regrettable incidents. It seems unfortunate that the Govern- 

 ment of Newfoundland should undertake to prohibit a practice justi- 

 fied by the construction of the various Treaties relating to the New- 

 foundland fisheries for more than a century without any suggestion 

 by the Government of Great Britain that that Government proposes 

 any change of construction, and without any exchange of views 

 between the two Governments upon the subject. 



I shall wish to satisfy you that immediate representation should 

 be made to the Government of Newfoundland, which will lead to a 

 different way of raising and disposing of any questions which there 

 may be regarding our fishermen's rights under the existing Treaty. 

 I am, &c. 



(Signed) ELIHU ROOT. 



