132 FISHERIES ARBITRATION AT THE HAGUE 



or there were at least some dispositions discriminating between 

 foreigners and citizens. 



Sir William Robson: In 187 1 there was a statute permitting 

 aliens to hold land in Great Britain; prior to that time aliens had 

 no such right. 



Thk President: And for saving this discriminatory disposition, 

 and probably other discriminatory dispositions between the rights 

 of foreigners and citizens, it was perhaps necessary to insert in the 

 Treaty of Commerce of 181 5 a disposition like this, whereas, as to 

 the exercising of the fishing industry, the subjects of both states 

 should be treated on the principle of equality, in common, so that 

 such a disposition was not necessary ? 



Senator Root: There imdoubtedly may have been a variety 

 of reasons for subjecting foreigners to the laws of Great Britain 

 on the one side and of the United States on the other; one of them 

 may have had reference to the laws regarding alienage and title 

 to property; but it remains, nevertheless, that the method em- 

 ployed to bring about the subjection to the laws was this express 

 reservation, and if it had been intended that the fishermen should 

 be subjected to laws of Great Britain respecting their right, the same 

 method would have been adopted. 



I shall draw an inference from the observation of the President 

 in favor of the position which I am taking, and that is, that they 

 saw no reason why American inhabitants going upon the treaty 

 coasts to exercise their liberty should, in respect of that liberty, 

 be subjected to the laws of Great Britain. However many reasons 

 there may have been for subjecting the travelers and traders 

 here, whatever the reasons were, they knew how to subject them, 

 and the fact that they did not subject them on the fishing coast 

 shows that they saw no reason to subject them. 



The President: But was there not one difference? Concern- 

 ing the general right of aliens to enter foreign territory, to five in 

 foreign territory, to exercise certain industries, there was the general 

 intention of upholding certain discriminatory dispositions, whereas, 

 as to the exercise of the fishing industry, there was the intention of 



