p. 687 C
EXTRACTS FROM ADMIRALTY INSTRUCTIONS TO
AS COMMANDER-IN-CHIEF OF HIS MAJESTY'S SHIPS AND THE NEWFOUNDLAND STATION.
ADM. SEC. 2. OUT LETTERS. VOL. 1327.
Instructions for Francis Pickmore Esqr Vice Admiral of the White, and Commander in Chief of a Squadron of His Majesty's Ships and Vessels employed and to be employed at and about the Island of Newfoundland and upon the Coast of Labrador from Mount Joli to the entrance of Hudson's Streights.
* * * *
[to Vice Admiral Sir R. G. Keats, ante pp.
681, 682, but omitting in Art. 3 all words
after "entered His Majesty's Service."]
And whereas no Foreign Ships or Vessels whatever (except as hereinafter excepted) have any right to fish at or about Newfoundland, and the Commanders of Ships of War proceeding hither have at all times been directed not to allow of their fishing in those situations. It is therefore the Prince Regent's Pleasure that you take especial care to prevent the same, and that His Orders given therein be strictly complied with, and if you should find any Foreign Ships or vessels fishing at or about Newfoundland you are to oblige them to desist, and depart from off the Coast excepting Ships or Vessels belonging to the subjects of the King of France, fishing according to the Stipulations contained in the Definitive Treaty of Paris concluded at Versailles on the 3rd September, 1783, between His Majesty and the King of France.
With regard to the said Ships and Vessels belonging to the Subjects of His Most Christian Majesty, you are to observe that by the 4th and 5th Articles of the Treaty of Peace before mentioned, His Majesty is main-
tained in his right to the Island of Newfoundland, and to the adjacent Islands, as the whole were assured to him by the 13th Article of the Treaty of Utrecht, excepting the Islands of St Pierre and Miquelon, which were ceded in full right to His 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; and that 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 North Latitude, and that the French Fishermen should enjoy the Fishery which is assigned to them by the said 5th 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 Gulph of St Lawrence, the French should continue to exercise it conformably to the 5th Article of the Treaty of Paris.
And whereas by the 13th Article of the Definitive Treaty of Peace between His Majesty and the King of France, signed at Paris on the 30th of May 1814, it was stipulated that the French right of Fishery, upon the Great Bank of Newfoundland, upon the Coasts of the Island of that name, and of the adjacent Islands in the Gulph of St Lawrence, should be replaced upon the footing in which they stood in 1792: and by the 11th Article of the Definitive Treaty between Great Britain and France, signed at Paris on the 20th of November 1815, it was again stipulated that the Treaty of Paris of the 30th of May 1814, should be confirmed and maintained in all such of its enactments as should not have been modified by the Articles of the said Treaty of the 20th of November; You are therefore to use your utmost care, diligence, and attention, that the several stipulations herein mentioned or
referred to be suitably performed, as far as they shall come within the limits of your Command; having due regard to such part of His Majesty's Declaration and the Counter Declaration of His Most Christian Majesty, subjoined to the Treaty of Versailles of the 3th of September 1783, as may relate thereto, and also to the Fishery between the Island of Newfoundland and the Islands of St Pierre and Miquelon; and 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 and Miquelon to Newfoundland 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 People 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 People of France, or Subjects of other Powers, trading, or pretending to Trade to, or with, the said Islands of
St Pierre and Miquelon; In case any endeavour should 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 any part of His Majesty's Dominions in North America, contrary to the plain and strict meaning of this Instruction.
With respect to the Subjects of the United States of America and their ships and vessels We refer you to the Instructions addressed by Earl Bathurst, His Majesty's Principal Secretary of State for the Colonial Department to Vice Admiral Sir Richard Goodwin Keats on the 17 June 1815 with reference to the recent Treaty between this Country and the United States, and also to our Secretarys letter to you on the 23rd of last month conveying to you our directions for your attending to such communication as you might from time to time receive from Mr. Bagot His Majestys Minister at Washington as to the limits within which the Fisheries will hereafter be allowed to be carried on in North America by Subjects of the United States, And We hereby require and direct you to be guided by Lord Bathurst's said Instructions until you shall receive the Communications alluded to from Mr. Bagot, and upon receiving such communications to pay even attention thereto, and to issue the necessary Orders therein to the Squadron under your Command.
[7th same as Article 7 to Rear Admiral Sir R. G. Keats, ante p. 682. 8th same as Article 9 to Rear Admiral Sir Richard King, ante p. 585.]
Besides the superintendence and regulations of the Fisheries of the Island of Newfoundland and the Coast of Labrador you are to afford every protection in your power to those Fisheries which are carried on in the Gulf of St. Lawrence, within the limits of your command, disposing of some of the Ships or Vessels under your orders, 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.
[10th same as Article 11 to Vice Admiral Sir Richard King. ante p. 585, but omitting the instructions as to the Islands of Madelaine. 11th relates to
Naval Establishments on Foreign Stations.]
You are to consider the Limits of your Station to be as follows viz.
At and about the Island of Newfoundland, but having for its Western boundary a straight line drawn from the Latitude of 40° North and Longitude 50° West to a position midway between Cape Ray on the Newfoundland Coast and Cape North on Cape Breton Island and from thence in a direct line to Mount Joli on the Labrador Coast, and you are to restrict Your Cruizers to these limits accordingly.
* * * *
You are to retain the Ships and Vessels under your Command upon the Station until the Fishing Season shall be completely over, or for such further period as the Colonial Service may require, ordering them, severally, as they can be spared, to return to Spithead, And by the end of October, or as soon after as you shall find consistent with the duties of your Command, You are yourself to quit the Island, in the Ship bearing your Flag, and return to Spithead reporting your arrival to our Secretary for our information.
If however you should consider it adviseable for the purposes of the Colony, to leave at the Island one or more of the small Vessels under your orders, You are authorized so to do, giving to the Senior Officer such Instructions as you may think necessary for his guidance.
You are to send by all opportunities to our Secretary for our information, accounts of your proceedings relative to the service on which you are employed, and such intelligence as You may have collected proper for our knowledge; and You are on 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 on which you may send any of the Ships or Vessels, with your reasons for the same, and to note therein all such particulars and remarkable occurrences as may be proper for our information.
Given under our Hands the 22nd of June 1816.
J. S. YORKE
By Command of their Lordships
J. W. Croker.