114 FISHERIES ARBITRATION AT THE HAGUE 



choose, how they choose, and however they choose upon the treaty 

 coasts. It is no concern of ours, and it has no effect on our right, 

 and affords no measure of our right whether they choose to take or 

 not to take. 



Sir Charles Fitzpatrick: Do you read the grant as convey- 

 ing to the United States a right in the fish before they are taken ? 



Senator Root: I should hardly think so. 



Sir Charles Fitzpatrick: It is a right to reduce the fish into 

 possession ? 



Senator Root: Yes, I think so. 



Sir Charles Fitzpatrick: Until such fish are taken from the 

 water they are the property of the territorial sovereign ? 



Senator Root: I would think that they were nobody's 

 property. 



Sir Charles Fitzpatrick: They are under the jurisdiction of 

 the territorial sovereign. 



Senator Root: They are within the special — 



Sir Charles Fitzpatrick: They are within the territorial 

 jurisdiction of the British sovereign? 



Senator Root: Yes. We did try very hard to establish the 

 idea of property in regard to fur seals, but Great Britain succeeded 

 in defeating us in it. 



Sir Charles Fitzpatrick: The right acquired was a right to 

 take fish from the water and reduce them into possession. 



Senator Root: The right we acquired was the right to have 

 our inhabitants take fish from the water. Of course, when the fish 

 is taken it becomes the property of the man who takes it. 



Sir Charles Fitzpatrick: When it is reduced into possession 

 it becomes the property of the inhabitant of the United States who 

 takes it ? 



Senator Root: Yes. 



The President: Do you consider the right to be a right in 

 common to the fishing territory between the United States and 



