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           CO
          194/15 [Reel B-212] 
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           Date 
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          whom (where) 
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          or nature of the document 
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        | 1 | 
        23
          Feb. 1761 | 
        J.
          Webb (Antelope, Portsmouth) | 
        Board
          of Trade | 
        He
          is sending the state of the fishery and inhabitants, answers to the
          Heads of Enquiry, copies of the returns from the officers of the state
          and condition of the forts at St. John’s and Placentia. He seized
          three vessels belonging to Waterford because of clandestine trade
          (Nathaniel Floyd of the Lovely Mary, Lawrence Hern of the Industry,
          John Benger of the Good Intent.) | 
      
      
        | 2-2v | 
          | 
        Webb | 
          | 
        [enclosed
          with above] State of the fishery for the year 1760. | 
      
      
        | 3-4 | 
          | 
        Webb | 
          | 
        [enclosed
          with above] Answers to the Heads of Enquiry. (70 articles) No boats
          kept at Petit Nord. No French remain at St. Peter’s [St. Pierre] or
          at Placentia. No men carried away to New England. No officers of the
          garrison are concerned in the fishery. No crimes have been committed
          during his government. | 
      
      
        | 5-11 | 
          | 
        Webb | 
          | 
        [enclosed
          with above] State of the ordnance stores at St. John’s (Francis Day
          and Lemercier, storekeepers). | 
      
      
        | 11v | 
          | 
        Webb | 
          | 
        [enclosed
          with above] State of ordnance for Placentia attested by Otho Hamilton
          and done by Lemercier. Iron Ordnance, Standing carriages, Round shot,
          grape shot, paper cartridges, 150 muskets, etc. | 
      
      
        | 12-12v | 
          | 
        Webb | 
          | 
        [enclosed
          with above] Return of the troops stationed at St. John’s and the
          places adjacent. Capt. Ross’ Company (64 privates), Capt. John
          Dovers’ Co. of artillery (25 mattrosses, 11 gunners), Capt. Ross’
          Company and the detachment of the Royal Regiment of Artillery at St.
          John’s, Trinity, Carbonear, and Boys Island dated 17 July 1760.
          "An effective return of Captain John Dovers Company of the Royal
          Regiment of Artillery in Newfoundland," p.12v. Placentia, St.
          John’s, Trinity, Carbonear, Isle of Boys, on the continent, totals.
          John Hamilton’s company at Placentia p.12v. | 
      
      
        | 13 | 
          | 
        Webb | 
          | 
        [enclosed
          with above] A Report of works ordered by the Board of Ordnance at St.
          John’s for 1759. "In hand: King’s [Wharf] & "Crance".
          Inclosure of Fort George. Retrenchment in Fort George. Not begun:
          Works & repairs at St. John’s, Sally Port. Works proposed:
          finish main ditch round Fort William, to build [barracks] of masonry
          for 304 men and [barracks] for 2 captains and 4 subalterns."
          Signed by George Weston and endorsed by J. Webb. | 
      
      
        | 14-21 | 
        7
          July 1760- 6 Nov. 1760 | 
        J.W.
          Webb/ Nicholas Gill, (Naval Officer in St. John’s) | 
          | 
        [enclosed
          with above] Imports (p.14-19) and Exports (19v-21). Detailed account
          of cargoes arriving & departing St. John’s since 7 July last.
          Most appear to be American. The list describes in detail ships and
          vessels, their cargoes, sometimes what they traded for it, how many
          men served on-board, sometimes where the ships were built, the origin
          of goods, the value of the cargo and the destination of the vessel
          when trading here is concluded. Imported items included such things as
          sugar, tea, silk, women’s shoes, linen, men’s "hoze",
          blankets, Madeira wine, coffee, rice, molasses, tar and turpentine,
          salt, flour, bread, Indian Corn, etc. The account of departing vessels
          includes such information as the time of clearance, ships’ names,
          commanders, ports of destination, tonnage, number of men and guns, and
          nature of cargo. Note: A lot of information. | 
      
      
        | 22-23 | 
          | 
        Webb/Gill | 
          | 
        [enclosed
          with above] "A Catalogue of the Newfoundland Northern [northward]
          fishery." Detailed inventory of supplies and gear (and their
          value) required for the fishery; everything from sails to blocks to
          staves to line , to hooks, provisions, clothing, etc. A useful
          indication of all the gear needed to support a fishery. | 
      
      
        | 24 | 
        13
          April 1761 | 
        W.
          Pitt (Sec. of State, Whitehall) | 
        Lords
          of Trade | 
        Letter
          recommending Capt. James Webb to the board as governor and requesting
          a draught. | 
      
      
        | 26 | 
        16
          May 1761 | 
        W.
          Pitt (Whitehall) | 
        Lords
          of Trade | 
        Thomas
          Graves being appointed by the Lords of the Admiralty to command this
          year’s ships for the protection of the fishery and being recommended
          as Governor, please prepare a draught. | 
      
      
        | 28-28v | 
        6
          April 1761 | 
        Otho
          Hamilton, commandant of the garrison (Placentia) | 
        Lords
          of Trade | 
        Ordered
          proclamations to be published about the death of King George II and
          the succession of King George III. | 
      
      
        | 30 | 
          | 
        John
          Bradford, John Northcott, William Luckham, Joseph Mortimer (Exeter) | 
        Lords
          of Trade | 
        Petition
          concerning White’s Arm. This place was used by the French to fish
          but the petitioners are now using it. They built stages and flakes
          there and it appears that they want to be granted possession of it.
          The clerical note describes this petition as " praying that some
          improvements which they have made in the Harbour of White’s Arm for
          carrying on the fishery, may be confirmed to them." Note: Very
          difficult handwriting. | 
      
      
        | 31-34v | 
        10
          Aug. 1762 | 
        Thomas
          Graves, Governor (Antelope, Placentia Harbour) | 
        Lords
          of Trade | 
        The
          French are on the coast. Graves is strengthening the island. The Isle
          of Boys will make a good defence, laments Fort Frederick’s poor
          location. The New fort at Placentia (which never was finished) is a
          better location. He proposes to destroy the old fort and built
          fortifications on the New Fort. Graves has sent information to General
          Amherst asking for help and explaining what an advantage Newfoundland
          would be to the enemy if conquered. The French already have the
          Northern end of this island and control both passages to the gulf of
          St. Lawrence. The French’s force consists of one ship of 74 guns,
          one of 64, one of 36 and one of 26, under the command of Monsieur
          Ternay (700 or 800 troops) from 5 different regiments under the
          command of Monsieur Hosenville [D’Haussonville] . St. John’s
          surrendered without opposition, they have sent four sloops and a
          schooner in Conception, Trinity, and Bonavista Bay to destroy the fish
          flakes and stages but few houses. The cannon at Carbonear and Trinity
          they have destroyed. The fleet should be assembled at Ferryland Head.
          Lord Colvill has arrived with the Northumberland, Gosport, Provincial.
          They are organizing an offensive. | 
      
      
        | 36 | 
        22
          July 1762 | 
        Graves | 
          | 
        [enclosed
          with above] "Return of Capt. John Hamilton’s Company belonging
          H.M. 40th Regiment of foot in Placentia." A total of
          75 men (4 unfit for service). | 
      
      
        | 37 | 
        22
          July 1762 | 
        Graves | 
          | 
        [enclosed
          with above] "Return of Capt. John Dovers Company of the Royal
          regiment of Artillery at Placentia and Boy’s Island." A Total
          of 26 (2 unfit). | 
      
      
        | 38-41 | 
        18
          Aug. 1762 | 
        Graves | 
          | 
        [enclosed
          with above] "Return of Ordnance stores at Placentia" signed
          by Lemercier. Round shot, grape shot, paper cartridges, etc. including
          a "Fire Engine" and fire-fighting gear , Cooper’s tools,
          Mason tools, Smith tools, from His Majesty’s ships: iron ordnance,
          round shot, paper cartridges, carriages complete with aprons, etc. | 
      
      
        | 42-43v | 
        4
          Oct. 1762 | 
        Graves
          (Antelope, St. John’s) | 
          | 
        The
          French attacked Bay Bulls, Harbour Grace, Carbonear, and Belle Isle,
          and provisions at Bay Bull’s and St. John’s fell into enemy hands.
          The fort at St. John’s fell to the enemy and the French then fixed
          it up. The Isle of Boys is in a respectable state of defence. Colvill
          has left 6 warships at Carbonear for its fortification next year.
          Amherst has left three battalions from Louisbourg. Graves comments on
          the soldiers of Newfoundland who become more like fishermen than
          soldiers over time. Note: The letter was received and read at the
          board on 17 Nov. 1762. | 
      
      
        | 45-46 | 
        29
          Nov. 1762 | 
        Rich
          Farr (Master of Merchant Hall in Bristol) | 
        Lords
          of Trade (Pownall) | 
        Responding
          to a letter sent by the Board that referred to many of Grave’s
          points concerning the need for fortifications and garrisons. The
          merchants are deliberating on the subject. The Eastern shore only
          needs to be protected in times of war. A fort at "Carpoon" (Quirpon)
          is, however, urgently needed; could be set at Cape de Grat. Much fish
          on the coasts north of Cape Bonavista (curing and salting is done
          better there). The French took the best fishing grounds in the past.
          Some discussion of price of fish; fish have moved to the northern
          parts; Indians frequent northern parts, the Indians have the "Art
          of killing whales". French ships were involved in that fishery
          (bigger ships "capable of protecting themselves from those
          savages.") Ask for two or three frigates to protect seas from
          Cape de Grat to Chateau Bay on the coast of Labrador. | 
      
      
        | 47 | 
        11
          Dec. 1762 | 
        George
          Weston (Mayor of Poole) | 
        John
          Pownall | 
        Responding
          to Grave’s points. The merchants have not seen the articles of
          peace, they have deferred giving an answer. They suggest that Capelin
          Bay or Aquafort are proper places for making a fleet. They leave the
          question of erecting fortifications to your Lords’ consideration. | 
      
      
        | 50 | 
        18
          Dec. 1762 | 
        James
          Crossing (Exeter) | 
        Board
          of Trade | 
        Responding
          to Grave’s points. He has sent the matter to the traders of Exeter
          and more that are also concerned. Enclosed is their answer. | 
      
      
        | 51-51v | 
          | 
        Merchants | 
        Mayor
          of Exeter | 
        [enclosed
          with above] They feel that garrisons and forts are unnecessary if they
          had sufficient warships to guard and protect them. The northern parts
          about Quirpon are very valuable. Salmon, seal, furs are available
          there. A fort would be useful there. | 
      
      
        | 55-56 | 
        5
          Jan. 1763 | 
        George
          Tito (Poole) | 
        Pownall | 
        The
          Bailiff of Poole. They must reserve judgement until they know more
          about the Peace Articles. Issues relating to the protection of the
          fishery, St Pierre and Miquelon, the value of the northern parts. | 
      
      
        | 57-57v | 
        21
          Dec. 1762 | 
        Edward
          Hanbury, (Mayor of Dartmouth) | 
        Pownall | 
        Most
          Dartmouth merchants trade at St. John’s where they have built
          dwelling houses, stages, flakes, stores, wharfs. The removal of the
          trade and the garrison to Ferryland would be detrimental to their
          fishery. The entrance is narrow and difficult for warships but no ship
          was ever lost and the merchants always tend to the warships. If the
          island was guarded by a good number of warships, then there would be
          no need for forts. They do not object to the erection of a fort at
          Ferryland but they think warships is a better answer. | 
      
      
        | 59 | 
        8
          March 1763 | 
        Egremont
          (Whitehall) | 
        Lords
          of Trade | 
        Copy
          of the 5th and 6th Article. Peace Treaty at
          Paris 18 Feb. 1763 was signed. The articles relate to the fishery at
          Newfoundland. Any changes have to be communicated to the King’s
          Council. | 
      
      
        | 61-62 | 
          | 
          | 
          | 
        Article
          5 and 6 and extract of the 24 articles. Art. 5: French subjects will
          be free to fish and dry fish on the part of the coast mentioned in the
          Treaty of Utrecht, except at Cape Breton Island as well as islands and
          coasts in the mouth of the St. Lawrence and in the Gulf of the St.
          Lawrence. H.M. consents to allow fishing in the gulf as long as the
          French only fish three leagues from all coasts belonging to Great
          Britain and 15 leagues from the Cape Breton. Art 6: The King of Great
          Britain gives St. Pierre and Miquelon to His Christian Majesty to be
          used as shelter for the fishermen and not to build a fort. Only civil
          buildings. A civil protection of only 50 men is allowed. Note: In
          French | 
      
      
        | 63 | 
        9
          March 1763 | 
        Thomas
          Graves, Governor (London) | 
        Lords
          of Trade | 
        Sends
          the State of the fishery, the trial of John Stockbale, the returns
          could not be made from St. John’s as the officer there is disputing
          my command. The answers to the Heads could not be made in such a time
          of confusion. | 
      
      
        | 64v-65v | 
          | 
          | 
          | 
        [enclosed
          with above] State of the fishery for the year 1762. | 
      
      
        | 66v-68 | 
        10
          Sept. 1762 | 
        Graves | 
          | 
        [enclosed
          with above] The return of the detachments at the castle at Placentia . | 
      
      
        | 68v-69 | 
        21
          July 1762 | 
        Graves | 
          | 
        [enclosed
          with above] A return of ordnance, carriages, ball powder, arms and
          ammunition at Placentia. | 
      
      
        | 70-72v | 
        1
          Nov. 1762 | 
        Graves
          (St. John’s) | 
          | 
        [enclosed
          with above] At the Court of Oyer and Terminer. Trial of John Stackbald
          of Ireland for the rape of Esther Merrifield, the wife of William
          Merrifield of Torbay. And for acts of treason when the French invaded.
          Sentenced to death by hanging. | 
      
      
        | 74-74v | 
        17
          March 1763 | 
        Egremont | 
        Lords
          of Trade | 
        Demands
          that a draught of instructions for the governor of Newfoundland be
          sent for the King’s pleasure before sailing for Newfoundland. | 
      
      
        | 76-76v | 
        24
          March 1763 | 
        Egremont
          (Whitehall) | 
        Lords
          of Trade | 
        "The
          king having judged it proper that all the coast of Labrador, from the
          entrance of Hudson Straights to the river St. John’s which
          discharges itself into the sea, nearly opposite the West End of the
          island of Anticosti, including that island, with any other small
          islands on the said coast of Labrador, and also the Magdalene Islands
          in the Gulf of St. Lawrence should be included in the government of
          Newfoundland." Requests that the draught for Governor Graves
          should be changed accordingly. | 
      
      
        | 78-79v | 
        29
          April 1763 (received and read) | 
        Joshua
          Mauger and Gregory Olive (Agents to the petitioners) | 
        Lords
          of Trade | 
        Petition
          of the merchants and traders. They have suffered considerable losses
          to the French and they attribute this to the fact that the traders
          from the West are "rendered incapable of prosecuting this trade
          as usual." They want their damages to be considered. | 
      
      
        | 80 | 
        27
          Sept. 1763 | 
        D.
          Halifax (St. James) | 
        Lords
          of Trade | 
        Concerns
          a memorial by Robert Trail of Portsmouth praying a compensation for
          the loss of their private property on the island of St. Pierre and
          Miquelon. The King asks that you take this into consideration. | 
      
      
        | 81-81v | 
          | 
        Robert
          Trail | 
        Earl
          of Halifax | 
        [enclosed
          with above] Memorial. In 1722 Richard Phillips then governor of Nova
          Scotia and Placentia granted the isle of Miquelon to Captain Diamond.
          Diamond sold the island to Samuel Cutt. In 1758, a third of the island
          was sold to Trail for 750 pounds. Demands to be paid back in money, or
          in value elsewhere, or in civil employment in America. | 
      
      
        | 83 | 
          | 
        Benning
          Wentworth | 
          | 
        [enclosed
          with above] Attests that Wyseman Clagell (before whom the deed was
          sworn in Nov. 1758) was fully authorized to perform every act
          appertaining to the office of a justice of the peace. | 
      
      
        | 84 | 
          | 
        Wyseman | 
          | 
        [enclosed
          with above] Concerns the purchase of parts of Miquelon by Trail. | 
      
      
        | 85-91 | 
        17
          Aug. 1760 | 
        Diamond/
          Cutt/Ganvrin | 
          | 
        [enclosed
          with above] Indentures related to Trail’s petition. Diamond sells
          two thirds of Miquelon to Cutt. Cutt sells to Trail. | 
      
      
        | 93 | 
        28
          Nov. 1763 | 
        Edward
          Sedgwick | 
        Pownall,
          Sec. to the Lords of Trade | 
        Requests
          that the instructions to the governor of Newfoundland be communicated
          to the Earl of Halifax. | 
      
      
        | 95 | 
        18
          Oct. 1763 | 
        Thomas
          Graves (St. John’s) | 
        Lords
          of Trade | 
        Sends
          the returns of the garrisons at St. John’s and Placentia. | 
      
      
        | 97 | 
        4
          July 1763 | 
        Graves | 
          | 
        [enclosed
          with above] Office of Ordnance Placentia. Signed by Otho Hamilton and
          Lemercier. | 
      
      
        | 98v-99 | 
        13
          Oct. 1763 | 
        Graves | 
          | 
        [enclosed
          with above] A return of the state of the garrison of Fort William St.
          John’s. Signed by Stephen Gualy. | 
      
      
        | 100 | 
        13
          Aug. 1763 | 
          | 
          | 
        [enclosed
          with above] A return of stores on the isle of "Buoy" Boys
          received from Lt. Bower. Iron guns mounted, iron guns dismounted,
          shot, ladles, powder, 14 beds, pork, bread and flour, etc. signed by
          J. Bishops Lt. 45th Regiment. | 
      
      
        | 101 | 
        1
          Sept. 1763 | 
        John
          Dovers/ John Bowen/ Hamilton/ Graves (Placentia) | 
          | 
        [enclosed
          with above] Returns of the detachments at Placentia, St. John’s,
          Boys island. Numbers that were discharged, deserted, sent to New York,
          or were invalidated. | 
      
      
        | 102-106 | 
        14
          July 1763 | 
        Francis
          Hereford (Acting storekeeper to the ordnance) Graves. | 
          | 
        [enclosed
          with above] State and remain of the ordnance and ordnance stores in
          the garrison and harbour of Fort William , St. John’s. (p.102-104)
          Return of ordnance and ordnance stores from the New York proportion by
          order of William Amherst. (P.104-104v). A return of ordnance and
          ordnance stores from H.M ship Enterprise (Col. William Amherst) and
          from the Antelope (Graves) (p. 104v-105). A return of powder, etc.
          ordered from this garrison to Placentia the 18 Oct. 1762 (p.105). A
          return of ordnance and ordnance stores from England to this garrison
          (p. 105v).A return of ordnance, stores and carriages from England at
          this place for Placentia (p.105v). A return of the French muskets
          issued out by order of Captain Stephen Gualy (p.106). | 
      
      
        | 108-109 | 
        20
          Oct. 1763 | 
        Graves
          (Antelope St. John’s) | 
        Lords
          of Trade | 
        Acquaints
          the lords that the islands of St. Pierre and Miquelon were delivered
          to Mr. D’Anjac on 4 July 1763. Warns of New England traders. (Copy
          of this letter is also in CO194/26: 101-101v) | 
      
      
        | 110-110v | 
        15
          Oct. 1763 | 
        Graves
          (Antelope St. John’s) | 
        Capt.
          Ruthven | 
        [enclosed
          with above] Requesting that Ruthven observes and enforce Article 13 of
          the Treaty of Utrecht. The French cannot resort to Newfoundland beyond
          the time allowed for fishing, etc. English subjects must respect the
          French. Whatever the French leave contrary to the treaty, we may
          destroy by Public Authority but by no means at the caprice of the
          multitude. (Copy of this letter is in CO194/26: 114-115) | 
      
      
        | 112-113 | 
        5
          Nov. 1763 | 
        Mr.
          Abraham Richards | 
        The
          Board | 
        Richards
          has accumulated information on the Newfoundland fishery from
          1747-1762. He was referred by Townsend before he resigned. Richards
          has a plan for the fishery, of over 100 sheets. He doesn’t know why
          he us being refused to be permitted to be of service. He asks why he
          is being refused after so many attempts. He appears to threaten to
          take his findings to the French if not taken seriously. He wants to do
          good service to his country, if permitted. John Spooner and James
          Clark will attest to his good character, also Arthur Holdsworth
          (Governor) of Dartmouth etc... Richards was employed as a
          "factor" in the merchant’s service. | 
      
      
        | 114 | 
        27
          Nov. 1763 | 
        J.
          Cayley | 
        The
          Lords of Trade | 
        He
          is recommending his nephew (Abraham Richards) to be employed in a
          company that is to be sent to Newfoundland in the Spring. He doesn’t
          like to drink, is fully versed in the fishery because he has spent
          many years in Nfld. He is young and full of spirit. Provides names of
          referral. | 
      
      
        | 116 | 
        13
          Dec. 1763 | 
        Sam
          Smith (Merchant Hall, Bristol) | 
        Pownall,
          Lords of Trade | 
        Has
          submitted the question of civil government in Newfoundland to the
          merchants and will transmit their opinions. (See p.136 for the
          merchant’s answer) | 
      
      
        | 118 | 
        15
          Dec. 1763 | 
        Abraham
          Richards | 
        Lords
          of Trade | 
        He
          has received their letter and says that his knowledge is worth a lot.
          With adequate prospects he might communicate his information. | 
      
      
        | 120-122v | 
        2
          Jan. 1764 | 
        Samuel
          Gridley | 
        Lords
          of Trade | 
        Memorial.
          Requests a grant for the seal cow fishery on the Magdalene Islands (or
          Iles de la Madeleine) and a map (p.121v) | 
      
      
        | 123 | 
        17
          Dec. 1763 | 
        John
          Henning (mayor of Poole) | 
        Lords
          of Trade | 
        The
          establishment of a civil government will be a disadvantage to the
          trade and fishery in Newfoundland. | 
      
      
        | 125-125v | 
        21
          Dec. 1763 | 
        George
          Milner (Poole) | 
        Lords
          of Trade | 
        Your
          lordships will hear from the merchants and traders of Poole that a
          civil government will not be beneficial to the trade. Milner thinks
          that it is contrary to the "universal voice of mankind".
          Interest drives the refusal for a civil government. A few of the
          principal merchants gave their opinion and I am forced to remain
          silent. If a civil government be established, the power of these few
          principal merchants would be destroyed but it would be most beneficial
          and greatly promote the trade and fisheries of these countries. Crime
          is high in Newfoundland: "the most lawless [rapings?],
          oppression, and injustice, dependant on power and numbers only." | 
      
      
        | 126-126v | 
        22
          Dec. 1763 | 
        Arch
          Ingram (Provost of Glasgow) | 
        John
          Pownall | 
        The
          merchants favour a civil government over a military one in
          Newfoundland. Sends a few memorials (not here). | 
      
      
        | 128 | 
        24
          Dec. 1763 | 
        E.
          Walker (Mayor, Exeter) | 
        John
          Pownall | 
        It
          is the merchant’s opinion that a civil government would be
          burdensome to the trade, navigation, and fishery. "...they humbly
          hope their lordships will not promote any proceedings so repugnant to
          the welfare of that important branch of trade." | 
      
      
        | 130 | 
        27
          Dec. 1763 | 
        Will
          Weston (Deputy Town Clerk , Plymouth) | 
        John
          Pownall | 
        Written
          at the direction of the mayor, who made the letter public in order to
          get a better sense of local opinion. No immediate trade is carried on
          those islands or coasts, therefore they are not competent judges of
          what form of government might or might not be advantageous for that
          trade. | 
      
      
        | 132-132v | 
        29
          Dec. 1763 | 
        John
          Smith (Mayor, Cork) | 
        Lords
          of Trade | 
        The
          merchants feel that the establishment of a civil government will be
          the best means of extending and securing the trade. | 
      
      
        | 134 | 
        31
          Dec. 1763 | 
        George
          Macarthy (Belfast) | 
        John
          Pownall | 
        The
          merchants involved in the trade are in favour of a civil government
          provided that no taxes, impost, or restraints of any sort be imposed. | 
      
      
        | 136 | 
        10
          Jan. 1761 | 
        Sam
          Smith (Merchant Hall, Bristol) | 
        Pownall | 
        The
          merchants believe that a complete civil government will not be
          advantageous to the trade. | 
      
      
        | 138-140 | 
          | 
        Nicholas
          Darby (Bristol) | 
        Lords
          of Trade | 
        Petition.
          He is part owner of the Snow or Antigua Factor. In last April, Darby
          and Stook (master) came first to the harbour of Saint Julian and as
          Stook became fishing admiral took as much fishing rooms as was
          necessary and built stages. George Milner of Poole came and ordered us
          away. He said he had a patent granted to one Matthew Glover in 1760 by
          James Webb, then governor. John Ruthven, commander of the Terpsichore,
          ordered us (Darby and Stook) to remove all our stages and to pay a fee
          of 180 quintals of sound fish. Darby refused to pay and was threatened
          with imprisonment. (On p.139, there is an order for Darby to appear
          before Graves at the court in St. John’s to answer a complaint
          exhibited against him by Maurice Welsh, dated 16 Aug. 1763.) | 
      
      
        | 141 | 
        25
          Feb. 1764 | 
        Dunk,
          Lord Halifax (St. James) | 
        Lords
          of Trade | 
        The
          King wants the Lords to consider the changes made by the French
          Ambassador to articles for the prevention of difficulties and disputes
          between their respective subjects on the coast of Newfoundland. | 
      
      
        | 143
          -146v | 
          | 
          | 
          | 
        [In
          French; enclosed with above] Modifications to the Articles. Article 2:
          It is convened that the first English or French captain who will
          arrive at the Cape called "Le Croc" or "petit
          maitre" will have first pick of the harbours and beaches, etc.
          Article 3: Each subsequent captain will chose his harbour and write
          the name of it in 2 registers (at "Le Croc" or "Le
          petit maitre") etc. Article 4: The two French and English
          captains arrived first will keep the registers aboard their ships
          (kept by a bilingual man of their equipage).etc. Article 5:No French
          or English vessel can start fishing before picking a harbour and
          signing the registers, etc. Article 6: Should an English fisherman
          build stages and flakes in the Winter, he will only be able to keep
          them the next Summer if he hurries and registers it at "Le Croc
          harbour or Le Petit Maitre harbour." And much more... | 
      
      
        | 148-149 | 
        6
          March 1764 | 
        Hay,
          Norton, De Grey (His Majesty’s Attorneys and Solicitor general,
          Lincoln’s Inn) | 
        Lords
          of Trade | 
        In
          reply to the Board’s request, we offer that the changes are not
          consistent with the Act of 10th and 11th of
          William the III. The Crown cannot legally enter into or has power to
          enforce such regulations. | 
      
      
        | 150-150v | 
        8
          March 1764 | 
        Dunk,
          Ld Halifax (St. James) | 
        Lords
          of Trade | 
        The
          King was advised that the amendments could not be legally made
          according to the 10th and 11th of William III.
          The Lords are commanded to make the necessary changes (prepare a
          draught) to allow the King to make legal amendments. (A copy of this
          letter can also be found at CO194/26:149-150) | 
      
      
        | 152-152v | 
        16
          March 1764 | 
        Halifax
          (St. James) | 
        Lords
          of Trade | 
        Capt.
          Hugh Palliser is appointed by the Admiralty to command the convoy this
          year, you are ordered to prepare draughts of a commission and
          instructions. This also provides a description of the extent of the
          territory Palliser will overlook. | 
      
      
        | 154-155 | 
        21
          March 1764 | 
        Hay,
          Norton, De Grey (Lincoln’s Inn) | 
        Lords
          of Trade | 
        With
          their alterations, the instructions to the governor of Newfoundland
          will be legal. (Copy of this letter can be also found at
          CO194/26:159-160v) | 
      
      
        | 156-157 | 
        5
          April 1764 | 
        Halifax | 
        Lords
          of Trade | 
        The
          King orders that the alterations made to the articles for the
          prevention of disturbance towards French subjects be incorporated in
          Capt. Palliser’s draught of instructions. 2 points have to be
          changed in regards to the length of the fishing season and the boat
          burned on the island last year. The words underlined in the 5th
          Article should be omitted because they would give the right of the
          Court of France to demand reparation. (Copy of this letter can also be
          found at CO194/26: 167-168) | 
      
      
        | 158-158v | 
        3
          April 1764 | 
        Hay,
          Carysfort, Howe (Admiralty Office) | 
        Earl
          of Halifax | 
        Concerns
          Mr. De Guerchy’s proposal regarding the end of the fishing season of
          20 Oct.. They think it would be better to make it rather the 20th
          or at the latest the 30th Sept.. | 
      
      
        | 160 | 
        9
          Feb. 1764 | 
        George
          Wilkinson (Mayor of Waterford) | 
          | 
        The
          merchants of Waterford feel that an established civil government would
          by no means be advantageous to the trade. | 
      
      
        | 162 | 
        31
          Jan. 1764 | 
        Holdsworth
          (Mayor of Dartmouth) | 
        Lords
          of Trade | 
        Apologizes
          for his late response but the merchants wanted to wait for all
          merchants to be there before making a decision in regards to the civil
          government in Newfoundland. An conclusion has not yet been made. | 
      
      
        | 164 | 
        29
          March 1764 | 
        Holdsworth
          (Dartmouth) | 
        Lords
          of Trade | 
        The
          merchants made their decision and are unanimous that a civil
          government would not be advantageous to the island of Newfoundland and
          adjacent islands. | 
      
      
        | 166-166v | 
        29
          March 1764 | 
        Halifax
          (St James) | 
        Lords
          of Trade | 
        Sends
          a memorial form the French Ambassador contending that Pointe Riche and
          Cape Ray are the same. Requests that the Lords examine the matter and
          report to the King about it. | 
      
      
        | 168-184 | 
          | 
        Monsieur
          De Guerchy | 
          | 
        [In
          French; enclosed with above] "Sur la position de Pointe
          Riche." Copy. On the position of Pointe Riche mentioned in
          Article 13 of the Treaty of Utrecht. The question is, should the point
          be set at 47 degrees 40 minutes or should it be pushed to 50deg. 30'
          close to the "Pointe du nord"? Issues of cartography prior
          to 1753, Bellin copied the English maps which was a mistake,
          D’Anville also made a mistake in setting Pointe Riche at 50deg. 30'.
          The French Ambassador submits to refer to the law and establish facts
          instead of relying on past mistakes. He is providing 3 reasons in
          detail why Pointe Riche should be placed at 47 deg. 30'. The first
          reason is based on Herman Moll’s map. The Ambassador’s logic is
          that if Moll had been wrong at the time, (in 1715) the government that
          commissioned his map would have forced him to retract and correct his
          map. The confusion of Cape Ray with Pointe Riche is also here
          explained using other evidence. The second reason (p.180v) is based on
          the fisherman’s behaviour (they continued fishing and possessing the
          area) after Bellin made a mistake in placing Pointe Riche at the wrong
          place. And the third reason (p.182) is based on the fact that at the
          Treaty of Utrecht, there was no confusion as to other parts, like Cape
          Bonavista. It is only fair that the French should have half of
          Newfoundland. Note: A lot of more information. | 
      
      
        | 185 | 
        3
          April 1764 | 
        Edward
          Sedgwick (St. James) | 
        Lords
          of Trade | 
        He
          is directed by the Earl of Halifax to transmit extract of a letter
          from Mr. Prior to Lord Bolingbroke, dated at Paris 8 Jan. 1713 which
          indicates that at that time Pointe Riche was understood to be quite
          distinct and far from Cape Ray. Extract which might be of use in
          regards to the French Ambassador’s claim about the location of
          Pointe Riche. | 
      
      
        | 187 | 
          | 
          | 
          | 
        [enclosed
          with above] extract of a letter from Mr. Prior to Lord Bolingbroke,
          Paris, 8 Jan. 1713. Description of Pointe Riche and Cape Ray. | 
      
      
        | 189-190 | 
        18
          March 1764 | 
        Thomas
          Graves (Antelope, Portsmouth) | 
        Lords
          of Trade | 
        Sends
          his answers to the Heads of Enquiry. The Lords will find that answers
          vary from his predecessors because the business has changed greatly
          since the queries were fist draughted. Graves provides his views on
          the present system of governorship. He states that captains of
          warships are used to military laws. With civil rules, the captain
          finds himself in a world of perplexity and without anyone of integrity
          to consult. It is no wonder, then, that captains feel that there is
          too much to risk [in prosecuting criminals], nothing to gain, and let
          his time pass as safely as it can. The short duration of the
          government is a disadvantage, after three years, the governor knows
          the people and begins to distinguish the truth. Capt. Douglas has
          surveyed the possessions of every settler upon the islands of St.
          Pierre and Miquelon. The account of exports and imports from St.
          John’s harbour is included. | 
      
      
        | 191-199 | 
          | 
        Graves | 
        Lords | 
        [enclosed
          with above] Answers to the Heads of Enquiry for the year 1763. Queries
          and answers both provided in full. No criminal causes to be tried this
          season. Note: A lot of information. | 
      
      
        | 200 | 
        6
          and 7 July 1763 | 
        Charles
          Douglas (St.Peter’s) | 
          | 
        [enclosed
          with above] A Survey of the houses and "immoveables" of the
          island of St. Pierre. Dimensions and names of owners provided as well
          as the value of these properties. The title: "Newfoundland, an
          estimate of losses which the settlers of the islands of St. Peters and
          Miquelon have sustained." on p.200v | 
      
      
        | 201-201v | 
          | 
        Graves | 
          | 
        [enclosed
          with above] A state of the fishery for the year 1763. | 
      
      
        | 202-202v | 
          | 
        Graves | 
          | 
        [enclosed
          with above] Estimate of the shipping at the fishing places in and
          about Newfoundland. Amounts of cod cured, carried to market, Salmon
          taken and cured, etc. Ships names and where they came from (Dartmouth,
          Poole, Ireland, Topsham etc.) at such locations as Codroy, Bay Bulls,
          Ferryland, Renews, etc. | 
      
      
        | 203-203v | 
        26
          April 1764 | 
        Halifax
          (St. James) | 
        Lords
          of Trade | 
        Request
          that the Lords forward maps or charts relating to the position of
          Pointe Riche. | 
      
      
        | 205-205v | 
        30
          April 1764 | 
        Hugh
          Palliser (London) | 
        Pownall | 
        Requests
          to be made aware of the memorial from the French Ambassador regarding
          the French rights and the observations about Pointe Riche. | 
      
      
        | 207 | 
        25
          Feb. 1764 | 
        Halifax
          (St. James) | 
        Lords
          of Trade | 
        Forwards
          a memorial from Favry du Ponceau, Favry de Chanteloup and Foucher who
          have grants for land in Labrador, in the Bay des Philippeaux. | 
      
      
        | 209-209v | 
          | 
        Favry
          du Ponceau, Favry de Chanteloup, and Foucher | 
          | 
        [In
          French; enclosed with above] Copy of the memorial of Favry du Ponceau,
          Favry de Chanteloup and Foucher pray that the land granted them by the
          Roi de France be granted to them by the King of England for a period
          longer than 18 months so that they can sell it at a more profitable
          rate. Otherwise it will ruin them. They used to fish seals there (loups
          marins). | 
      
      
        | 210-214 | 
          | 
          | 
          | 
        [enclosed
          with above] Title of the Bay des Philippeaux and the list of
          successors to the land. | 
      
      
        | 215 | 
        20
          May 1764 | 
        Hugh
          Palliser (Plymouth Sound) | 
        Lords
          of Trade | 
        Informs
          the Board of his departure for Newfoundland. | 
      
      
        | 
           End
          of volume. 
         |