ARGUMENT OF MR. ROOT 179 



the compact was permanent and not temporary — not experimental, but 

 definitive." 



Now, I say, in that letter, which was one of the series of letters 

 forming the basis of this negotiation and in the hands of the negoti- 

 ators upon both sides, there was the argument with respect to the 

 expression of that restriction, that it excluded any possible impUca- 

 tion of other restrictions, however circumstances might change, 

 and, in the face of that, the negotiators included in their treaty that 

 express restriction without any saving as against the application of 

 the doctrine expressio unius. 



The President: Could it not be said, Mr. Root, that for this 

 reservation there was quite a special reason and a special necessity 

 in the words "for ever," because if this reservation had not been 

 made, then the use of the shore for drying purposes would also be 

 a permanent use without any regard to its becoming inhabited on 

 the shores ? 



Senator Root: Yes, Mr. President, that may be said. That 

 furnishes a reason for putting in the express restriction, but empha- 

 sizes the inference inevitably to be drawn from the fact that in the 

 face of the argument which Mr. Adams had used as to the well- 

 known implication that from the expression of one restriction, the 

 absence of power to impose any others has to be drawn. In the face 

 of that they did put it in. However good the reason may have been, 

 doubtless there was a reason, evidently there was a reason, but the 

 fact that there was a reason does not interfere at all with the infer- 

 ence we are bound to draw from the fact that with fair notice that 

 that rule would be applied to them, was being appUed to them, they 

 chose to put it in without any saving clause to negative the apphca- 

 tion of the rule. 



The President: This reservation was to express that the right 

 to fish was a permanent right, and that the right to dry and cure 

 was not a permanent right, but depended upon the circumstance 

 whether the shore remained imsettled, as at that time it was, or 

 became afterwards settled. 



Senator Root : Precisely. There was a good reason for putting 

 it in, and there was not, manifestly, in the minds of the negotiators, 



