John Reeves

“ As the admirals are chiefly concerned in this unfair trade, so their tyranny and oppression in the harbours, where there are none of his majesty’s ships, is not to be reckoned amongst the least causes of the decay of the fishery; those who labor in it, having learnt by experience, that the rule of their decision is their private interest, [80] and that fishermen are not to expect any justice from them. This contributes to a scarcity of men, which occasions wages to be so extravagant, that the fish which they catch is often not sufficient to pay the servants. ”

“ Among all the grievances, and the expedients for remedying them, during the tract of time we have gone through, there seems to have been no solicitude or attempt to provide a court of civil jurisdiction. While this place continued merely a fishery, the causes of action between parties were simple and of less magnitude; but of late years the population had encreased, and among the persons resident there were dealings of a mercantile nature to a great extent, and of a sort to need a judicature, that would command more confidence than any of the old establishments had been thought entitled to. ”

“ Whereas the trade of and fishing at Newfoundland is a beneficial trade to this kingdom, not only in the imploying great numbers of seamen and ships, and exporting and consuming great quantities of provisions and manufactures of this realm, whereby many tradesmen and poor artificers are kept at work, but also in bringing into this nation, by returns of the effects of the said fishery from other countries, great quantities of wine, oil, plate, iron, wool, and sundry other useful commodities, to the increase of his Majesty’s revenue, and the encouragement of trade and navigation ”

“ We find, in after times, the captains of the king’s ships used to oblige every New England master of a ship to give such bond, in a penalty of five hundred pounds, with two sureties in two hundred and fifty pounds each, not to carry any persons out of the island.
As to the fishery, he did not hear of more than one New England vessel fishing on the coast. Indeed it appears, that their fishery was all carried on upon their own coast, where they had better fish, and that they looked to Newfoundland for nothing but the sort of traffic above-mentioned. ”

“ In order that the poor labouring fishermen might not suffer oppression and disturbance from any military, or public officer, soldier, they desired, that no military person, on any pretence whatsoever, should intermeddle with the fishery or fishermen, inhabitants, or others; nor should let the soldiers out to hire, nor keep suttling houses, nor have, for their private use, any house out of the lines of the fortification, or any gardens that have served, or may serve, for fishing rooms, according to the judgment of the fishing admirals of the harbour. ”

“ They pray, that none should retail liquors to fishermen, or persons concerned in the fishery, but only to their own servants; that goods, the produce or manufacture of Great Britain, might be exported duty free, for the benefit of the fishery; that all oil, blubber, furs, and fish, taken or made in Newfoundland by British subjects, might be imported duty free, and that Mediterranean passes for the ships carrying fish might be given gratis. ”

“ He informs us, that the inhabitants and planters of Newfoundland were poor, indigent, and withall a profuse sort of people, that cared not at what rates they got into debt, nor what obligations they [39] gave, so they could have credit. But the seizing of their fish for debt, seemed to this gentleman to be both irregular and unjust, as to the time and manner of doing it; for the fishermen seeing the flakes stript before the fishing season was half over, were discouraged from proceeding any further; which often proved the ruin and overthrow of several planters’ voyages. ”

“ Some time after, it appeared to the board, that the forcing of these rules and regulations, in order to throw open the fishery there to adventurers from Great Britain, was not a wise policy. They were calculated only for a cod, or whale fishery, whereas the seal fishery, which was most pursued here, was a sedentary fishery, and needed the encouragement of exclusive property, to support the expence of the adventure. They therefore, on the 24th of June 1772, recommended to his majesty that the coast of Labradore should be re-annexed to the government of Quebec [77] . ”

“ He therefore recommends, that one of the most substantial inhabitants should be appointed in every harbour in the nature of a justice, for preservation of the peace, and tranquillity among them; and that some one, who understood the law, should be sent with the commander in chief, or should reside there, as should be thought most convenient, in the nature of a judge advocate, to decide all differences, and matters of meum and tuum between masters of ships, inhabitants, planters, and servants ”

“ It is likewise necessary to acquaint their lordships, that although it is reasonable for them to believe, that the authority given by the statute to the admirals of harbours, is sufficient to secure them peace and quietness, and to prevent any disturbances that may happen, to the detriment of the fishery, yet the experience of any one that has but once known this trade, [86] will affirm, that was it not for the yearly expectation of a ship of war coming among them, the power of their admirals would be of little regard ”

“ The private boat-keepers here spoken of, or bye boat-keepers, as they otherwise were called, are described as persons who, not being willing or able to buy a share in a fishing ship, hired servants in the west of England, and carried them as passengers to Newfoundland, where they employed them in private boats to catch and cure fish; and after the season was over, they brought them back to England, or permitted them to take service with the planters, or on board the ships. These bye boat-keepers used to go over yearly in great numbers ”

“ If the fishing does not prove so good as was expected, some of these matters will fall upon them, before the fishing season is half over, take away their fish before half made; another comes and takes away his train; and many times there comes a third, who has more men than they, and takes it away from the former; he that has most men is sure to have the greatest share. ”

“ Sir John Berry, at his return, attended the committee, where he repeated and confirmed what he had written, and assured their Lordships of the necessity of encouraging a colony in Newfoundland, if not, the French would take advantage by the intended removal, to make themselves masters of all the harbours and fishing places about the island, or would otherwise entice the English planters to come and settle among [24] them, to the great prejudice of our fishery.
The struggle between the adventurers and planters now grew very violent. ”

“ It should seem, that persons, educated as masters of merchant ships, could not in general possess that discrimination and discernment, which was necessary for determining right and property, even in fishing stages and flakes.
Such being the judicature established by the statute of King William, and such the hands in which it was lodged, we have found, that it was executed fully as ill as could from the nature of it be expected. We find that the admirals were most of their time out on the fishery ”

“ Nothing material appears respecting the civil government of Newfoundland, till the year 1737, when the board of trade listened to the representation that had frequently been made by the governor, of the inconvenience of sending over to England for trial, persons who had committed capital felonies. ”

“ The French turned their attention to the arrangements to be made in their own fishery, in consequence of the peace. The French ambassador presented to our court a project of arrangement, to be reciprocally agreed upon between the two crowns, for avoiding disturbance and dispute between the English and French in carrying on the concurrent fishery. This matter came before the board of trade, who referred it to Sir George Hay, the king’s advocate, and Sir Fletcher Norton, and Mr. de Grey, the attorney and solicitor general, for their opinion, whether the project was consistent with stat. ”

“ The great misfortune, and which I think is the origin of all the rest that attend this country, is, that no body in the winter season is empowered to keep peace, and administer justice; that the sober and industrious are every day liable to be insulted [82] and robbed by the idle and profligate, unless they can oppose them with greater force. ”

“ In December 1677, the committee for trade and plantations, in pursuance of an order of council, that had been made on the petition of the western adventurers, made report, that notwithstanding a clause [28] in the western charter, forbidding the transportation of any persons to Newfoundland, than such as were of the ships’ company, the magistrates of the several western ports did permit passengers, and private boat-keepers, to transport themselves thither, to the detriment of the fishery ”

“ But what I would more particularly represent to their lordships, is the clandestine and illegal commerce carried on between the New England men, and several of the British masters, especially the fishing admirals; who after they have, according to the act, qualified themselves in England for fishing ships, depart for France, Spain, or Portugal, where they freight with wines and brandies; which early in the year they carry directly to Newfoundland; and either dispose of to the planters, or barter with the New England-men for the produce of the plantations. ”

“ If we are to judge from the dearth of matter in the books of the board of trade, things went on very quietly at Newfoundland for several years. We only find some scattered facts of no great importance.
Lord Baltimore revives his Claim.
In the year 1754, Lord Baltimore laid in his claim to be put in possession of a large tract of land in the island, by the name of [117] the province of Avalon, and of all the royal jurisdictions and prerogatives thereto belonging, and prayed that his majesty would approve John Bradstreet, Esq. as governor thereof. ”

“ Placentia, and all the parts occupied by the French, were now ceded to the king of Great [54] Britain, in full sovereignty; the French retaining nothing more than a licence to come and go during the fishing season. A new prospect now opened; and the government, not less than the merchants, turned their thoughts to that trade with a spirit that promised itself all the fruits of this new acquisition. A Captain Taverner was employed to survey the island, its harbours, and bays; a lieutenant-governor was appointed to command the fort at Placentia ”

“ But on the foot it is now on, he that happens to be the strongest, knows every thing to be his own, and the weakest knows nothing, or had as good as know nothing, except in that little interval of time when his majesty’s ship, or ships, happen to be there; and very often the aggressor absconds, runs into the woods, and flies from justice, until the ships are gone ”

“ These things are often done, and several of the inhabitants’ fishing voyages ruined thereby. It is common, that what is done one year, in relation to fishing rooms, is contradicted the next; so that the fishing-rooms, are not settled to this very day. Many times these admirals never were in the land before, nor knew any thing of the matter; in which case some old west country master commonly takes care that the said admiral do nothing but what he pleases.—Those are the patrons that are commonly called kings in that country, who sacrifice other people’s interest frequently to serve their own. ”

“ I had several complaints from the inhabitants and others, of injustice done them by the admirals, vice-admirals, &c. of their taking their fish off the rocks before cured, and other goods, for debts by them contracted, without any law or justice, which has been a common thing amongst them; so that they wholly ruin the fishery, for the planters have nothing to work with next year. These things are done by masters of ships, when the admiral has been in harbour, without his order. By this irregular proceeding the strongest man gets all, and the rest of the creditors nothing ”

“ And be it further enacted by the authority aforesaid, That every master of a by-boat or by-boats shall carry with him at least two fresh men in six, (viz.) one man that hath made no more than one voyage, and one man who hath never been at sea before; and that every inhabitant shall be obliged to employ two such fresh men, as the by-boat keepers are obliged for every boat kept by them; and further, that all masters of fishing ships shall carry with them, in their ship’s company, at least one such fresh man that never was at sea before, in every five men they carry ”

“ In the year 1633, the star-chamber took up the subject of the fishery:—a petition and complaint had been there preferred by the merchants and owners of ships in the west of England: and that court, after taking the same into consideration, was pleased to issue the following order, for better regulating the trade.
If a man killed another, or stole to the value of forty shillings, the offender was to be brought to England, and the matter was to be tried by the Earl Marshal ”

“ While the king’s officers, and persons employed and trusted by the government, were making such uniform complaints of the abuses and disorders in the government of Newfoundland, the merchants adventurers seem to have been wholly blind to these irregularities. ”

“ The admirals are some of the first men to cut down the roofs of their stages, cook-rooms, and flakes, which paves the way for the inhabitants to follow their example, who in [77] the winter season generally carry away all the remainder. It is certain the admirals are seldom or never at leisure to hear any complaints whatsoever, except one of their favourites is the plaintiff [36] .”
“The masters of ships in Newfoundland generally endeavour to force their goods upon the inhabitants, especially the poorer sort, who generally pay dearest. Say they, if he makes a good voyage, we shall be all paid ”