312 FISHERIES ARBITRATION AT THE HAGUE 



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 harbor. 



Sir Charles Fitzpatrick: That is not under the treaty? 



Senator Root: Under the treaty. They can go for shelter or 

 for r^airs or for wood and water wherever they find a harbor: 

 "Provided, however, that the American fishermen shall be permitted 

 to enter all such bays or harbors"; and there is a harbor wherever 

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

 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 settUng the 

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

 strips of arable land running in from the sea, a httle beach, or 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 this term "coast" was used distributively: "On or within 

 3 marine miles of any of the coasts" — looking at it as a fisherman 

 would look at it, going along the coast, one coast on the starboard 

 and another to port. And they answer to the requirement which 

 was fundamental in this whole business, that they should draw a 

 line that a fisherman could find. I do not care so much whether 

 you can find a line with the help of all of these gentlemen here. 

 The treaty was not made for you and me. It was not made for 

 gentlemen to find a line by poring over a chart. It was made for 

 fishermen, going out on to the sea with their small boats, to navigate 

 in fair weather and in storm, by daylight and in the dark, in clear 

 weather and in fog; and when the treaty makers were laying down 



