p. 989 C
DISMISSAL OF CLAIM OF MESSRS. BAYNE AND BRYMER RECOMMENDED.
Extract from the Minutes of the 6th of September 1766.
Your Majesty having been pleased by Your Order in Council of the 11th of July 1766 to refer unto this Committee the Memorial of Daniel Bayne and William Brymer, Setting forth, amongst other things, that on the 26th of April 1763 (which was antecedent to Your Majestys Proclamation Declaring the Labrador Coast to be annexed to the government of Newfoundland,* His Excellency the Honourable James Murray Esquire, Governor of the Province of Quebec, Granted and Conceded to Your Memorialist, William Brymer for the Terms of four Years, until Your Majestys Pleasure should be further known a Certain Fishing Post then vacant and unoccupied, commonly known by the Name of Cape Charles Situate near the Streights of Bellisle on the Coast of Labrador (at the Time deemed part of the Dependencies of the Government of Quebec) whereupon the Memorialists did at very considerable Expence, Erect Stages at the said Post, Equip a Sloop and other vessels, and purchase large Nets and other Implements necessary for carrying on a Fishery, but in the Month of August 1765 the Memorialists Agent, William Lead was obliged to Abandon the said Post, together with the Memorialists Property in Consequence of an Order Issued by his Excellency Hugh Palliser Esquire, Governor of Newfoundland, declaring it to be Contrary to Law for any other than Your Majestys Subjects from your Dominions in Europe to Carry on the said Fishery, that the Memorialists were intirely Ignorant of any such Law (the same having never been Promulged) and therefore humbly praying Your Majesty to take the Premises into Consideration, and to Grant them such Relief and Redress for the Damages and Loss they have Sustained in the manner aforesaid As to Your Majesty shall seem meet. The Lords of the Committee in Obedience to Your Majestys said Order of Reference, this Day took the said Memorial and papers thereto annexed into Consideration and do agree humbly to Report, as their opinion to Your Majesty, That if the Memorialists have any Right to what they Claim in their said Memorial (which does not appear to this Committee) Yet, that Your Majesty in Your Privy Council not having any Jurisdiction in this matter the said Memorial ought to be dismissed.