[Sidenote: PART II.
From Stat. 10 & 11 Will. 3, to A. D. 1728.]
_Mr. Larkin’s Observations—Character of the fishing
Admirals—Character of the Commanders—Want of Police—Opinion
of the Board 1706—Representation 1708—For Sea Commanders to
command at Land—Such Commission issues—Laws and Orders made
at Newfoundland—Representation 1718—Claim of the Guipuscoans
to fish—Of the Lands ceded by the French—A Salmon Fishery
granted—Opinion on the 7th Sec. of Stat. 10 and 11 Will.
3.—Representation 1728—Recommends a civil Government—A civil
Governor is appointed—Disorders of Newfoundland, and Conduct
of the fishing Admirals during this Period—Complaints from the
Merchants._
It has ever been the disposition of the principal merchants in the west
of England to extol the provisions of stat. 10 and 11 Will. 3. as the
soundest policy that could be pursued in relation to the fishery. We
know, after perusal of the former part of this historical enquiry,
that there was always an opposition and jealousy subsisting between
the _merchants and adventurers on the one hand_, and the _planters
and inhabitants_ on the other; and the utmost credit we can give to
the former, on this subject, is to believe, that this statute fully
established their claims and pretensions, and gave them an ascendancy
over the latter; and that they now saw sanctioned by parliament, what
before depended upon a tenure of less validity. So far, and no farther,
can this eulogy have a meaning; for as a scheme of regulation, that was
to be generally beneficial, this act was, in the first place, no novelty;
in the second place it seems never, from the very beginning, to have
been completely executed; and thirdly, it gave power and jurisdiction
to hands that were unfit to exercise it: and I shall presently shew,
that those concede too much, who allow this act might have been a very
good regulation at the time it passed; for it will appear from the best
authority, that, at the very time it was passed, it was in no way of
being carried into execution as the parliament intended.
To the _heads of inquiry_, which were delivered and given in charge to
the commodore, who commanded the ships on that station, this act, and all
the particulars of it, were now added; and there appear in the returns
made thereto every year, their observations and opinion, both upon the
act and its execution. Upon such a subject there cannot be adduced better
authority than this. In the answers given to these _heads of inquiry_,
and in the correspondence of the commodores, may be traced, from time to
time, the actual state of the fishery; and it will be curious to bring
together the information that may be collected from these sources. Among
the earliest information of this sort, I find a letter from _Mr. George
Larkin_, written from St. John’s in the year 1701. This was recently
after the passing of the act; and the writer goes more fully into many
points of the trade, than the officers of government usually did. These
circumstances make this a valuable paper; and it becomes much more so,
when it is considered, that Mr. Larkin was a gentleman bred to the civil
law, who was sent out to make observations in the American settlements,
for the information of government at home, as to the state of the
Plantations, and the execution of the laws of trade and navigation.
[Sidenote: Mr. Larkin’s Observations in 1701.]
He begins by saying, that the rules and orders of this act were not so
much regarded as he could wish, which he ascribes to there being no
penalties in it. The trees were rinded, and the woods destroyed, as much
as before passing the act; and in a few years, he thought there would not
be a stick left fit for the use of the fishery within five or six miles
of that, or other harbours. The flakes that were left standing, were most
of them made use of by the inhabitants for firing in the winter.
He says, the then admiral of the harbour of St. John’s, _Captain Arthur
Holdsworth_, of Dartmouth, brought over from England, that fishing
season, two hundred and thirty-six passengers, all or great part of which
were _bye boat-keepers_, and they were brought, under a pretence of being
freighters aboard his ship, though it was only for some few provisions
for their necessary use. These persons he had put and continued in the
most convenient stages, &c. in the harbour, which all along, since the
year 1685, had belonged to fishing ships; in so much, that several
masters of fishing ships had been obliged to hire rooms of the planters.
These bye boat-keepers were most of them, he says, able fishermen, and
there was not one fresh man, or green man, amongst them, as the act
requires. He says, that this person, and one or two more, who constantly
used the fishery, made it their business in the beginning of the year, to
ride from one market town to another in the west of England, on purpose
to get passengers; with whom they made an agreement, that in case they
should happen to be admirals of any of the harbours, they would put and
continue Mr. Holdsworth, and such persons, in fishing ships’ rooms. This,
he says, was a very great abuse and discouragement to the adventurers:
besides, these bye boat-keepers could afford to sell their fish cheaper
than the adventurers, which must lessen the number of fishing ships.
There was great complaint of the _New England-men_, who for seven or
eight years, he says, had resorted to Newfoundland. They had also their
agents in most of the harbours, and drove an indirect trade, supplying
several commodities to the planters, which they ought to take from
England. Such New England vessels generally made two or three trips in a
year, with bread, flour, pork, tobacco, molasses, sugar, lime-juice, and
rum. They sold cheaper in general, but obliged their purchasers to take
certain quantities of rum. This the inhabitants sold to the fishermen,
and so encouraged them to stay behind, and leave their families in
England a burthen on the parish. The inhabitants also sold rum to their
servants, who run in debt, and were forced to hire themselves in payment
of their debt; so that one month’s profuse living, and a pair of shoes,
often left them in bondage for a year; and good fishermen, who deserved
fifteen or twenty pounds per annum, were thus made to serve for seven
pounds. He says, the _New Englanders_, at the close of the year, used to
inveigle away a great many seamen and servants, with promises of great
wages; but these men were often disappointed, and turned robbers and
pirates. The New England vessels were said, the last year, to have taken
away five hundred men in this manner, in _Conception Bay_ only; many of
these were headed up in casks to prevent discovery. He recommends, for
preventing this practice, that the masters of New England vessels should
give bond, when they cleared out, not to bring men from Newfoundland
without leave from the commodore.
We find, in after times, the captains of the king’s ships used to oblige
every New England master of a ship to give such bond, in a penalty of
five hundred pounds, with two sureties in two hundred and fifty pounds
each, not to carry any persons out of the island.
As to the fishery, he did not hear of more than one New England vessel
fishing on the coast. Indeed it appears, that _their_ fishery was
all carried on upon their own coast, where they had better fish, and
that they looked to Newfoundland for nothing but the sort of traffic
above-mentioned.
He informs us, that the inhabitants and planters of Newfoundland were
poor, indigent, and withall a profuse sort of people, that cared not at
what rates they got into debt, nor what obligations they gave, so they
could have credit. But the seizing of their fish for debt, seemed to this
gentleman to be both irregular and unjust, as to the time and manner of
doing it; for the fishermen seeing the flakes stript before the fishing
season was half over, were discouraged from proceeding any further; which
often proved the ruin and overthrow of several planters’ voyages.
Debts used not to be paid till the 20th of August; but, for two and
three years, he says, the flakes had been stript by night, and the fish
carried off in June and July, without weighing. A second had come, and
taken it from the first—the planter had had twenty or thirty quintals of
fish spoiled in the scuffle, and the rest of his creditors were forced
to go without any satisfaction. The poor fishermen, who helpt to take
the fish, had, on these occasions, gone without one penny of wages—salt
provisions and craft being always payable before wages; and he expresses
astonishment, how the planters and inhabitants could procure hands from
England to fish for them, considering how ill they used them.
[Sidenote: Character of the fishing admirals.]
Where complaints of this sort had been made to the commander in chief, he
had ordered them to re-deliver the fish, and a dividend to be made. But
there being five or six and twenty different harbours, besides coves, and
it being a great distance from _Bonavista_ and _Fermose_, to _St. John’s_
to make complaints, the commander could do little; and the admirals, he
says, did not concern themselves at all, but left all to the commander.
These admirals, says he, ought to see to the preservation of the peace
and good government among the seamen and fishermen, that the order and
regulation of the fishery be put in execution; and they should keep
journals: but instead of this, they were the first to break these orders,
and there was not one of them, where _he_ had been, who had kept any
journal at all.
He observes, that the late act of king William gave the planters a
_title_, and it was a pity but that they had some laws and rules by which
they should be governed; though, he says, it was the opinion of all,
since he had come there, that it had been better, if all plantations had
been discouraged, for the island was then become a sanctuary and place
of refuge for all people that broke in England. Besides, the masters
of the fishing ships encouraged several of their men to stay behind,
persuading them they would soon get estates there; and this they did
merely to save the charge of their passage back to England.
[Sidenote: Character of the Commanders.]
It had been customary for the commander in chief, upon complaints made,
to send his lieutenants to the several harbours and coves, to decide
all differences and disputes that happened between masters of merchant
ships and the inhabitants, and between them and their servants; this
gentleman declares it a shame to hear how matters had been transacted
upon such occasions. He that made a present of the most quintals of
fish, was sure to have the determination in his favour. He says, the
whole country exclaimed against the lieutenants in _Captain Poulton_ and
_Captain Fairbourne’s_ time; and did not scruple to declare, that some
former commanders in chief had been a little faulty. He says, the then
commander, _Captain Graydon_, had taken much pains to do the country
justice, and to settle religion amongst them, and people seemed well
satisfied with him. He says, there had never been any registry kept of
the _orders_ or _rules_ that had been made for the good of the fishery.
What one commander in chief had established, another had vacated; he
says, he had prevailed with the present commander to leave an abstract of
all such as had been made during his time.
[Sidenote: Want of Police.]
He says, that quarrels and disputes happened after the fishing season
was over; and in the rigour of the winter season, masters beat servants,
and servants their masters. He therefore recommends, that one of the
most substantial inhabitants should be appointed in every harbour in the
nature of a justice, for preservation of the peace, and tranquillity
among them; and that some one, who understood the law, should be sent
with the commander in chief, or should reside there, as should be
thought most convenient, in the nature of a judge advocate, to decide
all differences, and matters of _meum_ and _tuum_ between masters of
ships, inhabitants, planters, and servants; that this person should have
power to administer an oath to parties, or witnesses, for determination
thereof in the most summary way, and that he should be obliged to go
every year to the following places; viz. _Bonavista_, _Trinity_, _New
Perlican_, _Old Perlican_, _Carboneer_, _St. John’s_, _Bay of Bulls_, and
_Ferryland_, and to stay a fortnight or three weeks at each of them. He
adds, that such a person would be useful there for several purposes, and
among others, that a true account might be had from him, how all matters
were transacted at Newfoundland[5].
The picture here given of Newfoundland is hardly heightened, or varied
by any colouring to be found in the representations made by successive
commanders. They are usually in the same strain. The grievances and
complaints, the remedies and expedients are uniformly the same; and it is
a remarkable circumstance in the history of this trade, that many of the
papers relating to it, whether coming from the commanders, or from the
merchants and adventurers, in the times of king William and Queen Anne,
would apply to later times, as well as to those in which they originated.
The _heads of enquiry_ given in charge to the commanders, and the answers
returned by them thereto, would furnish a history of the fishery. These
heads soon encreased from twenty or thirty, to sixty or seventy. It
is not my intention to go over all these, or to pursue every point
that has arisen, at various periods, with relation to this fishery and
trade; but principally to trace the progress made in affording that
island some sort of _constitution_; and the settling of this, like the
settling of all other constitutions, will involve in it the parties, and
different interests that have, and still continue to prevail amongst the
individuals concerned in the trade, both here and in Newfoundland.
In the answers made by Captain Graydon, the commander, at this time, we
find, that a survey was made that year of all the encroachments made by
the inhabitants upon the liberties of fishing ships, since the year 1685,
and they were all corrected, as appears from him.—That the admirals of
the harbours were the persons, who mostly brought bye boat-keepers,
and put them in possession of ship’s rooms, under notion of their being
freighters (as was before alledged) the admirals advancing them money
in England at five shillings in the pound.—The admirals did not observe
the rules prescribed in the act of parliament, but on the contrary, when
they wheedled a poor planter into debt, they took his fish by force from
him, and would even break open his house to get it. As to the admirals
keeping journals, accounts, &c. he found but four of them _capable_ of
doing it.—The admirals, before the 20th of August, used to hear some
complaints, but after that, none were made to them, they being generally
the greatest aggressors themselves.
Such are the observations made upon those points, that are more
particularly for our consideration at present. We shall find, as we go
on, how uniform were the complaints of abuses, and irregularities in the
police and government of the island.
[Sidenote: Opinion of the Board 106.]
In the year 1702, the war with France broke out, and our fishery and
concerns there were greatly disturbed by the French. During this, the
questions agitated at the board of trade mostly concerned the defence
of the island by sea and land. Notwithstanding this state of war, an
order was made by the House of Commons, the 16th of January 1705-6, for
laying before the house a state of the trade, and fishery; a state was
for this purpose drawn up by the board; in this they give their opinion
upon the different abuses and grievances; and, amongst other things,
recommend that power should be given by parliament to the commanders of
the queen’s ships, and to the admirals, to inflict fines and penalties on
the breaches of Stat. 10 & 11 Will. 3, c. 25. they recommend also, that
the commanders of the queen’s ships should have the power of custom-house
officers to search ships from _New England_[6]—In the same year they
recommended to her majesty, that the mayors of the towns in the west,
should be written to, requiring them to enjoin the masters of ships, who
might become admirals, to keep journals, and discharge the other duties
required of them by Stat. 10 & 11 Will. 3, c. 25[7].
The board were called upon again the next year by the House of Commons
for a state of the trade[8], which was accordingly furnished, and in
this statement the same abuses were recounted and the same remedies were
suggested for their correction.
On the 31 of March 1708, the House of Commons addressed her majesty,
beseeching her to give directions, that the laws relating to the trade
and fishery of Newfoundland might be effectually put in execution
against such commanders of her majesty’s ships of war, or forts, or
fortifications there, as should presume to exact, demand, or receive
sums of money, or other rewards from any of the queen’s subjects, in
their voyages, trade, or fishery to, from, or at Newfoundland: And
that such commanders and officers should be strictly forbidden to
keep, use, or employ any fishing boats for their own private use or
advantage: further, that the laws relating to the fishery should be
duly executed[9]. This address was occasioned by some complaints made
against a _Major Lloyd_, who commanded the troops at _St. John’s_; but
of this gentleman’s conduct there were different accounts; the most
unfavourable seem to have prevailed with the House of Commons to come to
this resolution.
This call for a due execution of the laws relating to the fishery, again
drew the attention of the board of trade to the Stat. 10 & 11 Will.
3, c. 25. and the defect, so often complained of in that act, “not
having any penalties specially annexed to the breach of it.” And on a
question proposed by the board to Mr. _Montagu_, then solicitor general,
he declared it to be clear, that although no particular penalty was
mentioned in an act of parliament, requiring or prohibiting any thing,
yet any offender against such act may be fined at the discretion of the
court, when found guilty on an indictment or information[10].
[Sidenote: Representation 1708. For the sea commanders to command at
land.]
The board then proceeded to make a representation to her majesty
on the occasion of the before-mentioned address; in which they say,
that no complaint had ever come to them of exactions, or demands made
by commanders of the queen’s ships; and if there were, the offender
should be prosecuted on Stat. 15 Car. 2. c. 16. That the charge against
_Major Lloyd_, for letting out the soldiers to work in the fishery, was
under examination at the board. But that for preventing any misconduct
of officers with relation to the fishery and trade in future, they
recommended, that the commodore, during his stay there, should have
the command at land, as he used to have from the first sending out of
a garrison, till within the last three years, when that practice was
discontinued. They thought this would contribute better to support
good order and peace, in a place where no regular civil government was
established; and that it would enable him to superintend the queen’s
stores, and to make better returns of the state of the trade and fishery.
As to the execution of the act in general, they stated the abuses and
irregularity subsisting in the island; the ignorance and partiality of
the fishing admirals; and they recommended that the commodore should be
impowered to redress and punish all offences, and abuses committed at
Newfoundland against Stat. 10 & 11 Will. 3, c. 25.; as to those which he
could not redress, they recommended he should inform himself whether the
provisions of the act were duly complied with, and who were the offenders
against them, in order that they might be proceeded against in this
kingdom. They submitted whether it would not be proper to issue a royal
proclamation for better observation of this law[11].
[Sidenote: Such commission issues.]
This representation was approved by the queen, and an order of council
was made on the 20th of May 1708, directing a proclamation of the sort
therein recommended, to issue; and also a commission to be prepared
annually by the Lords Commissioners for trade and plantations, for
the commodore of the Newfoundland convoys, to command at land,
during his stay in those parts, with such further _instructions_ for
putting in execution that act of parliament, as were set forth in the
representation; the Lords were also directed to prepare a letter to
_Major Lloyd_, disapproving his proceedings, and requiring him to yield
due obedience to the commodore’s commission: all which was accordingly
carried into execution[12]. _Instructions_ were delivered to the
commodore for executing this commission to command at land; and in one of
those he was directed to send answers to the _heads of enquiry_, which
had long been in use, relating to the trade and fishery, and which were
always prepared by the board of trade, and afterward given in charge to
the commander by the lord high Admiral.
This change in the command at Newfoundland set the lords of trade upon an
enquiry after the commission (before noticed) given in 1615 to _Captain
Whiteburn_ out of the court of admiralty for impanelling juries[13]. It
seems also, that it was in agitation for the commissioners of the customs
to appoint an officer for preventing illicit trade in Newfoundland. The
lords of trade were informed from the custom-house, that when a court of
admiralty should be erected, and a person appointed to hear and determine
causes on informations of seisures, a revenue officer should have his
commission and instructions.
But the French had got so strong, and had so disturbed our possessions in
the island, that every thing gave way to plans of immediate and necessary
defence. Through the year 1710, the merchants were making representations
to the board of trade, beseeching, that in any treaty of peace with the
French, Newfoundland might be reserved wholly to the English. This idea
was adopted by the board, and they appear to have pressed it strongly
with her Majesty’s ministers[14].
[Sidenote: Laws and orders made at Newfoundland.]
In the year 1711, I find, what is called, _a record of several laws
and orders made at St. John’s for the better discipline and good order
of the people, and for correcting irregularities committed contrary to
good laws, and acts of parliaments, all which were debated at several
courts held, wherein were present the commanders of merchants’ ships,
merchants, and chief inhabitants; and witnesses being examined, it was
brought to the following conclusion between the 23d day of August and 23d
day of October 1711._ Then follow fifteen articles of regulation[15],
that must have been very useful; and it is worth considering whether
such a local legislature, which the people seem in this instance to have
created for themselves, might not legally be lodged somewhere, for making
bye-laws and regulations, as occasion should require. The commander
_Captain Crowe_, presided at this voluntary assembly. His successor, it
seems, followed his example, and held a meeting of the same sort. These
assemblies were somewhat anomalous, a kind of legislative, judicial, and
executive, all blended together[16]; and yet perhaps not more mixed than
the proceedings of parliaments in Europe, in very early times.
At the peace of Utrecht we were put into possession of Newfoundland in
a way we had not enjoyed it before, for some years. Placentia, and all
the parts occupied by the French, were now ceded to the king of Great
Britain, in full sovereignty; the French retaining nothing more than a
licence to come and go during the fishing season. A new prospect now
opened; and the government, not less than the merchants, turned their
thoughts to that trade with a spirit that promised itself all the fruits
of this new acquisition. A _Captain Taverner_ was employed to survey
the island, its harbours, and bays; a lieutenant-governor was appointed
to command the fort at _Placentia_; the merchants beseeched the board
of trade that the French might be strictly watched, and kept to their
limits, and that a ship should go round the island, to see they left the
different harbours at the close of the season.
_Captain Taverner_, who had great experience in that trade, and was
much attended to at this time, gave in to the board some remarks on the
Newfoundland fishery and trade; and also heads of a proposed act of
parliament[17]. It appears from the observations made by this gentleman,
as well as many others, that nothing was more strongly expressed by all
persons, who shewed any anxiety, or experience on this subject, than
the inefficiency of Stat. 10 & 11 Will. 3, and the necessity of going to
parliament for new regulations.
It had become a doubt, whether that part of the island, lately ceded by
the French, was subject to the provisions of Stat. 10 & 11 Will. 3. This
point was brought forward, in consequence of the lieutenant-governor of
the garrison at _Placentia_, and some of the French planters having,
on leaving the place, disposed of their plantations for money, and, in
this manner, attempted to convey a right and property, which was not
recognised by the general usage of the island, as confirmed by that
statute. This matter was brought before the board of trade, and their
lordships were of opinion, that Stat. 10 & 11 Will. 3. extended to the
ceded lands, and that all the beaches, and plantations there, ought
to be left to the public use, and be disposed of, as directed by that
act[18]. Instructions to that effect were accordingly given to the
lieutenant-governor of _Placentia_[19].
Among the proposals and suggestions for improving the trade of
Newfoundland, some papers from _Mr. Campbell_, in the year 1714 are
deserving of notice[20].
The Newfoundland trade was taken up by the government in the year 1715,
as an object of important consideration. _Captain Kempthorn_, then on
that station, was specially charged to make enquiry, and report every
information he could acquire; and I find a very long letter written by
him to the secretary of the admiralty, and transmitted from thence to the
board of trade. This letter is very full, and was submitted by the board
to the king’s government, as containing suggestions highly deserving
consideration[21]. The board were now satisfied that some new regulation
ought to be made by parliament; and preparatory thereto, they resolved to
write to the towns in the west, concerned in this trade, desiring them
to furnish such information as they possessed upon a subject where they
had so much experience[22]. They also laid a case before the attorney
general, _Sir Edward Northey_, for his opinion on the defects of Stat.
10 & 11 Will. 3. and he was of opinion, that it would be necessary, in
order to oblige the observation of the rules contained in that statute,
for a new act to be passed, inflicting _penalties_ for not observing the
same, and directing how and where such penalties should be paid; and he
thought that a proclamation, requiring the observance of those rules
(as was before proposed) would have no effect[23]. On this occasion.
_Mr. Taverner_ suggested his remarks, and gave a sketch of a bill[24].
After the board had derived the information that was to be obtained
from the different sources, where they had applied, they drew up a long
_representation_ to his majesty, dated the 2d of March 1715-6 containing
their opinion upon the abuses, suggesting the remedies that would be
proper to be applied[25], and recommending that a bill should be proposed
to parliament for giving effect to the suggestions there made.
[Sidenote: Representation 1718.]
Nothing was at that time done; but the board continued to pursue the
course they had taken for obtaining information: for in August 1718, we
find a very full answer given in by _Captain Passenger_ upon the whole
of the subject of the trade and fishery; and in December following, the
board made a _representation_ to his majesty, more elaborate, full, and
comprehensive, than any performance that had yet been seen, respecting
this trade and fishery; and to this they afterwards added the _heads of
a bill_, to be proposed to parliament, for establishing the trade and
fishery, and correcting the abuses to which it had been subject[26]. This
representation, and the heads of the bill, have been lately laid before
the house of commons, and are now printed by their order.
[Sidenote: Claim of the Guipuscoans to fish.]
About this time, the _Guipuscoans_ had set up an antient right to
fish at Newfoundland; and application had been made to our court for
asserting and allowing this claim. This matter was referred to the board
of trade; and that board did, on the 11th of September 1719, make a
_representation_ to the lords justices; in which they say, that by the
fifteenth article of the treaty of _Utrecht_, the _Guipuscoans_ could
claim no right, but such as they could make out by some prior title; they
then recapitulated the ancient history of our discovery and possession
of the island; and that by stat. 10 and 11 Will. 3. all aliens are
expressly excluded from the fishery; and they conclude, that the island
and the fishery are the undoubted property of his majesty, and that the
_Guipuscoans_ had no manner of right to fish or trade there[27]. They
take this occasion to remind the lords justices of the representation
they had made last year, and of the heads of a bill then suggested for
better regulating the fishery.
[Sidenote: Of the Lands ceded by the French.]
The parts that had been surrendered by the French, occasioned in various
ways great contest and discontent. We have before seen, that it was the
opinion of the board, that those parts fell under all the regulations
of the stat. 10 and 11 Will. 3.; and this was confirmed by the opinion
of the law officers. Another difficulty arose, in consequence of an
agreement made by the Queen with the king of France, which went beyond
the terms of the treaty of Utrecht. The French were by the treaty
allowed to remain and enjoy their estates and settlements, provided
they qualified themselves to be subjects of Great Britain—those who
would not do this, had leave to go elsewhere; and take with them their
_moveable_ effects. _Queen Anne_, in consideration of the king of France
releasing a number of protestant slaves out of the gallies, permitted the
French inhabitants of _Placentia_, who were not willing to become her
subjects, to sell their _houses_ and _lands_ there. It became therefore
a _question_, whether this permission of the queen was valid, so as to
dispose of _lands_ which came to the crown by treaty. This point was
submitted to _Mr. West_, counsel to the board of trade, for his opinion;
and it was material to settle it, because many British subjects had
purchased such lands from the French inhabitants.
His answer was, that the queen could not by her letter dispose of lands
granted to the crown by treaty; but if she entered into any regular
agreement with the court of France for that purpose, she was, by the
law of nations, engaged to do every thing in her power to enable the
French to have the benefit of it; which might be done by her confirming
titles to such of her subjects as should pay the French a confederation
in money, or otherwise, for their lands or houses[28]. Many such lands
purchased by _Governor Moody_, having been used for fortifications, the
board recommended compensation to be made him by the crown.
But when this question was so answered, what became of the right to
ships’ rooms, as established by stat. 10 and 11 Will. 3. which statute
was held to apply to the French parts now ceded, as well as to the other?
_Placentia_ being the best part for fishing, the English complained
they were deprived of the benefit they had promised themselves, by this
new acquisition, as they could not resort thither, without paying high
rents for a plantation to cure their fish. In truth, many French still
continued there, and they gave encouragement also to _Biscayans_, and to
the people of _Guipuscoa_, who, we have seen, were starting a pretension
to fish at Newfoundland, of right. All these together constituted a
source of great discontent, and so continued for several years[29].
[Sidenote: A Salmon Fishery granted.]
Another question, as to the right of property at Newfoundland, arose
upon a _salmon fishery_, which had been carried on and improved by _Mr.
Skeffington_, between _Cape Bonavista_ and _Cape John_, in a part never
frequented by any fishing ships; he had cleared the country up the rivers
for forty miles, and had built houses and stages. This person applied
for an exclusive grant of this fishery for a term of years;—the matter
being referred to _Mr. West_, he reported, that such a grant would not be
inconsistent with the stat. 10 and 11 Will. 3[30]. The board accordingly
recommended to his majesty, that a term of 21 years, in a sole fishery
for salmon, in _Fresh-water Bay_, _Ragged Harbour_, _Gander Bay_, and
_Dog Creek_, might very well be granted by his majesty, with liberty to
cut wood and timber in the parts adjacent, provided it were at six miles
distant from the shore[31].
In the close of the year 1728, we find the board of trade once more
took up the subject of this trade and fishery, in consequence of the
representations made by _Lord Vere Beauclerck_, the commodore on that
station. In order to bring the subject under full discussion, they caused
letters to be written to the chief magistrates of the different towns
in the west, requesting the merchants to send their thoughts, whether
any thing, and what, might be done for the further encouragement of the
fishery.
[Sidenote: Opinion on Sec. 7, of Stat. 10 and 11 Will 3.]
With a view of understanding the situation and tenure by which persons
held their lands in Newfoundland, the board referred, at this time, a
question to _Mr. Fane_ on the seventh clause of stat. 10 and 11 Will 3.
“Whether the possessors had an inheritance therein, or only an estate for
life?” and he was of opinion, that by the words of this clause, an estate
for life only passed to the possessors, and consequently a right of
alienation only for that interest, for the following reasons:—1st. From
the general rule of law, that the king’s right and interest can never be
bound by general words—2dly. From the inconvenience that would ensue,
if by these general words an estate of inheritance should be construed
to be given; for these houses, &c. might fall into hands improper for
carrying on the fishery, or be bought by such as are in the interest of
our enemies; or such new erections, houses, &c. might be purchased by
one person, or two, and so an engrossing established, against the design
and intention of the act—3dly. From the words of the clause, which seem
to confine the possession to the builder; for the act says, _to_ HIS
_or_ THEIR _use_; which implies, as he apprehended, that this is only
a personal privilege; and a privilege it was sufficient, to have an
estate for life in a house, &c. probably slightly built; and which, in
all likelihood, would only last for the life of the builder—4thly. This
act was made, he apprehended, in disfavour of the Newfoundland-men; and
it could not be supposed such a favourable provision, in this instance,
would be made for them, when they were discountenanced in every other
clause of the act; especially too against the right and interest of the
crown, which, in all doubtful cases, must be preferred[32].
[Sidenote: Representation 1728.]
The letter to the mayors of the western towns produced only two answers;
one of which consisted of a complaint against _Colonel Gledhill_, the
lieutenant governor of _Placentia_, for encroaching upon the fishing
rooms, engaging in the fishery, and using his power in an illegal and
arbitrary manner; the other complained of the illicit trade of the _New
England men_. Not the least advice was given as to any mode of correcting
irregularities, nor was any thing said as to the want of order, and good
government. The board were, therefore, left to take such course as they
in their wisdom should think proper. They accordingly proceeded on such
evidence as they had, and drew up a representation to his majesty, dated
the 20th of December 1728. In which they declare, “That the want of
sufficient power in the commodore for enforcing the act of parliament,
and the general contempt, into which the authority vested in the fishing
admirals had fallen, had reduced the fishery to a very bad condition;
and, unless proper remedies were applied, in all probability we should
entirely be deprived of the advantages derived by the nation from this
trade.”
They then go over the abuses and irregularities so often complained of;
the increase of bye boat-keepers, the settling of persons in the island,
the enticing away of seamen, and fishermen by the _New Englanders_,
who also carried on an illicit trade; the disorders of the garrison at
_Placentia_; the clashing interests of the adventurers and the planters;
and the inefficacy of Stat. 10 & 11 Will. 3. They remind his majesty
of their representations of the 2d of March 1715-16, and especially of
that of the 16th of December 1718, and the _heads of a bill_ annexed to
the latter. They submit that so much of that, as may be thought proper,
may be proposed to parliament immediately; they judging that an _intire
remedy_ for the evils complained of, could not be effected, without the
assistance of the legislature.
[Sidenote: Recommends civil government.]
However, they said, there were some irregularities, which could be
corrected by the king’s own authority, without the interposition of
parliament; those were, the irregularities of the garrison, and the
disorders committed in the winter season. With respect to the former,
they recommend, that considering the lieutenant governor of _Placentia_
thought himself accountable to no one but the king, a nearer controul and
check over his conduct would keep him within bounds; and therefore, that
the commodore on the station should be commander in chief both by sea and
land, as had formerly been the practice, which would at once put an end
to the competition, and jealousy, which had so long subsisted between the
land and sea forces. As to the second, they recommend, that the commodore
might have power to appoint judges, and justices of the peace, to decide
disputes between the inhabitants, and distribute justice amongst them
during the winter season. This they thought would alleviate the misery
of those unhappy people, which was great enough without additional
evils from the anarchy in which they lived. They say, that heretofore
much encouragement had not been given the settlers, to continue in the
island, and therefore regular governors, as in other colonies, had very
seldom been appointed for them; and it was their opinion, that these poor
people, should rather be encouraged to settle in _Nova Scotia_. They were
about _three thousand_ in number, with their wives and children, and
might be of service there, where inhabitants were wanted.
They took into consideration the claim of property made to stages, &c.
in prejudice of the fishing ships, upon which _Mr. Fane’s_ opinion had
been taken; and they thought many such titles, if enquired into, would
be found to be defective; they therefore proposed, that some person,
skilled in the laws, might attend the next commodore, and assist him to
enquire into them, in behalf of the crown. The same person might likewise
be useful in forming regulations for the better government of the
inhabitants, during the winter season, so long as they continue there.
They also recommended, that the bishop of London, as ordinary of the
plantations, should send a clergyman, whose salary might be put on the
establishment of the garrison at _Placentia_[33].
This representation of the lords of trade was taken into consideration
at the committee of council. The committee referred to the board to
consider whether, as the commission, proposed to be given to the _Lord
Vere Beauclerck_, would vacate his seat in parliament, the service
intended might not be equally well carried on by _instructions_ to be
given to the _Lord Vere Beauclerck_, for putting in execution all the
powers entrusted to the commodore, by stat. 10 & 11 Will. 3. and by a
_commission_, to be given by his majesty to a person skilled in the laws,
who should accompany the _Lord Vere Beauclerck_, for appointing justices
of the peace, and establishing some form of civil government among the
people who had settled themselves in that island, that they might not be
left in a state of anarchy, upon the departure of his majesty’s ships of
war. If their lordships saw no objection thereto, they were desired to
consider of a proper form of commission and instructions.
They were also desired to consider, whether it might be adviseable to
separate the government of _Placentia_ from that of _Nova Scotia_.
The committee made another order the 19 of April 1729, in which they
recommended to his majesty all the points proposed by the lords
commissioners of trade.
In obedience to the first order of the committee of council, the lords
report, that they thought a commission to some person to attend the _Lord
Vere Beauclerck_, with proper instructions, might serve instead of a
commission to his lordship. They prepared a commission and instructions
accordingly, whereby such person was required to take the advice of
_Lord Vere Beauclerck_, and to execute such matters as his lordship
should propose to him in writing, for his majesty’s service. Among
the instructions they inserted some relative to the acts of trade and
navigation; which, however, their lordships thought would prove of small
effect till his majesty should be pleased to erect a court of admiralty,
or some other proper jurisdiction in Newfoundland, to take cognizance of
offences against those acts.
They drew up instructions for _Lord Vere Beauclerck_, and made the old
heads of enquiry a part of them.
They remark, that they had added an instruction, which required his
lordship to send home all offenders, in robbery, murder, and felony, and
likewise the witnesses, which had not always been done. This was to be
practised till such time as some other method should be established for
trying offenders in the country, which may, say their lordships, perhaps
be thought necessary, so soon as the island shall have been put under
better regulations, and some person skilled in the laws may hereafter be
annually sent thither for this purpose, with his majesty’s commission of
oyer and terminer.
They were of opinion that the government of _Placentia_ should be
separated from that of _Nova Scotia_.
[Sidenote: A civil governor is appointed.]
This design for establishing some sort of government in Newfoundland
ended in the appointment, not of _a person skilled in the law_, but of
_Captain Henry Osborn_, commander of his majesty’s ship _the Squirrel_.
The commission given to Captain Osborn begins by revoking so much of
the commission to the governor of _Nova Scotia_, as related to the
government of _Placentia_, or any other forts in Newfoundland; and
then goes on to appoint _Henry Osborn governor and commander in chief
in and over our said island of Newfoundland, our fort and garrison at
Placentia, and all other forts and garrisons erected and to be erected
in that island_. It then gives him authority to administer the oaths to
government, and to appoint justices of the peace, with other necessary
officers and ministers for the better administration of justice, and
keeping the peace and quiet of the island. But neither he nor the
justices were to do any thing contrary to the Stat. 10 & 11 Will. 3,
nor obstruct the powers thereby given to the admirals of harbours, or
captains of the ships of war. The justices were required to be aiding and
assisting to the commodore, or commanders of the ships of war, and the
fishing admirals, in putting in execution the said statute. The governor
was to erect a court-house and prison; all officers, civil and military
were to be aiding and assisting to him in executing this commission. In
case of his death, the government was to devolve on the first lieutenant
of _the Oxford_, the ship commanded by _Lord Vere Beauclerck_.
Such were the terms of the first commission of civil governor, granted
for Newfoundland. The instructions that accompanied this commission, have
nothing in them very particular. They are fourteen in number; and the
last required him to execute all such matters as _Lord Vere Beauclerck_
should propose to him, for his majesty’s service. The instructions to his
lordship contained all the _heads of enquiry_ relating to the trade and
finery, and the abuses and irregularities so long complained of, and they
were fifty in number.
We are told, that on the 24th of May 1729, a box was sent to the _Lord
Vere Beauclerck_, in which were eleven setts of _Shaw’s Practical Justice
of the Peace_, each impressed on the covers, in gold letters, with one
of these titles, _Placentia_, _St. John’s_, _Carboneer_, _Bay of Bulls_,
_St. Mary’s_, _Trepassey_, _Ferryland_, _Bay de Verd_, _Trinity Bay_,
_Bonavista_, _Old Parlekin_ IN NEWFOUNDLAND; together with thirteen
printed copies of Stat. 10 & 11 Will. 3, and a bundle containing the acts
relating to the trade and navigation of this kingdom. And thus provided,
his lordship and the governor set sail for Newfoundland[34], in the
summer of the year 1729.
Having brought down this history to the period, when an attempt was made
to afford some sort of civil government to Newfoundland, I shall make a
short pause in the narrative; and call the reader’s attention to some
few documents, that will more strongly impress upon his mind the actual
state of things in that island, and the pressing necessity there was for
the interposition of the parliament, or of the executive government, to
correct abuses, and establish some sort of regular authority. I have
before given a particular account of the enormities subsisting within
three years after passing Stat. 10 & 11 Will. 3, from a letter written
by a person then confided in by the government at home; I mean Mr.
Larkin[35]. It is very plainly to be collected, from the representation
made by that gentleman, that this statute was ineffective and inadequate
from the very beginning. What is inapplicable in its origin, is not
likely to become more useful in a course of time. It will be found, in
fact, that in all the time that elapsed between passing that act, and
the year 1729, disorder and anarchy increased more and more; and nothing
remained but to try another system.
The documents I shall produce will be extracts from the correspondence
and communications made by the commodores and commanders on the
Newfoundland station, to the board of trade. In these it will be seen,
what was the nature of the disorders and irregularities committed in the
island; and it will appear how very inadequate was the authority and
jurisprudence conferred by the statute of King William, and how ill the
authority and jurisdiction so given, was administered.
[Sidenote: Disorders in Newfoundland, and conduct of the fishing admirals
during this period.]
One of the correspondents writes in this manner.—“The admirals which are
appointed by the Newfoundland act, to decide differences, in relation to
fishing-rooms, &c. have entirely neglected it in all its parts. Indeed,
at their first arrival, they claim their prerogative, as by the said
act, as far as it suits with their own interest and no further; except a
particular friend of theirs should arrive with a fishing ship; in such
case should the ships fishing rooms of that harbour be taken up before
he arrives, they often remove some planter or other for him, pretending
that the planter’s title is not good to the room he possesses, when the
commanders of men of war, some years before, adjudged it to be the said
planter’s right.”
“These things are often done, and several of the inhabitants’ fishing
voyages ruined thereby. It is common, that what is done one year,
in relation to fishing rooms, is contradicted the next; so that the
fishing-rooms, are not settled to this very day. Many times these
_admirals_ never were in the land before, nor knew any thing of the
matter; in which case some old west country master commonly takes care
that the said admiral do nothing but what he pleases.—Those are the
patrons that are commonly called _kings_ in that country, who sacrifice
other people’s interest frequently to serve their own. The admirals
are some of the first men to cut down the roofs of their stages,
cook-rooms, and flakes, which paves the way for the inhabitants to follow
their example, who in the winter season generally carry away all the
remainder. It is certain the admirals are seldom or never at leisure to
hear any complaints whatsoever, except one of their favourites is the
plaintiff[36].”
“The masters of ships in Newfoundland generally endeavour to force their
goods upon the inhabitants, especially the poorer sort, who generally
pay dearest. Say they, if he makes a good voyage, we shall be all paid;
and if he does not (says every one to himself) I will be quick enough
to get my payment. By this means they have a jealous eye, the one over
the other. If the fishing does not prove so good as was expected, some
of these matters will fall upon them, before the fishing season is half
over, take away their fish before half made; another comes and takes away
his train; and many times there comes a third, who has more men than
they, and takes it away from the former; he that has most men is sure
to have the greatest share. This is a common practice in Newfoundland.
They never acquaint the admirals with this proceeding before they do it;
neither do the admirals trouble themselves with it afterwards. But the
consequence lies here; the planters’ men will catch no more fish, because
they have no hopes of getting any wages; the planter is ruined, and all
the rest of the creditors unpaid; who, if they had given him the liberty
to make his fishing-voyage, might have paid them all. The merchants of
England have suffered exceedingly by this unparalleled thing, there being
no precedent for it in the whole Christian world. I am fully satisfied
that by this thing, and the multiplicity of liquors imported into
Newfoundland yearly, the trade thereof has suffered more, than by the
French plundering it so often in the late wars.”
“It is most certain that the admirals in Newfoundland have _never_ taken
any care about the good of that trade; and their reasons generally
given for it are, that they come to Newfoundland to mind their owner’s
business; and as nothing was allowed them for defraying the charges of
keeping courts, they could not do it[37].”
Another writes thus.—“But what I would more particularly represent to
their lordships, is the clandestine and illegal commerce carried on
between the _New England men_, and several of the British masters,
especially the fishing admirals; who after they have, according to the
act, qualified themselves in England for fishing ships, depart for
_France_, _Spain_, or _Portugal_, where they freight with wines and
brandies; which early in the year they carry directly to Newfoundland;
and either dispose of to the planters, or barter with the New England-men
for the produce of the plantations. By these means Newfoundland is not
only supplied with these foreign European commodities, but it is become
a mart, from whence other American plantations are (in fraud of his
majesty’s duties) in a good measure furnished.”
“As the admirals are chiefly concerned in this unfair trade, so their
tyranny and oppression in the harbours, where there are none of his
majesty’s ships, is not to be reckoned amongst the least causes of the
decay of the fishery; those who labor in it, having learnt by experience,
that the rule of their decision is their private interest, and that
fishermen are not to expect any justice from them. This contributes to
a scarcity of men, which occasions wages to be so extravagant, that the
fish which they catch is often not sufficient to pay the servants. And
the inhabitants are thereby so much discouraged, that there have not been
half the number of boats employed by them as formerly.”
“But whatever redress the corrupt administration of the admirals is
capable of, another great disadvantage, which the fishery labors under,
proceeds from the country being, during its long winter, without the
least form of government or order. It is my humble opinion, that it
would be of considerable service to it, if some of the inhabitants were
intrusted with commissions of the peace for the administration of justice
during that season[38].”
Another writes—“I flattered myself that as there was no garrison here
(namely at _St. John’s_) to terrify or interfere, I should find a
stricter obedience to the laws and regulations that had been made for
the government of the place; and that proper regard was shewn to the
authority vested by law in the fishing admirals; but on the contrary I
find, that through the ignorance of some, and negligence of more, for
some years past, they have been so slighted, that unless the captains
of the men of war are present to assist and countenance them at their
courts, their meetings would be nothing but confusion, and their orders
of no use, which is the reason we are obliged _to usurp_ power, which, I
apprehend, does not properly belong to us, of publishing orders in our
own names; to prevent, as much as we can, the threats, the rioting, and
disorders, which, to the great detriment of the fishery, are generally
practised in our absence.”
“The great misfortune, and which I think is the origin of all the rest
that attend this country, is, that no body in the winter season is
empowered to keep peace, and administer justice; that the sober and
industrious are every day liable to be insulted and robbed by the
idle and profligate, unless they can oppose them with greater force.
In the _heads of inquiry_ from the lords commissioners for trade and
plantations, there is an article which directs, the names of the persons
to be returned them, who administered justice during the last winter;
but I cannot find that we are any where authorized so to empower proper
persons upon leaving the country; which is so well known by every body,
that were we to pretend to appoint any body, not the least regard would
be shewn them.”
Speaking of _Placentia_, and the part surrendered by the French at the
treaty of _Utrecht_; he says,—“Before the arrival of the men of war,
they are threatened and intimidated into a compliance with whatever
is required of them; the admiral’s powers are contemned; their court
represented as ridiculous and invalid, and of course, no justice to
be had. But as this has been already represented by petition from the
masters of ships, and other methods, I will not take up your time by
enumerating more particulars, which would only be a repetition of what
is already sufficiently known to their lordships. Although I could not
settle every thing in the order it ought to be, I endeavoured to do all
I could; and as I found the regard to the fishing admirals so mightily
diminished, as made me justly apprehend, orders from them would be but
negligently obeyed, I therefore gave out in my name, such as I found
absolutely necessary, the copies of which I have herewith sent; and have
also entered them in a book, which I have left sealed up with one of the
principal inhabitants, to be delivered to the next officer that shall
come after me, that he may know what I did, and my reasons for so doing.
I beg leave to say, that if such a register of the proceedings of every
officer had been kept ever since we had possession of the place, it would
not be so difficult to decide every one’s property; which really, as
things were, I could not pretend to do, without running a risk of doing
injustice.”
“I found disputes had been very differently decided; sometimes according
to the laws and customs that were in force in the time of the French, and
sometimes according to those observed in the other parts of Newfoundland.
For no new act having passed since the acquisition of the place, and
no certain rules presented by _the heads of inquiry_ from the lords of
trade, every one has decided as he thought proper[39].”
Another says, “there is another great occasion of disorder, which always
stores up large stock of complaints, to perplex us upon our arrival—the
neglect of deputing some body to maintain order in the winter, or the
want of power rather to depute some body for that purpose; so that
the winter season is a sort of respite from all observance of law or
government. At that time, theft, murder, rapes, or disorders of any kind
whatsoever, may be committed, and most of them are committed without
controul, and time enough given for the offender to make off: for
should any one concern himself to secure the party, his design would be
withstood, as an usurped authority; and most would take part with the
offender, to suppress the usurpation, without regard what became of the
criminal, or what may be the consequence of the crime; and I have been
acquainted with some cases of this kind: so that there seems an absolute
necessity, that this particular should be provided for, that people may
always have somebody to apply to for justice; that somebody may always
be at hand to suppress disorder and riot, and to have a lawful power to
command the assistance of his majesty’s subjects in the execution of a
duty exercised for the public good. _St. John’s_ is the metropolis of the
island, and the discipline which is kept up there, whether bad or good,
will have a great influence upon all the rest of the harbours. If good
order could be established here, it might easily be effected in all other
places; and I do not know any thing that tends more to confusion, and
proves more prejudicial to the fishery, than that irregularity.”
After having spoken of the oppression from debts, the imposition in
prices, the seizing for payment, and the like, he goes on—“It is likewise
necessary to acquaint their lordships, that although it is reasonable
for them to believe, that the authority given by the statute to the
admirals of harbours, is sufficient to secure them peace and quietness,
and to prevent any disturbances that may happen, to the detriment of
the fishery, yet the experience of any one that has but once known this
trade, will affirm, that was it not for the yearly expectation of a ship
of war coming among them, the power of their admirals would be of little
regard; so that one may modestly affirm, they only commence regulation
upon the arrival of any of his majesty’s ships, and lay it down the
moment they are gone; upon which account several go and come with the
trade, which charge, I believe, they would gladly be freed from, could
they be secure of good order in the winter[40].”
Another writes, “I have made it my particular care to inform myself about
the government, _that_ being the material and only thing wanting: for
without that there is nothing; and with that, I mean a good government,
there would be every thing—it would give a new life and spirit to every
thing; for then every man would know his own, and no more; every one
would know his master, and obey; and every one would know his servant,
and no more; every servant would do his master’s work, and every master
would pay his servants’ wages without fraud; he would know his own
pile of fish, his boat, his stage, his nets, &c. But on the foot it is
now on, he that happens to be the strongest, knows every thing to be
his own, and the weakest knows nothing, or had as good as know nothing,
except in that little interval of time when his majesty’s ship, or ships,
happen to be there; and very often the aggressor absconds, runs into the
woods, and flies from justice, until the ships are gone; and then down
he comes, and reigns lord again. This has been done by a great many, but
especially by one _Ford_, who had a power left him by a commander of one
of his majesty’s ships to be governor of _Petty Harbour_. I have seen,
and heard so very much of this, that I faithfully believe, and I have
done myself the honour in two letters to my lords of trade, to acquaint
them, as I here do, that no man living in the country of Newfoundland
is fit to govern. For the set of people that live here, are those that
cannot live in Great Britain, or any where else, but in a place without
government; and it is my opinion, without there is a _governor_, a man of
honour and justice sent to Newfoundland, I mean a _civil governor_, that
shall not reside altogether at one place, but must have a sloop, or some
embarkation, to transport him from cove to cove, and set order and rule
amongst them, the fishery and trade to that place must fall in a little
time.”
“I have given out several orders for the admirals, and the oldest masters
and planters to survey the stages and cook-rooms, &c. to know what belong
to ship-rooms, and what was boat-rooms; and their report to me was, that
they had not been surveyed so long, that there was none, either admirals,
masters, or inhabitants, knew one from another; which was the best, and
all that I could get on that head[41].”
Again—“for the most part the admirals are for their own private benefit,
and not the public good, in general; they have some privileges more than
the others, and especially in collecting their debts due to themselves,
and very little else is minded of the act of parliament, relating to the
admirals of the harbours, if they are not compelled by the commanders of
his majesty’s ships of war, and all this is for want of a governor on the
spot. The admirals determine differences, and very often they appeal
to the commanders of his majesty’s ships for a final determination; but
stand by that no longer than while the captain is on the spot[42].”
Another writes, “I had several complaints from the inhabitants and
others, of injustice done them by the _admirals_, _vice-admirals_, &c.
of their taking their fish off the rocks before cured, and other goods,
for debts by them contracted, without any law or justice, which has been
a common thing amongst them; so that they wholly ruin the fishery, for
the planters have nothing to work with next year. These things are done
by masters of ships, when the admiral has been in harbour, without his
order. By this irregular proceeding the strongest man gets all, and the
rest of the creditors nothing; so that the next year a planter is forced
to hire himself out for a servant.”
Again—“as for the people complaining to admirals of any injustice done
them by others, I do not find that any master of a ship values him, but
the strongest side takes away every thing by force[43]”.
Another writes, “the admirals prove generally the greatest knaves, and
do most prejudice, being both judge and party, in hearing suits for
debt; and when they have saved themselves, then they will do justice to
others: so it would be requisite to have a civil government, and persons
appointed to administer justice in the most populous and frequented
places, that they may be governed as Britons, and not live like a
banditti or forsaken people, without law or gospel, having no means of
religion, there being but one clergyman in all the country[44].”
While the king’s officers, and persons employed and trusted by the
government, were making such uniform complaints of the abuses and
disorders in the government of Newfoundland, the merchants adventurers
seem to have been wholly blind to these irregularities. In several
representations and memorials from them, sent in consequence of letters
from the board of trade, written in the year 1715, there are complaints
of grievances, but those were quite of a different sort; and if _they_
were removed, they appear to have been wholly unconcerned as to the
continuance of those we have just been recounting.
[Sidenote: Complaints from the Merchants.]
They complain of the great quantities of liquor and tobacco, which had
paid no duty, and were imported by the _New England-men_, whereby the
fishermen were debauched, and the fishery generally hindered; that the
New England ships enticed away the seamen, and were encouraged thereto
by a premium of forty shillings per head, given by the government of New
England for bringing seamen and fishermen. They prayed that all import of
liquor and tobacco, except from Great Britain, should be prohibited, and
the articles forfeited; and that the fishing admirals should have power
to seize, and to have half the forfeiture.
They prayed, that all store-houses, &c. built by planters since 1685, in
the front of fishing ships’ rooms, towards the water, should be declared
by act of parliament to belong to the ship to which the fishing room
belonged—this to be enforced by forfeitures, to be levied by the fishing
admirals. For better preservation of store-houses, cook-rooms, stages,
&c. &c. they prayed that the fishing admirals, at the end of the season,
should inspect them all, and depute some honest and best inhabitant of
the harbour, to take care that no one presumed to demolish or injure
them; and that such person so deputed should receive twenty shillings
from the fishing ship which occupied it next season.
They propose some strict regulations, to prevent aliens and strangers
sending out ships as English owned; with a power to the fishing admirals
to administer an oath to the masters of ships, as to the ownership; and
to seize, as forfeited, all foreign ships; half the forfeiture to go to
the person seizing.
They complain, that the French parts were not so open for fishing ships
to get rooms as they should be, _Governor Moody_ and others pretending
to have bought the French plantations; that the governor had permitted
French ships to come, and had taken all power out of the hands of the
fishing admirals.
In order that the poor labouring fishermen might not suffer oppression
and disturbance from any military, or public officer, soldier, they
desired, that no military person, on any pretence whatsoever, should
intermeddle with the fishery or fishermen, inhabitants, or others; nor
should let the soldiers out to hire, nor keep suttling houses, nor have,
for their private use, any house out of the lines of the fortification,
or any gardens that have served, or may serve, for fishing rooms,
according to the judgment of the fishing admirals of the harbour.
And because the commodores of late years had taken upon them to keep
courts, and send warrants to several remote harbours, for commanders of
fishing ships, in the height of the season, upon frivolous complaints
of idle and debauched men, and others, without the complaint being
first heard by the fishing admirals, according to act of parliament,
to the great prejudice of the fishery—they prayed, that the commodore
might not in future be permitted to do the like; that all complaints
might be decided by the fishing admirals, and that no commodore should
presume to intermeddle with debts between merchants, masters, planters,
and fishermen, as they had lately done, to the great prejudice of the
merchants. They pray, that the ships of war, which were there to project
the trade, might be obliged to come or send assistance, in case of piracy
or mutiny in any of the harbours.
They pray, that none should retail liquors to fishermen, or persons
concerned in the fishery, but only to their own servants; that goods, the
produce or manufacture of Great Britain, might be exported duty free, for
the benefit of the fishery; that all oil, blubber, furs, and fish, taken
or made in Newfoundland by British subjects, might be imported duty free,
and that Mediterranean passes for the ships carrying fish might be given
gratis.
They pray, that fishermen should be obliged to fish till the last day of
August, if required by their masters. The usual day had been the 20th of
August; but the fish now came later. That fishing admirals should have
power to give corporal punishment to all persons, of what degree soever,
who profaned the Lord’s-day, and all common drunkards, swearers, and lewd
persons; that a sufficient number of ministers should be sent to the
principal harbours, to instruct the inhabitants; and that they might be
paid from England, the country being very poor[45].
Others represented, that it would be proper to add penalties to stat.
10 and 11 Will. 3.; that masters of ships should give bond to bring
back such persons as they carried out; or, if they went to a foreign
market, to procure others to do it; that bye boat-keepers should give
bond to return and bring back all their servants and hired men, with the
like proviso, in case of going to a foreign market; that masters coming
from any place but Great Britain, should give bond not to take away any
fishermen or seamen—the penalty to be fixed by the fishing admirals; that
seamen, or fishermen, who refused to return home, should forfeit all
their wages; that no master of a ship, bye boat-keeper, or other person,
going or trading to Newfoundland, should give credit to any servant or
fisherman to more than forty shillings; nor any other person selling
liquor to more than five shillings; that a debenture, or bounty, be
allowed on all beef and pork, as if exported for sale; and also for all
bread, flour, and malt, that should be shipped off in fishing ships bound
for Newfoundland[46]. To these particulars were added the same complaints
about foreigners interloping in the fishery, as in the former memorials.
The mayor of Plymouth, in answer to the same sort of letter from the
board, says, that the merchants had no other complaint to make than the
encroachments of foreigners[47].
Such were the representations made by the officers of the crown on
one hand, and by the merchants on the other, respecting the trade and
government of the island. I have delivered them in their own words, and
the reader will decide between them.