ARGUMENT OP EUHU BOOT. 2129 



party from taking the measures necessary for the exercise of its right. 

 For when a certain right is granted, the measures necessary for its 

 exercise must also be given." 



I would rather put here a different use of words, because I sympa- 

 thise with the Attorney- General's antipathy to the use of the word 

 "servitude." I would rather say: "The sovereign of the burdened 

 territory shall not hamper the possessor of the right that constitutes 

 the burden in the exercise of that right, or lessen the right by vari- 

 ous dispositions." 



There is no doubt about what it means. There is no doubt but that 

 it applies directly to the right which, a hundred and odd years after, 

 these gentlemen made in the treaty of 1818. 



In 1749 Wolf, who I need not tell this Tribunal was one of the 

 great founders of modern international law, accepted as the highest 

 authority, one of those few men whose work in an inconspicuous field, 

 without any of the glamour of those bloody controversies which char- 

 acterised the day in which he lived, survives the generations and the 

 centuries in the judgment of men whose estimate is worth having 

 Wolf says, of the nation which has the kind of right we confessedly 

 have here: 



" Since anybody can grant any right he chooses to a third party 

 concerning his thing, so has each nation a right to grant another na- 

 tion a certain right in its territory. ... It belongs even to the mutual 

 duties of nations for the one to create certain rights in his territory 

 for the advantage of the other, in so far as no abuse of the territory 

 takes place. Examples of such rights are the following: Fishing 

 rights in foreign rivers or occupied parts of the sea, rights of forti- 

 fication on alien soil, right of garrisoning a foreign fortified place, 

 jurisdiction in certain localities of a foreign territory or for certain 

 legal actions or over certain persons, &c. The constitution of rights 

 in foreign territories is not of interest to neighboring nations alone, 

 but also to those living at a distance .... for the exercise of his right 

 is absolutely independent of the will of the sovereign of the territory, 

 he not being subject to the laws of the land with regard to acts con- 

 nected with the exercise of his right; but as to other acts cannot be 

 regarded otherwise than as a foreigner residing in a foreign terri- 

 tory." 



There is great authority, not expressing his own opinion, but stating 

 what the law of nations was seventy years before this treaty was 

 made authority of the highest character, stating what the law of 

 nations was in regard to the grant of precisely such a right as we 

 have here. 



The great Vattel, in 1758, just five years before the treaty of 1763 

 assured to France that her subjects should have the liberty to take 

 fish on the shore of Newfoundland, and just sixty years before the 

 Treaty of 1818 was made, says: 



" There exists no reason why a nation, or a sovereign, if authorized 

 by the laws, may not grant various privileges in their territories 



