In 1628 Robert Hayman, who accompanied the above-mentioned expedition of 1610, published a book entitled "Quodlibels, lately come over from New Britaniola, Old Newfound-Land," etc. Among the "epigrams" are a number of verses, in which he pays a tribute to leading North American colonizers, sets out the advantages offered by the new colony, and makes many apt and wise observations regarding colonization. The reader will no doubt welcome a few passages, which he may regard—to use Livy's phrase—as "deverticula amoena" in this account of our subject.

To the Worshippful Captaine John Mason, who did wisely and worthily governe there divers yeeres.

The aire in Newfound-land is wholesome, good; The fire, as sweet as any made of wood; The waters, very rich, both salt and fresh; The earth more rich, you know it is no lesse Where all are good, fire, water, earth, and aire, What man made of these foure would not live there?

To all those worthy women, who have any desire to live in Newfound-land.

Sweet creatures, did you truely understand The pleasant life you'd live in Newfound-land, You would with teares desire to be brought thither: I wish you, when you goe, faire wind, faire weather: For if you with the passage can dispence [= bear] When you are there, I know you'll ne'r come thence.

In praise of my Newfound-land.

Did some know what contentment I found there, Alwayes enough, most times somewhat to spare. With little paines, lesse toyle, and lesser care, Exempt from tanings, ill newes, lawing, feare....

To the first Planters of Newfound-land.

What ayme you at in your plantation? Sought you the honour of our nation? Or did you hope to raise your owne renowne? Or else to adde a kingdome to a crowne? Or Christ's true doctrine for to propagate? Or drawe salvages to a blessed state? Or our o're peopled kingdome to relieve? Or shew poore men where they may richly live? Or poore mens children godly to maintaine? Or aym'd you at your owne sweete private gaine?

To some discreet people who thinke anybody good enough for a plantation.

When you doe see an idle, lewd, young man, You say hee's fit for our plantation. Knowing your selfe to be riche, sober, wise You set your owne worth at an higher price. I say, such men as you are, were more fit, And most convenient for first peopling it: Such men as you would quickly profit here: Lewd, lazy lubbers, want wit, grace, and care.

To the famous, wise and learned sisters, the two Universities of England, Oxford and Cambridge.

Send forth your sons unto our new plantation; Yet send such as are holy, wise, and able.

The same writer submitted to Charles I. a remarkable "proposition of profitt and honour," in which he unsuccessfully called for the King's help and patronage in regard to the colonization of the island.[27]

In 1637 the Commissioners of Foreign Plantations, who had been appointed three years before, resolved that the old colonial grants had lapsed, and transferred them to new patentees, prescribing, under the new fishing rules made by the Star Chamber (1634), one system and area of control for settlers, and another for fishermen, and restricting their respective activities. The first Governor under this regime was Sir David Kirke, who established himself at Ferryland (1638) with a number of settlers variously estimated at from thirty to one hundred persons. His charter was a liberal one, embracing the whole island, and was the reward of his gallantry in the capture of Quebec. He introduced the practice of levying rent, imposing licence fees, and exacting an excise of 5 per 120 fish on alien fishermen. The convulsions of the Civil War were felt even in Newfoundland, and Kirke paid for his Royalism by the loss, under the Commonwealth, of his noble possession (1651).

What has been described as a period of repression in the history of Newfoundland began with the reign of Charles I. and continued to the end of the eighteenth century. As a recent writer observes: "In the fairy story it is the youngest sister, but the eldest sister is the Cinderella of colonial history. If Newfoundland had experienced only the healthful neglect under which the other colonies prospered, she too would have grown into vigorous life. But a strong and influential class in England was interested in harassing the settlers, in depreciating the resources of the island, and in throwing every obstacle in the way of permanent settlement. This policy came in with Charles I. and continued down to the very commencement of the nineteenth century. Captain Mason, Sir William Vaughan, and Captain Whitbourne had written favourably of the island; but from their day down to 1842, when Sir Richard Bonnycastle wrote his book, every writer described it as barren; in summer gloomy with perpetual fog, and in winter given over to excessive cold and blinding snowstorms. The west country people of England, generation after generation, drew from the fisheries of Newfoundland enormous profits, upon which prosperous mercantile establishments and noble families were built up and sustained in England. They considered and called them 'their' fisheries, and their interests required that there should be no resident population to compete in their monopoly, to share the best fishing rooms, and to grow up to be dangerous rivals in foreign markets. The influence of this class upon the government was incessantly exercised in framing regulations and laws to choke the growth of the colony.

"The confused annals of this period can only be understood by remembering the existence of two antagonistic parties, the 'planters' and inhabitants on the one hand, who, being settled there, needed the protection of a government and police, with administration of justice; and the 'adventurers' or merchants on the other, who, originally carrying on the fishery from England, and visiting the island only for the season, needed no such protection for themselves, and had various reasons for preventing its being afforded to the others.

"If the Mother Country had only forgotten the island it would have prospered; but in 1633 the English merchants succeeded in procuring from the Star Chamber rules and regulations drawn solely to advance their own private interests, and these rules were supplemented always in the same direction, by the same oppressive agency."[28]

At this time the resident population of the island cannot have exceeded a few hundreds, and every step was adopted which a vicious political economy could suggest to keep the numbers down. It was made penal for a settler to dwell within six miles of the shore, for a planter to cut down wood or plant within six miles from the shore, for any planter or inhabitant to take up the best positions in the harbours before the arrival of the fishing-fleet in the spring; and every master who sailed with a crew to Newfoundland was under bond—lest here and there a permanent settler should filter through—to return with his exact complement of hands. Their Lordships of the Committee of Trade and Plantations were not superior to the prejudices of the day, and they resolved in 1675, "That all plantations in Newfoundland should be discouraged ... or that the western charter should from time to time be put in execution; by which charter all planters were forbid to inhabit within six miles of the shore from Cape Race to Cape Bonavista." Equally considerate and attentive were the efforts of the home country to cope with crime in the island. The Star Chamber ingeniously provided that persons charged with homicide, or with stealing to the value of 40s., should be brought home and submitted to the judicial experience of the Mayors of Southampton, Weymouth, and other specified towns. The discrimination may also be admired which prohibited stealing from the fishing nets. It must be supposed that time hung heavily on the hands of the settlers in the intervals of the fishing, for we find at the period much time and industry wasted on petitions to the Committee of Trade, who possibly treated them as Grenville's predecessors are said to have treated the American despatches. The Board of Trade, which inherited the duties and the incompetence of the Committee, proved more complaisant, and was indeed prepared to tolerate permanent settlers to the number of one thousand. A struggle was imminent, if only they had known it, when the presence of a few thousand resolute settlers in Newfoundland would be of high moment to the interests of England.

The life of such as were allowed to remain must have been wild and strange, alternating between the populous alacrity of the fishing season and the hand to mouth struggle of the long winter months. Perhaps the amenities of life were not missed because they can hardly have been known; but the restrictions on building and the absence of local authority must early have given rise to bitterness and discontent. Certainly we must admire the constancy of men who were content to live, a solitary cluster, on the coast, with an unexplored interior and savage inhabitants behind them, and with no more secure prospect of material progress than a process of undetected squatting on the forbidden ground.

* * * * *

With regard to the plantations that have just been mentioned, reference may be conveniently made here by way of parenthesis to the survival in Newfoundland of certain terminology and customs, which form an interesting connecting-link between the early enterprises and modern usage and practice. In the words of a writer[29] fully conversant with the present conditions of the island: "Because of its early 'plantations,' the word 'planter' is still current in the insular vocabulary, and the 'supplying system' still prevails, the solitary links which connect with these bygone days. A 'planter' in Newfoundland parlance is a fish trader on a moderate scale, the middleman between the merchant, who ships the cod to market and the toiler who hauls it from the water. 'Plantations' are yet interwoven with local tradition, and show on ancient maps and charts. The tenure of some has never been broken; the names and locations of others are perpetuated in the existing fishing hamlets which dot the shore line. Under the 'supplying system' the merchants and planters 'supply' the fisherfolk each spring with all the essentials for their adequate prosecution of the industry, and when the season ends, take over their produce against the advances, made them six months before. The 'merchants' are the descendants of the early 'merchant adventurers' who exploited the new-found Colony."

* * * * *

FOOTNOTES:

[23] Op. cit., p. 42.

[24] Stanford's "Compendium of Geography and Travel" (new issue): North America: vol. i. Canada and Newfoundland. Edited by H.M. Ami (London, 1915), p. 1009.

[25] See Rogers, op. cit., pp. 59 seq.

[26] Ibid., p. 59.

[27] See article by G.C. Moore Smith, in "English Historical Review," vol. xxxiii. (1918), pp. 31 seq.

[28] Stanford's "Compendium," pp. 1010, 1011.

[29] P.T. M'Grath, "Newfoundland in 1911" (London, 1911), p. 46.



CHAPTER V

THE STRUGGLE FOR EXISTENCE

In the reign of Charles I. a duty of five per cent. had been imposed on the produce of all foreign vessels engaged in the Newfoundland trade. Twenty-five years later the French under Du Mont, then proceeding to Quebec with a contingent of soldiers and colonists, established a settlement at Placentia, on the southern coast, fortified it, and made it the seat of a resident Governor. They continued, however, to pay the duty in recognition of English sovereignty. Charles II. abolished the duty to oblige his French patron, and with the abolition began the history of French aggression. Very soon after their establishment the French settlers repudiated England's sovereignty over the south parts of Newfoundland, and from time to time strengthened their colony by bringing over bands of French immigrants. It was clear to many that the extension of French power in Canada and Newfoundland was a serious menace to the English fisheries and settlements: leading statesmen, however, refused to recognize the danger, and believed that if any really existed, the system of convoys would obviate it. The convoy-captains, enlarging the sphere of their regular activities, saved the colony, and during their intermittent visits took upon themselves the functions of governors, and effectually prevented the diffusion of anarchy. The Governors of the French colony made their presence felt more than the English settlers could tolerate; they interfered with them unduly, engaged in privateering expeditions and land forays against them, destroyed their property, and burned down their houses. Indeed, more than one French Governor conceived the notion, with the sanction of the King of France, of putting an end entirely to English colonization in the island. "The encroachments of the French," said William III., in his Declaration of War, "on His Majesty's subjects trading and fishing there, had been more like the invasions of an enemy than becoming friends, who enjoyed the advantages of that trade only by permission." With the outbreak of war came in sharp succession the attacks of Chevalier Vesmond, and of Burrill, beneath the latter of which all the island but Bonavista and Carbonier succumbed.

The Treaty of Ryswick in 1697 was signed before the French had been dislodged. Under its terms the invaders surrendered their conquests and retired to the territory in the south-west, of which they were in occupation when the war began. The anomaly of their claims, passed over in silence by the Treaty, was certain to be the source of mischief. In the language of Mr Pedley, "Over a territory of some 200 miles in extent, belonging to the British sovereignty, they had built up imperceptibly an almost undisputed dominion." Five years after the Peace of Ryswick war broke out again. An English squadron under Admiral Sir John Leake destroyed a number of French fishing-vessels between St. Pierre and Trepassey (1702), and in the following year Admiral Graydon failed to reduce Placentia, owing to sickness, bad weather, as well as want of resolution. In January 1705 the French in retaliation surprised and captured St. John's. From this point they overran the English settlements, Carbonier once again weathering the storm, and abandoned themselves to depredation and devastation, as they had done in the conflict a few years before.

The Treaty of Utrecht in 1713 found the French still in possession. The provisions of this Treaty require careful consideration. Full sovereignty over the whole of Newfoundland and the neighbouring islands was declared to belong to England. Placentia was to be handed over. Article XIII. of the Treaty contains the following provisions:

"Nor shall the most Christian King, his heir and successors or any of their subjects, at any time hereafter lay claim to any right to the said island.... 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 useful for drying of fish, or to resort to the said island beyond the time necessary for fishing and drying of fish. But it shall be allowed to the subjects of France to catch fish and to dry them on land in that part only which stretches ... from Cape Bonavista to the northern part of the said island from thence by the western side as far as Cape Riche."

The fishing concession to France herein contained was wholly inexcusable. The latter country was in no position to refuse terms, and an absolute reservation of all fishing rights should have been insisted on in the interests of the colony. A culpable Ministry, short-sightedly regarding Newfoundland as little more than a fishing-station, chose rather to make a graceful concession, and we inherited the consequences in our Newfoundland Fisheries controversy with France, which lasted for nearly two centuries. However, the half century following the Treaty of Utrecht—an important turning-point in the history of the colony—marks a period of progress; and after another Anglo-French conflict, from which the English emerged victorious, we find in the ensuing half century the establishment of a definite policy of colonial permanence.

The abuses connected with the admirals' jurisdiction had been partially corrected by the authority, on appeal from them, of the King's commanders stationed off the island. Still, the evils were very real, and extorted recognition even from the gang of west country monopolists who strangled for so long the growth of the island. We find a recommendation offered by them to the Board of Trade with astounding assurance, that the 3000 odd men, women, and children, who by this time composed the population of Newfoundland, "should be encouraged to settle in Nova Scotia—as they might be of service there, where inhabitants were wanted."

The colonists themselves had other and better remedies. A spontaneously elected Assembly passed ordinances which attest the sincerity of the general desire for reform. In 1728 the informing zeal of Lord Vere Beauclerk elicited a decisive step from the Board of Trade, and Captain Henry Osborne was appointed the first Governor of Newfoundland (1729), with authority to appoint justices of the peace. Even at such a moment the cloven hoof of prejudice peeped through, and Osborne and his justices were explicitly warned to interfere in no way with the privileges of the admirals, as defined by 10 and 11 William III. Governor Osborne addressed himself to his duties with great energy. He appointed justices and constables, carved the island into districts, and erected prisons and stocks. His influence was weakened by his departure when the season ended, for till the nineteenth century the governors, like the fish, were migratory. A tedious quarrel followed between the justices and the admirals as to the limits of their respective jurisdictions; the admirals, whose wits seem to have been sharpened by judicial practice, insisting that their own authority was derived from statute, whereas that of the justices merely rested upon an Order in Council.

In 1749 the great sailor Rodney, then a commander in the Navy, was appointed Governor. He distinguished himself by a humane consideration for the interests of the fishing servants. His answer to a petition from the merchants for permission to lower the contract rate of wages, in view of the badness of the season, has often been quoted, and is pleasant to read:

"Mr Drake and myself would be glad to ease the merchants in all that lay in our power, but we are by no means capable of acting as desired, to serve any people whatever. I have only one question to ask, namely: 'Had the season been good in proportion as it has proved bad, would the merchants or boat-keepers have raised the men's wages?'"

In 1750 came another advance. Commissioners of Oyer and Terminer were appointed for the island; that is to say, persons authorized to "hear and determine" on capital felonies committed in Newfoundland. This change ended the costly farce by which such persons were sent to England for trial. Seven years of development followed, to be broken by the long struggle between England and France, which the splendid genius of Pitt inspired and directed. He not only "conquered America in Europe" by the prodigal carelessness with which he poured subsidies into the treasury of Prussia, but he conceived and delivered in America itself a death-blow to French ambition. In 1758 Amherst and Wolfe, with a fleet of 150 vessels, were sent to attack Cape Breton, and after assaulting Louisbourg, the capital, received the submission of the island. In 1759 came General Wolfe's night assault on Quebec, and the unforgettable battle in which he lost his life. The only French success was gained at the expense of Newfoundland, for St. John's surrendered to an adventurous French expedition under Count d'Haussonville in June 1762. Admiral Lord Graves, the Governor, who was on his voyage from England, received the news in time to prevent him from landing. He vigorously concerted a plan of attack with Admiral Lord Colville, who was in command at Halifax, and after a lively investment the French garrison, numbering 700 or 800 strong surrendered on terms (September 20th, 1762), but the French Navy managed to escape, thanks to a fog.

The Treaty of Paris in 1763 brought the war to an end. Its course had afforded one more opportunity of simplifying the condition of the fishing industry. The English Ministry, under the nerveless guidance of Lord Bute, omitted to seize it, and the Newfoundland clauses of the Treaty of Utrecht (which had granted to the French fishery and drying rights on the coasts between Cape Bonavista and Point Rich) were confirmed, notwithstanding the fact that the English settlers had extended their occupation as far north as Twillingate, and French fishermen had not for three decades previously been further south than Fleur-de-Lys and White Bay. One clear, protesting voice was heard. "I contended several times in vain," said Pitt, "for the whole exclusive fishery, but I was overruled—I repeat, I was overruled, not by the foreign enemy, but by another enemy."

The House of Commons, under George III., was a corrupt and discredited body; and the Treaty of Paris was affirmed by 319 votes to 65. It had fallen to the lot of Governor Palliser—a fine reactionary in the view he took of his charge—to frame local orders for carrying out the provisions of the Treaty of Paris. His orders were clear and unambiguous. The French right of fishing within the permitted area was declared to be concurrent. The English jurisdiction was affirmed except in disputes between French subjects.

Between the capture of French America and the revolt of the older English colonies a few years of peace intervened. Cook, the great discoverer, who had served under Lord Graves in Newfoundland in 1762, spent the four years from 1763 to 1767 in an invaluable survey of the island, wherein he showed for the first time its correct shape, and glancing inland foretold for it a great mining future. The annexation of Labrador, affected by the proclamation of October 7th, 1763, added to the area and importance of the colony.

It would be unreasonable to look for religious enlightenment in the early history of Newfoundland. "Coelum non animum mutant qui trans mare currunt": there was little tolerance in the England of the eighteenth century, and even the New England settlers had shamed their faith by outrages on the Quakers. In Newfoundland religious feeling ran high, as it has so often done when Roman Catholics and Protestants live side by side. The Roman Catholic element in Newfoundland, though a minority, was considerable in numbers: for the sorrows of Ireland had brought many of her children from one sorely tried island to another. The Protestant majority, forgetting the tradition of Lord Baltimore, abused their supremacy. Heavy fines were inflicted on priests for holding services, and the scenes of their ministrations were burned to the ground. Mr Pedley quotes a letter, written by Governor Dorrell, to a bench of magistrates in 1762:

"Whereas I am informed that a Roman Catholic priest is at this time in Harbour Grace, and that he publicly read Mass, which is contrary to law, and against the peace of our Sovereign Lord the King; you are hereby required and directed, on the receipt of this, to cause the said priest to be taken into custody, and sent round to this place. In this you are not to fail."

Mr Pedley quotes a letter from Governor Bonfoy to certain justices, which grimly illustrates the prevalence of crime in the eighteenth century:

"Whereas I think, for the good of this island in general, that gallows should be erected in the several districts, in order to deter from their robberies a parcel of villains, who think that they can do what they please with impunity.... You are, therefore, hereby required and directed to cause gallows to be erected in the most public places in your several districts, and cause all such persons as are guilty of robbery, felony, or the like crimes, to be sent round to this place in order to take their trial at the annual assizes held here, as I am determined to proceed against all such with the utmost severity of the law. Given under my hand at St. John's, the 12th of October, 1754."

Newfoundland was naturally affected by the rebellion of the American colonies. Of these Montcalm, in 1758, had written with rare insight: "The several advices I daily receive assure me England will one day lose her colonies. As to the English colonies, one essential point should be known: it is, that they are never taxed. The Mother Country should have taxed them from the foundation; I have certain advice that all the colonies would take fire at being taxed now."[30] The expulsion of the French from America had already lessened the dependence of the colonies upon the home country, when the House of Commons directed its corrupt and blighting attention to the English colonial system. The Stamp Act was passed in 1764, and repealed in 1766. In 1768 came Charles Townshend's mischievous duty on tea; and the American Congress met at Lexington in 1774. At this time the resident population of Newfoundland amounted to over 12,000[31] and it was soon realized that the colony would be gravely affected by the outbreak of war. Congress at once prohibited all trade with the English colonies. The seriousness of this blow was extreme, for Newfoundland was largely dependent upon the American trade for the necessaries of life. Want and tempest worked together for ill, and the year 1775 is one of the blackest in the history of the colony. The treaty with France in 1778 brought to the American colonists a success which their resources and, it must be added, their resolution could hardly have won alone, and once more exposed Newfoundland to European attacks. It was protected by the energy and resource of Governor Montague.

In 1775 came the very important Act known as Palliser's Act. This statute was based on the old selfish and restrictive view that Newfoundland should be a training ground for the Navy, and a place of trade, not a permanent settlement. Bounties were given to the fishing industry, and stringent measures were provided to ensure that masters trading to the island should return with undiminished crews. The privilege of drying fish was to be enjoyed only by such of the King's subjects as sailed to Newfoundland from Great Britain, or from one of the British dominions in Europe.

An interesting light upon the economic condition of the colony is thrown by the following figures:

Estimate of the sums necessary to pay the salaries of the Governor and Civil Officers in the Island of Newfoundland from April 1st, 1787, to April 1st, 1788:

L s. d. Salary of the Governor 500 0 0 The Governor's Secretary 182 10 0 The Judge of the Admiralty 200 0 0 The Naval Officer 100 0 0 The Agent 100 0 0 On Account, for Fees on Receipt and Audit 100 0 0

L1,182 10 0

It will be of interest to give here a few figures as to the growth of the English population in order to show that colonial developments were proceeding in the right direction. "Residents grew apace, as the increase of women and children from 612 in 1710 to 1,356 in 1738, and to 2,508 in 1754 attested. Heads of families accounted for a third more, so that in round numbers permanent residents were 800 in 1710, 1,800 in 1738, and 3,400 in 1754. The ship's crews of English ships, for whose sake the older theorists taught that the fisheries primarily existed, numbered 3,600 in 1738 and 4,500 in 1754, so that they outnumbered residents, in the strictest sense of the word residents. But if residents included all those who wintered on the island, they outnumbered ship's crews during this half-century. On the other hand, if passengers were added to ships' crews, the visitors outnumbered the settlers, except when there were war scares....[32] Between 1764 and 1774 residents for the first time continuously outnumbered visitors. During these years the winter residents, including male hangers-on as well as settlers, averaged 12,340; and visitors, including 'passengers' as well as ships' crews, averaged 11,876; or excluding male hangers-on from the one side and passengers from the other side, residents averaged 5,660 and visitors 5,435. Figures no longer yielded an uncertain sound. The Rubicon was only just crossed, but was indisputably and irrevocably crossed. Thenceforth the living-rooms were larger than the corridors, and political arithmetic pointed at the permanent occupants as the men of destiny. In 1764 the new tilt of the balance struck the law officers of the Crown, who wrote that it was 'disgraceful to suffer' the Act of 1699 'to remain in the Statute Book' as circumstances had so much changed. This disproportion increased; and the 12,000 inhabitants of 1764-74 swelled to 17,000 in 1792, 20,000 in 1804, and 52,000 in 1822, without any corresponding increase on the part of those who appeared every spring and faded away every autumn, like leaves or flowers."[33]

* * * * *

FOOTNOTES:

[30] Quoted in Egerton's "History of British Colonial Policy."

[31] But see the end of the present chapter in regard to the character and fluctuations of the population.

[32] For example, in 1745, 1746, 1757.

[33] Rogers, op. cit., pp. 122-123, 137-138.



CHAPTER VI

THE ENGLISH COLONIAL SYSTEM AND ITS RESULTS

The War of American Independence forms a convenient point at which to examine for a moment in passing the English colonial system, of which Newfoundland was in some sense a victim. It may then at once be stated that in the English view, as in the Spanish view, a "plantation" was expected, directly or indirectly, to contribute to the wealth of the Mother Country. If it contributed much, it was a good colony; if little, its consequence was less. Hence the English legislation throttling colonial manufacturers in the supposed interests of English merchants, and confining colonial trade to English channels. Hence the disregard, persistent and unashamed, of Adam Smith's immortal saying: "To prohibit a great people from making all that they can of every part of their own produce, or from employing their stock and industry in the way that they judge most advantageous to themselves, is a manifest violation of the most sacred rights of mankind." Long before Smith, the wisest of Englishmen had sounded a clear note of warning far in advance of his age. Bacon wrote in his essay on plantations: "Let there be freedom from custom, till the plantation be of strength: and not only freedom from custom, but freedom to carry their commodities where they make their best of them, except there be some special cause of caution."

Any stick has been thought good enough to beat those who lost America, but we must not suppress the little that may be urged on their behalf. Here again may be cited the dispassionate opinion of Adam Smith: "Though the policy of Great Britain with regard to the trade of her colonies has been dictated by the same mercantile spirit as that of other nations, it has, upon the whole, been less illiberal and oppressive than that of any of them." To the same effect Mr Lecky: "It is a gross ... misrepresentation to describe the commercial policy of England as exceptionally tyrannical." In fact, the expense of protecting Newfoundland and America against French attacks was serious and constant. That the colonies owed contribution to that defence is clear, for it would be involved in any other view that an American enjoyed a natural right to be protected against France at the charges of a Londoner. In the face of all this the colonies were conspicuously and notoriously unable to agree upon any principle of allocating grants. In this respect Newfoundland was no better than the American colonies. "We should be extremely concerned," wrote a merchant officially consulted on the point, "to see any species of taxes introduced into this island which would inevitably be burdensome and inconvenient to the trade and fishing in general, and we trust that in the wisdom of His Majesty's Ministers no such innovation will take place."

The attempt, then, to tax from home was defensible, and Chatham was clearly wrong in denying its legality. On the other hand, to persevere in the attempt was the folly of weakness, mistaking obstinacy for strength.

It must be remembered, as a partial extenuation of English selfishness in Newfoundland, that the long arm of England was ever extended for the colony's protection, and that the charges therefor were defrayed by the English taxpayer. Hence the view followed, naturally but unfortunately, that the island was an asset to be exploited commercially in the interests of the home country.

In 1783 the Treaty of Versailles revised the French rights conferred by the Treaty of Utrecht. The French boundary was contracted from Cape Bonavista to Cape St. John on the east coast, and was extended from Point Riche to Cape Ray on the west. The whole subject of the French claims will be examined in a separate chapter,[34] but a very important undertaking set forth in the Treaty of Versailles must not be omitted:

"His Britannic Majesty ... that the fishermen of the two nations may not give cause for daily quarrels, was pleased to engage that he would take the most positive measures for preventing his subjects from interrupting in any measure by their competition, the fishing of the French during the temporary exercise thereof which is granted to them upon the coasts of the island of Newfoundland, and that he would for that purpose cause the permanent settlements which should be formed there to be removed, and that he would give orders that the French fishermen should not be incommoded in the cutting of wood, necessary for the repair of their scaffolds, huts, and fishing boats."

In the time of Governor Milbanke, in 1791, an Act of Parliament tardily created "the Court of Civil Jurisdiction of our Lord the King at St. John's in the island of Newfoundland," which Court was empowered to try all civil cases except those relating to land, and which usually began actions by the peremptory procedure of arresting the defendant and attaching his goods. The following year a supreme Court of Civil and Criminal Judicature was instituted which superseded the Court erected the previous year, put an end to the authority of the "fishing-admirals," of the Courts held in summer by surrogates (naval commanders visiting the island) and of the Courts of Session held in winter by local justices of the peace, and was empowered to try all persons charged with criminal offences and determine civil suits, including those relating to land, and to make arrest and attachment in civil suits discretionary and alternative. The jurisdiction of the Court was renewed annually, then triennially; and John Reeves, to whose history all writers on Newfoundland owe so much, was appointed the first Chief Justice; but he remained in the island only till 1792, when he was succeeded by ex-surgeons, collectors of customs, and merchants. In 1809 a perpetual Act was passed, which purported to abolish definitely the diverse and sporadic jurisdictions; but such is the force of old customs and practices that it was not till 1824 that the old Session Courts, Courts of Surrogates and of fishing-admirals were finally extinguished, and at the same time two assistant judges were appointed to aid the Chief Justice, and all three judges were to be English or Irish barristers. A Court of Civil Jurisdiction was also created for Labrador. We may recall here the observations of Chief Justice Reeves on the fishing-admirals: "They are ever the servants of the merchants. Justice was not to be expected from them; and a poor planter or inhabitant, who was considered little better than a law-breaker in being such, had but a small chance of justice in opposition to any great west-country merchant. They considered that Newfoundland was theirs, and that all the planters were to be spoiled and devoured at their pleasure." It must be recorded that this most just and necessary reform in judicial administration was vainly but bitterly opposed by the merchants at home.

In 1793 came the war with revolutionary France, and Newfoundland was once again in a bustle of defensive preparation. The Governor, Vice-Admiral King, took possession of St. Pierre. The French, under Admiral Richery, threatened St. John's, but desisted in face of the vigour of the new Governor, Admiral Sir Richard Wallace (1796), who raised volunteers, strengthened the forts, and prepared new batteries. In 1797 the mutiny at the Nore broke out, provoked by real grievances. As far off as Newfoundland the spirit of disaffection spread, and an outbreak occurred on H.M.S. Latona, then lying in the harbour of St. John's. It was quelled by the resolution of Captain Sothern; and Governor Waldegrave (1797-1800), afterwards Lord Radstock, summoned the mutineers before him and addressed them in the presence of the Royal Newfoundland Regiment, whom they had tried to affect with sedition. "I may venture to say," the Governor writes home, "my speech was of much service." It was certainly of much vigour. "If I am to judge from your conduct," he said, "I must think that the majority of you are either villains or cowards. If the greater number of you are against your officers, ... I have a right to say that you are traitors.... If there are only a few bad men among you, which you pretend to be the case, I maintain that you are a set of dastardly cowards, for suffering yourselves to be bullied by a few villains, who wish for nothing better than to see us become the slaves of France.... You were all eager for news and newspapers to see how your great delegate, Parker"—the ringleader at the Nore—"was going on. I thank God I have the satisfaction to inform you that he is hanged.... You looked up to him as an example whilst he was in his glory. I recommend you to look to his end as an example also.... I have now to tell you that I have given orders to all your officers, that in case any further signs of mutiny should appear among you, they are not to think of confining the ringleaders, but to put them to death instantly; and, what is still more, I have given orders to the officers commanding the batteries, to burn the Latona with red-hot shot, in case you drive me ... to that extremity. I know in this case the officers must perish with you; but there is not one of them but is ready to sacrifice himself for the good of his country.... And now go to church, and pray God to inspire you with such sentiments as may acquire you the respect and love of your countrymen in this world and eternal happiness in the next."

This speech, which was rescued from oblivion by the industry of Mr Pedley, came clearly from a man of energy and resolution. In fact, Governor Waldegrave proved himself to possess unusual resource and vigour. He was the creator of the Newfoundland system of poor relief, and he busied himself actively in the interests of religion. On the latter subject it is pleasant to note a spirit of growing breadth in the island. In particular, the loyal labours of the Roman Catholic Bishop O'Donnell opened up a new era of tolerance for his followers. To this Bishop was due the discovery, in 1802, of a plot among the locally enlisted Royal Newfoundland Regiment, to loot St. John's and then fly to the United States. The ringleaders were executed, and the mutinous regiment was replaced by one from Halifax.

The war with France was for the time being terminated by the Peace of Amiens (1802), whereby the conquered territory was to be restored—so that St. Pierre and Miguelon were returned to France; and her fishing rights were renewed on the same basis as was laid down in the Treaty of Utrecht.

In 1802, by which time the population of the island amounted to about twenty thousand persons, Governor Gambier (1802-1803), who was in advance of his age in his views on government, as well as on the education of the settlers, and the civilization of the Beothics, proposed to Lord Hobart the establishment of a legislative power in Newfoundland, similar to that which has been found necessary to the prosperity and good government of other parts of the British dominions. The suggestion was treated as premature, and probably was so in fact. That it should have been made at all shows how far we have travelled from the swaddling clothes of monopoly. However this may be, two important civilizing agencies were introduced in 1805 and 1806—a regular post office, and a newspaper (the Royal Gazette).

In 1810 began Vice-Admiral Sir Thomas Duckworth's period of office, which soon revealed a Governor of energy and intelligence. He journeyed to the northern settlements and Labrador to learn the condition and needs of the population; he tried to secure friendly relations with the Red Indians of the country, and set up a hospital in St. John's. Amongst other reforms he procured the passing of a statute in 1811 (51 George III.) authorizing him to grant leases of certain ships' rooms at St. John's then in public occupation. Following up in this way the useful work of Governor Gower (1804-1807), he used his leasing power to promote the building of warehouses and wharves. The idea that the inhabitants of St. John's had a right to make it habitable was slowly gaining ground. Duckworth was an able and far-seeing man, and his report on the condition of the island, furnished to the home authorities at the end of his governorship, was a lucid and memorable document. His condemnation of the building restrictions paved the way for the fearless agitation of Dr. William Carson. A distinguished medical graduate of Edinburgh, Carson incurred the dislike of Governor Duckworth, and his successor, Governor Keats, by his outspoken pamphlets. Indeed, there was nothing equivocal in Carson's views:

"The only remedy against the evils flowing from the present system will be found in giving to the people, what they most ardently wish, a civil Government, consisting of a resident Governor, a Senate House, and House of Assembly."

Hitherto the population had possessed no voice in the administration of their own affairs. The Governors exercised an absolute power, which to progressive minds appeared to be an indifferent and unnecessary despotism. So far as Newfoundland affairs were concerned they almost invariably adopted an ultra-conservative attitude, and were hostile to proposals for amelioration called for in the changing circumstances of the colony. Thus the demand for self-government became more and more general.

The Anglo-American War which began in 1812 ushered in a period of great prosperity to Newfoundland. Fish were plentiful, prices good beyond precedent, and wages high in proportion.

The Great European War was terminated by the Battle of Waterloo on 1815, and peace was restored by the Treaty of Paris. Under the latter the French regained the right of fishing on the banks and shores of Newfoundland. The privileges of Americans to fish in British waters were also enlarged. In favour of their own fishermen, both the French and American governments then established a system of bounties, and by imposing high duties prevented the importation of Newfoundland fish into their own markets. Thus the Newfoundland fishermen were obliged to compete with their rivals on very unequal terms.

Governor Pickmore, who succeeded Governor Keats in 1816, was confronted with a very difficult state of things. The high prices which had ruled from 1812 to 1815 had attracted emigrants in large and undesirable numbers. The commercial reaction and foreign competition, aided by the bounties, hit the merchants hard, and in 1815 bankruptcy trod fast on the heels of bankruptcy. In the following winter actual starvation menaced the residents, and many owed their lives to the generosity and energy of Captain David Buchan, commander of H.M.S. Pike, who put his men on short rations for the relief of the inhabitants. In an address of thanks, which was presented to him when the crisis was past, his services were gratefully recorded:

"At this distressing crisis you afforded us from His Majesty's store a supply in aid of our then alarming and terrible wants. You then, with patriotic feeling, placed the company of the ship which you command on reduced allowance, and yielded to the public distress every alleviation which such means afforded."

The lean years were still further saddened by the terrible fire of 1817, which left more than a thousand persons houseless, in the full severity of winter. The wooden houses and narrow streets of St. John's made resistance hopeless, when the flames had once gained a hold. It was estimated that the fire caused a loss of L125,000. The wealthier inhabitants and the home Government gave what relief was possible, and in 1818 the crisis yielded before brighter prospects.

Pickmore was the first Governor to reside continuously in the island (where he also died), for his predecessors had sailed away with the fishermen in October to reappear with the beginning of summer. In 1817 a Select Committee of the House of Commons was specially appointed to consider the situation of Newfoundland. The merchants, full as ever of vicious political economy, had two remedies to propose for the admitted distresses. One was the concession of bounties to place them on a level with French and American competition; the other was the removal of the population (then numbering 17,000) to Nova Scotia or Canada. Determined to omit nothing which might make them the derision of history, they added an emphatic opinion that agriculture could never thrive on the island.

On the appointment of Governor Pickmore, Lord Bathurst had given him the following instructions:

"As the colony has of late years, from the rapid increase of the population, assumed a character totally different from that under which it had been usual previously to consider it, I am most desirious of receiving from you your opinion as to the propriety of introducing any and what change into the system of government which has heretofore prevailed."

The seeds sown by Carson were beginning to bear fruit, and from 1821 onwards the desire for local government in the island grew continuously stronger. As against the arguments of the opposition, it was urged that all the British colonies, even the small Bermuda, had a local government; that Nova Scotia was granted it as far back as the middle of the eighteenth century; that the older American colonies had always enjoyed self-government; and that the time had now come for the extension of the same privilege to Newfoundland. The authority of Governor Cochrane, who was appointed in 1825, and whose term of office lasted till 1834, was limited by the appointment of a Council, consisting of the Chief Justice, the two assistant Judges, and the Military Commander at St. John's. Under this Governor roads were for the first time laid out in the island. The irritation of the merchants at home was intense, and the name of Peter Ougier, a west country merchant, ought to go down to posterity. In his evidence before the committee, he protested with real emotion: "They are making roads in Newfoundland: next thing they will be having carriages and driving about." Sir Thomas Cochrane was regarded as the best Governor ever sent to Newfoundland. He was "the first real administrator and ruler of the colony. An eminently practical man, he not only organized improvements, he personally superintended their execution. His activity was unbounded; in the early mornings he was out on horseback inspecting the roads, directing his workmen, laying out the grounds at Virginia, having interviews with the farmers, giving them practical hints about agriculture; everywhere he impressed his strong personality on colonial affairs. He was very sociable, and his hospitality was unstinted." Indeed, the historian of the island can point to only one mistake committed by the Governor, the bad taste shown in the erection of Government House, which "looks more like a prison than the Vice-regal residence ... it is a huge pile of unredeemed ugliness."[35]

In England, in the early thirties, reform was in the air. The blow was struck at the right time, and in 1832—the year of the great Reform Bill—Parliament passed a measure creating in Newfoundland a representative assembly. The island was divided into nine electoral divisions, each of which was to have one or more representatives, according to population. There were, in fact, fifteen members. The first election passed off quietly in the autumn of the same year. Dr. Carson, the father of Home Rule, stood for St. John's, and Mr Justice Prowse has usefully noted that he was defeated. The fickleness and ingratitude of the people were never more dramatically illustrated. "He had been the pioneer of the new movement, had suffered in the people's cause, and yet the public, 'that many-headed monster thing—the mob,' were the first to cast aside their leader in the fight for Home Rule, and to give their votes and support to a new and untried man." It was said, however, that the defeat was due to an electioneering trick, whereby a false report was spread as to the attitude of the veteran in the liberal cause.[36] "The House of Assembly of 1833 was the youngest constituent body in America, but it was not one whit behind any of them in stately parliamentary pageant and grandiloquent language. H.B. (Doyle) in London caricatured it as the 'Bow-wow Parliament' with a big Newfoundland dog in wig and bands as Speaker putting the motion: 'As many as are of that opinion say—bow; of the contrary—wow; the bows have it.'"[37]

A nominated Legislative Council had been provided by the Constitution of the Colony. The relations of the Chambers have always been delicate in the British colonies, and in Newfoundland friction soon arose. The Legislative Council, under Chief Justice Boulton—who improperly called himself the Speaker instead of the President—set itself to thwart and discredit the popular Chamber. On both sides the controversies were petty, and were conducted in a petty spirit. The popular assembly described itself as "the Commons House of Assembly in Parliament assembled"; whereupon it was ordered forthwith to strike out the word "Parliament." The Legislative Council appears to have been the more cantankerous, and the less prone to compromise. At last matters reached an impasse, for the Council began to throw out Supply and Revenue Bills. In the first year of the Queen's reign, when Canada was already full of trouble, delegates from the Newfoundland House of Assembly arrived in London. Their mission was in the main successful. The Council was recommended to adopt the Appropriation Bill, and Chief Justice Boulton was summarily dismissed. "Boulton," says Mr Justice Prowse, "had undoubted ability, but he was the worst possible selection for both the Council and the Bench. His views, both of law and legislation, were most illiberal; as a technical lawyer he was mostly right and sublimely independent, but his harsh sentences, his indecent party spirit, and his personal manners caused him to be hated as no one else was ever hated in this colony."[38]

In 1838 occurred the Kielly affair, which has added a leading case to English constitutional law. Dr. Kielly assaulted, or was said to have assaulted, Mr John Kent, who was a member of the Assembly. Mr Kent brought the matter before the Assembly as a breach of privilege. The House refused to hear witnesses on Kielly's behalf, treated the charge as proved, and demanded that he should apologize at the bar of the House. Kielly refused, adding that Kent was a liar and a coward. Then followed an interlude of comic opera. Kielly was committed, whereupon Mr Justice Lilly granted a writ of habeas corpus. This was not to be borne by the imperious Assembly, and the Speaker promptly issued his warrant for the re-arrest of Kielly, the arrest of the High Sheriff, and of Judge Lilly. Nothing like it had been seen since the heyday of the Wilkes litigation in England, when the House of Commons committed the Sheriff of Middlesex to prison for carrying out the orders of the Court of King's Bench.

In the unruffled atmosphere of the Privy Council the legal question found its decision.[39] It was laid down that the Crown, by its prerogative, can create a Legislative Assembly in a settled colony, with the government of its inhabitants: but that it is highly doubtful whether the Crown could, if it wished, bestow upon such an Assembly an authority, such as that of committing for contempt, not incidental to it by law. "The House of Assembly of Newfoundland," said Chief Baron Parke, "have not, what they erroneously supposed themselves to possess, the same exclusive privileges which the ancient law of England has annexed to the Houses of Parliament."

In 1838 the members of the Assembly were elected for four years, and this term has continued ever since.

The colony was destined to pass now through bitter trials. Having secured freedom, after much suffering and oppression, it soon learnt that freedom without common sense and moderation degenerates into licence, and becomes a menace and a terror. The election of representatives was accompanied by scenes of turbulence and disorder: the sense of toleration and compromise was absent. Half of the population were Roman Catholics of Irish descent, in whom rankled memories of ancient wrongs; the other half were Protestants of English descent, long used to ascendency, who were headed by a wealthy commercial class. With the introduction of the new regime old distrusts and hostilities were rekindled, and an unscrupulous press fanned the flames. Religion became mixed up with the political contention; and the evil passions that were aroused, and the outrages that were committed held back for some time the progress of the community and the political development of the colony.

* * * * *

FOOTNOTES:

[34] See infra, chap. x.

[35] D.W. Prowse, "History of Newfoundland," second edition (London, 1896), pp. 424, 425, 426.

[36] Prowse, op. cit., pp. 429, 430.

[37] Ibid., p. 431.

[38] Prowse, op. cit., p. 434.

[39] Kielly v. Carson (1842), Moore's Privy Council Cases, vol. iv., pp. 63, 88.



CHAPTER VII

SELF-GOVERNMENT

The political faculty in Newfoundland was so rudimentary at this period that from 1841 to 1843 it became necessary to suspend the Constitution. In the autumn of 1840 an election riot at Carbonear occurred, which was of such a serious character that the sympathies of the British ministry with Newfoundland affairs were alienated, and the Governor was ordered to dissolve the Legislature. He did this on April 26th, 1841, and in his speech pointed out the reason for such drastic action: "As a Committee of the House of Commons has been appointed to enquire into the state of Newfoundland, before which Committee I shall have to appear, I will on the present occasion confine myself to the expression of my regret that such a proceeding should have become indispensably necessary to the tranquillity and welfare of the colony." Until 1849 the government was carried on by a General Assembly—a makeshift Assembly—in which members of the House of Assembly sat side by side with members of the Council, the latter losing their distinctive functions.

Under Governor Prescott (1834) and Governor Harvey (1841) began organized attempts to foster the agricultural interest. Liberal grants of land were made to poor settlers, and considerable sums voted for the construction of roads. This was indeed a period of healthy activity, for the development of the seal fishery added in a variety of ways to the prosperity of the island, and the invention of steam, together with the establishment of a regular mail service, brought Newfoundland very much nearer to the home country.

On June 9th, 1846, came the last great fire but one which has ravaged the colony. By great misfortune it broke out when a high wind was blowing, and spread with fatal rapidity all over the town. Buildings, public and private, wooden and stone, were involved in a common destruction, and the last touch of horror came when the large oil vats fringing the harbour caught fire. The Custom House, the Church of St. John's, the Courts and Gaol, the Theatre, the Bank of British North America, the Colonial Treasurer's Office, and the Savings Bank, were all destroyed. It was estimated that the aggregate amount of damage done was L1,000,000, and that upwards of 12,000 persons lost their homes. In this crushing affliction the spirit shown by all classes, from Governor Harvey downwards, was admirable. At a representative meeting of the citizens convened by the Governor it was resolved:

"That this meeting is aware that the well-established credit and stability of the trade of St. John's, coupled with the natural and inexhaustible resources of its fisheries, will speedily enable it to recover its usual current, but that in the meantime it is necessary that publicity should be given to the demand for provisions and building materials which at present exists in this market."

Help from Canada was quickly forthcoming and a grant of L30,000 from the home country combined with private efforts to meet the most pressing needs of the moment. The building of wider streets, the proscription of wooden houses, and the provision of an ampler water supply, showed that the lessons of the past had not been thrown away.

That year, 1846, was to be an annus mirabilis, for a storm, fiercer than the wildest within living memory, wrought havoc among the shipping in St. John's Harbour, and overwhelmed many substantial buildings inland. It seemed as if the malice of destiny had sent the gale to destroy the little that had escaped the fire; for Natives' Hall, which was being used to shelter the houseless, was blown to the ground.

About this time—thanks to the currents of excitement spread everywhere by the European revolutionary movements of 1848—began a fresh agitation for responsible government, which had already been granted to the other North American colonies, and which involved a larger measure of self-government than had been conceded in the constitution of 1832. The inhabitants became more and more anxious that appointments within the colony should depend upon popular approval—or, rather, on the choice of the party commanding a majority in the Legislature—and not upon the Crown's nomination. The official view at home on this demand was stated both by the Whig, Earl Grey, and the Conservative, Sir John Pakington. The former wrote:

"Until the wealth and population of the colony shall have increased considerably beyond their present amount, the introduction of what is called responsible government will by no means prove to its advantage.... The institutions of Newfoundland have been of late in various ways modified and altered, and some time must unavoidably elapse before they can acquire that amount of fixity and adaptation to the colonial wants of society which seems an indispensable preliminary to the future extension of popular government."

Similarly, Sir John Pakington, in a despatch of April 3rd, 1852, observed:

"Her Majesty's Government see no reason for differing from the conclusions at which their predecessors had arrived in the question of the establishment of responsible government, and which were conveyed to you by Lord Grey in the despatch already mentioned. I consider, on the contrary, that the wisdom and justice of these conclusions are confirmed by the accounts since received from Newfoundland."

The change came in 1855, a year after the Secretary of State for the Colonies had informed the Governor that "Her Majesty's Government has come to the conclusion that they ought not to withhold from Newfoundland those institutions and that civil administration which, under the popular name of responsible government, have been adopted in all Her Majesty's neighbouring possessions in North America, and they are prepared to concede the immediate application of the system as soon as certain preliminary conditions have been acceded to on the part of the Legislature." At the same time the numbers of members in the Representative Assembly was, at the instance of the Imperial Government, increased to thirty.

It was not long before the Empire had an instructive lesson in the influence with which responsible government arms a colony. A natural rapprochement between France and England followed the Crimean War, and a Convention was drafted dealing with the Newfoundland fisheries. Against the proposed adjustment, involving a surrender by Great Britain of Newfoundland fishing rights, local feeling was strong and unanimous. Petition followed petition, and delegation delegation. "The excitement in the colony over the Convention of 1857 was most intense and widespread; the British flag was hoisted half-mast; other excited citizens flew American flags; everywhere there was burning indignation over this proposal to sell our birthright for a mess of pottage.[40] The resolute attitude of those interested elicited from Mr H. Labouchere, then Colonial Secretary, the welcome expression of a great constitutional principle:

"The proposals contained in the Convention having been now unequivocally refused by the colony, they will of course fall to the ground; and you are authorized to give such assurance as you may think proper, that the consent of the community of Newfoundland is regarded by Her Majesty's Government as the essential preliminary to any modification of their territorial or maritime rights."

So vital is the appreciation of this principle to an Empire constituted like our own, that it is worth while to set out the resolution of the Newfoundland Legislature which killed the Convention:

"We deem it our duty most respectfully to protest in the most solemn way against any attempt to alienate any portion of our fisheries or our soil to any foreign power without the consent of the local Legislature. As our fishery and territorial rights constitute the basis of our commerce and of our social and political existence, as they are our birthright and the legal inheritance of our children, we cannot under any circumstances assent to the terms of the Convention; we therefore earnestly entreat that the Imperial Government will take no steps to bring this treaty into operation, but will permit the trifling privileges that remain to us to continue unimpaired."

In 1858 took place a real advance in the relations between different parts of the Empire, for in that year the east coast of Newfoundland (Trinity Bay) was connected with Ireland by a submarine cable. The messages then exchanged through Newfoundland between the Queen and the President of the United States mark the most decisive point in what has been called the shrinkage of the world. Eight years later a second Atlantic cable was successfully landed at Heart's Content.

A constitutional crisis arose in 1860, which was followed by serious political disturbances. The Government, in which Mr Kent was Premier, introduced a measure to determine the colonial equivalent of imperial sterling in the payment of officials. The judges forwarded to the Governor, Sir Alexander Bannerman, a representation against the proposal; Mr Kent thereupon in the Assembly accused the Governor of having entered into a conspiracy with the judges and the minority in the House against the executive. The Governor demanded an explanation which Mr Kent declined to give, adding that in his judgment he was not called upon to explain his utterances as a member of the Legislature to the Governor. Sir Alexander Bannerman immediately dismissed the Ministry, and invited the Opposition leader, Mr Hoyles, to form an Administration. The election took place in April, 1861. Political passions ran high, and the old feud between Romanists and Protestants was most unhappily revived. At the Protestant Harbour Grace the election could not be held at all, while at the Catholic Harbour Main a riot took place in which life was lost.

The new Assembly was opened in May 1861, and showed a majority in favour of Mr Hoyles. It soon became clear that the passions of the mob in St. John's were dangerously excited; Sir Alexander was hooted and stoned on his return from the Assembly, and a little later an organized series of attacks was commenced upon the dwellings of well-known Roman Catholics. The magistrates thereupon called on the military, under the command of Colonel Grant. The soldiers marched out, eighty strong, and confronted the mob, which then numbered many thousands. Encouraged by their commander, the troops submitted with patient gallantry to insults and even to volleys of stones. Finally, it is alleged, a pistol was fired at them from the crowd. Then at last the order was given to fire; several persons were killed and twenty wounded. Among the latter, by great misfortune, was the Rev. Jeremiah O'Donnell, who had bravely and patiently tried to calm the mob.

The whole incident was unfortunate, but it is impossible to accept the contention that Sir Alexander Bannerman was guilty of an unconstitutional exercise of the prerogative in dissolving the Assembly. It will not seriously be maintained that the representative of the Queen could have maintained relations with a Minister who publicly insulted him in his public capacity, and then curtly declined to explain or withdraw his charges. As to the sequel, it is sufficient to say that the civil authorities would have been grossly wanting in their duty if they had failed to call out the soldiers, and that the mob were not fired upon until the extreme limits of endurance had been reached. That innocent persons should have been involved in the consequences is matter of great regret; but association with a lawless mob, even when the motive is as admirable as that of Father O'Donnell, necessarily admits this risk.

It cannot be doubted that deep-lying economic causes had much to do with political discontent. From the first the financial position of the colony had been unsound. The short prosperity of the winter months had produced a vicious and widely-spread system of credit. Soon a majority of the fishermen lived during the winter upon the prospective earnings of the coming season, and then when it came addressed themselves without zest to an occupation the fruits of which were already condemned. In this way a single bad season pauperized hundreds of hard-working men. Governor Waldegrave in 1797 had been struck by the failure of the law to provide for the poor, and owing to his exertions a voluntary system of poor relief was set on foot. By the time of Governor Gambier, in 1800, these measures had been discontinued and, indeed, permanence was not to be looked for in a system which depended upon voluntary support. The difficulty was that the Crown officers advised Governor Gambier "that the provision of the Poor Laws cannot be enforced in Newfoundland; and that the Governor has no authority to raise a sum of money by a rate upon the inhabitants."

The evil grew worse rather than better, and by the time of the great Governor Cochrane, in 1825, it had assumed the form of an inveterate social disease. Many able-bodied applicants for relief were provided with work in public employments, and the wholesome warning was added that those who refused such work would under no circumstances be entitled to relief. Governor Cochrane did not shrink from indicating the real cause of the distress. "Those who are upon wages," he wrote, "receive a sum during the summer months, which, if properly husbanded, would, together with the produce of their own exertion after the fishery has ceased, be fully adequate to the support of themselves and families for the following winter. Yet I am led to believe that a large portion of this is dissipated before many weeks or days have elasped after the fishing season has terminated, and in consequence of such profusion many families are left to want and misery."

The generality of the system destroyed in time that healthy dread of pauperism which, as an economic factor, is of the highest national importance. The receipt of poor relief lost the stigma assigned to it with rough justice by Anglo-Saxon independence, and in 1863, out of a total public expenditure of L90,000, the astounding proportion of L30,000 was expended upon the necessities of the poor.

Far-seeing observers had long before pointed out that the remedy for these disorders must be a radical one. Improvidence among the poorer classes is familiar to economists in more experienced societies than that of Newfoundland, and may be accepted as a permanent element in the difficulty. The real hope lay in opening up, on remunerative lines, industries which would occupy the poor in the lean months. Nor was Newfoundland without such resources, if the capital necessary for their development could have been found. A penetrating railway system, by its indirect effects upon the mining and agricultural interests, would have done much to solve the problem of the unemployed. The difficulty was that the state of the public finances was in no condition to undertake costly schemes of betterment. In a later chapter we shall see the Government, after exhausting the resources of loans, looking to a desperate remedy to conquer its powerlessness for enterprise.

* * * * *

FOOTNOTES:

[40] Prowse, p. 473.



CHAPTER VIII

MODERN NEWFOUNDLAND

In 1869[41] took place a General Election, in which great Imperial interests were involved. Governor Musgrave, in 1866, had advised Federal union with the Canadian provinces—then about to federate among themselves—and the election three years later was fought upon this issue. The result was a complete rout for the Federal party; a rout so complete that the question has hardly since reappeared within the field of practical politics. The causes of this defeat were, in the first place, economic considerations; secondly, Irish national feeling and hostility to the union; and thirdly, a certain distrust and dread of Canada. Judge Prowse, whose intimate knowledge of Newfoundland entitles his opinion to special respect, thinks that even in recent years there lingered some rankling memory of the days when French Canadian raids terrified the colonists in the seventeenth and eighteenth centuries.[42] However this may be, it is certain that the outlying portions of the Empire hardly as yet felt the same community with and loyalty to one another as they did with regard to the home country. The relation of Newfoundland to the Dominion of Canada resembles in many ways that of New Zealand to the new Australian Federal system, and in each group of colonies there is a noticeable drift towards centralization. Judge Prowse, who was a strong believer in North American union both from an Imperial and from a Colonial point of view, has fully indicated the difficulties. The Canadian protectionist tariff, the greater attractions of the United States market (inasmuch as the Dominion is a fish producer rather than a fish consumer), the opposition which wide political changes unavoidably excite—all these obstacles were formidable for the moment. It is uncertain even now whether they will be strong enough to prevent, indefinitely, the realization of the Confederate scheme. It is possible that such a union would be followed by some disadvantages to Newfoundland; but, on the other hand, the gain would be very great. The politics of the colony would be braced by the ampler atmosphere of the Dominion, and the tendency towards parochialism finally arrested. The geographical difficulty ceased to exist when the United States taught us how vast are the areas over which successful political unions are possible. No one can fairly ask that Newfoundland should take the step in the teeth of her own material interests; but, assuming that union with Canada can be reconciled with those interests, the Imperial issue holds the field. Its importance can hardly be overstated. So soon as the several communities, which together form the Empire, realize not merely their ties with the Mother Country, but also their own organic interconnection, from that moment the whole Imperial idea receives an immense accession of strength.[43] But it is now elementary that Newfoundland, and Newfoundland alone, can take this decision. She is the mistress of her own destinies.

It is unfortunate that the Blaine-Bond incident in 1890 should have excited ill-feeling against Canada in the older colony. In September of that year a treaty of trade regulating the purchase of bait, etc., the shipping of crews, and transhipment of cargo (called, from the delegates employed on each side,[44] the Blaine-Bond Treaty) was informally negotiated between Newfoundland and the United States, and a draft of a convention was prepared. In the following December this draft was modified, but in January 1891, Mr Blaine submitted a counter-proposal, which the United States were disposed to accept, though they were not really anxious to effect the arrangement. The treaty had been submitted to the Colonial Office, and approved by it; but the ratification of the Imperial Government was refused at the last moment. Probably the refusal would have caused less irritation in the colony if it had sprung from Imperial considerations; as a fact, it was procured by Canadian remonstrances against Newfoundland's separate action in a matter concerning Canada also, and it was felt in Newfoundland that the island had been sacrificed to the exigencies of Canadian party politics. It may be added here that in 1902, another separate agreement—the Hay-Bond Treaty—similar to the preceding, was entered into, but was rejected by the United States Senate. Accordingly the Newfoundland Government secured in 1905 the passing of the Foreign Fishing Vessels Act which deprived the American fishermen (more particularly those of Gloucester, Mass.) of the special privileges hitherto conceded, leaving them the right under the Convention of 1818. Disputes arose. The question was discussed at the Imperial Conference in 1907. After temporary alleviation of the difficulties by a modus vivendi, the British and American Governments came to the conclusion that the best remedy lay in a submission to the Hague Court of Arbitration: in 1909 the terms of reference were agreed to, and on September 1910 the award was given.[45] Newfoundland was thereby placed in a very favourable position for dealing with the discrimination exercised against fish exported to America by Newfoundlanders. The points decided were: (1) The right to make regulations as to the exercise of the liberty to take fish, under the Treaty of 1818, is inherent to the sovereignty of Great Britain; (2) The United States has the right to employ non-Americans in the fisheries, but they are not entitled to benefit or immunity from the said Treaty; (3) While American fishing vessels may be required to report at colonial ports when convenient, such vessels should not be subject to the purely commercial formalities of report, entry, and clearance at a Custom House, nor to light, harbour, or other dues not imposed upon Newfoundland fishermen; (4) American fishing vessels entering certain colonial bays, for shelter, repairs, wood and water, should not be subject to dues or other demands for doing so, but they might be required to report to any reasonably convenient Custom House or official; (5) In the case of bays, mentioned in the Treaty of 1818, three marine miles are to be measured from a straight line drawn across the body of water at the place where it ceases to bear the configuration and characteristics of a bay. At all other places the three marine miles are to be measured following the sinuosities of the coast.

To return to the period now under consideration. It saw a bold attempt to deal with the Poor-law scandal. Relief to able-bodied persons was discontinued in 1868. A succession of good fishing seasons, and the development of the mining industry, lessened the difficulty of the step. Seven years later came a still more momentous proposal. "The period appears to have arrived," said Governor Hill, in his opening speech to the Legislature, "when a question which has for some time engaged public discussion, viz., the construction of a railway across the island to St. George's Bay, should receive a practical solution.... There is a well-founded expectation that the line of railway would attract to our shores the mail and passenger traffic of the Atlantic ... and thus would be secured those vast commercial advantages which our geographical position manifestly entitles us to command. As a preliminary to this object a proposition will be submitted to you for a thorough survey, to ascertain the most eligible line, and with a view to the further inquiry whether the colony does not possess within itself the means of inducing capitalists to undertake this great enterprise of progress."

It is easy to forget, in speaking of Newfoundland until 1875, how very little was known of the interior. The Newfoundland with which we are concerned consisted in fact of a few towns on the coast, with a great and imperfectly explored interior behind them. Even down to the beginning of the twentieth century very little was known of much of the island. It is difficult to assign limits to the developments which are probable when a thorough system of internal communication shall have given free play to each latent industry.

The first proposal was that a railway should be constructed from St. John's to St. George's Bay, but objections were made from England on the ground that the line would end on the French shore. Then came the proposal that it should run from St. John's to Hall's Bay, with branches to Brigus and Harbour Grace, covering in all a distance of about 340 miles. A joint committee of both Houses prepared a report, which became the basis of the Bill (1880). One sentence is worth quoting, because it states very clearly the difficulties which have played so large a part in the history of Newfoundland:

"The question of the future of our growing population has for some time enjoyed the earnest attention of all thoughtful men in this country, and has been the subject of serious solicitude. The fisheries being our main resource, and to a large extent the only dependence of the people, those periodic partial failures which are incident to such pursuits continue to be attended with recurring visitations of pauperism, and there seems no remedy to be found for this condition of things but that which may lie in varied and extensive pursuits.... Our fisheries have no doubt increased, but not in a measure corresponding to our measure of population; and even though they were capable of being expanded, that object would be largely neutralized by the decline in price which follows from a large catch, as no increase of markets can be found to give remunerative returns for an augmented supply."

The Act was passed, which empowered the raising of a loan of L1,000,000 for the purpose of constructing the proposed railway. By November, 1884, the line was completed as far as Harbour Grace; by 1888 a further instalment of some twenty-seven miles was ready between Whitbourne and Placentia; soon afterwards it was decided to recommence building the line northwards from St. John's to Hall's Bay, which has been discontinued through the failure of the contractors, and to carry out the scheme the Reid Contract was entered into.

We are now reaching a period when the leading parts are played by persons still or recently living, and the story must therefore be continued with the reserve proper to one who is not himself an inhabitant of Newfoundland. Particularly is this true of the much discussed Reid Contract, the circumstances of which are reserved, from their great importance, for a separate chapter.[46]

It is unfortunate that the ensuing stage of this short narrative should be marred by so much trouble, but, in fact, the last ten years of the nineteenth century have been among the most disastrous in the history of the island. In 1892 came the most destructive of all the fires with which St. John's has been afflicted. The fire broke out in a stable at five o'clock on the afternoon of Friday, July 8th, and lasted until nine o'clock on Saturday morning. It came at the end of a month's draught, was helped by a powerful wind, and found the town with a depleted water supply. Arising in an eastern suburb, the flames were carried right into the business centre of the town, and finally reached the rich warehouses of Water Street. Eye witnesses describe the heat as so intense that brick and stone offered little more resistance than wood. A mile of wharfage was destroyed, and Water Street completely gutted. "Over a vast area," wrote one who noted the effects, "nothing is now to be seen but tottering walls and chimneys." It was computed that 10,000 persons were left homeless, and that the total damage exceeded 20,000,000 dollars, of which less than 5,000,000 dollars were covered by insurance. The Savings Bank, the Hospital, the Masonic Hall, and the Anglican Cathedral, alike perished. To complete the misery of the sufferers, it soon became known that the food supply remaining was only sufficient for ten days. As in 1846, the sympathy of Canada was promptly and warmly shown. The day after the fire 4,000 dollars' worth of provisions were sent over, and military tents sufficient to shelter 1,200 people. In England, a Mansion House fund was immediately opened by the Lord Mayor of London, and its final amount fell little short of L20,000. Sir Terence O'Brien, the Governor, and Lady O'Brien, happened to be in England at the time, and they threw themselves warmly into the cause of the colony.

In 1894, a misfortune of a different kind happened. On Monday, December 10th, the Commercial Bank, the Union Bank, and the Savings Bank, which had all been long established, were compelled to suspend payment. A widespread panic followed, and all business was paralysed. Workmen were dismissed wholesale, no money being available for the payment of their wages. To make the crisis graver still, the Union Bank was to have provided the interest on the Public Debt, which was payable in London on January 1st. The population feared that the crash would bring about riots and other dread occurrences. In aggravation of the risk the rumour spread that Newfoundland was about to be incorporated into the Dominion of Canada as a mere province. The Government telegraphed to the authorities in London for an immediate loan of L200,000, and requested that a warship should be despatched in view of imminent disturbances. The causes which led immediately to the failure were well stated in a Dalziel telegram to The Times:[47]

"The immediate cause of the financial crisis which has overwhelmed Newfoundland was the death of Mr Hall, a partner in the firm of Messrs Prowse, Hall & Morris, the London agents of the firms exporting fish to European markets. On his death the firm declined to meet further exchanges until an investigation of their affairs had been made. Their bills were protested, and the banks made demands on the Commercial Bank of St. John's, which was the drawer of the bills, and which, being unable to meet the demands made upon it, fell back upon its mercantile customers. These could not respond, and the bank had to suspend operations. The customers were compelled to make assignments, and nearly every business house in the colony was crippled, so interwoven are the affairs of one establishment with those of another.

"The situation was only possible under the peculiar business customs of the colony. The fishing industry here is pursued under a system of advances for vessels and equipments made by the merchants to the fishermen, who gave the catch at the end of the season in exchange. The merchants receive large advances from the only two banks doing business here, the Union Bank of Newfoundland and the Commercial Bank. By backing each other's bills the banks are enabled to carry on operations, and then at the close of the year, when the produce of the fisheries is realized, they are able to settle their overdrafts.

"The disaster happened at a most unfortunate time. If it had been postponed for another month the merchants would have realized on most of the fish, and the assets would have been far more valuable. At present, 2,000,000 dollars' worth of fishery products are stored in St. John's awaiting the means of shipment. Until financial aid from the outside world is obtained, it is impossible to place the fish on the market."

At this time the financial position of the colony was thoroughly unsound. Its population numbered roughly 200,000 persons, and its Public Debt amounted to 14,000,000 dollars, or nearly three million pounds sterling. The Ministry of the day resigned, after an unsuccessful attempt to form a coalition Government, and its successors applied for Imperial help, an application which logically involved the surrender of the Constitution. In fact, the unassisted credit of the colony seemed hopeless, for in a year or two the railway reckonings had to be met. The Government had issued bonds whereof yearly interest was to become payable on completion, amounting to almost a third of the total revenue of the colony.[48]

Such temporary measures as the nature of the crisis admitted were taken locally. The Legislature passed two Bills guaranteeing a portion of the note issue of both the Union Bank and the Commercial Bank; while a loan of 400,000 dollars was procured from the Bank of Montreal, and additional loans from the Bank of Nova Scotia and the Royal Bank of Canada: thus "the financial sceptre passed to Canada."[49] At the same time the manager and directors of the Commercial Bank were arrested on a charge of having presented a fraudulent balance sheet. Reuter's correspondent at St. John's noted that in this time of trouble the idea of union with Canada gained ground rapidly. How hopeless the position seemed to calm observers on the spot may be gathered from the following vivid extracts from a letter by The Times correspondent at St. John's:[50]