By Samuel Graves Esqr Vice Admiral of the White and Commander in chief of His Maj's Ships and Vessels employed and to be employ'd in the River Saint Lawrence &ca &ca
Whereas my Lords Commissioners of the Admiralty have Ordered his Majesty's Ship the Roebuck to be one of the Squadron under my command employ'd in North America, to carry into execution the Acts of Parliament restraining the Trade of the Colonies to prevent the unlawful importation of Gun Powder, Arms and Ammunition to any part of North America, to annoy and distress the inhabitants of those Provinces who are in actual Rebellion against the King, and to defend and protect the persons and property and the lawful Commerce of his Majesty's faithful subjects; You are hereby required and directed to observe the following Instructions for your conduct upon whatever station I may have occasion to employ you.
1st
You are always to acquaint the Governor for his Majesty's of the province wherein you may be stationed with your arrival and from time to time consult with him in what manner the ship you command may be best employed for the Protection of his Majesty's faithful Subjects, and their property, the Support of Legal authority of Government, and to answer such other purposes as the Exigencies of the times may make necessary, for the Good of the Kings Service; You are to give your utmost assistance according to the information and advice you may receive from the Governor, and use your best endeavour to employ the Kings Ship under your command very diligently towards answering the purposes before mentioned.
2d
And whereas by the 4th and 5th Articles of the Treaty of peace concluded at Paris the 10th Day of February 1763, it is Stipulated that the Province of Canada with all its dependencies, as well as the Island of Cape Breton, and all other Islands and Coasts in the Gulph and River Saint Lawrence, and all that depends upon them shall belong to the Crown of Great Britain, but his Majesty having by the Said 5th Article consented to leave the Subjects of the most Christian King the Liberty of Fishing in the Gulph of Saint Lawrence, upon condition that they do not exercise the Said Fishery, but at the distance of three Leagues from all the Coasts belonging to great Britain, as well those of the Continent, as those of the Islands situated in the Gulph of Saint Lawrence, and as the fishing out of the Said Gulph, it being thereby Stipulated that the Subjects of the most Christian King, shall not be permitted, to exercise the said Fishery but at the distance of fifteen Leagues from the Coasts of the Islands of Cape Briton, and that the Fishery upon the Coast of Nova Scotia or Acadia, and every where else out of the said Gulph, shall remain upon the footing of former Treaties; You are therefore to use your utmost care, diligence and attention that the Several Stipulations herein before mentioned, be duly and strictly performed, according to the tenor and intention thereof, as far as they may come within the Limits of your station, and also to guard and protect the Fishery of his Majesty's Subjects within those Limits, taking care to prevent the Subjects of France from Giving them any disturbance, by acts of violence, or injustice, or by any evasion contrary to the Spirit, and intention of the said treaties, and likewise to prevent the French from catching Fish, except within the distances and in the manner before mentioned.
3d
You are at the same time to be carefull that the subjects of his the most Christian King, be permitted quietly and peaceably to enjoy the privilege of fishing within the distances herein before mentioned, and you are to use your best endeavors, to prevent his Majesty's subjects from giving them any disturbance by acts of violence or injustice, or by any Evasion contrary to the Spirit and intention of the Said Treaties; and whereas by the Said Treaty of Paris, possession of the Islands of St Peter and Miquelon has been given up to France, in case any Endeavors shall be used to carry on any illicit Trade from those Islands with any part of His Majesty's Dominions in North America within the Limits of your station, you are to be particularly attentive to the same and prevent all Communication between the Islands of Saint Peter and Miquelon, and any part of His Majesty's Dominions in North America, and from time to time to give me such information of the illicit Trade suspected to be carried on between the Said Islands and the Continent of North America, as may come to your Knowlege.
4th
When you shall be stationed where fisheries are carried on, you are not to take on board the Ship you command to be Transported abroad any Seamen or other than such as do belong to you, and as you are not to lend any of your Ships company to any of the Fishing Vessels, so neither are you to suffer to be taken on board the Ship you command any Sort of Fish, either by way of Merchantdize, freight, or otherwise, excepting what be necessary for the use and Spending of your Ships Company.
5th
And whereas several Persons who have made Settlements, and formed estab lishments with a view of carrying on Sedentary Fisheries, on those parts of Quebec and Nova Scotia which lie on the Western side of the Gulph of St Lawrence, have been greatly obstructed and discouraged in the prosecution of their Laudable views by the Abuses and irregularities which have been committed as well by their own Servants, as by American Vessels which resort thither from New England, and other parts, you are hereby required and directed in case you shall at any time be stationed in the Gulph of St Lawrence, or on the Coast of Nova Scotia and Quebec, to visit and give all the protection in your power to the several Fisheries established in the Bay of Chaleur and Gaspee, and other places on the said Coasts, and you are also hereby required and directed to repair occasionally to the Island of St John to protect the Fisheries which may be carrying on, and to assist the infant Colony established there.
6th
You are not to dismantle your Ship or lay her up during the Winter unless there shall be real necessity for so doing of which you are to inform me, and give a particular account of the Condition you put her in, the time of her laying up, and the nature of the weather during the Winter.
7th
You are to give the utmost aid and assistance in your power upon the Water to the officers of the Customs in the due and legal execution of the Laws Trade and Navigation, according to tlie due intent and meaning of said Laws, and the Several Acts of Parliament made in that behalf for the support of the King's Revenue.
8th
You are to cause your Ship to be supplied from time to time, with such provisions as may be needful by such persons, or the Agents of such Persons as may be under contract with the Commissioners of the Victualling for furnishing the Same to his Majesty's Ships and vessels, at such places as you may have occasion to touch at taking care to make timely application to the Said Contractor, or their Agents, for such Provisions accordingly, and whenever you are ordered to England you are not to take in more than shall be sufficient to complete what you have on board to three Months, upon penalty of making Good what damage his Majesty may Sustain by your Acting otherwise.
9th
Whereas great Liberty has been some times taken in Supplying Owners or Masters of Merchant Ships with Naval Stores from His Majestys Ships upon Slight occasion, which is a proceeding that may be attended with many inconveniencies to his Majesty's Service, you are hereby Strictly charged not to Spare any Stores from his Majesty's Ship under your command to any Merchant Ship or Vessel whatsoever unless it shall very evidently appear that such Ship or Vessel is in the utmost distress for the want thereof, that the Same cannot possibly be otherwise procured, and that the Ship you command can Spare them without inconveniency, and even in such case you are not to take Bond for the delivery of the like species but to take care that the Same be either paid for to you or that sufficient security be given, that payment shall be punctually made to his Majesty's Storekeeper if at Halifax or to the Treasurer of the Navy in England, and to take care that an account be transmitted by the very first opportunity to me, of any Stores that shall be so spared by You, to whom, and the particular reasons for the Same, and in case any monies are paid to you on that account, you are to pay the same into the hands of the Storekeeper in Halifax.
10th
You are to observe that no Bills will be allowed for work done to his Majesty's Ship under your command between one refitting and another, unless some unavoidable accident, or the Service you are employed on, make the same absolutely necessary, in which case you are always to cause it to be done, with as much frugality as possible, to take proper Vouchers and draw Bills for the Same as directed by the General printed instructions; but you are never to make any alterations in your Ship without my order, unless it be for her immediate preservation, or 'tis obviously necessary for the Security or defence of the Crew during the present Rebellion and in that case to acquaint me therewith if any Expence is thereby incurr'd to the Crown.
11th
The Commissioners of his Majestys Navy having represented to my Lords Commissioners of the Admiralty that the expence of Cordage and Stores of all Sorts even at the Kings Yards abroad, appear to them to be very great, that they cannot help entertaining an opinion that there is carelessness in the use, and Management of them, and that Rigging is often condemned when it might last much longer, especially when they observe by the Journals delivered into their office, how very little some of the Stationed Ships appear to have been at sea; You are hereby Strictly charged to be very careful in the Management, and to use the utmost good Husbandry in the Expenditure of your Cordage, Rigging and other Stores, and to take care that none be condemned but when there shall be an absolute necessity for it.
12th
And Whereas it is highly necessary that you should be always as much as possible upon your Guard to prevent desertion you are never to suffer a Boat to go on shore from the Ship under your command witht [without] a petty officer in her, and whenever an officer goes on Shore upon Service, or his pleasure, the Same Caution is to be observed, and no Boat is to be kept waiting on any account, but as soon as the officer's appointed time, which he is to be enjoined to be very exact in keeping.
13th
And Whereas the Lords Commissioners of the Admiralty, have Signified that the Case relative to the importation of Bullion into his Majestys Colonies in North America in foreign Bottoms has been refered to the Attorney and Solicitor Generals, and that they have Given their opinion that by the true Construction of the 12th Charles the second; Ch. 18 and 7th and 8th of King William the third Bullion may be imported into the Plantations in foreign Bottoms, You are hereby required and directed not to Seize, or molest foreign Vessels bringing Bullion to any part of his Majesty's Dominion in North America, in like manner as has been heretofore used, but you are to convey them to Boston or to any port in possession of his Majesty's forces, and where the property may not fall into the hands of the Rebels untill my directions can be obtained concerning them.
14th
Whereas a New Settlement is forming and a Town building by his Majestys Subjects on Amelia Island on the Coast of East Florida, near the entrance of St Mary's River, You are hereby required in case you shall be stationed at [New] Providence and the Bahama Islands, to repair occasionally to the before mentioned Island, as the other Services on which you are employed will admit, and to give the Settlers there any protection and assistance they may stand in need of.
15th
And Whereas the King has thought fit to direct that a small part of his Forces stationed at St Augustine not exceeding Two Companies, shall do duty in the Forts of the Bahama Islands; You are hereby required and directed upon application from the commander in chief of his Majesty's Forces in North America for the time being to provide a passage for the said Forces and their Baggage on board the Ship you command to and from the said places as occasion may require, unless the Same should interfere with some other very essential Service, on which you may happen to be employed, at the time when the application is made in which case their transportation must be postponed 'till such very essential service shall be performed.
16th
Whereas it has been represented by Lord William Campbell late Governor of Nova Scotia, that the Revenue officers at Halifax have cause to suspect that an unfair use has sometimes been made of the Clause inserted in an Act of that Province: Whereby it is ordered that all Rum and other Spirits issued for the use of his Majesty's Ships, by the Contractors should be exempted from the Payment of the whole of the excise duties under certain Regulations, particularly that no part of what was shipped should be relanded, or sold within the Jurisdiction of that Province, In order therefore to prevent such abuse in future, you are hereby required and directed not to give any Certificate for Rum, or other Spirits received on board his Majesty's [ship] under your command when at Halifax, except for such Rum, or Spirits as shall be furnished by the Contractor of the Victualling or his Agent for the time being and the Quantity to be first certified from him to you before you sign any Certificate.
17th
The Commissioners of his Majesty's Navy have Signified to me that Men sent home from foreign Stations as Invalids having only written Certificates from the Surgeons of the Hospitals, which are not accompanied by the Ships Sick Ticket, whereby the public is put to great expense by their long continuance in the Hospitals in England before they can receive their wages, you are hereby required and directed in order to prevent invalids being sent home in this irregular manner in future to take particular care when any men are Discharged from his Majesty's Ship under your command unserviceable, that you transmit the proper pay Ticket and Certificate as directed by the Late Act of Parliament, to the Commissioners of his Majesty's Navy, and you are also directed when any Men belonging to his Majesty's Ship under your command are sent to the Hospital for cure in any part of the Continent, to send a duplicate Ticket properly filled up and Signed with them.
18th
You are further required and directed to cause your Purser to pay with Money for all such water as may from time to time be wanted for the use of His Majesty's Ship under your command; their Lordships having directed the Victualling Board to allow him on the passing his Accounts for all the Water he may so purchase, upon the Vouchers being approved by the commander in chief, and not otherwise, at the same time, I shall not allow of the Water being charged which you may use in brewing of Spruce Beer for the use of the Ship.
19th
And whereas the due performance of the Services aforementioned will depend in a Great Measure upon the Ship you command being at Sea as much as possible, you are to keep your Ship and Boats in constant readiness to attend such Service, and when Cruizing you are not to go into Port unnecessarily, nor to remain there longer than your wants, and necessaties or the public Service which may occasion your going thither, shall unavoidably require.
20th
You are to correspond with me at Boston & transmit to me by all opportunities an account of your proceedings, with the State and Condition of his Majesty's Ship under your command, together with such other accounts and Intelligence as you may judge necessary, to make me acquainted with and you are likewise to acknowledge in writing the receipt of all Letters, and Orders you may at any time receive from me on his Majesty's Service, mentioning the Date and purport thereof, and time of Receiving.
Given under my hand on board His Majesty's Ship Preston at Boston the 8th Octobr 1775,
To Captain Hamond2
Commanding His Majs Ship the Roebuck
By Command of the Admiral
Geo. Gefferina