PERIOD FROM L854 TO 1-71. 621 



ities prohibited ice, bait, or other supplies from being furnished in 

 the colonial ports to America mien engaged in the deep sea or 



ocean fisheries. And this prohibition, so extraordinary and unprece- 

 dented, 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 con- 

 strued 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 conned ion ; 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 tin," honor to be, sir, your obedient servant. 



M. M. Jackson, 

 TJniU d Stat ■ 



[Inclosure No. I.] 



Consul Jac7c8on to Vice-Admiral Wellesley. 



( lONST LATE OF THE [J» S r.u E8 Or A MERICA, 



Halifax, Nova ' ■. August SO, .1. D. 1870. 



Sib: I perceive it is stated in one of the morning papers of this 



city that an order h;i- been tran mitted from the Canadian authorities 



prohibiting American G hing ve el from obtaining any Bupplie in 

 the porta of the Briti h North American provinces. If any Buch 

 order has been received by your excellency, will yon he kind enough 

 to furni b me a copy thereof? 

 I have the hotmr to i.e. ir, yom- obedient servant, 



M. M. Jacks* 

 / ited States ('<>n.nd. 



His Excellency Vice A.dmiral Willi let, C. B., Ac., A 



