QUESTION THEEE. 59 



by treaty in their favour. And they are subject not only to the laws 

 existing at the date of the treaty, but to those afterwards enacted. 

 The United States has frequently given aliens liberty to enter the 

 United States, but it has always applied to them the customs and 

 other laws in force for the time being. And no one has heretofore 

 suggested that the United States ought to obtain foreign assent before 

 doing so. The position as stated in Hall's " International Law " is 

 indisputable : 



" Whenever, or in so far as, a state does not contract itself out of its 

 fundamental legal rights by express language, a treaty must be so 

 construed as to give effect to those rights. Thus, for example, no 

 treaty can be taken to restrict by implication the exercise of rights of 

 sovereignty, or property, or self-preservation. Any restriction of 

 such rights must be effected in a clear and distinct manner." 



Many examples of treaties giving privileges of entry into alien ter- 

 ritory can be cited in which no stipulation is made by way of reserva- 

 tion of the sovereign law-making power as against those who take 

 advantage of the treaty; and yet the right of passing appropriate 

 legislation, in such cases, has never been challenged. The treaty of 

 1794 between Great Britain and the United States only need be cited 

 (British Case, App., p. 16) : 



" It is agreed that it shall at all times be free to His Maj- 

 68 esty's subjects, and to the citizens of the United States, and 

 also to the Indians dwelling on either side of the said boundary 

 line, freely to pass and repass by land or inland navigation, into the 

 respective territories and countries of the two parties on the continent 

 of America, (the country within the limits of the Hudson's Bay Com- 

 pany only excepted,) and to navigate all the lakes, rivers, and waters 

 thereof, and freely to carry on trade and commerce with each other." 



But no one would suggest that those persons, so passing and repass- 

 ing, could not be required to obey the local laws including regulations 

 requiring entry or report at customs and payment of light, or harbour, 

 or other dues. 



LEGISLATION. 



By the law of both Canada and Newfoundland the master of every 

 vessel, whether laden or in ballast, coming from any foreign port or 

 coastwise, is required, forthwith on arrival, to report his vessel at 

 Customs, and to give information as to the name of the master, the 

 country of the owners, the number and names of the passengers (if 

 any,) the number of the crew, and whether laden or in ballast, and, if 

 laden, the marks and numbers of every package, and to answer all 

 such questions concerning the vessel, the cargo, the crew, and the 

 voyage as are demanded of him. The Acts impose no fees on the 

 masters in respect of such reports (British Case, App., pp. 661, 737). 



5th ed., p. 339, 



