ARGUMENT OF MR. ROOT 219 



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," etc. 



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 

 vrithin 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," etc. 



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 Umitations 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 



