AWARD OF THE FISHERY COMMISSION. 1495 



I addressed you under the impression that the Imperial and Dominion 

 authorities were co-operating, and acting under the same orders, regu- 

 lations, and instructions in reference to all matters connected with the 

 protection of the inshore 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 getting 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,! 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. 



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



M. M. JACKSON, 

 United States Consul. 



His Excellency, Vice-Admiral GEO. GRENVILLE WELLESBY, C. B., 



&C.j &C. 



No. 38. 



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 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 in- 

 fringement of the arrangement 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 

 iimits. 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 of 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, and 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, and other supplies; and the offi- 



