ARGUMENT OF ELIHU ROOT. 1957 



remains in the discussion of the effect upon a Russian subject who 

 goes to the United States and becomes naturalized, and then goes 

 home to Russia. There it is a criminal offence and he can be pun- 

 ished still under their law, if they apply their law, for having gone 

 away. I do not think that on the spur of the moment I could solve 

 the question you ask, but, of course, these gentlemen, in making these 

 treaties, were not thinking about questions of that kind. That whole 

 subject was in a very vague and indefinite position at that time, 

 whether the original bond of allegiance between the Government of 

 Great Britain and one of its nationals would be so completely de- 

 stroyed by his- going to the United States and becoming an inhabitant 

 that, when he returned, he would not be subject to tlie entire control 

 of his original Government, and whether he could claim as a right 

 under the treaty exemption from that control, are questions perhaps 

 not easy of solution. It is quite clear he could claim no right what- 

 ever against the Government of Great Britain personally; no one 

 could make any claim in respect of it except the Government of the 

 United States. If the Government of the United States chose to 

 assert to Great Britain that it had a right .under this treaty to have 

 that inhabitant, although a citizen of Great Britain, exercise certain 

 rights, then the question would arise and it might be a difficult one. 



One single word about the meaning of " bays, harbours, and creeks." 

 I merely desire to make an observation regarding the ordinary use of 

 the words as English words. It seems to me quite plain that the word 

 " gulf " is used only to indicate very large indentations in the land 



the Gulf of Bothnia, the Gulf of Finland, the Gulf of Genoa, 

 1185 the Gulf of St. Lawrence, the Gulf of Mexico. The word 



" bays " seems to be used either for very large indentations, 

 which might be called gulfs, or very small ones, there being a wide 

 range. For instance, there are the Bay of Biscay and Hudson Bay, 

 which might well be called gulfs; the Bay of New York, the Bay of 

 Fundy, Conception Bay, the Bay of Chaleur, the Bay of Naples, the 

 Bay of Rio, Bahia Blanca (in Argentina), Bahia Honda (in Cuba), 

 Bahia (in Brazil), Bantry Bay, Bay of Islands, and Bonne Bay, all 

 of which are less than 6 miles wide, and there is not a bay on the 

 western coast of Nefoundland which is more than 6 miles wide, ex- 

 cept St. George's Bay. All the bays out of which the Americans 

 were ordered by the French on this occasion that has been referred to 

 were bays less than 6 miles wide, except St. George's Bay so I am 

 instructed ; I have not been there to measure them. 



Let me now say something about the practical bearing of your de- 

 cision on the profitable use of the treaty right. I shall make some 

 observations regarding the course of legislation in Newfoundland. 

 I wish to impress upon the Tribunal this disclaimer, that I do not 

 say a single word of fault-finding with Newfoundland or its Govern- 



