ARGUMENT OP ELIHU ROOT. 2175 



THE PRESIDENT: Yes, I mean in the treaty. Have the words 

 'bays, creeks, or harbours'" in the renunciatory clause any distinct 

 meaning within this supposition, or are they superfluous? If the 

 words had been left out, would the sense have been different? 



SENATOR ROOT: They are an enumeration of the different elements 

 of the total coast the coasts, the bays, the creeks, the harbours. 

 There are two principles under which these words can be classified. 

 There is a series of words which are used to designate the physical 

 conformation of water gulfs, bays, coves, creeks, inlets. These all 

 relate to the physical conformation. There is another series of 

 words which relate to the use to which they can be put by mankind 

 harbours, roads or roadsteads, havens, ports. Now. a harbour may 

 be a bay, or it may be the particular kind of bay that is called a cove, 

 a very small one, or it may be the particular kind which is called a 

 creek, which, in common usage, is a long, narrow, winding indenta- 

 tion in the land, and which, in America, by what is purely an Ameri- 

 canism, has come to be extended to the running stream which may 

 come down into this inlet from the sea. When you use the term 

 " bays and harbours " you are using alternative expression for very 

 much the same thing, looking at it, in one way, as to its physical 

 conformation, and, in the other, as to the uses to which it may be 

 put. So, it is an enumeration of the elements going to make up the 

 total coast, going to make up that thing which was granted to the 

 French upon Newfoundland and which was granted to us upon 

 Newfoundland, within limits. Here they go into an enumeration of 

 the elements coasts, bays, harbours, creeks. 



THE PRESIDENT: This enumeration would not have been necessary 

 to express the idea? 



SENATOR ROOT: I think the same idea could have been expressed 

 without it perfectly well. 



THE PRESIDENT : If the word " coast " had stood alone it might 

 have expressed the same idea, according to your view of the renun- 

 ciatory clause? 



SENATOR ROOT : I should think it would have, although it is a little 

 difficult to put oneself in the position of those gentlemen there. I 

 think they were looking at this question from the fisherman's point 

 of view. Naturally, the fisherman looks at things in detail and at 

 short range, rather than from a distance. But, we are precluded 

 absolutely from assigning to the words that were used in this article 

 any meaning to apply to bays or creeks or harbours that will put 

 them outside of the jurisdiction of the maritime league from the 

 coasts. 



SIR CHARLES FITZPATRICK: They are mere words of description, 



Mr. Root, I suppose ? 

 1315 SENATOR ROOT: I think so, Sir. 



