Argument of mr. root 261 



The President: Will you please continue, Mr. Senator 

 RootPi 



Senator Root (resuming) : I shall ask your further considera- 

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

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

 bors' referred to in the said article." This, of course, is equivalent 

 to calling for a decision as to the scope of the renunciation clause 

 in the first article: 



"And the United States hereby renounce forever any liberty heretofore 

 enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or 

 within three marine miles of any of the coasts, bays, creeks, or harbors of 

 His Britannic Majesty's dominions in America, not included within the above- 

 mentioned limits." 



"The above-mentioned Hmits" were, of course, the limits of 

 what we caU the treaty coast, the west coast of Newfoundland, a 

 portion of the south coast of Newfotmdland, and the coast of 

 Labrador, and the Magdalen Islands. 



The question as to the scope of this renunciation appears to 

 turn upon the meaning to be given to the word "bays." 



The inhabitants are not to take, dry, or cure fish on or within 3 

 marine miles of any of the coasts, bays, creeks, or harbors. 



It is not suggested that there can be any question about the 

 meaning or scope to be given to the word "creeks" or to the word 

 "harbors," but the word "bays" is, by our friends on the other 

 side, taken out of the category in which it was placed and has a 

 meaning ascribed to it making it cover all these great indentations 

 dividing the coasts of New Brunsvnck, Nova Scotia, and Cape 

 Breton, Prince Edward Island, and indenting the shores of New 

 Brunswick and of Newfotmdland. 



On the other hand, the United States contend that the "bays" 

 contemplated are the "bays" which are naturally to be classified 

 with creeks and harbors, occurring along the coast, and separating 

 different coasts, different portions of the coasts, and which are to 

 be found along the different coasts of these great indentations. 

 That is to say, that the "bays" referred to there are these smaller 



•Thursday, August 11, 19 10. The Tribunal met at 10 a.m. 



