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ment; nor can these Memorialists upon that Supposition have any just Cause of Complaint: But if (as we conceive to be the Case) he should have mistaken the sense and meaning of this Statute, and that the purport of it should be only to encourage Your Majesty's British Subjects in this Fishery preferably to all others; but not to go to the Exclusion of Ships fitted out from America; In that Case we conceive Mr Pallisser had no sufficient Authority to exclude your Majesty's American Subjects from a Right of Fishery in the Seas and on the Coasts above mentioned.
In the mean time the Damages and Inconveniences, which appear to have actually ensued to your Majesty's American Subjects at large from the Execution of this Order and Regulation, as distinguished from what respects the Claims to particular Posts and exclusive Privileges, do not, (as far as they have come to our knowledge) seem to have been at all considerable. Having thus in as clear and concise a manner as we are able, humbly laid before your Majesty, a State of the Damages which these your Majesty's Subjects, Subscribers to the said Memorial, profess to have sustained from the past Execution of Governor Pallisser's Regulations; and having considered these Complainants under the respective Capacities of Proprietors under Canadian Grants, Claimants under Governor Murray's Concessions, and as making a Part of your Majesty's General Body of American Subjects; it remains for us to take Notice of the second General object of their Memorial above mentioned, which regards the Expediency of discontinuing and annulling the Orders & Regulations in Question.
It has been asserted on the Part of the Memorialists, that the Seal Fishery, as carried on by your Majesty's Subjects of the Province of Quebec, supports several hundreds of useful and industrious Families, and annually furnishes Exports to the Value of six thousand pounds sterling. To this Mr Pallisser replies, that the Fishery for Cod and Whales on the Coast of Labrador, if carried on by Vessels from Great Britain only, might be productive, as he conceives, of more Advantages to this Country, and improved to greater Value and Perfection, than the Fishery at present established on the Coast of Newfoundland;—That from the Experiments which have been already made, there is the greatest Reason to believe, that the Fish on the Labrador Coast exceeds the last mentioned both in Quantity and Quality, and have ever borne a better Price in the European Markets;—That the Returns made to this Kingdom from a Trade of this sort, and the Benefits which might result from it (if put under proper Regulations) to your Majesty's Navy, by the Increase of Seamen are Considerations, as he conceives, infinitely superior to any which are stated on the Part of the Province of Quebec; That upon these Principals, and upon Conviction of the practicability of procuring these Advantages, he published the Regulations in Question, well knowing that if these Settlers were continued in their Posts to the Exclusion of British Adventurers, the Ship Fishery could no longer subsist, and the Advantages which might from thence redound to Great Britain must be lost, or diverted into the Channel of your Majesty's American Provinces, whose proximity to these Seas would render them Rivals in the Fishery, too formidable for your Majesty's British Subjects to contend with.
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Upon this Part of the Case, which respects the Expediency and good Policy of continuing these Regulations, we shall not presume to offer any opinion, having already submitted to Your Majesty's Consideration that most extensive and important Question concerning the most advantageous Method of carrying on these Fisheries.
But whatever may be the Plan which your Majesty may judge proper finally to adopt for that Purpose, we think it our Duty, from what has appeared to us in the Course of our Inquiry upon the Subject of the present Memorial, to observe to your Majesty, that however these Memorialists have failed to make out any such Title to themselves under any of the French Grants above mentioned as might support the Complaint of their Rights having been actually infringed; yet as we have no Doubt but that claims to the exclusive Property of some of the Posts in question have been and will be made by some of your Majesty's Subjects under Titles derived from these Grants, we cannot think it adviseable, that, until the Question of the Validity of such Titles shall have been decided, such Parts of these Regulations as would immediately supercede and defeat them, should be carried into Execution; And if your Majesty should be of opinion, that by virtue of the Act of the l0th and 11th of King William the 3d together with your Majesty's Royal Proclamation of the 7th of October 1763, all your Majesty's Subjects residing in every Part of your Dominions are intitled to the Right of an open and free Fishery on the Coasts of Newfoundland and Labrador, it will then remain for your Majesty's Consideration, whether upon that account also, it would not be adviseable to discontinue that Part of the said Regulations, which does in express Terms exclude a Part of Your Majesty's Subjects from the Labrador Fishery.
Before we close this our humble Representation to your Majesty, we beg Leave to lay before your Majesty a Paper very lately presented to us by (No. 4) Governor Pallisser, entitled “Proposals for encouraging the Fisheries on the Coast of Labrador, and for improving that at Newfoundland.” The Subject of these Proposals is no doubt of the greatest national Importance; but these as well as whatever is contained in this our humble Representation, must be submitted to your Majesty in Your great Wisdom, and with the advice of Your Council to decide and determine thereupon.
All which is most humbly submitted,
DARTMOUTH
SOAME JENYNS
J. DYSON
PALMERSTON
JOHN ROBERTS
[1927lab]
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