The Labrador Boundary


Privy Council Documents


Volume II
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         1772
        March 18th.


p. 469                                           C



No. 111.

Newfoundland.

INSTRUCTIONS PASSED UNDER THE ROYAL SIGN MANUAL AND SIGNET FOR MOLYNEUX SHULDHAM,

AS GOVERNOR AND COMMANDER-IN-CHIEF IN AND OVER THE ISLAND OF NEWFOUNDLAND, THE COAST OF LABRADOR, ETC. DATED 18
MARCH 1772.



C.O. 195, Vol. 10.

    Instructions to Our Trusty and Wellbeloved Molineux Shuldham Esquire, Our Governor and Commander in Chief in, and over Our Island of Newfoundland, in America, and all the Coast of Labrador, from the entrance of, Hudson's Streights to the River Saint John's, 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 Labrador, and also the Islands of Madelaine in the Gulph of Saint 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 Labrador, within the Limits aforesaid; Given at Our Court at Saint James's the        day of        and in the        Year of Our Reign.

    First, 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 Labrador, from the entrance of Hudson's Streights to the River Saint John's, 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 Labrador, and also the Islands of Madelaine in the Gulph of Saint 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 Labrador, 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; 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 and 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, constituting you Our Governor and Commander in Chief as aforesaid, to be read and published at such meetings.

p. 470

    2. Whereas by Our former Instructions to our Governors of Newfoundland, We have thought fit to direct, 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 in 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, they should conform themselves 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 the tenth and eleventh of William the Third 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 own 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 Interruptions be, upon any pretence, given to the Subjects of France in the enjoyment of that Fishery which is 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.

    3. And whereas it is of great importance to the interest peace and tranquility as well of our Crown as 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 avoided, 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, to take the most exact and particular care that the said Subjects of France be permitted and allowed in common with Our Subjects to chuse their Stations, accordingly, as they shall respectively arrive in the said Harbours, and to occupy such a space of Beach as shall be proportioned to their number of Boats, so long as the said Subjects of France shall be actually employed in fishing and drying Fish, agreeably, in these respects, to the Treaties 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

p. 471

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 down 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 require, and the Law 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 may be duly executed.

    4. 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.

    5. And it is Our further Will and Pleasure, that the said Subjects of France, carrying on 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.

    6. 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 have been left in the several Harbours, on that part of the Coast whereon the said Subjects of France were permitted to fish, have been at different times burnt and destroyed by the Commanders of some of Our Ships stationed upon the said Coast; And it appearing to Us, that such 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 enjoyned and required to forbid all such practices and proceedings for the future.

    7. 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 Intention and Directions herein.

    8. 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 this Kingdom, transmit to Us by one of Our principal Secretaries of State, 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.

       9
to
91
same as 9
to
91
   to the Hon. John Byron, ante p. 456, et seq.

[1927lab]


 

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