Government, except the Americans, in right of the Treaty of Versailles.

    Art. 4^th The stipulations of the treaty of Versailles have been punctually enforced; but I am informed that great activity is necessary in the earlier part of the season to prevent the Americans from Trading improperly with the British Fishermen.

trary 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.

    4^th And whereas by the third Article of the definitive Treaty of Peace between us and the United States of America concluded at Paris the third 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 all the other Banks of Newfoundland, also in the Gulph of S^t Lawrence and at all other places in the sea where the Inhabitants of both Countries used at any time theretofore to fish, and likewise 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 and in the Bays and Creeks of all other of 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 and Magdalen Islands on the Coast of Labrador so long as the same should remain unsettled; but as soon as the same or either of them should be settled it would 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

    Art. 5^th The policy which has hitherto been observed with respect to Newfoundland, of discouraging whatever might be supposed to lead to the increase of population, and ultimately to a necessity for its establishment as a colony, is in my opinion too wise to be abandoned until much stronger reasons can be given than I have yet heard advanced for a change of system. The fisheries it is true have taken a direction so evidently tending to this result that the evil may perhaps be inevitable, but it is still I trust remote, and the great object should be to keep it as far remote as possible. With this object sincerely at heart, it still appears to me desirable that in consideration of the material change of circumstances some little alteration of the Acts by which Newfoundland has been hitherto regulated should now take place. The observations of my predecessors which are stated to accompany my Instructions were not delivered to me. Those only of

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 third Article of the Treaty above recited, not allowing them however to dry or cure their fish in our Island of Newfoundland, or in any Harbour, Bay or Creek of any other part of our Government which is settled, and you are on every occasion to exact and require a full said specific performance of the said Treaty on their parts within the limits of your Government.

    5^th Several observations apparently of importance having been made by the Governors who have preceded you in the Government of our Island of Newfoundland and respecting various measures likely in their opinion greatly to promote the success of the Fishery there as well as to encrease the advantages thereof to Great Britain, many of which measures (states to have arisen from an unavoidable change of circumstances) requiring alterations in the Laws now in force for regulating the said Fisheries and appearing to us to deserve the most serious consideration before any proposal on the subject shall be submitted to Parliament. We have directed copies of these observations to be transmitted to you herewith; and it is our pleasure that you shall during the approaching Season, while you remain on the Station obtain the best information in your power from the most authentic sources, respecting the expediency of proposing to

Admiral Holloway are in my possession, and I receive them for himself. It is with great hesitation therefore that I can venture, upon the strength of so small experience, to give a decided judgement upon this important subject. The opinions of my predecessors may perhaps in many instances be directly at variance with my own, and perhaps too they have been formed on better principles.
    However, to reply regularly to the questions proposed as well as I am able; and first, With respect to confirming the title of Persons to shipsrooms and buildings which have for a considerable time been in the possession of the present holders without any legal right thereto, or who derive their claims from the usurpations of others; It is in my opinion expedient to confirm, or perhaps more correctly, give, a title to persons possessing such Ship's-rooms and the buildings thereon; exacting however a certain ground rent, such as for instance two per Cent on the sum which could be obtained by the possessors as rent from others; for example

The unoccupied Ships-rooms remaining in S^t John's amount to no more than nine.
    It is long since any Ships have arrived to claim them, and they have continued altogether useless.
    Whether in the event of peace it is to be expected that the ancient system of carrying on the fishery in

the Legislature any and what alterations in the several Acts of the tenth and eleventh of William the third, and the fifteenth, twenty sixth, twenty eighth, and thirty third years of our reign, particularly with respect, first — to confirming the title of persons to ship-rooms and buildings, which have for a considerable time been in the possession of the present holders without any legal right thereto, or who derive their claims form the usurpation of others, as well as with respect to the Governors of the Island being authorized to grant leases of such ship-rooms as have not been occupied, and on what conditions and for what terms. Secondly — with respect to the Provisions in the tenth and eleventh of William the third, relative to the fishing Admirals, which, it is represented, have long been in disuse, and substituting some competent Jurisdiction (if it shall be thought necessary) for settling disputes about Fishing-rooms. Thirdly — respecting the employment of two Green men in each boat under a provision of the same Act which for the reasons stated, neither has been for some time nor can apparently be hereafter acted upon. Fourthly — the Provisions in the Act of the fifteenth year of our reign Chap: 31, Sect. 13 respecting the retaining forty shillings to pay the Passage of the fishermen home and in the 14^th Section of the same Act respecting restrictions in the mode of paying the men, neither of which it is stated can be enforced; and it is our will and pleasure that you do not upon any pretence whatever allow any new possession to be taken of Lands or Rivers or parts thereof on our Island of Newfound

Ships would return, or whether it is likely to continue on its present footing, is the only question to be considered as to the propriety of retaining these ancient Ship's rooms as they now are, or of authorizing the Governor to grant leases of them. It is decidedly my opinion that no benefit can ever arise from keeping them vacant; and that it would be infinitely preferable that the greater part of them, which from the present construction of the Town can never again be rendered available to their original purposes, should be leased, and the rents applied to various public uses in S^t John's. The conditions of these leases should depend on local circumstances and the terms could not perhaps be limited to less than thirty years to admit of those expensive buildings which it would be for the advantage both of individuals and of the public to erect. I have brought with me a plan of the Town which was some time since constructed with great labour, and will more clearly illustrate this subject. To compensate for the appropriation of those Ship's-rooms which I should point out as useless for the banking fishery, it will here be seen that towards the upper part of the Harbour there is an excellently convenient space which might at little expence be rendered admirably fit for the ancient fishery if that system should ever return. Secondly, with respect to the provisions in the 10^th and 11^th of William 3^rd relative to the fishing Admirals, which have long been in disuse, and substituting some competent jurisdiction for settling disputes about fishing rooms; The civil establishment of Newfoundland in its present state is so

land or the Coast thereof, or on the Islands adjacent, including Saint Pierre and Miquelon, until it shall be decided whether any alteration of the Laws above referred to shall be proposed to Parliament, and you are in the mean time to take care that the Ancient Ships-rooms and fishing-rooms do continue under the Provisions of Statute Tenth and eleventh of William the Third. Cap: 25 for the encouragement of new adventurers, that they may be sure of finding proper and convenient places for curing, salting, drying and husbanding their fish whenever they shall resort thither.
    It is our further will and pleasure that the remaining Shores of Newfoundland shall be held by such of our subjects resorting thither from our Dominions in Europe as shall first arrive and take possession of the same for the like purpose of carrying on the Fishery in proportion to the number of ships and Boats they shall employ and they shall continue to hold the same in like manner and for the like purpose so long as they shall carry on the Fishery for one entire Season, such shores or parts thereof as shall be neglected or deserted by such possessors shall be held for the like purpose and in like manner by any of our Dominions in Europe who shall first occupy the same for the purpose of carrying on the fishery, and you are to put and maintain such Persons in possession thereof; And whereas it appears by the observations of your predecessors already alluded to that the Instructions from time to time

fully competent, and the jurisdiction of the Fishing Admirals Court has now so properly devolved to the Supreme and Surrogate Courts and Courts of Session, that in my opinion it is quite unnecessary to substitute any other. Indeed it does not appear that the Admiral's jurisdiction was at any time attended with much benefit, and there is certainly now no reason to regret its loss. Thirdly, with respect to the employment of two Green men in each boat, under a provision in the same Act; It does indeed appear to be utterly impossible that this provision of the Act should be enforced again. In the first place, because in the present sedentary way of carrying on the fishery it would not be practicable to procure such Green men, and more especially after so many years of War; and in the second because a very considerable share of the fishery is now managed in Skiffs never carrying more than three men, and very frequently a Man and two Boys, or only a Man and Boy; and not generally in Chaloups as in former times. Fourthly, with respect to the provisions in the 13^th Sec. of the Act of the 15^th of His Majesty, for the retaining forty Shillings to pay the passage of the Fishermen home; and in the 14^th Sec. of the same Act respecting restrictions in the mode of paying the Men. It is not perhaps necessary to make any alteration in that part of the Act which specifies forty shillings as the sum to be retained for passage money home. The wages of the Fishermen will not bear a greater burden; but if the return of the fishermen be an object to be enforced, the deficiency in the passage money might be made up by

given to prevent the erection of any buildings except Fishing Stages, Cook-rooms, Ship rooms and flakes or such erections as shall be absolutely necessary for curing, salting, drying and husbanding Fish within two hundred yards distance from High Water mark, have not for a considerable period been enforced, and reasons have been submitted why that system should be departed from. It is our Will and pleasure that you should, while you remain on the Station, inform yourself as fully as you can on that subject also, and report your opinion thereupon on your return. It is our further will and pleasure nevertheless that all, or any building, erections, Wharfs, Slips or Fences already created may remain, provided the same are not erected or built upon Ancient Ship rooms, and provided they are not, in your judgement, considered to be nuisances and detrimental to the Interest of the Fishery in General; but in case they shall cause the same to be removed, giving due and reasonable notice to the parties claiming or pretending any Interest therein, if upon the spot, or to the Persons in Possession and occupation thereof, putting the said parties or persons to as little inconvenience as the case will admit, if such parties or persons do not chuse to remove the same in due time after such notice shall be given.