1656 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



out any admission on the part of the alleged servient State under 

 which they can say that such rights were given to them. The ordi- 

 nary rule of law is of course clear enough. 



Great Britain has entered into a contractual or treaty obligation. 

 It is, as we say, like any other treaty or contractual obligation. 



Take, for instance, such well-known obligations as a treaty under 

 which one State permits another to enter its harbours for pur- 

 1001 poses of trade. There is a right given to a foreign State over 

 the territory of another State. The ships may enter the har- 

 bour. When they get there, in pursuance of an undoubted right, in 

 pursuance of a right over the territory of another State, would any- 

 body contend that they must not obey the orders of the harbour- 

 master? Nobody would. They have got a right to enter the port, 

 and that means the whole port. They might argue that means any 

 part of the port, but the moment they get within the port, the har- 

 bour-master says you must go here or there. You have your right, 

 indeed, to be here within this harbour, but you are subject to my 

 regulations, and they affect you at every step, they affect you in the 

 very matter of the time and manner of the exercise of your right. 

 You have come here to load or discharge a cargo; I, the harbour- 

 master, representing the local jurisdiction, tell you you shall not do it 

 to-day, you may not do it to-morrow, you shall do it on such a day as 

 I find convenient in regard to the general business of my port. 



Nobody would doubt there that the harbour-master would be right. 



The United States would not suggest that the captain of the ship 

 would be entitled to say: Oh, my right to come here is territorial, 

 you have not given me a mere ordinary trading obligation, you have 

 given me a right to enter your gates, to stop on your soil, or in the 

 water that covers your soil, and because it is territorial I am a 

 specially privileged person. 



Such a contention as that would never be dreamed of, nor would 

 it be dreamed of on the part of the commercial traveller who comes 

 also under treaty. He comes there to compete with our own trades- 

 men and manufacturers in the sale of goods. He has a right to enter 

 the gates of our territory, a right to remain there, a right to claim 

 the protection of our laws, and he also would be entitled to say : 

 You have put no restriction upon my right, look at your treaty. 

 There are hundreds of these treaties passing continually under the 

 observation of the lawyers who have to advise Governments in trad- 

 ing countries hundreds of such treaties. We do not find any restric- 

 tion saying, for instance, that a trader is only to trade on six days a 

 week. The commercial traveller might say, I am not a Sabbata- 

 rian, I do not want a day's rest ; your population may want a day's 

 rest, I do not ; and my treaty says I am to trade. Everybody knows 

 that the commercial traveller putting up such a claim would be de- 



