ARGUMENT Of ELIHU ROOT. 2061 



1247 her own subjects from such obstructions to their lawful enter- 

 prises as they too frequently experienced immediately previous 

 to the late war. and which are, from their very nature, calculated to 

 produce collision and disunion between the two states. 



" It was not of fair competition that His Majesty's Government 

 had reason to complain, but of the preoccupation of British harbors 

 and creeks, in North America, by the fishing vessels of the United 

 States, and the forcible exclusion of British vessels from places where 

 the fishery might be most advantageously conducted. They had, 

 likewise, reason to complain of the clandestine introduction of pro- 

 hibited goods into the British colonies by American vessels ostensibly 

 engaged in the fishing trade, to the great injury of the British 

 revenue. 



" The undersigned has felt it encumbent on him thus generally to 

 notice these obstructions, in the hope that the attention of the Gov- 

 ernment of the United States will be directed to the subject; and 

 that they may be induced, amicably and cordially, to co-operate with 

 His Majesty's Government in devising such regulations as shall 

 prevent the recurrence of similar inconveniences. 



" His Majesty's Government are willing to enter into negotiations 

 with the Government of the United States for the modified renewal 

 of the liberties in question." 



The Tribunal will perceive that Lord Bathurst there, while deny- 

 ing the right of the United States to claim a continuance of the 

 liberties granted in 1783. and notwithstanding the war, was willing 

 ing to continue those liberties, re-grant them, provided the United 

 States " would co-operate with His Majesty's Government in devising 

 such regulations as shall prevent the recurrence of inconveniences 

 similar to those " which he has recounted. That is joint regulation. 

 That is not bringing to bear upon the exercise of the liberties of the 

 Americans the sole and uncontrolled judgment of Great Britain. 

 It is a distinct proposal, in the letter that formed the basis and 

 corner-stone of the negotiations of 1818, that this renewal should 

 be on the basis of joint regulation. 



Mr. Adams, on p. 286 of the United States Case Appendix, in his 

 reply to Lord Bathurst, closes his letter with an acceptance, as full 

 ;j> a minister dealing with a new proposition, without having had 

 time to consult with his Government could well make it, of this pro- 

 posal for joint regulation. I read the last paragraph on p. 286 of the 

 United States Case Appendix, where Mr. Adams says : 



" The collision of particular interests which heretofore may have 

 produced altercations between the fishermen of the two nations, and 

 the clandestine introduction of prohibited goods by means of Ameri- 

 can fishing vessels, may be obviated by arrangements duly concerted 

 between the two Governments. That of the United States, he is 

 persuaded, will readily co-operate in any measure to secure those 

 ends compatible with the enjoyment by the people of the United 

 States of the liberties to which they consider their title as unim- 

 paired, inasmuch as it has never been renounced by themselves." 



