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suggested itself to me appears likely to be sufficiently effectual. I have selected from the most respectable of the Merchants at each of the several Out ports where it seemed necessary (and where in many instances there was before no Magistrate) the person whom I conceived best qualified, and have given to them Commissions for keeping the Peace with full power and authority as to the other Justices, except only that a clause of limitation is inserted forbidding them strictly to hold plea of any disputes concerning Fishermen's or Seamen's wages, or concerning Seamen or Fishermen absenting themselves from their duty or employ; or to inflict any of the penalties and forfeitures incurred by any Act of Parliament relating to Newfoundland.
Art. 15th There has not been any case this year to require that this Article should be acted upon; and it is pleasing to add that there has not been a single cause before the Criminal Court. |
Chief Justice as to the said Justices of the Peace, and to all other Magistrates and Officers in the legal discharge of their duty; and you are to endeavour to prevent any disputes between our said Justices of the Peace, and all other Persons in authority in the discharge of their respective Functions. And whereas you are by your Commission authorized to appoint Commissioners of Oyer and Terminer, It is our Will and pleasure that you shall not make any such appointment as shall interfere with the Criminal Jurisdiction belonging to the Supreme Court of Judicature, except only in cases where it may be inconvenient to try Offenders in the Said Supreme Court.
15th Whereas you are empowered by our Commission to pardon all Offenders and remit all Offences, Wilful murder only excepted, in which case you have power upon extraordinary occasions to grant reprieves to such Offenders until our Royal Pleasure may be known. It is our express will and pleasure that you do not suffer any Commission or Warrant Officer of any of our Ships or War, or the Master or any Trading Ship of our Subjects which shall happen to be within your Government, to be deprived of Life or Limb by the sentence of any Court; but in such case you shall reprieve the Criminal until our pleasure be known therein, and it is our further Will and pleasure that you take especial care that all Persons guilty of Treason be sent over to this Kingdom with such Witnesses |
p. 667
Art. 16th I am of opinion that thirty six Public Houses is a very proper number to be licenced for the Town of St Johns, and have directed that number to be licenced this year accordingly.
Art. 17th The Provisions Stores and Commodities necessary for the use of the Fishermen are in my opinion supplied to them at as low a rate as can reasonably be expected. The Houses of the Merchants established at St John's are on a scale so respectable, and their Trade is so extensive that they can better afford to furnish such supplies at a moderate profit than any other persons from whom the Fishermen could procure them; and their number is such as always to secure a proper competition. It is certainly proof that the great mercantile establishment at St |
and proof of the Crime as can be obtained, in order to their being tried here.
16th And whereas the immoderate use of Liquors has been found to be pernicious to the Health and Morals of our Subjects dwelling in and resorting to Newfoundland for the purpose of carrying on the fishery; and has been the cause of the Fishermen expending considerable part of their wages, you are not to allow in any part of your Government more Public Houses than may be requisite for the accommodation and supply of our said Subjects, particularly in the Town of Saint John, the number necessary for which, you will when on the spot, be able to judge of; It has been suggested, as you will find in the accompanying observations that Thirty six will be amply sufficient; And it is our will and pleasure that every person who shall be allowed to keep a Public House within your Government do give full and ample security for his or her good behaviour.
17th And whereas the monopolizing and engrossing of any Provisions, Stores, or Commodities necessary for the subsistence of the Fishermen and others employed in the Fishery, or necessary for carrying on the same will be highly prejudicial to the general interests thereof, you are by every legal means in your power to prevent and suppress any attempt that may be made for that purpose, and you are to consider and report to use whether any proper methods can be adopted for supplying more cheaply the Articles before mentioned, and for preventing any Frauds that may be committed in
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John's carries with it this advantage when the Fishermen at the Our Ports find it worth their while to go thither for their suppliers rather than procure them, as they might, much nearer home.
Art. 18th All persons inhabiting and frequenting Newfoundland have been allowed the free exercise of their religion.
Art. 19th The directions contained in this Article have been observed, and the people are in general so well disposed and orderly that it has not been attended with any difficulty.
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the sale thereof, or any combinations to enhance the price of Provisions or of any of the Articles beforementioned, tending to the distress of the Fishermen.
18th And it is our intention that all Persons inhabiting and frequenting the Islands under your Government should have full liberty of conscience and the free exercise of all such modes of Religious Worship as are not prohibited by law. We do therefore require you to permit all persons within our said Islands to have such liberty, and to exercise such modes of religious Worship as far as is consistent with law, provided they be contented with a quiet and peaceable enjoyment of the same, not giving Offence or Scandal to the Government
19th It is our further will and pleasure that you do cause the laws made against Blasphemy, Profaness, Adultery, Fornicaion Polygamy, Incest, Profanation of the Lords day, Swearing and Drunkenness, to be rigorously executed, and that you do take due care for the punishment of the above-mentioned Vices, by presentment upon Oath, to be made before the Justices of the peace in their Sessions by the Constables or other inferior Offices at the several Harbours at the proper time of the year to be appointed for that purpose, and for the further discouragement of Vice and promotion of Virtue and good morals; you are not to admit any Person to Act as a Justice of the Peace whose ill fame or conversation may occasion Scandal; and especially you will take care that the Lords day be devoutly and duly
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p. 669
Art. 22nd My sentiments upon the subject of this Article are contained in my answer to the fourth question in Art. 5th. I can scarcely suggest any effectual means for enforcing the return of the Fishermen. — The nature of the present system of the Newfoundland fishery is such as to render the object nearly impracticable: If however it is to be attained at all, it must in some measure be at the expence of Government. |
observed, that the book of Common Prayer as by law established in this Kingdom be read each Sunday and Holy day, and the blessed Sacrament administered at Stated periods according to the rules of the Chapels and public places or Worship as are already or may be settled for Public Worship, according to the rites of the Church of England.
[The 20th Art. relates to the behaviour of Ministers of the Church of England.
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The 21st Art. relates to Marriages.]
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22nd And whereas it has been thought of the highest importance to the Naval Power of Great Britain that the Seamen and other persons employed in the fisheries carried on at Newfoundland should return annually at the end of the Fishing Season to some part of our European Dominions, for the attainment of which object various laws have been passed and Instructions given; but the same having failed to a great extent in producing the effect proposed; you are to make the most attentive enquiries you can, whether any measures could now be taken for further encouraging and promoting the return of every such Seaman and Fisherman to the part of our European Dominions to which he belongs, if it shall be thought advisable to adopt such measures under the change of circumstances that has taken place, and how far the Provisions of the Acts passed in the fifteenth and twenty sixth years of
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p. 670
Art. 23rd The more material part of the information required by this Article is given in the Schedule containing the return of the Fishery, for the remainder see the appendix E.
J. T. DUCKWORTH Doc. Signed.
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our reign, for the purpose abovementioned can be made effectual, and you are also to discourage, and as far as you are able to prevent any of the said Seamen or Fishermen from deserting to any foreign Country or from going to reside and establish themselves in the Countries belonging to the United States of America, or even in any of our own Colonies in North America.
23rd You shall use your best endeavours to obtain an Accurate Account of the number of persons resorting in each Season to our Island of Newfoundland and the said Islands adjacent distinguishing those who shall arrive from the ports of Great Britain and of Ireland respectively, and from Guernsey and Jersey, Alderney and Sark, distinguishing also such as are Seamen from Passengers and those who continue to reside there all the year, and the number of Roman Catholics and Protestants, which the number of the ministers of each religion respectively, together with the number of places of worship and of Schools belonging to each with the best account you can obtain of the Funds for the maintenance of the same, and the number of Births, Marriages and Burials in every year; you are likewise to obtain an Account of the British Sack Ships and Fishing Ships, and of their Tonnage, that annually arrive at the Harbour under your Government, and sail for the different Markets, either Foreign or British, shewing the Ports they are bound to and the quantities of each sort of fish, Oil or other Articles with which they are respectively laden; you are also to obtain an Account of
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