ARGUMENT OF MR. ROOT 359 



troversy by inferring that you meant to do something more, and 

 did it. 



The President: Perhaps it is convenient to adjourn now and 

 continue at 2 o'clock. The Court adjourns until 2 o'clock. '^ 



The President : Will you kindly continue, Mr. Senator Root ? ^ 



Senator Root: As to Question 6: 



"Have the inhabitants of the United States the liberty under the said 

 Article or otherwise to take fish in the bays, harbors, and creeks on that part 

 of the southern coast of Newfoundland which extends from Cape Ray to 

 Rameau Islands, or on the western and northern coasts of Newfoundland 

 from Cape Ray to Quirpon Islands, or on the Magdalen Islands? " 



I wish merely to point out the historical origin of the use of 

 the word "coasts" in the treaty of 1783 to describe the fishing 

 right granted by that treaty to inhabitants of the United States. 



As I have suggested in the argument upon another question, 

 the preliminary articles of peace agreed upon by the British and 

 American negotiators in 1782 were made subject to and not to take 

 effect xmtil the conclusion of the treaty of peace between Great 

 Britain and France, the ally of the United States in the then existing 

 war; the definitive treaties of peace between Great Britain and 

 the United States and between Great Britain and France were parts 

 in effect of the same transaction, the treaty between Great Britain 

 and the United States being limited according to the recital of its 

 preamble to the conclusion of the French treaty. 



I have already pointed out that both the treaty of the 3rd 

 September, 1783, with the United States, and the treaty of the same 

 day and forming part of the same general settlement between Great 

 Britain and France, treated of the fishery rights upon this same 

 coast; and the treaty dealing with those rights granted to Ameri- 

 cans naturally employed the same words, the same forms of 

 expression, which were found in the pre-existing treaty between 



'Thereupon, at 12 o'clock, the Tribunal took a recess until 2 o'clock p.m. 

 'Friday, August 12, 1910, 2 p.m. 



