NESBET, Colonial Secretary to Thomas Kirkpatrick, February 4, 1865

Mr. Nesbet to Mr. Kirkpatrick.

Sir. I am directed by the governor to acknowledge your letter of the 3d instant, stating the circumstances under which boats and officers from the United States steamer Honduras twice landed from that ship in disregard, in both instances, of the quarantine regulations of this harbor, and in opposition, on the second occasion, to her Majesty’s orders and directions, laid down for the guidance of ships of war belonging to the United States, and to the intimations conveyed to yourself and Captain Harris that his excellency could not grant his permission to enter the harbor.

Captain Harris could not have been ignorant of the regulations existing in this and most other civilized countries, which prohibit persons from leaving a vessel arriving at a port until it shall have been boarded and permission granted by the competent officer. The proper course for obtaining this is known to every naval officer. It is presumed that, as consul, you must be familiar with the local law on the subject, and that you must have informed Captain Harris that he was acting in contravention of the law.

Captain Harris must have been aware that United States ships are forbidden to enter the ports or waters of any place in her Majesty’s dominions, except under stress of weather, or some other extraordinary circumstances; and, in the latter case, only after having received permission to do so. Such permission was given to the United States steamer Honduras to enter the waters of Abaco, for the purpose of lending assistance to the wrecked ship-of war San Jacinto, but her commander was informed that the governor was restricted from giving it to her to enter those of this island, even in the interest of inhabitants of this colony.

It is true that the governor only denied his permission to anchor; but you must be aware, and Captain Harris must be aware, that both the letter and spirit of the Queen’s proclamation, and the whole tenor of the communication with his excellency on the afternoon of the day on which he first landed, prohibited his further communication with the shore, as much as his anchoring in British waters. Captain Harris must also have known that the taking in of stores of any kind without the governor’s permission was contrary to her Majesty’s orders and directions, which are framed with a view of preventing the ships-of-war of both belligerent parties in the neighboring continent from entering British waters or communicating with the shore, under any circumstances, except in such stress of weather, or such other difficulty, as might endanger the safety of the ship.

His excellency very much regrets this occurrence As an act of courtesy he abstained from requesting Captain Harris at once to leave the shore, and to remove his ship from the mouth of the harbor, but if he could have anticipated that Captain Harris would have come on shore again, and that his ship would have remained off the mouth of the harbor until a late hour on the following day, it would have been his duty, however distasteful the necessity, to have made this request direct to that, officer.

His excellency hopes that you will spare him the necessity, on any similar occasion, by cautioning the commanders of all United States ships-of-war entering these waters, and that you will exert your influence to prevent any infringement of the Queen’s territorial rights by ships and subjects of the United States. The governor has already evinced his desire to use every endeavor to prevent such infringements by the belligerents on the other side, or by parties interested in their cause.

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