p. 603 C
INSTRUCTIONS PASSED UNDER THE ROYAL SIGN MANUAL AND SIGNET FOR JAMES GAMBIER
AS GOVERNOR AND COMMANDER-IN-CHIEF IN AND OVER THE ISLAND OF NEWFOUNDLAND.
C.O. 195. VOL. 16,
Instructions to Our Trusty and Welbeloved James Gambier Esquire Vice Admiral of the White Squadron of Our Fleet Our Governor and Commander in Chief in and over Our Island of Newfoundland in America and the Islands adjacent as also of all Our Forts and Garrisons erected and established or that shall be erected and established in Our said Island of Newfoundland and the Islands adjacent Given at Our Court
at Saint James's the 27th day of May 1802 in the Forty second Year of Our Reign.
First. With these Our Instructions you will receive Our Commission under Our Great Seal of Our United Kingdom of Great Britain and Ireland constituting you Our Governor and Commander in Chief in and over Our Island of Newfoundland in America and the Islands adjacent And also of all Our Forts and Garrisons erected and established or which shall be erected and established in Our said Islands with directions to obey & follow such Orders and Instructions as shall from time to time be given you under Our Signet and Sign Manual or by Our Order in Council You are therefore to prepare yourself with all convenient speed and to repair to your said Command
and being there arrived you are to take upon you the execution of the Office
and Trust which We have reposed in you and as soon as conveniently may be you are to assemble the principal Inhabitants of the said Island of Newfoundland and such other of the Islands under your Command as you shall judge expedient and with all due Solemnity you are to cause Our said Commission constituting you our Governor and Commander in Chief as aforesaid to be read and published at such Meeting.
2d It is Our 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 Islands under your Government You shall also procure accurate Drafts or Maps of the said several Harbours Bays and Coasts if the same have not been already
obtained and in case you cannot visit all the said Coasts and Harbours you are to give directions to the Officers under your Command for the purposes before mentioned and you are to report to Us through One of Our Principal Secretaries of State the condition of the said Forts and whether it may be necessary to erect any new Forts or Posts in the Islands under your Command You are also to transmit to the Master General of Our Ordnance an account of the Arms Ammunition & Stores in Our said Forts and you are to follow such Directions in this respect as you shall receive from Our said Master General of the Ordnance.
3d You are to be particularly careful to carry into execution the several Provisions of the Acts passed in the 10th and 11th of William 3d and in the 15th 26th 28th and 33d Years of Our Reign respecting Our Island of
Newfoundland and the Right of fishing and drying or curing Fish there as well as of divers subsequent Acts of Parliament for continuing the said last mentioned Act And to see that all the regulations of the said Acts are strictly complied with And you are likewise to enforce the Provisions of all Acts of Parliament for encouraging the Shipping Navigation and Trade of Our Dominions and to prevent all Evasions and Frauds contrary to the same and you are not to suffer any Foreigners whatever to fish or dry or cure any Fish on any of the Coasts or Shores within your Government except in cases in which the Subjects of any foreign Power are entitled by Treaty to fish or dry or cure Fish there.
4th And Whereas by the 15th Article of the Treaty of Peace concluded at Amiens on the 27th of March last, between Us and the French Republic His Catholic Majesty and the Batavian Republic it was stipulated that the Fisheries on the Coast of Newfoundland and the adjacent Islands and the
Gulph of Saint Lawrence should be replaced on the same footing on which they were previous to the War and that the French Fishermen and the Inhabitants of St Pierre and Miquelon shall have the privilege of cutting such Wood as they may stand in need of in the Bays of Fortune & Despair for the space of One Year from the date of the Notification of the said Treaty And Whereas by the 4th Article of the Treaty of Peace concluded at Versailles
on the 3d of September 1783 between Us and His Most Christian Majesty
It was stipulated that We should preserve in full Right the Island of Newfoundland and the adjacent Islands in the same manner as the whole was
ceded to Great Britain by the 13th Article of the Treaty of Utrecht with the exception of the Islands of St Pierre and Miquelon which by the 4th Article of the said Treaty of Versailles We agreed to cede in full right to His most Christian Majesty and the right of Fishing preserved to His Most Christian Majesty by the said Treaty of Utrecht being now allowed to commence at Cape St John on the East Coast of Newfoundland and going round by the North and down the Western Coast of the said Island of Newfoundland to be bounden by Cape Raye It is Our Will and Pleasure that upon every occasion
you do take particular care that the Citizens of the French Republic have full and ample enjoyment of the Fishery within the limits and boundaries
assigned to them as aforesaid in the manner they are entitled to enjoy the same under the said Treaty of Utrecht And for this purpose you are to give positive Orders and Injunctions to all Officers and others under your Command that they do not in the several Stations and as far as depends upon each of them respectively permit or allow that any obstructions or interruptions
be upon any pretence given to the Citizens of the French Republic in the enjoyment of the said Fishery as it is allowed to them by the Treaties before
mentioned within the limits before described But that they do give them all reasonable countenance therein You are nevertheless to take due care that no French Citizen be permitted to reside or remain in any part whatever of the said Island of Newfoundland after the Fishing Season is over and during the Winter And also that none of Our Subjects be allowed to take charge of preserve or prepare any Boat Stage Flake or Erection whatever for the purpose of the fishing on account or for the use of any Citizen of the French Republic for the ensuing Fishing Season And We do further especially direct that you do not allow any of the Citizens of the French Republic to cut down and carry off any Wood or Timber from Our said Island of Newfoundland and Islands adjacent for any purpose whatever save and except in the Bays of Fortune and Despair in which you are to take especial Care that they shall enjoy the Privilege of cutting such Wood as they may stand in need of for the space of One Year only from the date of the Notification of the afore mentioned Treaty of Amiens being the 26th day of April last unless Our Will and Pleasure therein shall in that respect be duly signified to you allowing them however to cut any Wood necessary for repairing upon the Spot their Scaffolds Huts and Fishing Vessels And further if it shall happen that any of Our Subjects shall in any wise act contrary to the true intent and meaning of the Stipulations made by the Treaty of Versailles or the Treaty of Utrecht as aforesaid And the Citizens of the French Republic shall in that respect have just cause for Complaint you are immediately to remove the same by granting them due redress and exercising the Authority vested in you by
Our Commission and these Our Instructions or by any Act of Parliament in force for that purpose You are nevertheless to take due care that no Officer or Citizen of the French Republic do exercise any act of Authority upon Our Island of Newfoundland or the adjacent Islands or the Coasts thereof in Derogation of Our Sovereignty over the same but that in every Case of just Complaint or their parts they do apply to you or Our Officers in Command under you for redress.
5th And Whereas the better to enable Us to oblige Our Subjects in
repairing to Newfoundland for the purpose of carrying on the Fishery to conform to the conditions of the said Treaty of 1783 and of the Declaratin made by Our Ambassador Extraordinary on the exchange of the Ratification of the said Treaty an Act was passed in the 28th Year of Our Reign (Cap: 35) Intituled "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 His Majesty's Subjects and those of The most Christian King"
"in carrying on the Fishery on the Coast of the Island of Newfoundland" And Whereas We are desirous to fulfil with the utmost good faith and punctuallity the Conditions 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 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 Citizens of the French Republic on the Coasts of the said Island within the limits assigned to them by the said Treaty & 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 further 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 Fatts or other Works whatever erected by them for the purpose of carrying on the said Fishery to be removed And also all Ships Vessels and Boats belonging to them which shall be found 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 Our further 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 Citizens of the French Republic 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 the Citizens of the French Republic 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 Wood for building their Scaffolds and for repairing their Fishing Vessels as allowed by the said Treaty and the Treaty of Amiens hereinbeforementioned to order them forthwith to desist from pursuing the same And in case they shall refuse a compliance with such Orders the Officers employed on this Service are to seize and retain their Nets and other Implements and to make a special Report thereof to you that the matter may be communicated to Us through 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 should repair to the several parts which shall have been occupied by the Citizens of the French Republic 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 the Citizens of the French Republic remain upon any of the said Islands contrary to the said Treaty of Peace they are to bring
them to you But if you shall have left your Station then to Great Britain together with any Nets or Implements seized as aforesaid where upon their arrival further Instructions will be given concerning them And you are to direct the Captains of Our Ships of War under your Command whenever they shall visit the French Fisheries either upon the Coast of Newfoundland or on the Great Banks thereof to collect as accurate an account of the said Fisheries as possible noting the number of Vessels Boats and Men employed and Quantities of Fish and Oil taken distinguishing whether such Fish be cured wet or dry and making such other Remarks as to their manner of carrying on the Fishery as may be necessary to enable you to report to Us a true state of the said French Fisheries You are also to direct the said Captains of Our Ships of War to obtain the best account of the number and force of the Ships of War belonging to the French Republic employed in the protection of the said Fisheries all which circumstances you are to report to Us through One of Our Principal Secretaries of State.
6th And Whereas by the 3d Article of the Definitive Treaty of Peace between Us and the United States of America concluded at Paris the 3d day of September 1783 the People of the said United States were allowed to continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other Banks of Newfoundland also in the Gulph of St Lawrence and at all other places in the Sea where the Inhabitants of both Countries used at any time theretofore to fish And also that the Inhabitants of the said United States should have liberty to take Fish of every kind on such part of the Coast of Newfoundland as British Fishermen should use (but not to dry or cure the same on that Island) and also on the Coasts Bays and Creeks of all other Our Dominions in America and that the American Fishermen should have liberty to dry and cure Fish in any of the unsettled Bays Harbours and Creeks of Nova Scotia Magdalen Islands on the Coast of Labrador so long as the same shall remain unsettled But as soon as the same or either of them should be settled it should not be lawful for the said Fishermen to dry or cure Fish at such Settlements without a previous Agreement for that purpose with the Inhabitants Proprietors or Possessors of the Ground It is Our Will and Pleasure that you do take due care that the People of the United States of America shall fully and amply enjoy every right of fishing drying and curing of Fish allowed them by the said 3d Article of the Treaty above recited not allowing them however to dry or cure their Fish on Our Island of Newfoundland or in any Bay Harbour or Creek of any other part of your Government which is settled And you are on every occasion to exact and require a full and specific performance of the said Treaty on their parts within the limits of your Government.
7th And Whereas it hath been represented to Us that divers of Our Subjects have upon various unwarrantable pretences and under pretended Grants or Permissions given by former Governors of Our Island of Newfoundland possessed them of and claim as their private Property large tracts of Land and Beaches commodious for the Fishery upon the Coasts and within;