ARGUMENT OF MR. ROOT 8i 



The President: But was it not practised in 1906 — with- 

 holding the Royal sanction to the Act of 1906 ? 



Senator Root: Yes, it was; for the purposes of this arbitration, 

 and when Newfoundland imposed conditions upon her consent to 

 entry into the arbitration; that is, the conditions of including in 

 the arbitration Sir Robert Bond's Question Six and also the trading 

 question.. But you will remember with what indignation that was 

 received by Newfoundland. 



The President: Yes. 



Senator Root: And it was justified by Great Britain in this 

 correspondence, not as a reversal, not as a final judgment, but as 

 a necessary modus, to make it possible to secure an adjustment by 

 arbitration between the two countries. 



Now, as to arbitration; the practical bearing of that. Of course 

 I am talking now only about the practical situation that we would 

 be in, and therefore I refrain from any reference at this time to the 

 fact that you are first to pass upon rights as they existed under the 

 treaty of 1818, which would be the basis of further arbitration. 

 But there is one preKminary thing to be considered, and that is: 

 What is the scope and continuance of Article 4 of the agreement ? 

 First, as to its scope, if any question arises regarding the exercise 

 of the liberties referred to in the treaty of 1818 (this is on p. 6 of 

 the United States Case Appendix) it may be determined in accord- 

 ance with the principles laid down in the award. The Tribunal is 

 to "recommend, for the consideration of the contracting parties, 

 rules and a method of procedure under which all questions which 

 may arise in the future regarding the exercise of the liberties by 

 them referred to may be determined in accordance with the prin- 

 ciples laid down in the award." If the rules are not adopted 



"then any differences which may arise in the future between the High Con- 

 tracting Parties relating to the interpretation of the Treaty of 1818 or 

 to the effect and application of the award of the Tribunal shall be referred 

 informally to the Permanent Court at The Hague for decision " 



and so on. Now, I say, as to the scope. The Permanent Court 

 at The Hague, if we get there ever, and I hope it will never be 

 necessary to go under this article, will have to make their decision 



