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1720 October 14: 261. Mr. Cumings to the Council of Trade and Plantations. Having received a letter from Boston dated 2nd Sept. in which I have the following paragraph, "This morning arrived att Boston from Canso Mr. Henshaw son in a sloop who brings the bad news of the French setting the Indians upon the English fishery there the 15th Aug. with French amongst them and seized to the value of £10,000 sterl. in fish and merchandize and carried it over to Cape Bretton and killed three English men the English have taken severall of the French that were in the action and have sent them prisoners to Govr. Philips att Annapolis Royall." The above coming from a gentleman of credite I thought itt my duty to lay itt before your Lordships as also that by the printed news from Boston of 29th Aug. the Indians in the eastern settlements of New England by instigation of the French missionaries insult the English by killing their catle and robbing ther houses which has obleidged the people to leave ther habitations and goe into garrisons as farr as York in the province of Maine. My Lords, I am most humbly of opinion that unless the eastern parts of New England and the coast of Nova Scotia be protected by the Crown the setlements cannot be carried on in safety nor the fishery to advantage which is capable of great improvements and if the french missionaries amongst the Indians in the Brittish Dominions be not obleidged to retire the inhabitants will not be able to live in peace and tranquillity while they remain...
1720 October 21: 269. ...But what excells them all is Canso, which is invaluable for its fishery. Tis here such great quantitys of codd herring and macrell swarm amongst the Islands that when I was there in H.M.S. Rose there was then 96 sail of English and 200 French makeing their voyages, the English vessells from 50 to 70 tonns the French small shallops and when fish is scarce at other places here they are always plenty for on letting the line down they draw up two and two as fast as they can pull it. Upon my arrivall at Canso haveing observ'd the French was come over with a design to fish I order'd them away to there own coast and after went with H.M. ship to Lewisbourgh (Louisbourg) were Monsieur St. Ovid Brouillard the then governor assur'd me he knew nothing of those fishermen goeing over for that 'twas contrary to the Treaty of Peace and that he should take caution to prevent their doeing the like for the future. I sayled again to Canso were our vessells were all soon laden. When a ship of warr is not there or any thing to hinder the French fishing amongst us then our fishing vessells cannot take 4 fish when they will take tenn. They fish with fresh and we with salt bait we come 180 leagues they but 7: they in small boats we in large sloops all which for want of a garrison or a protection of our people from the indians who the French sett on to our ruin in those parts. If a fort were to be built King Georges Island formerly call'd Canso Island would be the best place which fortification would command the harbour and beaches etc., and prevent the French or Indians from disturbing us. A ship of warr must attend the work till its compleated, which whenever they appear in the Plantations carrys awe to the French, and dread to the Indians. I must humbly beg your Lordshipps' favour if there is a small ship sent there for myself, who have served the Crown 24 years etc., there being no officer in England who knows the coast or place but myself.
Source: America and West Indies: October 1720, Calendar of State Papers Colonial, America and West Indies, v32: 1720-1721 (1933)
1720 October 6: 253. Council of Trade and Plantations to the Lords Justices. Representation on petition of M. Hiriberry (13th Sept.). Refer to representation of 5th June, 1719, upon which the late Lords Justices did send orders to the Govr. of New England accordingly. But the letter from Mr. Delafaye upon the first memorials from the sd. Hiriberry and upon which our foresd. Representatn. was made was dated the 28th May, 1719, and we now find that H.M. was pleased about a fortnight before to grant the said two vessels etc. to Capt. Smart (v. Sept. 13th). This being the state of M. Hiriberry's case, we cannot see which way the late Lords Justices gracious intentions towards him can be made effectual without breaking in upon H.M. previous grant to Capt. Smart and his crew unless your Excellencies should be disposed to give the said Hiriberry a sum of mony in compensation for his losses.
1720 October 18: 266. ...Upon this occasion we humbly represent to your Excellencies our opinion that restitution be made to H.M. subjects, who have had their fish and effects thus seized before any satisfaction be given to Mr. Hiriberry as was proposed by our former representations of 5th June, 1719 and 6th instant. And so much the rather because this seizure seems plainly to be intended as a reprizal for that particular case. What we have further to observe upon this head is, that our possession of Nova Scotia, and the fishery on that coast is very likely to be very precarious till that Province shall be better settled, a sufficient force sent thither and some small forts erected in proper places for the protection of the British vessels fishing on that coast but more especially in the harbour of Canco (Canso).
Source: America and West Indies: October 1720, Calendar of State Papers Colonial, America and West Indies, v32: 1720-1721 (1933)
Treaty of Peace and Friendship between the most serene and most potent Princess Anne, by the grace of God, Queen of Great Britain, France and Ireland, and the most serene and most potent Prince Lewis XIV, the most Christian King, concluded at Utrecht the 31/11 day of March/April 1713.
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Article XIII:— The island called Newfoundland, with the adjacent islands, shall from this time foreward, belong of right wholly to Britain; and to that end the town and fortress of Placentia, and whatever other places in the said island, are in the possession of the French, shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner if possible, by the most Christian King, to those who have a commission from the Queen of Great Britain for that purpose. Nor shall the most Christian King, his heirs and successors, or any of their subjects, at any time hereafter, lay claim to any right of the said island and islands, or to any part of it, or them. Moreover, it shall not be lawful for the subjects of France, to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for the drying of fish. But it shall be allowed to subjects of France, to catch fish, and to dry them on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista, to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Pointe Riche. But the island called Cape Breton, as also all others, both in the mouth of the river of St. Lawrence, and in the gulph of the same name, shall hereafter belong of right to the French, and the most Christian King shall have all manner of liberty to fortify any place, or places there.