I02 FISHERIES ARBITRATION AT THE HAGUE 



Senator Root: That I understand to be the effect of the con- 

 clusion reached by the Institute of International Law. 



Before leaving this subject let me put a third proposition. I 

 have stated that this was a grant of a national right from one 

 sovereign to another, that the relation which was involved was in 

 no sense a relation of two juristic persons with each other, but the 

 relation of two sovereigns dealing with the subject-matter of the 

 sovereignty. 



The third proposition is that this grant of this treaty must be 

 construed and interpreted with reference to the fact that it was the 

 settlement of a claim to a national right of the highest importance. 

 That is the relevancy and materiality of the discussion regarding 

 partition of empire, and that is all. The bearing of that discussion 

 is upon the construction which is to be placed upon' this treaty, 

 upon what we must consider to have been in the minds of the makers 

 of the treaty, and as presenting the great saUent fact with reference 

 to the presence of which in the minds of the makers of the treaty 

 we must construe and interpret their words. 



This was the settlement of a controversy in which the United 

 States had claimed that she was entitled for her people to equal 

 rights upon these coasts with Great Britain for her people, and in 

 this treaty a part of the rights regarding which that claim was made 

 and that controversy waged were surrendered and a part were 

 continued, regranted. 



The renunciation refers expressly to the matter in controversy. 

 Observe the recital: 



"Whereas diflEerences have arisen respecting the liberty claimed by the 

 United States for the inhabitants thereof." 



Now the renunciation: 



"And the United States hereby renounce forever any liberty heretofore 

 enjoyed or claimed by the inhabitants thereof ..." 



a direct reference to the statement of the subject-matter of the 

 controversy — 



"and by the inhabitants thereof to take, dry or cure fish, on or within three 

 marine miles of any of the coasts, bays, creeks or harbors of His Britaiinic 

 Majesty's dominions in America, not included within the above-mentioned 

 limits. " 



