p. 616 C
EXTRACT FROM ADMIRALTY INSTRUCTIONS TO
VICE-ADMIRAL JAMES GAMBIER
AS COMMANDER-IN-CHIEF OF HIS MAJESTY'S SHIPS ON THE NEWFOUNDLAND STATION.
ADM. SEC. OUT LETTERS (2). VOL. 143.
Instructions for James Gambier Esqr Vice Admiral of the White & Commander in Chief of a Squadron of H.M. Ships & Vessels employed & to be employed at and about Newfoundland, the Islands of Madeline & Anticosti and upon the Coast of Labrador, from the River St John to the Entrance of Hudson's Straits.
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[Arts. 1-4 same as Articles 1-4 to Rear Admiral Sir Richard King, ante pages 579, 580.
Art. 5 same as Article 5, ante page 589 down to word "Coast" then read "except ships and vessels belonging to the People of the French Republic fishing according to the stipulations contained in the Definitive Treaty of Peace concluded at Versailles on the 3rd Sept. 1783 between H.M. and the United States abovementioned and the Definitive Treaty of Peace concluded at Amiens between H.M. and the First Consul of the French Republic in the name of the French People, copies of which you will receive herewith."]
And whereas by the 3rd Article of the Treaty with the United States of America the Province of New Hampshire [then as in Article 6, ante pp. 580-583, line 13].
And whereas by the 4 & 5 Articles of the Treaty of Peace signed at Versailles
on the 3rd of Septemr 1783, His Majesty is maintained in His Right to the Island of Newfoundland, and to the adjacent Islands as the whole were assured to him by the 13 Article of the Treaty of Utrecht, excepting the Islands of St Pierre and Miquelon which were ceded in full right to His late most Christian Majesty, who, in order to prevent the Quarrels which had before arisen, had renounced the right of fishing which belonged to him, in virtue of the aforesaid Article of the Treaty of Utrecht from Cape Bona Vista to Cape St John, situated on the Eastern Coast of Newfoundland in Fifty degrees North Latitude; His Majesty consented on His part, that the Fishery assigned to the French, beginning at the said Cape St John, passing to the North and descending by the Western Coast of the Island of Newfoundland, should extend to the place called Cape Raye situated in 47°—50 Latitude, and that
the French Fishermen should enjoy the Fishery which is assigned to them by the said 5: Article, as they had a right to enjoy that which was assigned to them by the Treaty of Utrecht ; and that with regard to the Fishery in the Gulf of St Lawrence, the French should continue to exercise it conformably to the 5. Article of the Treaty of Paris.
And whereas by the Treaty concluded at Amiens between His Majesty and the First Consul on behalf of the French People on the 27th of March last,
the two Contracting Parties have agreed that the Fisheries on the Coast of
Newfoundland and of the adjacent Islands and of the Gulf of St Lawrence should be replaced on the same footing on which they were previous to the War; that the French Fishermen and the Inhabitants of St Pierre & Miquelon shall have the priviledge 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, You are therefore to use your
utmost care, diligence & attention, that the several stipulations herein
mentioned and referred to, be suitably performed as far as they shall come within the limits of your Command, having due regard in doing thereof to such part of His Majesty's Declaration and the Counter Declaration of His late Most Christian Majesty subjoined to the first mentioned Treaty as may relate thereto, and also to the Fishery between the Island of Newfoundland and the Islands of St Pierre and Miquelon by visiting the several Bays and places in Newfoundland between Cape St John (passing to the North and descending by the Western Coast) and Cape Raye, or causing them to be visited by any of the ships of your Squadron as you shall judge best for that purpose But as from the vicinity of the Islands of St Pierre & Miquelon to Newfoundland and other parts of H.M. Dominions in North America, an illicit Trade may be attempted to be carried on between the British, Indian or any other Inhabitants of H .M. Dominions and the people of France residing on the said Islands of St Pierre & Miquelon or employed in the Fishery by virtue of Treaty, or between H.M. said Subjects and other people of France or subjects of other Powers, trading, or pretending to trade, to, or with, the said Islands of St Pierre & Miquelon; In case any endeavours 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 & Miquelon, and any part of H.M. Dominions in North America, contrary to the plain and strict meaning of this Instruction.
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[Arts. 8-15 and 17 same as Arts. 8-15 and 16 to Rear Admiral Sir Richard King, ante pp. 584-587. Art. 16 deals with appointment and removal of officers.]
Given &c. 8 June 1802.