CO 194/37 [B-677]



From whom (where)

To whom (where)

Contents or nature of the document

1-2 28 Feb., 1787 Gov. Elliot Lord Sydney requests the appointment of a Keeper of the Records or a governors secretary to ensure the proper management of the fishery, suggests a Mr. Graham for the position.
3 16 March, 1787 Gov. Elliot Lord Sydney mentions a pardon for John Delaney on the charge of murder for which he was convicted in Sept. 1786.
5 16 March, 1787 Gov. Elliot Lord Sydney notice of receipt of permission to prepare land for the construction of a wharf at St. John’s.
7 16 March, 1787 Gov. Elliot Lord Sydney notice of receipt of a Treaty of Navigation signed between France and England on 26 Sept., 1786.
9 16 March, 1787 Gov. Elliot Evan Nepean notice of receipt of a copy of a "Convention" signed between France and England.
11 20 April, 1787 Gov. Elliot Lord Sydney Notice of receipt of documents pertaining to trade between the United States and British colonies.
13 17 May, 1787 Thomas Nepean   "Estimate of the quantity of Materials wanted for the purpose of Building a Court House and Gaol" at St. John’s.
15-16 23 May, 1787 Gov. Elliot Lord Sydney notice of an unarmed ship fishing inside French boundaries on the coast of Newfoundland; requests guidance on what to do.
17 28 May, 1787 Gov. Elliot Evan Nepean notice of receipt of documents relating to money provided for "the support of the Civil Establishment of Newfoundland" for the next year.
19-20 5 June, 1787     more discussion of the dispute over French fishing grounds on the coast of Newfoundland.
21-23 5 June, 1787 Lord Sydney Gov. Elliot more on the dispute over fishing grounds at White Bay; notes that the king approves of any decision Elliot has made on the situation; British fishermen are to abstain from fishing on that part of the coast.
24 6 June, 1787 Gov. Elliot Lord Sydney notice of the receipt of a document entitled "An Act to enforce and render more effectual several Acts passed in the twelfth year of the Reign of King Charles the Second, and other Acts made for the increase and encouragement of Shipping and Navigation."
26-26v 25 July, 1787 Gov. Elliot Lord Sydney mentions that everything has remained "in a state of quietness" since he last left Newfoundland. Fishery is doing well. The 60th Regiment stationed on the island has been relieved by three companies of the 4th Regiment.
28 11 Aug., 1787 Gov. Elliot Lord Sydney notice of the enclosure of a "Report of the Distilleries."
30-31v 10 Aug., 1787 Richard Routh Gov. Elliot [enclosed with above] the abovementioned distillery report.
32-32v 18 Sept., 1787 Gov. Elliot Lord Sydney notice of the enclosure of a copy of a reply to a letter from Comte de Barbazen. Brief continuation of the discussion over fishing rights in the White Bay region.
34-35v 25 Oct., 1786 Gov. Elliot Comte de Barbazen [enclosed with above] the abovementioned enclosure. Deals with the dispute over fishing rights.
36-37v 13 June, 1787 Gov. Elliot Captain Reynolds [enclosed with above] more on the fishing dispute.
38       [enclosed with above] "Extract from Commodore Elliot’s General Instructions to Captain Reynolds of His Majesty’s Sloop Echo."
40 4 Oct., 1787 Gov. Elliot Lord Sydney Notice of enclosures, again regarding the French-English fishing dispute.
42-42v 4 Oct., 1787 Captain Reynolds Gov. Elliot [enclosed with above] report on apprehension of violators of fishing agreements in the White Bay region; having difficulty getting the offenders.
44-45 17 Oct., 1787 over 25 signatures Gov. Elliot concern expressed over the reduction in the number of public houses in St. John’s. Suggests that this may cause problems for maintaining the peace in St. John’s.
46 18 Oct., 1787 Gov. Elliot The Principal Merchants and Traders of St. John’s response to the previous letter; says that he will put the question of public houses before the proper authorities.
48 18 Nov., 1787 Gov. Elliot Lord Sydney mentions the quiet state in Newfoundland.
50 23 Nov., 1787 Gov. Elliot Lord Sydney notice of enclosure
52-52v 20 Oct., 1787 7 signatures Gov. Elliot [enclosed with above] notice that the court has been closed for the year "without any Business whatever having been brought before us"
54v-57v       [enclosed with above] list of cases brought before the court.
58 23 Nov., 1787 Gov. Elliot Lord Sydney notice of enclosures.
60 25 Oct., 1787     [enclosed with above] General Return of troops in Newfoundland
62v-63       [enclosed with above] General Return of the Newfoundland fishery for 1787.
65v-72   Robert Reynolds   [enclosed with above] A report of the French fishery on the coast of Newfoundland for 1787.
74-85 31 Aug., 1787     [enclosed with above] "A Return of Ordnance, Ammunition, and Stores" for the garrison at St. John’s.
86 24 Oct., 1787 Thomas Nepean   [enclosed with above] "Return of Officers, Artificers, & Labourers Employed on His Majesty’s Fortification Works at St. John’s"
88 24 Oct., 1787 Thomas Nepean Gov. Elliot [enclosed with above] "Report of the State of the Fortifications, Magazine, Storehouses, Barracks, and other Buildings in St. John’s"
90-97       [enclosed with above] Newfoundland Fishery bounty list for 1787.
98 26 Nov., 1787 Gov. Elliot Lord Sydney notes that he has received word of the appointment of a Bishop for Nova Scotia who has ecclesiastical jurisdiction over Quebec, New Brunswick, and Newfoundland.
100-100v 20 Sept., 1787 J. Elford   [enclosed with above] asks for some protection, apparently for his stable which he needs in order to "entertain strangers, officers, etc."
102-103   John Elford Lord Sydney [enclosed with above] notes that lowness of his pay, not sufficient to pay for the comforts of life.

Miscellaneous Papers

106-106v   Gov. Elford Fitzherbert (copy sent to) Copy of a document in French. Gives the assurance that as long as French Fishermen do not settle along the coast, all will be done to stop further obstruction by English subjects. Saint Pierre and Miquelon have been given to the French to settle there.
108       Second copy of letter above.
110-111 9 Jan., 1783   Mr. Fitz Herbert [probably Alleyne Fitz Herbert] [private letter] concerns Fishing Banks and peace settlement with France, brief discussion of the Treaty of Utrecht. Discussion on an enclosure that is not provided.
112-112v 19 Jan., 1783 Mr. Fitz Herbert Lord Grantham Letter concerning the contents of the document relating to French fishing rights. Debate over the word"exclusif."
114-114v   Mr Fitzherbert Lord Grantham Counter declaration. French King agrees to terms of the treaty and will do all in its power to see that the line at Saint Pierre and Miquelon not be crossed. The King trusts that the line will be respected by the English as well.
116 22 June, 1783 Duke of Manchester Mr. Fox Discussion of the word "exclusive."
118-118v 2 July, 1783 Duke of Manchester Mr. Fox continuation of the above discussion over word choice in the "Project of the french counter-declaration"
120 13 July, 1783 Duke of Manchester Mr. Fox more on the above discussion over word choice.
122-122v 6 Jan., 1785 Paul de Mounet Evan Nepean deals with the debate over French/English fishing rights on parts of the coast of Newfoundland. (More can be found in vol. 36).
124-124v 8 Jan., 1785 John Cutler   discussion of trade between Newfoundland and America and mention of an unresolved memorial drawn up by Newfoundland merchants two years prior.
125-132v       [enclosed with above] "Remarks of a Merchant on the Newfoundland fishery"
134-135 10 Jan., 1785 William Pitt   Merchants of Poole request a prohibition of trade between Newfoundland and America and the prevention of illicit trade between Nova Scotia and America.
136-136v 12 Jan., 1785 M. A. Taylor   requests a response on the question of whether or not to prohibit the trade of American produce.
138-138v   merchants of Poole Lord Sydney more on the trade between Newfoundland and America.
139-140 Dec. 1784 merchants of Poole Lord Sydney petition concerning the disruption of trade between America and Newfoundland (particular attention is paid to the bread trade); government reaction appears on same page, contrasting the prices of provisions in Newfoundland before and after the disruption.
141       blank
142-142v       the Newfoundland Bill; this document also discusses the fishing rights of France and states that fishermen of the island must not interfere with set boundaries.
144       extract from the commission of John Elliot; this extract is concerned with the erection on garrisons and forts in Newfoundland and Madelaine and the loyalty of those Islands’ civil and military officers to governor John Elliot.
146v       states that Lord Howe apprehended that the words in Sir G.C.’s commission interfered with the jurisdiction of the Commodore who commands the Newfoundland station.
147-147v 5 May 1785 Newman & Roope, Dartmouth Lord Sydney, London explaining in advance why a provisions ship from New York will arrive in Newfoundland without proper documentation.
149 17 Aug. 1785 W Frank (maybe Fraser)   this passes on French complaints that Newfoundlanders are disrupting their fisheries and activities (see following letters)
151-154v 12 Aug. 1785 not known (St. John’s) not known explores the intent (particularly the misunderstanding of the intent) of the Act of Parliament which was enacted to regulate Newfoundland’s trade with the U.S. An example concerning the Brigantine Aletta-and-Betty (John Trott, Master) is given.
155-155v 7 Oct. 1785 Barthelemy Lord Sydney document in French referring to a merchant of l’Orient whose ship went to Newfoundland
157-157v 10 Nov. 1786 Barthelemy (London) Lord Carmarthen this is a copy of a letter that was transmitted to Mr. Nepean to Admiral Campbell regarding the French brig l’Actif which was pillaged at Greenspond in 1784.
159   two Breton merchants petition to English King Petition (inclosed in Barthelemy’s letter of 10 Nov. 1786) by two French merchants complaining to the English King about the pillaging of their ship.
161-161v       this is a more detailed account of the pillaging of l’Actif
162-162v 12 Dec. 1786 Barthelemy   more complaints about harassment of French fishermen in Newfoundland.
164-167v       this is a precis which summarizes in English the case of l’Actif and the documents from pp.156-162
168-174v       this is a precis which summarizes in English the complaint of two merchants of Granville whose fishing stations were destroyed in 1784.
175-176v 1 Aug. 1786 Barbazees, Porcupine, at Quirpon   Barbazee was commander of French warships in Newfoundland; this is a translation into English of his letter describing the harassment of French fishermen.
178-178v   the first and second captains of the vessel ‘Notre Dame de bon Secours.’   this contains evidence concerning the damage of fishery utensils during the winter of 1786 in the harbour of the Island of “King Cod” by English “piracy”. [NB: as there is no place in Newfoundland called the “Island of King Cod”, we can assume that what has happened here is that, in writing the letter in English, the author of the letter – a Basque from St. Jean de Luz – has literally translated “Cod Roy” as “King Cod” This would mean that the incident took place in the harbour of Codroy Island. And although the word “piracy” is used, the mischief was done by English fishermen, not “pirates” as the term might suggest]
180 25 July 1786 those ‘commanding the ships of the King of France stationed at Newfoundland’   this contains complaints from captains of ships which were fishing in the harbour of Quirpon; they state that seven boats of fish (among other things) were stolen from them by Newfoundlanders.
182 28 Aug. 1786 Bathelemy Marquis of Carmathes document in French.
184- 185v       memorial of John Noble and Andrew Pinson of Dartmouth.
186-194       Mr. Noble’s Information respecting the Salmon Fishery
195-198       Article 27 and 28 of Governor Elliott’s Instructions previous to his sailing in 1786. Salmon Fishery.
199-200v       Documents concerned with the issue of French fishing rights on the Treaty Shore, "exclusive" versus " concurrent" rights, together with appropriate supportive documents and letters.

Article 10 and 11of William and Mary. Treaty of Utrecht

Article 13. Act 15, George III.

"Preliminary Articles of Peace Signed 20 Jan. 1783"

Copy of " Projet de Contre Declaration"

Copy of letter regarding conference with Comtes de Vergennes.

201-204 (left) 23 Nov. 1782 & 9 Jan 1783 [Private] Lord Grantham Mr. FitzHerbert a complicated document. Each page is divided vertically in two, with letters from senior administrators on the left side of the page, and responses from diplomats and cabinet ministers. Thus, Lord Grantham's letter of 23 November to Mr. Fitzherbert followed immediately by a letter marked "Private" and dated 9 January 1783, appear on the left side of pp. 201-204, and Fitzherbert's response of 19 January to both these letters appears on the right half of pp. 201-201v. Then we are provided (pp. 204-204v) with a couple of the articles of the preliminary Peace Treaty of  20 January 1783 between England and France that relate to fishing rights, including some remarks by Fitzherbert  to Mr. [Charles James] Fox (10 April 1783), followed by two letters from Fox to the Duke of Manchester, one dated 30 April with a response from Manchester dated 22 June, and a reply from Fox of 2 July, followed by Manchester to Fox, 13 July 1783; these appear on alternate sides of pp. 204v to 206v.

All of this correspondence concerns French fishing rights on the Banks, St. Pierre & Miquelon, and of course the French or Treaty Shore; some of it is articulated as advice on how best to handle the Comte de Vergennes, who is negotiating the peace treaty for the French. Were the French rights on the Treaty Shore exclusive or concurrent? Fitzherbert at one point says "the difference was hardly worth objecting to" Clearly, the British are beginning to gravitate to the notion of exclusive rights (though they stress that those rights are exclusive only "temporarily" during the fishing season)

201-201v (right) 19 Jan., 1783 (Paris) Mr. Fitzherbert Lord Grantham
204v-206v April 30, 1783 Mr. Fox D. of Manchester
204v-205v April 18, 1783 Mr. Fitzherbert Mr. Fox
206v 13 July, 1783 Duke of Manchester Mr. Fox
207-210 Sept. 3, 1783 Duke of Manchester Mr. Fox "Definitive Treaty"
213-231 Unknown     "Observations upon the Government of Newfoundland"

End of Volume