ARGUMENT OF ELIHU ROOT. 2181 



and harbours. On the principle ejusdem generis, the kind of bays 

 they were talking about were the kind of bays that could be classified 

 properly with creeks and harbours not these great stretches of sea 

 belonging to a different classification, and which must be considered 

 with a different set of ideas altogether. It agrees with the inference 

 we would naturally draw from the fact that these men who were 

 making this treaty were treating of bays as places for shelter, and 

 for repairs, and for obtaining wood and water. It is probable that 

 men who Avere thinking about bays as places for shelter and for re- 

 pairs and for obtaining wood and water should, when they used the 

 word " bays," use it with reference to that kind of a bay. It agrees 

 with the inference we would naturally draw from the use of the word 

 by men 



SIR CHARLES FITZPATRICK : Pardon me a moment, Mr. Root. You 

 say " that kind of a bay." That would be a bay which would form 

 part of a coast ; that is to say, a bay less than 6 miles wide? 



SENATOR ROOT : It would be a bay where people could find shelter ; 

 where they could 



SIR CHARLES FITZPATRICK : You say " such bays " would mean the 

 bays referred to above, which bays would be, on your construction, 

 bays less than 6 miles wide? 



SENATOR ROOT : Precisely. And there let me make a remark about 

 an argument that has been made on the other side that that would 

 exclude all bays larger than 6 miles from the liberty of access for 

 shelter, and so on. No ! Because they can go for shelter wherever 

 they find a harbour. 



SIR CHARLES FITZPATRICK : That is not under the treaty ? 



SENATOR ROOT: Under the treaty. They can go for shelter or for 

 repairs or for wood and water wherever they find a harbour : " Pro- 

 vided, however, that the American fishermen shall be permitted to 

 enter all such bays or harbours ; " and there is a harbour wherever 

 you find a shore under the lee of which you can come to and koep 

 from being blown out of water. But that is incidental. 



~ 



The conclusion to which these facts have brought us. or have 

 brought me, and I hope have brought the Tribunal, agrees with the 

 inference you would naturally draw from the fact that these men 

 were talking about drying and curing fish on bays, and would 

 naturally have in mind the kind of bays in which you can dry and 

 cure fish. They would naturally have in mind the kind of bays 

 which could be settled. They were not talking about settling the 

 Bay of Fundy. People settle the little places where there are little 

 strips of arable land running in from the sea, a little beach, a place 

 where a fisherman's hut could go, or where there may be a place for 

 a farmer like places in the little valleys among the hills. They agree 

 with the inference that you would naturally draw from the fact that 



