Without entering into the particular regulations of the act, and considering only its principal imperfection, namely, the fishery of the island being altogether changed and varied from what it was, when the act was passed, it appeared to them to be disgraceful to suffer it to remain in the statute-book. But as they feared it was too late in that session to enter upon any new parliamentary regulations, the further consideration must be deferred for the present, unless his majesty should be of opinion that a repeal of the act should be moved for, and a short law enacted, impowering the king, by proclamation, order in council, or instruction to the governor, to make such regulations with respect to this branch of commerce, as he should, with the advice of his privy council, judge most expedient[68].
But nothing was done towards correcting or repealing an act that had been condemned so often by public and private opinions of persons best able to judge of its merits.
The attention of government was now occupied by the questions which the late treaty had brought forward. The French court, more anxious than ever for the interests of their fishery, had started a doubt about the limits at Newfoundland, which drew on a long discussion at the board of trade. It had been intimated in the before-mentioned project of arrangement, and was afterwards pressed in a special memorial from the French ambassador, that Point Riche, mentioned in the treaty of Utrecht, was the same as Cape Ray; and that the French limits on that side should, therefore, be extended as low as Cape Ray. This piece of geography was, on their part, founded on no better authority than a map of Herman Moll; and was shewn, by the board of trade in a representation, drawn with great accuracy and much at length, to be without any foundation. In this report of the board, it is demonstrated that all the French geographers united with those of England in assigning different places to Point Riche and Cape Ray, and that the wording of several public papers and documents, made it beyond all doubt the clear intention of both nations, that the French limits should end at Point Riche, and should not come down so low as Cape Ray, confining the French to the limit called Petit Nord[69].
The proceedings of the French at this time gave great uneasiness. At the close of this year, the board of trade made a representation to his majesty, respecting several ships of war being sent by the French to St. Pierre and Miquelon, which had been ceded to them by the peace; these, it was supposed, were sent thither, with a view to a sudden rupture, or at least to give improper countenance and hopes to the French in those parts; at any rate such a measure was considered as contrary to the treaty, by which those places were ceded merely as a shelter to the French fishermen[70]. It was feared a fishery was meant to be forced there out of the French limits, and an illicit trade carried on with the Indians. The ruinous state of our forts and fortifications in Newfoundland made these appearances the more alarming. It was therefore, recommended to put the forts upon a respectable footing[71].
Representation 1765.
The board still kept in view the improvement of the advantages obtained for the fisheries in those parts, amongst which that of Newfoundland was the chief; and on the 29th of April 1765, they made a second representation to his majesty, more full than either of the former; and for those who wish to be informed of the nature of this trade, a very fit companion to the representation made in the year 1718. This was followed by a third, dated the 27th of March 1766, which also deserves particular attention.
Among other improvements meditated for Newfoundland, it was resolved to establish custom-house officers. The commissioners of the customs, in March and May 1764, issued out deputations constituting a collector and controller of the customs at Newfoundland. We find that Captain Byng had, in the year 1743, appointed a naval officer as a necessary assistant to him, in checking the illicit trade there carried on. It does not appear whether this appointment was continued by his successors.
Newfoundland a plantation.
A seizure was made about this time at Newfoundland of a ship, for want of a register; it appeared to the commissioners of the customs that Newfoundland had hitherto been looked upon merely in the light of a fishery, and vessels going thither were not thought liable to the same regulations, as those going to the other British colonies and plantations: they now applied to the treasury for advice on this point[72]; and the treasury referred it to the board of trade for their opinion; who report, that they saw no reason to doubt its being a part of his majesty’s plantations, and they thought its commerce, and the ships bound thither, should be under the same regulations as in the other plantations: their lordships further thought, that as the governor had suspected that many foreigners were sharers in the fishery and commerce of that island, and had made seizure of three ships, in two of which it clearly appeared that Spaniards were concerned, it was highly expedient and necessary, that the laws of navigation should be carried into execution there[73].
Custom-house established.