2186 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



remonstrance on the part of the United States, carried an inference 

 that the United States recognised the right of Great Britain to 

 control the waters of St. George's Bay in Newfoundland. The fact 

 is that it appears with the greatest fullness in these affidavits that 

 the French cruisers ordered these American fishing-vessels off the 

 coast ; they forbade them to fish anywhere on the coast ; and there is 

 not a bay on that coast that is more than six miles wide at the mouth 

 except St. George's Bay ; and the bulk of the vessels were not at St. 

 George's Bay. They were up in the Bay of Islands, and along there. 

 Of course nothing was ever said about the fact that there was a part 

 of St. George's Bay that they were entitled to fish in. That was 

 of no consequence. They could not accomplish anything by fishing 

 in the open portion of that one little bay. They were not permitted 

 to come within the limits of the 3-mile zone, or into any bay or creek 

 or inlet or harbor on that coast unless they did it at the peril of 

 seizure by the French cruiser. That was the subject matter of the 

 controversy. Of course it carried no inference whatever regarding 

 the use of the water outside of that which the Americans claimed 

 under their treaty, and which they went there to enjoy. An infer- 

 ence has been drawn from the fact that there was a resolution of the 

 American Congress in 1789 in which the words "coasts, bays, and 

 banks " were used; and that is in the British Counter-Case Appendix 

 at p. 13, a little below the middle of the page. A substitute was 

 moved by Mr. Morris, in the words following : 



" That an acknowledgment be made by Great Britain of a com- 

 mon right in these states to fish on the coasts, bays, and banks of 

 Nova Scotia, the banks of Newfoundland and Gulf of St. Law- 

 rence," &c. 



And the inference drawn was that the American Congress con- 

 sidered " bays " as a different thing from " coasts and banks " ; and 

 having said " coasts " they must also say " bays." It is not of much 

 consequence, but if you will turn over to the next page, p. 14, you 

 will see that that resolution was finally adopted with the omission 

 of the word " bays." Just above the middle of the page is the 

 resolution as finally adopted : 



" That the right of fishing on the coasts and banks of North 

 America be reserved to the United States as fully as they enjoyed the 

 same," &c. 



THE PRESIDENT: But, by the words " as fully as they enjoyed the 

 same when subject to the King of Great Britain," by the use of 

 these words, is not " bays " included ? 



SENATOR ROOT: Certainly. 



THE PRESIDENT: Therefore it was not necessary to mention bays 

 specifically ? 



