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Declaration of His Most Christian Majesty subjoined to the abovementioned Treaty between their Majesties, which was concluded at Versailles on the 3d September 1783, as relates to the Fishery between the Islands of St Pierre & Miquelon: And as from the vicinity of those Islands to NewfdLand and other parts of His Majesty's Dominions in North America, an illicit Trade may be attempted to be carried on between the British, Indian, or any other Inhabitants of His Majesty's Dominions and the Subjects of France residing on the said Islands of St Pierre and Miquelon, or employed in the Fishery by virtue of Treaty, or between His Majesty's said Subjects and other Subjects of France, or other Powers trading, or pretending to trade to or with the said Islands of St Pierre and Miquelon. In case any endeavour shall be used to carry on such illicit Trade as aforesaid, you are to be particularly attentive to the same, and to prevent if possible all communication whatever between the said Islands of St Pierre and Miquelon and Newfoundland, or any part of His Majty's Dominions in North America contrary to the plain & strict meaning of this Instruction.
8th
You are to settle and guard the Fishery not only at Placentia and St Johns, but as far to the northward upon the Coasts of Newfoundland and upon those of the Continent of Labrador as your Command extends; to use your best Endeavors to encourage and support the Whale Fishery in the Straits of Belleisle, the Cod Fishery in York Harbour and on the other parts of the Coast of the abovementioned Continent; as also the Seals and Sea Cow and Salmon Fisheries on the said Coast; and to hinder any Trade or Intercourse being carried on by any Persons whomsoever, other than the Subjects of Great Britain and the Inhabitants of the United States of America as beforementd with the Inhabitants of that Country, which of rights belongs solely to His Majesty: And whereas the Coast of Labrador and the Islands adjacent have by Act of Parliamt been reannexed to the Province of Quebec, and His Majty hath by His Instruction to the Governor of that Province signified to him that the Fisheries on the said Coast & Islands are objects of the greatest Importance, not only on account of the Commodities they produce but also as Nurseries of Seamen upon whom the Strength of His Majesty's Kingdoms depends; that Justice & Clemency demand that the real and actual property of the Canadian Subjects on that Coast (whose Claims however extend but to a small District, on the greatest part of which a Cod Fishing is stated to be practicable) should be preserved entire, and that they should not be molested or hindered in the exercise of any Sedentary Fisheries they may have established there; and that on all such parts of the Coast where there are no Canadian Possessions, and more especially where a valuable Cod Fishery may be carried on, it will be his duty to make the Interest of the British Subjects going out to fish there in Ships fitted out from Great Britain the first object of his Care, and as far as circumstances will admit, to establish on that Coast the Regulations in favor of British Fishing Ships which have been so wisely adopted by the beforementioned Act of the 10th and 11th of King William the Third, and that he is on no account to allow any Possession
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to be taken, or Sedentary Fisheries to be establish'd on any part of the Coast, that are not already private Property by any Persons whatsoever, except only such as shall produce annually a Certificate of their having fitted out from some Port in Great Britain; You are, in pursuance of His Majesty's Pleasure, signified to us by Lord Dartmouth, late one of His Majesty's Principal Secretaries of State, to make those Fisheries particular objects of your attention and Enquiry; affording them every reasonable and necessary Protection, and transmitting to us for His Majesty's Information the fullest Report of the State and Condition and the progress thereof.
9th
The Society of Unitas Fratrum, urged by a laudable Zeal for promoting Christianity, having already under His Majesty's Protection, and with His Permission formed Establishments in the Northern Parts of the Coast of Labrador for the purposes of civilizing the Savages and converting them to the Christian Religion, in which their Success has been answerable to their Zeal: And His Majesty having signified His express Will and Pleasure to the Governor of Quebec that he do give them every countenance and assistance in his power, and not allow any Establishment to be made, but with their Consent, within the Limits of their Possessions; You are, in pursuance of His Majesty's further Pleasure signified to us by Lord Dartmouth, as abovemention'd, to give such Support and Protection to the Establishment of the said Society as shall correspond with His Majesty's Most gracious Intentions towards them.
10th
Besides the Superintendance and Regulation of the Fisheries of the Island of Newfoundland and the Coast of Labrador, you are to afford every Protection in your power to those which are carried on in the Gulph of St Lawrence within the Limits of your Command, & also upon the Islands in that Gulph, and to take particular care that the Sea Cow Fisheries which have been or may be established on the Islands of Madelaine &c. by His Majesty's Subjects, be not disturbed by the Crews of any Ships or Vessels whatever destroying those Animals in the water, or by any means deterring them from the usual places of landing; disposing of some of the Ships or Vessels under your Command in such manner as shall best serve for that purpose, without prejudice to the more material parts of the important Service committed to your Care.
11th
And in order that these Services may be more effectually performed, you are to assign to the several Ships and Vessels under your Command such Stations on the Coast of Newfoundland and Labrador, including the Islands of Madelaine in the Gulph of St Lawrence as shall be most proper; giving to their respective Commrs full and clear Instructions on the several points herein beforemention'd conformable to the foregoing Articles of these Our Instructions to yourself, and directing them also very carefully to visit the several Coasts, Harbours & Fishing Grounds within the Limits of their
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respective Stations: And you are yourself (if practicable) to visit such parts of the said Coasts &c. as your necessary Attention to the other Branches of your Duty will admit of in the course of the Season, that you may compare the Reports made to you with your own Observations before you transmit them to Us.
12th
When the early Trade shall be ready about the latter end of August, you are to order the Commander of one of the Frigates to take them under his Care, and, repairing off Cape Finisterre, to leave those bound to the Ports on the North Coast of Spain, and proceed off the Coast of Portugal with the rest, calling at Lisbon, where he is to remain not exceeding ten days for such Trade as may be ready and willing to accompany him, and then proceed to England with them, repairing to Spithead, where he is to remain 'til further order; and seeing the Trade in safety as far as his way and theirs may lie together.
13th
And when the Service will admit, you are to send Home the other Ships and Vessels of your Squadron, directing their Commanders to repair to Spithead & remain there til farther order, bringing with them any Homeward bound Trade that may be ready and willing to accompany them, and seeing such Trade in safety as far as their way may lie together.
14th
By the end of October you are to take under your Convoy any Fishing Ships which may be then bound to Portugal and Spain and see them off their respective Ports, as far to the Southward as Cadiz: And, in case you shall find at that Port any Homeward bound Trade ready & willing to accompany you to England, you are to take them under your Care. And, putting to Sea with the first opportunity of Wind and Weather, proceed to Lisbon, where you are, in like manner, to take under your Care such Homeward bound Trade as may be there, and then, after a Stay not exceeding eight days at farthest, you are to leave that Port and make the best of your way with the whole of the aforesaid Trade to England, repairing to Spithead, where you are to remain until further orders, and seeing the said Trade in safety as far as your way and theirs may lie together. In case, however, it shall be necessary or more eligible for you to send a Frigate to perform this Service, you are at liberty to do so; & to proceed yourself, directly, in the Assistance to England, with such Homeward bound Trade as may be desirous and in readiness to accompany you; repairing to Spithead, and sending to Us an Account of your Arrival and Proceedings.
But whereas the Court of Spain, in consequence of repeated Complaints, from their Ports, of a Contraband Trade being carried on by the Commanders of Foreign Ships of War, did formerly notify to the different Courts of Europe that Orders would be given for their respective Ships of War to be permitted to enter into and stay in the Ports of Spain only as they were entitled to do by Treaty; you are to give the strictest Orders to the respective Captains
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and Commanders of the Ships under your command who may be sent to the Coast of Spain, to take especial care to conform themselves, in going into and remaining in the Ports of that Kingdom, to the 16th Article of the Treaty of Peace & Commerce between Great Britain and Spain concluded at Madrid the 23d May 1667, which has been confirmed by subsequent Treaties and by the Regulations of the Port, of which they are to inform themselves for their Government during their continuance therein: And you are to be governed, in your own Proceedings accordingly, if you shall go yourself into any of the Ports of Spain.
15th
For the better maintaining a proper Government & strict Discipline in the Squadron under your Command, We do hereby authorize and empower you to call and assemble Courts Martial in Foreign Parts as often as you shall see occasion: And whereas Commanders in Chief of Squadrons of His Majesty's Ships in Foreign Parts have, sometimes, neglected to hold Courts Martial for enquiring into the occasion of the Loss of H.M. Ships when such misfortunes have happen'd, whereby the Crown has been put to an unnecessary Expense & the Officers and Companies to great Inconvenience by being kept out of their Wages; You are, in case of such an Accident, to cause a Court Martial to be assembled, as soon afterwards as possible, to try the Officers and Company for the same and to transmit to Our Secretary the Proceedings and Judgement thereupon by the first Conveyance afterwards.
But you are most strictly charged and enjoin'd not to permit, or suffer, any Lieutenant acting as a Commander of any Ship, Sloop or Vessel, to assist at, or compose a part of such Court Martial, the twelve Judges of England having, upon a Question referr'd to them by His Majesty's Order in Council of the 2d of September 1791, given it as their opinion, that Persons, under those Circumstances, are not Commanders within the Meaning of the Act of the 22d Year of the Reign of His late Majesty King George the 2d.
16th
You are to send, by all opportunities, to Our Secretary, for Our Information, an Account of your Proceedings relative to the Service, & such Intelligence as you may have collected proper for Our knowledge: And you are, moreover, upon your return to England, to transmit to Our Secretary, to be laid before Us, a Journal of your Proceedings with the Squadron under your Command, or any part thereof, and of the Services upon which you may send any of the Ships or Vessels, with your reasons for the same, & to note therein all such particular and remarkable Occurrences as may be proper for Our Information.
Given &c. 18th June 1792.
CHATHAM.
By Command of their Lordships, HOOD.
PhP Stephens. J. THOS TOWNSHEND.
ALAN GARDNER.
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