The Labrador Boundary

Privy Council Documents

Volume III

[2 March,

[4 May, 1841.]

[25 July,

p. 1498

No. 557.                                       N
[Enclosure 2 in No. 555.]

CHAS HUNT, Esq.  .  .  .  .
2 March 1841.    
      I am directed by Lord John Russell to acknowledge the receipt of your letter of the 25th ultº, together with the memorial from the Merchants engaged in the Labrador Fisheries, complaining of an attempt made by the Authorities of Newfoundland to exact payment of duties on that Coast: and I am to inform you that his Lordship will transmit the Memorial to the Governor of Newfoundland for his report.
I have &c.                    
C. HUNT, Esq.
5 July 1841.    
      With reference to my Letter of the 2nd of last March; &c.
      [See printed book of extracts.   Copyist's note.]
*               *              *              *             *

No. 558.                                         N
[Enclosure 3 in No. 555.]

Custom House                          
Saint John's 4 May 1841.  
      His Excellency the Governor having referred to me a Despatch of the Right Honorable the Secretary of State for the Colonies, together with Copies of two Memorials from certain Settlers and Traders at the Labrador with a request that I will make such observations on those documents as will in my opinion assist Her Majesty's Government in coming to a decision on the subject to which they refer.
      I would most respectfully observe that the parties to those Memorials appear to labor under a misconception as to the object and intention of the Bill to which they refer in their Memorial to the Board of Trade—the object of that Bill was not the imposition of duties on the Trade of Labrador, each and every Revenue Bill passed by the Legislature from its institution on the first of January 1833 to the present time having provided that the same duties should be raised levied and collected at the Labrador as in the other districts and dependencies of the Colony, but to enable His Excellency to appoint a permanent officer to collect them.
      I would also observe that the question raised by these parties, is not raised now for the first time. In the year 1837, during my absence in England the Acting Collector acting on the opinion of Her Majesty's Attorney General levied the duties, both Imperial and Colonial, on the Cargo of a Vessel belong-

p. 1499

ing to one of the parties to these Memorials which Duties were in ordinary course paid over to the Treasurer of the Colony.
      Against this proceeding on the part of the Acting Collector those parties appealed, by Memorial to the Board of Trade, and I have reason to believe they were then informed that the duties in question were due, and that the Acting Collector had only done his duty in levying them.
      The correspondence connected with this transaction may perhaps be made available on the present occasion in as much as it will enable the Governor to bring under the consideration of the Government its former decision. I have therefore the honor to enclose Copies of it for His Excellency's information.
I have &c.                       
J. McMILLAN (?).    
*               *               *              *               *

No. 559.                                         N
[Enclosure 4 in No. 555.]

        H.M. Customs, London.
Custom House                        
St John's Newfoundland  
25 July 1837.       
      We have the honor to report to your Honorable Board that on the 19 Ultimo the Brig “Visitor” Luscomb Master from Liverpool arrived at this Port having on board supplies for the Fisheries also,
15 puncheons B.P. Rum &c.             
*               *               *              *               *
all of which articles were accompanied by cockets cleared for Newfoundland and the Labrador at which latter place there is no officer stationed, and not being exempt from duty for the Fisheries, We considered it imperative on us to levy the same, and in doing which we experienced much opposition both from the Master and the Super Cargo, who pretended to be ignorant as to what Port the Vessel was bound, and said they had come in here for orders, but this Statement we regarded as a mere subterfuge as the Super Cargo is son of one of the owners, and who is also owner of the Establishment on the Labrador Coast.
      Under these circumstances we deemed it expedient to apply for the Attorney General's opinion thereon, Copy of which we herewith enclose and beg to state that in accordance therewith, We levied the duties, which were paid by the Super Cargo under protest.
            We have &c.
EDWD F. STEWART,        
Actg Coll.    
GEO. BAYLY, Comp.       



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