io6 FISHERIES ARBITRATION AT THE HAGUE 



while, under this argument of Lord Bathurst, she was out-faced, 

 borne down, and compelled to give up the greater part of the rights 

 she had held under the treaty of 1783, the little remnant that she 

 saved was to be made permanent beyond any possibility of doubt. 

 That is a dominant feature in the article of the treaty of 1818, and 

 it is one to which no Court can fail to give effect. It must receive 

 effect, and it must receive the effect that all the conditions and 

 circumstances show it was intended to have. The American in- 

 structions to the negotiators, which appear on p. 304 of the United 

 States Appendix, are : 



"The President authorizes you to agree to an article whereby the United 

 States will de.=iist from the liberty of fishing and curing and drying fish, within 

 the British jurisdiction generally, upon condition that it shall be secured as 

 a permanent right; not liable to be impaired by any future war." 



The President: What is the connection between the perpe- 

 tuity, the permanent character, of the right and its exemption 

 from regulation by the state in whose territory it is to be exercised ? 



Senator Root : The connection is this. I assimie I may now 

 pass from demonstrating the importance and pressing nature of 

 the demand for permanency and for the inclusion of the word 

 "forever," which, in numerous docimients appearing here, is shown 

 to have been a consideration in the negotiation. For example, 

 in the letter from Mr. Robinson to Lord Castlereagh of the loth 

 October, 1818, the British negotiator reported, British Case Appen- 

 dix, p. 92, that permanency was an indispensable condition on the 

 American part; in the letter of Messrs. Gallatin and Rush to Mr. 

 Adams of the 20th October, 1818, United States Case Appendix, 

 p. 307, Mr. Gallatin says the insertion of the words "forever" was 

 strenuously resisted; in Mr. Gallatin's letter of the 6th November, 

 1818, British Case Appendix, p. 97, he says that they could have 

 secured more territory at the expense of giving up the word "for- 

 ever," and the report of Messrs. Robinson and Goulburn of the 

 17th September, 1818, British Case Appendix, p. 86, refers to the 

 right permanently conveyed. Now, the connection of that with 

 the right of regulation is that there is only one way to give effect 

 to this absolutely essential feature of the grant, and that is to 



