ARGUMENT OF MR. ROOT 317 



carries the idea of the completeness of the renunciation. After 

 reciting that differences had arisen, and after providing that the 

 inhabitants of the United States shall have liberty to take fish within 

 certain specified Umits, then the purpose of the renunciation was 

 to cover everything else, and to make it a complete renunciation. 

 They must either say: "The United States renounces the hberty 

 heretofore enjoyed or claimed to take, dry, or cure fish on or within 

 3 marine miles of all the coasts, bays, creeks, and harbors of His 

 Britannic Majesty's dominions not included within the above- 

 mentioned Hmits," or they must say: "Renounces the hberty to 

 take, dry, or cure fish on or within 3 marine miles of any of," etc. 

 Either use of words serves to accomphsh the effect of completeness 

 of the renunciation. To use the word all would have carried the 

 idea that they were looking at them en bloc. To use the word any 

 accomphshes the completeness of the renunciation equally, but 

 carries the idea that they were looking at them as separate elements. 



I wish here to make a few further remarks. If the Tribunal 

 will give me a very few minutes more I can complete what I have 

 to say on this subject to-day. 



Something has been said here about the relaxation of the British 

 position regarding the Bay of Fundyin 1844 constituting an arrange- 

 ment between the two countries. That is negatived positively by 

 Lord Mahnesbury in a letter to Mr. Crampton, the British Minister 

 at Washington, on the loth August, 1852, which appears in the 

 American Appendix at p. 518, where he says that everything but 

 the Bay of Fundy was left for further negotiation. 



Quite an argument has been made here to the effect that the 

 French order ordering the American fishermen off the coast of Nova 

 Scotia in 1820 and 1821, and which was the subject of diplomatic 

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

 that the United States recognized the right of Great Britain to con- 

 trol 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 



