QUESTION ONE. 35 



fisherman shall enjoy the fishery which is assigned to them by the 

 present article, as they had the right to enjoy that which was as- 

 signed to them by the Treaty of Utrecht." 



There can be no doubt that each of these treaties conveyed a right 

 as fully as if the word " right " had been employed. International 

 agreements, as before stated, are covenants in good faith and are to 

 be equitably and not technically construed. 



Mr. John Quincy Adams, in one of his letters to Lord Bathhurst, 

 said with force and truth : " The undersigned is persuaded it will be 

 readily admitted that wherever the English language is the mother 

 tongue the term liberty far from including in itself either limita- 

 tion of time or precariousriess of tenure, is essentially as permanent 

 as that of right" l 



Lord Bathhurst, in his reply to Mr. Adams, did not controvert 

 this statement, but merely pointed out that the words liberty and 

 right were placed in opposition to each other in the treaty of 1783, 

 and therefore were to have attached to them different degrees of right 

 in the sense of their permanency. It is not necessary in this connec- 

 tion to controvert that observation. But the United States submits 

 confidently that the word liberty when employed alone in a grant or 

 concession is as broad and comprehensive a word as right, and con- 

 veys and assures the faculty of doing the thing granted, upon as full 

 and ample tenure without limitation or reservation, as if the word 

 right had been employed. 



The two Governments in subsequent treaties, have treated the two 

 words as convertible terms. In the treaty of 1854 the American 

 fishing right, under the treaty of 1818, is spoken of as " the right of 

 fishing on the coasts of British North America," etc. In the treaty 

 of 1871 it is spoken of as " the liberty secured to the United States 

 fishermen," etc.* 



MEANING OF " IN COMMON." 



The claim of an unlimited right by Great Britain to make regula- 

 tions based on the use of the words in common is thus stated in the 

 British Case: 



The liberty granted is expressed to be a liberty " in common," with 

 British fishermen. Now there can be no pretense that British fish- 



TJ. S. Case, Appendix, 53. c U. S. Case, Appendix, 26. 



*U. S. Case p. 29; Appendix, 283. U. S. Case, Appendix, 29. 



