AEGUMENT OP SIR WILLIAM ROBSON. 1729 



Then he goes on to deal with cases of it; but there is the general 

 principle. 



I will just read one other authority, who goes a little step farther 

 Burge's " Foreign and Colonial Law," 2nd volume, p. 86, on the 

 status of an alien : 



" The jurisprudence of every State makes a distinction between its 

 natural-born subjects and those who are aliens, by withholding from 

 the latter " 



an alien 



" certain rights and capacities enjoyed by the former." 

 Here is the principle shortly stated : 



" It is the exclusive right of every State to determine to what ex- 

 tent those born out of its dominions shall participate in the privileges 

 of its natural-born subjects." 



In the same way, at p. 140, on "Aliens," it goes on this being again 

 a reference to the " droit de renvoi " : 



" It has been held that an alien has no right enforceable by action 

 to enter British territory (r), and this is in accordance with the gen- 

 erally recognised rule of international law." 



1046 One does not want authority for this proposition. I mean 

 it is really undeniable that any state may keep an alien out of 

 its territory, as an individual, under a well-constituted system of 

 municipal law, may keep a stranger out of his house. It is just the 

 same right. You may give, of course, whatever rights you please. 

 You may either give them by treaty or you may give them by mere 

 comity without treaty ; but that does not affect your right. 



DR. DE SAVORNIN LOHMAN: Sir William, may I ask you one ques- 

 tion? The question is here which right is given to the Americans. 

 It is, in my opinion, the question whether a right is given to the 

 Americans personally to fish, or whether the right is given to exer- 

 cise an industry. Have the Americans got to exercise that industry ? 

 Then the answer will differ somewhat from the answer to the ques- 

 tion if they have personally the right to fish. Will you explain what 

 ife the liberty that is given to the Americans? 



SIR W. ROBSON : I will. I will take the learned Arbitrator's ques- 

 tion and deal with it from two points of view. The first is whether 

 this right to fish is the right to exercise an industry? 



DR. DE SAVORNIN LOHMAN: Yes. 



SIR W. ROBSON : I will give my answer first, and then my reasons. 

 I would say, first, no. Secondly, I would say that, even if it be a 

 right to exercise an industry, you have not, by changing the word, 

 in the slightest degree extended the privilege. And it is a right to 

 exercise an industry giving to particular persons who may, for the 

 purpose of exercising that industry, employ other persons of the 

 same privileged class. You have not, really, by substituting the 



