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JT'W^v., , IJ'V' -'i i ■I 'I The committee appointed to enquire into the State of the Trade to NEWFOUNDLAND, and to report the fame, as it fliall appear to them, to the Houfe; and who were impowcred to report their Proceedings, from Time to Time, to the Houfe ; [AVE, in purfuance of the Order of the Houfe, proceeded to , examine feveral Witnefl'es, thr Sublbncc of whofc Evidence 3S as follows ; H Your Committee called Mr. WILLIAM NEWMAN • who bang exammed, f-id. That he lives at Dartmouth, and was a Merchant, trading to Newfoundland.— And being afked, What \vas the prcfentStafe of the Trade from Newfoundland to Ene- Jand ? he laid, The Trade had decrealcd confiderably, both in Ships and Men irom Great Britain ; from the Port of Dartmouth Thirty- one bhips; from Plymouth Fourteen; from Weymouth Three- from Wick m Cornwall Three ; and from Exeter Thirteen ; alfo leveral Ships lefs from Penzance, Falmouth, and Briftol : That it has been decreafing thelb Four or Five Years; that the great De- creafe was from 1788 to ,79, ; the laft Year he has taken is 1791 : Tlut tHp general Decreafe of the Number of Men from Great lintaipid about 3,130; as to Ireland he cannot fpeak with Cer- tainty. buKluppoles about 1,500; from Darmouth ,,400; from Exeter 8^00 , and from Tinmouth 700.-And being afked. How he termed his Calculation, as to the Decreafe of Men ? he faid It was governed in a great Degree by the Information he had recei'ved irom the Cufto.n Houfes, and confirmed by his own Obfervations and Knowledge of Ships, vvhich he knows arc deficient, and from fon.^r h P^^-'" '^^' ^^^^"^^ "^" ^^'^ Years gone to New- fo.""^l-,nd asPaUcn.cr. n. the i'ifliery : That thcTC was a Boat ^ Fidiery I. on 'x-r { 2 ] Fnlieiy carrial on in tlic Illunl of Ncwfuiiiulluui lu- People troM GrcMt Bnuin, who vvnit out as Fairengcr;; in tlic Sprine of the Year, and ixturned to England again in the FJl ; that their Numhcr was reduced to nothing, or near it, and that Decreafc commenced nhout the Year 1777 or J778 j that !ic fpokc within Comiia(s when he faid, that of ibis Ciafs of People their ^ umber miift have exceeded (incUidIng the Shore Men) up- wards of 1,500 J that there were a few lelt. hut they could not poHibly (land it Two Years longer.— And being aHied, Whe- ther th.'.t Number (1,500) of Perfons ftated by him to have beer employed m 1777 or 1778, in the Boat Fishery, included all (he 1 erions at tliat Time employed in that Fifhcry, as feiit oir from -all the Ports of the Ifland? he tiid. From tlic Ports of Fxeter and Dartmouth only, and their Members.— And bcin- aiked Whether there is any Boat Filhery carried on from any otiicr Port in Great Bntain ? he fa-'d, He did not know.— And being afked \V iKther tiie Boat Filhery by Rcfidents in Newfoundland had ancrcaled in Proportion as the Boat Fiihery from Dartmouth and Exeter had decrcafed .? he laid. The Ref dent Boat Filhery had mcrealed confiderably, and is increafmg, fr jm the natural Incre>fo oi Inhabitmts.— And being aiked, What he meant by Paff n- gers ? he laid. The Palfengers are People living in England, who proceed to Newfoundland Yearly on tha". Boat Filhery j Mailers with their Servants j Three-fourths of them are Seamen —And teing afked, What Proportion of Green Men arc carried in each Boat ? he laid. One Green Man in every Six, and One other that has been only One Voyage before.— And being afked, Whether the Increafe in the Number of Refidents had not arifen from the Palfengers not being brought back to Gre:>t Britain f he faid He <:onceived not, but from the natural Increafe of the Inhabitants — Andbemgalkcd, If he meant to fay that theQuantity of Fifh caught inNewtoundland by the Rcfidents and Non-refidents is lefs thufit xyas m i jjj and 1 778 ? he faid. He thought fo.— And being afla-d. If there was any Boat Fiflicry carried on from Ireland ? he faid. The Employers from England had always a certain Number of Men from Ireland, to be in their Boat Fiflicry at Ncwfoundl.ind ; that to tuk-c the Average of the Fifli caught during the Years of Peace' tiom 1 771 to the prefent Year, there will be found a Deficiency'. —And bemg aflced. Whether, upon an Average of Years the Filhery has been lefs, during the laft Peace, than in the former I eace ? he faid, Certainly it had.— And being aiked. Whether there was not a very extraordinary Quantity of Fifli caught in 1 788 ^ he faid, There was a very fuccefsful Fifiiery indeed, as to the Q\ian- tity,— And being ulkcd, Of what Quality was that I'illi ? he l"aid. Of •I it I 3 ] Of a thin lomy Kind, and of an inferior Qnislity, wlilch conU iior. be lo well prcfeivcd by Salt.— And bcmi,' alkcd, Of what Confequence is tiic Quantity of Fifh caiij^ht to the Trade ? he laid It depends on the Quality of the !• i(Ii, and the Price it will tetch Abroad, lo far as rchtes to the Exporter of the rilli from .^ewfoundKlnd.— And being aikcd, Whether the Scafon of 1788 \vas not very iiniavourablc for curing FiHi ? he f.u'd, He never heard that It was ; the Badnefs of the Fiih proceeded from the Quality ot the l-ifli when caught.— And being a(ked, Whether Ihei-e was not a very extraordinary Nu:nber of Ships employed in 170S, as compared with the Years preceding and fuaecdinof he hid Compared with the fuccceding Years, yesj compai^d with the antecedent Years, he never heard it was.— And b-iivT idked. If he knew what was the Niimbci of Ship;; cnu)!oycd in 178S .? he faid. He could not fay with Certainty as to the Num •ber, nnlels he referred to the Account.— And being alked If he fccollcdted what was the Number of Sliips employed in 1-87 ? L laid Not without Reference to the Account in which he m-dc up the LVcreafe he had fpokcn of.— And being alked. If any Me- morandum he had by hiin enabled him to Itate, that in t'le Two Years preceding 1788 there were aftually as mar.v Ships employed ns in 1788 ? he faid. The iVIemorandum that lie had with hini enabled h.m to Ipeak of the Decrcafe of the Ships from ,787 "r 7H8. and the Number of M:n.-The Qtieftion bein^ repeated he faid No; not without Rcfercnce.-And being alked From what Audiority he Hated the Number of Ships employed in 78S and the Years preceding and fucceeding? he laid. He me in t all the Ships lent out from every Port of Great Britain ; that he ftated Jt from the Government Returns.— And beinj. alkcd Whether .11 that he knew upon that Plead was not frL ^he Gov^rt^^^^^^^^ Kcturns? he laid It ,vas._And being alked. If our Me ch n caught any and what Fiih in that Par^ of Newfoundland wh the trench have a Right to fill, ? he faid. They did ; but h e d d no know the (^lant.ty And being alked. If tLy did 1 w he he f Jd 1 ^" ""^•-^"'^^■'"i.^ ^^^ed. For what Realbn they do not' he faid, ld Fifhermen. as an exccliive Quantity ? he faid It anlwers better, for where there is a Scarcity of Market Abroad the Seller commands the Price; when alarge^Quantity. the Pur- cl^alers command the Price—And being alkTd, W hether the ■Demand in Foreign Markets has decreafed fince the Peace ^ he faid He believes not.-And being aiked. If many Ships have not come Home empty ,n the lart Two Years ? ho taid Seveia iniall Veffels have com. Home without any Thing bu Balt\ - The Wane shaving faid that the Trade was on . Decline 'he was alked. Whether he knew of any Burthens on the Trade to which he could attribute that DecHne? he faid. he attributed the chief Part of that Dechne(rpeaking of the Trade from England and Ireland to Nevyloundland) to an Alteration which took Place ^n the governing Laws of Newfoundland, by an Aa palled in 1775, which was carried into Execution in 1776 (Ait of the r rth of George the Third) ; there are Claufes in th^I Ad which efffo hard upon the Employers, that in general it is not poliilde for fuch whofe lole Trade and Fifhery is from this Country to Nesvibund- ^ land w i [ 6 ] lunl to carry it on wltboiit a certain Lol';. — And being alkcd, When was the I'AY^it of thofc Claufcs felt? he laid, Soivic of tlicm not inimcdiatcly on the paHlng of the Hill, no.- within Three or Four Years afterwards, from the Servants not being acquainted with the elaiius of the L'ill.— And being alked, Whether he meant, that after Thr-e or Tour Years it diit operate ? ho fiid, It operated im/ll powerfully on tlie Trade ; tlic more generally the Claufes hecanie known, i'ts Etled was greater. — And being alkcd, Whether that was not in Time of War? he faid. It was. — And be- ing alk^:d. What were the Claufcs ? he faid, The Firll Claufe is a Pe- nalty upon Filhermenand Seamen abfcntnig themfelvcs from their Employers without Leave J that it give; Uuh Entowragcment to Idl'.nefs, that the Servant may chufe whether he will work or not in the l imc of the Ilarvcll of the Fillicry, and may, at an Ex- pence to himfelf of a few Shillings, injure his Malter in the Sum of /,'. 200, and the Seamen may detain the Ship in the Harbour, when ready for Sea, to the great Detriment of the Voyage. — And being alkcd. If he, in Point of Fa<^, knew that the Servants or Seatnen availed themfelvcs of that Power ? he laid. He had known it in feveral Inllances, — And being alkcd. In how many, or was it a very general Cullom ? he faid, He belif 'cd it has been very fre- quent for the laft Eight Years pill.— And being alked. If he knew of any particular Ship which had boon lb detained? he laid. He had had VelVels of his own detained from the Men abfenting them- felvcs from their Duty ; that a VelTcl of his had been detained by One iMau abfenting himfelf from his Duty, that Man being a . Splitter.— And being alkcd, Would not that equally have been the Cafe if that Clauf; had never been enaftcd ? he laid. He believes not, for he never knew it happen before that Act (alT-d.— And being afked, In what Manner did he think the Claufe p-oduced that Effed ? Ke faid. From the Men not being rcfponfiblc by Law for the Damage they do the Mailer. — And being alkcd, How were they refponfible before that Ail ? he laid, IJy being fubjeft . to the Law that then governed tlie Ifland of Newfoundland by the Statute of the icth and nth of William the '1 bird. — And being alk^d, To what Puniihment were they liable by that Law ? he faid. That, he pr fumed, lay with the Filhing Admirals to iudge, but he never knew an Inllance of its being tried, the Faft "having never been committed to his Knovvloitge. — And being alked. Of what Defcription of Perfons were the Filhing Admi- rals ? he laid. The Filhing Admirals are the Mailers of the Three Firft Ships that arrive at each Port in Newfoundland, properly cleared out from Great Britain. The % I'hc [ 7 ] The Second Clai^fc \\]\kh the \ fry Oil liable t() t!ie Payment of Wages. By the () Fid of that Cliiufe, the Servants/ al enough to pay their VVa->;en, have "relaxed to ' Vitiurs objc^% tn, is all tl ift ter 01 wages, liy tlic Opcratior* they have cui^-ht Fi(h ami Oil in their InJiiftry, the I.ijiiry of their Employer, and the Merchant who h credited that liinployer, either in England or Neui as and th.it Claul'e h:;s entirclv d that was before placed by the Merchant iij t! fouidlandj one away the Confidence i'lid has had a very great EtFert upon that cry.— And bi.ing alked, Whether bcf le Boat Kee])iT, Branch of Filh- ACi the Filh and Oil wtie not li.-bL ^ the Payment of the Seamens Wages ? he l.iid, Th liable to the Payment of the Servants Wages, aj the Merchant w!io had Aipplied the Boat K ore the pallWig of that c in the tirll Indance to liable in general to all Demands.— And beinj; alked bad, in Point of Fad, k nown the Men rel icy were not ly more than to c'Per i they were Whether he IX in their Indudi for P.ivment ol tU,- after they have caught FiHi and Oil cnout own Wages ? he fa id. lie had known Lny Inihnccs, Iind'h"; tood hunklf a Sufferer to a very confideiible Amount, from bemg obliged to pay the Servants of the Boat Keeper more Money than the Value of the Fiih and Oil, which he received from hmi, with the Lofs of the Advance thr.t he had made him to carry on his Voyage.- And being aiked, If he had known other Merchants make the fame Complaint .? he faid He had !l"7\T'^ Merchants and Boat Keepers do fo.-And bein;j alked, Whethe. that Regulation applies equally to the Refulent Fid.ery, and to that carried on from Great Britain ? he faid. No • the Rdident iMlhery is in general carried on by the Natives with their lamihes; the FiHiermen in the Boat are a Part of that Famdy; and the FiHi is cured, when brought on Shore, in general by their VV.ves and Chddren, that he" fupplies himVelf One hundred I amdiesol that Defcription in Newfoundland, at Conception B.iy, who have not One Servant belonging to them if they had, he would not truft them with a Shilling, having uftered lo much by a Truft where there were Servant! and In tha very Bay. In general the Refidcnt Fiihcry is carried on bv F-n '^An-iT V"'"'"°" ^oncern, and who hav.- lien on the FiHi and Oil for Payment of Wages.-And being Jked. Whe- ther, where the bilhery is carried on by Shares does any In- convenience follovv from that Claufe ? he 'laid. He fliould fup- poie not to the Mcrchant.-And being allced. Whether thole 1 .flie^en had any Servants before the palling that Claufe ? tl K ; Vj-'^- ^''\'''\'^ !°"'' '^""'^ '^''"' ""^i' 'h« Merchant, from the bad Effe..s which he felt from the Operation of the Claulb] withdrew "W I [ 8 ] ^vithcirevv his Confidence ; that he did fend Orders out not to truft ".ny Man who had a Servant. The next Claufe the Witnefs objeas to is, that any Part_ ot Newfoundland (not in Ufe) may be ufed ^ r ^"""S ^^^J^J^^^^^^^ Fi(h The Efl^^l it has is this : It takes from the boat ketpei, xvho at an Expcnce of Labour may have cleared away a I Jace for his FiflKry. or may have bought that Place, m ca e of Acc.dea of Fire wkh an Inability on his Part immediately to build t a-^ain, what he ha,: always looked upon as Property and which after his Strength would not permit him to carry on that Hlhery, ^f he could not immediately fet it out to a Tenant it became Property to any Perfon who chufe to occupy )t ; and it is tor the Benefit ot- the Filhcry that the FiHung Rooms hould be. what they were aHvays confidered to be. Property. There are m Tverv Harbour of the Hland of Newfoundland Spots of Ground vhich ^u- open to any Adventurer who may chuie to budd upon riem. oming qualified according to Law, and theie Places are la J S" in the bed Situations for curing Filh. and were relerved from the Beginning for that Purpofe ; thele Rooms are called ' h ns Roomc That he does not know that that Clauie has ope- rated to any Degree worth mer.tioning. which he attributes to the general Odium Lt would fall on the Man th.. fliould avail him- 4elf of it. Mr TO UN lEFFERY being examined, was alked, Whe- ther he was deputed by the Merchants at Poole to attend your Committee? he faid. He was kit Year, and u not being hnce withdrawn, he apprehends he has Power to aft from them.-And being afked. Whether the Purport of his Deputation was to give Evid'ence on the Subjed Matter of the i;^^\^'°^P'-^^^"'f J^^^J. ' . from Poole? he laid. Certainly, ycs.-And being ^'^V^' W' f^ the Deputation had been renewed this ^car he laid I tit h s it is without his Knowledge.-And being akcd ^ ahe he thou^lit that the Trade from this Country to New oundland is m a decdining State ? he faid, He does.-And being alked, If he was prefentwhen Mr. Newman of Dartmouth was examined upon hat Head? he lltid, He was, the greateft Part of the 1 ime.- And being alked. What were his Reafons tor Hating the 1 rade to be on the Decline? Mr. Jeffery produced to your ^^o'^^ftee a Paner. and fud. It was a Deputation which lie received trom Poole March the 7th, and which he underlUnds was drawn up "W [ 9 ] md figned only the Day before ; and that by having fcnt the Gen- tkmen of the Trade a Copy of his Sfarcnicnt and ,i;eneral Opi- nion of the Nature and Situation of the Fidicry at Ncvvfuundland. he had every Reafon to believe it met with their Approhation. The faid Statement is as follows : " Till Ycftcrday I was per- fed y Ignorant in what Way the Enquiry which is the Obicet of tins Committee was to be conducted— I am by no Mnir " prepared to enter into a minute or particular Statement of 'the w Newfoundland Trade founded upon Calculations, nor am I qualified by any authentic Documents to draw a Comna nfon between its prelent State and that in which it has fib- hfted forlome Years part; but having carried on an extcniive Concern in that Trade for about Twenty-two Years and havim' during that lime been converfant, and on the moft intimate Footing with moft of the Gentlemen engaged in it the .nolf mtereft.ng Circumft^inces refpeding the Trade, and the Advan- tages as well as Difadvantages with which it is attended, h.ve fallen under my Notice. I would beg Leave to preface ^vhatl hav^ to hy, with ftating. that in my Opinion it is a Branch of Lcmmercc highly important and moft invaluable to Great Britain, not only as a very confiderable Nur.'bry for Seamen but asitaftordsa Confumpt for the Growth, Produce a^J H.r/M",;""^;'"' ^,r'''^' ^"^^e Amount of not Ms than Waif a Million Annually. " The Filh caught in this Trade is fent to Foreign ?vlarkets namely Spain, Portugal, and Italy, and the Returns I udge S be nearly ,!ths in Specie, or in Bills of Exchange Such a 1 rade is fure.y we 1 worth the higheft Attention u^.d Encou! ragement o.f the _ Legiflature ; and ought at leaft to be freed " m Co^F.r"-"' Pifticulty, Bu'rthen, or Impedime t " Modes: ^"^ '' '^ "''"''^ °" ^^ Two different « The}; JaVe t1 '^' ^'v"' "i'-' ^""."^''•^^'^^'^Is ^rc employed. Ihde r.ale Three or Pour Tripsin the Seafon, generally lav .:ig at Anchor tor Three Weeks or a Month toge^ther mme- dKUely attcr having caught the Fi(h they fait it, and when they Inve completed then Cargoes, land it in order to be cured and dr.cd, and return to the Banks in Qneft of a frefh Supply. " 'ui^lt ^'f'^t '''"■' ^'T'" '^^''"^ *° ^°"'-^^^" ^^""'^'•ed Quintals oi Inh each during the Seafon. But this Fifticry iT on ■ *" " carried << (i (( <( <( (( ' ^'-^''-^ ^« " ought by r.;r Means to K o r ^ V "° ' ^^^^^^^f^l Seafon " PrSlperity om'c vl tI 't'1 ''r !'■'^ '^'''^'^••^°" "^ the " beg. << << Ul i 7 I I I [ .2 ] be — — "■ and NeccfTaries for the Fiflicry amounts in general to One 1 of their Wages, bcfides thj Confideration of a great Tvumber of them being paid a Maintenance and Support of tlieir Families during their Abfcnce j and that it will not admit the Payment of their Balance of One Half of their Wages at their Return. The The I 'S ] The Sixteenth Sedlon, That all Fifh and Oil taken fliall Ijc liable to the Payment of Wages of Seamen and Fidiermen. He wifhes to obfcrve. That in very many Inftances the Employers have been and arc always fubjeftto great Impofuions and Loffes by )tiie Negligence and wilful bad Behaviour of the Servant, and fo as lullicient Filh IS caught to pay thofe Wages, the Employer is liable to a Want of the fullPerformar.ee of the Servant to fuch .Duty. The Seventeenth Sedlion, For laying a Penalty on Seamen or -Fiihermcn abfcntmg thcmlclvcs from their Employers without Leave. That at a hurried Scafon of the Fiflicry a fingle Day's Ab- fence from One of the Filhermen may keep the iJoat or Veflel from going at all to Sea, and that the Two Days Pay fbr fiu h Ncgled is by no Means a Comoenfation for the Lofs of Duty that the Employer may incur. The Thirty-fifth and Thirty-fixth Sccf^ions, That the Duties on Goods exported or imported into Newfoundland fliall be un der the Management of the Comnuflioncrsof the Cuftoms in Eng" land i and that Deputations granted by Com mi/H oner, for North Amc-^ica, before J muary the jfl 17^.6, to any Officers for New- io,i,idl:,nd, to be in i'orce. He does not fee any good Reifon or of ^.rvite to the Revenue of this Country, by the Eilablifhm'cnt of a Cuflom Hou(c there; but that if it is thought ncceflirv for a Cuflom Houle to be ell iblillicd, let the prcfent high Fees now demanded and paid be taken ofF; and if it fliould be adiud-ed that to prevent Fraud, or any Sort of illicit Trade, or forlin,^ I UDiic Good whatever, fo as that we are not at the Expcnce of paying luch exorbitant Fees, the Trade will be perfeftly f-itis.'i .— And being afkcd, What Number.'' iie laid. t I I [ '7 ] j:>ijJ. No great Numt,er.-And being a/kcd. What Proportion of •.fl.crn,eM and bcnK., now go fVo.n^oole ? he faid, He be Pcvc r^ent t!u W^ 1 ' "^ ^'C-'t many j fon.c Concerns carry out the >• on :"r* '^'"'^ ;>'"'•" ? "'' ^'^-^ ^'v-y Autumn, and^'t is n H t !''^C,cn..-rahty of the Merchants to keep nc .;,oi. Mcu mtbeinandot Nevyloundiund than the Intcred of their "rticula Uauc ot the Merchants to incline at all to make tb ,f I .1, Uiore a Kefidaice iIku. can be avoided their Diftrr^-c .r r ''^ -a great Number of Famihes already t I ^rnd:ndwh^,f;"l Dady „,crcabng calls for the Intervention and Alh W of tie Governmentof.h.s Country to prevent it. and bring hi uiom fci^:i^n^^^^ p^5?;.:^^?-%nei:^ vifions, Cloatli,„g, nnd I, ,plen,cT„a for the FilhZ J T Merchant from Grcut U,it,i„, it cj, fcarcelv 7' il^ f or ough, ,0 f,ll „„Jer „„ De„„ J ",i„„of J ut id." r,t tioned to be Hehde-u -An J iS n f"^r' '^'^ ^' '^''^ '"^"- i^eceilary to car y o ^the Bve Z/f H^ if ^J great Capital was HoufeatNewfoundlmP^hefakf t^™,^"""^"^ ^^/'^^ Cuftom •he fhould fuppule abo t Fiftv / ? V T "°^ '^'''^^'y ^"°^^' ^ut ^ to [ i8 ] to i^cvcn Ponmls per Ship. It may he urged thnt in this Cliim the Char"-c of CcrtificutL-s, as Rctiiriis for Boiulcd Ciooils and otlicrwife, may he iiirhuicd ; hut the Fees have hccii incrcafing, and he tears will contimif to do lo uiilefs they arc rcgiil.ited. A new Charge has latelv crent in, for ev( n coming to an Anchor in the Harbours of Nc\vf()undia;id, he d'H's not know where fucli Fees are returned. , And h.'in-; .ikcd.If he found any Diladvant.ifje to the Trade from a Competition with Foreigners at the Markets ? he laid, Certainly Yes, and tliatat fomc of the Markets very conliderahle Importations have very much inj ired the Newfoundland Filhery ; the French particularly were, prior to the prefent Stagnation of theirTradc.in- crealing tlicir Filhery very coniiderably, and from the threat En- couragements held out hy them under any Conlideration he thinks there is great Realon to fear that the F'lnicrics from that Country, as well a>T from tiic United States of America, will ultimately tend very much to injure the Trade r id I'iniory carried on from Great Britain. In the Year 1791 an Importation of upwards of 20,000 Qi:int:ds of French Filh (lie underlloud) were fent to the Port of Alicnnt in Spain, which Port this Country always till that. Time wholly fupplied. The Port of Barcelona till of late Years received very conliderablc Supplies of the Newfoundland Fiih, but l.itterly it has been aimer, v. holly fupplied from Norway; wa? it not for the peculiar Situation of America, by its being at; War with tl;e Algcrints, he conceived tliey would fupply a very coiiliderable Part of the FiHi to the Ports in the Mediterranean,; nnd that as that Country increafcs in I'opulation, and Labour gets cheaper, it will be a povvcrful Rival to tlio Newfoundland Filh- c:v. — And being alked, If he knew whether the PVench Filhery •was fu'.ijcdt to any Cuflom Houfe ? he faid, He had been inform- ed that it .was not, but that on the contrary every Encouragement uiul Indulience has been affordjd it on the lOauds of iJaint Pierre and Miqiielon, as well as their other Diftrids. — And being aflced, Whether he thought that if our Filhery at Newfoundland had the f.me Indul Markets ? he faid. By much ; they will not take Bank iMrti if they can get Shore H(l,.-And being afked. Whether the Sliore Filhcry was increafed in Proportion to the Decreafe of the Bank Filhcry ? he faid. He does not know that it is —And being alkcd If he was willing to give up the Bounties,' if the ■Onevanccs he complained of were removed ? he laid Certainlv as far as relaU'S to his own Opinion—And being alked. What Parts of the Aa oi the ,5t:i of George the Third had b en d.lre^ardcd ? he laid The fourteenth Claufe, with refpefl to the -Employers paying the Fifhcrmen Half their Wa^cs in Bill. — And being alked How has this Claufe been evaded? he l^id Ly not having Complaints made, under the general Idea thar thev were very improper and obnoxious it had not been <^e neraily put in Execution; none of the Claufes which he Hated before as burthenfome to the Trade hare been fully enforcS for the before-mentioned Reafon ; though thofe Claufcfs have noJ been generally enforced, yet they have very frequently.-And •bemg afked. If he fpoke to the Whole of Newfoundland nr r o theOutPorts? hefaid Hefpoke to the Out P^r; i'L^^^^ l\ ic u'" J."''" '' ,^"' ^y ""--'^y Information.-And E nlk.d. If the Thirteenth Claufe has been executed ? he Aid He bcliLvcs It has been but in general Cafes it was not poilible- And being afked. If he meant that it was not poffible to dedudt he forty Sh.mngs ? he faid, Surely.-And bei^ng afke ^ Why ? lie laid, rhe Wages of a very principal Part of the Servant^who go to Newfoundland, and particularly Green Men. wi no^ .How It, but a very great Number of every Defciiption the Merchant [ =° ] ^tclvlll^t cnp.agcs to brinp Home grntls. — And being aflced, It' h'j mcMiit fli.it the Forty bliillinirs wcic nut gcncr.illy UcJudtcd out oi' tlic S.iilor'g Wages, or out oi the Supplies t'uriiillicd to him, or his I'atnily nt Homo? he f.n<\. Not One in Six, to the bell ot his Belief ;!nd Jud^;mcnt.- And bcin^ alk.'d, IK ;i bailor was left behind upon the Ill.uul, were the Forty Shillings deducted from his VV.i[;cs ? he faid, IK; hoped not, he knew of no fuch ijill.uicc, and wherever it is flopped from fuch Serv.int, unhi* it be thofe whom the Mufter has his Reafon for fending Home, it is iiis Opiniun dillionoiirable to tlie Employer, if not a Fraud. — And being alked. It he knew any Thing rel'peding tho Con- duifl of the Inhabitants towards the Indians f he faid, lie has hc.irvl in many InlLintes of very inhuman Treatment of Indivi- dii.ds towards them iu the North Part of the liland j he thinks it requires InveAigation. — And being aiked. What he deems a Re- fulcnt at Ncwloundland * he fiid, lie hopes that no other i'erfon iIk uld be deemed a Refident at Newfoundland, than tlie Refident ri.mtcr, Natives of the Illand, and who do not go and return to E'lfrjand ; the greater Part of thofe, in his Opinion, arc not di^tmed Refidents, ought to have the fame Privileges with refpedt to I'ne Dues of this Country; by being fupplied with their Goods from the Merchants, they ought not to be deemed Refidents. — And being alked, If he deems thofe Filhermen, who return to lin^I.md in a Courfe of Two or Three Years, as BrLtidi Filhcr- mtn ? he faid, He thinks they ought. m Mr. NEWMAN being ngain examined, faid, That the Claufe which cIlahlillKS the Cuflom Houfe, in the Act of the J 5th of George ti;e 1 bird, fubjectuig the Trade to F\cs of OtHcc, is certain and fixed Expence, and is fo confiderabli: in itfelf as to tukc f.oin the Employer c.irrying on the Trade and Fiihery to Neufoundland (from the beit Calculation the Trade can form) .1 full Ten per Cent. or. the Annual Intereft of the Capital cm- yloyed, or ill other Words, equal to Two Shillings in the Pound on the Yearly Intereft, calculating it at F'our per Cent. The Statement is m.idc by the Trade as follows : Ships and Merchandize arc kt down at £. 500,0^';. The An- nual Intcreil: at ^T. 20,000. And the Fees demandta a. id taken by the t>tHcers at £. 2,oco. The Calculation of i'ecs is made Jrom the Nunibcr of Vcflels, and from what the Merchants have Individu- ally paid in Proyo;tion as the general Trade of the Ifland is to the I L 21 1 thcTrvlc canic'l on l.y them. H.-f re the jnilling of the Ciu Ad. the Tralc and I'ilhcry to Ncwtoundland had be:n carried on tor upward, uf Iwo hinulral Ycus. und was always i-rotcdcd from all Fees of Ollitc, except that of ilaU a Crown j-aid to the Naval Olliccr. In an Ad of the td and 3d of I'Mwaid i1k« VJth, Chapter 6th. there is a Cl.uife to forbid the Olliecrs (,t the AdmiraUy from tikin'» I'ces for Ships goip- out to Newfoundland, and in an Att of the 15th of Ch;ulcs the lid, Chapter i6th, it is expreldy fud, " That no I'erfon or lVr(i)ns wliatfoevcr do eolLd, levy, orcuilc «• to be levied, or taken in Nev/fn;indland, any Toll cr otlicr Puty " (for fur any Cod or I'oor John, or olii-r Tidi of Englilhcateh- «• in"." The Protedion wliit h the Revenue had to prevent Snnig- clin-^Tif luch a I'hing could be, was in the Hcr(on of a Naval Officer, who rcfided in'the ditferent Harbours where tlie Tnu'e was carried'on ; the "^hips on Arrival made their Entries to hisOrtico, and the fame on leavinij the Ill.uul— tli Fee was Half a Crv)wa for each Ship, and if the Ma'kr chofc to take a Bill of Health, he gave him Five Shillings, but it was optional with the Mailer to take the Bill of Health or not. In the Year 1761 or 1762 the Merchants trading to Newfound- land informed Government, that the Irilh had introduced, by fomc Means or other, coarfe Woollens, Shoes, Cvrndles, and Soap, which w;'rp then prohibited. In cunfequence of which Information, a Gentleman was fent our, of the Name of Hamilton, under the Denomination of Collector, but he received no Fees. After Mr. Hamilton a Mr. Dunn fucceeded, who did make a Demand of Fees from the Trade— fome few paid it, but the greater Part rc- fufed ; he himfelf paid none, though he iiad from Six to Ten Ships Annually at the Fort. After the palling of the Adt of the 1 5th of George the Third the Right of Fees being eftaehnied by that Aft, Fees were then demanded, and they were paid by the Trade, the Trade making a continued Application to the Trea- furv for Relief. The Duty now done by the CoUeftor, Comptroller, and Sur- veyor was, as far as it rcfpedts the Revenue, performed Sefore t!ie Edahlidiment of the Cuftom Houfc by the Naval Officer. There are in the Ulaiid of Newfoundland a great many Harbours where the Trade and Filhcry is carried on, in a great Number of wliich, and where there is a Traic of Ships, Sec. there is no Officer whatever of the Culiuin? ; but yet the h'ees are paid to the OiHcer reiiding 1 , F at I 22 ] U a different Port.— All Ships difcliar^c ti-.V Pira^no -.u ™.v Officer of ,l,cC„ft,„„sVn„y D?,\r[ ■,■ ."^ T ."f I' .he Harbours ,v here k- Tr,de ; Jp^n, ° "' " 8.™' """y "' New o„„dla„d. a r.eprrfen.a.L norSd rf „= Faft -l,d the W itncfs is authorized from the Trade in f,v l,f, i cJ u , ^^"■'' '"90 from Poole, of the Ncceflitv of a Cufton.Ho.ie to prevent Smuggling, and reprcfenting the Traders 1^^ not Vigilantly watched, would be guilty of it ; "and that ti Complaints made by the Trade re'^ne.^inr^ fhJr t"^^ the .he Exertloi, of th=''officers D« -'aS^It'td'TheX r ....ft. there would have been no Complain, whatever! ^ r.Uy Co.r. of NWf„.„dla„i,1h«"w/lf SiA, ove'°,: hrtl" f'; orth m .,.e Report : That was rhc Paper wSch mJ Le I"' l:.:;h^-.7 from Englai'id, and lo',' '^ ' ^ i,!"!;? 7,'- ''- a;..I.ery during the Siunmer .Seafon, or the K, ,K :" ^y the A.t of the : ,th of G - ihc ? ird ".i' .r """Z^^^^- -her at B.^king.. c;r ,h.r Crl^ „;: le'lf F :^: T? rf' bung cleared out conformable to the Ad wlrh V ' '^ "'''' under the Denomination of FiiLi ' Sl.ms and ';'f";\'^'"'J^" the Two Shillings and Siv Pence '^s F'/ ""^^ '"'^-'^^^ ^^ Act; but the Idea of tie Officer of^^^^^ '" '^^^^ -le. and the Traders have^t^ 1%^ p" totl, ^l/''" ^- ..Imount lor tJicir Ships en.ployed in tlfe Trade. ^ ^"'""^ A \'eircJ [ =3 ] A VefTel emplovcd in thr Pmi- r-zT, Cargo of Goods to NV wfj., jf ' f ,^,'^,^Y? ^"^ not carrying a "H-ini, or Finland of PUS, 2: rS^'?^ ^" ^''^^'^ ^^ Cafgo Ufe of the Fifhcry. " The W tr^ ' "^r°"' '° '^""f^^^'- for the in the Wand of NewfoundLT'Jherfi n "'t '' ^^'^^^'^^ ^hat that of the Cod FiHK-ry, th S^a F - Jv th° .". ^'^^""''^ ^^' and a Jitt e Fur Trrde Th.r. ' ^Vv^'^3^' ^"e Salmon Fifherv fadures in the liJand. '' '' '""'^" Agriculture or Manl' Vears. is that of the I Uror^t. of F? ^'f'T '" '^'' ^'"-•^''^'''S Jand to Newfoundland is open -Tht T i'"^^'-*^^'^" from Ire- .f" •^, Cunom Houfc bein. XblHl Jh ^'''^''\^^'-^ "o Ohjcdioa • V''?..\^'-d of Ne..fo^.d ; d '^^^t'" f;;^y "-^ur andVrcek ^H^- lilhcry fro,n this Kin'u om tn 'Z "r.""! ^"^J^^'^ to Fees— ^SW.U.t.o,n..;, 1 "^!^-theShorc. hy n I , ,. r ' ^'" 111' ^"plc rclui,,,!; Iktc, .,„t i™j A„„„,myr ;;;r;„ tsrs:. ,'?""'"'?'■'"■" f^''-"--"'''"'- ^Jhips, - ^--T„ii' -*««~»l- \ I 24 ^ 11 ! f^ 1, . flif Firft Ch'.fs of common Men "^''^ tZ ir* V re' Yn ts K,tl>.-n. r-" 'i>'^ ^'^f "f Sot^t to .V M '.ul" of March u,.d A.r.l U.ilowrr.g, rc»dy, .f rcquircii, for its Defence. Tr Fffrt of their Labour in the Fidicrics is a Return of S.r^to ?^^ Ki,:S:;n! .h.h .s io difiuled a. to be a genera. JBciiefit. ^r .1 r', .,<■;. /^f 1 Truie to Newfoundland, This Fifliery is alfo ^^^^^.^^^V / of Sh , to carry ProviUons, which employs a g-at Numb r o ^ ^ ^ ^^^^^^.^^ J^ ,„ p,,,;., Cloathing, and I nhmg M;^-^":'.';'. ^"^\, " „,, n-u;^ Trade bcnc- Markets the Produce ot the iMllun,^ Voyage. 1 ■ s 1 r " fus the Manufaaurers in England and the Landed li.teieit. Tl.^ FiPicrvat Newfoundland oy the Refidcnts. can only be co:!;!:;;red:':rU;i%.ngdom. as a ^^f^^^^ ^ ^" ?^^^-^'^te i^me't'^c^lWua ^^tL^F^ling Voyages. conlume. Th. Difference between the defcriptive Filheries may be faid The Ditteiencc n ^^^^ Dit^crencc that may '° "\?2R"cnue from he Confume of the fame Number :rM n aVtir Fa.nilies. between reading in England from November to April, or refuUng m Newfoundland. The Etieft of the Bounties given to the Fifliing Ships : The Bounties granted by the Ad of the 2Sth of His prefent Ajflv ha e kept up the Bank FUhery and prevented that r!oirJ gluing il Pollelhon of Relident Fifhermen m New- •toundland. In lluing the Fiiheries and their Effeas, the Merchants do not n t tl at Rehdents, in a certain Degree as to Number, are mean to l.y that Kum ^^^^^.^^ ^_^ ^^^^^^ ^^^^^ l^UuS^^ Ne'l^unS they mo. ^^^edly an.-Ar^ Kin^ao m , Bounties counteraft the Eiied ot the G;!S.m?^tm^tcdof? he laid. No.-And beu,g aiked. It .t Oiievanec CO t Bounties, as the only Means ot -^^l^:^^^^^- «-'" "^ 'S- .ofiivx .Uc. r„, r Ill Men iddle of ready, if ctuin of genera! undland, ■oviUons, Foreiga idc benc- 1 only be oys Ships to them. Voyages, ;ry, is the )ries they u\y he faid that may 2 Number 'land from ps : His prefent vented that n in New- lants do not s umber, are I hum this arc. — And fffcd of the ; alked. If it ily Means of te them up ? he [ 25 ] he m. Certainly .-And being alked. Would not the Bounties be ncceflliry, even if the Grievances were removed ? he dud, They would for Two Reafons: Firft, the Adventurer from Great Britain might be induced to carry on the Filhery ; Secondly, .t would present the Refidents of Newfoundland from taking that FidK-rv from them.-And being alked If ^^ thought One of the AdvanVaues of the Bounties is to enable the Bntifli Fifhermen to cope with the Refident One ? he faid, It certainly does.-And bemg afked. What Capital is neceffary to carry on a Bye Boat Fifliery from this Country ? he faid, £. 80 Capital per Boat.-And being afked. Were there People formerly having but One Beat ? he faid, Se- veral.- And being aflced, Were there many ot that Defcnption left now ? he faid, No ; he does not know of Five.-And being artied. Whether the Ships ufed in the Fiftery carried on roni^ Dart- mouth, Exeter, and the Ports Wellward, are built in this Country or Newfoundland ? he faid. In this Country, by far the greater Part • there may be Three or Four that were built in Newfound- land —And being alked. To what Caufes does he attribute the Decline of the Boat Filhery? he faid. By far the greater Part to the operative Claufes in the Ad of the 15th of George the Third, and the general Decline of that Trade.— And being afked 'in what Manner was the Boat Fifhery carried on ? he faid. By People from England of fmall Fortunes, and with a Confi- dence or Credit from the Merchant who received his Payment m Newfoundland in FiHi and Oil; the Boat Keeper was alfo fur- niOicd with Supplies in Newfoundland by the Merchant, the Boat Keeper paying the Merchant when the Fifh and Oil were in a per- fcd State as to being cured.— And being afked, Is the Committee then to undcrlland that the Manner in which the Aft is fuppofed to have produced the Decay of this Filhery, is by dimimniing the Depeiidancc of the Seamen upon their Employers, which is ef- feaed by u;iving them a Claim upon the Fi(h and Oil for Pay- ment of 'their' Wages, and by limiting their Punilhment for leavin-- their Work ? he faid. Certainly it is a Part of it.— And being afked. Whether there are not other Circunillances. namely, t?ie increafed Expe.iee of fettling Difputcs ; the Bank- ruptcies in the larger Capital; and all the general Circum- ftances which have operated to the Difadvantage of the 1 rade ; and have not all thefe contributed, in fome Degree or other, to the Deftruaion of this Species of the Filhery ? he faid, They cer- tainly have.— And being afked, Whether that Part of the Aft of the i:th of Cieorge the ThirJ efpefting the Forty ShiUitigs Faifai^e Money, has been generally executed ? he faid, It certainly has by the J G People r « 1: 1 i;. C .6 ] People c;irrying on the Trade- from Dartmouth, and near it —Arid being ..iked. Whether they always bring bacic all the Seam n thy carry out ? he hid, All, except a few that are abiblutely ncccirary to *"'''■■ >''!:^°^f^'^ P''^'""K l^""!"'^ during the Winter—And bein<> a/ked W hether the Seamen brought from Ireland are alway. carried back the lame Year, he laid. They are, with the foregoing Evccp- t.on^And bemg aflced, Whether thev do not often hue themielves for Two bummers and a Winter ? he'faid, In tlieir Trade they do not.— And being alked, Is it not the Intereft of the Trade from Dartmouth to bring back the Men, and to make it a Fiihery in- flead of a Rehdency ? he faid. Certainly.— And being afked. Whe- ther he fiw any Objection to giving Bond to bring back the IN limber taken out ? he faid. Certainly not, if there were no Fees to be paid. The Trade beg Leave to itate Alterations which they wiOi to have made in the Judicature Act, pafTed laft Year for One Year only, having found great Inconvenience and Expence in the Manner that it now Hands. They bjg that all Caufes exceeding Forty Shillings may be tried by a Jury, if either Party require it. That in all Caufes exceeding i^. 30 there may be an Appeal from the Decilion to the Courts in Wcft- minfter ; that all Fees, if any are to be charged, may be par- ticularized in the Adt The Claufe of Limitation of Adions to be explained, as it has been made to operate as an .-a' /.^/ i^^^^o Law ; that in Cafes of Bankruptcies the Creditor m^y have the lame Power as in England j that the current Seafon of the Year may be explained to Hand from the 30th of Oaober in the pre- ceding Year. The Reafon why the Trade wiHi for the Sum to be ^. 30 mfteadof /;. ,00 in Cafes of Appeal is, that there have been feveral Decihons where the Party has thought himfelf much aggrieved, but the Sum was under £. 100, and the Perfon whh- ?I- r^';.7''^ ^^^^"" '^'^y ^'^^ ^'•^"''^ ''f Limitation of Adtions (hould be explained, proceeds from Decifions having been made to the great Prejudice of the Creditor, where the Statement of the Firft Balance of Account has exceeded Six Years, but Pay- ments have been made down to the Year preceding the Ad In Proof of vvhich, he begged Leave to ftateto the Committee, that he himfelf ftands a Sufferer of £. 90 and upwards. The Reafon for which the Trade begs Leave to have all the Fees of the Judicial and Executive Officers mentioned in the Ad .s from the Extravagance of the Fees demanded. To prove which he has an Account of /;. 618 for Fees and Charges made by the Sheriff in One Adion of Bankruptcy ; and Mr. Thomey, now refiding in Briftol, is ready to come forward to prove the Fad ar It. — And ie:iin n they neccfTary to -And being ivayc carried >iiig Evccp- : themielves ide they do rrad- from Fiihery in- deed. Who- g back the ;re no Fees which they :ar for One ixpence in all Caufes , if either . 30 there 3 in VVcft- ly be par- Adions to : poj Fa£Io y have the f the Year n the pre- Sum to be here have ifelf much rfon with- itation of wing been Statement but Pay- Ad. In ittcc, that 'c all the 1 the Ad, Po prove ges made Thomey, irovc the Fad [ 27 ] Kmd.°' '^^"'^"'- ^^>- are many other Cfcs of the fa.c t^-e were Ten aitervv'ar^:' Trten j Je'y. ^"^ ^^^'"" ^^^-' The Trade wifh, that thp ru„r ■ ■ Cuftoms to ad as a Ju/iLeo, in t ^7""'"? "« Ofricer of the be contmued. He ienSn ' 1 . K "/^f ^-^'^' ^'''P-i^y. nla; the Traders laft Year in \',.,.,r ji ^" ^"format on ajven hi fland. And being aiked^ Whcthc "h "^^^^u"^"^"^'- i" the Juftices of the Petce ? he faid Th' u^ ^^ ^''^'''^ ^^^d as vyhichis theOccafion of the r ' '" ' ^°' ^^'"'^ ^^'-^ bacU J ^ey fhould not be ^^ S^i;^;^'^ - rather the W.'n.,tl l^fns to ad as Jultices if the Slf f,''^'''^^ dumber of cluded.-And being a/ked Wh.rQ r ""'^^ "^^^e" are ex- Jo be fit ? he faid. The moft int 1 ' "^ ^'^''^'""^ '^°-« ^^ defcrlbe J^ed^iht^,, and of the fei|l p '^'"'A '"'^ °^ ^'^'gbt as to Re feweft Connexions, fuch a DeLHn°r"'^i°o^ •' ^^ ^^^"' by the cupanons have moft TiZt./^'''' ^^P^^opleas by their O^ PejlewhoformeHylrjfttr:^^^^^^^ Bunncfs at little or no Expence P ^ ^'f'' ^"^ ^vho did the -Ifland of NewfoundlaTand w ot' "^°,^'^ PolTeffi on s in the Nature of the Trade, but had Pmi r'^ '^'" acquainted with -Jg aked. Were they Merchants ?h <-"/'^'^^" '" ^'^-And b. Jl.'-^rchant that was a JuftLe of L P ''^' • ^^' '''''' ^"^-'v^ a bemg a/ked Were the/ Bo Keep / h" r '? 'x^/ J°^"'^-And called 1.; they might keep Boats.^ ^' ^'"^' ^"' "^^ P'-operly that the Juihccfoftle^&^'^.f.'^.^iiad not been there 1'^: f the Admiralty. He w soVthe O "'' "Y"^ ^'^^ Chief Jud.« any in u §[. ^^ [ 28 ] Mr. Williams is ItiH nii\t, .u.u u^... iime Dclcription. be a proper Pcrlun as a J"<^'^'^^;;\ ^ s,S._And h.L^ aHccd. Man of War who might be "P""! ^^^^^J^J ^.e Servant's Wages Whether the Forty Shillings ^^^^^^^^^^"^^^ ^,, if the I'aiTagc if he is brought or lent "^"^%;/^;/. 'J\he Difference is paid Money does not amount to ^^^y ."'^ "'^'^''servant is left behind, tothe Scrvant.-Andbemgufkcd inhcb^^^^^ No.-And ,sany Deduftlon made out ol \^\\7,;^,S^^' ^"„ ^^^de to tlK M^ being a(kcd. What Difference --\^';7^^;;" shillings into the chanl if he had been °b\'S ; ^^^^^^^a Sge 1^ HandsofaRcceiver who wastopiov de a 11 S j^^^^ ^^^„ ,,^,y Servant? he ddd. The ^'Aeren e th s d c IV ^^ fend his own Servants Home in '^'^ ° \" .^j^^- ^be Benefit that Ihc Servants of his ^^^'^^''^^^^'IJ^^^^tZA VelTels em- may arife from carrying Pallengers • Jhen, "^J^ Paffengers make a plo'yed on the Bank Fiihery ^ha by « ^ ^iJ^^^^^, ^, ships that Freight Home to Lngland : yT^V ^ Vn be. with a Receiver, it mould take the Paffengers to E"f "\\° ^ /b^ng them Home, would be ofmanifell ^^^j^o uch as now^^^^^^^ ^^ „^.^,^ and in all Probability a Jobb Bui neh ut n ^^ ^^^^ ^^^^^^^^ an Emc^ument to l;^:f ^^^^J^^ ^ of ^dmlnia^ing Jufti- did alfo.— And being ^^*V^^V , . Misfidorily adminiikred ? he he allude to. when he fod It was f '^^^^^^^^^ f.id. Th,u of fmall CompUunts bn g lui by ^ J ^^^^ ^,^^ Peace, thofe of larger by ^»;%J''\':i^i;" Admirals would de- Govcnor and Jury: At 1 ime. ^^^ G,,,,,or; thcfe Filh- terminc, an Appeal from w!..h us to he g,^.,^^ ing Admirals were fom.eti.nes ^^^ , ^Z ,^^,,vernor ever deter- Rooms.- And being ;f ^J' .)^ J^^ ^^I^ here it was requeued. - „,;ned without a Jury ? he aid. ^^Y^''^^^' Jc^j^^, to the Court ot Andbeing.flmmittec Two Papers, and an Account from his Agent, to ihevv tliat he had fuffered a Lofs in the Caufe of Mrs. Butler; which Papers and Account are as follow : " This Bufinefs of Mrs. Butler's Rent was heard in Court, and " Mr. Creed was prefent ; the Couit held that the Rent up " to lall Year was rightly paid, or rather let off by New- " man's Houfe; but that the Rent coming due in Dccem- " ber 171;! ought not to be let oil" againlt Mrs. Butler's " eld Debt, but paid tj her. "JOHN REEVE S, Chief Judge, " 31 Od. 1 791, " At St. John's." B. " PLEAS. •i iff I [ 30 3 " P L E 'A S. •* In the Supreme Court Nfland, at Port dc Grave, 12th Sept'. "MARY BUTLER "WILLIAM NEWMAN. '■ Judgment for the Plaintiff — Ex" iflued - - £. 2(). 3. ^ ii ' "PLEAS. In the Supreme Court, at St. John's, 00:. 1792. "WILLIAM NEWMAN " v. "MARY BUTLER. " Plaintitt non-fuited. £-95' I9-" ■«C >T No Balance due." I WILLIAM i' [ 3 12th Sfpt'. O «o c 29. 3. - C/3 <5 C^ >. IZi OQ Oh r*l • !0 cu l-H _] I-) t-H -ss w w . D,Oh 3 3 •T3 J3 c • y • with nent. "a N J< !_; 12; j>;2 « 9 "^ ^ * "^ i-i rt J3 d ^ ^- CI. -J 2 r^ rrl a 'W TJ ►— > T3< Oii 4ij li >>^ U3 ,U C u fc rt ii ue. I L L I A M c 3 O u u < <: « N N iJ ►—I -5 u 5 O H C . 6 On . C (^ 3 o « Q Q c rt X 3 3 jj s O) hJ ^ dJ >, as H S g 00 vO c< TS 1 C rt 4-1 J3 OJ Q CO Ii U 1 4>l s cq V, 1 rt ^H <^ C/3 ^.i W) C r-C E J < o U >o NO fa c 13 -a 73 C u o ,0 Oh NO lA < O 1= C ro O , o Your C 'p ] i ■Jf 11 II; ill Your Committee then c.dlal Mr. PETER O U G I R R. who was .Ikeci. By whole Authority is he deputed to come be- VOiir Com.ni'ttce to pive I'videncc ot t,K' Nc\vtoiuuil;md fore )' Trade? he Uud. By the Mcrch.uus tr.id.r,^^ there fu»n tnc uhole County of Devon ; by a Number of M.mufaaur.is wthm that Countvi at the Requcll of the Merchants at I'lymouth n(.t inmudiatcly ce:,ee.nea in that rilliery : He .s apnouUed -ly with Mr. Newman hy tliofe deputed from Scotland, l'-o"n Hnl- tu'., and the IV-i le ..,enaally in the Ilbnd of Newtoundland; by the Wifhes of the Merchants of Ireland, from whom he has lud fpxiuent Applications; as well as from People in general, not imiTiediately conn^xV.d in the Irade. knowing its great Utility. ■ ■ ■ not immediately con- that —And bein Talked, l^id he mean, bv thcle , .- , , ne.'ted in the Trade, fuch Manutadurcrs who lupply thole that are? he faid. He dc.s.--And b.ing alked. What is the prdent State of the Newfoundland iMlliery? he fiid, A reduced and cle- clininr State.-And l-eing delired to deferihe its former Situation, its Rii'e AvA Decline? he laid, It appears that fince the Hi ft Eda- blilhment of tins Tilhcrv no I aws nor Regulations have taken Phee but from the Application of the Traders to Government, before the Act of th • . 5'" of His prefent Majedy, nor were any former Law. cii..cLd witliout the Opinion ot the Traders. Ihat no Defcilptioii of Perf ns in the fitiu-ry have made fuch an Application lince li'.e Law nvuie by the Ad of King William the Third, but thev now Willi that the Laws, or ratlicr the Cul- trms, which were 'proved to b. beneficial by ENperience may be rmrtioned bv Parliament; that thefo Laws and Cuftoms^ arc kich OS were uf.'.al before the Acl of the 15'' of His prcient Ma- iellv was padld ; an.l that thofe who have been concerned, and hive been in this Iwiherv, are the .nod competent Perlons to point nut under uh.t L'.ws and Re.uulations it h ith heretoh.re in- crealcd ; a Wli it on exiiL alfo, under what Liws and Regulations it can and that 'it i^ the earneil: Delire of tlie Trade, to inake as miicii the Merchii le a Dritilh Eilheiv; that the Trade are rcac.y to ve their /-.inilanc. b.. oivip'- l;,foriv,ati<;n uther in framing Laws for that 1 urpole, or carrvuM t''^'-'' -^^' Execution, if (Government tl^nk their Opinions 'Uid \Vi!h^s oitg!u to have any W^eight, 1 hat t.us vlh-rv nu\ \ucv,.ac to a -rc^t Extent under former Laws and .\,t Extent under former Laws and Eiib-rv uia Culloms. That it is now in a declining State. not meet their Rival, at ALirket on e^iuai lerms. I'-^'^^thcle Th.t tl, y can- i Caulu 1 ■» ' i»m ii f 33 ] Caufes have procccdul from opprclllvc Cl.uif-s in Laws puToil of late Years, and from opprtfiivc Fees of Ofiico. 'I'liut tlic Fidicry was in a Hoiirilliiiig .St,.te previous to the pafling of fuch Laws, ihat the Sandioii of Parliament to have cllabli/heii the Ciirtoms betorc the A\ndbeingake.! At what Period was he acquainted with the French i ,ade r he laid. In the Years ,76^, 1769, and 17-0.- War? h. laid That the IrenchPoireirions in fome Parts were cxcr„;,ngcd imuh againll tiie Interelt of the Britifh FKhery, by js n.en .vlcnns they are in Polldlion of a Situation the beft in the aMi! ; T 7'' "/ ^;:'^'^^"'^^'' l^^'^'^' y"t the very worft, inafmuch as tn.t the Iruich Government did aliilt by Bounty or other- ^^ile: x li.le People carry on Filh.rics in that farmer Situation ^ which H [ 34 1 which wc nov/ poirds, aiul it gives them a Preference at the Spanilh Mirkcts, as that Situation proaiites the largell Fi(li, which is pakiTcd in Sjiain. 'J lie Sltiiatiou of the I'rencli Filh- cry, by the 'I'reatics ot Utrtclit ami I'aris, were fiich as put them in a Situation fo as to envy us in our Advantages ; fnice which they liavc regularly, from Time to Time, leeeivtd En- courai;einents. Uy tlic 'I'reaty of I'ari;. they coiilidercd themlelves ds cr.rrying on l-'ilherics by Leave, on a Britilh Illand: The People of Fra'nce confulercd thcmfelves fubjcd to Britilh Laws, when ♦ hat Part of the Illand, which w.is common to both, was under theDiredionof I'ilhing Admirals: This he ha>. fccn ; and has alfo feen the Advantages of fuch Authority and Power: 1 he Indulgences oiven to the French prcventc 1 him, in ijb't^, or therc.ihouts and many others, from continuing, or rather eftablilhing, extenfivc F'ilheries in that Part.— And being alkcd, If he knew whether the French Filheries were incumbered with Fees or Duties of any Kind ? he faid, They were not at that Time, and believes they are not yet.—And being alk.d, W hether French Ships are liable to Seizures, Delays, and Expences, under Pretence of Irregularity of Papers, or trilling Neglctls, to which ignorant Men are liable ? he Aid, He never heard they were, and believes not. r ' Mr. CEORGE CHALMERS, Ckrk to the Committee of Council for Trade, was called in, and alked, From whence the Com- parative State (;f the Britilh Filhcry to Newfoundland (prclented in the Year 1790) was made up ? he faid, It was made up from the Returns made by the Admirals upon the Station. — And being alli- ed, Was it in Fad the fame Account, as far as it went ? he faid, At the Time it was given in, it was conceived to be a true Copy taken from it, and given as an authentic Account of the State ot the Filhcry.— And being allied, Whether the Account ftiled, " A State «« of the Newfoundland Filhcry from the Year 1769 to the Year " fgi," which was prclented in 1792, taken from the Returns of the Admirals on tiiat >tation, is alfo an authentic Account ? he faid, It was conceived at the Time to be an authentic Account. — And being alked, Whether he had compared them liiicc? he fiid, No. — And'heingafked, If he could account lor the Ditierenccs that appear between "them ? he faid. If there was a Dift'rcnce, it might have arifen from the complicated Nature of the original Accounts, and from the Circumllance of their being made up with different Di- redions ; the Perfons who made them up may have eitiier millakcn the Directions, or millakcn the Figures by taking One Statement for another, and having been made up to dilf.rcnt Times. Your I [ ^ J ] e at the \ I'ilh, 1> l-ilh- as put s ; iincc id En- 1 L'lnlclvcs e People s, when ,is under has alfo ilgcntics uts iHid :xtenfivc Lther the s of ;iny vcs they liable to jl.irity of able ? he nittce of :hc Coin- pri'fcuted from the H-ing afk- ? he faid, rue Copy :ate of the " A State tiie Year Ict'irns of ? he faid, at. — And id, No.— luu appear ii[?ht have Hints, and krent Di- • iiiillakcn Statement Your Your Committee again callcil Mr. OUCH'R ; \v!io I'cggcd ta fjbfcrve, Tiiit the Opinion lie bar. before I'ivei". o:i the ()pcr,itionf. < f the Laws made fiiice the ACtof Kin^; William the 'I'hirJ, on the Newfoundland l'"i(hery, is not an Opinion formed from the Kf- Ict'ts ulre.idv experienced alone, but ;llo fro:!i the ill Condquonccs he clearly faw nui(l l\)llovv at the 'lime the Adl of the i ^tli of His prefent Majelly was paded. 'I his Predict ion he delivered in Writing to Ailmiral Campbell, near Twelve Years fince. This I'idieiy is carried on from onl) a few Port: in CIreat Uiitaiii; the clofcll Application, and the mort rigid (Eeonoiny, being abfo- iutcly neeellary in the Caiifc. The Merchants from SeoU, md, irom a fimilar Propcnfity, will, when tlie Opprelhons alliK'jd to are caufed to fubfide, alfo increafe in this 1 rade. '1 his rifnery, like all other I'rades, finds its Level, and only a certain Qiiantity of Fidi can find Sale at a Price that can liipport it j and a finall •Overflock reduces its Value below all Proportion of the fupcrllu- ous Quantity. Thofe who catch and carry it to Markets on the chcapelt Terms, will confequently get polleifed of the Trade, which will continue with thofe who are moll encouraged and leaii burthened. — And being defired to defcribc the different Sort of Fiflieries ? he laid, TheC'ad l''i(hery is diftinguifhcd by the different Names of a J3ank and Shore Filhery ; the Hank l"i(hery is carried on in Ships from Forty to about One hundred and Twenty Tons Burthen, their Crews from Seven to Twelve Men each o!i Board, •and on an Average nearly Three Men on Shore are employed to cure the Filli. I'hefe VefTels are, excepting very few, Britilh built, and only a moderate Capital is required to carry it on. This liank Filhery, to be encouraged, would nurfc in each li'ear more Green Men than all the Greenland Trade in any One Year. The Boat Fillicry was carried on chiefly by Bye Boat Keepers from England, whofe Men went out Pali'engers to Newfoundland, and returned at the End of the Fidiing Sealbn to their refpeftivc Relidcnces in F:urope, with only a few necelfary Exceptions. This F'idicry was originally carried on by Perfons in the Situation ot Day Labourers, in which many have often been employed at Home in the Winter Scafon, v.idiin thefe Twenty Years j thefc Boats Crews are from Three to Seven Men each, and on an Avc- ra:H' fro.n Two to Three Men are employed on Shore to cure the Filli, and provide Bait for each Boat- the Tonnage of thcfc Boats is from Five to Twenty-five Tons. He recolleds when it was confidcred that not Icls'than Two hundred and Fifty Men, engaged in this Sort of FiHiery, employed Annually from the County of Devon, not Icfs than Two thoufand Five hundred Men ; J: f*1^ if i ] Akii ; at this Time he fcarcc believes there are Twenty Bye Boat Keepers ia all now left. The VVitnefs begged Leave to Hate to your Committee, That tiierc were, in the' Year 1776, Nine Merchants carrying on the Trade .'.nd I iihcrv to the Bay of Bull?, o\' whom Five are infol- vent ; One retired from his Bufincfs on Account of the Trade being a loling one ; another died, without any one fucceeding to the Trade ; and tlie Two remaining do not carry on above Half the Trade they did at that Tune -^ he (the VVitnefs) is One of the Two, and iliould (.crtainly increafe his Trade to its former Extent, or grea- ter, if the Inconveniences complained of were removed. — He begged alfo to (late to your Committer-, That in this Diilrid there wa-e in the Year 1776 Eighteen Bye Boit Keepers from Eng- land, and Ten from Ireland, who carried out their Servants, and returned with them Annually i that Number, he recoiled.-, and has a Liil of their Names. There were alfo more, whom he does not remember. In the laft Year there was only One of each De- fcription remaining. The Relident Boat Filhery was caniul on by f'me Refidcnts, for whom the Merchants in England ukd formerly to fend out in their Ships a Number of Green Men, and others for the Purpofe of Manning their Boats, and which Men their Ships ufed to carry back again after tiie Fiihing Stafon to tlicir refpedtive Refidences in the Britifh European Dominions. 'ihc Refidcnt Boat Fifliery is now provided with Men, partly by the Natives, and in fome Proportion, perhaps a Sixth Part ot the Number, go out and return Yearly from Great Britain and Ireland.— And being ai'kcd, If he meant the French have an Ad- \aiitage from their Pclfeffions under the lall Treaty of Peace, or from our F iiiicrnun being rcftrictcd by an Ad palled in 1787, forbidding them iiihing from Cape Ray to Point Riche .? he laid. They certliinly have an Advantage by the Treaty of Peace ; but that Advantage was greatly increafcd by the Ad of Parliament allud.'d to.— And being alked, Shi.uld we carry on the Filhery there again if that Act was repealed } \v^ fdd. Thole in a Situation near itVould acquire an inunediate Advantage botii in the Sal- mon FilFiery and the Fur Trade. With reli)cdt to the Cod Filhery, it vvou a be hiz.irdous, from the Apprehenlion of being removed at a r turning Peace. Had that ^ntuation been polTclfed by Great Britain ..lor-.e^n the laic Peace, he iiimlelf had pi-epai'ed the Eila- blidu. ent for a 'i'rade liiere, which, had not the Burthens com- phuiK-d of been l.ud on tire Filhery, would b.ave employed by this Time full Oiv. thoufand Two hundred Men, that would have gone Bye Boat ttce, That ing on the arc inlbl- ^r.ule being the Trade; the Trade Two, and it, or grea- oved. — lie idritl tlicre "rom Kng- vants, and illcdt--, and jm he docs )f each De- canii-d on glar.d ukd 1 Men, and vhich Men ; Stal'on to minions. len, partly :th Part of Uritain and lave an Ad- f Peace, or d in 1787, e ? he laid, 'eace ; but Parliament he Filbery a Situation in the Sal- od Filherv, ig removed :d by (Ireat d the Ella- thcns com- n ployed by would have gone [ 37 J gone from Euiopc, and returned again Annually. — And bein" ifked, Did the Men he bad defcribcd as curing Filh on Shore re- turn Annually to Kurope? hefaid.They generally did. The People whom he has mentioned to be necellarily left at Nev/foundland arc of this Defcription. He ha? known only One Pcrlbn left in the Charge of Four or Five Bye Boat Keepers Hffeds in the Winter, but the Number mud depend on the Coniiition of the Buildings on whicli the Fifli is cured. He never knew a FiHier- man remain in Newfoundland the Winter from Choice. No Winter Servant can earn as much for his Mailer as the Fxpcnce of his Provifion (he means to I'pcak to the Cod FiOiery onlv). He apprehends the great Increafe of Inhabitants is molllv at St. John's, and from thele Caufes : Firft, From the Iiitrodiidion of Luxury, which has been caufed by late cftabliHied Laws creatin" unnecelfary Offices, and the confcquent menial i^ervant? of the^ Officers, particularly the Increafe of Female Servants : He means the Officers of the Culioms, and the Officers in the Eftabliflimcnt of the Court of Common Pleas. The Number of inhabitants is alfo augmented by Ships going from Ireland to the Continent of America, and in their Way leaving a great Number of Men, brought out as Paflengers, on the Ifland of Newioundl.ind, who could get no Employment in the Filliery. Tiiefi; Men did o-ene- rally remain in the Illand. This happened only Once or Twice, from there being no Perlbn to pay their Outward PalHigc. And being afked. Whether the Bye Boat Fiihery fiom tjiis C^ountry is equally decreafed in the other Parts of the Ifland, as in tiie Bay of Bulls? he faid, In his Opinion it is. GEORGE CART WRIGHT, Efquirc, being exa- mined, informed your Committee, That he was an Officer of Foot in His Majeily's Service. — And being alked. Whether lie Jias been in Newfoundland ? he fiid. Yes ; feveral Times. — And being afked, In what Capacity ? he laid. Twice on Pleafure, and Five Times on Bufmels, in his Way backwards and forwards to Labra- dore ; the lall Time he was there was in 1786 ; he has been mucli in that Part of Newfoundland inhabited by the Native Indians ; he has Reafon to believe that their Numbers are confuier- able, but he cannot Hate what fhc Numbers are, as they liave l-ccti fo much chafed and driven away by the Filhermen and Furriers, And being rdked. How near to any of our Settlements do tjie Indians cuine ? he laid, They iVcquently come in the NiL;ht into the Harbour to pilfer what they can get, to fupply their Necef- fities.— And being alked, \Vhat weie the Articles which they gfKjgl^ tmm [ 3B ] ir.(.rHv P.cal ? he C:Ad, Seals, Hatclicts, Boit Kettles, and fiicli ofiier'l hiii'js ns' Yhcythink will 'be of Ujci they, ufe the Seals ;is c'overint; their VVi;jv.'ams oV Tents. — And' being afked, Could he' ftute any P,\rfiriii\rs retpsclring the Condition of .the Indian- in NtW^oiMuilir.d ? he laid,' He tlvinks their Condition is very wrerrhcd and forlorn indeed; our Filhermen and Furriers nnirdcr nnd plunder tlu-ni whenever an Opportunity offers; he has heard inanv of thtm hoaftof the' Murders they had committed.— And beiv.i; allced. Did he ever hear of the Firticrmen and Furriers iTiLOting at the Indians for their Amufement ? he faid. He has heard many lay they had Vitthef have a Shot at an Indian, than at a Deer: A few Years ago there were Two Men, One of whom he knew perfonaliy, went up the' great River of Exploits in the Winter, on purpole to murde'r and plunder fuch Indians as they ccnid meet with; when they got to the Head, of the River, where it comes out of a great Lake, they met with an Indian Town, containing above One hundred Inhabitants j they im- mediately fired -upon them with long Guns loaded with Buck ."^hot ; they -killed and ' wounded feveral, the reft made their Efcape into the Woods, fome naked., others only hal.f-c!oath- •cd ; none of them provided with Implements to procure ci- «^^hei- Fond or Fuel; they then plundered their Houfcs or vVi^wams of what they 'thought worth bringing away, and ■burnt the lell, by which they muft neceflarily have deftroyed the Remainder, as' they could not exift in the Snow. — And being rrikcd, If he meant to' ftate, that the Conduct of the Fifliermeu :Thd- Furriers to thejndians was iii general of that cruel Nature, or that thefc were 'only particular Inftances ? he faid, He has Reafon to believe, from the Converlations that he has had with the Fiihcrmen and Furriers of thofe Parts, that there are very few who would not have done the fame Thing. — The Witnefs having ftated, that the Indians fometimes come down into .the Ports ^vhere our Cod-Fifliery is carried on, and fteal various Articles, he was allied, Whether he believes that that was in Confequence of iiny Provocation or Molcftation they might have received from the Fithcrmen and Furriers .? he faid, Moft certainly, and alio fiorn the Impofhbility of their ever getting any Thing they want hy any other Means; he has been well aflured, that formerly a very beneficial Barter was carried on between our People and the Indians, fDuiewhcre near the Port of Bonavifta, by our People leaviii;^ Goods at a certain Place, and the Indians taking what they vv'anted, and leaving Furs in Return ; but that Barter was at Length put a Stop toby One of our Fifhermen hiding himfelf near .the iMace of Depolit, and Ihooting a Woman dead upon the Spot as Ilie was fuitmg hcrfelf with what ihe wanted. — And being alked, [ 39 ] afkeil. Whether lie believes, from what he has {'icn of the Indians, tl\at any latereourli; could be again eftablillied between them and the Britifli Fifhermen and Furriers in NeVvfoundland r he faid. He. thinks it very pofllble and practicable ; that he gave in a Phn fcvcral Years ago to Adminiftrativ-jn for that Purpoie, and tlien ftatcd generally thefe Circumftances, and he offered to undertake the Execution of it himfelf. — And being atked. From what ho has feen of the Indians, i^ld they feem to be of a more fanguinary •and lavage Difpofition than the People in that State of Society generally are? he faid. By no Means, for he has heard many Jnilances of their laving the Lives of our People, when they might very eafily have put them to Death ; he heard One Man tell his Mailer, that a, few Days before he left the Bay of Exploits, as he was going to land put of his Boat to look at a Trap which he had fet for an Otter, he was furprifed by the Voice of an Indian, and •on turning his Head, faw an. Indian ftanding on the Shore with an Arrow in his Bow ready to (hoot him ; that the Indian made a Motion with his Head for him to retire ; he was then not above Four or Five Yards from the Indian . he immediately pulled his Boat round, and rowed off as fad as he could; that the Indian re- mained in the fame Pofture until he had got fome Diflance from the Shore, and then retired into the Woods ; that the Firticrman then added, that he regretted not having his Gun with him, as he would have fhot him dead upon the Spot.— And being afked, Whether the Indians are large and ftout Men ? ho faid. From Avhat few he had feen, of them, he believes they arc'. — And being alkcd. Did the Cruelties which he has mentioned to beexercifed bv the Fifliermen and Furriers to the Indians happen in Summer as well a? in Winter? he faid. Yes, in both, but more Opportunities happen in the Suinmer than in the Winter. — And being afked. Did the Merchants and Perfons who go out from this Country to Newfoundland ufe their Influence and their Endeavours to prevent fuch Praftices ? he laid. He did not recollect an Inftance of it.— -And being allied. Had the Magiftrates ufed any Exertions to prevent thofe (Outrages ? he faid. There are no Magiftrates re- fident within that Dillridb that he knew of, he means the Diftridt between Cape St. John and Cape Freels. — And being afked, Whether the Magiltrates refident within any of the other Dif- trids were capable of preventing thefe Horrors, if they exerted themfelves for that i'urpofe f he faid. He does not believe they could, becaufe they refide at too great a Diltanc^. — And being nlked. Did he con.?eivc tliat thofe Horrors could be presented vv'ithout the Ellablilhment of a regular Court of Judicature in iscvvfoundland ? he faid. He thinks that if his Plan, or fjiiicthino- •hiuilar to it, was adopti'd, it would cifjdually prevent every T.unir of 4 Jl^-xf^f^ .1 »m II HMimiia<> \\ \ V m'l [ 40 J ^f the Kinti, nnd the Offender might he carried to St. John's to be tried hy r.ny Court of Judicature elbiblilhed there for the Trial of Criminal Offences. — And being allced, Whether there is not n Trnde at prt (('lit carried on with the Indians ? he laid. No : He knew not when tlic Intercourfe was interrupted ; it was Twenty-levcn Years ago that he firft heard of it. — And being r.fked, \Vhethcr there is anv Englidi Merchant that carries on a Filhery to the Northward of Cape John? he faid, Not now, he believes. — And being allied, Whether the People that he fbtes to have committed thele Enormities were Annual Fidiermen from England, or Refidcnts in Newfoundland? he faid. Generally the Relident Eifliermen. — And being afk.ed> If'that Refidence was pro- hibitcd, would not thefe Enormities be in a great Meafure pre- vented? he f\id, If Refidency within the Diftrid: he alludes to was not permitted, it would in a great Meafure have that Effcplv to them. — And being alked, Whether then there arc not Hritiih Seamen fupplied by the Merch.int ? he fiiil. They are fupplied by their Employers with JVhjMcy to piirthafe their Neccllaries betore they embark ; lomc other little Neccllaries, they may want in Newfoundland at the Out Ports, they generally get f.om their Mailers, but at St. John's frcijuently from thole Huckllers, to whom they make Payments by an indorfemeiit of the Amount, payable out of the Bills they have received from their Maftcrs : All the Seamen arc paid before they leave Newfoundlmd the Amount of their Hai;Micc. — And being alked, Does not the Art of the 15th prevent the Merchant from iupplying the Men with Goods to more than Half the Amount of their Wages ? he faid, It does generally, ex- cept in Greerj Men. — And being alked, May not the Huckfters fupply them to any Amount with Impunity? he faid, They doj he had paid many Thoufand Pound- in Jiills, which h.ive come from Hucklk'rs in that Way: Huckllcrs, and People of every Defcription, that are not immediately employed in the Trade or Filhery, mull be ccnruiered as Burthens on the Fllhcry. With, ret'pert to the flopping Forty Shillings for each Man's Paluge IIoMi.?, before this Att w.is in p'orce there w.is a regular Method taken by the Traders, and which provided Freights for their Ships from Europe and back ; every Merchant provided a .^hip in Fnglaiid to carry out his own Servants, and thofe of the Bye Boat Keepers with whom lu- vas connee'led. Ships were prep.ired alfo for their Return back j mofl Merchants had :illb a Ship each. Yearly ro Ireland, for the Purpofe of carrying out Fi(!ierinen for thole Bo.it Keepers and Refuients with. w!u):n he was conncc'lcd, and alfo prepared a Ship for' their Return, the Men always having a Choice to return in what P.illeagers Ships they pieafed ; this cattll'd the Proprietors or Owners (;f Ships to make proper Accommodations, in order to obtain a Prcterei'.ce. — And being alked. Did it not ofren happen that the Seamen had no Balance remaining froni their Wages to pay a Paliagc ? he laid. It very frcqiientiy happened to Green Men, f^ldoin I. [ +9 j fcldom to other"!.— Anil htinjr alkcJ, J)i(l not the M.irtcr in that Ciifc hriiin tlic Men 1 Ioiik ? lie liiid, Yc , ; it vv.is rilual to provide a I'alT.igc tor the Men Home j he Inul ot'ttn given Men I'aliiigcs Home in thofc Cafes. — And being alkeil, ! iov^ has that Claulc ol' the Ai5t rpcrated to thaiigc this Method .? he laid, lie does not apprehend it has made any Change, as no Compullion wa« necelljry: It i.s carried into Execution, he believes, generally j Forty ShiUing^ is dedndcd from t)- -ir Wages when the I'allagc amounts lo tliat. — And being aiked, Whether it is deducted from the Wages of the Winter Servants .? he faid, They always are from thufe in his Service, and he imagines from thofc in every Body's die's Service, but he has always re- turned the Money ('oppcd lor a Man's Padage Home, whom he has known to be hired as a Winter Servant for thofe engaged in the i'irticry, or who hive returned to Iwigland as One of tlic Ship's Crew, or oth.erwife fatisfied the MalleV of the Ship with whom they returned. — And b.cing alked. Was that the genera) Pratlticc ? he faid. He believes it is fo from the County of De- von j he kn nvs no Inllance to the contrary. The Maller.s ot Ships who bring Paflengers confider this PaJfure P.hjney as their I'reight ; and without aiking tlie Paffengcr whether oi not, lie lias tlic Means of Payment, take down the Mailer's Name whom he fervcd the lafl Voyage, and apply for the Payment of the Paf- fagc to hi, a in England. The Witncfs has known 'i'wo Inrtances of Mafter; , who did not referve the Pallage Money, compelled to pay the ^ -.'ns PaHIige by a Magillratc in Dartmouth. — A.iul being ailved, \', hetlur it was not then ufual for the Mailer to referve Forty Shillings, in order to indemnify hiinfelf agaiult fuch Calls ? lie faid. The Two Mattus alluiled to happened\vith TwotJreef !\Icn, who, from the Spirit of Contradie'lion, would not go iji their Mailer's Ships, which ieldom happens. — Upon the Qudlioii being repeated, he fiid. It is uUial to re'ierve as nu:eh as the Paf- fage colls. The Paflage Money varies according to the Price of the Seafon.— And being aiked, What was the Average r he faid, About Twenty-four Shillings.— And being atked. If the Bill moved lall Y'ear had only propofed tb.e curren't Price of the Pafiage to be paid for each Man, what DilVerence would it have made to the Mticbanr, fuppoling liim now never to make this DcducUoii from the Mens Wages, excepting with a View to the Payment of the Pafiages .? he faitl, It would in the Firtl Place take from the IMerchants lo inuch Freight as the Ships would make Home irom their ov>'n Dependants, as the Perlbn appointed to rece've it WO' Idcaufjthc Men to go in thofe Ships, the Owners of which were has imniediarc Dependants, or he would hire Ships of any Clals ar Dcfcriotion, nroncmr improper, if h- plcafed, and facrilice the Comfort (' !, \\\ I 50 1 •Comfort of the Servants : So particul.ir has lie known the IriOi Pallcnecrs to be, that in 1783 a bhip bcU)nging to Dartmouth, was loll going from Ireland to Newfrnindlana witii Pallengcrs : In confequence not an IrilLman would go as a Fallengcr in any Ship belonging to that Houfe for fome Time alter.— And bein^- aiked. Was anv fnch Power propofed to hi given to the Recaver by that Bil'l ? he faid, He did not rccolkd any luch particular Power, but he is well convinced that any Reftramts of tl'vs Sort would be utterly objeaionable to the Merchants, Boat Keepers, and all the Servants throughout the Fiihery, and that it would ultimately in a great Meafure tend to Us DeftruAion. —And being alted, Was not every Seaman kit by that Bill to chufehis Paluifre in what Ship he pleafed ? he lud, He knew nothing to the contrary.-And being alked, Were there not Claufescnading. that every PalTage Ship ihould be luthcieritly fupplied with a given Quantity ot Provihons ? he laid, Yes: at which he was totally ailonilhed : It cannot be iuppofed that a Ship waiting for Freight would not be accommodated with that which ihould prelerve its Freight, nor can it be luppjlcd •the M after of fuch Ship would leave Newfoundland m a Situa- tion that he mud expedl himfelf to be ftarved; v/hich muft be the Cafe with him, as well as his PalTengers, it a fuihcient Sup- rlv of Provifions is not put on Board. -And bemg aiked. Did not the Merchants, on their Conftrudtion of the Claule for bring- ins Home the Men, apprehend the Effeds he has ftated ? he lud They all did.— And being aiked. If a current Price was raid mult not it vary according to the Time the Man was dif- cir>r''-ed > he fiid. He has known the Price ot Pallages vary Five" Shillings or more in the Courfe of a Week ; that he has a Ship of his own to go, in which the Servants in the Diftrict and Neighbourhood would at all Times readily pay I-ive or Ten Shillings more for their Paflage, than in aiiy other Ship of thit Ncu'libourhood : The Number of IriQi Paflengers at S^ lohn's latl Fall propofed to my Agent to give Ten Shillings nn-iT lor their PalTage than the Current Price, if he could con- veniei.tlv have knt the Ship to Ireland with them.— And bemg -lied Whether then, if the Current Price was paid to the Receiv- cr'on'the Dilch ri'e of the Men, and no Pallage to be got at t!)at Tii-e how was the Receiver to provide One, if the Price role ? he lud Out ot his own Pocket, he fuppoled.— And being alked. Whether he thought any Regulation could take PLice, which wo'ild bring the Men Home at a lefs Expence. and better iecu re the Return of the Men to England, and give greater Satis.adion 'to ill Parties ? he faid. He knew of no Regulation ki this In- ■ ' Itance, !!! t 51 ] If ihiKC, or in any other reipedting the Newfoundland iMlhery, l>y which it can be nut on a better Phiu than Cufto.Ti had brought it to, pr^.'vious to the Adt of the 15th of (Jeorge the Tliird. — And being aiked, VVhcth-jr the Number of Refidents, from the loth and nth of William to tlie 15111 of George the Third, has encreafed ? he fuid. Undoubtedly they have encrcafed. — And be- ing ;dkcu., How then did he mean, that the Plan eftablilhed by Curtorn was furlicient for the Prevention of that Evil ? he faid, lie dues not apprehend it w: s ir.tcnded at firft to have been pre- vented altogether. — And being alkcd, Had the Enercafe been greater than can be accounted for by the natural Courfe of Popu- lation ? he fiid, No. In th.c Year 1775, Mr. Dunn, being CoUedtor of the Cuftoms, and having fc-cn the Bill to lu- brougiit then before Parliament to regulate the Newfoundland }-"i(hery, he obfcrved with "reat Anxiety, a Rcdudtion of what he thought the Emoluments ( : hi;. OtHce, and through the IntereH: of his Friends procured an addi- tional Salary for himfclf and the Comptroller, in lieu of Feef, and expreffed tliole Sentiments to the VVitnefs at Newfoundland • he told him alfo, that it would be in his Power to coUedl Fees from thofe Ships who (hould even take on Board Oak Staves for Dunnage, that not being the Produce of Nev/foundland. Mr. Dunn's Idea was, and which he exprelled to him, that Ships in this Filhcry, navigated according to Law, might import Goods for the Purpcfes of the Filhery, with no further Expence than a Fee of zs.Gd. to tile Cultom lloufe : And he alfo confidcred that Ships which (. ar.icd notliing off the Wand but Filh and Oil were liable alfo to pay no more than zs.bd. That the Witnefs paid himfelf in the Year i79o for One Ship which was navigated according to the Adf of the loth and i ith of William the Third, which carried no Goods there but for the Purpofes of the Filhcry, nor brought any Thing from New- foundlanil, but Filh and Oil, and Palfengers,/;. 14. yj ,. — this Ship took Thri'e Cargoes from Newfoundland that Yearj Two to Por- tugal, ;.;id One to Ireland and England: That he paid, for a S!oopc)f poout Sixty Tons Burthen, in the Year '791, which went from Lc,ndon to Newfoundland, and from thence to Spain, •/"•5' .vf-— iii^ touched at Two Portb in Nen-foundLr.id : That he has paid for fundry Sliips, which have been fitted out for the Banks, and have (irfc 'mdcd Goods at Newfoundland, extraordi- nary Cudom lloife Fees, which the lad Two Years he rcfufed to dy, jucrely that the Matter nii-ht be brou-ht to IjRie rlnr ** !>■ ^n * ^Hi^'*'' "" 4»- «MM MUM I 5^ ] That he prcrunic<; to c i. •iff. le Witnefs Newman of Briftol ; the fiiid ch are as Decern O2 [ 55 1 Tl ic ESTA'lE of JOHN T II O M li Y and C% ill Account \ D'. 1791. Nov, 17. i" 19. 28. UcceiTi. I' .\ Thomas RiiiVtll •— — To p Paul lolin Thomas's Fairige Jo!.n M'Kic, p il him — -~ Martin Davron, paid l>im — 23 >4 — — I 10 — 49 Sets of i:xch;ineo f'-nt Charles Garland, l 1- fq. for Servants Wages Maurice Wallli, paid him — — ' 537 14 John Meaning 2 Sets of F.xchange j ij 16 10 fent C. Garland, for S. Wages , D" __ __ forPafTagcs tolrclar D* — — 8 D' — _ D- — for Servants Wages - 6D* _> — — \y John Hartery — Johi AO 17 200 — '1 1 — — aoc I D' Mcarnon S" for Servants Co 14 Set Exchange, paid James O'Donald — 1 D* 16 15 — _ _ I'atrick Flieian — 12^9 5 a — 15 — 6 Jane Cook, Rent - _ _ _ John Moore, Doaor I 5 {)- — John Coilells — IV — paid C^aiU's Garland, fcr I'alTages , Sets l-xchinge, paid Hart and l ppes — j 54^ 4 I n* So mucli paid ' So nnich paid ! ir — Alex' Cormack 99 4 9 __ — Adam M'Ciafliand 183 5 — C'ullom 1 loufe Evlward Idmcs 89 JO — — 44 Cieorreand Rob' RoU — Rich art Ricd — — bo nnic!> I) So nuic d Rich' V.iU'ntine (".;;ir. Watfjn, in h paid Lionel Chanccy, Part of liis Debt for I-'ecs — D" - J RdhcrtS; for Hire of a Skift ffOIU P, Cj' Cove CO H. Grace _ « » 5 f ' 3 00 80c 8 13 4 7 — 1791. Bl Decern. 24. [ 55 1 EY and C% m Account with HENRY PHILLIPS, Sheriff. 1791. Decern. 24. Oils. By Rich' Valentine, — 250 Fi'h,a. 14/2 ~ William Danibn, 2500° — h/' — n- — — — — 500 D" — 14/i — \y — — — — 500 — 14/7 "■ D» _ _ — — 500 — — D» — — — — 500 — — D* — — — — 204 — 14/* — Hugli Rowc and Son, 1,200 a. different Prices 3,904 Qtls. William Danfon, 4S<^ — 9/^ "" William Henderfon, 215 — 9/ ~" William Danfon, for J the Fricndfliip Net Proceeds of fundry Goods fold at H. Grace — — "~ Difference in Irilli Exchange — — 177 I 8 176 — 10 354 3 4 364 II 8 364 1 1 8 364 II 8 144 10 — 563 6 8 216 12 — 96 15 — 210 — — 1,253 15 10 41 4 6 C. 4.317 4 «o 4.3^7 4 10 O2 D'. So imitli paid Capq D- _ hh iv — j'4 U° — '(^r I Sundry Writs and CommifTion en Sal* ^c. 4 Guaranteeing £. 3,4 Paid Philip Ryan's Paid Cuftom HouHl 44 Days Bj Friendl: Cadi paid for remo' Gaurd and C" So much paid O'Br IrilhBill — So much paid B. fions on Knglilli Amount of fundi Etlate — Timothy Gearing's Alexander Newbur To fo much paid I Paid Jofcph l,'>w Trouble ior IcU Grace — Paid John Afh, b) Paid for Three E)C lo paid George a| Tt) paid Michael 1 £• c. 4. .1-7 4 lO 39 '5 6: 12 7 4 " i • 4,3:7 4 10 "7 4 —i P II I LLI PS, Sheriir. N* 1. C 1 1 A I< G F. S o ■^ ;"*wj !gii|ii tyi) '|i '. i The ESTATE of JOHN TI D'. So miich paid Capt. VVat'oii, Bal.ince of Ac. — I)» __ Hvi':h Kfcvc anil Son, Balance of ilK'ir Ac. — — ly — Joffph Bower, Balance of Ai. - D° _ (or .iii()r.iifinR an.i dclivfring 4,575 t^K. Fifli, anilrollfitinj!; /. 2.45 2- **• 3> t''*^ Amount of 1,1 id l-'ilh — — Sundry Writs and Executions — — — Commiflio:i on Sales, for ;^. 4,186. — 4, a. 2} <^C. - — _ - (iuarantecing^. 3,6:6. 8. 4{, a. /]. 5. -^ C. Paid Philip Ryan's Wages — — Paid Cuftom Hoiife, for Brig Friendlliip, I'ees 44 Days Bailiff's Attendance on Brig Fricndfliip — — — Cafli paid for removing D% unbending he. Sails, Gaurd and C" — — — — So much paid O'Brien and Hunt, Commiffion on IriJhBill _ — — — So much paid B. Short and Collyns, Commii- fions on Knglirti Bills — — — Amount of fundry Executions againll your Ertate _ _ _ — Timothy Gearing's PalTage and Stock — — Alexander Newbury's Coffin — — To fo much [laid Luke Maddock — — Paid Jofeph Lowman, for his I'xpences and Trouble for klling tiie Property at Harbour Grace — — — — Paid John Afli, by Ordc-r of the Chief Juftice Paid for Three Expreifcs to Harbour Grace — Balance — — 196 1 3 188 3 305 16 I 42 I 54 15 107 3 • 181 6 5 II . 2 12 II — 3 »6 6 17 5 « 5- '9 3 5 — U 25 14 17 10 8 8 6 6 lo paid George and Thomas Rough TO paid Michael Foriian — 45 14 71 9 N* I. [ i6 ] STATF. of JOHN THOME Y and C% in Account with H E N R Y PHILLIPS, Sheriff. il.inceofAc. — 196 1 3 4 d Son, Balance of — — 188 3 6 Balance of A . - 205 16 10 and dclivcTinc ifh, iindcolk'tting | 3, the Amoiiiic :86. — 4. a. 2 } a.yC-S-r C. ?riend(hip. Fees :ndancc on Brig bending hei Sails, nt, Commifllon on Collyns, Commif- ons againd your d Stocl< — — his I'xpcnces and opcrty at 1 l.irbour the Chief Jufticc larboiir Grace — 4: I 3 54 IS 6 107 2 — 181 6 5 5 II — 1 11 G II J 16 6 6 17 7 5 I — Kough 3 5 — ■3 6 25 '4 3 >7 10 __ 1 H 8 10 : (y 6 — 4,287 12 7l £' 39 12 2i 4>.T-i7 4 10 45 H 9 7' 9 i:."7 4 -f c. By Amount brought over — — Balance — - iC. 4.327 4 10 By Balance — — — By Michael Cafey — — — Balance due — — St. John's Newfoundland, 3d Nov. 1792. 39 '2 'S 7 62 4 I- " X 9 I 4>327 4 10 JI7 4 — f (Errors excepted) H. PHILLIPS, Sheriir. C n A R G E S O 3 IP [ 57 ■ r CM'IAR(;T-:S made I7 1I1C Shciilr of St. John':;, ih l^cw- loiiiidhuul, in a Matter of Baiikruj)tcy, in iy\)i and 1772. IP 107 j8f Paid for apprailiiij.; (j'oodg — — Wiits and lixctntions — Coinniillion on Sales, /J. 4,2S6. 4. 4, at 2 ; .|/y L" — _ Ciuaraiitccingof the Hills taken, 5 <(/y C" N. H. 'Mic Goods were foH by piililjc Auction, with an I'xpiri:', Condi- tion, that the I'uivh.itir.s OiouhJ i^ivc Hills, with lUKMcptioMahlc Indorfcis, which was dune. I'aid for 44 Dayj Haiiiirs Attendance — j^". n lor Excvutiuns — lor ftlliny Property Paid a Conllahlc, .(^ Ord' of Jud'oc Keeveii — I'aid lor Ivxprelli's _ '? 4 I'aiii Dcp.ity Shcritr, Uonaahlcs, and Auclloneeri' — 1 1 " ■' 2 ?2 "; 6 '7 10 — S 8 lu 6 6 ■MM — nz 16 574 '• 4 J-: II R o ji s "•—wosass-Ksaswtr I S8 ] "ERRORS in SheriflTs Ace'*, and for which hercfufedt* account for. So much faid to be paid to the Cuftom Houfe, and to Hart and Eppies — — £. 89 lo — D* Richard Reed — — Hugh Rowe and Son — — Rec" of John Thomey, but not Credited — — — John KifFernan — Error in carting up Ace" — The Difference between the Money pop- ped to pay Paflages of Servants, and the Money the Sheriff paid for Paf- Xages in 1 79 1 -~ 15 16 3 42 5 4 54 IS 4 10 4 8 jC-339 II 7 The [ 59 j rhe S T A T E M E N T of the I.ofs fuftained to the Eftate by the Sheriff felling the Goods for the Fifhery, at a Time whea the Fi/liery was over, and the People gone to England, &e. The Goods which were then fold, agreeable to Invento- ry, were valued, before the Attachment took Place, and after the Bankruptcy happened, at ;C-3i069 3 The Neat Proceeds of th"le Goods, when i'dd by the Sheriff, amounted to but — — _ i^^^. , 10 The Lofs incurred — ^C. 1,715 a r A^.£. The whole Amount of thcEffeds of this Bankruptcy, on which there have been fiich Charges, Frauds, and Mifinanagement, was ■'^I't /^- 4.237. 4. 10. And the Witnefs being t\irther examined, was aO^cd, How long he had carried on the Trade ? who laid, Eighteen Years.— And being alkcd, Was the Failure cf his Concern (in his own Opmion) occafioncd by the general Decline of the Trade > he laid, He thought it did.— And being alkcd, Was Ids FiHi cauglit ? he l.ud, ^'cs, in our Bay.— And bcini> ail;ed, W:'s Ids I- nil lold? he laid. He could not tell.— And l;ang aikcd, Did he ever know the Cullom Houfc Officers fit as Julliccs of the Peace in any Cale where their Fees or the Revenue itkjf was concerned ? belaid, ric could not recollec^t.—A-ul being alkcd, Whether he meant to enter the 1 nule ag.iiii r he laid. Me doe^.— And bcino- alked, Wliether his Concern at Newfoundland was not folvent ' • i' when I ■•■• 1. 60 1 when his Partner broke at Briflol ? he laid, He thought it was, but It did not turn out fo. — And being afked, Were not the Ef- feds fufficient to pay all the Newfoundland Creditors ? he faid. They were. — And being alked, How then had it been a lofing Trade ? he laid, There was enough to pay the Creditors in New- foundland, but not thofc in England. — And being alked, Why then did he mean to return to a loling Trade .^ he faid. In Hopes the Filliery may prove better in future. — And being alked. Did he enter into the Trade with any Capital of his own ? he faid. His Partner had a Capital of Four or Five thoufand Pounds, and he had about Three hundred Pounds when he entered with him j his Partner was concerned in fonie other Trade. — And being alked. Was that other Trade a loling One ? he faid. He believes not. 'as, Ef- ildj ing w- len the he «is he mj ing ;ves