land was frequented, from father to son ; it was favourable to their old impressions, that Newfoundland was theirs, and that all the planters and inhabitants were to be spoiled and devoured at their pleasure ; in support of this, they had opposed, as we have seen, every attempt at introducing order and government into that place. It was in this spirit, that they questioned the king's right to appoint a civil governor, to appoint justices of the peace, to appoint commissioners of oyer and terminer ; that they complained of the custom-house, and even talked of presenting it as a nuisance, because erected on ship's room ; that they treated Stat. 15, Geo. 3, as destructive to the fishery, because it compels the payment of servants' wages ; and that they brought forward a bill in 1785, in order to expose the servants once more to. the will of their masters, as to the payment of their wages.

        These clamours were backed with the popular representation, that the fishery should be free, and that a fishery carried on from this country, as the western merchants carried it on, was the old and true policy for Newfoundland. But their claims to a free fishery seem to be these ; namely, to be free of all inspection from government ; no justices, no courts, no custom-house. This is what they mean, when they wish all restraints to be taken off the fishery, so as they may carry it on upon the footing of Stat. 10 and 11 Will. 3.

        The pretences urged by the merchants against the court were seen through by his majesty's servants ; but it appearing to the law-officers, that the governor had not authority under the words of his commission before observed upon, to institute that, or any other court, for civil causes ; and it appearing to the committee of council for trade, that a court of civil jurisdiction ought to be established there, they recommended to his majesty to appoint or to authorise the governor, by proper words, to appoint one ; and this court, they recommended, should proceed in a summary way. The opinion of the board on this matter will be better seen in the representation they made to his majesty, which was laid before the house of commons, and has been printed by their order.

        However, no court was then established ; and the court of common pleas, instituted by the governor, continued, during the year 1790, to proceed as before. The subject was taken up by the committee of trade in the year 1791; and a bill was presented to parliament, under their direction, for instituting a court of the sort they had recommended in the representation made in 1790. This bill passed into a law ; and being intended as an experiment of a new judicature, it was to endure for one year only. The result of that experiment was to propose another bill in the sessions of 1792, for instituting a court somewhat different from that of the preceding bill. This also was only for a year.

        It is now for the consideration of parliament finally to determine what courts are to be established in the island for the administration of justice in future.

[1927lab]