ARGUMENT OF MR. ROOT 121 



"And the citizens of the United States, whenever they arrive in any 

 port or harbor in the said territories, or if they should be permitted in manner 

 aforesaid, to go to any place therein, shall always be subject to the laws, gov- 

 ernment, and jurisdiction of what nature established in such harbor, port, 

 or place, according as the same may be." 



And in Article 14, which gives generally trading rights, the last 

 clause on p. 21 is: 



"but subject always as to what respects this article to the laws and statutes 

 of the two countries respectively." 



The men who made that treaty understood that when govern- 

 ments granted even the temporary and reciprocal right of residence 

 and travel, entry for ships, residence and travel for citizens, there 

 should be an express reservation of subordination to the municipal 

 laws and regulations. The unratified treaty of 1806 between the 

 United States and Great Britain, in the American Counter-Case 

 Appendix, at p. 19, grants trading rights and provides (in the next 

 to the last sentence in Article 3) : 



"And the citizens of the United States, whenever they arrive in any 

 port or harbor in the said territories, or if they should be permitted in manner 

 aforesaid to go to any other place therein, shall always be subject to the laws, 

 government, and jurisdiction of whatever nature, established in such harbor, 

 port, or place, according as the same may be." 



The commercial treaty of 181 5 between Great Britain and 

 the United States, found in the British Case Appendix at p. 29, in 

 Article i, confers rights stated thus: 



"The inhabitants of the two countries, respectively, shall have liberty 

 freely and securely to come with their ships and cargoes to all such places, 

 ports, and rivers in the territories aforesaid, to which other foreigners are 

 permitted to come, to enter into the same, and to remain and reside in any 

 parts of the said territories, respectively; also to hire and occupy houses and 

 warehouses for the purposes of their commerce; and, generally, the merchants 

 and traders of each nation, respectively, shall enjoy the most complete pro- 

 tection and security for their commerce, but subject always to the laws and 

 statutes of the two countries, respectively." 



And in Article 3, the provision regarding outlying dominions of 

 the British Empire (reading from the last paragraph) : 



"The vessels of the United States may also touch for refreshment, but 

 not for commerce, in the course of their voyage to or from the British terri- 



