230 FISHERIES ARBITRATION AT THE HAGUE 



your award from making them, or putting them into force, until 

 she had got the concurrence of the United States in their being 

 reasonable, fair, necessary, and proper for the regulation of the 

 common right. But so long as no war has intervened to put an 

 end to this right, so long as no change of sovereignty has come, 

 while Great Britain is sovereign, the parties stand as they stood 

 when the treaty was made, and you reach the same practical 

 result, with the exception of the distinction which I have just made. 



Sir Charles Fitzpatrick: The difficulty, Mr. Root, with 

 regard to assent is that I cannot understand how, constitutionally, 

 the assent of the government of the United States could give 

 effect to British legislation. As to your second proposition, I 

 think there is a great deal to be said in favor of it, at all events; 

 but as to the other question, I do not quite understand how your 

 assent could give effect to British legislation. I think your theory 

 would drive you necessarily to the conclusion that if the United 

 States were to exercise its right, on the assumption that sovereignty 

 had been parted with, you would be the sole arbiter, the sole judge 

 of the action of your own citizens with respect to the exercise of 

 the treaty right in British waters. I think that is the logical con- 

 clusion, and in the Constitution of the United States you might 

 find some difficulties. 



Senator Root: I see that-very probably there will be constitu- 

 tional difficulties, but we have to treat this case upon the theory 

 that this treaty is a valid treaty, and that it is constitutionally 

 valid. 



Sir Charles Fitzpatrick: It is not as to the constitutional 

 vaUdity of the treaty, but it is as to the constitutional exercise of 

 your assent. 



Senator Root: Perhaps I do not quite catch your meaning. 



Sir Charles Fitzpatrick: However, I do not think it is very 

 important, in view of your second position. In view of your second 

 position, I do not think we need trouble ourselves about assent. 



Senator Root: The practical result you reach now would be 

 the same, although you would reach it by a Httle different process 



