192 FISHERIES ARBITRATION AT THE HAGUE 



the Governor or person exercising the office of Governor in the 

 Colony. 



Article 4 provides: 



"That if any Person or Persons, upon the Requisition made by the Gov- 

 ernor of Newfoundland, or the Person exercising the OiEce of Governor, or 

 by any Governor or Person exercising the Office of Governor, in any other 

 Parts of His Majesty's Dominions in America as aforesaid, or by any Officer 

 or Officers acting under such Governor or Person exercising the Office of Gov- 

 ernor, in the Execution of any Orders or Instructions from His Majesty in 

 Council, shall refuse to depart from such Bays or Harbors; or if any Person 

 or Persons shall refuse or neglect to conform to any Regulations or Directions 

 which shall be made or given" 



then he shall be punished. I should think it appHed to both. 



Judge Gray: And to British subjects as well, who may presume 

 to interfere with treaty rights ? 



Senator Root: Certainly; it apphes to everybody. I think 

 it is a general clause, giving sanction to the execution of both of 

 these powers. The power in the King in Council to give orders 

 for carrying out and giving effect to the treaty, and the power in 

 the King in Council and the Governors of the Provinces for restrict- 

 ing the abuse of the treaty rights on the non-treaty coast. 



The Order-in-Council of the 19th June, 1819, appears at p. 114, 

 and I begin to read at middle of p. 115 of the United States Case 

 Appendix. It provides, after a recital of the treaty and the statute: 



"It is ordered by His Royal Highness the Prince Regent, in the name 

 and on the behalf of His Majesty, and by and with the advice of His Majesty's 

 Privy Council, in pursuance of the powers vested in His Majesty by the said 

 Act, that the Governor of Newfoundland do give notice to all His Majesty's 

 subjects being in or resorting to the said ports that they are not to interrupt 

 in any manner the aforesaid fishery so as aforesaid allowed to be carried on 

 by the inhabitants of the said United States in common with His Majesty's 

 subjects on the said coasts, within the Kmits assigned to them by the said 

 Treaty: and that the Governor of Newfoundland do conform himself to the 

 said Treaty, and to such instructions as he shaU from time to time receive 

 thereon in conformity to the said Treaty." 



That, as the Tribunal will see, contemplates no regulation of 



the exercise of this right by the inhabitants of the United States. 



The next step was the letter from Lord Bathurst communicating 



