ARGUMENT OF MR. ROOT 83 



The President: I beg pardon for so often interrupting you, 

 Senator Root, but I really think, it is necessary. These are now the 

 last days that we have the benefit of the assistance of counsel, 

 and therefore we must make use of the opportunity — perhaps it 

 might seem that we are abusing it; I hope not. 



The contention of the United States is that they have a liberum 

 veto of objecting to particular regulations. The contention of the 

 United States is that if you consider one of the British regulations 

 as contrary to the treaty, you may object to it, and then the matter 

 is at an end; Great Britain has no longer the power of enacting 

 those regulations. And the British contention now, as it stands, 

 is that Great Britain has a right to make the regulations. You have 

 the right to make diplomatic remonstrances, but if Great Britain 

 will not Usten to these remonstrances the matter is again at an end. 

 Great Britain says: "We do not want your objections. We do not 

 consider your objections." 



According to the fourth article, the solution would be that 

 either this Court would propose some method of procedure to which 

 both governments would accede, by their free-will — they are not 

 obliged, at all, to accede to them; it is a pure recommendation — 

 or if they do not accede, then both parties have bound themselves 

 by Article 4 to submit future contestations to the decision of The 

 Hague Tribunal in the summary procedure. 



Would it not seem that both parties would gain by this method ? 



Senator Root: Precisely; both parties would gain by this 

 method. But I beg the Tribunal to observe that it works both 

 vf&ys: If the United States refuses its assent to proposed Hmita- 

 tions, that can go to the Tribunal just as much as if Great Britain 

 on the other theory imposed regulations to which the United States 

 objected. 



The President: I should think there would be no victorious 

 party and no vanquished party, in that case. 



Senator Root: If the line is drawn according to the American 

 contention, there is an assertion on one side that there ought to be 

 this regulation for the common benefit; there is a refusal to assent 

 to that on the other, and they go and get a determination. But, 



