"In Trondra, under the hands of your lessees as factors, the people can sell their labour and their goods to any buyer, so being they pay the stipulated rent.

"In Hildesay, Luija, and Havera the tenants fish, cure, and sell to the proprietor or others at the average price of the county, paying their rents in money.

"The natural result of all this is the production of a feeling of bondage most unfavourable in its influence towards the lessees themselves, and most pernicious in its influence over the tenants under them.

"Not only are the obligations under which the Burra people bend, introducing discord into families, restraining the energies of the fishermen, and tending to a deeply rooted aversion towards the lessees and their service, but producing systems of chicanery and deceit subversive of moral principle and destructive of all efforts in the proper training of the young.

"Having had these matters forced upon my attention, I am constrained to yield to the pressure, and submit them to your consideration-notwithstanding my great personal respect for the lessees-as requested, and that, in the hope that if you can now or hereafter mitigate the evil under which the tenants groan, in connection with the renewal of the lease, should such be contemplated, you will cordially do so, and thus confer upon them a lasting benefit.



"Before closing, I may add that a suggestion was made to submit the case to the consideration of the Fishery Board; but, as the const.i.tution and functions of that board are unknown to me, I have deferred until obtaining any suggestion you may be pleased to make for the future guidance of the poor people who, through me, now solicit your sympathy and aid.

"Having fulfilled my promise to write you, I have to express the hope that this confidential communication may receive your kind consideration, while any suggestion you may make for the improvement of the circ.u.mstances of the people will be cordially welcomed by."

That letter was sent to us to report upon, and we made some notes on it at the time, which I may read also-

"NOTES on a Letter of Complaint addressed to, Mr. Mack, S.S.C., Edinburgh, dated 5th April 1869, as to the Management of the Burra Islands under the present Tack.

"The writer of this letter, if he is stating honestly the reports that he has heard on his visits to Burra, seems to have considered it quite unnecessary to inquire whether they were true or false before committing them to paper; and apparently from a desire to make out a case of oppression, he has been ready to receive all that could help to it without separating the chaff from the wheat.

"The first head is, that every tenant is bound to pay 1 per annum for their sons who do not fish in vessels belonging to the tacksmen, or those of the Fishery Company under their management. In answer to this, it always been felt a great hardship to pay rent year after year for old men who were deeply indebted and earning little or nothing, but who had grown-up sons living, at home in idleness all winter and going out of the Islands to fish to strangers in summer. In order to get them to a.s.sist their parents, intimation was given at the commencement of the tack that such a charge would be made; but the result is, nothing has been recovered from them, and several of the Lerwick fishing vessels are manned up year after year with the best fishermen in Burra, and their fathers remain hopelessly in debt. Perhaps Mr Mack"s correspondent would say, rather than impose such a condition on the young men, we should roup up their fathers and turn them out of the Islands as paupers, when the sons would be compelled by law to a.s.sist them?

"The second charge is, that the tenants are bound to uphold their houses at their own expense. This complaint, unlike the others, is quite correct, but the obligation is not felt by the tenants to be very oppressive. [Page 98] Had the proprietors to pay the expense the case would be different, and this, added to the public burdens, would pretty well exhaust the whole rents. Such things, however, are never considered by would-be philanthropists; and if matters are made easy for the tenants, landlords may starve. Burra is not the only place in Shetland, or out of it, where tenants are bound to uphold their own houses.

"Third, The tenants hold their farms on the express condition that they shall deliver their fish to the factors; but it is quite untrue that the price allowed "is never than one shilling per hundredweight below the average price paid for green fish in the Islands; and in the case of herring, not less than five shillings per cran below the market price is a common thing." It is so far from the truth as scarcely to be worth denial; and if the author of this statement had been desirous to get at facts, he could without difficulty have discovered that his informant, was practising a deception on him, and that the Burra people had not this evil to groan under.

"The lessees have no hesitation in referring to the tenants, themselves and to all other parties in the locality to whom the circ.u.mstances are known. (See annexed note of the prices paid in Burra and throughout Shetland for the last four years.) As to the obligation on the tenants to deliver their fish to the factors-if they were free to cure and sell as they chose, who would advance them, with boats and fishing materials, and support their families during the progress of the fishing? and would the proprietors get the rents paid half-yearly as at present? or would they not rather find the princ.i.p.al part of it standing as arrears in their books at the end of the first year of freedom? And in the event of a short fishing or bad crop (both frequent occurrences), without any one to a.s.sist them till the return of better seasons, is it not evident, at least to those who know about tenants in fishing districts, that the Burra people would soon be little better than paupers?

"Take the last year as an instance, when the heavy debt due by the tenants to the lessees was increased upwards of 200.

"Mr. Mack"s correspondent should suggest a remedy for all these evils, to be inserted in the next lease; or, as he seems to hint that the Fishery Board may be induced to interfere and make things straight now, it might be well to place the Islands under his management for a year or two by way of trial. The lessees could have no objections if the balances due to them were paid.

"The oyster fishing is the fourth grievance, and the statements in it are as little in accordance with facts as the rest. A few years ago, when oysters came to be asked after for export, the scaaps in Burra being of limited extent, an attempt was made to preserve them for old men and others in the quarter who were unable to prosecute the spring fishings; but in the course of a year or two people came from Scalloway and other places and carried them away in boat-loads. Seeing this, the factors told the Burra folks as far as possible to secure the oysters for themselves, and they have since been selling them in large quant.i.ties here and there without let or hindrance, and it is said the supply is now about exhausted.

The tack conveys right to the whole fishings of the islands; and had the matter been of any importance, the lessees might have interdicted strangers, and limited the fishing for the benefit of the tenants as first intended; but this cause of offence seems to be set at rest now for the remainder of the lease.

"The fifth statement appears to be, that people living in the Islands, not fishing themselves (suppose ministers or the schoolmasters, as these are the only parties in the Islands no way connected with the fishings), cannot get fish to purchase for their own use. This is quite absurd; no such restriction was ever heard of or imagined, either by proprietors; tacksmen, or tenants.

"And next, as to tea sellers, had not the Excise interfered to put down the practice, every other house in Burra would have been a shop in a small way to sell, not only tea, but other goods of a less harmless description that had not always pa.s.sed through a custom-house. The tacksmen plead guilty to using their best endeavours to a.s.sist in shutting up these shops, but they deny that they have ever interfered with the Burra people directly or indirectly in the sale of their cattle, hosiery, or produce of any kind, except fish. Nor have they ever placed a shop in the Islands for sake of the tenants custom, as they might have done, but left them free to sell such produce and obtain their supplies where they liked.

"Trondra is referred to as a free island; but does Mr. Mack"s correspondent suppose the people are in better circ.u.mstances on that account? And is he aware of the amount of arrears due to the landlord? the tenants" earnings, in most cases, being spent as fast as they are made. If the tenants in the other islands mentioned are free also, it is not generally understood to be the case, and it happens at this very time two tenants from these islands have taken farms, and are about to remove to the land of bondage-Burra."

3971. Is it the case that no other shop than yours is allowed in Burra?-Yes.

3972. You say that if shops were allowed there, every other house would be used as a shop, and every person would set up for selling tea and other goods?-Yes. What I referred to there was, that the Burra people were in the habit of bringing home a quant.i.ty of uncustomed goods from Faroe, and going round the country and selling them elsewhere. We set our face against that, and endeavoured to put it down.

3973. Has there been a tendency to that in the Faroe fishing?-Not lately; because some of the people were severely punished for it.

3974. But formerly there was a tendency that way?-At first there was a good deal done in that way, but now I don"t think there is anything.

3975. You are not aware whether there is any smuggling in the Shetland Islands at present?-Two or three years ago, there were some of the crews severely punished for that, and I don"t think there is any smuggling going on now.

3976. That was one of your reasons for prohibiting shops in Burra?-Yes, it was one reason.

3977. But the effect of that prohibition is that the people have to go to Scalloway for goods?-They can go out of the island and get their goods where they like.

3978. Have you information at present from which you are able to state what proportion of the Burra islanders keep accounts with your shop in Scalloway?-Not at present. Their names may be in the books, but they may get very small supplies from us, and they can get supplies from other people as well.

3979. There are other shops in Scalloway?-Yes; there are several other shops there, and the men may take some goods from us and some from others.

3980. You say that now the oyster-beds there are really exhausted?-Yes. Oysters were got in pretty large quant.i.ties in Burra for a number of years, but now they are exhausted; they were taken up in such quant.i.ties and sent away.

3981. Are there any oysters got at Scalloway?-Very few. You can get a hundred or half a hundred occasionally.

3982. Are the men bound to deliver to your firm what oysters they take up?-No; they have not been doing it.

3983. Then they are free to dispose of the oysters to any person they like?-They are free to dispose of them, but there are so few to get now that it is no object to go in for that.

3984. Have there been no disputes about oysters there?-Not that I know of. The Scalloway people carried away a great many oysters from Burra.

3985. You have prepared a note showing the number of families in Burra, and also the total sums paid in cash to your fishermen at settlement at your other stations besides Whalsay?-Yes. The number of families in Burra is 108. There are 318 males on the island, and 867 females-in all 685. I may mention also that [Page 99] of the Burra men who go to the fishing, in summer in smacks, 19 went in vessels belonging to Hay & Co., and 73, in vessels belonging to other owners. The cash paid to fishermen at settlement at other stations besides Whalsay was as follows 1870, Fetlar & E. Yell,.. 138 19 3 "Dunrossness..521 13 111/2 " North Roe ..539 9 01/2 1871, Fetlar & E. Yell,..310 6 61/2 "Dunrossness ..395 19 3 "North Roe .. 757 17 01/2

In the statement which I gave in, I stated that the arrears of land-rent due on the Simbister estate were 57; but since the statement was prepared, that sum has been lessened by 8, which has been paid.

3986. Do you pay your balances to the Whalsay men by cheques on the Union Bank?-Not altogether. To some extent we pay them in notes and gold and silver.

3987. In 1870, you gave cheques to the amount of in sums of 5 and upwards?-Yes.

3988. Below that sum they would be paid in cash?-Yes. In the past year I gave cheques to the amount of 465.

3989. Some of these men, I suppose, would leave their money at the bank?-I daresay they did.

3990. Is there anything else that occurs to you to state with regard to the fishings?-Nothing.

3991. You are now out of the trade of engaging men for the Greenland whale fishery?-We are just about out of it.

3992. You have intimated to your correspondents in the south that you are not to act for them any longer in that matter?-Yes.

3993. Your commission there was 21/2 per cent. upon the wages and oil-money of each man, and that commission was paid to you by the shipowners?-Yes.

3994. Do you consider that that was an inadequate remuneration for the trouble you had with the men?-Yes. It was not only an inadequate remuneration, but we were supposed to be taking advantage of the men in settling with them, and that has led us to give up the agency. It was thought that we did not actually settle with them in cash, but that we gave them goods for their wages

3995. You have added to your written statement on this subject an abstract of your dealings for the last three years with the men engaged in some of these whaling vessels, which shows that during that period the average amount of wages and oil-money paid annually to each man was 11, 13s. 6d.; the supplies given to the man before sailing and to his family during his absence were on an average 1, 7s. 2d-leaving a balance of 10, 6s. 4d, which was paid in cash?-Yes. That balance was actually paid to the men in cash, in presence of the marine superintendent, by one of our clerks. Perhaps I may be allowed to refer to the report made by Mr Hamilton to the Board of Trade on this subject, which was communicated to the previous Commissioners on Truck, and which is printed in the appendix to their report.

3996. Have you any explanation to make with regard to that report?-The only explanation I have to make is to contradict publicly the whole statements contained in it; and I hope the result of your examination here will prove to the author of report, and to others, that they should not hastily jump at conclusions, and condemn people unheard.

3997. Do you contradict the whole of the statements in that report, without exception?-Yes, I contradict them publicly, and I say that, they are not in accordance with the facts.

3998. The report says: "Almost every fisherman in the islands is in debt to some shopkeeper:" is that incorrect?-It is not the case that the whole fishermen in the islands are in debt.

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