History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fisheryReeves, John
History
History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fishery
Reeves, John
Fisheries -- Newfoundland and Labrador -- Newfoundland, Island of; Newfoundland, Island of (N.L.) -- Politics and government
The parts that had been surrendered by the French, occasioned in various
ways great contest and discontent. We have before seen, that it was the
opinion of the board, that those parts fell under all the regulations
of the stat. 10 and 11 Will. 3.; and this was confirmed by the opinion
of the law officers. Another difficulty arose, in consequence of an
agreement made by the Queen with the king of France, which went beyond
the terms of the treaty of Utrecht. The French were by the treaty
allowed to remain and enjoy their estates and settlements, provided
they qualified themselves to be subjects of Great Britain—those who
would not do this, had leave to go elsewhere; and take with them their
_moveable_ effects. _Queen Anne_, in consideration of the king of France
releasing a number of protestant slaves out of the gallies, permitted the
French inhabitants of _Placentia_, who were not willing to become her
subjects, to sell their _houses_ and _lands_ there. It became therefore
a _question_, whether this permission of the queen was valid, so as to
dispose of _lands_ which came to the crown by treaty. This point was
submitted to _Mr. West_, counsel to the board of trade, for his opinion;
and it was material to settle it, because many British subjects had
purchased such lands from the French inhabitants.
His answer was, that the queen could not by her letter dispose of lands
granted to the crown by treaty; but if she entered into any regular
agreement with the court of France for that purpose, she was, by the
law of nations, engaged to do every thing in her power to enable the
French to have the benefit of it; which might be done by her confirming
titles to such of her subjects as should pay the French a confederation
in money, or otherwise, for their lands or houses[28]. Many such lands
purchased by _Governor Moody_, having been used for fortifications, the
board recommended compensation to be made him by the crown.
But when this question was so answered, what became of the right to
ships’ rooms, as established by stat. 10 and 11 Will. 3. which statute
was held to apply to the French parts now ceded, as well as to the other?
_Placentia_ being the best part for fishing, the English complained
they were deprived of the benefit they had promised themselves, by this
new acquisition, as they could not resort thither, without paying high
rents for a plantation to cure their fish. In truth, many French still
continued there, and they gave encouragement also to _Biscayans_, and to
the people of _Guipuscoa_, who, we have seen, were starting a pretension
to fish at Newfoundland, of right. All these together constituted a
source of great discontent, and so continued for several years[29].
[Sidenote: A Salmon Fishery granted.]
Public-domain text, read in full here on John Shaqi.
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