ARGUMENT OF ELIHU ROOT. 2105 



Canadian act respecting fishing by foreign vessels, of the 22nd of 

 May, 1868, I have now the honor to enclose a further law of the 12th 

 instant, repealing the third section of the above-mentioned act." 



The act to which Mr. Thornton refers appears on p. 136 of the 

 American Appendix, and the language which it repeals is : 



"Any one of such officers or persons as are above-mentioned, may 

 bring any ship, vessel or boat, being within any harbor in Canada, or 

 hovering (in British waters) within three marine miles of any of the 

 coasts, bays," &c. 



JUDGE GRAY : It does not repeal that, does it, Mr. Root ? That is a 

 substitute. 



SENATOR ROOT: Yes, that is the substitute. The section which it 

 repeals runs: 



" If such ship, vessel or boat be bound elsewhere, and shall continue 

 within such harbor or so hovering for twenty-four hours after the 

 Master shall have been required to depart, any one of such officers, 

 or persons, as are above-mentioned may bring such ship, vessel or 

 boat into port," &c. 



That appears on p. 133 of the American Appendix. 



JUDGE GRAY : Yes. 



THE PRESIDENT: The change is that the requisite that the master 

 was required to depart has been left out? 



SENATOR ROOT: Yes. 



THE PRESIDENT: That is the difference between the two acts? 



SENATOR ROOT : Yes ; it is a little more stringent. 



THE PRESIDENT : A little more stringent ? 



SENATOR ROOT : It is a little more stringent, and does not give them 

 quite so much opportunity for notice. 



THE PRESIDENT : It is much more stringent, yes. 



SENATOR ROOT: That having been received from Mr. Thornton, 

 and, of course, being an amendment of the original statute, subject 

 to all the limitations of the original statute, it was handed over to 

 Mr. Boutwell, and Mr. Boutwell issued a new circular which included 

 a reference to that amendatory statute, together with the original 

 statute of 1868. That new circular is to be found in the British Case 

 Appendix at p. 237; and in that new circular he included this 

 sentence : 



" Fishermen of the United States are bound to respect the British 

 laws and regulations for the regulation and preservation of the fish- 

 eries to the same extent to which they are applicable to British or 

 Canadian fishermen." 



Then he goes on to recite the Act o$ 1868 again, and the Act of 

 May 1870, which amended it, by making the third section more 

 92909 S. Doc. 870, 61-3, vol 11 34 



