History of the government of the island of Newfoundland / With an appendix containing the Acts of Parliament made respecting the trade and fishery

by John Reeves

Want of Police.

He says, that quarrels and disputes happened after the fishing season was over; and in the rigour of the winter season, masters beat servants, and servants their masters. 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; that this person should have power to administer an oath to parties, or witnesses, for determination thereof in the most summary way, and that he should be obliged to go every year to the following places; viz. Bonavista, Trinity, New Perlican, Old Perlican, Carboneer, St. John’s, Bay of Bulls, and Ferryland, and to stay a fortnight or three weeks at each of them. He adds, that such a person would be useful there for several purposes, and among others, that a true account might be had from him, how all matters were transacted at Newfoundland[5].

The picture here given of Newfoundland is hardly heightened, or varied by any colouring to be found in the representations made by successive commanders. They are usually in the same strain. The grievances and complaints, the remedies and expedients are uniformly the same; and it is a remarkable circumstance in the history of this trade, that many of the papers relating to it, whether coming from the commanders, or from the merchants and adventurers, in the times of king William and Queen Anne, would apply to later times, as well as to those in which they originated.

The heads of enquiry given in charge to the commanders, and the answers returned by them thereto, would furnish a history of the fishery. These heads soon encreased from twenty or thirty, to sixty or seventy. It is not my intention to go over all these, or to pursue every point that has arisen, at various periods, with relation to this fishery and trade; but principally to trace the progress made in affording that island some sort of constitution; and the settling of this, like the settling of all other constitutions, will involve in it the parties, and different interests that have, and still continue to prevail amongst the individuals concerned in the trade, both here and in Newfoundland.

In the answers made by Captain Graydon, the commander, at this time, we find, that a survey was made that year of all the encroachments made by the inhabitants upon the liberties of fishing ships, since the year 1685, and they were all corrected, as appears from him.—That the admirals of the harbours were the persons, who mostly brought bye boat-keepers, and put them in possession of ship’s rooms, under notion of their being freighters (as was before alledged) the admirals advancing them money in England at five shillings in the pound.—The admirals did not observe the rules prescribed in the act of parliament, but on the contrary, when they wheedled a poor planter into debt, they took his fish by force from him, and would even break open his house to get it. As to the admirals keeping journals, accounts, &c. he found but four of them capable of doing it.—The admirals, before the 20th of August, used to hear some complaints, but after that, none were made to them, they being generally the greatest aggressors themselves.

Such are the observations made upon those points, that are more particularly for our consideration at present. We shall find, as we go on, how uniform were the complaints of abuses, and irregularities in the police and government of the island.

Opinion of the Board 106.

In the year 1702, the war with France broke out, and our fishery and concerns there were greatly disturbed by the French. During this, the questions agitated at the board of trade mostly concerned the defence of the island by sea and land. Notwithstanding this state of war, an order was made by the House of Commons, the 16th of January 1705-6, for laying before the house a state of the trade, and fishery; a state was for this purpose drawn up by the board; in this they give their opinion upon the different abuses and grievances; and, amongst other things, recommend that power should be given by parliament to the commanders of the queen’s ships, and to the admirals, to inflict fines and penalties on the breaches of Stat. 10 & 11 Will. 3, c. 25. they recommend also, that the commanders of the queen’s ships should have the power of custom-house officers to search ships from New England[6]—In the same year they recommended to her majesty, that the mayors of the towns in the west, should be written to, requiring them to enjoin the masters of ships, who might become admirals, to keep journals, and discharge the other duties required of them by Stat. 10 & 11 Will. 3, c. 25[7].

The board were called upon again the next year by the House of Commons for a state of the trade[8], which was accordingly furnished, and in this statement the same abuses were recounted and the same remedies were suggested for their correction.

On the 31 of March 1708, the House of Commons addressed her majesty, beseeching her to give directions, that the laws relating to the trade and fishery of Newfoundland might be effectually put in execution against such commanders of her majesty’s ships of war, or forts, or fortifications there, as should presume to exact, demand, or receive sums of money, or other rewards from any of the queen’s subjects, in their voyages, trade, or fishery to, from, or at Newfoundland: And that such commanders and officers should be strictly forbidden to keep, use, or employ any fishing boats for their own private use or advantage: further, that the laws relating to the fishery should be duly executed[9]. This address was occasioned by some complaints made against a Major Lloyd, who commanded the troops at St. John’s; but of this gentleman’s conduct there were different accounts; the most unfavourable seem to have prevailed with the House of Commons to come to this resolution.