Chapter V: Part II: Sidenote: PART II (2)

“But whatever redress the corrupt administration of the admirals is capable of, another great disadvantage, which the fishery labors under, proceeds from the country being, during its long winter, without the least form of government or order. It is my humble opinion, that it would be of considerable service to it, if some of the inhabitants were intrusted with commissions of the peace for the administration of justice during that season[38].”

Another writes—“I flattered myself that as there was no garrison here (namely at _St. John’s_) to terrify or interfere, I should find a stricter obedience to the laws and regulations that had been made for the government of the place; and that proper regard was shewn to the authority vested by law in the fishing admirals; but on the contrary I find, that through the ignorance of some, and negligence of more, for some years past, they have been so slighted, that unless the captains of the men of war are present to assist and countenance them at their courts, their meetings would be nothing but confusion, and their orders of no use, which is the reason we are obliged _to usurp_ power, which, I apprehend, does not properly belong to us, of publishing orders in our own names; to prevent, as much as we can, the threats, the rioting, and disorders, which, to the great detriment of the fishery, are generally practised in our absence.”

“The great misfortune, and which I think is the origin of all the rest that attend this country, is, that no body in the winter season is empowered to keep peace, and administer justice; that the sober and industrious are every day liable to be insulted and robbed by the idle and profligate, unless they can oppose them with greater force. In the _heads of inquiry_ from the lords commissioners for trade and plantations, there is an article which directs, the names of the persons to be returned them, who administered justice during the last winter; but I cannot find that we are any where authorized so to empower proper persons upon leaving the country; which is so well known by every body, that were we to pretend to appoint any body, not the least regard would be shewn them.”

Speaking of _Placentia_, and the part surrendered by the French at the treaty of _Utrecht_; he says,—“Before the arrival of the men of war, they are threatened and intimidated into a compliance with whatever is required of them; the admiral’s powers are contemned; their court represented as ridiculous and invalid, and of course, no justice to be had. But as this has been already represented by petition from the masters of ships, and other methods, I will not take up your time by enumerating more particulars, which would only be a repetition of what is already sufficiently known to their lordships. Although I could not settle every thing in the order it ought to be, I endeavoured to do all I could; and as I found the regard to the fishing admirals so mightily diminished, as made me justly apprehend, orders from them would be but negligently obeyed, I therefore gave out in my name, such as I found absolutely necessary, the copies of which I have herewith sent; and have also entered them in a book, which I have left sealed up with one of the principal inhabitants, to be delivered to the next officer that shall come after me, that he may know what I did, and my reasons for so doing. I beg leave to say, that if such a register of the proceedings of every officer had been kept ever since we had possession of the place, it would not be so difficult to decide every one’s property; which really, as things were, I could not pretend to do, without running a risk of doing injustice.”

“I found disputes had been very differently decided; sometimes according to the laws and customs that were in force in the time of the French, and sometimes according to those observed in the other parts of Newfoundland. For no new act having passed since the acquisition of the place, and no certain rules presented by _the heads of inquiry_ from the lords of trade, every one has decided as he thought proper[39].”

Another says, “there is another great occasion of disorder, which always stores up large stock of complaints, to perplex us upon our arrival—the neglect of deputing some body to maintain order in the winter, or the want of power rather to depute some body for that purpose; so that the winter season is a sort of respite from all observance of law or government. At that time, theft, murder, rapes, or disorders of any kind whatsoever, may be committed, and most of them are committed without controul, and time enough given for the offender to make off: for should any one concern himself to secure the party, his design would be withstood, as an usurped authority; and most would take part with the offender, to suppress the usurpation, without regard what became of the criminal, or what may be the consequence of the crime; and I have been acquainted with some cases of this kind: so that there seems an absolute necessity, that this particular should be provided for, that people may always have somebody to apply to for justice; that somebody may always be at hand to suppress disorder and riot, and to have a lawful power to command the assistance of his majesty’s subjects in the execution of a duty exercised for the public good. _St. John’s_ is the metropolis of the island, and the discipline which is kept up there, whether bad or good, will have a great influence upon all the rest of the harbours. If good order could be established here, it might easily be effected in all other places; and I do not know any thing that tends more to confusion, and proves more prejudicial to the fishery, than that irregularity.”

After having spoken of the oppression from debts, the imposition in prices, the seizing for payment, and the like, he goes on—“It is likewise necessary to acquaint their lordships, that although it is reasonable for them to believe, that the authority given by the statute to the admirals of harbours, is sufficient to secure them peace and quietness, and to prevent any disturbances that may happen, to the detriment of the fishery, yet the experience of any one that has but once known this trade, will affirm, that was it not for the yearly expectation of a ship of war coming among them, the power of their admirals would be of little regard; so that one may modestly affirm, they only commence regulation upon the arrival of any of his majesty’s ships, and lay it down the moment they are gone; upon which account several go and come with the trade, which charge, I believe, they would gladly be freed from, could they be secure of good order in the winter[40].”

Another writes, “I have made it my particular care to inform myself about the government, _that_ being the material and only thing wanting: for without that there is nothing; and with that, I mean a good government, there would be every thing—it would give a new life and spirit to every thing; for then every man would know his own, and no more; every one would know his master, and obey; and every one would know his servant, and no more; every servant would do his master’s work, and every master would pay his servants’ wages without fraud; he would know his own pile of fish, his boat, his stage, his nets, &c. But on the foot it is now on, he that happens to be the strongest, knows every thing to be his own, and the weakest knows nothing, or had as good as know nothing, except in that little interval of time when his majesty’s ship, or ships, happen to be there; and very often the aggressor absconds, runs into the woods, and flies from justice, until the ships are gone; and then down he comes, and reigns lord again. This has been done by a great many, but especially by one _Ford_, who had a power left him by a commander of one of his majesty’s ships to be governor of _Petty Harbour_. I have seen, and heard so very much of this, that I faithfully believe, and I have done myself the honour in two letters to my lords of trade, to acquaint them, as I here do, that no man living in the country of Newfoundland is fit to govern. For the set of people that live here, are those that cannot live in Great Britain, or any where else, but in a place without government; and it is my opinion, without there is a _governor_, a man of honour and justice sent to Newfoundland, I mean a _civil governor_, that shall not reside altogether at one place, but must have a sloop, or some embarkation, to transport him from cove to cove, and set order and rule amongst them, the fishery and trade to that place must fall in a little time.”

“I have given out several orders for the admirals, and the oldest masters and planters to survey the stages and cook-rooms, &c. to know what belong to ship-rooms, and what was boat-rooms; and their report to me was, that they had not been surveyed so long, that there was none, either admirals, masters, or inhabitants, knew one from another; which was the best, and all that I could get on that head[41].”

Again—“for the most part the admirals are for their own private benefit, and not the public good, in general; they have some privileges more than the others, and especially in collecting their debts due to themselves, and very little else is minded of the act of parliament, relating to the admirals of the harbours, if they are not compelled by the commanders of his majesty’s ships of war, and all this is for want of a governor on the spot. The admirals determine differences, and very often they appeal to the commanders of his majesty’s ships for a final determination; but stand by that no longer than while the captain is on the spot[42].”

Another writes, “I had several complaints from the inhabitants and others, of injustice done them by the _admirals_, _vice-admirals_, &c. of their taking their fish off the rocks before cured, and other goods, for debts by them contracted, without any law or justice, which has been a common thing amongst them; so that they wholly ruin the fishery, for the planters have nothing to work with next year. These things are done by masters of ships, when the admiral has been in harbour, without his order. By this irregular proceeding the strongest man gets all, and the rest of the creditors nothing; so that the next year a planter is forced to hire himself out for a servant.”

Again—“as for the people complaining to admirals of any injustice done them by others, I do not find that any master of a ship values him, but the strongest side takes away every thing by force[43]”.

Another writes, “the admirals prove generally the greatest knaves, and do most prejudice, being both judge and party, in hearing suits for debt; and when they have saved themselves, then they will do justice to others: so it would be requisite to have a civil government, and persons appointed to administer justice in the most populous and frequented places, that they may be governed as Britons, and not live like a banditti or forsaken people, without law or gospel, having no means of religion, there being but one clergyman in all the country[44].”

While the king’s officers, and persons employed and trusted by the government, were making such uniform complaints of the abuses and disorders in the government of Newfoundland, the merchants adventurers seem to have been wholly blind to these irregularities. In several representations and memorials from them, sent in consequence of letters from the board of trade, written in the year 1715, there are complaints of grievances, but those were quite of a different sort; and if _they_ were removed, they appear to have been wholly unconcerned as to the continuance of those we have just been recounting.

[Sidenote: Complaints from the Merchants.]

They complain of the great quantities of liquor and tobacco, which had paid no duty, and were imported by the _New England-men_, whereby the fishermen were debauched, and the fishery generally hindered; that the New England ships enticed away the seamen, and were encouraged thereto by a premium of forty shillings per head, given by the government of New England for bringing seamen and fishermen. They prayed that all import of liquor and tobacco, except from Great Britain, should be prohibited, and the articles forfeited; and that the fishing admirals should have power to seize, and to have half the forfeiture.

They prayed, that all store-houses, &c. built by planters since 1685, in the front of fishing ships’ rooms, towards the water, should be declared by act of parliament to belong to the ship to which the fishing room belonged—this to be enforced by forfeitures, to be levied by the fishing admirals. For better preservation of store-houses, cook-rooms, stages, &c. &c. they prayed that the fishing admirals, at the end of the season, should inspect them all, and depute some honest and best inhabitant of the harbour, to take care that no one presumed to demolish or injure them; and that such person so deputed should receive twenty shillings from the fishing ship which occupied it next season.

They propose some strict regulations, to prevent aliens and strangers sending out ships as English owned; with a power to the fishing admirals to administer an oath to the masters of ships, as to the ownership; and to seize, as forfeited, all foreign ships; half the forfeiture to go to the person seizing.

They complain, that the French parts were not so open for fishing ships to get rooms as they should be, _Governor Moody_ and others pretending to have bought the French plantations; that the governor had permitted French ships to come, and had taken all power out of the hands of the fishing admirals.

In order that the poor labouring fishermen might not suffer oppression and disturbance from any military, or public officer, soldier, they desired, that no military person, on any pretence whatsoever, should intermeddle with the fishery or fishermen, inhabitants, or others; nor should let the soldiers out to hire, nor keep suttling houses, nor have, for their private use, any house out of the lines of the fortification, or any gardens that have served, or may serve, for fishing rooms, according to the judgment of the fishing admirals of the harbour.

And because the commodores of late years had taken upon them to keep courts, and send warrants to several remote harbours, for commanders of fishing ships, in the height of the season, upon frivolous complaints of idle and debauched men, and others, without the complaint being first heard by the fishing admirals, according to act of parliament, to the great prejudice of the fishery—they prayed, that the commodore might not in future be permitted to do the like; that all complaints might be decided by the fishing admirals, and that no commodore should presume to intermeddle with debts between merchants, masters, planters, and fishermen, as they had lately done, to the great prejudice of the merchants. They pray, that the ships of war, which were there to project the trade, might be obliged to come or send assistance, in case of piracy or mutiny in any of the harbours.

They pray, that none should retail liquors to fishermen, or persons concerned in the fishery, but only to their own servants; that goods, the produce or manufacture of Great Britain, might be exported duty free, for the benefit of the fishery; that all oil, blubber, furs, and fish, taken or made in Newfoundland by British subjects, might be imported duty free, and that Mediterranean passes for the ships carrying fish might be given gratis.

They pray, that fishermen should be obliged to fish till the last day of August, if required by their masters. The usual day had been the 20th of August; but the fish now came later. That fishing admirals should have power to give corporal punishment to all persons, of what degree soever, who profaned the Lord’s-day, and all common drunkards, swearers, and lewd persons; that a sufficient number of ministers should be sent to the principal harbours, to instruct the inhabitants; and that they might be paid from England, the country being very poor[45].

Others represented, that it would be proper to add penalties to stat. 10 and 11 Will. 3.; that masters of ships should give bond to bring back such persons as they carried out; or, if they went to a foreign market, to procure others to do it; that bye boat-keepers should give bond to return and bring back all their servants and hired men, with the like proviso, in case of going to a foreign market; that masters coming from any place but Great Britain, should give bond not to take away any fishermen or seamen—the penalty to be fixed by the fishing admirals; that seamen, or fishermen, who refused to return home, should forfeit all their wages; that no master of a ship, bye boat-keeper, or other person, going or trading to Newfoundland, should give credit to any servant or fisherman to more than forty shillings; nor any other person selling liquor to more than five shillings; that a debenture, or bounty, be allowed on all beef and pork, as if exported for sale; and also for all bread, flour, and malt, that should be shipped off in fishing ships bound for Newfoundland[46]. To these particulars were added the same complaints about foreigners interloping in the fishery, as in the former memorials. The mayor of Plymouth, in answer to the same sort of letter from the board, says, that the merchants had no other complaint to make than the encroachments of foreigners[47].

Such were the representations made by the officers of the crown on one hand, and by the merchants on the other, respecting the trade and government of the island. I have delivered them in their own words, and the reader will decide between them.