CO 194/21 [Reel B-213]

Page

Date

From whom (where)

To whom
(where)

Contents or nature of the document

1-2v

27 April 1730

P. Yorke

Board of Trade

A letter reporting to the Atty. General about the power of justices of the peace in Newfoundland. As well, addresses issues of tax on fish in Newfoundland, a problem with the assaulting of the Justices of the Peace in Newfoundland, and the limits of the powers of the Justices of the Peace

3-4v

29 Dec. 1730

P. Yorke

The King

Report relating to the power of Justices of Peace in Newfoundland.

7-9v

13 April 1738

Monson, M. Bladen, Edward Ashe, and R. Plumer (Whitehall)

The King

Report of the Board of Trade. Includes such things as a confirmation that a draft of commission for Philip Vanbrugh to become governor of Newfoundland, has been drawn up. Questioning whether or not it would be better to try people charged with a capital offense in Newfoundland and thereby avoid the high cost of bringing the offender to England for trial. Also, giving confirmation that a problem ["evil"] within the fishery has been addressed that had been brought to the board by Commodore Lee

11-12

13 April 1738

Extract from the Commission appointing Philip Vanbrugh Governor and Commander in Chief in and over Newfoundland. Sections of this document have been underlined and a marginal note explains that the words underlined were struck out by the Council. These sections deal with Vanbrugh being granted the powers to appoint judges and the like to prosecute in cases of capital crimes

13A-13B

25 May 1738

A copy of the commission and instructions for Philip Vanbrugh, Commander of HMS Chatham to be governor of Newfoundland. The document indicates that the Privy Council agreed to approve Vanbrugh's commission as long as the parts concerning him being given the power to appoint judges to deal with capital offenses not be included in the commission.

14A-14B

30 Jan. 1749

Sir Dudley Ryder

Duke of Bedford

Report upon Capt. Rodney's letter. Rodney was the former governor of Newfoundland, he had written a letter asking that the governor of Newfoundland be able to make decisions in the case of capital crimes. Ryder agrees that he should be able to do so. Mentions that an extract from Rodney's letter is inclosed, however, it is not with the rest of these documents.

15-15v

27 March 1750

Sir Dudley Ryder

Board of Trade

A letter to the Board suggesting that the right to make decisions in capital offenses has been approved, the question this deals with is how the power should be communicated to the governor. The opinion of Ryder is that it should be inserted in his Commission under the Great Seal and not simply signed by His Majesty in Council. The power granted is simply to make a decision in such a case, not to execute the criminal.

17-18

16 May 1751

Sir Dudley Ryder

Board of Trade

A letter to the Board concerning the present conditions in Newfoundland and indicating that there are too many criminals at present to imprison them all. Ryder agrees that Drake (governor of Newfoundland) should be allowed the power of execution in situations of capital offenses. However, this is granted with the stipulation that he not be able to do so in cases of treason, nor in cases involving the officers of his own ship or any of the trading ships that are there.

19-19v

A list of legal precedents; arranged by governor (from Rodney 1749 to Milbanke 1789) involving disputes relating to wages, debts, property. Includes references to volume and page numbers but it is not clear in what series these volumes appear.

21

A summary of the state of the French fishery in Newfoundland for the years 1769-1774 and 1786-1792.

23

5 April 1792

A summary of the state of the English fishery in Newfoundland of various years the earliest being 1699 and the latest being 1792. This document is fairly easy to read in that the information has been mechanically printed. However, the original document was a very large sheet and had to be recorded in sections, these sections are out of order and the original paper was slightly damaged in places.

25

Sometime between 1786 & 1789 as this is written by Commodore Elliot who was governor of NF during these years

Commodore Elliot

Lord Hawkesbury

A letter transmitting documents to Hawkesbury copies of papers which have been delivered to the secretary of states office; also a memorial of the quantities of rum and molasses imported last season at Newfoundland and some observations upon acts of Parliament and the King's Instructions relative to fishing rooms and the court of vice admiralty in that island.

27

1786

Commodore Elliot

Lord Hawkesbury

[Enclosed with above] Letter transmitting the price of fish in Newfoundland for that season.

29

1786

[Enclosed with above] French Bounties on the fishery in that year.

31

1786

[Enclosed with above] Memorial of the quantities of rum and molasses imported at Newfoundland that year.

33

1786

J. Waller

To whom it may concern

[Enclosed with above] Letter stipulating that fishing vessels must register with a justice of the peace (or similar official) when they arrive in Newfoundland to fish. Also addresses the issue of building in Newfoundland; further buildings are not to be erected without permission.

35

A comparative state of the British fishery carried on in various years the earliest being 1763 and the latest 1792; there are large gaps in between years. It is quite obvious that 1791 and 1792 were added to the document after it was completed, apparently originally in 1790.

36

A comparative state of the NF fishery for the years 1785 & 1786.

39-40

1786

An account of the French fisheries carrying on between Cape Norman in the Strait of Belle Isle, and Cape St. John on the northeast coast of Newfoundland as taken by Captain R.C. Reynolds in the year 1786

40v

1786

Report of what disputes etc. have arisen relative to the rights and enjoyment of the Fishery contrary to the true meaning of the stipulations made by the several Treaties of peace in that behalf, upon the French Limits from Cape Norman to Cape St. John upon part of the North East part of the coast of Newfoundland with the redress given by Captain Reynolds in the year 1786. Outlines specific things that the English have done that the French have complained about. Mentions places like Quirpon, Noddy Bay, and Sop's Arm; within Sop's Arm there are a few individual names given for the Englishmen in question. This document can be a little difficult to read as it is put on the microfilm completely upside down.

41-41v

31 Aug. 1786

1. Capt. Terras de Rodeillac, Commander of the French sloop le Courrier; 2. Robert Carthew Reynolds, Commander HM Sloop, Echo

2. George Higgs and Noah Lemon (Holin Point, White Bay); Mr. John Craze and Mr. Tory (Sop's Arm, White Bay)

This document is comprised of two letters as previously outlined. The first is in French and may concern French complaints about English fishermen who are disobeying treaty regs. and are interfering with the French fishery on part of the French Shore. The second letter concerns the actions of some Englishmen who have fishing operations set up in White Bay. In this letter Reynolds is acts for Governor Elliot and orders these Englishmen to remove from the area and orders them not to set up further operations in any area that fall under French jurisdiction.

43

1786

R.C. Reynolds

An account of the Salmon fisheries erected and carrying on in the following places upon the Coast of the island of Newfoundland. The information is given by place, person who owns the operation, how many employed, how much salmon taken, etc. Makes note not only of the Englishmen involved in such operations on the English Coast but also Englishmen involved on the French Shore

44

Comparative state of the British and French Fisheries at Newfoundland for the years 1786 and 1791

46

This document comprises a series of tables outlining activities in Newfoundland during the 1786-1787 season. The tables outline things like shipping and trade outwards from Newfoundland. It names the individual communities and how much of what was produced there and shipped out. There is also a table showing to what countries these goods were exported. Another table gives an account of all vessels that wintered in Newfoundland in 1786-87. Other tables outline how many ships were built in Newfoundland that year; another outlines all of the vessels that were employed in the Bank fishery.

47

Another series of tables dealing with the same time period as the above series. These tables involved the same categories of information only this time it deals with imports and not exports.

48

25 Oct. 1786

John Elliott (St. John's)

A general return of the Newfoundland Fishery for the year 1786 Commodore John Elliott Governor.

49

10 Jan. 1787

Evan Nepean (Whitehall)

Stephen Cottrell

A cover letter for a collection of documents concerning the general returns of the English and French fisheries in Newfoundland for the year 1786. Asking to have these same documents laid before the Board of Trade. Possibly in reference to preceding documents.

51

1786

R. C. Reynolds

A table reporting the number of Indians, foreign and native who frequent some of the places upon the coast of the island of Newfoundland and the nature and extent of the commerce they carry on with the Inhabitants. Covers the areas of Cape Norman to Cape St. John and from Cape St. John to the Island of Baccalao [Baccalieu]

52

A document outlining the comparative state of the British and French Fisheries at Newfoundland for the year 1786.

53-53v

20 Feb. 1787

John Elliot (New Broad Street)

Grey Elliot

A letter containing an extract of a letter from Mr. Philip Robin of Jersey who wrote John Elliot concerning a new registration system that had been proposed. Mr. Robin has made some suggestions for improvements to the implementation of the said system.

55-55v

18 April 1787

Gov. Elliot (Hanover Street No. 12)

Lord Hawkesbury

A comparative state of the fishery of Newfoundland for the years 1785 and 1786 with 1787 pencilled in afterwards.

57-57v

19 April 1787

W. Jules (?), secretary of customs (Custom House)

Grey Elliott

A cover letter introducing some letters on the subject of registration for open Fishing shallops.

59-60v

7 April 1787

Richard Routh, collector (Poole)

Custom House

[Enclosed with above] Letter from Routh concerning difficulties he expects to encounter by enforcing an Act of Parliament in which he must collect registrations for some smaller vessels that do not exactly fit the description given in the Act. There is also a note that this letter be redirected to the solicitor for his speedy report with the signature of I. T. Swainson dated 12 April, 1787 added after Routh's signature. There is also a lengthy comment added to the letter dated 14 April, 1787 and signed by W. Cooper. This comment answers the questions and concerns in Routh's letter.

61-66

17 April, 1787

Richard Routh (London)

William Stiles, secretary of His Majesty's Customs

[Enclosed with above] This letter from Routh again addresses concerns he has with having to register all ships, even small ones that never return to England. Routh outlines several of his concerns with reasons why they should be taken into account. He is worried that it might impede the fishery and affect those involved in the fishery and fish trade in a negative way. The short season may be made even shorter as registration takes time; this point deals in detail with weather concerns. He also mentions that the smaller boats often change hands and this would create a lot of extra work as they would have to be re-registered every time. Routh also points out that the smaller boats are built in winter by a few men who stay behind [Routh claims 3,000 men but the Governor's return suggests 2,000]. As they are built with green timber they last only a short time and are abandoned. It would create a lot of hassle and extra work in the registration department to have to register all of these boats. There is a note following Routh's signature that this letter is to be forwarded to the Solicitor, signed I. T. Swainson, dated 19 April 1787. As well, there is a further comment signed W. Cooper and dated 19 April 1787. In this Cooper answers Routh's concerns and makes recommendations of actions that should be taken in the case of these small fishing boats. There is an additional comment made by W. Stiles dated 19 April 1787 that addresses a couple of Routh's concerns in these registration procedures.

67-67v

19 April 1787

Richard Routh

The Custom House

A letter taking into consideration all that has been said on the subject, Routh recommends that the small fishing shallops (boats ) be exempted from the registration process.

70v-77

4 Oct. 1787

A Report of the French fisheries upon the Coast of Newfoundland in the year 1787. Visited by HM Sloop Echo, commanded by Robert Carthew Reynolds. This entire document is appended with a note explaining this is a copy received by J. Elliott from Capt. Reynolds at St. John's on the given date. Lists all information by port and gives detailed account of specific numbers for each. Also gives remarks and reports on the conditions of the fishery, mentions that this was on a whole a particularly bad year on the whole of the French Shore with only the area between Quirpon and Hare Bay listed as being fairly successful. Names two French warships that were stationed on the coast, La Didon (40) Commander Le Comte de Medine and Ship's Major Le Comte Degrigny, and La Perdrix (20), Captain Le Chevalier de Ville and Ship's Major M. Des Ligneris. Also mentions a sloop called the Fury, Commander Le Chevalier de Bellon, employed surveying the coast; they also expected the arrival of two frigates from the West Indies. The document includes a report of the disputes that have arisen relative to the rights and enjoyments of the Newfoundland Fishery contrary to the true meaning of the stipulations made by the several treaties of Peace in force in the behalf upon the French limits from Cape St. John to Cape Ray with the redress given etc., in the year 1787. Copies of several letters and documents are appended that expand on these complaints. These letters include one from Hare Bay that mentions the Gentle, a merchantman commanded by Captain Vally [elsewhere, Valley] and belonging to Mr. Turnor of Granville. A couple of the proclamations by R.C. Reynolds were made in the harbours of Croque and Griquet.

79

A memorandum concerning the quantity of cod exported from NF to different markets between 1 October 1786 and 1 October 1787. Lists markets and the amounts exported in quintals.

81

1787

A table showing the comparative state of the NF fishery. Compares various years from 1763 through 1787 and includes such information as number of ships, men, boats, etc. for each year.

83

31 Oct. 1787

John Elliott (St. John's)

A very large table showing a general return of the NF fishery of 1787 under governor John Elliott. Includes very detailed information such as: number of boats, ships, men, quintals of fish, tierces of salmon, tons of oil produced, number of inhabitants, number of families, and number of winter inhabitants. All of this information is listed by community and extends all around the coast of the colony. This document can be difficult to read as it was originally a very large document and had to be photographed in three large sections to fit on the microfilm.

84-84v

10 Mar. 1788

William Spurrier, Mayor (Poole)

M.A. Taylor

Letter from Spurrier on behalf of the traders of Poole in protest to the recent changes that were made governing the amount and type of trade with the USA. This letter is a little difficult to read as the script is a little faint and the bottom of page 84 is very dark.

86-86v

22 Mar. 1788

Newman and Roope

The Board of Trade

Petition of Newman and Roope, Merchants of Dartmouth carrying on the fishery on the banks and shores of NF. They request assistance in receiving a fishing bounty that is being denied them on a technicality. The ship in question is the Brothers, William Orchard, master of Dartmouth who came to Newfoundland in the 1787 fishing season.

88

17 June 1788

Custom House

Board of Trade

Report of the Custom House upon the petition of Newman and Roope, Merchants of Dartmouth carrying on the fishery on the banks and shores of the island of NF. They refuse to grant the bounty.

89-89

22 Mar. 1788

Newman and Roope

Board of Trade

This is a copy of the above letter of the same date

91-92v

Read, 15 Dec. 1787; Reconsidered, 26 Apr. 1788

A case stated upon the construction of the 14,15,16 sec. of an Act of 15 George III, c.31 [Palliser's Act]. Concerning a merchant who had suddenly become insolvent after he had possession of the year's catch of fish and oil. The case presented here is asking if he should be liable for the wages of the fishermen who caught this fish and if he is not found liable given his circumstances then the law should be changed as it was made to protect the fishermen and it has not.

93-93v

26 Apr. 1788

Council Chamber, Whitehall

Board of Trade

Letter concerning the abovementioned case and promising to investigate further into different sides of the issue.

95-95v

John Reeves

Letter concerning the abovementioned case. Mr. Reeves is the law clerk to the Privy Council and it is his opinion that the merchant involved is not liable to the fishermen's wages once the fish and such has been sold and is no longer in his possession as is the case in this instance.

97-97v

10 May 1788

R. P. Arden and A (H?) Macdonald

Privy Council, Whitehall

Report of the Attorney and Solicitors General upon the abovementioned case.

99

20 May 1788

John Elliott

Letter from Elliott confirming that he has received the letter and reports sent to him concerning the abovementioned case.

100-100v

21 Apr. 1788

John Elliott

Stephen Cottrell

Letter to The Board of Trade concerning the abovementioned case and confirming that Elliott has received all correspondence sent to him. Elliott also suspects that the merchant in question knew he was going under and did not tell the fishermen so that he could obtain their fish to pay his own debts. Elliott has taken the situation in hand and has reported that he will henceforth educate the fishermen in this particular law and let them know that they should endeavour to receive security of wages before handing over their catch.

103

26 Apr. 1788

John Elliott

Stephen Cottrell

Letter to the Board of Trade concerning a Mrs. Lillie, an American who has a fishing station in NF. Elliott has included a couple documents for the consideration of the Board to make a ruling as to whether or not she is competent enough to hold possession of any fishing conveniences in NF.

105-105v

5 Sept. 1787

John Lillie

John Elliott

[Enclosed with above] A letter from Mr. Lillie concerning a plantation in St. John's that has been leased and the tenant has not paid rent for several years and does not intend to stop using the premises when the lease expires. This is a letter written by John Lillie for his widowed mother, Mrs. Abigail (Lillie) Harris.

107

17 June 1788

R. P. Arden and A (H?) Macdonald

Board of Trade

[Enclosed with above] A report from the attorney and solicitors general stating that it is their decision that being an American, Mrs. (Lillie) Harris is not competent to hold possession of any fishing room or other conveniences for fishing on the island of NF.

109-110v

3 Sept 1783

[Enclosed with above] Article 3 of the definitive Treaty of Peace between His Majesty and the United States of America. Outlines the law behind the decision made by the Privy Council concerning Mrs. Harris.

113-113v

7 June 1788

John Gale

Stephen Cottrell

A letter transmitting another case to the Board concerning foreign citizens of NF who have been naturalized and an inquiry as to whether or not they can carry on a trade and fishery to the island of NF and in that case, it if is lawful for them to have upon the spot a person for their agent to represent them who is not a British subject.

115

4 May 1788

R. Routh

John Gale

[Enclosed with above] Copy of a letter from a customs collector to the commissioners of the customs office asking the question outlined above.

117-117v

25 July 1788

A (H?) Macdonald

Board of Trade

Report from the Attorney General upon the question outlined above.

119-119v

7 June 1788

John Gale

Stephen Cottrell

A letter from the Custom House transmitting a letter to the Board concerning the question outlined above.

120-120v

4 May 1788

R. Routh

John Gale

[Enclosed with above] A copy of the letter outlined above (p. 115) of the same date

123-123v

18 June 1788

Lord Sydney (Whitehall)

Lord President

A letter transmitting a draft of additional instructions to John Elliott, Governor of Newfoundland.

125-127

[Enc. with above] Draft of additional instructions to the Governor of NF concerning religious observances and laws.

129

19 June 1788

John Elliott

William Fawkener [Faulkner?]

A letter transmitting documents concerning the case of Mrs. Abigail Harris whose case is outlined on pp 105-105v.

131

25 Sept. 1788

John Brickwood

A letter outlining a situation that has developed with Bermudians fishing off NF and drying and curing their fish on NF shores. Gov. Elliott has begun to wonder if such actions are legal. There are documents inclosed addressing the subject. The document is difficult to read; the copy is dark and the original is damaged.

133-134

11 Aug 1788

William Hall Jr. and Seth Harvey

John Brickwood

A letter concerning some Bermudians who travel to NF to prosecute the cod fishery. Governor Elliott has given them permission to use the NF shoreline for this season, but he questions whether or not it is legal for them to do so. This document is very difficult to read at times because the script is quite small, the copy is dark and the original paper is damaged in places.

135-137

18 Sept. 1788

Anthony Stokes

Case on behalf of the Bermudian Fishers on the Banks of NF. For the opinions of Mr. Erskine and Mr. Stokes with copies of their opinions thereon. This document is confusing to read as well as the pages are copied in a strange manner with some done upside down.

138-139v

9 Oct. 1788

R.C. Reynolds (St. John's)

John Elliott

A report of the proceedings onboard HMS Echo since 24 June. Report of French leaving the Treaty Shore on time and mentions he can find no evidence of them wintering anywhere along their coast.

140-141v

25 Oct. 1788

John Elliott (St. John's)

Lord Sydney

Letter concerning Elliott's opinion of the Bermudian Fishers on the Banks of NF.

143-144

20 Aug. 1788

John Elliott

Governor of Bermuda

[Enclosed with above] A letter explaining that Bermudians are violating an Act of Parliament by fishing and drying their catch on the shores of NF.

145-147v

25 Oct. 1788

Jer. Coghlan

Memorial concerning Bermudian men who established a cod fishery at NF and the many different reasons why they should not be fishing off NF.

150v-155v

A comparative summary of the British Fishery in NF for the years 1786, 1787 and 1788. Includes the number of vessels from Bermuda in 1788

156v-158

A comparative summary of the French Fishery in NF for the years 1786, 1787 and 1788. Includes the number of French warships on the coast for each year.

161

24 Nov. 1788

Newman and Roope (Dartmouth)

Lords of the Customs House

A letter concerning a bounty that had been applied for concerning the NF fishery but never received; this is written as a re-application for the bounty. This case was originally presented by Newman and Roope on 22 Mar. 1788, and is recorded on pp 86-86v above.

163-164v

26 Nov. 1788

Various merchants of Poole, 19 signatures incl.

Board of Trade

Memorial of said merchants attempting to convince the Board that it is in their best interests to maintain communications with the USA, as well as Canada, so that should problems arise in one area, imports like food will still be accessible at a reasonable price.

165

A basic, written out account of the NF fishery for 1788

169-174

Detailed report of the French Fisheries within the limits assigned them upon the coast of the island of NF in the year 1788 visited by HMS Echo, R.C. Reynolds, commander. Reynolds remarks that the condition of the fishery is the reverse of what it had been the year before, with fishing conditions and availability reversed. He adds that he had greater difficulty getting any information concerning the French Fisheries this year than ever before. It seems the French Commodore had given his agent and masters of vessels orders that they were not to answer his questions. In the end, by one means or another, he generally got all the intelligence he wanted. Also lists the French warships on the coast that year. Experiment (50), commanded by Chevalier de Rivière, Vigilant (26) commander not listed, and Furet (10) commanded by Monsieur Mansville. He also includes a report of Native and Foreign Indians who visited various communities within the French Limits in 1788. Also included is a copy of a notice Reynolds posted at various ports on his route. It concerns an Act of Parliament that had been passed that year in which the British subjects that trade and fish in NF are ordered to not interfere with the French who are fishing on the shores of NF.

175

A Comparative State of the NF Fishery in 1786, 1787, 1788. This is a single page, fairly undetailed report.

177

25 Oct. 1788

John Elliot (St. John's)

A General return of the NF Fishery for the year 1788. Rear Admiral John Elliott, Governor. Lists detailed information for that year including amounts of fish caught, prices of fish, population figures, number of boats and the number of men employed; this is all given on an individual community basis. This document can be a little difficult to read as it is written over a two page spread and some of the script is quite faint.

178

Table of goods imported to NF from Oct. 1788 to Oct. 1789. Table shows port of importation, volume of shipping, nature and volume of commodities, and in general terms point of origin (ie, British Isles, Europe, West Indies, BNA, and USA)

179

5 Nov. 1789

Table of goods exported from NF from Oct. 1788 to Oct. 1789. Table shows port of exportation, volume of shipping, nature and volume of commodities, and in general terms the destination (ie, British Isles, Europe, West Indies, BNA, and USA)

179

5 Nov. 1789

Three tables relating to shipping built and used in NF. The first is an account of all vessels built in NF from Oct. 1788 to Oct. 1789. The second is an account of all vessels laid up in NF from fall 1788 to spring 1789. The third is an account of all British vessels employed in 1789 in the fishing upon the Grand Bank of NF.

180

Table of goods exported from NF from Oct. 1789 to Oct. 1790. Table shows port of exportation, volume of shipping, nature and volume of commodities, and in general terms the destination (ie, British Isles, Europe, West Indies, BNA, and USA).

180

Three tables relating to shipping built and used in NF. The first is an account of all vessels built at Newfoundland from Oct. 1789 to Oct. 1790. The second is an account of all vessels laid up in NF from Oct. 1789 to May 1790. The third is an account of all British vessels that were employed in 1790 in fishing upon the Grand Bank from specific ports of NF.

181

Tables outlining the imports and exports of NF, as well as tables relating the shipping built and used in NF, all for the period of Oct. 1788 to Oct 1789. These tables are exact copies of those on pp. 178-179 above. They are very neatly transcribed and easy to read.

182

9 Jan. 1789

Lord Sydney (Whitehall)

Board of Trade

A cover letter transmitting to the Board a letter and memorial from Elliot asking permission for additional Public Houses to be built in St. John's. This a request on behalf of the principal merchants of St. John's.

184

4 Dec. 1788

John Elliot (London)

Lord Sydney

[Enc. with above] A letter transmitting a memorial from the principal merchants of St. John's asking for an additional number of Public Houses as the present number cannot accommodate those who use them now. Elliot also expresses frustration at not being able to make such a decision himself as the power is not his by the 9^th article of His Majesty's Instructions to the Governor.

186-187

Principal Merchants of St. John's, 22 signatures.

John Elliot, Governor of NF

[Enc. with above] Memorial of said merchants who ask to have twelve Public Houses added to the number already present in St. John's.

188-190

2 Mar. 1789

Paper showing the advantages that would arise to the NF trade by the establishment of packets to sail for NF from the port of Poole on Dartmouth. Packets are mail ships that would make regular voyages from England to various ports of NF, Gulf of St. Lawrence, Nova Scotia and Quebec and then back to England for the express purpose of carrying mail.

192-204

10 Mar. 1789

Anthony Todd, Secretary of the General Post Office

Stephen Cottrell

Respecting the establishment of Packets for NF and other places and for Quebec. A full investigation of the feasibility of the establishment of such a system. There are six appendices attached to the letter that are referenced within the letter as evidence for the case.

206-206v

29 April 1789

Customs House

Stephen Cottrell

Letter to the Board requesting that they review the case of merchants of Dartmouth who requested bounties for fish caught but were denied. This is a report that the requested, but previously denied bounty is to be paid to the merchants.

207-207v

9 April 1789

Merchants of Dartmouth. Signed by 13 individuals

The Board of Trade

[Enclosed with above] Memorial to the Board reminding them that a bounty has been awarded to them but has not yet been paid and has been due for the last three months.

210-210v

29 April 1789

Stephen Cottrell, secretary of the Board of Trade

Draft of Commission and Instructions for Mark Milbanke to become governor of Newfoundland has been drawn up and are hereby submitted to the Board for approval.

211-212v

17 April 1789

Lord Sydney, Whitehall

Lord President

[Enclosed with above] A letter recommending Mark Milbanke to be governor of Newfoundland, also instructions for a draft of commission and instructions to be drawn up for him. Added to Milbanke's powers will be the granting of licences for the operation of public houses in St. John's, which are not to exceed twenty-four in number. Milbanke is also to improve the way and amount of information calculated from the French treaty shore fishery each year.

214-219

22 May 1789

Written by Lord Sydney under His Majesty's Command

Order of the King, commissioning Mark Milbanke as Governor of Newfoundland and all other areas that fall under that jurisdiction. Outlines all powers and privileges that the office of Governor carries for him.

220-221

23 May 1789

Richard Routh, (London)

Lord Hawkesbury

A letter from Routh explaining why the fishery and trade in Newfoundland has been poor lately. His reasons include more "adventurers" going to NF and taking part in the trade and fishery. As well, the demand for fish at NF is greater due to a greater population who have been able to obtain a better price elsewhere, as well, he places part of the blame on a particularly bad summer and the weather was not conducive to drying fish properly.

222-222v

3 Oct. 1789

George Gibbs, (Fermeuse)

Jacob Walter, C.O., HMS Rose

Letter asking for more of a government or judicial presence in his harbour to keep the population in line and to address the situation of the large amount of "accidents" occurring with the boats and such being damaged on the rocks. As well he states that there are many such little injuries to the fishery that occur every day that would be well addressed by an increased presence in the harbour.

224-225v

13 Oct. 1789

M. Milbanke, also signed by A. Graham

Proclamation issued by Milbanke for preventing the erection of buildings except such as are necessary for the carrying on of the fishery in the Town of St. John's. Any persons wanting to build any structures other than fishing structures must obtain permission from the governor in writing before doing so.

226-226v

13 Oct. 1789

M. Milbanke, also signed by A. Graham (St. John's)

Proclamation issued by Milbanke against Dieters. Dieters are vagrant fishermen who do not have a place of their own in St. John's and do not want to return to Great Britain or Ireland. These men are accused of all sorts of vandalism and the like that occurs throughout the winter.

228

27 Nov. 1789

M. Milbanke, (London)

William Fawkener

Cover letter transmitting the returns of the British and French NF fisheries for 1789.

230

Mark Milbanke

An account of the French fisheries carried on upon the Coast of the Island of NF and at St. Pierre and Miquelon together with the State of those two Islands and the number and force of the ships of war stationed thereat in the year 1789. This is not a very detailed account as previous ones have been. The entire French Shore between Cape St. John and Cape Ray is combined into one single category. Also mentions that Captain Drew of HMS Echo carried out the survey.

232

8 Dec. 1789

Mark Milbanke

William Fawkner

Cover letter transmitting a letter and copies of papers pertaining to a dispute which happened this year between a British Captain and a French Commandant.

233-233v

20 Sept. 1789

Mark Milbanke, (St. John's)

Mr. Grenville, Secretary of State

Letter transmitting papers concerning a dispute between Captain Drew of the Echo and a French Commandant.

234-234v

13 Sept. 1789

Capt. James Drew of HMS Echo (Trinity Harbour)

Mark Milbanke, Governor of NF

[Enclosed with above] Letter outlining the nature of the dispute between the two parties. The French captain had been carrying out an unlawful salmon fishery in the Humber River and Drew ordered him to cease his activities. The French captain refused to remove his nets until the day he was scheduled to sail, therefore Drew detained the nets. As well, he confiscated a spar from the ship that had been cut in NF that had not been cut for the purpose of making repairs in any fashion.

235-236

13 Sept. 1789

Capt. Drew, HMS Echo (Trinity)

Gov. Milbanke

[Enclosed with above] Letter outlining a meeting between Capt. Drew and two French ships in Croak [Croque]. There were difficulties between the two parties because upon entering the harbour Drew found the French vessels to be very polite until he said that he was staying for a while. They then became very agitated and wanted him to leave, even threatening to fire on his ship if he did not leave. The French Commodore did not make good on this threat. Drew believed he made such actions because Drew acted in a judicial manner and seized the nets of the fisherman in the Humber River. Drew makes a note that it was this very ship that had acted in a judicial manner and tried to order an English subject to leave St. Georges Bay.

236v-237

9 Sept. 1789

Chevalier de Vangirand, on board La Graçieuse (Crocq [Croque])

[Enclosed with above] Excerpt from a letter of instructions for Commandant Chevalier de Vangirand, Commander in Chief of the French Naval Forces in St. Pierre, Miquelon, and NF from King of France. The document is enclosed with the letter directly above and is in both French and English. The document states that he will watch all English ships patrolling the waters of the French Shore and will be sure to not allow them to act like they have jurisdiction over French ships during the fishing season.

237v

12 Oct. 1789

Capt. Drew of HMS Echo (St. John's)

Gov. Milbanke

[Enclosed with above] Letter recounting part of the conversation Capt. Drew had with Commander de Vangirand concerning fishing limits for the French up NF rivers. Com. De Vangirand insisted upon three leagues up the Rivers as the limit, and emphasized that five leagues up the Humber River from its official starting point (South Point) is nothing more than an arm of the sea.

240A-240Av

14 Dec. 1789

De Mieue (?) and Christin (22 College Hill)

A house in Spain transmitting its wishes to obtain a cargo of large fish in the next season and is enquiring about the best way to transport it across the Atlantic on Spanish ships.

241v-248

Capt. Drew

An account of the British and French NF fisheries for 1789, not very detailed.

250-251

15 Dec. 1789

Alpheus Avery, by Johnathan Jarratt Jr. his agent (Water Lane, Thames Street)

Lord Hawkesbury

Letter to Hawkesbury concerning the NF whale fishery on behalf of Mr. Avery. He outlines that he is one of very few people who take part in the NF whale fishery and so thought that he would receive the bounty for it. He has found out that he cannot be eligible based on an unintentional error. He is asking that Hawkesbury plead his case on his behalf asking that he might receive the bounty and thereby be able to take care of himself as he has had a lot of hardship lately and is in a very bad financial position.

252-253

[Enclosed with above] Petition of Mr. Alpheus Avery as outlined above.

254-262v

Gov. Milbanke and Mr Graham, secretary

The Committee

Description of the various courts of NF, Criminal, Civil, and Vice Admiralty. Outlines exactly how each one runs, where it gets its powers, what it does, when it meets, etc. As well, three documents are appended, numbered one through three, each are referenced within the descriptions of the courts. The first is a letter appointing seven men to have the powers of commissioner to hear and determine all criminal cases (treason excepted). The second is a letter from John Elliot, former governor of NF in which he appoints Justices of the peace for the island of NF. The third is a copy of court proceedings in NF concerning a family dispute over the powers of executor of the will of William Keen.

263

Tables showing NF imports for the year 1789-1790. Individual items are listed as well the individual ports of importation and the ports of origin.

264

General return of the NF fishery for 1789 under Gov. Milbanke. This is a very detailed account of the fishery.

265

12 Jan. 1790

William Newman

Board of Trade

Petition of Mr. Newman of Dartmouth asking for a license for his ship to import bread and flour from the United States into NF.

267

13 Jan. 1790

M(?). Taylor (Bath)

Letter asking that the inclosed memorial be passed on to the Committee of Privy Council.

268-268v

8 Jan. 1790

Various Merchants of Poole, (13 signatures)

Board of Trade

Memorial asking that the act that had been passed to allow communication between the Island of NF and the United States be allowed to continue.

271-271v

29 Jan. 1790

Merchants of Dartmouth associated with NF(7 signatures)

Board of Trade

Petition asking that the importation of Bread and Flour from the United States to NF be allowed to continue.

273

11 Feb. 1790

Mark Milbanke, Gov. of NF (London)

William Fawkener

Letter signifying that Milbanke will take the earliest opportunity of replying to the memorial of the merchants of Dartmouth respecting the establishment of a Court of Common Pleas in NF and inclosing a report on that subject.

275-302v

Gov. Milbanke

Board of Trade

[Enclosed with above] Report upon the Judicature of the island of NF

304-317v

11 Feb. 1790

Gov. Milbanke

[Enclosed with above] Appendix to Governor Milbanke's Report of NF 1789. This appendix is made up of many letters and documents. The first collection is referred to in page one of the preceding report. Concerns the Newman and Roope case mentioned on pp 86-86v, 88, and 161 above. The second collection is referred to in page 2 of the report. Concerns the appointment of Edward Pellew (Capt., HMS Winchelsea) as Deputy Surrogate by John Elliott, dated 10 Aug. 1786 and includes his instructions in this position. The third collection is referred to in page 3 of the report. Concerns the appointment of Jacob Waller as a Judge of NF. The fourth document is referred to on page 4 of the report. Concerns the NF Court of Common Pleas and a case that was heard in said court on 21 Sept. 1789. The fifth document is referred to on page 29 of the report. Declaration upon Oath of George Budden concerning a case he is involved in. The sixth document is referred to on page 34 of the report. This is a proclamation concerning the unlawful erection of buildings and the harbouring of dieters within private homes. These same issues are treated on pp 224-226v as outlined above.

319-326

20 Feb. 1790

Gov. Milbanke

William Fawkener

Milbanke is answering several questions on behalf of merchants and traders of Dartmouth, Exeter, Topsham and Teignmouth concerning the NF fishery and the establishment of a Court of Common Pleas in NF.

327

27 Jan. 1790

Merchants and traders of Dartmouth

Board of Trade

Memorial protesting the formation of a Court of Common Pleas in NF. This document is quite difficult to read as the original paper is damaged and a two inch space on the right hand side of the document is very dark.

328

J Waller

Proclamation of regulations for the fishery and the registration of all vessels fishing in NF. Also outlines the penalty of not complying with the said regulation. As well, mentions that no building is to be erected in the district without Waller's permission.

329-329v

Rec= d and read 17 Feb. 1790

Merchants and Traders

Board of Trade

Memorial of Traders and Merchants of Exeter, Topsham, and Teignmouth that deal with NF. Forty signatures are included on the document. Protesting the formation of the Court of Common Pleas in NF and is blaming it as a factor in hastening the destruction of the NF fishery.

331-332

Rec= d 5 Feb 1790

Merchants and Traders

Board of Trade

Memorial of Traders and Merchants of Dartmouth that deal with NF. There are at least 64 signatures on this document, it is difficult to read the very bottom of the pages as they are damaged. Written for the same reason as that outlined in the memorial above from the merchants of Exeter, Topsham, and Teignmouth.

333-334

4 May 1790

A. (H?) Macdonald

Board of Trade

Report of the Attorney and Solicitor General [Macdonald] upon the questions referred to them on the 27 March 1790 relating to the Establishment of a Court of Common Pleas by Gov. Milbanke in the Island of NF.

335-341

10 May 1790

Board of Trade

The King

Letter addressing the issue presented by the abovementioned merchants concerning the establishment of a Court of Common Pleas in NF.

343

26 May 1790

Steele, (Treasury Chambers)

Club of the Council in Waiting

Letter from the secretary of the Treasury transmitting a copy of the Return of the Collector and Comptroller of the Customs at NF to the petition of the Merchants of Dartmouth.

345-351

Richard Routh, Collector; D'Ewes Coke, Comptroller

Copy of the Return of the Collectory and comptroller of the Customs at NF to the Bords order of reference on the Petition of the merchants of Darthmouth, etc., transmitted in Mr. Steele's letter of the 3 Feb. 1790

352-353

18 June 1790

Mark Milbanke, (No. 5 Upper Wimpole Street)

Lord Hawkesbury

Gov. Milbanke is requesting approval for his decision to appoint certain men to hold judicial powers in NF.

355v-359v

Account of NF British fishery for 1790, not very detailed.

362

George Chalmers

A comparative state of the British fishery in NF for the years 1763, 1764, 1773, 1774 and from the year 1784 to the year 1790 inclusive.

363

31 Oct. 1790

Mark Milbanke

A general return of the British fishery in NF for the year 1790. A very detailed account, also compares information with the previous year.

364-364v

30 Jan. 1791

Richard Routh (Poole)

Lord Hawkesbury

A letter thanking Hawkesbury for the letter he had previously sent. Routh expressing the desire to come and see him once he (Routh) has sufficiently recovered from his attack of gout.

366

2 Feb. 1791

Possibly Milbanke

William Fawkener

Cover letter transmitting Mr. Newman's memorial to the Board of Trade. Sending regrets that there is nothing the sender can do about the situation

368-369

16 Jan. 1791

William Newman (Dartmouth)

Board of Trade

Memorial of William Newman stating that a bill of exchange had been drawn upon him by his agent at NF which he accepted and afterwards refused to pay, on account of its not being properly indorsed, and upon refusal of indemnification, in case the second bill of exchange should be brought for payment with a regular indorsement that after the usual steps had been taken, application was then made by the holder of the said bill, to the Court of Common Pleas in NF by whose proceedings and judgement (copies of which judgement and notary's protest are annexed) the credit of the memorialist has greatly suffered and praying relief

370-371v

[Enclosed with above] Various legal papers dealing with Mr. Newman's case

373

5 Feb. 1791

Merchants of Poole

Board of Trade

Memorial of the Merchants of Poole carrying on a Trade and Fishery at the Island of NF praying a continuance of the communication between the Island of NF and the United States of America for the purpose of importing bread, flour, etc. The document has 21 signatures on it.

374-375

9 Feb. 1791

Richard Routh (Poole)

William Fawkener

Letter representing that the provision made in the 13^th section of the 28^th Geo. 3^rd C. 6 is inadequate to the supply of NF with bread, flour, livestock and Indian corn.

376-376v

26 April 1791

Grenville (Whitehall)

The Board of Trade

Grenville is transmitting a letter from Milbanke concerning the great inconvenience he experienced last year by sailing for NF without the Charter for erecting a Court of Civil Jurisdiction in that Island.

377

6 April 1791

M. Milbanke

Grenville

[Enclosed with above] Contents outlined above. Milbanke reminding that the first ship is due to leave within the month so he needs a response ASAP

380

22 Nov. 1792

Arch Buchanan

A Table showing shipping and trade outwards from NF for the year of Oct 1791 to Oct. 1792. Includes itemized list of what left, where it left from and where it went. There are also tables showing an account of the vessels built at NF of the same time period, vessels laid up unemployed at NF from the end of the season 1791 to the beginning of the season in 1792. Also an account of vessels employed in fishing on the Grand Bank of NF during the season of 1792.

381

22 Nov. 1792

Arch Buchanan

Tables showing the importation of goods in NF. Includes what good came in, what ports they went to and from what port they came.

382

31 Oct. 1791

James Drew, Mark Milbanke

Report of the French Fisheries upon the Coast of NF, in the year 1791, visited by HMS Fly, James Drew, commander. It is noted that this season was a "very bad" season and they all say they will be ruined.

383

31 Oct. 1791

Mark Milbanke

A general return of the British NF fishery for the year 1791 under Gov. Milbanke. This is a very detailed account of the fishery. Also compares the grand totals of this year with the grand totals of the two previous years.

384-384v

9 Feb. 1792

A. [S?]par[h?]am

A letter to a person trying to locate the whereabouts of Mr. Buchanan.

386

24 Nov. 1792

R. King

Henry Dundas, Secretary of State

A letter transmitting the state of the fishery and inhabitants of the Island of NF.

388

Report of the French Fisheries upon the Coast of NF in the year 1792, visited by HMS Echo, commanded by Charles Jones. A very detailed account of the French fishery for this year. Mentions that this has been a very bad season..

389

1792

R. King

Report of the Whale Fishery in the Straits of Belle Isle, Gulf of St. Lawrence, and of the seal, salmon, and cod fisheries upon the Coast of Labrador in the year 1792. Mentions the names of the men involved and where they were stationed. Report gathered by Commander Charles Jones of HMS Echo.

390-393

Merchants of Dartmouth

House of Commons

Petition of the Merchants and others concerned in the NF trade and fishery resident in and near the port of Dartmouth in the county of Devon. The merchants are concerned with the value of the fishery as it is declining and in the quality of the fish that is produced.

394-394v

6 Feb. 1793

Richard Routh (London)

Lord Hawkesbury

A letter on behalf of those fishermen in NF who are having difficulties with their fisheries and have also been deprived of their fees.

396-399v

Richard Routh

[Enclosed with above] Document concerning the customs house in NF and the necessity of having it in place. As well, addresses the necessity of have set fees in place and have them enforced on a regular basis. Also outlines the history of difficulties that customs officials have endured since the customs house opened.

400-400v

[Enclosed with above] Clause of an Act proposed for the purpose of explaining what the customs officers are entitled to concerning fees.

402-408

6 Feb. 1793

Richard Routh

Lord Hawkesbury

Mr. Routh's observations on Mr. Reeves' report. Makes various comments on topics such as Justices of the Peace, Surrogates, Justices of the Peace engaged in the Fishery, Settling time, Salaries to Justices, Clergymen, Duty on Rum, Debt of the District of St. John's, Quit Rents, Titles to Land, Ships Rooms, Passage Money, Indians , and the Labrador Coast.

409

10 Feb. 1793

R. King

Board of Trade

Cover letter transmitting letters addressed to King as governor to the Board for their information.

410-410v

5 Feb. 1793

Merchants and Traders

[Enclosed with above] Letter from the merchants and traders of Teignmouth concerning the customs house established at NF.

411-411v

19 Jan. 1793

Sir Richard King (Bellevue)

[Enclosed with above] Letter of thanks for representation to government of the great hardships and distress which trade and fishery labour are under.

415

16 Feb. 1793

R. King (Bellevue near Southampton)

Board of Trade

Cover letter transmitting an extract of a letter from a Justice of the Peace in St. John's NF.

416-417v

6 Jan. 1793

Jonathan Ogden (St. John's)

Sir R. King, Governor of NF

[Enclosed with above] Extract of a letter from Jonathan Ogden, one of His Majesty's magistrates for the District of St. John's NF. concerning some provisions for the public expenses of the Court of Justices.

419

22 Feb. 1793

William Morice [Morris (?)] Secretary

Board of Trade

Letter sent on behalf of missionaries of the Society for the Propagation of the Gospel in Foreign Parts based in St. John's. Transmitting a letter on their behalf, complaining of abuses of marriages by the Roman Catholic Priests in St. John's.

420

4 Jan. 1793

Rev. John Harries

Board of Trade

[Enclosed with above] Extract of a letter from a missionary of the Society for the Propagation of the Gospel in Foreign Parts who is based in St. John's. Complaint is outlined above. Priests are performing ceremonies for people who are otherwise turned away by all other clergy in the area for legitimate reasons such as age (too young, age 12 listed here), or one party is already married elsewhere.

423

2 Dec. 1793

R. King

Board of Trade

Cover letter introducing a report of the state of the NF fishery for 1793.

425

Detailed return of the British NF fishery for the year 1793.

426

4 Dec. 1793

Arch Buchanan, (St. John's)

Cover letter introducing the statements of shipping and trade of NF, both imports and exports.

428

Arch Buchanan

Tables of shipping and trade inwards at NF from 10 Oct. 1792 to 10 Oct. 1793. Lists individual items, which ports they went to and where they came from

429

Tables of shipping and trade outwards from NF from 10 Oct. 1792 to 10 Oct. 1793. Lists individual items, what ports they came from and what ports they went to. Also table of vessels built at NF in same time period as above. As well, a table of vessels laid up at NF from the end of the fishing season 1792 to the beginning of the season 1793. Another table gives an account of British vessels which were employed in Fishing on the Grand Banks. Lists port of origin (in NF), the size (tonnage) and the complement (crew size).

End of volume