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No. 96.

Newfoundland.

ADDITIONAL INSTRUCTIONS PASSED UNDER THE ROYAL SIGN-MANUAL AND SIGNET FOR HUGH PALLISER,

AS GOVERNOR AND COMMANDER-IN-CHIEF IN AND OVER THE ISLAND OF NEWFOUNDLAND, THE COAST OF LABRADOR, &C.

C.O. 195    VOL. 9.

Additional Instructions to Hugh Palliser Esqr Our Governor and     Commander in Chief in and over Our Island of Newfoundland     and the Territories and Islands dependent thereon in America.

    1st.  Whereas by the 2d Article of Our Instructions to Thomas Graves Esqr, late Governor of Newfoundland given at Our Court at St James's the     [left blank]     day of     [left blank]     1763, in the third Year of Our Reign, it was directed, that in all things regarding the Fishery, which the Subjects of France were, by the Treaty of Utrecht in 1713 and that of Paris in 1763, allowed to carry on upon those parts of the Coast of Newfoundland, which stretch from the Place called Bonavista to the Northern Point of the said Island, and from thence running down by the Western side reach as far as the place called point Riche he should conform himself with great care and attention, and with Justice to the Subjects of both Crowns as well to the Stipulations contained in the said Treaties as to the Provisions contained in the Statute of 10. 11. W. C. 25, in order therefore for the better explanation of Our Royal Intentions therein, and to manifest Our firm Resolution to preserve the said Treaties inviolable, to secure to the Subjects of France the full possession and enjoyment of the Fishery thereby stipulated to be allowed to them within the Limits aforesaid and to Our Subjects their respective Rights and Privileges and to prevent any disputes which may arise between Our Subjects and the Subjects of France carrying on the Fishery within the said Limits, It is Our Express Will and Pleasure, and We do hereby strictly require and enjoin that you do immediately, upon your arrival within your said Government give the most full and positive Orders and Injunctions to all Officers under your Command, and in a particular manner to the Admirals in the several Harbours, that they do not in their several Stations, and as far as depends upon each respectively, permit or allow, that any Obstructions or Interruption be upon any pretence given to the Subjects of France in the enjoyment of that Fishery which is

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allowed them by the stipulations of the said Treaties in common with Our Subjects, and that they do give them all reasonable Countenance and protection therein.

    2d.  And whereas it is of great importance to the Interest, Peace and tranquility as well of Our Crown as of that of France, that the said Treaties should be faithfully executed according to the true intent and meaning thereof all disputes between the Subjects of both Nations and the Fishery within the Limits aforesaid amicably carried on between the two Nations according to Treaties We do therefore particularly command and require that the Admirals of the several Harbours upon the Coast, whereon the subjects of France are by the said Treaties allowed to catch Fish, to dry them on Land, and to erect stages made of Boards, and Huts necessary for that purpose, do take the most exact and particular Care, that the said Subjects of France be permitted and allowed, in common with Our Subjects, to chuse[sic] their place or places of Abode there during the Fishing season (which shall be understood to expire on the 30th of September) according as they shall respectively arrive in the said Harbours, and to occupy such a space of Beach as shall be proportioned to the Number of Boats they employ agreeably in these respects to the Treaty's of Utrecht and Paris, and the established practice in Consequence thereof, and in Case any dispute or difference shall arise between Our Subjects and the Subjects of France, touching these matters, We do expressly Will and ordain that the said Admirals shall in the decision of such dispute proceed with the strictest Justice and impartiality, taking care upon all occasions of such dispute, that the subject matter in question and all proceedings and judgements thereon be taken in writing and transmitted by such Admirals duly authenticated to you or the Commander in Chief for the time being, in order that the Judgement or Decree of such Admirals may be confirmed or annulled by You or the said Commander in Chief, as the Justice of the Case shall allow, and in either Case you or the said Commander in Chief shall certify Your or his decision to such Admiral, to the end that the same be duly executed.

    3d. It is nevertheless Our Express Will and Pleasure, that the said Admirals in the respective Harbours shall not upon any pretence whatever, presume to interfere or interpose their Authority in any Disputes or difference which may arise between one Subject of France and another concerning their Fishery.

    4th. And it is Our further Will and Pleasure, that the said Subjects of France carrying their Fishery within the Limits aforesaid according to the said Treaties, shall not in any wise or upon any pretence whatsoever be molested or disturbed in their Persons, properties or Effects.

    5. And whereas it hath been represented unto Us, that several Boats belonging to the Subjects of France, and which on their departing from the Coast last year, were left in the several Harbours on that part of the Coast whereon the said Subjects of France were permitting to fish, were burnt and

p. 417

destroyed by the Commanders of some of Our Ships Stationed upon the said Coast; and it appearing to Us, that such a proceeding is inconsistent with that Harmony and good understanding which we wish to see preserved between the two Nations, it is therefore Our express Will and Pleasure, and you are hereby strictly enjoined and required to forbid all such Practices and Proceedings for the future.

    6. And it is Our further Will and Pleasure, that the Rules, Regulations and Orders contained in the foregoing Instructions, be made public as soon as possible after Your Arrival in Your Government, and be fixed up in some conspicuous and well frequented place in every Harbour within the Limits aforesaid, to the end that not only Our Subjects but also those of the Crown of France may be fully informed of Our Royal Intentions and directions herein.

    And it is Our further Will and Pleasure, that you do by every opportunity that shall Offer, or as soon as possible after your Return to their Kingdom transmit to Our Commissioners for Trade and Plantations, in Order to be laid before Us An Account of all your Proceedings and of all such Orders judgements and decrees as you shall have made in pursuance of these Our Instructions.

[1927lab]


 

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