Representation 1728.
The letter to the mayors of the western towns produced only two answers; one of which consisted of a complaint against Colonel Gledhill, the lieutenant governor of Placentia, for encroaching upon the fishing rooms, engaging in the fishery, and using his power in an illegal and arbitrary manner; the other complained of the illicit trade of the New England men. Not the least advice was given as to any mode of correcting irregularities, nor was any thing said as to the want of order, and good government. The board were, therefore, left to take such course as they in their wisdom should think proper. They accordingly proceeded on such evidence as they had, and drew up a representation to his majesty, dated the 20th of December 1728. In which they declare, “That the want of sufficient power in the commodore for enforcing the act of parliament, and the general contempt, into which the authority vested in the fishing admirals had fallen, had reduced the fishery to a very bad condition; and, unless proper remedies were applied, in all probability we should entirely be deprived of the advantages derived by the nation from this trade.”
They then go over the abuses and irregularities so often complained of; the increase of bye boat-keepers, the settling of persons in the island, the enticing away of seamen, and fishermen by the New Englanders, who also carried on an illicit trade; the disorders of the garrison at Placentia; the clashing interests of the adventurers and the planters; and the inefficacy of Stat. 10 & 11 Will. 3. They remind his majesty of their representations of the 2d of March 1715-16, and especially of that of the 16th of December 1718, and the heads of a bill annexed to the latter. They submit that so much of that, as may be thought proper, may be proposed to parliament immediately; they judging that an intire remedy for the evils complained of, could not be effected, without the assistance of the legislature.
Recommends civil government.
However, they said, there were some irregularities, which could be corrected by the king’s own authority, without the interposition of parliament; those were, the irregularities of the garrison, and the disorders committed in the winter season. With respect to the former, they recommend, that considering the lieutenant governor of Placentia thought himself accountable to no one but the king, a nearer controul and check over his conduct would keep him within bounds; and therefore, that the commodore on the station should be commander in chief both by sea and land, as had formerly been the practice, which would at once put an end to the competition, and jealousy, which had so long subsisted between the land and sea forces. As to the second, they recommend, that the commodore might have power to appoint judges, and justices of the peace, to decide disputes between the inhabitants, and distribute justice amongst them during the winter season. This they thought would alleviate the misery of those unhappy people, which was great enough without additional evils from the anarchy in which they lived. They say, that heretofore much encouragement had not been given the settlers, to continue in the island, and therefore regular governors, as in other colonies, had very seldom been appointed for them; and it was their opinion, that these poor people, should rather be encouraged to settle in Nova Scotia. They were about three thousand in number, with their wives and children, and might be of service there, where inhabitants were wanted.
They took into consideration the claim of property made to stages, &c. in prejudice of the fishing ships, upon which Mr. Fane’s opinion had been taken; and they thought many such titles, if enquired into, would be found to be defective; they therefore proposed, that some person, skilled in the laws, might attend the next commodore, and assist him to enquire into them, in behalf of the crown. The same person might likewise be useful in forming regulations for the better government of the inhabitants, during the winter season, so long as they continue there. They also recommended, that the bishop of London, as ordinary of the plantations, should send a clergyman, whose salary might be put on the establishment of the garrison at Placentia[33].
This representation of the lords of trade was taken into consideration at the committee of council. The committee referred to the board to consider whether, as the commission, proposed to be given to the Lord Vere Beauclerck, would vacate his seat in parliament, the service intended might not be equally well carried on by instructions to be given to the Lord Vere Beauclerck, for putting in execution all the powers entrusted to the commodore, by stat. 10 & 11 Will. 3. and by a commission, to be given by his majesty to a person skilled in the laws, who should accompany the Lord Vere Beauclerck, for appointing justices of the peace, and establishing some form of civil government among the people who had settled themselves in that island, that they might not be left in a state of anarchy, upon the departure of his majesty’s ships of war. If their lordships saw no objection thereto, they were desired to consider of a proper form of commission and instructions.
They were also desired to consider, whether it might be adviseable to separate the government of Placentia from that of Nova Scotia.
The committee made another order the 19 of April 1729, in which they recommended to his majesty all the points proposed by the lords commissioners of trade.