ARGUMENT OF ELIHU ROOT. 2081 



I now pass to the construction placed upon this treaty by the 

 parties when the treaty has been made. I shall, I think, show that for 

 sixty years after the making of the treaty both Governments treated 

 it in accordance with the view which I have imputed to the negoti- 

 ators of the treaty. The first thing done under the treaty was 

 1259 the passing of the Act of 1819, which appears in the United 

 States Case Appendix at p. 112. I need not dwell very long 

 upon that, further than to say what, I think, has already been said 

 that the Act neither provides for nor contemplates any regulation 

 of the right of fishing. It does expressly provide that His Majesty, 

 with the advice of the Privy Council, may 



" Make such Kegulations, and to give such Directions, Orders and 

 Instructions to the Governor of Newfoundland, or to any Officer or 

 Officers on that Station, or to any other person or persons whomso- 

 ever, as shall or may be from time to time deemed proper and neces- 

 sary for the carrying into Effect the Purposes of the said Convention." 



Of course the other person or persons are persons to whom it is 

 competent for the King in Council to give orders, persons whose po- 

 sition would enable them to exercise an influence on giving effect to 

 the treaty provisions. On the other hand, the Act vests in His 

 Majesty in Council and in the Governor or person exercising the 

 office of Governor, in such parts of His Majesty's dominions in Amer- 

 ica as are covered by the renunciatory clause, the power to make regu- 

 lations under that clause. 



The first step taken by the British Government after the treaty is 

 a step which does not contemplate regulating the American exercise 

 of the American right of fishing, but does contemplate giving effect 

 to that right and regulating the right of vessels on the non-treaty 

 coasts. The next step was the Order-in-Council of the 19th June, 

 1819, which appears at p. 114 of the United States Case Appendix. 



THE PRESIDENT : May I ask your comment, Mr. Senator Root, con- 

 cerning a disposition in No. 4 of the Act, where it is said, about the 

 middle of the article 



" if any Person or Persons shall refuse nor neglect to conform to any 

 Regulations or Directions which shall be made or given by the Execu- 

 tion of any of the Purposes of this Act, every such Person, so refusing 

 or otherwise offending against this Act shall forfeit the Sum of Two 

 hundred Pounds." 



Does that refer to the non-treaty coast only, or does it refer also 

 to the treaty coast ? And what are the regulations which are meant 

 in this part of the Act ? 



SENATOR ROOT: I understand it to be. although this is rather a first 

 impression on the President's question, a reference to the " directions, 

 orders and instructions to the Governor of Newfoundland, or to any 

 officer or officers on that station, or to any other person or persons 



