ARGUMENT OF MR. ROOT 347 



thing more than "report," it is quite unnecessary, for "report" 

 does everything that is requisite. 



Now the second question under that head: Can an American 

 fishing vessel be subjected, without the consent of the United 

 States, to the payment of light, harbor, or other dues ? 



First let me ask your attention to the question of strict right. 

 What is the justification for the exaction of light or harbor or other 

 similar dues from any vessel that comes into the territorial waters 

 of a country ? What is the basis of right ? There must be some 

 basis of right creating an obligation, of course. Civilized countries 

 do not take property away from aHens who come. If they require 

 aKens to hand over their money when they come into the territory, 

 in these civihzed days, they do it upon the theory that there is an 

 obligation on the part of the alien, that he owes the money, always. 

 It must be so, otherwise we go back to the dark ages. 



Now, what is the basis of obligation upon which anywhere ever 

 a country requires an alien coming with his ship into the territory 

 of the country to pay money under the name of Hght dues or harbor 

 dues? Why, it can be only that the requirement is a condition 

 upon the exercise of the privilege. 



Sir Charles Fitzpatrick: Not exclusively; the result of a 

 creation of a convenience, for instance? 



Senator Root: But that is involved. I mean to include that. 



Sm Charles Fitzpatrick: Yes. 



Senator Root: That is in the privilege. The obligation arises 

 from the fact that the ship has come there to enjoy the privilege. 

 It arises from the voluntary act of the ship coming to enjoy the 

 privilege. But when a ship comes into the waters of a country 

 other. than its own to exercise a liberty that generations ago was 

 granted to its country, and paid for by its country, the other country 

 cannot exact a second time a payment for the enjoyment of the 

 privilege. That ship is not beholden to the country into whose 

 waters it goes for the enjoyment of any of the privileges there. It 

 takes the right to enjoy the privilege there from its own country 

 under the right that its country long before acquired, and paid 

 for, in the consideration of the treaty which granted it. And you 



