2074 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



estate, and for an estate, and provided that these burdens shall more- 

 over contain nothing contrary to public order. The use and extent 

 of the servitudes thus established are regulated by the grant which 

 constitutes them. In default of such provision by the following 

 rules." 



And, among those rules, article 697 : 



" He to whom a servitude is granted has the right of doing every- 

 thing necessary to make use of it and preserve it." 



Article 701 : 



" The owner of the servient domain can do nothing which tends 

 to diminish the use of it or render its use more inconvenient." 



1255 Now that is what we may reasonably assume was what the 

 French civilians called a servitude. And, that according to 

 the report of Mr. Gallatin is what the British negotiators considered 

 this right to be, and because they considered it to be that, it was 

 obnoxious, and they were unwilling to continue it upon coasts, 

 especially upon coasts that were inhabited. That is the meaning of 

 these letters from Mr. Bagot, in which he explains that Great Britain 

 is unwilling to give a wider extent of fishing rights, to give an extent 

 of fishing right anywhere but upon these wild and unfrequented 

 coasts, because it would interfere with the due administration of His 

 Majesty's Government, and the control which His Majesty exercised 

 over his own territory. 



This report is produced and printed by Great Britain. It is a 

 statement by Mr. Gallatin, whose eminence, whose penetrating intelli- 

 gence, and whose historical position make it impossible to doubt for 

 a moment the genuineness and the veracity of the statement. And, 

 by what is it met? 



Where are the reports of the negotiators of Great Britain which 

 might meet it, which might explain it? I do not complain of their 

 absence. Great Britain is not obliged to produce any papers. She 

 produces what she pleases, and she is under no obligation to furnish 

 evidence unless it helps her case; but, I should be unwilling to have 

 this case close, and leave the counsel of the United States open to the 

 imputation hereafter if these reports should ever appear, should 

 ever become public, and they should appear to have matter in them 

 relevant and important to the determination of this case, that counsel 

 of the United States had overlooked the fact that there were prob- 

 ably such reports, and that they had not been produced, or that we 

 had neglected to say to the Court that we must insist upon having 

 the inferences drawn which are natural to be drawn when evidence 

 within the control of a party which might lead to one result or 

 another is not produced. 



It appears with great circumstantiality that there must have been 

 reports, for on the 17th September. 1818, we have printed in the 



