The Labrador Boundary

Privy Council Documents

Volume II

[18 June, 1788.]

Newfoundland. Additional Instruction to Govr Elliot approved.



p. 562                                           C

No. 140.




Extracted from Minutes of Privy Council of 18th June, 1788.
P.C. 2.    VOL. 133.

Additional Instruction to Our Trusty and Welbeloved John Elliot     Esquire Governor and Commander in Chief of our Island of     Newfoundland—Given at Our Court at St James's, the             *        day of        *        1788, in the 28th Year of Our     Reign.

    Whereas by the 27th Art. of Our Genl Instructions to You, bearing date the 22d day of June 1786, you are directed to permit the Subjects of His Most Christian Majesty to have full and ample Enjoyment of the Fishery upon the Coasts of the Island of Newfoundland from Cape St John on the East Coast of the said Island round by the North and down the Western Coast to Cape Raye, agreeably to the 5th Art. of the Definitive Treaty of Peace concluded at Versailles on the 3rd day of Septr 1783 between Us and the most Christian King. And Whereas by the 28th Article of the said Instructions you are in conformity to the Declaration made by Our Ambassador Extraordinary, on the Exchange of the Ratifications of the said Treaty of Peace, directed to prevent as far as possible any of our subjects from fishing within the limits assigned to the French Fishermen by the said Treaty. And Whereas the better to enable us to oblige our Subjects repairing to Newfoundland, for the purpose of carrying on the Fishery to conform to the Conditions of the said Treaty and Declaration, An Act has passed in the present Session of Parliament, entitled "An Act to enable His Majesty to make such Regulations as may be necessary to prevent the Inconvenience, which might arise from a Competition of Our Subjects, and those of the most Christian King, in carrying on the Fishery on the Coasts of the Island of Newfoundland." A Copy of which has already been transmitted to You. And Whereas We are desirous to fulfill with the utmost good faith and punctuality the Condons of the said Treaty and Declaration, and for that purpose to take the most positive Measures for preventing Our Subjects from interrupting in any manner the Fishery of the French during the Temporary Exercise of it, granted to them upon the Coasts of the said Island, and thereby to remove

p. 563

all Occasions of daily quarrels, between the Fishermen of the two Nations, It is Our Royal Will and Pleasure, and We do hereby direct you in pursuance of the Powers vested in us, by the said Act, immediately after Your arrival upon the Coasts of the said Island, to give Notice to all Our Subjects resorting thereto, that they are not to interrupt in any manner by their competition the aforesaid Fishery of the Subjects of His Most Christian Majesty on the Coasts of the said Island, within the limits assigned to them by the said Treaty, and during the temporary exercise thereof, which is thereby granted to them ; but to depart from within the said Limits. And in case any of Our Subjects after such Notice has been given, shall refuse to depart within a reasonable time. It is our farther Will and Pleasure that you do instruct the Officers under Your Orders who may be dispatched to that part of the Coasts of the said Island to cause any Stages, Flakes, Train Vatts, or other Works wtever erected by them for the purpose of carrying on the said Fishery to be removed, and also all Ships, Vessels and Boats belongs to them, which shall be fund * within the Limits aforesaid, and to use such Means, as may be found necessary for compelling them to depart from that part of the Coasts of the said Island, and also to cause them to be prosecuted in the Courts of Law for such their refusal in the manner which the Act before mentioned Particularly directs.
    It is further Our Royal Will and Pleasure, that you do enjoin the Commanders of such of the Ships of Our Squadron under your Orders, as may be employed within the Limits assigned to the Subjects of His most Christian Majesty, upon the Coasts of the said Island, to be particularly Attentive to their Proceedings, and in case they shall at any time discover, that any of His most Christian Majesty's said Subjects shall be employed in carrying on their Fishery at more than the distance of half a mile above the entrance or mouth of any River, or shall in any manner employ themselves except for the purpose of cutting of wood, for building their Scaffolds, and for repairing their Fishing Vessels, as allowed by the said Treaty; to Order them forthwith to desist from pursuing the same; and in case they shall refuse a Compliance with such Orders, the Officers employed upon this service, are to seize and retain their Netts, and other Implements, and to make a Special report thereof to You, that the matter may be communicated to Us, thro' one of our principal Secretaries of State.
    It is also Our Will and Pleasure, that one or more of the Ships of the Squadron, under your Orders, shod repair to the several parts, which shall have been occupied by the subjects of His most Christian King, within the Limits assigned to them by the said Treaty, after the Season for their exercising the Fishery shall be over, and in case they shall find, that any of His mosts * Christian Majesty's said Subjects remain upon the said Island contrary to the said Treaty of Peace, they are to bring them to you; but if you shall have left your Station, to Great Britain, together with any Netts or Implements seized as aforesaid where upon their arrival, farther Instructions will be given concerning them.




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