3i8 FISHERIES ARBITRATION AT THE HAGUE 



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 accorapHsh any- 

 thing 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 inference 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 Kttle 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 common right 

 in these states to fish on the coasts, bays, and banks of Nova Scotia, the banks 

 of Newfoundland and Gulf of St: Lawrence," etc. 



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," etc. 



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 PREsroENT: Therefore it was not necessary to mention 

 bays specifically? 



Senator Root: Certainly; it was not necessary to mention 



