48 THE ARGUMENT OP THE UNITED STATES. 



The letters of Mr. Bagot were in the possession of the British nego- 

 tiators of the treaty of 1818, transmitted to them by Lord Castle- 

 reagh for their information and guidance as well as the letters of 

 Mr. Monroe and Mr. Adams, showing the nature of the American 

 pretentions. 



The British negotiators were immediately put in possession of the 

 American demands concerning the fisheries, by the American pleni- 

 potentiaries as shown by their dispatch (No. 3) to Lord Castlereagh. 6 



On the 7th of October, 1818, these demands were supplemented by 

 the memorandum of Messrs. Rush and Gallatin, in which it was 

 stated, among other things, that, " Whatever extent of fishing ground 

 may be secured to American fishermen, the American plenipoten- 

 tiaries are not prepared to accept it on a tenure or on conditions differ- 

 ent from those on which the whole has heretofore been held. 



That these demands had been acceded to by the British pleni- 

 potentiaries was admitted by Mr. Robinson in his dispatch to Lord 

 Castlereagh of October 10, 1818, three days after the American memo- 

 randum.* 



When to the foregoing is added the fact that neither in the pro- 

 tocols, nor in the correspondence of the plenipotentiaries between 

 themselves or with their Governments, is there any evidence that the 

 words in common were introduced for the very far-reaching purpose 

 now claimed for them in the British Case, or that they were intro- 

 duced for any purpose which the negotiators on either side consid- 

 ered of particular importance, or worthy of note in their reports of 

 the negotiations, the United States submits that it is not possible, 

 consistently with that good faith which must accompany the con- 

 struction of treaties, to attach to the words in question the meaning 

 now contended for by Great Britain. 



Other provisions of the fishery article negative that there was any 

 purpose on the part of Great Britain to retain any power of limiting 

 or restraining the American right of fishing on the treaty coasts by 

 regulations. The right to impose regulative restrictions on American 

 fishing vessels when resorting to the non-treaty coasts, for shelter, 

 repairs, wood and water, was expressly reserved, while no reservation 

 of a similar right was made with reference to vessels resorting to the 

 treaty coasts for the purpose of fishing. Expressio unius est exclusio 



British Case, Appendix, 85. TT. S. Case, 60, Appendix, 314. 



* British Case, Appendix, 86. 'British Case, Appendix, 92. 



