p. 391 C
DRAFT OF INSTRUCTIONS
PASSED UNDER THE ROYAL SIGN-MANUAL AND SIGNET FOR THOMAS
GRAVES AS COMMANDER-IN-CHIEF IN AND OVER THE ISLAND OF
NEWFOUNDLAND, THE COAST OF LABRADOR, ETC.
C.O. 195, Vol. 9.
Instructions to Our Trusty & Well-beloved Thomas Graves Esquire Our Governor and Commander in Chief in and over Our Island of Newfoundland in America, and all the Coast of Labradore from the Entrance of Hudson's Streights to the River St Johns, which discharges itself into the Sea nearly opposite the West end of the Island of Anticosti, including that Island with any other small Islands on the said Coast of Labradore, and also the Islands of Madelaines in the Gulph of St Lawrence, as also of all Our Forts and Garrisons erected and established, or that shall be erected and established in Our said Islands, or on the Coast of Labradore within the Limits aforesaid. Given at Our Court at St James the day of 1763, and in the third year of Our Reign.
With these Our Instructions you will receive Our Commission under Our Great Seal of Great Britain, constituting you Our Governor and Commander in Chief in and over Our Island of Newfoundland in America, and all the Coast of Labradore from the Entrance of Hudson's Streights to the River St John, which discharges itself into the Sea nearly opposite the West end of the Island Anticosti, including that Island, with any other small Islands on the said Coast of Labradore, and also the Islands of Madelaines in the Gulph of St Lawrence, as also of all our Forts and Garrisons erected and established, or that shall be erected and established in Our said Islands, or on the Coast of Labradore within the Limits aforesaid, with Directions to obey such Orders and Instructions as shall from time to time be given you under Our Signet and Sign Manual, or by Our Order in Our Privy Council.
First. You are therefore to fit yourself with all convenient speed, and to repair to your said Command, and, being arrived, you are to take upon
you the Execution of the place & Trust We have reposed in you, and, as soon as conveniently may be, to assemble the principal Inhabitants in the Island of Newfoundland, and in such other places as you shall judge proper or necessary within your said Government, and with all due Solemnity to cause Our said Commission under Our Great Seal of Great Britain, constituteing you Our Governor & Commander in Chief as aforesaid, to be read and published at such meetings.
2. Whereas by the Treaty with France made at Utrecht in 1713, it is stipulated, "That the Island called Newfoundland, with the adjacent Islands, shall from that time forward, belong of Right wholly to Britain, and that it shall not be lawful for the Subjects of France to fortify any place in the Islands of Newfoundland, or to erect any Buildings there, besides Stages made of Boards and Huts necessary & usual for drying of Fish, or to resort to the said Island beyond the time necessary for Fishing and drying of Fish; but that it shall be allowed to the Subjects of France to catch Fish and to dry them on Land, in that part only, and in no other besides that of the said Island of Newfoundland, which stretches from the place called Cape Bonavista to the Northern point of the said Island, and from thence, running down by the Western side, reaches as far as the place called Point Riche," which Stipulations have been renewed and confirmed by the 5th Article of the definitive Treaty lately concluded at Paris, It is therefore Our express Will and Pleasure, that in all things which regard the said Fishery from Bonavista to Point Riche, you do conform yourself, with great care and attention, and with Justice to the Subjects of both Crowns, to the Stipulations contain'd in the said Articles, Copies of which are hereunto annexed.
3. And whereas by the said 5th Article of the Treaty lately concluded at Paris, We have consented to leave to the Subjects of the most Christian King the Liberty of fishing in the Gulph of St Lawrence, on Condition that the Subjects of France do not exercise the said Fishery but at the distance of three Leagues from all the Coasts belonging to Great Britain, as well those of the continent as those of the Islands, situated in the said Gulph St Lawrence, You are hereby required to carry the Stipulations of the said Clause into full execution, within the Limits of your Government.
4. You are to use your best Endeavours to prevent any Aliens or Strangers whatever from fishing or drying Fish on any of the Coasts, or in any of the Harbours of the Islands and Territories under your Government, unless in the Exceptions made by the 13th Article of the Treaty of Utrect, and the 5th Article of the late definitive Treaty, confined to the Subjects of France permitted to fish within the District and Limits mark'd out by those Treaties, and under the several Restrictions specified in the Articles themselves.
5. And whereas by the 6th Article of the said Treaty lately concluded at Paris, a Copy of which Article is hereunto annexed, the Islands of
St Peter and Miquelon are ceded to France, "to serve as a shelter to the French Fishermen, His most Christian Majesty engaging not to fortify the said Islands, to erect no Buildings upon them but merely for the Convenience of the Fishery, and to keep upon them a Guard of fifty Men only, for the Police" you are therefore from time to time to enquire and report to Us, by Our Commissioners for Trade and Plantations, whether the Stipulations contained in the said Article are duly observed; And you are to use your best Endeavours to prevent any Commerce between Our Subjects under your Government and the said Islands, by means whereof the Inhabitants of those Islands may have the double Advantage of getting easily and cheaply the materials for building Vessels, & erecting Houses & Works necessary for the Fishery, and of circulating French Produce & Manufactures amongst the British Fishermen.
6. And whereas by the 24th Article of the said definitive Treaty, lately concluded at Paris, an Extract of which is hereunto annexed, it is stipulated, "that France shall enter into possession of the said Islands of St Peter and Miquelon, at the end of three months after the Exchange of the Ratifications of the said Treaty," you are therefore to conform yourself to the said Stipulation, and to give all possible Aid and Assistance to Our Subjects, who may now be resident on the said Islands, in the removal of their Persons and Effects.
7. It is Our further Will and Pleasure that you do, from time to time, as the nature of the Service will allow, visit all the Coasts and Harbours of the said Islands and Territories under your Government, in order to inspect and examine the State and Condition of the Fisheries, which are or may be carried on upon the said Coasts and Islands; You shall also use your best Endeavours to procure accurate draughts or Maps of the several Harbours, Bays and Coasts of Newfoundland, and the other Islands and territories under your Government, and you are more particularly to direct the Officer of any Vessel under your Command, which lyes between Hudson's Streights and the Streights of Bellisle, to search and explore the great Inlet commonly known by the name Davis's Inlet, in order to discover, whether the same has or has not any passage to Hudson's Bay, or any other inclosed sea.
8. You are also to enquire and report to Us, by Our Commissioners for Trade & Plantations, whether any or what further Establishment may be necessary to be made, or Forts erected in any part of Newfoundland, or the other Islands or Territories under your Government, either for the Protection of the Fishery, the Security of the Country, or the establishing and carrying on a Commerce with the Indians residing in or resorting to the said Islands, or inhabiting the Coast of Labradore.
9. You are not to permit the Subjects of any foreign Prince or State whatever to carry on any commerce with the said Indians, and to use your
best endeavours to conciliate their Affections, and to induce them to trade with Our Subjects, reporting to Us, by Our Commissioners for Trade and Plantations, the best Account you can obtain of the Number of the said Indians, the places they frequent, the Nature and extent of the Commerce that is or may be carried on with them, and how the same may, in your Opinion, be further extended and improved.
10. And whereas We have been informed that a very considerable and advantageous Whale and Sea Cow fishery may be carried on in the Gulph of St Lawrence and upon the Labradore Coast, it is therefore Our Will and Pleasure, that you do give all possible encouragement to such Fishery, and report to Us, by our Commissioners for Trade & Plantations, your opinion in what way, and by what means, so valuable a Branch of Commerce may be extended and improved.
11. You are also to make a very particular enquiry into, and report to Us as aforesaid, the actual State and nature of the Fisheries carried on by the Subjects of France in every distinct Branch thereof, as well that which is carried on for Morue Verte upon the Banks without the Gulph St Lawrence, as the dry Fishery carried on at Miquelon and St Peter's upon the Coast of Newfoundland, from Bonavista to Point Riche, or in other parts of the Gulph of St Lawrence, and you are to be as particular as may be in Your Accounts of the Number and Nature of the Ships and Boats employed in those different Fisheries, the Number of Men, the Quantity of Fish catched, cured and carried to Market, and, in general, of every other Circumstance that may furnish a precise State of this Branch of the Commerce of France.
12. You shall strictly enjoin all Our Officers and Soldiers and other persons whatsoever, belonging to the present and future Garrisons in Newfoundland, and the other Islands and Territories under your Governmt not to engage in the Fishery there, no interrupt the Fishermen in the curing of their Fish, nor to take up for themselves any Beaches, Stages or Cookrooms upon any pretence whatsoever, upon pain of Our highest Displeasure.
13. And you are particularly to suppress the engrossing of Commodities, as tending to the prejudice of the Fishery and the Persons employed therein.
14. And shall transmit unto Us, and to Our Commissioners for Trade & Plantations, in order to be laid before Us, an Account of the Arms, Ammunitions and Stores that have been sent from Our Office of Ordnance here, to Our Forts and Garrisons in Newfoundland, and likewise an Account of the State of Our said Forts, how the said Stores have been employed, and whether any of them, and how many of them have been sold, spent, lost, decay'd or disposed of, and to whom and to what uses, together with an Inventory of all such Arms, Ammunition & Stores as are remaining in Our Magazines there, as also a Duplicate thereof to Our Master General or principal Officers of Our Ordnance, which Accounts are to express the particulars of Ordnance, carriages, Ball Powder & all other sorts of Arms
& Ammunition in Our publick Stores at your Arrival, and so yearly of what shall be sent thither, specifying the time of the Disposal and the Occasion thereof.
15. Whereas by the Act for the Encouragement of Trade, pass'd in the fifteenth year of King Chas the second, no Commodities of the Growth, Production or Manufacture of Europe, except Salt for the Fishery of New England and Newfoundland, Wines of the Growth of the Madeiras or Western Islands or Azores, Servants, Horses and all Sorts of Victuals of the Growth and Production of Ireland, shall be imported into any of Our Colonies or Plantations, but what shall be bonâ fide and without Fraud, laden and shipped in Great Britain and in ships duly qualified; And whereas Complaint has been made of Masters of Ships and others carrying on a Clandestine Trade amongst the fishing Ships from Great Britain with others from Our Colonies & Plantations in America, contrary to the intent & meaning of the said Act, you shall use your utmost endeavour for the due Observation of the said Act.
16. You are to permit a free Exercise of Religion to all Persons, except Papists, so they be contented with a quiet and peaceable Enjoyment of the same, not giving Offence or Scandal to the Government.
17. It is Our Will and Pleasure that you do cause the Laws made against Blasphemy, Prophaneness, Adultery, Fornication, Poligamy, Incest, Prophanation of the Lord's day, swearing and Drunkenness to be vigourously executed, and that you take due care for the Punishment of the aforemention'd Vices, by presentment upon Oath to be made to the Justices of the Peace in their Sessions, by their Constables, or other inferior Officers of the several Harbours, at the proper times of the year to be appointed for that purpose; And, for the further Discouragement of Vice and Encouragement of Virtue and good Living, you are not to admit any Person to act as a Justice of the Peace, whose ill Fame or Conversation may occasion Scandal; and especially you shall take Care that the Lord's day be devoutly and duly observed, that the Book of Common Prayer, as by Law established in this Kingdom, be ready each Sunday and Holiday, and the blessed Sacrament administered according to the Rites of the Church of England, in all such Chappels or publick places of worship as are already or may be settled there.
18. And if any orthodox Minister there shall appear to give Scandal, either by his Doctrine or manners, or shall preach or administer the holy Sacrament in any Orthodox Church or Chappel, without being in due Orders, you shall give Account thereof to the Lord Bishop of London.
19. And you are to take especial Care, that a Table of Marriages, established by the Canons of the Church of England, be hung up in every orthodox Church or Chappel and duly observed.
20. If anything shall happen which may be of advantage or Security to Our said Islands and Territories under your Government, which is not