628 CORRESPONDENCE, ETC. 



VESSELS REQUIRED TO LEAVE PORT. 



The manner in which the fishery laws are now construed and at- 

 tempted to be enforced by the Dominion authorities, if acquiesced in 

 would amount to a practical exclusion of our fishing vessels from 

 colonial ports; for, although their right to enter for the purpose of 

 "• shelter, repairing damages, purchasing wood and obtaining water," 

 is guaranteed by solemn treaty, yet, no sooner do they now enter, 

 than, contrary to all former practice, they are required to depart even 

 before it is ascertained for what purpose and under what circum- 

 stances they resort thither. 



"While authority is given to certain officers, both imperial and Cana- 

 dian, to seize any American fishing vessel " found within three marine 

 miles of any of the coasts, bays, creeks, or harbors in Canada," which, 

 after examination, "has been found fishing or preparing to fish, or 

 to have been fishing in British waters," yet nothing in any of the 

 acts respecting the fisheries warrants this summary exclusion of such 

 vessel from port, or prohibits any vessel from entering as well for the 

 purpose of procuring supplies, as for shelter, repairs, wood, and water. 

 On the contrary, the fishery laws themselves, as well as the regulations 

 respecting pilotage, recognize the right of foreign fishing vessels 

 freely to enter the ports of the British North American provinces. 



The rigorous measures now for the first time adopted, which ma- 

 terially affect the interests of a large class of American citizens 

 engaged in the prosecution of an important branch of industry, while 

 deriving no sanction from the treaty of 1818, or the usages of nations, 

 are rendered still more objectionable from having been undertaken 

 without notice previously given, either by the Canadian minister of 

 marine and fisheries, by the collectors of colonial customs, or by the 

 vice-admiral in command of her Majesty's fleet in the British North 

 American waters. In consequence of which, American fishing ves- 

 sels, on their voyages to the Grand Banks, have been seized in colonial 

 waters, and, in subversion of every principle of right or justice, sub- 

 jected to confiscation under some previously unknown order. Our 

 fishermen can better endure hardship and peril than wrong and 

 injustice. 



Our fisheries furnish a nursery for a vigorous and energetic race 

 of seamen in time of peace, and effectively add to our naval strength 

 in time of war; and the enterprising and intrepid men engaged in 

 them — whose employment is as hazardous to themselves as beneficial 

 to the nation — should be encouraged by the liberality and protected 

 by the power of the republic. 



I have the honor to be, sir, your obedient servant, 



Mortimer M. Jackson, 



United States Consul. 



Earl of Kimberley to Sir John Young. 



Canada — Confidential.] 



Downing Street, 10th October, 1870. 



Sir, — I enclose copy of a memorandum, which I have requested 

 Lord Granville to transmit to Sir E. Thornton, with instructions to 

 communicate with you before addressing himself to the Government 



