1358 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The United States claims there that those citizens could carry on 

 that trade by agents. It does not suggest that it would be possible to 

 send those agents into Canadian territory, but I think that is what 

 the contention must amount to. 



Before commenting upon that I would ask attention to the second 

 last sentence of the same paragraph : 



"And the citizens of the United States, whenever they arrive in any 

 port or harbour in the said territories, or if they should be permitted 

 in manner aforesaid, to go to any other place therein, shall always be 

 subject to the laws, government, and jurisdiction of what nature 

 established in such harbour, port, or place, according as the same 

 may be." 



The word " citizens " there of course is used in its confined sense, 

 because it is an arrangement being made by the United States with 

 reference to what laws its citizens are to respect when they go into 

 foreign territory. Of course the United States could not make such 

 an agreement with reference to foreigners. 



Returning to where " citizens " is used in the earlier part of the 

 clause, I suggest, that although foreigners might be employed in 

 the trade, yet that (whatever might be done as a matter of comity) 

 they could not, by virtue of this treaty, be sent into British territory, 

 for that would have the effect of preventing Canada excluding un- 

 desirable foreigners. The United States and Canada have both 

 found it necessary to pass laws, more or less stringent, protecting 

 themselves against the entry, in too large numbers, of persons of a 

 different race; and this clause, I respectfully submit, could not be 

 construed as taking away the right, and the authority, of Great 

 Britain or her colonies, to enact laws of exclusion of that char- 

 acter. 



820 The second treaty to which the United States refers is at 

 p. 29 of the same volume. It is the treaty of 1815, article 1. 

 The second sentence is: 



" The inhabitants of the two countries, respectively, shall have 

 liberty freely and securely to come with their ships and cargoes to all 

 such places, ports, and rivers in the territories aforesaid, to which 

 other foreigners are permitted to come, to enter into the same, and to 

 remain and reside in any parts of the said territories, respectively; 

 also to hire and occupy houses and warehouses for the purposes of 

 their commerce; and, generally, the merchants and traders of each 

 nation, respectively, shall enjoy the most complete protection and 

 security for their commerce, but subject always to the laws and 

 statutes of the two countries, respectively." 



It seems to me, Sirs, that this clause is very clearly confined to the 

 inhabitants of the two countries. Provision in the treaty is made 

 under which the inhabitants may remain and reside in the other 

 countries. It is impossible, I think, to argue that under such Ian- 



