No. 267.
Mr. M. M. Jackson to Mr. Dish.
No. 300.]
Consulate of the United States of
America,
Halifax, N.
S.,
September 5, 1870. (Received September,
10.)
Sir: I have the honor to inclose herewith
copies of a correspondence with Vice-Admiral George Greville Wellesley,
respecting supplies to American fishermen in colonial ports.
[Page 425]
The contradictory reports in circulation in reference to the orders given
by the vice-admiral and the frequent applications made to me by American
citizens engaged in the ocean fisheries for information on the subject
rendered the correspondence necessary.
It will be seen by the vice-admiral’s communication that for the first
time since the treaty of peace in 1815 have the imperial authorities
prohibited ice, bait, or other supplies from being furnished in the
colonial ports to American fishermen engaged in the deep-sea or ocean
fisheries. And this prohibition, so extraordinary and unprecedented, was
neither announced nor enforced, either by the imperial or Dominion
authorities, until after the commencement of the fishing season, when
our vessels were on their voyages to the fishing grounds.
In my judgment the grounds upon which the prohibition is sought to be
justified by the vice-admiral are wholly untenable, and arise from a
total misconception of the objects, purposes, and intent of the treaty
of 1818. That treaty was adopted exclusively for the purpose of settling
certain differences and disputes between the United States and Great
Britain, respecting the “liberty claimed by the United States to take,
dry, and cure fish on certain coasts, bays, harbors, and creeks of her
Britannic Majesty’s dominions in America.” It made no reference to and
did not attempt to regulate the deep-sea fisheries, which were open to
all the world, and over which Great Britain had not, at the time of the
adoption of the treaty, and has not now, any more control than the
United States.
It is obvious that the words “and for no other purpose whatever,” used in
the treaty of 1818, immediately after the clause declaring that “the
American fishermen shall be admitted to enter such bays or harbors for
the purpose of shelter and of repairing damages therein, of purchasing
wood and of obtaining water,” must be construed to apply solely to such
purposes as are in contravention of the treaty; namely, to purposes
connected with the taking, drying, or curing fish within three marine
miles of certain coasts, and not in any manner to supplies intended for
the ocean fisheries, with which the treaty had no connection; supplies
which ever have been and ever must be legitimate articles of trade and
commerce, and which cannot, it appears to me, be prohibited in a time of
peace, either by the imperial or Dominion authorities, without violating
the usages of civilized and enlightened nations.
I have the honor to be, sir, your obedient servant,
M. M. JACKSON, United States
Consul.
Mr. Jackson to Vice-Admiral Wellesley.
Consulate of the United States
of America,
Halifax, Nova Scotia,
August 30, A. D.
1870.
Sir: I perceive it is stated in one of the
morning papers of this city that an order has been transmitted from
the Canadian authorities prohibiting American fishing vessels from
obtaining any supplies in the ports of the British North American
provinces. If any such order has been received by your excellency,
will you be kind enough to furnish me a copy thereof?
I have the honor to be, sir, your obedient servant,
M. M. JACKSON, United States
Consul.
His Excellency Vice-Admiral Wellesley,
C. B., &c., &c., &c.
[Page 426]
Vice-Admiral George G. Wellesley
to Mr. M. M. Jackson.
Royal Alfred, at
Halifax,
August 31, 1870.
Sir: I have the honor to acknowledge the
receipt of your letter of yesterday’s date, and to inform you, in
reply, that I have not seen the statement in the morning papers
alluded to; and as such an order would probably have been addressed
by the Dominion government to its own officers, I can only suggest
that an application should be made to the Dominion government for
the information required.
I have the honor to be, sir, your very obedient servant,
GEORGE G. WELLESLEY, Vice-Admiral.
Mr. M. M. Jackson to Vice-Admiral Wellesley.
Consulate of the United States
of America,
Halifax, Nova
Scotia
,
September 1, A.
D. 1870.
Sir: I have the honor to acknowledge the
receipt of your communication of yesterday, suggesting an
application to the Dominion authorities for the in formation which I
requested.
I addressed you under the impression that the imperial and Dominion
authorities were coöperating and acting under the same orders,
regulations, and instructions in reference to all matters connected
with the protection of the in-shore fisheries.
As American fishermen are almost daily visiting this port on their
way to the fishing banks, it becomes a matter of great importance to
them to know whether any orders have been issued by your excellency,
as the representative of the imperial government, to prevent them
from obtaining such supplies as have been customary, both before and
since the treaty of 1818, in all the ports of the British North
American provinces.
Since addressing you I have understood that the commanders of her
Majesty’s vessels, acting under the authority of your excellency,
have notified American fishermen bound to the fishing banks that
they would not be permitted to procure ice or other supplies in any
of the colonial ports, and that any attempt to procure such supplies
would subject their vessels and cargoes to seizure and
confiscation.
As consul of the United States I am frequently applied to by American
citizens engaged in the deep-sea fisheries for information on this
subject. To enable me to give such information I have respectfully
to request you to furnish me with copies of any orders issued by
your excellency in relation to supplies to American fishermen.
I have the honor to be, sir, your obedient servant,
M. M. JACKSON, United States
Consul.
Vice-Admiral Wellesley to
Mr. M. M. Jackson.
Royal Alfred, at
Halifax,
September 3, 1870.
Sir: I have the honor to acknowledge the
receipt of your letter of yesterday’s date, in which you request me
to furnish you with copies of any orders I have issued in relation
to supplies to American fishermen, and, in reply, to state that
copies of my instructions to the officers under my orders were
transmitted to her Majesty’s minister at Washington, and were by him
communicated, by the orders of her Majesty’s government, to the
United States Secretary of State.
Although it is not within the scope of my authority to furnish you
with these documents, I may state in general terms, which will
probably be sufficient for the purpose you have in view, that the
duty enjoined on the commanding officers of her Majesty’s ships is
to prevent any infringement of the arrangements agreed on between
the two governments in respect of the fisheries in the treaty of
1818. That treaty expressly defines the purposes for which alone
United States fishing vessels are to be allowed to enter ports
within certain limits. The words used are as follows:
“Provided, however,
That the American fishermen shall be admitted to enter such bays or
harbors for the purpose of shelter and repairing damages therein, of
purchasing wood and of obtaining water, and for no other purpose
whatever. 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.”
It appears to me that the expression “for no other purpose whatever”
excludes them from procuring ice, bait, or other supplies, and the
officers have, therefore, in my judgment, properly notified American
fishermen against any attempt to infringe the treaty, [Page 427] and, by so doing, also disobey the
British and colonial laws in reference thereto, in which the very
same terms are used.
I have the honor to be, sir, your very obedient servant,
GEORGE G. WELLESLEY, Vice-Admiral
