ARGUMENT OF MR. ROOT 169 



Senator Root: Yes; it is putting a regulation into the 

 treaty. 



Sir Charles Fitzpatrick: It is putting an obligation on the 

 United States to impose certain restrictions on its citizens. That 

 is what it is. 



Senator Root: Putting an obligation on the United States to 

 impose certain restrictions ? 



Sir Charles Fitzpatrick: Yes; putting an obligation on its 

 own citizens. That is what it is. 



Senator Root: Yes, I quite agree to that proposition. 



Judge Gray: That is a regulation. 



Sir Charles Fitzpatrick: Yes. 



■ Senator Root: Then in the last paragraph of this Article A, 

 on p. 313 of the United States Case Appendix, is another regulation: 



"And in order the more effectually to guard- against smuggling, it shall 

 not be lawful for the vessels of the United States engaged in the said fishery 

 to have on board any goods, wares, or merchandise whatever, except such 

 as may be necessary for the prosecution of the fishery, or the support of the 

 fishermen whilst engaged therein or in the prosecution of their voyages to 

 and frorn the said fishing grounds. And any vessel of the United States 

 which shall .contravene this regulation may be seized, condemned, and con- 

 fiscated, together with her cargo." 



That is putting the enforcement directly into the hands, I 

 suppose, of the — 



■ 



Sir Charles Fitzpatrick: That is a customs regulation. 

 Senator Root: Yes. 



Sir Charles Fitzpatrick: That is a customs regulation, not 

 a fishery regulation. 



Judge Gray: It regulates fishing vessels. 



Senator Root: It regtdates fishing vessels and subjects fishing 

 vessels to the supervision and judgment of local officers; for of 

 course somebody has to determine whether the "goods, wares, or 



