ARGUMENT OF MR. ROOT 



339 



The learned Senator is putting what he calls my admission to a 

 purpose to which I never appKed it. I drew a distinction between 

 the general trade of shipping over the whole world and the particular 

 industrial right exercised in this particular part of the world, which 

 is not an industry at all, but a mere right in an industry. 



Senator Root: I quite agree with the Attorney-General in 

 the limitation which he has stated. I am talking about the same 

 thing he was talking about. I am talking about the general right 

 of emplo3mient. I shall speak hereafter as to the question whether 

 there is any particular ground of exception from that general right. 

 I hope the Attorney-General will reahze that I was not intending to 

 impute to him any observation regarding this particular instance. 

 I was establishing the existence of the general practice of employing 

 foreigners. 



The Attorney-General says [p. 1058, supra]: 



"He (Mr. Elder) wants to show, of course, that in 18 18, when there is a 

 right given to take fish, that according to the custom of that time that right 

 was exercised, not by Britons for themselves alone, but by Britons employing 

 foreigners. Well, he does not show it. He does show this, that according 

 to the law in Asia and in Africa and in different parts of the world, Britons 

 were allowed to employ on their ships a certain proportion of foreigners.'' 



That is the proposition to which I refer. And he says: 



"I am afraid, in those days, when maritime troubles or naval wars came on, 

 we were not very particular about the nationahty of those whom we impressed, 

 but still we did not want those, of course, who could not be trusted to fight 

 in our interests, so we did not discourage the system of foreign seamen in 

 England, if it was found convenient for their employment. So that you see 

 here where we say three-fourths of them must be British subjects, we did 

 not say the other fourth may be foreigners. We do not forbid the employ- 

 ment of foreigners, because that would be in particular cases to handicap 

 an industry. But, we say each vessel must be fitted out at a British port, 

 and you are not hkely at a British pbxt to get any foreigners, except those 

 who are inhabitants or domiciled in England." 



I make this observation upon that: that we have just as much 

 right to say that you cannot take this industry out of the general 

 and universal practice and make it an exception for the purpose of 

 handicapping it, as the Attorney- General has to explain that they 

 do not prohibit the employment of foreigners in other particular 



