QUESTION ONE. 51 



The fourth and concluding section attached penalties to persons 

 refusing to depart from such bays and harbors (those last men- 

 tioned) when ordered by competent authority to do so, and to per- 

 sons who should refuse or neglect to conform to any regulations 

 made or given for the execution of any of the purposes of the act." 



The regulations to be made under the first section of the act 

 related to the treaty coasts. Such regulations were to be made 

 by the King alone, by and with the advice of the privy council, 

 and were to be such as were "deemed proper and necessary for 

 the carrying into effect the purpose of the said convention, with 

 relation to the taking, drying and curing of fish by the inhabitants 

 of the United States, in common with British subjects" The regu- 

 lations here contemplated were such as might be proper and necessary 

 to carry into effect the affirmative purpose of the convention, namely 

 the admission of American fishermen to the liberty of taking, drying 

 and curing fish ; and because that purpose was one for the due execu- 

 tion of which the Crown had pledged its faith and concerning which 

 no right of restricted regulation had been reserved by the treaty, the 

 power and duty of making regulations and giving the necessary in- 

 structions to effectuate it were lodged in the King alone. 



That the regulations to be made by the King were to be confined 

 to the single affirmative purpose stated, is not only to be gathered 

 from the language of the act, but the regulations made by the King 

 with the advice of the privy council, in the order in council made 

 June 19, 1819, were confined to that single affirmative purpose ; thus 

 affording a conclusive exposition of the meaning of the act. 6 



The regulations on the other hand contemplated by the third sec- 

 tion of the act had relation to the non-treaty coasts, and were to be 

 such as might be necessary to prevent the American fishermen who 

 were to be permitted to resort to the bays and harbors of those coasts 

 for shelter, repairs, wood, and water, from taking, drying, or curing 

 fish in such bays, or harbors, or in any other manner abusing the 

 privileges secured to them by the treaty. It will be remembered 

 that the treaty contemplated and provided for this last class of regu- 

 lations, in the words : " but they shall be under such restrictions as 

 may be necessary to prevent their taking, drying or curing fish 

 therein, or in any other manner whatever, abusing the privileges 

 hereby reserved to them." 



U. S. Case, Appendix, 114. 6 U. S. Case, 71; Appendix, 115. 



