304 FISHERIES ARBITRATION AT THE HAGUE 



be classified. There is a series of words which are used to designate 

 the physical conformation of water — gulfs, bays, coves, creeks, 

 inlets. These aU relate to the physical conformation. There is 

 another series of words which relate to the use to which they can 

 be put by mankind — harbors, roads or roadsteads, havens, ports. 

 Now, a harbor 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 indentation in the land, and which, in America 

 by what is purely an Americanism, 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 harbors" you are using alterna- 

 tive 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 Newfoimdland and which 

 was granted to us upon Newfoundland, within limits. Here they 

 go into an enumeration of the elements — coasts, bays, harbors, 

 creeks. 



The President: This enumeration would not have been neces- 

 sary 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 fisher- 

 man'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 

 harbors that will put them outside of the jurisdiction of the mari- 

 time league from the coasts. 



