In obedience to the first order of the committee of council, the lords report, that they thought a commission to some person to attend the Lord Vere Beauclerck, with proper instructions, might serve instead of a commission to his lordship. They prepared a commission and instructions accordingly, whereby such person was required to take the advice of Lord Vere Beauclerck, and to execute such matters as his lordship should propose to him in writing, for his majesty’s service. Among the instructions they inserted some relative to the acts of trade and navigation; which, however, their lordships thought would prove of small effect till his majesty should be pleased to erect a court of admiralty, or some other proper jurisdiction in Newfoundland, to take cognizance of offences against those acts.
They drew up instructions for Lord Vere Beauclerck, and made the old heads of enquiry a part of them.
They remark, that they had added an instruction, which required his lordship to send home all offenders, in robbery, murder, and felony, and likewise the witnesses, which had not always been done. This was to be practised till such time as some other method should be established for trying offenders in the country, which may, say their lordships, perhaps be thought necessary, so soon as the island shall have been put under better regulations, and some person skilled in the laws may hereafter be annually sent thither for this purpose, with his majesty’s commission of oyer and terminer.
They were of opinion that the government of Placentia should be separated from that of Nova Scotia.
A civil governor is appointed.
This design for establishing some sort of government in Newfoundland ended in the appointment, not of a person skilled in the law, but of Captain Henry Osborn, commander of his majesty’s ship the Squirrel.
The commission given to Captain Osborn begins by revoking so much of the commission to the governor of Nova Scotia, as related to the government of Placentia, or any other forts in Newfoundland; and then goes on to appoint Henry Osborn governor and commander in chief in and over our said island of Newfoundland, our fort and garrison at Placentia, and all other forts and garrisons erected and to be erected in that island. It then gives him authority to administer the oaths to government, and to appoint justices of the peace, with other necessary officers and ministers for the better administration of justice, and keeping the peace and quiet of the island. But neither he nor the justices were to do any thing contrary to the Stat. 10 & 11 Will. 3, nor obstruct the powers thereby given to the admirals of harbours, or captains of the ships of war. The justices were required to be aiding and assisting to the commodore, or commanders of the ships of war, and the fishing admirals, in putting in execution the said statute. The governor was to erect a court-house and prison; all officers, civil and military were to be aiding and assisting to him in executing this commission. In case of his death, the government was to devolve on the first lieutenant of the Oxford, the ship commanded by Lord Vere Beauclerck.
Such were the terms of the first commission of civil governor, granted for Newfoundland. The instructions that accompanied this commission, have nothing in them very particular. They are fourteen in number; and the last required him to execute all such matters as Lord Vere Beauclerck should propose to him, for his majesty’s service. The instructions to his lordship contained all the heads of enquiry relating to the trade and finery, and the abuses and irregularities so long complained of, and they were fifty in number.
We are told, that on the 24th of May 1729, a box was sent to the Lord Vere Beauclerck, in which were eleven setts of Shaw’s Practical Justice of the Peace, each impressed on the covers, in gold letters, with one of these titles, Placentia, St. John’s, Carboneer, Bay of Bulls, St. Mary’s, Trepassey, Ferryland, Bay de Verd, Trinity Bay, Bonavista, Old Parlekin in Newfoundland; together with thirteen printed copies of Stat. 10 & 11 Will. 3, and a bundle containing the acts relating to the trade and navigation of this kingdom. And thus provided, his lordship and the governor set sail for Newfoundland[34], in the summer of the year 1729.