Import of live Stock, &c.
In this interval, the war had determined, and the independence of the United States of America had produced, a new position of affairs in that part of the world, by which Newfoundland was affected, as well as the other parts of his majesty’s territories in America. One of the first questions that was occasioned by this revolution was, the supply of provisions for Newfoundland and the fishery. These had before the war, come in a great measure from the Colonies that were now separated; and before the new situation of things was quite understood, this supply, it was thought, might still be occasionally permitted, and, in a case of distress, had actually been resorted to. The western merchants took alarm at the appearance of an intercourse being allowed between the United States and their fishery; they presented memorials to have a stop put to it; they alledged the place might be supplied from Great Britain or Canada. The allegations on both sides, of those who argued for a supply, under certain limitations, from the United States, and of those who were wholly against this intercourse, led to long examination of witnesses, and various considerations of policy, before the lords of the committee[80]. This ended in the committee resolving, in January 1785, to recommend to his majesty, that a permission should be given to import bread, flour, and live stock, in British bottoms, which ships should clear out from the king’s dominions in Europe, with a licence from the commissioners of the customs, which should be in force for seven months. As this licence was to be for seven months, and the temporary act for regulating the intercourse with the United States would expire in less time, it was suggested by the attorney and solicitor general, whether it might not be better to pass a special act for this purpose[81]. The committee accordingly recommended to his majesty, that a bill to that effect should be proposed in parliament, but that it should be in force for that season only[82]. Such an act was accordingly passed; namely, stat. 26 Geo. 3. C.I. The same question was revived the following year; when it was considered whether the act should be renewed. Examinations in like manner were had; in which the merchants declared, they were of the same opinion as they had been last year; but that they had rather the bill of last year should be renewed, than the trade between Newfoundland and the United States should be laid intirely open[83]. The committee came to the resolution, that the act should be renewed[84].
Representation on a Bill brought in by the Western Merchants.
In the mean time, the encouragement of the fishery had come under the consideration of the committee—A bill had been brought into the house of commons at the instance of the western merchants; in this bill it was intended to make several alterations in the law of Newfoundland; the principal points of which were, to give the present possessors a permanent interest in their lands, and to repeal some material regulations of stat. 15 Geo. 3. which the merchants had always disliked.
On 9th December 1785, his majesty was pleased to refer the matter of this bill to the committee for them to consider it, and to report their opinion thereon. This bill was read at the board on the 14th of January 1786, and every provision of it was separately discussed. The subject of the fishery was under consideration for several weeks[85]. At length the committee made a report on the intended bill. This report contains their opinion upon most of the points relating to Newfoundland, and is therefore well deserving of notice. It has been laid before the house of commons, and is now in print. The report was unfavourable to the bill, which was accordingly laid aside[86]. However, another was introduced, and passed into a law, and is stat. 26 Geo. 3. c. 26. This act continued the bounties given by stat. 15 Geo. 3. and contributed to render more complete the plan begun by that statute, for preventing the seamen and fishermen withdrawing themselves from this country, either by staying at Newfoundland, or deserting to other places.
In the year 1788, the intercourse between the United States and Newfoundland was again agitated; and upon the strong representations of the Quebec merchants, the committee were of opinion for proposing a bill to parliament, to prevent entirely the supply of bread, flour, and live stock, from the United States; but, at the instance of the western merchants, this intention was dropt[87]. The following year the mode of occasional supply was continued, at the desire of the western merchants, and so it has gone on ever since by authority of stat. 28 Geo. 3. c. 6. s. 13.
Two acts passed.
In this and the following sessions two acts of parliament were passed respecting Newfoundland. By stat. 28 Geo. 3. c. 35. his majesty was enabled to make some regulations at Newfoundland, to prevent inconveniencies that might arise from the competition of the English and the French in the fishery. By stat. 29 Geo. 3. c. 53. it is declared, that fish, not caught by subjects of Great Britain going from the British dominions in Europe, may not be landed or dried at Newfoundland. This last act was occasioned by the people of Bermuda having engaged in the fishery, and selling their fish to those who had a clear right to dry and cure on the island; by this provision the design of stat. 15 Geo. 3. c. 31. in confining the fishery to ships going from Europe, was fully secured.