

ARGUMENT OF MR. ROOT 133 



making no discrimination between foreigners and citizens, as they 

 had the right in common. 



Senator Root: It may have been that the intentions upon the 

 treaty coast were much more benevolent than they were in regard 

 to the holding of real estate. Nevertheless, the fact that it was 

 deemed necessary in the one case to expressly subject the foreign 

 citizens coming into the territory to the laws holds good in the other. 

 Whatever may have been the reasons for subjecting or not sub- 

 jecting, the very object of subjecting was plain. And if they 

 did not employ that recognized, customary, effective way of sub- 

 jecting the foreign citizen to the laws and regulations of the 

 country — whatever the reasons may have been — if they did 

 not employ it, we are bound to infer that they did not intend to 

 subject them. 



The next consideration tending to show, tending very powerfully 

 to show, that the makers of the treaty had no idea of subjecting the 

 "inhabitants of the United States to any restriction or modification 

 of their rights, was that the negotiators had before them the ex- 

 ample of the French rights. They knew (the evidence is here in 

 this record) all about the French rights. Of course no one negotiat- 

 ing a treaty regarding the fisheries could have failed to know, to be 

 familiar with, the French right. Mr. Gallatin, Minister to Paris, 

 Swiss by birth, French his native language, one of the most acute 

 and able men among the many whom the continent of Europe 

 furnished to the formative period of the young republic across the 

 Atlantic, he knew, of course. Mr. Rush, a man who, as Minister 

 to England, stood against Castlereagh for the rights of South 

 America, and collaborated with Canning that arrangement of 

 understanding between Great Britain and the United States that 

 brought forth Canning's famous remark that he had redressed the 

 balance of power of the old world by bringing the new world into 

 life; and the still more famous declaration of Monroe, of which 

 our old friend John Quincy Adams really was the true author, no 

 one can doubt Richard Rush's competency or knowledge of the 

 subject with which he was dealing, and all these gentlemen of course 

 knew, and these negotiators had before them the fact that for more 

 than a hundred years, on this very coast, the French had exercised 



