EXTRACT FROM “CONSIDERATIONS OF THE RIGHTS AND INTERESTS OF THE ADVENTURERS IN THE LABRADOR FISHERY.”1
BY JOHN CARTWRIGHT.
5th —That all the land backwards through the whole extent of every sealing post, to the distance of one mile from high water mark, shall be accounted
as part of such post and belong in full right to the proprietor : except that a right be reserved of cutting wood for the use of His Majesty's Ships or Forts ; and a general right of free passage to all through every uninclosed part of the same ; and excepting also that a right be reserved to any *cod-fisher of erecting upon and adjoining to the same, every building and work necessary in the cod-fishery, and of cutting wood sufficient for such buildings and works upon the shore, and for fuel ; but nothing more.† But the Seal-fisher being proprietor of the soil, that his necessary works and erections shall not be encroached upon, or interfered with, by those of the cod-fisher ; nor he be any way obstructed by him in the execution of any part of his business.
* 'Tis probable that it will rarely happen that cod-fishers should thus interfere with Sealers ; for, if a post be advantageously situated for both fisheries, the first occupant will undoubtedly erect works for, and carry on, both ; so that it may possibly be thought unnecessary to leave the posts open in this respect to any other than the first proprietor.
† Wood of a tolerable size is scarce in this country : so that 'tis reasonable he who has the property in the soil should not be obliged to accommodate the cod-fishers further than is necessary ; as they can repair to the unappropriated places for timber and plank for boat building, masts, oars, &c.
1 This manuscript was enclosed in a letter by the author, dat [sic] 23 March, 1774, to the Earl of Dartmouth, Secretary of State for the Colonies, for his consideration in relation to the government of the coast of Labrador. (Can. Arch., Dartmouth Originals, Vol. XIII.)