ARGUMENT OF MR. ROOT 191 



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

 Appendix. 



The President: May I ask your comment, Mr. Senator Root, 

 concerning 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 or neglect to conform to any Regu- 

 lations or Directions which shall be made or given for the Execution of any 

 of the Purposes of this Act, every such Person, so refusing or otherwise offend- 

 ing 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 Newfound- 

 land, or to any officer or officers on that station, or to any other 

 person or persons whomsoever," and a refusal or neglect "to con- 

 form to any regulations or directions which shaU be made or given 

 for the execution of any of the purposes of this Act," although it 

 may include both. It would require more careful examination 

 and consideration than I have given to the question for me to 

 determine in my own mind. But the Act seems to contemplate 

 two quite different proceedings. One is the 



''giving of orders for carrying into effect the purposes of the said Convention 

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

 United States of America" 



and the other is the making of regulations containing 



"such restrictions as may be necessary to prevent such fishermen of the said 

 United States from taking, drying, or curing fish in the said bays or harbors" 



of the non-treaty coast 



"or in any other manner whatever abusing the said privileges by the said 

 treaty and this Act reserved to them." 



And that function may be performed either by an order or orders 

 to be made by His Majesty in Council or by regulations issued by 



