From A. D. 1728, to Stat. PART III. orbitant rates, though the merchants would supply them at a moderate advance. After ftating fuch plaufible topics, which, it was well known, would always be lif tened to when Newfoundland was in queftion; they prayed, "That fuch juftices might have no power during the ftay of the fishing fhips; but that the admirals might refume their authority, and that the commodore and captains of men of war fhould be ordered to be aiding and affifting to them therein *. authority of the This competition between the fishing admirals and the juftices was taken into confideration by the board of trade, who Opinion on the called for the opinion of Sir Philip Yorke, then attorney-general, and he reported, that upon a view of the commiffion to the justices, of Stat, 10 & 11 Will. 3. and of all the complaints, it appeared to him the whole authority granted to the fishing admirals was reftrained to feeing the rules and orders contained in that act, concerning the regulation of the fishery, duly put in execution; and to the determination of differences arifing between the * Bund. O. 104, 105. mafters 1728, to Stat mafters of fishing boats, and the inhabi- PART III. tants, or any bye boat-keepers, touching From A. D. the right and property of fishing-rooms, 15, Geo. 3. ftages, flakes, &c. which was a fort of civil jurifdiction in particular cafes of property; whereas the authority of juftices extended only to breaches of the peace. He was therefore of opinion, that the powers granted to the juftices were not inconfiftent with any of the provisions of the act, and that there was no interfering between the powers given by the act to the admirals, and those by the commiffion to the juftices *. The ftruggle between the fishing admirals and the juftices was ftill keept up; the west country merchants, and mafters of fhips fupporting the former, and the governor standing by the latter. This produced complaints on both fides; and no doubt, in fuch a conteft a juft cause of complaint might often be found on both fides. But the aggreffors were certainly those who set themselves against the authority of the governor and juftices, and who, by their conduct on this occafion, 29th of December 1730. Bund. O. 109. plainly PART III. plainly fhewed they wifhed the inhabiFrom A. D. tants and poor planters fhould be deprived 1728, to Stat. of all protection from legal government, 15, Geo. 3. and fhould be left wholly at their mercy. It was given in fpecial charge to the fucceeding governor, Captain Clinton, and to his fucceffors, to make a report of what was done towards carrying into execution the new commiffion of the peace. In compliance with that charge, we find the governors return fuch accounts of the oppofition of these admirals to the civil government, as are hardly to be credited but by those who have read what went before; and after that it would be tirefome and naufeous to detail any more upon the subject. This conteft continued for fome years, till it was found that no oppofition could induce his majesty's minifters to withdraw this fmall portion of civil government, which had not been granted till it had been loudly called for by the neceffities of the island. The fishing admirals then became as quiet, and useless as before, and content * The correspondence to this effect may be seen, Bund. O, 108, and so on through that volume. ed ed themselves with minding their own PART III. bufinefs, in going backwards and for- From A. D. wards to the banks. While this queftion of the competition between the fishing admirals, and the justices, was agitated, Mr. Fane alfo was confulted, refpecting the diftin&t jurifdiction of thefe officers, and he agreed in opinion with the attorney-general; he also at the fame time delivered an opinion that is worth remembering; namely, that all the ftatute laws made here, previous to his majefty's fubjects fettling in Newfoundland are in force there; it being a fettlement in an infidel country; but that as to the laws paffed here, fubfequent to the fettlement, he thought they would not extend to that country, unless it was particularly noticed *. The question then will be, when did this fettlement take place? And it may be urged, that the policy having all along been to prevent fettlement, and that perfons fhould refort thither only for the fishing feason, there is to this purpose a settlement commencing annually; and that in truth, British 1728, to Stat. 15, Geo. 3, PART III. fubjects carry with them the laws of this From A. D. 15 Geo. 3. country, as often as they go thither; if fo; 1728, to Stat. all the law of England, as far as it is applicable to the ftate and circumstances of Newfoundland, is conftitutionally and legally of force there. This was a question of much importance, but it has fince been fettled by the wording of the act of laft feffion for eftablishing a court there; which court is to determine according to the law of England, as far as the fame is applicable to the island. A commiffion of oyer and te Nothing material appears refpecting the miner propofed. civil government of Newfoundland, till the year 1737, when the board of trade liftened to the reprefentation that had frequently been made by the governor, of the inconvenience of fending over to England for trial, perfons who had committed capital felonies. In fuch cases the witneffes were glad to keep out of the way; the felon was fent to England, without any person to prove his guilt; a great expence was incurred, juftice was difappointed; or if the fact were proved, the poor witneffes was left to get back as they could, with the expence of their voyage, |