AKGUMENT OF SIR WILLIAM BOBSON. 1763 



For instance, if an affirmative answer were given to this question : 

 " Have the inhabitants of the United States a right to bring for- 

 eigners into the territory? because that is this question " Have 

 they a right to bring foreigners into this territory, under a contract 

 of employment ? " 



JUDGE GRAY : " Non-inhabitants," you mean ? 



SIR W. ROBSON : Well, have inhabitants a right to bring in foreign- 

 ers? That is the question. 



JUDGE GRAY : I beg perdon ; there is a little distinction 



SIR W. ROBSON : " Non-inhabitants " ; yes. I am much obliged. 

 But of course it includes foreigners. The " non-inhabitants " include 

 " foreigners," so I am omitting, for the purpose of brevity, the other 

 non-inhabitants of the United States, and am taking this question as 

 applying to foreigners, as it clearly includes foreigners. 



This question may be read in this way, and must be read in this 

 way, subject to the little saving clause pointed out by Mr. Justice 

 Gray : 



" Have inhabitants of the United States a right to bring into New- 

 foundland foreigners who are excluded by treaty, or by statute," 



or foreigners at all I need not add that about the statute. Have 

 they a right to bring foreigners into this territory? 



Mr. Root says : " I want ' yes ' to that." I say here again in this 

 question, as in all the other seven that are laid before this Tribunal : 

 at the root of them all is this question of national independence and 

 sovereign right. 



I am quite sure that the United States, the great republic, with the 

 generosity of temperament that great States ought to cultivate, and 

 indeed generally do acquire as imperial responsibilities are laid upon 

 their shoulders, would not like to have it thought that they were 

 seeking to obtain anything to which they are not entitled. 



As a matter of fact, what they are doing (whether they realise the 

 effect of it or not I do not know), in each of these questions, is prac- 

 tically not merely claiming a right, but extending a right so as to 

 diminish, and most substantially, the sovereignty of Newfoundland. 



They are now claiming to say : " You have not merely limited your 

 sovereignty by letting us in, but you have opened a door which you 

 cannot close against anybody, if anybody comes in with us. We have 

 a right to let any foreigner we please enter your territory under our 

 flag." That is the United States claim. 



THE PRESIDENT: I ask only to see the consequences of the British 

 contention for no other purpose. According to the British conten- 

 tion, would not a law prohibiting the employment of, say, Malayan 

 labourers in general, in every sort of industry, enter into letter B of 

 the first question " regulation desirable on grounds of pub- 

 1067 lie order and morals ? " Could it not be said to be desirable 



