ARGUMENT OF ELIHU ROOT. 2139 



and fishing smacks when blocked by ice; Potomac broke the ice for 

 fishermen without distinction (of) nationality." 



Captain Anstruther, in his report of the 4th December, 1906 (p. 

 366), says: . 



" The ice was from four to six inches thick and the fishermen were 

 powerless to recover their property. The Potomac spent all Saturday 



and Sunday ice-breaking, which enabled many of the nets 

 1293 to be recovered, but I fear a large number will be lost. This 



work, though, of course, beneficial to American fishermen, 

 was also of material assistance to Newfoundland, so I took upon 

 myself to thank Lieutenant Hinds on behalf of the Newfoundland 

 fishermen for his co-operation." 



The " Potomac " was an American vessel, and I should observe that 

 she was not a man-of-war. There was no man-of-war there. She 

 was there as a white-winged messenger of peace. She was a revenue 

 vessel of the United States sent up to help make the modus work, and 

 apparently she did. If you will give us a clear line to work on, 

 Great Britain and the United States will get on all right, and the 

 fishermen of Newfoundland and of the United States will get on all 

 right ; but so long as the traders of Newfoundland really believe that 

 the American right is under the uncontrolled control of Great Britain, 

 they will, by the necessity of human nature, insist that Great Britain 

 shall exercise that control to the farthest limit. That brings me to 

 the close of what I have to say regarding Question 1. Is it the wish 

 of the Tribunal that I shall take up another question ? 



THE PRESIDENT: Do you desire to continue? 



SENATOR ROOT : It is hardly worth while unless you are going to sit 

 after 4 o'clock. 



THE PRESIDENT : Then, the Court will adjourn until Thursday at 10 

 o'clock. 



[Thereupon, at 3.50 o'clock p. m., the Tribunal adjourned until 

 Thursday, the llth August, 1910, at 10 o'clock a. m.] 



THIRTY-NINTH DAY : THURSDAY, AUGUST 11, 1910. 



The Tribunal met at 10 a. m. 



THE PRESIDENT : Will you please continue, Mr. Senator Root ? 



SENATOR ROOT (resuming) : I shall ask your further consideration 

 for a time of the fifth Question : " From where must be measured the 

 ' three marine miles of any of the coasts, bays, creeks, or harbours ' 

 referred to in the said article," This, of course, is equivalent to call- 

 ing for a decision as to the scope of the renunciation clause in the 

 first article: 



"And the United States hereby renounce forever any liberty here- 

 tofore enjoyed or claimed by the inhabitants thereof to take, dry or 



