WELLESLEY, Vice-Admiral to Michael M. Jackson, September 3, 1870

Vice-Admiral Wellesley to Mr. M. M. Jackson.

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, 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,