History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fishery — John Shaqi
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
These observations upon the incomplete form of this judicature and
police, suggest themselves upon the bare reading of the act; but the
experience of the manner in which it was executed, shewed all this in a
more aggravated appearance. It has been too often repeated in the course
of this historical enquiry to need repetition here, that the admirals
were the servants of the merchants, inasmuch as they were the masters
of some of their ships; that in many cases, therefore, justice was not
to be expected from them; that is, in cases where their owners were
concerned. In many others, where their owners or themselves were not
concerned, there was always a partiality towards the description and
class of persons with which they were connected; and a poor planter, or
inhabitant, (who was considered as little better than a law-breaker in
being such) had but small chance of justice, in opposition to any great
west-country merchant. This bias must have been a strong impediment to
the equal administration of justice in the hands of the fishing admirals.
Besides this which arose from their employment and connection, there was
another disqualification, that was to be corrected by no integrity or
fairness whatsoever. It should seem, that persons, educated as masters
of merchant ships, could not in general possess that discrimination and
discernment, which was necessary for determining right and property, even
in fishing stages and flakes.
Such being the judicature established by the statute of King William,
and such the hands in which it was lodged, we have found, that it was
executed fully as ill as could from the nature of it be expected. We
find that the admirals were most of their time out on the fishery; that,
when in harbour, they were still employed about curing of their fish,
and the other parts of their business; that the commanders of the king’s
ships were obliged to summon, enjoin, and enforce them to hold courts;
that discovering the sluggishness of the admirals, they were under the
necessity of taking liberties not given by the statute; that, being only
a court of appeal, they were obliged to erect themselves into an original
court. This they did by degrees, and with a sort of deference to the
provisions of the act of parliament. At first they got the admirals to
sit with them; and I have seen many judgments and proceedings to which
the commander of some of the king’s ships has first subscribed his name,
and the admirals have added theirs. It is not to be wondered, that the
commanders of the king’s ships, with their superior endowments, should
gradually obtain an ascendancy; and having thus blended their appellate
jurisdiction with the original one lodged in the admirals, should at
length wholly dispense with their attendance of the fishing admirals (who
would be glad enough to be excused), and so in time succeed to a complete
original exercise of judicial authority in the place of the admirals.
Public-domain text, read in full here on John Shaqi.
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