No. 182.
Mr. Fish to Sir Edward Thornton.

Sir: I have the honor to acknowledge the receipt of your note of the 10th instant, in which, referring to a supposed arrangement, in pursuance of which American fishermen were provisionally admitted to exercise their employment on the coast of Prince Edward’s Island, you state that the government of that island was of the opinion that that privilege should not be further enjoyed until this Government shall have refunded the duties which have been levied upon fish and fish-oil imported from that colony into the United States.

In reply, I have the honor to state that I am not aware of any such arrangement as that to which you refer. It is true that, in the note of the 8th of May, 1871, addressed to you by this Department, it was suggested that as the legislation required to carry into effect the treaty of Washington could not take place until after the fishing season, then near at hand, the privileges promised by the treaty should at once be granted to United States fishermen upon the condition that the President should recommend to Congress the refunding of any duties upon fish and fish-oil of certain British colonies, imported into this country after the first day of July then next ensuing.

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In the note of 24th November last, addressed by this Department to Mr. Pakenham, he was informed that in regard to this subject the United States deals with Great Britain, and that the proposition made in May of that year contemplated the united action of all the British colonies. Why that proposition, even if so far accepted by the government of Prince Edward’s Island, as to abstain during the last season from molesting fishermen of the United States, should still be termed an arrangement, it is difficult to understand.

It further appears from your note that Her Majesty’s government approves of the course in this matter which has been taken by the governor of Prince Edward’s Island, and has issued orders for the protection of the fisheries of that island.

The concluding paragraph of your note assigns, as a reason for the decision of Her Majesty’s government on the subject, the failure by this Government to fulfill the condition upon which the provisional use of the fisheries of that island was granted.

I will not repeat that as there seems to be an unaccountable misconception of the obligations assumed by this Government, the reason assigned for enforcing what are termed the fishing-laws on the coasts of Prince Edward’s Island, cannot be allowed to have any weight.

It is hoped, however, that in carrying that measure into effect, a spirit of justice and forbearance will be made apparent, so that unnecessary and unprofitable irritation upon the subject may be avoided.

I have, &c,

HAMILTON FISH.