572 MISCELLANEOUS 



oaths to justices of the peace, and other officers whom he may appoint 

 under him, for the better administration of justice, and keeping the 

 peace of the island. He was empowered also to erect a court-house 

 and prison; and all officers, civil and military, were directed to aid 

 and assist him in executing his commission. He appointed the first 

 sheriff of the island. 



The petty jealousies and interests of the fishing admirals, mer- 

 chants, and planters, prevented Osborne and his successors, for a 

 period of twenty years, from carrying into execution the objects and 

 regulations contained in their commissions and instructions. Indeed, 

 the most disgraceful opposition to the civil government was made, 

 particularly by the fishing admirals. Complaints were frequently 

 produced on both sides, and it is probable, as is usual in such cases, 

 that each of the contending parties was in fault. The aggressors, 

 however, were assuredly those who opposed the civil authority, and 

 whose conduct clearly showed that their object was to deprive the 

 resident inhabitants of all protection from government. This con- 

 test continued, until it was found that his majesty's ministers were 

 resolved not to withdraw the civil government from the island. 



In the commission of the peace for the island, the justices were 

 restrained from proceeding in cases of doubt or difficulty such as 

 robberies, murders, felonies, and all capital offences. From this re- 

 striction, a subject of considerable difficulty and inconvenience arose, 

 as persons who had committed capital felonies could only be tried in 

 England ; and, in 1751, a commission was issued to Captain William 

 Francis Drake, empowering him to appoint commissioners of oyer 

 and terminer for the trial of felons at Newfoundland. 



In 1742, in consequence of the number of captured vessels brought 

 into St. John's, a court of Vice- Admiralty was established. 



A claim was made, in 1754, by Lord Baltimore, to that part of the 

 island originally granted to his ancestors, and named by him " the 

 province of Avalon." This claim was declared inadmissible by the 

 Board of Trade, agreeable to the opinion of the law officers; and it 

 has since then been relinquished. 



In June, 1762, the French took St. John's, Trinity and Carbonier. 

 and retained them until September following, when they were re- 

 taken, with some difficulty, by the forces sent from Halifax, under 

 Lord Colville and Sir Jeffrey Amherst. 



The peace of 1763, by which we acquired all the French possessions 

 in North America, opened a most favourable opportunity for ex- 

 tending the fishery, to the decided advantage of these kingdoms ; and 

 the Board of Trade, in bringing the subject under their consideration, 

 applied for information to the towns in the west of England, as well 

 as to Glasgow, Belfast, Cork, and Waterford, which had for some 

 time been engaged in the trade. In the year following, a collector 

 and comptroller of the customs were established at St. John's. This 

 measure, and the consequent introduction of the navigation laws, 

 were complained of by the merchants, in the same way as the appoint- 

 ing commissioners of the peace, and of oyer and terminer. 



The French, always, but now more than ever, anxious about their 

 fishery, insisted on their having a right to the western coast, for the 

 purpose of fishing as far south as Cape Ray; maintaining that it 

 properly was " Point Riche ", mentioned in the treaty of Utrecht. 

 This claim embraced nearly two hundred miles of the west coast of 



