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NEWFOUNDLAND.
LONDON
PKINTED BY SPOTTISWOODE AND CO.
NEW-STREET SQUAEE
THE HISTORY
OP
NEWFOUNDLAND
FEOM THE EAELIEST TIMES TO THE YEAE 1860.
REV. CHARLES PEDLEY,
Cm ST. JOHN'S, NEWFOTJHDLAirD.
LONDON:
LONGMAN, GEEEN, LONGMAN, EOBEETS, & GEEEN.
1863.
CaSfc.fcOm
'HISTOKY OF NEWFOUNDLAND'
THE AUTHOB DEDICATES
(by PERMISSION) TO
THE MOST NOBLE
THE DUKE OF NEWCASTLE, K.G.
&c &c
PRINCIPAL SECRETARY OP STATE FOR THE COLONIES,
AS A MARK OF ESTEEM FOE THE ADMIRABLE QUALITIES DISPLAYED
BY HIS GEACE IN THE ADMINISTRATION OF COLONIAL AFFAIES,
AND AS A HUMBLE MEMENTO OF THE VISIT OF THE FEINCE OF
WALES TO THE ISLAND IN 1860, ACCOMPANIED BY HIS GEACE AN
EVENT WHICH GEATLFTED AND CONFIRMED THE LOYALTY OF THE
COLONY, BROUGHT FOE THE FIRST TIME TO ITS SHOEES A CABINET
MENISTEE OF GEEAT BEITAIN, AND SECURED FOE THE INHABITANTS,
IT IS HOPED, A PERMANENT PLACE IN THE KINDLY RECOLLECTIONS
ALIKE OF THE MINISTER OF STATE AND OF THE HEIR-APPARENT
TO THE THRONE.
PREFACE
o>®;o
rilHE present History of Newfoundland owes its
-1- origin to the natural desire I felt, to know some
thing of the people among whom I had come to reside.
The result of enquiries in this direction, both in
England and in St. John's, was to show that the pub
lished materials relating to the growth and character
of the colony were very scanty indeed. In the course
of a conversation T had with Sir Alexander Banner-
man, the present Governor of the island, about two
years ago, His Excellency expressed his regret that
there was not a good history of the colony. He at
the same time stated, that he thought he had dis
covered an extensive collection of Records, which
would furnish authentic matter for such a work.
At a later period I made formal application to the
Governor for permission to examine the Records, with
the view of preparing (from such memoranda chiefly)
some historical account of the colony. In answer to
my application, I received a letter from Sir Alexander
Vlll PEEFACE.
Bannerman, from which the following extracts are
taken. His Excellency says : —
On my arrival here I was naturally desirous to obtain
statistical and other information relative to the colony, the
Government of which I was sent to administer
In the spring of 1860, I was informed by the Colonial
Minister that in all probability the Prince of Wales would
first set foot in the Western Hemisphere on this, the earliest
Colonial Possession of the British Crown, and the Duke of
Newcastle desired me to send any recent work, with such
local and historical information as might be interesting to His
Royal Highness. I forwarded to him Reeves' history of the
Government of Newfoundland, and Anspach's more general
history of the country, which the Prince read on his passage
out. My Council readily agree with me in giving you access
to the Records, which I believe will furnish you with the
materials of the history which you propose to write. Con
taining as they do many thousand pages, I have only been
able to take a cursory glance at them, but this has been
quite sufficient to convince me of their value, and that they
will throw much light on the early history of this ancient
possession of the Crown, as they show what Newfoundland
was a century ago and even later, when it was recognised as
a fishery only and not a colony — when the planters were
ruled over by unscrupulous men called Pishing Admirals,
these being under the control of the West of England
merchants, whose influence was all powerful with the Boards
of Trade and Plantations — when penal laws existed and
were sharply enforced in this colony — laws which happily no
longer disgrace our Statute Book.
Subsequently, I forwarded to His Excellency a
portion of the MS. of the work, in reference to which
PEEFACE. IX
he was kind enough to write me a note, in which
(after some complimentary allusions to the author,
which it is unnecessary to insert here) occur the fol
lowing paragraphs: —
It is quite wonderful to think what the colony was, what
it now is, and what it may become, if the industry of the
people progress at the same ratio as in the past; and
especially if they will act upon the sentiment expressed by
the Prince of Wales on his visit here in 1860 — ' The Queen
will rejoice to hear that good order and obedience to the
laws characterise the population.' His Royal Highness
added that it would be his constant prayer that ' the inhabit
ants of this colony may long live in the possession of an
earnest faith, and at the same time in religious peace and
harmony.' You, Sir, are aware that, six or seven months after this,
in May 1861, very serious riots and disturbances took place
here, leading to consequences which all of us had deeply to
deplore, and which I most earnestly hope will never again
occur. I cordially unite in the feeling expressed by an
influential personage in this community, the Right Rev. Dr.
Mullock, prelate of the Roman Catholic Church, in a com
munication addressed to me in the month of November
1861 (six months after the riots) : —
' I beg to assure your Excellency that no man is more
anxious than I am that the truly Christian sentiments of
His Royal Highness the Prince of Wales may be the rule
of conduct to the people here, and I beg your Excellency to
forward this letter to His Grace the Duke of Newcastle.'
Hoping you will be successful in the work you have
undertaken and brought so near to a completion, I am,
yours truly,
A. Bannekman, Gov. N.F.L.
X PEEFACE.
It was my intention to have enumerated and cha
racterised the various works which have been written
in relation to Newfoundland; but, as I have been
indebted to only two of these — the volume by Chief-
Justice Reeves, published in 1793, and that by
Anspach, published about 1820, and as a catalogue
of the books on the country is given in Sir Richard
Bonnycastle's work, such enumeration is, I think,
unnecessary. There is, however, one book which it
might have been expected I should have drawn
largely upon for the early history of the country —
that published by Captain Whitbourne in 1622. My
reason for not doing so is that, on reading his
interesting volume, I discovered the evidence of an
over-credulousness in the writer, which, notwithstand
ing all his opportunities, detracts much from the value
of his testimony.
In Appendix No. I. several quotations are given
from Whitbourne's work, which will enable the reader
to form some idea of the character of the oldest book
on Newfoundland, written by one who paid frequent
visits to the island.
In the compilation of the Appendices I have been
indebted to several parties, more especially to my
friend A. Scott, Esq., the able Principal of the
PEEFACE. XI
General Protestant Academy in St. John's. To him
and to all others who have given me assistance in
various ways, I beg to tender my respectful and
thankful acknowledgments. C. P.
London : August 1863.
CONTENTS, — °<>x*:o« —
CHAPTER I.
H97-1583.
Early Discoveries in the Western Hemisphere
Expedition of Cabot ....
Commencement of Cod-fishery
Sir Walter Raleigh ....
Sir Humphrey Gilbert
359
1113
CHAPTER II.
1583-1697.
The Pilgrim Fathers .
Early French Enterprise
Drake and Baltimore .
Early Irish Settlers
Jurisdiction of English Mayors
Effect of the Peace of Ryswick
17 19
2123 29
39
CHAPTER III.
1697-1728.
The local effect of European Wars
French Conquests in the Island .
41 43
xiv
CONTENTS.
CHAPTER III.— continued.
Local bearings of the Treaty of Utrecht
Boundary Disputes with the French
Statute of William III
Correspondence on the Provisions of the Act
An Extemporised Law-court
PAGE 47 49
51
5761
CHAPTER TV.
1752-1763.
Financial Schemes — Capt. Osborne
Difficulties of Criminal Law
Revival of Lord Baltimore's Claim, 1754
The Victories of General Wolfe .
Topographical Sketch of St. John's
Evacuation of St. John's by the French
Treaty of Paris, 1763 ....
Value of the Colonial Records
Rodney's Administration.
Characteristic Letter from the Governor
The Murder of Mr. Keen .
Governor Dorrell and the Roman Cathohcs
Proceedings against Roman Catholics .
State of public Morals in 1757
67
69
7173
75 77
7980 8185
89 919597
CHAPTER V.
1763-1775.
Prevalence of Contraband Trade .
Outbreak of the American Revolution
Administration of Palliser .
Measures in reference to Labrador
Sir Hugh Palliser's Act
Regulations against Irish Immigrants
Riots in 1764 ....
The Question of Property in Land
The Aborigines and the Mic-Macs
The rise of the Moravian Mission
Residence of Captain Cook in the Island, 1762
101
103
105 109111
115
116119
121123125
CONTENTS.
XV
CHAPTER VI.
1775-1788.
Naval Conflicts of the Period
Administration of Rear- Admiral Montagu
Exhibition of Loyalty in prospect of War
Administration of Sir John Campbell .
Encroachments on Ships' Rooms .
Expense of Government in 1788 .
The Court of Vice- Admiralty
Bounties to Fishing Vessels .
Alteration of French Boundaries, 1783
Miscellaneous — Dogs, Coals, &c.
CHAPTER VII.
1788-1800.
Administration of Admiral Milbanke .
The Court of Judicature, 1791 .
Administration of Sir Richard King
Extent of Trade in 1795 . . .
Administration of Admiral Waldegrave
Mutiny on board the Latona, 1797
Speech of the Governor and loyal Addresses
¦ Church Buildings in St. John's .
Origin of the System of Pauper-relief .
Petty tyranny of Merchants .
The Seal-fishery .
CHAPTER VIII.
General Review — Unfavourable features of the Settlement
Character of the Settlers
Laxity in Morals and Religion
Origin of the Credit System
The United Irishmen .
Bishop O'Donnel's good Service
Military and Civil Conspiracies
xvi
CONTENTS.
CHAPTER IX.
1800-1807.
Administration of Vice- Admiral Pole .
Administration of Vice- Admiral Gambier
Educational Arrangements .
Accounts of the native Indians
Administration of Sir Erasmus Gower .
Statistics for 1804 — Ship-building, &c.
Introduction of the Post-office
The First Newspaper ....
Benevolent Associations, 1806
PAGE 219221223227231233241
243245
CHAPTER X.
1807-1812.
Administration of Admiral Holloway
The Berlin Decree and the Fish Trade
Permanent Judicial Establishments
Ecclesiastical Destitution
Administration of Admiral Duckworth
Burial Rights
Buchan's Expedition to the Indians
Institution of a Fire Society
Leasing of Ships' Fishing-rooms .
247 249251
255257
259263265267
CHAPTER XI.
1812-1818.
Admiral Duckworth's Report ....
Encouragement to the Cultivation of the Soil, 1813
Questions arising from Desertion and Impressment
Dr. Carson's Pamphlets ....
Excited Political Feeling ....
Threatening Letter to Chief Justice Colcough
Irish Factions in St. John's
End of Governor Keats's Administration
. 277
. 281
. 285
289,90 . 292
293,4
295-7
. 297
CONTENTS.
XVU
CHAPTER XI— continued.
Great Conflagration in 1816
Administration of Admiral Pickmore
Irregular Marriages .
Lord Bathurst's Letter of Instructions
Panic of 1816 ....
Second great Conflagration
Third great Conflagration
Liberality of the Inhabitants of Boston
Death of Governor Pickmore
PAGB 299300301303 307
311313
317 319
CHAPTER XII.
1818-1825.
Administration of Sir Charles Hamilton
Further extensive Fires, 1817
Convention with the United States, 1819
Memorial on the state of Trade, 1821 .
Petitions for Political Reform, 1821
Estabhshment of the Supreme Court, 1824
Estabhshment of the School Society, 1823
Intercourse with the Indians, 1819
323
323 325329331
335337
338
CHAPTER XIII.
1825.
Administration of Sir T. J. Cochrane
Measures for the Relief of the Poor
The Royal Charter, 1826 .
Road-making ....
Erection of Government House .
Visitation of the Bishop of Nova Scotia, 1825
Agitation for Representative Government
Agitation for Catholic Emancipation
Memorial in favour of Reform
Spontaneous action of the Crown .
Convocation and first Session of the Assembly
Religious and Political Discord .
Recall of Sir T. J. Cochrane
343
344
347352
357 359
361367369 371
373
379385
xvm
CONTENTS.
CHAPTER XP7.
1835-1846.
Outrages on Mr. Winton and Mr. Lott .
Outrage on Mr, Ridley
Charges against Chief Justice Boulton ,
Privileges of the House of Assembly
Act of 1842 amending the Constitution
Local Acts, Lighthouses, &c.
Educational Measures and Grants, 1843 .
New Bishopric of Newfoundland .
Visit of Prince Henry of the Netherlands
The Great Fire of 1846
Great Gale of 1846 ....
Close of Sir John Harvey's Administration
PAGE
391-7 399
402 404409 411411413 413
414421423
CHAPTER XV.
1846-1860.
Agitation for a responsible Executive .
Convention with France, 1856
Frustration of the Convention
Administration of Sir Alexander Bannerman,
Dismissal of the Ministry, 1860 .
Riots at the Opening of the Assembly, 1861
Defence of the Governor's Proceedings. .
Completion of the Atlantic Telegraph .
Visit of the Prince of Wales
1857
425
431
432433435 437
439 443
445
CHAPTER XVI.
ECCLESIASTICAL.
History of the Church of England
History of the Roman Catholic Church
History of the Wesleyan Methodist Church
History of the Congregational Church .
History of the Presbyterian Church
451455458461
462
CONTENTS.
XIX
APPENDIX.
I. Extracts from Captain Whitebourne's Work
II. The Commission of King Charles
III. Letter from J. Qgden ....
rV. Narrative of William Cull
V. Captain Buchan's Narrative
VI. Lord Palmerston's Letter to Count Sebastiani
VII. Cormack's Expedition ....
VHI. Statistical Table
PAGE 465471
476 480482 502
506
524,5
A HISTORY
NEWFOUNDLAND. CHAPTER I.
1497-1583.
Newfoundland — one of the valuable colonial pos
sessions of Great Britain, and forming the key to the
vast dependencies of that empire in North America —
is an island bounded on the west by the gulf and
river of St. Lawrence, on the north by the straits of
Labrador, and on the south and east by the Atlantic
Ocean. Its geographical pafrtion is between the
latitudes of 46° 37' and 51° 40' north, and the
longitudes of 52° 41' and 59° 31' west. It contains
a sea-coast of nearly two thousand miles in extent,
frequented by the shoals of fish for which the country
has been famous since its discovery. The interior,
though of great extent and covered with forests
relieved by numerous lakes-- of various sizes, is
comparatively little known ; but the bays and
2 HISTOEY OF NEWFOUNDLAND.
inlets of the shore are the seats of a busy and
increasing population contributing largely to the
commerce of the world.
It is proposed in. the following pages to trace the
history of Newfoundland up to the present time, pass
ing rather rapidly over the period of its discovery and
earlier settlements, — the reader being referred for
further information on these points to older books, in
which as much as is known (and perhaps sometimes
more) is variously recorded. The principal design of
the present work is to furnish, so far as possible, a con
nected and intelligible narration of the progress of the
island in more recent times, so as to afford some answer
to the very natural questions — How did the colony
arrive at its present state ? How did it pass from a
mere fishery to the rank of a colony ? Whence, and in
what circumstances, were its inhabitants introduced?
How originated and grew the religious distinctions
which have now such a marked place in their condition ?
How were their different institutions, legislative, legal,
and educational, brought into existence, and consoli
dated into the shape in which they appear at this day ?
If the writer shall succeed in imparting any useful
information on these subjects of enquiry, the degree
of his success will be the measure of his attainment of
the object he set before himself in the publication of
this volume.
The emerging to the light of European discovery
of before unknown regions in the Western Hemisphere
.was coincident with the clearing away of much of the
mist of obscurity overhanging the history of Europe
EAELY D1SC0VEEIES IN THE WEST. 3
itself. It belongs to a period the most eventful and
important in the annals of the world, a period witness
ing the dawn of the principal changes which, with
their momentous consequences, have given colour to
the manifold characteristics, and influenced the very
texture of modern life. The English nation was not
the least marked example of this revolutionary process.
For thirty years her sons had lifted up their hands
against each other in the battle for preeminence between
the rival standards of York and Lancaster. The un
happy feud was brought to an end by the elevation to
the throne of Henry VII., a man who, in addition to the ,
qualities which had enabled him to seize on the crown
through the issue of war, had other qualities fitting
him for his position, as being in harmony with rising
tastes in the people over whom he was called to rule.
These had longed for peace that they might follow
undisturbed the pursuits of trade and reap substantial
benefits from such pursuits, not only in the intercourse
between town and town, and town and country, but
in the more distant ventures which brought them into
commerce with other lands. For already this larger
and beneficial intercommunion was stimulating the
energies of men in various kingdoms: and already
their imaginations had begun to wander beyond the
known and beaten fields of enterprise to speculate on
unknown realms that might possibly be laved by the
waters of untraversed seas.
The foremost name on the list of those in whom these
notions and aspirations wrought, is that of Columbus
the Genoese, who, as he looked with wistful eye over
B 2
4 HISTORY OF NEWFOUNDLAND.
the Western Ocean, indulged the idea, until it became
a fixed belief, that beyond the horizon which skirted
his view lay fertile lands inviting adventurous re
search. Strangely enough, the opportunity of being
the patron of the most wonderful and fruitful enter
prise of that age was offered to Henry VII. of Eng
land. Nor was the honour foreign to his ambitious
designs, the immediate indulgence of which, however,
was checked by the over caution of the monarch, and
thus the splendid occasion was lost. Columbus at length
obtained tardy and parsimonious help from Ferdinand
and Isabella of Spain, and ere many months had
passed, the return of the explorer bearing the present
of a new world to his patrons conveyed to the Tudor
Prince the mortifying intelligence that the grandest
opportunity for the exercise of a sovereign's mag
nanimous cooperation had been allowed to slip out of
his hands. The glory of the discovery of the Western
Hemisphere belongs to Spain. At the same time
Portugal was gaining laurels in the field of maritime
research, but in a different direction. She had already
traced the western coast of Africa, and was preparing
to round the Cape with the view of penetrating into
the far East. Was there nothing left to England,
and to England's sovereign, to contribute to the light
of territorial knowledge which was dawning on the
nations ?
In Bristol there resided, among some Italian mer
chants drawn thither for the purposes of trade, one
John Cabot, a Venetian, a man who joined to his know
ledge of commerce an acquaintance with and an interest
EXPEDITION OF CABOT. 5
in the science and art of navigation. He was a man
distinguished, too, for an enquiring and speculative
genius. It is pleasant to believe that the relaxations
introduced by Henry VII. in the trade between his
subjects and the Italian cities may have quickened
the zeal of this enterprising foreigner to move beyond
the track of his ordinary profession, and to offer the
benefit of his conceptions and his efforts to the nation
which had afforded him an hospitable home. How
ever this may be, he proposed to undertake a voyage
of discovery to regions north of those visited • by
Columbus, and obtained from the king letters patent
granting to John Cabot, citizen of Venice, and to Lu-
dovicus, Sebastian, and Sanctus, sons of the said John,
authority to proceed and discover in any part of the
world — islands, countries, regions, and provinces be
longing to the heathen, and which were previously
unknown to all Christians.
From the time of this grant, the name of John
Cabot disappears from the record, — at least the cha
racters are so obscurely traced as to afford no definite
information as to who took part in the projected
enterprise. His son Sebastian succeeds him as
the principal figure in the narrative, and on him,
though a young man, appears to have devolved the
charge of conducting the expedition. The fleet of
which he had the command, consisting, it is said, of
five vessels manned by about three hundred men,
steered to the north-west, afterwards deviating to the
south-west, and on June 24, 1497, the Feast of St.
John the Baptist (such is the date assigned), the
6 HISTORY OF NEWFOUNDLAND.
sailors caught the first glimpse of Terra Nova. It is
doubtful, however, whether the land thus made was
any part of Newfoundland proper, or belonged to
the neighbouring coast of Labrador, separated from
the island by the narrow straits of Belle Isle.
Whatever was the locality that gave the discoverer
what he called his prima vista, the time of his
discovery was coincident with that of the annual
migration of cod- fish, for which these seas have
ever since been famous. In such abundance were
these inhabitants of the waters seen by the voy
agers that Sebastian called the country Baccalaos,
the native appellation of this fish, a name which is
perpetuated in a small rocky island, Baccalieu, about
forty miles to the north of the capital, St. John's, and
forming a wild residence,- in which multitudes of sea
birds build their nests.
The explorers pursued their voyage, still proceed
ing southward and westward^ taking observations of
Nova Scotia and a considerable part of the coasts be
longing, till lately, to the United States of America.
But with this farther progress and its disclosures this
history has no concern. It is sufficient to have noted
with a brevity justified by the obscurity of the ori
ginal records, the manner of the first discovery of
Newfoundland — a discovery which has conferred an
honourable renown on its projector and his gifted son
— which fills a fair page in the history of our first
Tudor king, and which has been productive of no
small amount of wealth to the British nation. It
makes a pleasant change in groping through the
maze of these older annals, to pass from the turbulent
EXPEDITION OF CABOT. 7
anarchy in which kings and barons, burghers and
peasants were spending years in deadly feudal strife,
and in their place to see the honest citizen, not less
brave than the former, animated with the spirit of
peaceful and humane enterprise, proposing to his
sovereign, and receiving from him helpful sanction, to
go forth in search of regions in which future genera
tions should hand down the nation's character, lan
guage, and rule. Such a reflection might well occur
to the thoughtful visitor to the capital of the oldest of
the British Colonies, as he looked on the commodious
streets, the well-built houses, the wharves thronged
with ships, the churches and cathedrals, all clustering
around the very centre of a government whose autho
rity extends over the spot, not very far off, on which
the British navigator of three centuries and a half
ago ahghted to claim a new realm for his country and
his king.*
For the greater part of a century after this discovery,
* The following are extracts from an account of the privy
purse expenses of Henry VII., now amongst MSS. of the British
Museum. They are copied here from a note to Anderson's
History of the Colonial Church, vol. i. p. 8 : —
1497, Aug. 10 To hym that found the New Isle, 101.
1498, March 24.^-To Lanslot Thirkill of London, upon a prest
for his shipp going towards the New Ilande, 201.
April 1. — To Thomas Bradley and Launcelot Thirkill, going to
the New Isle, 301.
1503, Sept. 30. — To the merchants of Bristoll that have been
in the Newfounde Launde, 201.
1504, Oct. 17. — To one that brought hawkes from the New-
founded Island, 11.
1505, Aug. 25. — To Clays goying to Eichemount, with wylde
catts and popyngays of the Newfound Island, for his costs,
13s. 4rf.
8 HISTORY OF NEWFOUNDLAND.
Newfoundland does not appear to have engaged much
of the attention of the successors of Henry VII., or
of influential persons about the Court. The further
voyages of Cabot and others opened out fairer fields,
more attractive to the spirit of enterprise, and pro
mising readier gratification to that desire for wealth
which was the principal motive with the greater part
of those who followed in the track of genius. Still,
the country which Cabot had called his prima vista
occupied a geographical position which prevented its
being forgotten by succeeding explorers, especially by
those who were seeking new territory in the northern
latitudes. In 1534, Jacques C 'artier, to whom France
was indebted for her knowledge and acquisition of
Canada, partially circumnavigated the island on his
way to realise his more important enterprise ; and at a
later period, he and Roberval, who had been appointed
as his coadjutor, met in the roadstead of St. John's.
In 1576, Martin Frobisher, one of the boldest of
mariners, and whose name has become almost sacred
in arctic explorations, visited the shores of Labrador,
and in all probability touched on the lands separated
from those shores by the narrow strait of Belle Isle.
In perusing the scanty notices of this period, two
facts can scarcely fail to be observed: first, that
Newfoundland occupied the same position in reference
to voyages to the New World that it holds to this day.
Being the nearest coast to Europe it has ever been the
point to which ships sailing westward have bent their
course. As it is the most immediate object of the
commanders of the Cunard steamers to ' sight ' Cape
COMMENCEMENT OF COD-FISHERY. "9
Race, so, three hundred years ago, vessels bound on
the same track, though their destination might be a
thousand miles further west, directed their first en
deavours to gain a view of Newfoundland ; and many
of them made a halting place of temporary rest to
their weary crews and passengers in the commodious
haven of St. John's.
A second fact, which is prominent to the reader of
these early records, concerns the importance which
silently and without ostentation came to be attached
to the cod-fishery on the banks and around the coasts
of the same country. While the more volatile spirits
of Europe were dreaming of Eldorados in sunny
climes, and the more gifted were speculating on some
possible route across the western seas to eastern terri
tories of ancient fame, numbers of men of various
nations were content to follow a less romantic enter
prise in seeking the real but unglittering wealth to be
gathered from the chill waters, washing not very
alluring shores. It is somewhat remarkable that the
English who, on account of priority of discovery,
claimed the island as their own, were not the principals
in these early fishing expeditions. Spaniards and
Portuguese showed an equal interest in them ; but,
above all, the French so availed themselves of this new
field of riches as to have anticipated that regard for
it which has led to their establishing a concurrent
right in the waters of a large part of the coast to the
present time. But whencesoever the fishermen came,
the fact is plain that, from the first discovery of the
country, they did come in great numbers. In 1578,
10 HISTORY OF NEWFOUNDLAND.
according to Hakluyt, no less than four hundred
vessels were engaged annually in this employ, of which
from thirty to fifty were English. It was the custom
of these adventurers, when the season was over, to
return with what they had gained, and spend the
winter in their several nations.
In the facts thus noticed may be traced the origin
of the European population of Newfoundland.
Vessels calling voluntarily at the port of St. John's,
or driven thither by stress of weather, many of them
conveying emigrants seeking a new home in a
quarter of the world to which they were utter
strangers, would probably often leave behind them in
their port of call, persons who had had sufficient of
sea-travel and were content to settle in the first land
at which they arrived, rather than commit themselves
to the ocean again in search of a more distant home;
and among those employed in the work of the fishery,
it is easy to conceive that many would come to prefer
spending the winter where they had made their
summer gains, and would grow in time weaned from
the ties which bound them to the Old World, and
attached to the soil of a region which, if it imposed
rude trials, yet was free from irksome restraints. In
this way we may account for the island's commencing
to be peopled, as there is reason to suppose that when
again it comes before us prominently in the page of
history, the elements of a resident population have
begun to form.
It is not until the reign of Elizabeth that we find
Newfoundland again associated with the names and
SIR WALTER RALEIGH. 11
the services of illustrious men. And then the country
is referred to as the link in a chain of more extensive
projected research. The English Court of this period
exhibited a brilliant spectacle, being adorned with
some of the most distinguished personages in our
annals. Burleigh, Sussex, Essex, Leicester, and
Sidney were chiefs in a crowd of statesmen, soldiers,
and wits, who, if in their rivalries they afforded food
for scandal, yet in their capacities and devotion graced
the throne. Not the least marked in that crowd was
the brave, the chivalrous, the high-minded and
scholarly Raleigh. While pursuing the profession of
arms in France, and in the Netherlands, this man of
many parts had found leisure to turn his attention to
the subject of navigation, especially in reference to
those newly discovered portions of the world towards
which the leading minds of Europe were being
directed. His cogitations on this field received a
practical bias from the publication, by his half-brother,
Sir Humphrey Gilbert, of a treatise concerning the
discovery of a north-west passage to the East Indies
— a question which greatly occupied the speculations
of gifted men. After the publication of this treatise,
Gilbert obtained from the queen a patent to colonise
such parts of America as were not afready possessed
by her allies, and he prevailed on Sir Walter Raleigh
to embark with him in the enterprise. From the
first it was disastrous. The defection of promised
coadjutors, the disorder and desertion of the sailors,
with the intervention of pirates and storms, soon
drove the adventurers home again after they had
12 HISTORY OF NEWFOUNDLAND.
suffered considerable loss. The expedition, though
thus checked, was not however relinquished : and as
the period to which the patent extended was drawing
to a close, Sir Walter, in connection with Gilbert,
fitted out a new fleet, which set sail in June 1583,
which the former was prevented from accompanying
by a contagious disorder breaking out in his own ship
at the time of departure. The commander, Gilbert,
carried with him a short letter written by Raleigh,
interesting as conveying the writer's last expressions
of affection towards his brother-in-law, and as an
evidence of Queen Elizabeth's good wishes on behalf
of the expedition.
Brother, — I have sent you a token from Her Majesty,
an anchor guided by a lady, as you see ; and, farther, Her
Highness willed me to send you word, that she wished you
as great good hap and safety to your ship, as if herself were
there in person, desiring you to have care of yourself, as of
that which she tendereth ; and therefore, for her sake, you
must provide for it accordingly. Farther, she commandeth
that you leave your picture with me. For the rest I leave
till our meeting, or to the report of this bearer, who would
needs be the messenger of this good news. So I commit
you to the will and protection of God, who sends us such
life or death as He shall please, or hath appointed.
Richmond, this Friday morning,
Your true brother,
Walter Raleigh.*
The expedition consisted of four vessels. The
'Delight,' of 120 tons; the 'Golden Hind,' and the
' Swallow,' each of 50 tons ; and the ' Squirrel,' of
„ * From Tytler's Life of Sir Walter Raleigh.
SIR HUMPHREY GILBERT. 13
only 10 tons. Sir Humphrey arrived in the first of
these at St. John's, Newfoundland, in the beginning
of August 1583. He is said to have been attended
by a motley following, in which were sailors, masons,
carpenters, blacksmiths, musicians, &c, in whose
presence — and calling together both English and
strangers then fishing — he took possession of the
country in the Queen's name, and erected the arms
of England upon a pillar of wood in testimony of her
Majesty's sovereignty.
The remainder of this voyage was most unfortunate,
and proved fatal to its commander. Proceeding
southward with the intention of bringing other coun
tries within the patent, — discontent, mutiny, and
disease broke out in the fleet, soon reduced to two
vessels, the ' Delight ' being lost, and the ' Swallow '
having been sent home with sick. The flag of the
Admiral had been transferred to the ' Squirrel ' (the
little cockleshell of ten tons), which he chivalrously
refused to leave. On the return homeward, the two
vessels kept company until they reached the parallel
of the Azores, when a fearful storm arose, attended
with portents which terrified the sailors. It was im
possible for the little ' Squirrel ' to live in such a
tumult of waters, and she was swallowed up with all
her freight. It is related that the ' Golden Hind '
had kept as near to her as she could during the
raging tempest, until the sad catastrophe, and it was
with feelings of awe that the crew caught sight of Sir
. Humphrey calmly sitting on the reeling deck with a
book before him, and heard him cry to his companions
14 HISTORY OF NEWFOUNDLAND.
in distress : ' Cheer up, boys, we are as near to heaven
by sea as by land : ' ' a speech,' says an eye-witness,
' well becoming a soldier resolute in Jesus Christ, as
I can testify he was.'
It was on the 22nd of September that the ' Golden
Hind ' arrived at Falmouth, sole remnant of the ex
pedition which had gone forth a little over three
months before. Its heroic projector and commander
had perished, but not until he had performed the
task assigned to him, by formally re-annexing to his
country the new-found land, which under her auspices
had been first made known to the world. His mission
does not appear to have been followed with any
earnestness in efforts towards the colonisation of the
country, though it is not to be doubted that private
zeal in the pursuit of individual wealth, augmented
the numbers which, with each summer, came in
search of the inexhaustible spoil to be gleaned from
its surrounding seas.
15
CHAPTER II.
1583-1697.
If the close of the fifteenth century is illustrious by the
first discovery of the lands of the New World, the two
following centuries are distinguished for the prosecu
tion of the work of discovery in more minute and
practical details, and for attempts at settlement in the
immense territories which exploring enterprise had
brought to light. Leaving out of view the efforts of
the Spaniards in this direction, who found a splendid
field for colonising activity in the islands and con
tinent of the South, the French occupy a foremost
place in these researches, and in endeavours to turn
them to account. About 1504, some Basque and
Breton fishermen, engaged in the cod fishery, dis
covered an island to the south-west of Newfoundland,
to which was given the name of Cape Breton — the
name by which it is known at the present day.
Nearly twenty years later Verazzano, furnished with
authority from Francis I., surveyed a considerable
portion of the coast of North America, and in 1534,
Jacques Cart\er — mentioned before as touching on
Newfoundland, after visiting parts of that island,
crossed the gulf on its western side, and passing by
16 HISTORY OF NEWFOUNDLAND.
Anti-Costi, sailed up a mighty river — the St. Law
rence, to the site of the present fortress and city of
Quebec. With him was shortly afterwards joined Ro-
berval, commissioned by the court to plant a colony,
and engage in trade with the natives. Then followed
nearly half a century in which France manifested
little interest in these transatlantic possessions— being
too much occupied with civil dissensions within her
own borders. This internal discord being brought to
an end by the elevation of Henry IV., attention was
again turned to the regions of the West. In the year
1603, Champlain sailed for Canada, thus beginning a
course of labours of the deepest interest to the rising
colony. He organised a system of trade with the
Indians — he formed amicable confederacies with them,
or humbled them in war by the superior science of
European civilisation. He fostered settlements of his
countrymen, and laid the foundation of Quebec, in
which city he was buried, in the year 1635. In the
meantime, while France was consolidating her supre
macy over the region traversed by the St. Lawrence,
she had also gained an established footing in the ter
ritory bordering on the ocean — the present Nova
Scotia, to which she gave the name of Acadia. In
that country, as well as in Cape Breton, little French
communities were being formed, and forts erected for
the purpose of protection and defence.
During the same period, England had not been idle
in the matter of taking possession of new countries,
and planting her sons therein. The great pioneer in
this work was the illustrious Raleigh. Not dis-
THE PILGRIM FATHERS. 17
couraged by the disastrous result of the enterprise of
which his brother-in-law, Sir Humphrey Gilbert, had
been the leader, he organised another expedition,
whose destination was the remote shores of the con
tinent. Under these auspices, possession was taken
of the country washed by the waters of the Chesa
peake, and through various vicissitudes attending the
settlers — often privations from the want of supplies
from Europe, and contests with the natives — the
infant colony took root, under the name of Virginia,
in honour of the maiden queen, and grew up to be a
flourishing state. It was more than a quarter of a
century after the commencement of this plantation,
that there took place the memorable exodus of the
Pilgrim Fathers — a little community of men, women,
and children, who made themselves exiles for the sake
of conscience and freedom. These landed at first, to
find a desolate home on the shores of the bay, to the
north of Cape Cod, and laid the foundation of the New
England States, destined, one day, to inaugurate a suc
cessful war with the mother-country which resulted in
the independence of a continent. Virginia and Mas
sachusetts are the most notable of the English trans
atlantic colonies of the seventeenth century. But
soon others arose by their side. Maryland, so called
after Henrietta Maria, wife of Charles L, was granted
to the Roman Catholic Lord Baltimore as an asylum
for his co-religionists, and in 1634, two hundred
persons of that faith took possession of this beautiful
country to avoid the disabilities which had pressed
hard on them in a Protestant nation. Carolina,
18 HISTORY OF NEWFOUNDLAND.
called after Charles II., was first occupied by persons
who had fled from the severe Puritan rule of Massa
chusetts, whose numbers were largely augmented by
English emigrants furnished with lavish grants of
land from the king. It was at a much later period
that William Penn, who was a creditor of the Crown
to the amount of 16,000^., received in payment an
immense tract of country stretching indefinitely in
land, and bounded on the east by the Delaware river,
and so was founded the Quaker state of Pennsylvania.
The territory of the now important State of New
York was first explored by the discoverer — Henry
Hudson, whose name is perpetuated in the magnifi
cent river, which American tourists know so well.
Its commencement as a colony was, however, by the
Dutch, and for half a century it acknowledged the
sovereignty of Holland, when it was conquered and
added to the dominion which prevailed in the adjoin
ing states. New Hampshire and Maine were originally
planted by some earnest adherents of loyalty and of
the Church of England, but these characteristics were
soon swamped by accessions from Massachusetts,
under the sway of whose government the colony at
length fell.
It was needful to make this brief sketch of the ad
vancement of colonisation in the extensive territories
of North America, as it furnishes the materials by
which the progress of Newfoundland could not be
otherwise than considerably affected. On the one
hand, France had extended her sovereignty over the
vast domain of Canada, on the way to which she also
TRACES OF FRENCH INFLUENCE. 19
claimed the sea-bordering lands of Acadia (Nova
Scotia) and Cape Breton. On the other hand, Eng
land — starting from the boundary of this French
dominion — had seized on the eastern coast of the
continent stretching far to the south, and there had
settled colonies of her children. On the line of travel
to both these transatlantic realms, from their several
parent states, lay Newfoundland, the nearest point
reached from the ocean, and seldom passed without
coming in sight of the voyagers. Though an English
possession, the localities most contiguous to it be
longed to the French, while the surrounding waters
formed a rich neutral ground, to which people of
both nations came annually to prosecute the lucrative
enterprise of the cod-fishery. A knowledge of these
facts will help to account for another fact, the extensive
influence and possessions which history recognises as
having belonged to the French in Newfoundland.
Though it is difficult to trace from the historical
records the origin and growth of this fact — yet its
existence is continually implied, until we see it
standing out in menacing dimensions, and leading to
conflicts with the British claimants to sovereignty over
the soil. And though this sovereignty is now an
undisputed fact, and the flag of Britain is regarded as
supreme in all the inhabited parts of the island, yet
the French have left, in the names of places on the
coast, especially on the southern border, unmistakeable
evidence of their former possession and even local
predominance. As we follow the map eastward from
the point Cape Ray, which looks across the narrow
c 2
20 HISTORY OF NEWFOUNDLAND.
Strait dividing the country from Cape Breton, we
find that one half the names laid down are French.
Point Enragee, Isles aux Morts, Bay Facheuse, indicate
the scenes of difficulties and hardships in navigation,
which Gallic adventurers were the first to experience.
Bonne Bay, Chaleur Bay, and Rencontre Bay, preserve
the memory of more grateful associations. Cinq Cerf
Bay is probably the monument of the success of some
mighty hunter, while Petit Fort Harbour significantly
testifies of military possession. This French nomen
clature is not confined to the south of the island, but
is also found, though less frequently, scattered over
the north-eastern shores : and it must be confessed
that the names thus derived are less coarse and
homely than many which are of English origin,
among which we meet with such as ' Old Harry,'
' Piper's Hole,' ' Hell Hill,' ' Seldom-come-bye,' 'Come-
by-chance,' and others of a like suggestive, but un-
poetic sound.
It is now time to resume the thread of the narrative,
interrupted for the sake of the foregoing digression. In
the year following Gilbert's expedition, Newfoundland
was visited by Sir Francis Drake, who appears to have
been engaged in one of the half-warlike, half-piratical
missions for which he was somewhat famous, as he
seized on several foreign vessels laden with fish and
oil, which he carried away as prizes. In the beginning
of the seventeenth century a large amount of interest
was evinced by the public mind in England towards
this island. In addition to several private adventures,
DRAKE AND BALTIMORE. 21
a company was formed under royal sanction, for the
purpose of promoting its colonisation. This organi
sation was headed by several distinguished names, the
most memorable of which is that of the great Bacon,
whose opinion has often been quoted, that the seas
around Newfoundland contained a richer treasure
than the mines of Mexico and Peru. Under the
patronage of this company, a colony was sent out,
endowed with a patent conveying a grant of a large
part of the countiy. In the year 1623, another
charter was granted, which seems to have made little
account of the boundaries of the one just mentioned.
It was obtained by Sir George Calvert, one of the
Secretaries of State. This personage, soon afterwards
created Lord Baltimore, was a Roman Catholic, a fact
which, taken in connection with the times in which
he lived, may partly explain his desire to procure a
foreign asylum for himself and the adherents of his
faith. Already the Puritan feeling was growing
strong in England, and was manifested chiefly in a
spirit of intolerance towards the practices and the
members of the ancient church. And that was an
age concerning which the present representatives of
no religious body, whether High Church, or Puritan,
Catholic or Protestant, can vindicate the liberality of
their ancestors. Persecution was a weapon which
each alike claimed the right to wield, and wielded in
their day of power. Sir George obtained for himself
and his heirs lordship over an immense tract of country
which he called the Province of Avalon, from the
ancient name of the place in which it is said that
22 HISTORY OF NEWFOUNDLAND.
Christianity was first introduced into Britain. In
extent it equalled a principality, and embraced the
fairest parts of the island.
To the patent conferring this royalty, was added a
grant of all islands lying within ten leagues of the
eastern shores, together with the fishing of all kinds
of fish, saving to the English the free liberty of fishing,
salting, and drying of fish. To take possession of this
valuable inheritance, a large number of persons was
sent out by the grantee, under Captain Wynne, who
was furnished with a commission as governor of the
settlement. Considerable expense was incurred in
providing this expedition with all things suited to
the requirements of an unpeopled and uncultivated
region. The locality of the plantation thus favourably
introduced was Ferryland, on the eastern coast, about
forty miles to the north of Cape Race, where the agent
built what was considered a magnificent house. In
the succeeding year the colony Was reinforced by
fresh emigrants, also well supplied with stores and
implements, and in the autumn of the same year, a
flattering account was sent home of the produce of
the land under the first efforts at tillage.
Moved by these representations, and perhaps to avoid
an anticipated time of trouble in England, Lord Balti
more, with his family, shortly afterwards removed to
Ferryland, where he resided for some years under the
protection of a strong fort which he had set up. But
as neither the fort nor the presence of the proprietor
could preserve the little colony from the insults of the
French, his lordship, after inflicting chastisement on
IRISH SETTLERS. 23
these troublesome intruders, re-embarked for England,
when he obtained from King Charles a grant which
led to the more noteworthy settlement of Maryland,
the principal city of which has handed the name of
Baltimore down to posterity. He still professed,
however, to retain his interest in the province of
Avalon, and to exercise the right of government over
it, by authority delegated to others. That rule
appears to have fallen into abeyance afterwards,
during the government of the Commonwealth and
Protectorate ; and a renewal of the grant was applied
for and obtained immediately after the Restoration
of 1660. Either before, or somewhere about the
time when Lord Baltimore took his departure from
Ferryland and the community which he had located
there, Viscount Falkland, the Lord-lieutenant of Ire
land, sent out a number of emigrants from that country,
to increase the scanty population of Newfoundland :
and in 1654, Sir David Kirk, with the sanction of the
Parliament, introduced another body of settlers. It
is probable that two of the facts just noticed, the
planting of a colony by Lord Baltimore and the
sending out Irish settlers, contained the origin of a
peculiarity which distinguishes this British posses
sion from the other American dependencies of the
Empire. At the present day it includes a larger
portion of the Roman Catholic element than is found
elsewhere. The magnitude of this element in propor
tion to the population is doubtless due considerably
to recent importations from Ireland, and also to the
proselytising zeal and efforts of the priesthood. Still
24 HISTORY OF NEWFOUNDLAND.
there must have been a special motive impelling to
these accessions, when account is taken of the more
inviting fields that lay further west, and it is very
likely that the ultimate cause is to be discovered in
these migrations of the seventeenth century. It was
a century in which religious feelings and convictions
were among the strongest forces acting on men, often
driving them to seek a home on distant shores. And
of all religious feelings at that epoch, not the least
intense was that of the Roman Catholics of England
and Ireland, nor was it that which had the least to
bear from the manifestations of stern, and sometimes
turbulent public sentiment. It is more than probable,
therefore, that as New England was an attractive
Goshen, to reach which the liberty-loving Puritan
braved the perils of the sea, so to the harassed
Catholic groaning under the rule of what he considered
an usurping and tyrannical Church, or suffering even
harder measure at the hands of those by whom that
Church was for a season overthrown, Newfoundland
presented a refuge which, if bleak in its aspect, and
imposing rude trials, yet was at least free from the
insults directed against his faith in England, and the
distractions and woes of the sister isle.
As far as can be ascertained in respect to the amount
of the population (British) about the middle of this
century, it is as follows: There are enumerated
fifteen distinct settlements in different parts of the
island : these were located principally on the eastern
shore, St. John's of course obtaining the lion's share.
There was also a little community in Conception Bay,
EXTENT AND CHARACTER OF POPULATION. 25
which had been conveyed thither by Mr. John Guy
under the auspices of the company already mentioned as
including Bacon amongst its promoters. On the whole,
three hundred and fifty families are reckoned to have
taken up their abode in the country. These formed
the resident, or what was termed, the winter popula
tion. In addition, there was what might Kterally be
called a floating population, embracing some thousands,
who frequented the coasts during the summer for the
sake of the fishery. Of these it may be regarded as
certain — a conclusion confirmed by what was the
tendency at a later period, concerning which we have
more definite testimony, that many would annually
remain allured by the tempting liberty to be enjoyed
in such an abode. From this cause, and from natural
increase, as well as from direct casual immigration,
a body of inhabitants gradually grew up, to which
Newfoundland was the only country and home.
At this point of the history, the questions naturally
arise, what were the manners and habits of these early
settlers, — under what rules did they live, — where
did they find that centre of authority which has so
prominent a place in the developement of civilised
society, and which might be thought a necessity
to men who had removed from the order of European
civibisation to found a community in the wilderness?
The answer to these enquiries is very unsatisfactory.
But little information is to be obtained, and what is
given presents but a painful picture of disorganised
mis-rule. Newfoundland differed in this respect from
the other transatlantic colonies, both French and
26 HISTORY OF NEWFOUNDLAND.
British. New France was a dominion that was
directly governed by old France, which took great
interest in its affairs ; sending out its rulers, regulating
the commerce of the people, aiding them to repel the
attacks of their Indian enemies, and in many respects
reproducing on the banks of the St. Lawrence a
miniature representation of the features which cha
racterised the parent-state. In New England and
the other British colonies were rising communities of
men, who, if they had fled from what they deemed too
harsh government at home, yet had an exaggerated
regard for government — who, if they were enamoured
of liberty, also loved and revered order, and whose
first care had been to set up and make authoritative
the framework of legal ordinances and time-sanc
tioned customs to which they had been used in Old
England. In these latter States, even in their in
fancy, were cherished a stern morality, a respect for
property, and a severe dealing with offenders against
the rights of either, which are considered among the
most valuable characteristics of the Anglo-Saxon
race. In Newfoundland the case was otherwise. It was
a country which, if claimed by England, yet was little
esteemed for its own sake. What was chiefly prized
was the abundant supply of fish which migrated to
its shores, and the employment which the taking of
the fish afforded to thousands of hardy seamen, who
might be relied on for the national defence; and
even the latter recommendation did not long receive
the appreciation which it deserved. The country
ENGLISH INTERESTS. 27
itself was viewed as a royal estate, out of which
grants might be made to enthusiastic adventurers,
who obtained the favour of the sovereign — new
favourites procuring fresh grants which not unfre-
quently omitted to take account of the boundaries of
those previously made.
The persons who had the greatest interest in the
country and who understood it best were the merchants
and shipowners of the west of England, who organised
and found their advantage in fishing expeditions.
And these looked with no desire to the settlement of
the land. It suited them better to send their agents
and servants in the opening of the spring to take pos
session of the stages, flakes, cook-rooms, &c, which
had been left at the close of the preceding season —
to employ these in the salting and curing of the fish
as it was caught day by day — and when the approach
of the fall denoted that the voyage was over, to col
lect the spoil, and re-embark with all that had been
employed, leaving a coastal desert behind them, until
summer returned, when they hoped to find their shore
appurtenances in the same state as when forsaken in
the previous year. But this selfish, narrow feeling
could not be fully gratified. People would settle on
the land — the number of these residents augmenting
year by year; and as they were regarded as inter
lopers by the traders in England, and were made of
scarcely any account by the government, they grew
up without authoritative regulations, each man being
a law to himself, and doing what seemed good in his
own eyes.
28 HISTORY OF NEWFOUNDLAND.
At length an attempt was made to rectify or, at
least, to ameliorate this state of things. In the year
1630, a commission * was issued by Charles I. for
the well governing of his subjects inhabiting New
foundland, or trafficking in bays, creeks, or fish-rivers
there. The document proceeding from this commis
sion, teaches us by implication, that previously the said
subjects had been very ill-governed, or rather, had
not been governed at all. The preamble states as a
reason for issuing the ordinance, that 'some of our
subjects of the realm of England, planting themselves
in that country (Newfoundland), and there residing
and inhabiting, have imagined that for wrongs and
injuries done them either on the shore or on the sea
adjoining, they cannot be here impeached; and the
rather for that we, or our progenitors, have not hither
to given laws to the inhabitants there, and by that
example, our subjects resorting thither injure one
another, and use all manner of excess, to the great
hinderance of the voyage and common damage of
this realm : for preventing such inconveniences, &c.'
The principal clauses in this manifesto show that it
was issued more in behalf of those who engaged in
the fishery, than for the benefit of the inhabitants of
the country. Severe prohibitions are laid down
against the destruction of any of the stakes, fishing
stages or any other property employed in the trade,
whether during the season or in the winter in the
absence of the English fishermen. One of the
* See Appendix No. 2.
ENGLISH MUNICIPAL JURISDICTION. 29
greatest evils recognised is the demoralising extent
to which intoxicating drinks were used, and it is for
bidden to set up taverns for the selling of wine, beer,
strong waters, and tobacco. But in the reason given
for this restriction, more weight is attached to the
interests of the fishery than to the virtue of those ex
posed to the temptation. One clause refers to more
serious crimes : any person accused of maliciously
killing another, or stealing to the value of forty shill
ings, was to be brought to England, tried, and if con
victed (whether of murder, or of stealing to the
amount mentioned) was to be hanged. What is
curious about this document, as throwing light on the
jurisprudence of less than two centuries and a half
ago on these matters is, that the mayors of Southamp
ton, Weymouth, Melcombe-Regis, Lynn, Plymouth,
Dartmouth, East-Loo, Foye, and Barnstaple were to
take cognizance of all complaints against any offender
for crimes committed on the soil of Newfoundland.
A large amount of interest was felt in England
towards that country subsequent to the commission
of Charles I. In 1663, it was ordered by authority
that owners of ships should not carry in their vessels
any other persons than those to be actually employed
in the fishery and the officers of His Majesty's
Customs, which regulation at once implies that coloni
sation was discouraged, and that some duties were
levied on the produce of the seas. Some time later,
on the suspicion that efforts were being made to pro
cure a governor of the island, a strong opposition to
the measure was brought forward by the western mer-
30 HISTORY OF NEWFOUNDLAND.
chants ; yet, within a few months afterwards, the same
merchants, fearing lest the estate which they would
so jealously confine to themselves should fall into the
hands of the French, are found petitioning that some
person in the position of governor should be sent out
with guns, arms, ammunition, and other materials
necessary to fortify some of the harbours. The
report, which was confirmed by the king, in answer
to this petition, was to the effect that no person in the
position of governor should be sent out, but that ' the
captains of the convoy ships should be empowered to
regulate abuses.' The next year (1670) rules were
issued by the Lords of the Council in reference to the
fishery. One of these required that every fifth man
carried out in the ships should be a green man, that
is, not a seaman — a stipulation which evidently showed
that the voyage was regarded as a nursery for the
training of new hands to the sea, with a view of en
larging the materials from which the navy was
drawn. Another of these rules was, that no fisher
man should remain behind after the fishing was over
for the season; to give further effect to which pro
viso, it was enjoined that masters should give bond
of a hundred pounds to the respective mayors of the
western towns to bring back such persons as they
took out, or employed in carrying fish for the market
voyages. In 1674-5, the question of the appointment of a
governor was again brought forward, and was con
sidered by the Lords of the Committee for Trade and
Plantations. A petition having been presented, asking
PETITIONS FOR A GOVERNOR. 31
for the settlement of such an authorised rule, was
again met by a protest from the merchants and owners
of ships in the west of England. This protest they
enforced by what professed to be grave and patriotic
reasons. The fishery had been failing for some years
— it had entailed on them, the merchants, great losses
— the country was not fit for a colony by reason of the
infertility of the soil and the rigour of the climate ;
— if made a colony, it would injure his majesty's
revenue ; — there was no need of a governor as respected
any defence against foreigners, the coast being defended
in the winter by the ice, and in the summer by the
resort of the king's subjects, &c, all which reasons, it
is plain, were subordinated to one in the minds of
the protesters, which is not, however, mentioned in
their pleading, viz. : — that it suited them to have the
fishery to themselves, free from any legal supervision
and control.
But how one-sided soever these representations
were, they attained the object for which they were
urged; for their Lordships, after considering them,
proposed, 'that all plantations in Newfoundland should
be discouraged, and, in order thereto, that the com
mander of the convoy should have commission to
declare to all planters to come voluntarily away; or
else 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 Bona vista.'
' *
* Reeves' Newfoundland.
32 HISTORY OF NEWFOUNDLAND.
It is well observed by Chief-Justice Reeves — ' In
surveying these transactions, we plainly discover the
two contending interests in the Newfoundland trade ;
the one, that of the planters and inhabitants, the other,
that of the adventurers and merchants, and we shall
see that according to the views of these different de
scriptions of persons, representations were at various
times made to the Government at home for promoting
or otherwise, regulations and establishments in the
island.' This controversy was carried on with increasing
earnestness and acrimony during many years. Effec
tual answers were furnished to the representations of
the merchants, by Sir John Berry, and Sir William
Pool, His Majesty's commanders of convoy ships.
Their evidence was given in reply to specific enquiries
addressed by the Committee of Council for Trade, and
it went far to exculpate the planters and resident
population from the charges brought against them,
and to vindicate the necessity for some organised
system of government in the island. A further
appeal was presented by the merchants, testifying that
former rules of the Council were being disregarded,
that in spite of them, passengers and private boat-
keepers were allowed to transport themselves to the
detriment of the fishery. This representation was
followed by a rejoinder in the shape of a petition on
behalf of the inhabitants of Newfoundland, praying
that nothing might be ordered to their prejudice. To
bring this matter into full discussion, it was ordered
by the king that both the adventurers and planters
ENCROACHMENTS OF THE FRENCH. 33
should be heard by their counsel. ' And thus was the
question of the convenience and inconvenience of
a colony solemnly argued at the council : after which,
it was referred to the committee for trade to propose
some regulation between the adventurers and planters,
which might consist with the preservation of the
interest of the Crown, and the encouragement of
navigation and the fishing trade.' *
One other element affecting the developement of
Newfoundland during the seventeenth century re
mains to be noticed, and that is, the presence and en
croachments of the French. It has been stated that
from the time of the discovery of the island, they had
discerned the value of the fishery, and availed them
selves of it to an equal, or even greater extent than
the English. The commercial enterprise of the people
of Bordeaux, Rochelle, Nantes, Havre, Dieppe, and
other maritime towns, conveyed great numbers
annually across the ocean to engage in an employment
which yielded a rich reward to bold and thrifty in
dustry. With the possession of Cape Breton, Acadia,
and the vast regions stretching from the gulf of the
.River St. Lawrence, and the mighty lakes, New
foundland obtained a new value in the estimation of the
government of France, as it formed one side of the
narrow entrance to its transatlantic dependencies : con
sequently the pursuit of the fishery by its seamen was
encouraged, and every opportunity was improved to
gain a footing in the country itself. This encroaching
* Reeves. D
34 HISTORY OF NEWFOUNDLAND.
tendency could not, however, be manifested without a
protest on the part of the somewhat sluggish English,
both by private individuals, and by the Government.
Charles I., who, with whatever faults have been at
tributed to him, yet, like his unhappy son James II.,
had the national virtue which led him to cherish the
naval greatness of his country, imposed a tribute of
five per cent, on the produce taken by foreigners in
this fishery, to which exaction, the French, as well as
others, were forced to submit. During the distracted
time of the Commonwealth, jt does not appear that the
struggling Government at home found leisure to
attend to these distant affairs, though the tribute con
tinued to be levied. The Restoration brought to
England a sovereign who owed much to the monarch
of France, to whom he was therefore attached by the
ties of gratitude, and by the desire to find a counter
poise to the refractory disposition of which he was in
continual apprehension among his own subjects. It
was not until 1675, that Louis XIV. prevailed on
Charles to give up the duty of five per cent., and by
that time the French had obtained a solid footing on
the southern coast of Newfoundland, so that, with.
Cape Breton in their possession, they commanded
both sides of the Gulf of St. Lawrence. Over a
territory of some two hundred miles in extent, belong
ing to the British sovereignty, they had built up im
perceptibly an almost undisputed dominion. At
Placentia, situated in the bay of that name, a strong
fort was erected, sustained by other forts standing at
intervals along the shore, and at the same place, a royal
ESTABLISHMENTS OF THE FRENCH. 35
government was established. How real was the
authority assumed, and how completely was the
English sovereignty ignored, needs no better proof
than is furnished in an ordinance issued by Louis in
the year 1681, concerning the marine of France. In
this State paper, Newfoundland is reckoned as situate
in those seas which are free and common to all French
subjects, provided that they take a license from the
admiral for every voyage. It also contains regula
tions for the masters of vessels as to their conduct on
the shore, fixing after what order each shall choose
his own piece of ground, and also what marks he shall
set up, in token that he has so taken possession.
There are other sections in this elaborate ordinance
which evince that the aim of the Government, besides
securing a valuable field for its commercial marine,
and fortifying the gates leading to its larger western
territories, was to foster the elements of a naval force,
which might be employed for the general purposes of
the State.
Thus that period which is regarded as among the
most humiliating in the annals of our nation, — when
the king was a pensioner of France, and his ministers
received bribes from the same quarter, witnessed the
partial sliding under this alien power of the most
ancient of the colonial possessions of the Crown. Not
less than half of the inhabited coast of Newfoundland
was thus taken under that despotic rule, which, while
swaying the councils of England to the furtherance of
its ambitious designs, was labouring for the subjuga
tion of the European continent. The revolution of
D 2
36 HISTORY OF NEWFOUNDLAND.
1688 broke the spell of this encroaching autocracy,
and while it tore from around Britain the fetters of a
shameful yoke, afforded a breathing time of hope to
the other kingdoms whose independence had been
imperilled and attacked. How King William ren
dered abortive the efforts of the French monarch to
sustain armed rebellion in Ireland — how he succeeded
in forming a league in which Protestant Holland and
Catholic Austria, and even the Pope himself, were
combined to limit the ambition of France — how he
was further successful in forcing from the royal patron
of James a recognition of his own title as king of
England : these are facts which belong to the general
history of Europe. The present work is concerned
only to notice the effects of the Revolution on the
position of Newfoundland as a portion of the do
minion transferred by that event, from the House of
Stuart to the Prince of Orange and the House of
Brunswick. King William was so absorbed -in domestic matters,
and in the warlike struggle of the Continent, that we
should scarcely be surprised to learn that he did not
pay much attention to the affairs of this distant and
obscure province. Yet we find that in his declara
tion of war against the French, Newfoundland holds a
prominent place in the grievances which led to the
adoption of that measure. The following are the
terms in which the grievance is stated : — 'It was not
long since the French took license from the governor
of Newfoundland to fish upon that coast, and paid a
tribute for such licenses as an acknowledgement of
CONNECTION WITH EUROPEAN POLITICS. 37
the sole right of the crown of England to that island ;
but of late, the encroachments of the French, and His
Majesty's subjects trading and fishing there, had
been more like the invasions of an enemy, than be
coming friends who enjoyed the advantages of that
trade only by permission.' *
In the above extract, the tribute referred to is
evidently the five per cent, duty imposed by Charles I.,
and the term ' governor ' must be taken as denoting the
commander of convoy ships, in whom was vested the
only shadow of governmental authority exercised in
the island.
But, as it often happens in affairs of war and diplo
macy, that the country which figures prominently in
angry controversy and in justificatory manifestos
occupies the smallest place in the transactions arising
out of these, so in this case, Newfoundland was no
part of the battle-field inaugurated by the foregoing
declaration. In that, Beachy Head, La Hogue, Dun
kirk, and Namur, are the names significant of the
posts of fiercest contention. Still, Newfoundland did
not escape the sweep of the storm whose turbulent
centre was in Europe. The French government at
Placentia seems to have had the clearest perception of
the interest which the country had in the dispute, and
to have been stimulated to preparation against con
tingencies by the parent authority. In 1692, the
garrison sustained an attack on the forts by an Eng
lish squadron, which it forced to withdraw after a
* Copied from Anspach's History of Newfoundland.
38 HISTORY OF NEWFOUNDLAND.
fruitless bombardment. In 1696, the Chevalier Nes-
mond was ordered with a fleet of ten sail, reinforced
by other ships from Rochefort, to undertake a great
mission in the West, the first part of which was to
drive the English out of Newfoundland. His attack
on St. John's, however, was doomed to be a failure ;
but shortly afterwards, another attempt, with fairer
prospects, was made. This time, the assailants were
under the command of Brouillan and Ibberville, — the
latter being at the head of a Canadian force. Before
this combined assault, St. John's fell — and its fall
was followed by the surrender of nearly the entire
English settlements. Bona Vista and Carbonier are
said to have been the only places that remained
inviolate. The latter was a village in Conception
Bay, situated in a commodious fishing harbour. It
was inhabited by descendants of the body of emi
grants introduced by Mr. John Guy at the com
mencement of the century. To these, though few in
number, belonged the pre-eminent strength and
courage which enabled them to maintain their Eng
lish allegiance at the time when it was dissolved
everywhere else.
It was not to be expected that the English Go
vernment, even under the pressure of greater matters,
would submit to this conquest of its earliest field of
discovery, especially when the French encroachments
on it had been put forth as one of the moving occa
sions of the war. Attempts were speedily made to
dislodge the invaders, which, if not very successful,
were the harbingers of stronger attacks which must
THE PEACE OF RYSWICK. 39
have led to this result; and probably to the complete
expulsion of the French from the island. But all"
preparations and operations to this end were brought
to a close by the treaty for a general pacification,
signed at Ryswick, in 1697. That treaty, whatever
other advantages it may have given to England as a
recompense for the' sacrifices made in a costly struggle
of nine years' duration, left the affairs of Newfound
land in the same state. as when the strife began; that
is, the point in which the island was concerned in the
dispute, and which at the outset had been alleged as
a reason for hostilities remained without any settle
ment at all. The French gave up their conquests,
but retained the territory which they had previously
appropriated in the south-west, though for their hold
on it, they had no more formal title than they pos
sessed before.
THE WAR OF THE SUCCESSION. 41
this step, and of some of the events of this troublous
time, is the object of this chapter.
The respite afforded to Louis XIV. by the pacifi
cation of Ryswick, was employed by him for the
furtherance of other political designs which brought
about another and a greater embroilment in the affairs
of Europe. The death of the king of Spain, who left
a will by which the Duke of Anjou, second son of
the Dauphin, was declared sole heir of the Spanish
Monarchy — an assignment which was attributed to
the intrigues of France, was an event producing great
excitement among the nations who dreaded the ag
grandisement of the latter power, and provoking the
bitter hostility of England. Before the war broke
out (though engagements in preparation for it had
been made) King William died, his sudden removal
causing a loss of incalculable importance to the Anti-
Gallic confederacy.
The carrying on of the contest passed, so far as
Great Britain was concerned, into the feebler hands of
Queen Anne. Yet the enemy derived little advan
tage from the change. For it was under this female
reign that Marlborough dealt out to the French
monarchy such strokes of disaster and shame as
brought it to the verge of ruin.
While this gigantic struggle was going on in the
world, Newfoundland, the distant frontier to the
transatlantic possessions of the two principal powers
engaged in it, was the scene of a chequered strife.
It has been shown in the previous chapter that while
the English held the eastern and north-eastern coast
42 HISTORY OF NEWFOUNDLAND.
the French occupied the southern border including
the Bay of Placentia, and stretching to the entrance
of the Gulf of St. Lawrence. It may be added also
that they freely exercised the privilege of fishing along
the Gulf shores and around the northern part of the
country. For several years each of the rival occu
pants was employed in endeavours to effect the
expulsion of the other. At the opening of the war in
1702, Captain Leake received instructions from the
Lord High Admiral to proceed with a small squadron
to Newfoundland, for the purpose of taking possession
of the whole island : at least so far as this could be
effected by inflicting injuries on the enemy.
This commission he appears to have pretty com
pletely executed, destroying the French settlements at
Trepassey, St. Mary's, Colinet, Great and Little St.
Lawrence, and also seizing upon and dismantling the
fortified island of St. Pierre. After these exploits, he
returned to England as protector of the homeward-
bound ships, and taking with him twenty-nine sail of
the enemy which he had made prizes. The brief ac
counts which have come down of this transaction
leave it to be supposed that the French were still left
in possession of the town and fort of Placentia. The
following year the Admiral Graydon appeared off the
coast, with instructions to attack this strong place and
to force the enemy to quit the country altogether.
Finding himself beset with difficulty arising from an
unusually dense fog, the admiral called a council of
war, to decide on the feasibility of the enterprise.
The unanimous opinion of the council was, that to
FRENCH CONQUESTS. 43
make an attempt on Placentia with the ships and
forces in the condition in which they were, was
altogether impracticable, and, instead of any proba
bility of success, might tend to the dishonour of Her
Majesty's arms. After this decision, the squadron
returned to England, thus ingloriously terminating an
expedition, which, contrasting with successes that
were being achieved nearer home, drew on the com
mander the censure of his countrymen.
This failure emboldened the French to become in
their turn the aggressors, and to make strong
efforts to acquire domination over the whole island.
From its contiguity to other colonies of the same
nation, the garrison at Placentia could be easily rein
forced, whether for the purpose of strengthening the
defences of the place, or of engaging in external
operations. In 1705 a large body of Canadians
joined the fort. About four hundred of these were
forwarded with the war- vessel ' La Guesse ' to Petty
Harbour, about nine miles from St. John's, whence
they made a strong attack on the forts of the capital,
but failed to take the city. But if thwarted in this
object, they acted as conquerors everywhere else —
ravaging the villages, taking captive the inhabitants,
and committing devastation along the whole coast, as
far as the English plantations extended. By this
daring enterprise, the people of St. John's were com
pletely isolated, and kept in ignorance of what was
going on in the other settlements until beyond Mid
summer 1706, when a report was brought that the
French were fishing in the harbours to the northwardr
44 HISTORY OF NEWFOUNDLAND.
under the protection of several vessels of war. Fortu
nately, there were in the harbour of St. John's at the
time, Captain Fnderwood, of the queen's ship, the ' Falk
land,' and Captain Carleton of the 'Non-Such.' These,
moved by a petition from the merchants, ship-masters,
and the inhabitants generally, set forth for the pro
tection of the British trade. They were accompanied
by Major Lloyd who, with a portion of his troops,
volunteered to go on the expedition. It was attended
with triumphant success. This small force did its
work so effectually, as, after searching the whole of the
shore, and destroying the French equipments for the
fishery, to make prizes of six out of the ten armed
vessels of the enemy.
Still, whatever glory was acquired by Captain Un
derwood from this cruise, the occasion which called
for it, and the circumstances in which it left the
country, were veiy humiliating to Englishmen, and
were so felt throughout the nation, and this the more,
as contrasting with the triumphs of its arms on the
continent. In 1707 the feeling found vent in the
House of Commons, which complained in strong terms
of ' the great declension of the British interests in,
and lucrative trade to, Newfoundland ' — and resolved
that ' an humble address be presented to Her Majesty,
that she will be graciously pleased to use her royal
endeavours to recover and preserve the ancient pos
sessions of trade and fishing in Newfoundland.'
Any strong action, which may have been intended
to follow from this resolution, was too late to prevent
a disgraceful catastrophe. At any rate, such action
INDIGNATION IN ENGLAND. 45
was anticipated by the swifter and bolder measures of
the "French. In the mid winter of the following
season, on New Year's Day, a time when warlike
movements might have been deemed impossible, a
force proceeded from Placentia, and landing without
opposition about fifteen miles from St. John's at once
marched into the town, which, the garrison being
utterly unprepared for such an attack, was imme
diately taken, and soon afterwards the forts were dis
mantled, and most of the houses destroyed. After
the success of this audacious enterprise, an attempt
was made to take Carbonier in Conception Bay, which,
as on a former occasion, was the only town in which
the English authority was maintained. Again the
attempt was baffled ; this time from want of proper
concert between the parties employed in the expedi
tion, one of which, however, destroyed all the erections
and other property within their reach.
While these events were going on, stern winter
brooded over the land, and prevented any communi
cation with the mother-country. But when, in the
spring, news of what had occurred reached England,
bitter feelings of indignation and shame were aroused.
Pamphlets issued from the press, expatiating on the
dreary disaster. The Government was memorialised
with as passionate an eagerness as if the right hand
of the British navy and British commerce had been
cut off. And indeed, all this wrath and sorrow, if
exaggerated, as is too often the case in our national
moods of excitement, were provoked by a serious
occasion. Newfoundland was for the time being lost
40 HISTORY OF NEWFODNDLAND.
to the country, and in the hands of its enemies. The
merchants interested in the commerce of Spain and
Portugal and Italy found their trade suddenly
crippled to a considerable extent. These were facts
which envenomed the sting inflicted by the insignifi
cant means that had sufficed to ravish the earliest
dependency of the Crown.
To overcome these reverses, and to recover the spoil,
great preparations were made, in which Newfoundland
only entered into larger schemes directed against the
whole of French power across the Western Ocean.
As the result of these plans, Port Royal in Nova
Scotia (Acadia) was taken from the French, and its
name changed to Annapolis, in honour of the Queen.
An abortive attack was made on Quebec. One
also was concerted against Placentia, but, from want
of bold decision in the council of war, came to nothing.
For several years the French retained peaceful pos
session of Newfoundland.
The question of holding the island, however, de
pended less on the issue of the petty conflicts which
took place within its borders, than on the general
result of the war in Europe. This was sadly against
the French. Louis XIV. was compelled to see his
influence diminished, his territories narrowed, his
fortresses taken, and, altogether, he had sunk so low
in resources and in the position which he held in
the world, that he was glad to enter into terms of
peace, though such a boon was certain to be purchased
at a considerable cost of dominion and of humiliation
to his pride. The English people were almost as
TREATY OF UTRECHT. 47
eager for the establishment of peace. Wearied with
the burdens of the war, satiated with its glories, dis
tracted with political faction, and menaced by the
danger of rebellion on behalf of the exiled dynasty,
they were ready to acquiesce in liberal terms to
France, so that the contest might be brought to an
end. With these dispositions prevailing on both
sides, a pacification was signed in the instrument so
well known as the ' Treaty of Utrecht,' a treaty the
provisions of which have been subjected to severe
censure, as conceding too much to the French, and
sacrificing the principal object of the war. To a
certain extent the censure is just, but the apology for
the fact is to be found in the characteristic disposition
of the British people, an unwillingness to press hardly
on an enemy whom they have humbled in the field, and
this was the case with France and its haughty prince.
The treaty produced considerable changes in the
North American colonies. Nova Scotia was finally
annexed to the English dominion, while Cape Breton
was confirmed to the French ; the latter provision ex
citing bitter comments in the neighbouring dependen
cies of England. But the settlement of the position
of Newfoundland formed the principal point in this
negotiation, and it was declared that the whole
country with the adjacent islands should belong, of
* right, only to Great Britain,— that the town and for
tress of Placentia, and whatever other places were in
the possession of the French, should be given up ; that
neither the most Christian king, his heirs and suc
cessors, nor any of their subjects, were at any time to
48 HISTORY OF NEWFOUNDLAND.
lay claim to any right to the said island and islands,
or any part of them ; but it was to be allowed to the
subjects of France, ' to catch fish and to dry them on
the land, in that part only, and in no other besides, of
the said island of Newfoundland which stretches from
the place called Cape Bona Vista to the northern part of
the said island, and from thence running down by the
western side, reaches as far as the place called Point
Riche.' The establishment of this treaty formed the
third phase in the position of Newfoundland, and its
relation to Great Britain since its first discovery.
For a long period the right of England over that
country was assumed as entire, and as embracing in
definitely the surrounding seas frequented by the cod
fish. Then the French, by gradual encroachments,
availing themselves of the privilege of fishing in the
waters, took possession of part of the coast, set up a
government whose seat was defended by fortifica
tions, until at length they assumed jurisdiction over
one half of the island, and for a brief season obtained
by conquest possession of the whole. By the treaty of
Utrecht, Great Britain was solemnly confirmed in
the exclusive sovereignty of the entire territory ; but
the French were recognised as having the right of
fishing concurrently with the English along certain
portions of the shore, and the use of the shore so far '
as was needed for the prosecution of their fishery. This
latter was a very important concession. For the coast
thus surrendered, to what had lately been an inimical
and must always be a rival power, contained two-
DISPUTED BOUNDARIES. 49
thirds of the eastern shores, the whole of the northern,
and one-third of the western, of a very extensive and
important possession of the British Crown. A diffi
culty subsequently arose as to the proper interpreta
tion of the treaty — the boundary, Point Riche, being
so little known as to cause a dispute in reference to
its local position; the French asserting, on the
authority of a single map, that it was identical with
Cape Ray in the extreme south-west ; the British de
claring, on more extensive testimony, that its place
was nearly three degrees further north, an important
difference, as it involved about a hundred and eighty
miles of coast, including valuable harbours. This
was a dispute, however, which did not come up until
a long period after the treaty, and, therefore, its set
tlement must be left to be accounted for in its proper
place. There can be no doubt that, considering the rela
tive position of the parties concerned, the French ob
tained the advantage in the treaty of Utrecht. They
had been the losers in the war — a contest which had
been provoked by their ambitious designs on the in
dependence of nations. Peace had become a matter
of absolute necessity to them to save the kingdom
from ruin. It is unquestionable that if the British
Government had pushed the superiority which they
had achieved by victory and success, they might have
dictated their own terms, and have excluded their
late enemy from all right either in Newfoundland or
Cape Breton. But, as has been said, magnanimity and
generosity prevailed in the councils of the triumphant
50 lilST'OKX UU' JNl<iWl!UUJNUl-,AJNU.
side. Had it been otherwise, it is probable that it
would have been better for Newfoundland, and have
saved the mother-country many a difficulty and
much burdensome expense. Then the colony would
have escaped petty disputes which are continually
arising even to this day ; its fishermen and merchants
would not have had to sustain such a powerful rivalry
in foreign markets, and the trade might have been
preserved from the fear, now often expressed, of a
diminution and failure in what once was deemed an
inexhaustible mine of piscatorial wealth. Nor, per
haps, would the advantage have been less to the home
interests and people of England if her rulers, a cen
tury and a half ago, had made a more high-handed
use of the power which Providence had given them,
to secure exclusive possession of these shores and
seas. In them France has found the principal
nursery for that fleet which now and again occasions
a sometimes ignoble panic in respect to the main
tenance of our naval supremacy. But for the in
crease and the training of seamen promoted by the
enjoyment of the free use of these western fisheries,
Englishmen might have smiled serenely on the offen
sive fortification of Brest and Cherbourg, or rather,
the Brest and Cherbourg of to-day would not have
existed to provoke either their apprehensions or
their smiles.
The internal arrangements affecting the people
interested in Newfoundland, whether as settlers or as
engaged annually in the fishery, during the period of
the war with France, and in subsequent years until
STATUTE OF WILLIAM III. 51
1728, are of some importance, though presenting a
picture of a social condition which it is not very invit
ing to review. The close of the seventeenth century
was signalised by the enactment of a law well known
in the history of the colony, as the Statute of
William III. A brief examination of that law, and of
the mode of its operation previous to the issuing of
other regulations, will throw some light on the state
of the country at this time.
The preamble to the statute affirms the value to
Great Britain of this part of her dominions, and asserts
the free and extensive right of all her subjects to fish
in the waters, and to make use of any part of the
shore for the furtherance of the fishery. The tenor
of the various sections of the Act plainly shows that
its great object was to consult the interests of the
trade as prosecuted by adventurers from the old
country. The next object being to make the fishery
contribute, by the training of seamen, to the materials
for the naval defence of the nation. The inhabitants
are referred to, all through, as existing only by
tolerance, enjoying such privileges as could be spared
after full provision being made for more favoured
. parties. The most convenient parts of the harbours
and coves are supposed to belong to the fishing ships.
On these chosen spots the owners of the vessels had
the right to erect stages, flakes, cook-rooms, train- vats
and other needful appurtenances, which they could use
during the season, and then leave standing, to be found
uninjured when the fishing time came round again.
Section V. enacts that every such inhabitant as since
E 2
52 HISTORY OF NEWFOUNDLAND.
1685 has taken possession of any stage, cook-room,
beach, &c, for taking bait and fishing, or for the drying,
curing and husbanding of fish, shall forthwith quit
and leave these to the public use of the fishing ships
arriving there. The next section declares that no
inhabitant shall take up any beach or place, until all
such ships are provided for. The harshness of these
rules is somewhat modified in the seventh clause by a
proviso, that all such inhabitants as since 1685 had
built (unchallenged by fishing ships) any houses,
stages, cook-rooms, &c, should enjoy the same without
disturbance. Section IX. requires that 'all masters
of fishing ships shall carry with them one fresh man
that never was at sea before, in every five men they
carry : ' but that every inhabitant or by-boat-keeper
(persons who went out to keep boats for a fishing
voyage) should have ' at least two fresh men in six,
viz. one man that hath made no more than one voyage
and one who hath never been to sea before.' Other
clauses in this Act forbid wanton injury to be done to
the woods around the fishing harbours ; regulate the
conduct of the fishermen towards each other, and in
regard to the baits, nets, saynes, &c, employed in the
craft, and make provision for the decent observance of
the Lord's-day by all classes of the people. But the
most important part of this ancient statute, as dealing
with the matter of greatest necessity, respected the
executive authority, by which these rules, or indeed
any laws whatever, were to be carried out. As
bearing on this point there are two sections in the Act.
The thirteenth, acknowledging the frequent failures
REMARKABLE CLAUSE IN THE ACT. 53
which had attended the bringing of criminals to
justice, because the trial of such offenders had been
adjudged in no other court but before the Lord High
Constable, or Earl Marshal of England, provided for
the more speedy and effectual punishment of such
offenders by ordering that they might be tried at the
usual assizes in any shire or county of the Kingdom
of England. Thus, notwithstanding this improvement,
persons accused of any theft, robbery, murder, or
other felony, had the prospect (comfortable if guilty,
dreary if innocent) of a voyage of two thousand miles
before their guilt or innocence could be proved.
The most remarkable clause in the Act, as denoting
the only local government in the island, remains to
be noticed. Section IV. says that the master of any
such fishing ship from England, Wales, or Berwick, as
shall first enter any harbour or creek in Newfoundland,
shall be Admiral of the said harbour or creek during
the fishing season, and that the master of any such
second ship shall be Vice- Admiral of such harbour or
creek, and that the master of every such fishing ship
next coming shall be Rear- Admiral of such harbour
or creek. The first of these chance Admirals was to
have the privilege of choosing and reserving to himself
so much beach or flakes, or both, as was needful for his
own use in the voyage. In Sections XIV. and XV.
it is enacted that these Admirals shall see to the
execution of the rules of the statute — shall keep a
journal of all things relating to the fishery, to be
presented to the Privy Council, and shall authori
tatively determine all differences between masters of
54 HISTORY OF NEWFOUNDLAND.
fishing ships and the inhabitants, the latter having
the power of appeal to the commanders of His
Majesty's ships.
Such was the sole local tribunal existing in New
foundland in those days. The skipper of the first
vessel which the favouring winds blew into any
harbour, how rude soever and ignorant he might
be, as rated according to the standard of a rude
and ignorant class, was to be the final judge of
controversies affecting an important trade, and the
interests of hundreds of people. A man himself
engaged in the fishery was to decide on questions of
meum and tuum among those who were his com
petitors in the same employ : one who was an alien to
the country, visiting it only for a season, was to dis
pense justice between a people born in the land and
other persons whose position, whose prejudices, and
whose interests were identical with his own. It is
easy to anticipate that such a legal provision would
work but ill, even in the time in which it could be
put in force; but its greatest defect as respected the
inhabitants of the island was, that for the greater
part of the year, it necessarily sank into abeyance.
When the autumn came, the Admiral, with all his
belongings and all his associates, quitted the shores to
spend the long winter in England, leaving behind
them growing communities of people, who, during
the same winter, were without work and without law,
and among whom, unless they were exceptions to the
ordinary character of human nature, disorder and
crime could not fail to abound.
ABUSES OF THE ACT. 55
The state of the country for many years sub
sequent to the passing of this statute, served to show
how liable its enactments were to abuse, and how in
sufficient to meet the evils and the wants for which it
had been provided. In answer to heads of enquiry
given in charge to the naval commanders or other
persons under the authority of Government, repre
sentations were made of the ineffectiveness of the late
law, both for the regulation of the fishery, and the
proper government of the people. From these repre
sentations, it appears that the fishing admirals almost
entirely neglected to keep a journal such as they were
under obligation to furnish, perhaps in most instances
for the very good reason that their literary attain
ments were inadequate to the performance of such a
simple task. They arrogated to themselves privi
leges in the several harbours beyond those that were
allowed them in the Act. They received bribes of
fish as the price for giving a favourable decision in
disputed matters to those who had the prudence to
pay this pecuniary homage to the investiture of a
little brief authority. As to the clause empowering
the inhabitants to appeal from their decrees to the
commanders of the royal ships, this was in most
instances of no effect, because in the majority of
harbours there were no such commanders, and where
they were, in some cases, these commanders were
accused of engaging in the fishery for themselves,
thereby becoming affected by the same motives as
the admirals.
The pervading tenor of these representations goes to
56 HISTORY OF NEWFOUNDLAND.
show how the inhabitants were at the mercy of the
adventurers and merchants engaged in the trade.
The latter were the importers of all articles of do
mestic necessity, as well as of such as were requisite
for the prosecution of the voyage. These they gave
out on their own terms, encouraging the poor planters
to get into their debt, knowing they would be reim
bursed from the produce of the season. In the course
of time it happened that the same planter or shore-
fisherman was indebted to several merchants, when
the agents of the latter, each anxious to secure his
own, furnished occasion for such a picture as the
following, taken from the report of Mr. George
Larkin in 1701 : —
' Debts used not to be paid till August 20 ; but
for two or three years, the flakes had been stript by
night, and the fish carried off in June or July, without
weighing. A second had come and taken it from the
first ; the planter had had twenty or thirty quintals of
fish spoiled in the scuffle, and the rest of his creditors
were forced to go without any satisfaction. The poor
fisherman who helped to take the fish, had on these
occasions gone without a penny — salt, provisions, and
craft being payable before wages.' *
For one of the evils produced by this mercantile
monopoly, an irregular mode of redress was partially
obtained by the natural operation of the law recog
nised in political economy. The profits of the traders
were so enormous, and pressed so heavily on the
* Reeves' History of the Government of Newfoundland.
CORRESPONDENCE WITH THE BOARD OF TRADE. 57
people, that the sharp-witted men of New England
discovered that Newfoundland afforded a capital field
for carrying on a profitable, if illegal traffic. They
imported flour, pork, tobacco, molasses, rum, &c, of
which they made an advantageous sale to the planters,
and on their return, often procured a further emolu
ment by smuggling away many of the fishermen to
their own shores where they were in great demand.
Even the agents of the English merchants and the
authorities in the harbours were charged with partici
pation in this illegitimate commerce. From the cor
respondence of the commodores and commanders of the
station with the Board of Trade, the following statement
is taken as furnished by one writer : — ' But what I
would more particularly represent to your Lordships is,
the clandestine and illegal commerce carried on between
the New England men, and several of the British
masters, especially the fishing admirals, who, after.
they have qualified themselves in England for fishing
ships, depart for France, Spain, or Portugal, where
they freight with wines and brandies, which early in
the year they carry directly into Newfoundland in
barter with the New England men for the produce of
the plantations.' *
The possession of Placentia and the adjacent coast,
resulting from the Treaty of Utrecht, introduced new
difficulties into the management of affairs. By the
terms of the treaty that part of the island was ceded
to the king of Great Britain in full sovereignty, the
* Reeves.
58 HISTORY OF NEWFOUNDLAND.
French retaining only a license to go and come during
the fishing season. Both the government at home and
the parties interested in the trade, promised themselves
great advantages from this acquisition. The former
appointed a lieutenant-governor of Placentia, who was
commissioned to survey the harbours and bays of the
island : the latter presented solicitations to the Board
of Trade, that the French might be strictly watched
and kept to their limits. Soon, however, the ceded
possession gave occasion for a question whether the
statute of King William was applicable to the new
territories, seeing that at the time of its enactment
they were under the actual government of the French.
The question had become a practical one ; for some of
the French planters, on leaving the place, had dis
posed of their plantations for money — and thus had
seemed to give a right and property, not recognised
.by the general usage of the island as confirmed by
that statute. Their Lordships of the Board of Trade
decided that the law of William III. extended to the
ceded lands, and that all the beaches and plantations
there ought to be kept for the public use, and be dis
posed of as directed by that Act. This question
afterwards came up again, and was still further com
plicated by a special agreement made by Queen Anne
with the King of France. In consideration of the
latter releasing a number of Protestant slaves from
the galleys, Queen Anne permitted the French in
habitants of Placentia who were not willing to be
come her subjects to sell their houses and lands there.
Was this promise valid, so as to dispose of lands
ANARCHY IN THE WINTER. 59
which came to the Crown by treaty? The opinion of
the law officer was against its validity — but suggest
ing such an arrangement as might enable the Queen
substantially to fulfill her engagement without in
fringing on the law. Still the matter was left in a
very unsettled and unsatisfactory state, and for
years was the source of much discontent.
The difficulties and abuses referred to in the pre
ceding paragraphs concerned chiefly the prosecution
of the fishery, and the people of the country during
the season when that employment was in active ope
ration. But every year there was a long period when
this was not going on ; when the admirals had left the
stations — when the mercantile adventurers had re
turned homewards — when there was scarcely a ship
to be seen in the harbours — when through dark
dreary months the inhabitants were shut up, often
within an ice-bound coast, and when all law and
authority having ceased to exist, they were left to the
unrestrained caprices and passions which are so rife
for evil in the human heart, especially when associated
with that ignorance which is the parent equally of
abject superstition and lawless crime. When it is
considered that, according to the testimony of a
credible witness, the island had become at this time
a sanctuary and refuge for them that broke in England
— it may be readily imagined that during these
wintry unoccupied intervals, disorder and wrong must
have prevailed to a frightful degree. Indeed, this is
the general purport of the evidence given of the
period. Even the merchants in the west of England,
60 HISTORY OF NEWFOUNDLAND.
on being invited by the Board of Trade to communi
cate their thoughts as to what might be done for the
furtherance of the fishery, recommended that the
Commodore should have power to appoint judges and
justices of the peace, to decide disputes between the
inhabitants, and distribute justice among them during
the winter season. This they thought would alleviate
the misery of these unhappy people, which was great
enough without additional evils from the anarchy in
which they lived.* These same advisers, however,
could not refrain from indicating their concurrence in
the prevailing idea of the class to which they belonged
— that the quiet and harmony of the country would
best be secured by there being no resident people in
it, for they modestly suggest — ' these poor people
(about three thousand men, besides their wives and
children), should rather be encouraged to settle in
Nova Scotia — as they might be of service there,
where inhabitants were wanted.'
Amidst all the irregularities noticed above, the
incompetency of the persons to whom authority was
intrusted, the frequent partiality and injustice of
their administration, and the periodic intervals in
which the laws were entirely in abeyance, there was
a growing desire, increasing in the intenseness of its
expression, for a more comprehensive, capable, and
permanent form of government. For, strange to say,
during these years of misrule, the population went
on extending. Even during the troublous times of
* Reeves.
AN . EXTEMPORISED COURT. 61
the war with the French, when the settlements were
constantly either harassed by the apprehension of
invasion, or actually suffering from that calamity —
the tendency was rather to augmentation than dimi
nution. And when that struggle came to an end,
bringing results so favourable, and opening out such
fair prospects to British interests in the island and
its trade, the numbers induced to settle on its shores
rapidly enlarged. From this fact the business which
devolved on the admiral skippers became more com
plicated and onerous, and the insufficiency of their
functions and capacities became annually more mani
fest. The most intelligent and faithful expounders
of the evils and needs of the country were the com
modores and commanders of the royal ships. These,
with a few exceptions, seem to have had a clear
discernment of the system, or rather, no-system of
disorder and injustice which made this dependency
to exhibit a blemish on the character of the British
dominion, and they gave earnest expression to their
convictions on the subject, sustaining their views by
elaborate proofs to the authorities at home.
Nor were local efforts wanting to ameliorate the
evil. Chief Justice Reeves states : — 'In the year
1711 I find what is called a record of several laws
and orders made in St. John's for the better discipline
and good order of the people, and for correcting irre
gularities committed contrary to good laws, and Acts of
Parliaments, all which were debated at several courts
held, wherein were present the commanders of merchant
ships, merchants, and chief inhabitants ; and witnesses
62 HISTORY OF NEWFOUNDLAND.
being examined, it was brought to the following conclu
sion, between the 2Brd day of August and 23rd day of
October, 1711.' The Judge goes on to say concern
ing this extemporised court : ' Then follow fifteen
articles of regulation that must have been very use
ful ; and it is worth considering whether such local
legislature, which the people seem in this instance to
have erected for themselves, might not be legally
lodged somewhere for making bye-laws and regula
tions as occasion should require. The commander,
Captain Crowe, presided at this voluntary assembly.
His successor, it seems, followed his example, and
held a meeting of the same sort. These assemblies
were somewhat anomalous, a kind of legislative,
judicial, and executive, all blended together; and
yet, perhaps, not more mixed than the proceedings of
Parliament in Europe, in very early times.'
Concerning the assembly thus described, it should
be observed, that the date assigned to it is within
the period when St. John's, and indeed, nearly the
whole of the island, was in temporary possession by
the French, which, while it accounts for the necessity
for local action among the English residents and
traders, also shows that the reins of subjection lay
very Hghtly on the conquered people, leaving them
free to pursue their accustomed avocations, and to
make the best provision they could for the manage
ment of their social affairs.
After the Peace, which gave a great revival to the
trade, and enhanced the prospective value both of
the fisheries and of the island, the Board of Trade
SUGGESTIONS FOR THE REMEDY OF GRIEVANCES. 63
sought more earnestly to obtain from its agents and
from other sources information respecting the con
dition and the legislative wants of the colony. The
substance of the reports from the former has been
partially given in the foregoing narrative, and served
to establish the necessity for the inauguration of some
new system for the government of this possession of
the Crown. Indeed, the existing state of things was
such, that even those abettors of conservatism, the
merchants in the West of England, cried out for an
alteration. The subjects of their remonstrances, how
ever, were not exactly those which have been reca
pitulated. They complained of the quantities of
liquor and tobacco sold by the New England men, to
the disadvantage of their own more legitimate traffic ;
— of the encroachments by the inhabitants on the
harbours to the detriment of the fishing ships' rooms ;
— of the difficulties interposed to the prosecution of
the fishery in what were called the French Ports ; of
military men engaging in the fishery, and of the
commodores intermeddling with, and sometimes over
ruling, the decisions of the fishing admiral. As modes
of redress for the evils and grievances set forth by
them, their propositions were few and simple ; — that
none should be allowed to retail liquors but to their
own servants ; that the fishermen should be obliged to
continue the work of fishing to a later day than had
been hitherto practised ; that the fishing admirals
should have power to inflict corporal punishment
on all persons profaning the Lord's-day, and all com
mon drunkards, swearers, and lewd persons; that a
64 HISTORY OF JSIEWFOUJSlJliAJMD.
sufficient number of ministers should be sent to the
principal harbours to instruct the inhabitants, and
that they might be paid from England, the country
being very poor.
In 1728 the station of Newfoundland was under
the charge of a commodore, both disposed and quali
fied to enter thoroughly into the wants of the country,
and to make adequate and effectual representations
concerning them to the Government at home. This
was Lord Vere Beauclerk, whose appeals led to such
enquiries and discussions by the Board of Trade, as
resulted in the decision that a governor should be
sent out, commissioned to appoint justices of the
peace, and to establish some form of civil government
among the people who had settled in the island. At
first, the new and honourable office appears to have
been designed for Lord Vere Beauclerk himself ; but
as this would have necessitated his lordship's vacating
his seat in Parliament, it was concluded that a com
mission, with proper instructions, given to some one
accompanying him, would serve all purposes. Even
tually, Captain Henry Osborne, commander of His
Majesty's ship the ' Squirrel,' received the appoint
ment. ' The commission ' given to him begins by revoking
so much of the commission to the Governor of Nova
Scotia, as related to the government of Placentia, or
any other forts in Newfoundland: and then goes on
to appoint ' Henry Osborne governor and commander-
in-chief, in and over our said island of Newfoundland,
our fort and garrison at Placentia, and all other forts
INTERNAL REGULATIONS. 65
and garrisons erected and to be erected in that
island.' It gives him authority to admmister the oaths
to Government, and to appoint justices of the peace,
with other necessary officers and ministers for the
better administration of justice, and keeping the
peace and quiet of the island. But neither he nor
the justices were to do anything contrary to the
stat. 10 & 11 Will. III., nor obstruct the powers
thereby given to the admirals of harbours, or captains
of the ships of war. The justices were required to
be aiding and assisting to the commodore, or com
manders of the ships of war and the fishing admirals,
in putting in execution the said statute. The gover
nor was to erect a courthouse and prison ; all officers,
civil and military, were to be aiding and assisting
him in executing this commission. In case of his
death, the government was to devolve on the first
lieutenant of the ' Oxford,' the ship commanded by
Lord Vere Beauclerk.* * Reeves.
66
HJ.i3J.UiiX UJ3 ±MiWJ!UUJNUJjAJMJ.
CHAPTER IV.
1728-1763.
The appointment of Captain Osborne as Governor of
Newfoundland, with power to create justices of the
peace, and to make other regulations for the govern
ment of the country, brought into discussion a nice
point belonging to the British Constitution. His
authority was derived simply from an order of the
King's Privy Council. Now it happened that there
was a code of rules already in force for the manage
ment of the fisheries, and providing certain function
aries for the carrying out of its enactments. These
rules were contained in the statute of William III.,
a statute which had received the sanction of the
Parliament. And the question arose whether the new
order issuing only from the Privy Council was as valid
and binding as an Act passed with all the legislative
forms which the Constitution prescribes. This was a
question which caused a great deal of angry con
troversy, and placed a host of difficulties in the way
of the Governor and his successors. For the
merchants interested in the fishery were more attached
to the old law of William III. than to the new set of
directions, which seemed in a measure to recognise
FINANCIAL SCHEMES. 67
the country and the people of Newfoundland as a
veritable portion of the dominions of the British
Crown. Captain Osborne on his arrival applied himself
earnestly to execute the provisions of the commission
which he had received. His first care was to divide
the island into convenient districts, over each of which
he appointed from the inhabitants of best character
and standing such a number of justices of the peace
and constables as were necessary. He also took steps
for the erection of a prison and courthouse at St.
John's, and a second prison at Ferryland. For the
summary punishment of minor offences he caused
several pairs of stocks to be set up. In reference to
these measures he expressed the hope that they would
be sufficient to remedy the great disorders which had
so long prevailed. To meet the expense of provid
ing the prisons, &c, he levied a rate of not greater
than half a quintal of merchantable fish per boat,
and half a quintal for every boat's room, including the
ships' rooms of ships fishing on the banks that had no
boats, with the like proportionate rate upon such
persons in trade as were not concerned in the fishery;
— this rate was for one season only.
This financial arrangement, with its provision for
taxation, furnished a weapon of accusation which was
quickly laid hold of by those who were opposed to the
new regime. They appealed to the statute of William
III., which declared the fishery to be free, and there
fore not liable to any duties. The functions of the
justices of the peace, too, soon came into collision
j?2
68 HISTORY OF NEWFOUNDLAND.
with those of the fishing admirals, which were affirmed
to be not only of prior authority, but established
originally with a weightier sanction. The Governor
received memorials from the justices complaining
that they were obstructed in their duty by the fishing
admirals. ' The admirals,' they said, ' told them they
were only winter justices, and seemed to doubt the
Governor's authority for appointing them — alleging
that the authority of the admirals was by Act of
Parliament, the governors only from the Privy
Council.' So widely did this dispute grow, and so
loud was the clamour on one side and the other, that
a case was laid before the law officers of the Crown, for
their opinion, first, as to whether the levying of a rate
on the fishing boats and rooms was legal, and second,
as to whether the justices of the peace had really any
authority. On the first of these points, the Attorney-
general gave it as his opinion that it was not legal to
lay a tax upon fish caught, or upon fishing boats, but,
as to provide a prison was a necessity, and therefore,
a legal requirement on the people, the case might be
met by laying a tax on the inhabitants, and not on
the fish or fishing boats. On the second point, his
opinion was, that the powers of the fishing admirals,
as conferred by the statute of King William, were
restricted to seeing the rules and orders of that Act
strictly executed; and that the authority of the
justices was good, as extending only to breaches of
the peace ; therefore the powers granted to the justices
were not inconsistent with any of the provisions of
that Act (stat. 10 & 11 Will. Ill) ; and that there was
DIFFICULTIES IN CRIMINAL LAW. 69
no interfering between the powers given by the Act
to the admirals, and those by the commission to the
justices. This legal opinion did not put an end to the dis
putes which had arisen between the rival functionaries
and the parties supporting them. The contest was
carried on for several years, representations and
counter-representations being made on each side, nor
was it permitted to cease until the adherents of the
old system discovered that the Home authorities were
determined not to withdraw the small measure of
civil government which they had granted to the
colony. Yet the insufficiency of this grant gradually be
came more manifest, necessitating the extension of
the powers and institutions of a local government.
It had been provided that all persons chargeable
with capital felonies should be sent over to Eng
land for trial. ' In such cases,' says Reeves, ' the
witnesses were glad to keep out of the way : the felon
was sent to England without any person to prove his
guilt; a great expense was incurred; justice was dis
appointed; or if the fact were proved, the poor wit
nesses were left to get back as they could, with the
expense of the voyage and residence, and a certain loss
of one season's fishery.' To remedy this failure in
the administration of criminal law, the Board of
Trade proposed in 1737 that there should be in
serted in the Governor's commission a clause author
ising him to appoint Commissioners of Oyer and
Terminer, before which felons might be tried within
70 HISTORY OF NEWFOUNDLAND.
the limits of the island. Many objections, however,
appearing against such a change, it was not until 1750
that this fresh and important addition was conveyed
in the commission issued to the Governor. Captain
Francis William Drake was the first person invested
with the additional authority, the restrictions attached
to its exercise being, that he had no power for try
ing or pardoning treason; that no sentence (capital?)
should be carried out until it had been reported to
the king, and that the Court of Oyer et Terminer was
only to sit when the Governor was actually within the
limits of his government, or, in other words, not in
winter; for the Governor was migratory, like the
fishing ships, spending the summer season on the
coast of Newfoundland, and the rest of the year
taking his ease at home.
Previous to the institution of the Court above-men
tioned, another tribunal had been established in the
capital, the necessity for which arose out of the war
between Great Britain and Spain. The squadron of
the former power, under the command of Governor
Byng, had not only effectually protected the coasts of
Newfoundland, but had also been very successful in
the capture of Spanish vessels in the neighbouring
seas. So great was the number of these prizes, and
such the expense of sending them home to be adjudi
cated on, that it was deemed advisable to set up a
Court of Admiralty in St. John's. The first judge in
this Court was William Keen, Esq., who, in addition
to the duties thus imposed, was likewise appointed
naval officer to collect annually the fishing returns
REVIVAL OF LORD BALTIMORE'S CLAIM. 71
from the different fishing admirals, and to examine
all ships' papers and manifests.
After these important changes, things appear to
have gone on very quietly in the colony for some
years, nothing of any special legal bearing attracting
attention, with one exception. In the year 1754
Lord Baltimore revived his claim to the Province of
Avalon, together with all the royal jurisdictions and
prerogatives thereto belonging, and prayed that His
Majesty would approve John Bradstreet, Esq., as
governor thereof. This demand was submitted to
the Attorney and Solicitor-General, who gave it as
their opinion that, as notwithstanding a determina
tion in 1660, in favour of the original grant made in
1623, there had been no actual possession of the pro
vince, or exercise of any powers of government by
the Baltimore family, and as there had been many
proceedings inconsistent with the right set up un
challenged by the party urging the right, therefore
His Majesty should not comply with the petition.
So the matter was settled, and there has been little
since heard of the Province of Avalon.
During the period in which Newfoundland was
making approaches towards the exercise of a local
civil government, the troublesome inauguration of
which has been noticed in the foregoing paragraphs,
the mother-country was engaged in a series of
chequered and gigantic wars — wars with France and
with Spain — wars, whose battle-fields were found in
Europe, and some of whose most momentous and
fruitful struggles took place on the soil and waters of
72 HISTORY OF NEWFOUNDLAND.
America. For many years the councils of England
had been feebly directed, leading to a lavish expendi
ture of men and money, the effects of which, though
often glorious, did not always compensate for the price
paid. But in 1757, by the elevation of Pitt to the
chief post in the State, the nation obtained a pilot
who, through a stormy period, conducted her opera
tions with unexampled boldness and success, and gave
her possession of one of the most splendid prizes that
ever fell into the lap of victory. The Great Com
moner, as he was called, joined his countiy in a cordial
league with Frederick of Prussia, and thus contri
buted to the triumphs of that monarch at Rosbach
and at Luthen. He also laboured to inflict a direct
humiliation on France by sending an expedition
against Rochefort, the non-success of which is charge
able neither to the plan nor to the means provided
by the minister for its execution. But the ablest
blow which he aimed and carried against the same
power, was on its dependencies in North America.
With a view to this stroke, his sagacious eye had
fixed on a fitting instrument in the young Colonel
Wolfe, who had distinguished himself in the attack
on Rochefort, and still more by his bold proposal
there, which, if followed, might have ensured the suc
cess of the expedition.
In 1758 an enterprise was prepared and sent out
against Cape Breton, in which Wolfe, with the rank of
brigadier-general, was despatched as secondin command
under General Amherst. This armament, consisting of
150 sail and 12,000 men, came to anchor within a few
THE VICTORIES OF WOLFE. 73
miles of Louisberg, the capital of Cape Breton. The
attack on this fortress, chiefly under the orders of
Wolfe, was completely successful, and its conquest
was followed by the submission of the whole island.
The year 1759 was destined to witness a still
more important and eventful enterprise. This was the
conquest of Canada, the principal French dominion in
the New World. The outworks of that dominion had
already fallen, and the time had come for the attempt
to take possession of the main stronghold. The com
mand in this expedition was intrusted to Wolfe, who,
though he had returned home sick, after the victory
at Louisberg, had eagerly sought re-appointment
to active service. This is not the place to enter into
the details of his glorious campaign. It is sufficient
to register the fact, that by a combination of patience
and bravery, boldness of invention, and skill in exe
cution, and by heroic efforts in the final struggle,
Quebec fell, and with it the most magnificent colony
of France passed from its hands into the possession of
England, a triumph and a gain, however, the joy of
which was damped by the melancholy fact that the
young conqueror had perished on the field of his
genius and his fame. By this acquisition nearly the
whole of North America inhabited by Europeans had
come under the sway of the Sovereign of Great
Britain, a marvellous increase of territory since Cabot,
in the name of Henry VII., had taken possession of
the new-found-land.
In 1762, though Pitt had resigned the seals of
office, his successor, Lord Bute, notwithstanding his
74 HISTORY OF NEWFOUNDLAND.
pacific predilections, was compelled to lead his adminis
tration and the country once more in a war against
the united powers of France and Spain, to the great
humiliation and losses of those powers, especially of
the latter. Portugal was successfully defended against
Spanish invasion. Martinique, Havanna, and the
Philippine Islands were conquered by the British, and
immense spoils of treasure and merchandise were
divided among the victors. At the close of the war,
' to counterbalance these great advantages on the part
of England, the French could only point to their
descent at St. John's in Newfoundland, from which,
moreover, they were expelled in the course of the
same summer.' * So writes Lord Mahon, thus sum
marily mentioning a transaction which should have
a more particular notice in this work.
The harbour of St. John's forms a deep inlet on
the extreme eastern coast of Newfoundland, and is
completely protected against the gales from the sea.
Its entrance is a contracted passage running between
two lofty mountain ranges ; — the nearest point on the
right, called Signal Hill, towers almost perpendicularly
520 feet above the water, the range on the left (south),
with scarcely less abruptness, attains to a still greater
elevation. The latter range forms an almost in
accessible border to the south side of the harbour, a
sheet of water which, after the passage of the Narrows,
trends in a westerly direction, at an angle so acute as,
* Lord Mahon, History of England from the Peace of Utrecht
to the Peace of Versailles, third edition, vol. iv. page 268.
TOPOGRAPHICAL SKETCH OF ST. JOHN'S. 75
in a short distance up, to cut off completely the view
of the sea.
The city lies on a somewhat elevated slope to the
northward, rising from the water's edge. About a
mile from the entrance to St. John's is a little fishing
harbour called Quidi Vidi, in some sort a miniature of
that of the capital, having also its narrows, accessible
to nothing larger than a fishing boat. Still further to
the northward, six miles from Quidi Vidi, is Torbay,
a spacious and beautiful sheet of water, about two
leagues in width, and containing three convenient
fishing coves. To the southward again of St. John's,
at a distance of six or seven leagues, there is a con
siderable harbour named the Bay of Bulls, which has
often formed a grateful refuge to vessels from the
wintry storms.
This brief topographical sketch may help the reader
to form some idea of the way by which the French
gained possession of the capital, and of the manner in
which they were afterwards expelled.
In May 1762, a French squadron under the com
mand of M. de Ternay sailed from Brest under cover
of a fog, which concealed it from the English cruisers.
This was at the time when a large British fleet was
busily employed in making notable conquests in the
West Indies.
On June 24 the French expedition suddenly
entered the Bay of Bulls, and there landed a force
which, after a toilsome march of nearly twenty miles,
startled the inhabitants and the feeble garrison of St.
John's. The place was speedily taken, and the
76 HISTORY OF NEWFOUNDLAND.
captors resorted to all available means to secure their
possession, by strengthening the fortifications of the
city and the port, and by rendering inaccessible the
gut of Quidi Vidi.
While this easy conquest was being made, the
English Governor, Captain Graves, was pursuing his
outward voyage across the Atlantic, towards his seat
of government. On approaching the grand bank, he
was met by a sloop bearing him information of the
invasion by the enemy. Immediately on receiving
these tidings, he intrusted the master of the sloop
with despatches to be conveyed to Halifax, while he
himself hastened to Placentia, and as quickly as
possible put the ports there in a state of defence.
Meanwhile a small British garrison in charge of the
Island of Bois (Isle du Bois) off the harbour of
Ferryland, was repairing the fortifications, and afford
ing protection to a number of the inhabitants of the
country, who had taken refuge at the station. Lord
Colville, the admiral commanding at Halifax, as soon
as he received the despatches of Governor Graves,
sailed with a fleet to Newfoundland, and having
reconnoitred the Bay of Bulls, invested the ¦ Port of
St. John's, within which the enemy was lodged.
In a short time he was joined there by Colonel
Amherst, who brought with him eight hundred men,
in which were some provincial light infantry ; but the
greater part were Highlanders.
These troops were at once conveyed to Torbay, and
there landed, though not without opposition. From
the point of debarkation they had to march seven
EVACUATION OF ST. JOHN'S BY THE FRENCH. 77
miles before they could arrive at the decisive point of
the struggle, St. John's. The route which the soldiers
had to traverse was one of a most rugged and moun
tainous character, and as they advanced, increasing
efforts were required from them to clear the way of the
pertinacious enemy. At length, however, they had
won possession of Signal Hill, overlooking the Narrows
from the north. The French were shut up within
the city and the harbour, their passage out being
commanded by those who held the Hill, while a
hostile fleet awaited them in the roadstead. But at
this moment, when all seemed hopeless for the entrapped
squadron, fortune interposed to favour its escape. A
violent storm arose, obliging Lord Colville and the
English fleet to draw off from the coast, at the same
time a thick fog settled on the harbour, under the
friendly screen of which the French ships glided
down the Narrows, and escaped to sea, their flight
not being known to the English fleet until they were
beyond the reach of pursuit. The French garrison, thus
deserted by its naval support, after sustaining and
returning a brisk fire for three days, capitulated on
the condition that it should be conveyed by the first
opportunity to Brest, a condition which the Admiral,
Lord Colville, almost immediately fulfilled.
The conduct of this expedition, which had been
attended by such rapid and complete success, and this,
too, with means hastily collected and of small extent,
excited a good deal of interest at the time, and re
ceived the applause of the jrablic in England. The
affair was deemed not unworthy of the self-gratulations
78 HISTORY OF NEWFOUNDLAND.
of a people called to celebrate other triumphs which
have left a more prominent mark on the page of history.
One reason why this recovery of Newfoundland was
regarded as a fit theme for national exultation was,
that it flung back into the teeth of the French the
only boast which they had been able to make in
the course of the war proceedings of the year. And
as contributing to this event, the conduct of the
inhabitants should not be overlooked. From all
accounts they preserved their loyalty during the
occupation by the enemy, though many of them were
great sufferers from it. Some were driven from their
homes, and had to seek elsewhere for food and shelter.
A considerable number of them took refuge in Ferry
land, at which place honourable mention is made of
the patriotic activity of one of the oldest and most
influential residents, Mr. Robert Carter, who found
means to procure a sufficient supply of provision to
support during three months these destitute people
in the Isle of Boys, as well as the feeble garrison of
the Fort. At Carbonier likewise Justice Garland
organised a detachment of the settlers, sufficient for a
battery which he had caused to be erected in a small
island off the Harbour. And afterwards, when the
French had destroyed this extemporised defence, he
employed himself successfully in collecting a number
of recruits for the English squadron, bound to serve
until the enemy was expelled.
At the close of this year, 1762, negotiations were
earnestly entered into by the different powers engaged
in the war for the establishment of peace : and in the
THE TREATY OF PARIS. 79
following February a Definitive Treaty to this end
was concluded at Paris. In this engagement, France
renounced all pretensions to Nova Scotia, Canada,
Cape Breton, and all the other islands in the Gulf and
River of St. Lawrence. The article of the Treaty of
Utrecht relating to the French privileges in the New
foundland fishery was renewed and confirmed. The
islands St. Pierre and Miquelon were ceded to France
in full right, as a shelter to her fishermen, with the
condition attached, that she was not to fortify the
said islands, nor erect any buildings on them but
such as were necessary for the convenience of the
fishery, and that she was allowed to keep on them a
guard of only fifty men for the purposes of a police.
Spain, the other late belligerent power, was declared
to have no part in the fishery whatever.
Many judged, at the time when this treaty was
signed — and the complaint has often been repeated
since — that Great Britain, in an excess of magnanimity
towards the principal enemy whom she had humbled
in the recent war, again lost a good honest opportunity
for removing the French altogether from these
fisheries, which, if it had been taken advantage of,
would, on the one hand, have put away a great
occasion for future disputes, and on the other, have
weakened the aggressive force of that power with
which she has ever been most in danger of rivalry and
strife. This was not only the opinion of ignorance"
and a narrow-minded selfishness, but a conclusion
enforced by the conviction and the eloquence of the
most far-seeing and patriotic British statesmen of that
80 HISTORY OF NEWFOUNDLAND.
age. When the preliminaries of the Peace of Paris
were brought before Parliament, Pitt spoke earnestly
against some of the terms of the Treaty. Suffering
at the time from a severe attack of his old malady, the
gout, which obliged him to address the House from
his seat, he poured forth one of his masterpieces of
oratory for the space of three hours and a half, in
which, referring to his own conduct in relation to the
fisheries of Newfoundland, he said — ' I contended
several times in vain for the whole exclusive fishery,
but I was overruled, I repeat I was overruled, not by
the foreign enemy, but by another enemy.'
With the year 1749 commences a series of volumes
still extant in their complete state, entitled, ' The Re
cords of Newfoundland.' These have been kindly
placed at the disposal of the author by Sir Alexander
Bannerman, the present Governor. They contain a
minute account kept by successive governors of their
proceedings while administering the affairs of the
colony. These memoranda are very voluminous, the
greater part referring to transactions and provisions
so identical in their character, that, compared with
the space they fill, little can be extracted from them
as contributing to the general history of the island.
But there is much that is very curious and interesting,
from the facts narrated or suggested, illustrating the
condition of the country ; the material and moral state
of the people ; the difficulties arising in the applica
tion of the limited measure of legislation which had
been introduced, and especially the kind of work im
posed on successive representatives of the Sovereign in
RODNEYS ADMINISTRATION. 81
reference to matters civil and military, legal and social,
on which, according to the best light available, they
had to act or decide. On the whole, these volumes
form a mine of valuable information. It is a mine,
too, which hitherto has not been explored to procure
materials for a history of the island, and, on this
account, it will be largely drawn upon for the further
prosecution of this work.
The first name which appears in these records, as
bearing the commission of governor, is that of George
Bridges Rodney, a man who, at a later period, played
a distinguished part in the naval service of his
country, for which he was ennobled by his Sovereign,
and who is still associated with cherished traditions in
the British fleet. During his government of New
foundland he displayed the simplicity and earnestness
characteristic of his profession, and this often com
bined with a penetrating capacity which is sometimes
wanting in those who have had a more exclusive
training in the routine of governmental official life.
The followina; extract from a letter which has been
preserved, will at once illustrate these points in his
character, and at the same time afford a glimpse of
the selfishness of the parties to whose conduct he
refers, and who, it should be remembered, had been
accustomed to have their own way in the colony.
The fishery not having been a very successful one,
certain merchants at Harbour Grace had applied to
the resident magistrate to be allowed to reduce the
amount of wages which they were under agreement
to give to the servants hired for the voyage. This
G
82 HISTORY OF NEWFOUNDLAND.
request was transmitted by the magistrate to Captain
Rodney, and here is his reply : —
Sir, — I was favoured with both your letters since my
arrival in the country, and am very sorry to find the season
proves so bad for the merchants, boatkeepers, servants and
others ; and in regard to what you have laid before me, con
cerning the merchants' request, that the servants may bear
an equal proportion with them in their losses, I can by no
means approve of it, as both equity and law declare the
labourer to be worthy of his hire.
Mr. Drake- and myself would be glad to ease the mer
chants in all that lay in our power, but we are by no means
capable of committing so flagrant a piece of injustice as
desired, to serve any people whatever. I have only one
question to ask, namely, had the season been good in pro
portion as it has proved bad, would the merchants or boat-
keepers have raised the men's wages?
I am, Sir,
Your most obedient humble servant,
G. B. R.
To George Garland, Esq.
One of the most prominent facts impressed on the
mind in examining the Records — a fact which often
makes these volumes a weariness to read — is the mul
tiplicity, embracing every variety, of affairs which
devolved personally on the governor. As representa
tive of the Crown, he had to receive and transmit com
munications between the Privy Council and himself.
As commander-in-chief of the forces, and commodore
of the station — the two responsibilities being generally
combined — he had to receive reports from the several
garrisons, to examine their accounts, to issue orders
for their regulation and for things needful to them,
even to the supply of fire and candle, to direct the
JURISDICTION OF THE GOVERNOR. 83
movements of the cruising ships, and to take measures
against the very prevalent evil of desertion. As chief
administrator of the laws, he had to impose oaths on
the magistrates, to instruct them, in detail, as to
their functions in continually changing exigencies ; to
summon courts civil and criminal; to preside over
them in St. John's ; to appoint surrogates or deputies
to perform the same duty in other districts ; to re
ceive and examine a minute account of the proceed
ings of the latter; and in all cases to order the
execution of the decrees of the courts. Much of the
business which came before the Governor, and on
which he had finally to decide, was of a most difficult
nature : such as settling rival claims to property,
defining boundaries, redressing encroachments, judg
ing of the validity of wills, scrutinising the accounts
between creditor and debtor, fixing the amount which
the latter had to pay, and the time and manner of
paying it. These and many other demands occupied
every governor during the months of his brief stay at
the island — and this often when his vigilance was
taxed to guard the coast against the national foes.
It was not until after Rodney's administration, that
a regular assize for the trial of criminals, technically
called Oyer and Terminer, was instituted. During
his time, and previously, the Governor himself had to
receive the complaints of wrongs done, and take steps
for their redress, and the punishment of offenders.
On September 4, 1749, there was held, what is termed
in the index to the record, the Governor's Court, be
fore which there came a case which affords a glimpse
84 HISTORY OF NEWFOUNDLAND.
of the mode of dealing out justice, of the laxity of
magistrates, and of the rude manners of the people,
and which elicited another characteristic letter from
the Governor : — ' The principal inhabitants and others
being assembled, the oaths of allegiance, supremacy,
abjuration, and declaration, were administered to such
of them as were willing to receive the same ; after
which the following petitions and complaints were
presented to the Governor, and read in the presence
of the whole assembly.'
Then follows the petition of Thomas Range, of
Western Bay in Conception Bay, complaining against
one John Pike of many violent abuses committed by
the order, and by the servants of the said John Pike,
&c. Whereupon the petitioner being sworn, the ac
cused was summoned to appear at St. John's 'the 15th
day of this instant September,' and a summons was im
mediately issued to the magistrates of Conception Bay
to secure his attendance. But when the Court met
again, according to adjournment, neither John Pike
nor any implicated with him appeared to answer the
complaint. This led to the issuing of a warrant for
their apprehension, which was accompanied by a very
plain letter from the Governor to the magistrates, in
which occur the following passages : —
' Gentlemen, — I am sorry you have given me occasion to
tax you with a breach of your duty in the execution of
your office. I suppose it must be from your ignorance of
the law ; ' ' however, I hope for the future you will be more
cautious, and take care to see executed all such summonses
as shall be to you directed for apprehending offenders
against the peace of His Majesty's subjects.' ' You likewise
LETTER OF GOVERNOR RODNEY. 85
neglected to acknowledge the receipt of the summons,
. which for the future you are not to do, as you will answer
the contrary at your peril. Your behaviour in this affair
has obliged me to reprimand you in this manner, for remem
ber, gentlemen, I am sent here to administer justice to rich
and poor, without favour or partiality. You, likewise, by
the oath which you have taken as justices of the peace, are
obliged to the same, in the neglect of which you will not
only forswear yourselves, but be liable to be severely
punished according to law, and you may depend upon it, I
am not to be trifled with in the execution of my office.
Thus much I hope will suffice to remind you of your duty,
and make you more diligent in the execution thereof for the
future. You will herewith receive a warrant for apprehend
ing these persons who have neglected to appear at St. John's
agreeable to my summons. The officer commanding His
Majesty's troops in garrison at Carbonier has my orders to be
aiding and assisting you in putting the said warrant in exe
cution, in case you shall stand in need of and demand his
assistance. I am, gentlemen,
Your very humble servant,
G. B. R.'
In consequence of this sharp order, John Pike was
forthcoming, and his case was referred to the ses
sions held by the Governor and the justices on Sep
tember 25, when it appeared that he was accused of
several offences. 1. That he had carried David
Careen and Michael Mooren on board a ship, and
had there whipped them without any legal authority
whatever. Sentenced to pay 201. in the one case,
and 151. in the other, with costs of suit, the fines to
go to the persons bringing the complaint. 2. That
he had beaten Grace Davis and Mary Prosser in a
cruel and barbarous manner. This case, at the desire
86 HISTORY OF NEWFOUNDLAND.
of the complainants, to be adjusted by arbitration. 3.
That he had beaten, abused, and run a cutlass through
the foot of Jeremiah M'Donald, and then put him on
board a ship, and sent him to Spain without his
consent. This charge not proved. 4. That he had
carried away from Amos Vincent all his green and
dry fish, together with a seine, under pretence of a
debt due, without any legal authority. Adjudged to
pay 100Z. in bills of exchange to the said Amos
Vincent. The defendant being evidently a man of
substance, seems to have been a tempting target for
accusations, as three other charges were preferred
against him, but were dismissed with the, to him,
comfortable judgment, not proved.
A curious example of Justices' justice, and of the
difficulties interposed to the execution of its decisions,
is furnished in the following case : John Vincent
came before William Keen, Esq. jun., magistrate
of Bona Vista, and charged Joseph Batt with coming
to him, and while he, Vincent, was giving to the
defendant twenty-four pipes which he had promised
him, the latter abstracted from the room a pair of
shoes and buckles which had never been worn, and
which cost seven shillings and sixpence sterling.
The first evidence given in the case was in the
form of two depositions, the deponents solemnly
affirming their belief that the above John Vincent
was not so drunk on the day of the alleged robbery
as to be incapable of recollecting what took place.
Then the testimony of the complainant was received,
which was considered to establish the charge, and the
RESISTANCE TO AUTHORITY. 87
defendant was sentenced to receive fifteen stripes on
the bare back by the hands of the beadle at the
public whipping-post.
Mr. Keen, however, received a hint that a mob
would collect for the purpose of preventing the law
being carried into effect, so he determined to go him
self and see the sentence executed. ' At length '
(this is from his own statement), ' having got Joseph
Batt to the whipping-post, before he could be tied
he slipped on one side, and was seized by several
who swore that he should not be whipped.' Still the
magistrate persevered, and with great personal exer
tion recovered the prisoner and had the judgment
executed; after which one of the crowd came up to
the whipping-post, and spoke to the mob in the follow
ing manner : — ' Now, gentlemen, if you would be all
of my mind, we will take that fellow (pointing to the
plaintiff), and tie him to the post, and serve him in the
same way.' ' Upon which,' says the magistrate,
' several agreed to it, and had I not interposed, they
had certainly done so : but when they found I would
not suffer it, they began to beat the said Vincent,
sq that with difficulty I got him out of their hands ;
and it is my opinion, that had the man been left
to their mercy, he would have been in danger of
his life.'
The affair did not end here, but in a few days
afterwards, Mr. Keen makes a declaration, that the
leaders in the same crowd collected a large number of
followers, and assembled together on ' the hill by the
whipping-post, where they had a quantity of flip, and
88 HISTORY OF NEWFOUNDLAND.
behaved in a very unlawful manner, and pulled out of
the whipping-post the irons which confine the hands
of persons there punished.'
Even this bold act of defiance to the symbols of
authority did not satisfy the indignant partisans of
John Batt ; for there follow three depositions to the
effect that the same parties ' went to the plantation of
the magistrate, William Keen, Esq., jun., in a riotous
manner, and with hatchets, and did there and then
cut down a broad flake, being six beams in breadth,
belonging to the said William Keen.' With these
depositions, this case of flagrant injury and eontempt
towards the law and its officers disappears from the
record. In 1754, Captain Bonfoy being then governor,
there is an account of a trial for murder, the
conclusion of which shows that it was not sufficient
for a man to be pronounced ' not guilty,' to exempt
him from penalties for the trouble he had caused the
court. In this case, the verdict of the jury is a
curiosity in its way : — ' We, the jury sworn, cannot
make it appear that the prisoner is guilty of the
murder. Acquitted, for by reason that no man ever
saw him lift hand against him. So we all give our
opinion for the man to be not guilty of the fact. Given
under our hands in one consent.' ' Whereupon, the
prisoner under care of the sheriff being ordered into
court, and the persons attending the court being come
in, the prisoner, Martin Doyle, was called upon to
hearken to the sentence of the court ; which sentence
was then pronounced : — That as the jury have acquitted
THE MURDER OF MR. KEEN. 89
you of the indictment, you are therefore set at liberty
on paying the charges of the court.' If the man
knew himself to be innocent, it must have seemed
rather a hard case that he should have to pay for the
process arising out of a false accusation, by which
process he had run the unpleasant risk of being
hanged. At the same time, and before the same court, a
judicial enquiry was made into the circumstances of a
more fearful and less doubtful case of murder. In
this instance the victim is described as William
Keen, Esq., apparently the father of the magistrate.
No less than nine persons, one of them a woman, were
charged with being implicated in the murder. The
evidence proved that all these had conspired to rob
the house of Keen, the woman being the principal
instigator, as professing to know where his money was.
Once before the day of the crime the accused had
met, with the intention of committing it (swearing
on the Prayer Book to be true to each other), but
difficulties interposing, they separated till a more
favourable opportunity. At length it arrived, and
after again going through the form of swearing, they
proceeded to effect their purpose in the dead of night,
some keeping watch with guns, while others entered
the house; among the latter, the woman dressed in
man's attire. Proceeding through the kitchen, the
burglars entered the old man's bed-room, who, alarmed
by the noise, and by the attempt to cover his face
with the quilt of the bed, struck out with his hands,
thereby extinguishing the candle held by one of the
90 HISTORY OF NEWFOUNDLAND.
assassins. He was then struck twice with a scythe,
followed by a blow from the butt-end of a musket, the
inflictor of the latter stroke saying truly afterwards,
that he had done his business. The evidence was
very clear against the prisoners, who were all found
guilty, and sentenced to be hanged, two of them, one
the woman, to be hung afterwards in chains on a
gibbet in some public place.
There is a slight singularity in the account of this
sad affair. The Records contain the copy of an order
for the erection of a gallows for the execution of
sundry persons in custody for Keen's murder, the date
of which order is one day earlier than that on which
these persons were put on their trial.
The sentence was carried out on four of the con
demned, two being gibbeted. The other five were
respited by the Governor, and subsequently received
the king's pardon; this latter step, however, calling
forth a memorial from the principal inhabitants of St.
John's, praying that the reprieved should be banished
the country, which was complied with by the
Governor. Religious toleration does not seem to have been
one of the public virtues practised in Newfound
land a century ago. The Roman Catholics, forming
a large proportion of the resident population, were
especially interdicted in the exercise of the rites of
their Church — and even subjected to disabilities for
the crime of being Catholics. The Government
officials were required to disavow any participation in
the doctrines of this obnoxious and proscribed sect.
GOVERNOR DORRELL AND THE ROMAN CATHOLICS. 91
Here is a form of repudiation, bearing the signatures
of seven justices of the peace and others : — ' We, the
undernamed justices of the peace, judges, and sheriff,
do declare, that we do believe that there is not any
transubstantiation in the sacrament of the Lord's
Supper, at or after the consecration thereof by any
person whatsoever. '
But though Romanist views were thus abjured by
the authorities, the adherents of the Romish Church
came and multiplied in the island. In the year 1755
Governor Dorrell thus refers to this great evil, as it
was deemed : —
Whereas a great number of Irish Roman Catholics are
annually brought over here, a great part of which have but
small wages, so that after paying their passage to this place
and the charges of clothing, &c, during the fishing season,
their whole wages are spent, and they have not wherewith
either to pay their passages or to purchase provisions for the
winter, by which means they not only become chargeable
to this place, but many robberies and felonies are committed
by them, to the great loss and terror of His Majesty's liege
subjects in this island. This is therefore to give notice to
all masters of ships or vessels that bring such passengers to
this island, that after the fishing season is over, they carry
from hence the whole number and same passengers they
bring here, except such as have my order to remain in the
land ; hereof they are not to fail, as they will prevent being
proceeded against with the greatest severity the law in such
cases will admit. (Signed) R. Dorrell.
Poor, however, as were these followers of a pro
scribed faith, who had intruded themselves into the
country, they were made to pay for their attachment
92 HISTORY OF NEWFOUNDLAND.
to their creed. In-a communication addressed to the
justices by Governor Graves in 1762, this fact is thus
recognised : ' You are likewise to continue in due
force the tax laid on Roman Catholics per late Go
vernor Webb, and to make a return to me of what
money has been collected on that account.'
But the most resolute action of the Government
was directed to prevent the introduction of any. priests
to exercise their functions in the prohibited com
munion. In 1755 Governor Dorrell writes to the
magistrates of Harbour Grace on this subject: —
Whereas I am informed that a Roman Catholic priest is
at this time at 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.
In answer to this appeal, the magistrate repbed: —
As concerning the Roman priest of whom you were in
formed that he read public mass at Harbour Grace, it was
misrepresented, it was at a place called Caplin Cove, some
what below the Harbour ; for if he read it in the Harbour I
should have known it and would have secured him. After
he was informed that I had intelligence of him, immediately
(he) left the place, and yesterday (I) was informed he was
gone to Harbour Main.
The sequel to this affair, as set forth in the Records,
reveals a legalised religious intolerance, which, though
too common in those days, yet is startling when
seen now in the facts by which it was illustrated.
PROCEEDINGS AGAINST ROMAN CATHOLICS. 93
It appears that the priest did perforin service
in Harbour Grace, and in other places besides,
thereby furnishing the materials for certain judicial
proceedings worthy of notice, the tenor of which
will be best seen by a document copied in the
Records. At a court held by the Governor's deputy in
Harbour Main, September 20, 1755, the following order
was issued to the magistrates : —
By Thomas Burnett, Esq., deputy or surrogate,
to Richard Dorrell, Esq., governor, 8fc.
At a court held before me at Harbour Main the 20th of
September, at which you, Charles Garland, was present, at
which time Michael Katem did appear before us, and by
his own confession did admit a Roman priest to celebrate
public mass according to the Church of Rome, in one of his
fish-rooms or store-houses, and he, being present himself,
which is contrary to law, and against our sovereign lord the
king, we think proper to fine him the sum of fifty pounds,
and to demolish the said Jish-room or store-house where mass
ivas said, and I do likewise order the said Michael Katem
to sell all the possessions he has or holds in this harbour,
on or before the 25th day of November ensuing. At the
same day appeared before us Michael Landrican, who was
guilty of the said crimes, for which we think proper to fine
him the sum of twenty pounds, to burn his house and stage
down to the ground, and he to quit the said harbour by the
25th of November ensuing. At the same time appeared
before us, Darby Costley, Robert Finn, Michael Mooring,
and Renold McDonald, all which by their own confession
are Roman Catholics and inhabitants of this place, which is
contrary to law that they should hold any property in this
island. We therefore think proper to fine the said Darby
Costley ten pounds, Robert Finn ten pounds, Michael
94 HISTORY OF NEWFOUNDLAND.
Mooring the sum of eight pounds, and Renold McDonald
the sum of two pounds ten shillings, all the said fines in
sterling money of Great Britain, and all the said persons to
quit the said island by 25th of November ensuing.
T. Burnett.
To Charles Garland, Esq., one of His Majesty's
Justices of the Peace at Harbour Main.
The above were not the only parties who received
this hard measure for indulging their religious
preference. There were no less than sixteen others
in Harbour Main subjected to various penalties for
the same crime. There were others at Harbour
Grace. A large number were in the same case at
Carbonier, and in the adjoining fishing villages. In
every instance where the service had been celebrated,
the order was peremptory for the place in which it
had been held to be burnt down, or otherwise
destroyed, as though it were judged a plague or a curse
might linger within the walls.
It is not pleasant to read the evidence of a per
secuting spirit established by the foregoing facts. It
is especially disagreeable to Protestants to find that
the persecutors were on their side. The facts, however,
cannot be set aside, neither can they be excused : the
only pretence of an apology that can be offered is by
referring the facts to a period when all religious
parties in their day of power were not distinguished
for charity, or even mercy towards those Avho differed
from them, and by remembering that at that time the
English nation had not learned to draw a distinction
between the adherents of the Papacy, and the designs
EXPLANATION OF INTOLERANCE. 95
of what were termed popish recusants, and a popish
pretender. It was not till nearly a quarter of a
century after the tyrannical proceedings noticed as
taking place in Newfoundland that the British House
of Commons repealed laws which made it felony or
treason for a Catholic priest to teach or officiate in
the services of his Church — which gave to the son or
other nearest relative, being a Protestant, power to
take possession of his father's or his kinsman's estate
during the lifetime of the rightful owner, and which
debarred the Catholics from the power of acquiring
legal property by any other means than by descent.
Even this tardy and scant measure of toleration
was followed by a strong no-popery organisation
which, rising in Scotland, spread through the sister
kingdom until it culminated in the Gordon riots
in London. It is a satisfaction to the Englishman
of the present day, that these stains on his country's
rule have passed away with the prejudices and the
plots with which they were associated. And if he is
ashamed at reading some of the records of a not very
distant past, he may also feel indignant wonder that
there are countries in which the same blemishes are
still cherished even now, when the latter half of the
nineteenth century is far on its way.
In reference to the oppressive proceedings against
the Roman Catholics in Harbour Grace and its
neighbourhood, it should be stated that that portion
of the population against which they were directed
appears to have been characterised by a lawless
rebellious spirit towards the institutions and the
96 HISTORY OF NEWFOUNDLAND.
government* under which the people lived ; scarcely
wonderful, indeed, considering how hard the institutions
and the Government bore on them. As evidence of
this spirit, and also as proof of the jealousy of the
authorities in respect to any slight on the established
government, the following order maybe transcribed : —
Whereas it has been represented to me, at a court held at
Harbour Grace, at which you, George and Charles Gar
land, Esqrs., were present, at which time there did appear
by evidence, that George Tobyn, master of the St. Patrick
brig, had threatened the life of Philip Payne, merchant,
and it likewise did appear that he frequently wore Irish
colours, and sometimes hoisted them at the ensign-staff and his
English ensign hoisted on his jack-staff, to bid defiance to the
English and Jersey men of this Harbour, and as it appears
all this was done to stir up a spirit of rebellion amongst the
Roman Catholics of this Harbour, they being far superior in
number to the Protestants, insomuch that it is sometimes a
difficult matter to bury their dead, and have been obliged
to make use of all the force they could assemble, to prevent
their insolence whilst they were burying their dead ; We
think proper, therefore, to fine the said George Tobyn the
sum of ten pounds for his insolent behaviour. I do hereby
require and direct, &c.
T. Burnett.
Of the too prevalent lawlessness and crime existing
* The following note to this part of the Records was made by
some person writing apparently in 1787, who has left a careful
analysis of the volumes up to the preceding year.
'N. B. — A war with France having broken out at this time,
Government suspected that the Irish Catholics could not with
safety be trusted, and that they would be inclined to join the
enemy in case the island should be invaded, which probably was
the cause of the severity exercised towards them by the
Governor.'
STATE OF PUBLIC MORALS. 97
in the colony, the letters of the several governors
furnish abundant testimony. Here is an example : —
Whereas I think, for the good of this island in general,
that gallows should be erected in the several districts in
order to deter (frequent robberies that are committed by) 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
. . . . at St. John's, the 12th of October, 1754.
H. Boneoy.
Copies of this order were directed to be sent to all
the justices of the peace throughout the island.
One more extract from the records of this period
(1749-1762) shall conclude this chapter. It is
curious, as illustrative of the care of the magistrates to
fix under what category, whether virtuous or other
wise, to class the inhabitants of then districts.
At a court held in Ferryland the 27th day of August,
1750, at the request of the justices of the peace, John
Allen and Elizabeth Gobbet (commonly called Elizabeth
Allen) were brought into court, and declared that they were
not married, but only kept company together.*
* Two instances of the mode of dealing with women whose
conduct or disposition was offensive are noticed in the records of
1757. 1st. Eleanor Moody, having given liquor to a seaman and
H
98 HISTORY OF NEWFOUNDLAND.
stolen his money and his buckles, was ordered to be put in the
whirligig, and then sent out of the country.
2nd. A justice of the peace at Trinity, having struck a woman
said to be of a troublesome and turbulent disposition, on the case
being reported to the Governor, the magistrate was ordered to
pay 51. to the woman's husband and to erect at his own expense
a cage for the punishment of turbulent women.
99
CHAPTER V.
1763-1775.
The general course of events for some few years
after the Treaty of Paris had little effect on the
condition of Newfoundland. That treaty, while it
had confirmed, had also more definitely fixed, the
provisions of the Treaty of Utrecht, as respected the
relations between the British fishermen and those of
France. About the same time that this pacification
was made, an increased importance was given to the
governorship of the colony, by annexing to it ' all the
coast of Labrador, from the entrance of Hudson's
Strait to the river St. John's, opposite the west end
of the island of Anticosti, including that island with
any other smaller islands on the said coast of Labra
dor; also the islands of Madeleine in the Gulf of
St. Lawrence.'
A very brief period had passed away after the
settlement concluded with France, when there sprang
up symptoms of the amicable relations between the
two countries being again disturbed, and a fresh
appeal made to arms, and the cause of this threatened
interruption proceeded from Newfoundland. It was
a time when the public mind in England, not content
H 2
100 HISTORY OF NEWFOUNDLAND.
with the terms on which the late contest had been
brought to an end, was in such an irritable state, that
a very slight spark was sufficient to enkindle a flame,
and this state of feeling, while it was fostered on one
side by the unpopularity of the minister, was stimu
lated on the other by the exciting appeals of the
notorious and popular John Wilkes. Such being the
state of public sentiment, it is little wonder that
when a sloop of war arrived from Newfoundland
with the intelligence that the French had a formid
able fleet on that coast — that contrary to the stipula
tions of the late Treaty, they had manifested an
intention to fortify the island of St. Peter's — and
that the British squadron on that station was in no
condition to prevent that measure — a violent outcry
should be raised, and a new war declared to be
necessary and inevitable. On further inquiry, how
ever, it was found that the cause alleged for all this
indignation had scarcely any foundation, and the
ebullition of popular wrath soon expended itself,
without evoking any international conflict or even
dispute. The only result of the feelings that had
been aroused was to lead the Ministry to put the
fortifications of the island into a better state of
defence. The next great embroilment which Newfoundland
was to witness, and from which it was destined to
suffer, was that in which the parties engaged in
hostilities with the mother-country were those trans
atlantic colonies which stood in the same relation to
that country as itself. With the States of New
CONTRABAND TRADE. 101
England, the residents on the island and the adven
turers prosecuting the fisheries were involved in the
relations of a convenient, but not in all respects, a
legal traffic. The western plantations were able to
supply the colonists and the fishing ships with articles
necessary for the voyage, such as provisions, tobacco,
rum, &c, on easier terms than they could be procured
from Great Britain, while the fish exchanged was a
profitable article of trade to the vendors. The
latter also found a great pecuniary advantage in
seducing men from the fisheries, to meet the enor
mous demand for labourers in their own colonies.
But in obtaining both classes of benefits, the Ameri
cans came into collision with the interests of the
English merchants, whose constant endeavour was
given to keep the trade in their own hands, and who
did not like any invasion of their own labour market.
Still, so advantageous was it to obtain provisions from
the colonies, that even the merchants' ships and agents
increasingly availed themselves of this means of
supply, and in course of time came greatly to depend
on it. The local position of the French in the island
of St. Peter's greatly complicated the business, and
led to extensive frauds on the revenue of the British
Government. Ships left New England with a full
cargo, part of which they discharged at St. Peter's,
in return taking in wine, spirits, and various foreign
goods, with which they proceeded to ports in New
foundland, as if they had come direct from the port
at which the vessel had received her clearance, and
contriving to evade the local arrangements, landed
102 HISTORY OF NEWFOUNDLAND.
the cargo, mostly contraband, to the great profit of
those engaged in the enterprise, and as it was alleged,
to the demoralisation of the inhabitants and damage
of the fisheries, as well as to the loss of the revenue.
This was an evil which taxed the vigilance of succes
sive governors, but it was so favoured by the people,
that little could be done for its eradication, or even
its diminution.
Indeed it appears that this gainful commerce
between the Newfoundlanders and the New Eng
enders gradually infected the former with the same
views and feelings which were soon to have such a
strong manifestation on the part of the latter. They
sympathised with the spirit of independence which had
its determinate expounders in the citizens of Boston,
so far at least as to desire to be emancipated from any
Government exactions or fetters, which tended to
check a desirable and profitable intercourse. But
when the American colonies so extended their refrac
tory demands as to make it evident that they were
looking forward to complete independence, whatever
sympathy had been felt towards them in the island
evaporated, and was lost in a loyal clinging to the
parent State.
In 1774 the Congress of the insurrectionary pro
vinces came to a resolution to suspend all intercourse
of trade by importation from Great Britain, and
declared that unless their grievances were redressed,
they would discontinue their exports to her possessions.
In this resolution and intention there lay a terrible
stroke to Newfoundland. When the non-importation
COMMENCEMENT OF THE AMERICAN REVOLUTION. 103
decree reached England, the question arose whether
they who had passed it should be allowed to participate
in the lucrative trade of the fisheries. After a debate
in the Cabinet arising from suggestions as to the evil
which the prohibition would inflict on the loyal
subjects of the Crown, that measure was decided on
with the consent of the merchants in the West of
England engaged in the trade, who could probably
see their own gain in it, whatever sufferings it might
occasion. But, beside the immediate evils consequent
on this step, they were followed by another which had
not been calculated on. It had been imagined that
the revolting States, deriving so much advantage from
the export trade to the fisheries, would never do any
thing so suicidal as to deprive themselves of its
benefits. But in this case, patriotic wrath prevailed
over self-interest, and, in 1775, the Congress gave
effect to the threat made a year before, by forbidding
all exports to the British possessions. This was a
resolution which fell with rapid and painful severity
on Newfoundland. There the people, both resident and
those periodically engaged in the voyage, had been so
long used to obtain necessary supplies from America,
and had grown to be so dependent on them, that the
sudden stoppage of the stream threatened them with
absolute famine, seeing that 2,000 miles of ocean
intervened between the consumers and any other
source whence their wants could be met. This was
the danger which actually impended as the result of
the decree of the Congress. And, notwithstanding
that as soon as it was known ships were sent away in
104 HISTORY OF NEWFOUNDLAND.
ballast to Great Britain and Ireland to procure such
things as were required to keep the people from
starvation, great suffering was in the first instance
endured, and much inconvenience and hardship en
tailed through all the succeeding years of the war.
These trials were for some time increased by the
American privateers off the coast, which entering
many of the harbours did considerable damage, and
carried away much spoil. At length, however, the
British Navy was in such force, and did its work so
effectually in these waters, that this latter evil was
much abated.
It is of some importance to notice the internal
regulations of the island and the fisheries, during the
period intervening between the ratification of the
Definitive Treaty of Paris, and the consummation of
the American revolution. Newfoundland was under
the governorship of Captain Graves at the time when
the above-mentioned Treaty was signed, but it de
volved on his successor to devise and to carry out
the local rules necessary to give effect to that engage
ment. This task fell to Captain, better known as Sir
Hugh Palliser — at one time somewhat famous in the
political struggles at home, from his dispute with
Admiral Keppel. Captain Palliser was a man in
many respects well fitted for the work which was
entrusted to him. Laborious, active, determined,
comprehending the importance of the position which
he occupied in reference to the new arrangements, he
set himself earnestly to perform the duties of that
position, by. establishing, on a practical basis, the
ADMINISTRATION OF PALLISER. 105
intercourse between the subjects of two rival nations
having a concurrent right of fishing in the waters of
the same coast — a coast which belonged to the sove
reignty of one of those nations. At the commence
ment of his administration of the colony he issued
(on June 19, 1764) a short series of rules for the
guidance of commanders of the King's ships, admirals,
vice-admirals, and rear-admirals of the harbours,
whose engagements brought them into contact with
the French, on that part of the shore where the latter
had the right of fishing. These rules, which were to
be published throughout the island, generally en
joined on all His Majesty's subjects, more especially
the official persons before mentioned, not to throw
any obstruction in the way of the French prosecuting
the fishery within the limits assigned, nor to injure any
of the property, such as boats, &c, which they might
leave behind them during the winter; but to see
that they were treated in all respects as having the
same rights and. privileges enjoyed by the English
within the same boundaries. But the instructions
from the governor were careful to show that within
those boundaries the French had no superior rights or
privileges over the British fishermen. This is evi
dent from the second of these regulations, which, after
affirming ' the great importance to the interest, peace,
and tranquillity of both crowns, that the Treaties
should be faithfully executed, according to the true
intent and meaning thereof, all disputes between the
subjects of both nations avoided, and the fisheries
within the limits aforesaid amicably carried on
106 HISTORY OF NEWFOUNDLAND.
between the nations,' goes on ' to order and direct the
captains of the King's ships — the admirals of the
harbours, and all other officers whatever upon the
coast above mentioned, whereon the subjects of
France are allowed to catch fish, to dry them on the
land,' &c — ' to take the most exact and particular
care that the said subjects of France be permitted
and allowed, in common with the King's subjects, to
choose their stations there during the fishing season,
according as they shall respectively arrive in the said
harbours,' &c.
In an order published by the Governor in the
following year announcing his presence in Croque
Harbour to redress any complaints on the part of
either French or English fishermen, the former are
expressly ' forbidden to occupy the country, or to make
use of it for any other purpose than the prosecution
of the fishery.' ' Notice is also hereby given to the
respective French fishery admirals for the information
of all others in that nation, in the respective harbours,
that at their departure they are not to leave in this
country any effects whatever (boats only excepted,
which His Majesty has been pleased to give leave for),
that they are permitted to remain in the country so
long as they are actually employed in taking, drying
and shipping their fish, but when that business is fully
completed they are to depart and not to stay, as is the
practice, &c.' ' Withm a week after the publication of
this order, the Governor had to deal with an example of
the offence against which it was directed. The master
of a French vessel had left behind, at the close of the
DISPUTES WITH FRENCH FISHERMEN. 107
season, three men, ' with a shallop and all necessaries
and materials for a winter's fishery, for building new
shallops, &c, and they accordingly wintered in the river
Thames in the Bay of Islands, where they fished,
hunted, and built a new shallop, then went to St.
Pierre, and, after delivering their fish, &c, returned in
their new shallop to this country, all which being con
trary to treaties, and a direct enroachment on His
Majesty's territories, I have caused the said shallop to
be seized.' The Governor further commanded the
captain of the French vessel to take the three men on
board, and carry them to France, and at the same
time forbade him and all other masters of French ships
to leave any of their crews in the countiy on pain of
forfeiture of their ships if ever they returned to the
coast. During the same season, the case of two French
boats was referred to the Governor by one of the
naval commanders. One of these boatswas reported by
this officer to be of larger dimensions than was usual
among fishing boats, and also to be furnished with a
deck, in which respects he thought that the use of it
exceeded the privileges granted by the treaty, even
though the craft was built of materials not the produce
of the country. In the other case, in which it appears
that a Frenchman had built a small vessel in New
foundland, the same officer had laid a prohibition on
its being employed in the fishery. The Governor
decided in reference to the first, that the deck of the
boat must be removed before it would be allowed, and
as to the second, he ordered 'that the said vessel
108 HISTORY OF NEWFOUNDLAND.
shall be pulled to pieces, the French having no right
to build vessels in this country.'
Governor Palliser took great interest in the salmon-
fishery, which previously had engaged but little
notice, notwithstanding the abundant and profitable
field for it in Newfoundland. In issuing regulations
respecting it, he thus refers to this neglect : — ' I am
informed that the said salmon-fishery is capable of
being greatly extended and improved ; but that at
present very few people are employed in it, because of
violent and unlawful practices of some people to dis
courage and obstruct new adventurers, by which many
ship-loads of salmon yearly return from the rivers
into the sea, which might be taken and carried to
foreign markets, to the great benefit of His Majesty's
trading subjects, and of the nation in general.' After
showing that His Majesty's subjects had the unre
stricted right to enter any lakes, creeks, and rivers in
the country in pursuit of salmon, and to use the
shore for the curing, salting, and drying of the same,
he lays down five rules for the guidance and govern
ment of persons engaged in this branch of the fishery,
apologizing for the brevity and simplicity of these
rules, as arising from his then comparative ignorance
of the state and nature of the fishery in question.
Captain Palliser seems to have been the first governor
to give any marked attention to, or to institute regu
lations for the salmon-fishery, which subsequently
extended and increased, until it has become a very
large and profitable part of the trade of the country.
Another subject on which His Excellency displayed
MEASURES IN REFERENCE TO LABRADOR. 109
great interest, and concerning which he actively em
ployed himself, was the fishery on the coast of Labra
dor, which, not long previous to his arrival, had been
annexed to his government. Himself personally
visiting the coast, he readily discerned the advantages
which it possessed for the prosecution of the trade,
which had been chiefly confined to Newfoundland, as
well as of the whaling trade. Certain difficulties had
to be overcome in carrying out his designs in this
region. The natives were intractable ; disorderly
Europeans had taken up their abode in the country,
wantonly injuring, and thereby further alienating the
natives, while the principal hinderance of all arose
from the fact that certain Canadians had under the
former government seemed to acquire a vested right
in some of the best portions of the territory. Not
withstanding these obstacles, the governor persevered
in his endeavours. He introduced stome of the
regulations laid down in the statute of William III.,
modifying or adding to them by the light of more
recent experience. At the same time he laboured to
establish a friendly intercourse with the natives ; and,
as he thought, set aside the pretensions urged by
the Canadian settlers. On the whole, so successful
were his efforts on this matter, that in the third year
of his administration he received a memorial signed
by merchants and by merchants' agents on the coast
of Labrador, which, while offering suggestions on
points capable of amendment, bore grateful testimony
to the value of the measures which His Excellency
had introduced, as promoting good order among the
110 HISTORY OF NEWFOUNDLAND.
fishermen, and affording them security as well from
several nations of savages of the country, as from
outrages and encroachments from lawless crews re-
sorting thither from elsewhere. Notwithstanding
the advantages, however, resulting in the fostering
and protecting of this trade derived from its connec
tion with the Government of Newfoundland, so many
were the difficulties and disputes arising from the
remains of the country's connection with Canada,
that it was deemed advisable in 1773 to restore the
Labrador to that province.
In the year 1765 two important additions were
made to the civil government of Newfoundland. Up
to that time it had been regarded merely in the light
of a fishery, and not recognised as a regular plantation
or colony: consequently, vessels going thither were
not thought liable to the same regulations as those
going to the* other British colonies and plantations.
But this year the Board of Trade declared it to be
part of His Majesty's plantations. It was therefore
decided that the British laws of navigation should be
put into execution there, as well as in the other
colonies. About the same time also a custom-house
was established for the regulation of the trade. The
latter institution was not very thankfully received by
the merchants and others. It was called an innova
tion. It was declared to interfere with the free trade
of the fisheries. Above all, its table of fees formed
a topic of bitter complaint. Still it had become too
necessary an establishment to be removed by these
clamours, and, as has been well said, by the establish-
SIR HUGH PALLISER'S ACT. ill
ment of a custom-house, and the introduction of the
laws of navigation, another pillar was added to the
Government of Newfoundland.
Captain Palliser's term of office in the colony
expired in 1768, and he was succeeded by the Hon.
T. Byron, who, in his turn, was followed by Commo
dore Molineux (afterwards Lord) Shuldham. Under
these governors there occurred little of public interest
affecting the affairs of the country. But at home an
instrument was in preparation which was designed for
the more complete and orderly regulation of the
fisheries and the settlers in the island. The principal
agent in promoting and giving shape to this scheme
is said to have been Sir Hugh Palliser, who, from his
connection with the country, the interest and zeal
he had shown in advancing its interests, and these
latter qualities amalgamated with a strong professional
feeling towards the Crown and the naval supremacy
of England, was fitted to be an adviser in reference
to a new Act of government which was loudly called
for. During his residence in the island he had
witnessed the defects of the old system, satisfactory
as that had been to parties more careful for their own
interests in the trade than for the good of the country
concerned, or for the honour and advantage of the
nation at large. Accordingly, in 1775 a new and
comprehensive law was passed by the British Parlia
ment entitled — An Act for the Encouragement of the
Fisheries carried on from Great Britain, Ireland, and
the British Dominions in Europe, and for securing the
Return of the Fishermen, Sailors, and others employed
112 HISTORY OF NEWFOUNDLAND.
in the said Fisheries to the Ports thereof, at the End of
the Fishing Season.
This Act, which was commonly called Palliser's
Act, consisted of thirty-seven clauses, and while
aiming to give effect to the statute of William III.
sought to remedy defects which had been found in its
working. The great objects of the new law were, to
make the fishery a means of strengthening the navy of
the kingdom, by a system of bounties to those engaged
in it, to secure to fishermen their proper share in the
voyage, to protect them against imposition, and to
provide for their return after the season was over.
The general character of the Act, and the manner in
which it was received by influential parties connected
with the trade, cannot be better set forth than in the
following quotation from Chief Justice Reeves : —
The last measure taken respecting Newfoundland during
this period, was passing stat. 15 Geo. III. c. 31, commonly
called in the island Sir Hugh Palliser's Act, it being sup
posed to have originated from the advice and assistance,
principally, of that gentleman. The design of this Act was to
favour and keep alive the principle of a ship-fishery carried
on from England ; one of the regulations of it was to enforce
the payment of wages, another to secure the return of sea
men and fishermen to this country ; the provisions of it are
all enforced by a special penalty, the want of which in stat.
10 & 11 Will. III. had been so often lamented.
The nature of the provisions of this Act, and the rigour
with which it was easy to enforce them, contributed to make
this law very unpopular in the island ; and after all the
alterations that had been made, without the aid of Parliament,
since stat. 10 & 11 Will. III., none was so ill received as
this, but being an Act of the Legislature, it was submitted to
with silent discontent. When persons concerned in this
PALLISER S ACT. 113
trade complain of the innovations made of late years in the
trade of Newfoundland, and express a wish to be put on the
footing of stat. 10 & 11 Will. III., they mean that they
wish to be relieved from this Act of Parliament ; and they
have many of them no scruple to say that since Sir Hugh
Palliser's Act, it is with the greatest difficulty that mer
chants can carry on the fishery with profit to themselves.
The regulations made by this Act were very important.
It was now declared that the privilege of drying fish on the
shores of Newfoundland should be enjoyed only by His
Majesty's subjects arriving at Newfoundland from Great
Britain or one of the British dominions in Europe, which
settled the question that had been raised in favour of the
colonists. This Act gave several bounties for encouraging
industry in the take of fish. It provided for securing the
return of the seamen to Europe, by empowering the master
to detain out of their wages forty shillings for paying their
passage home, and obliging him to see his men put on board
passage-vessels. It forbad masters to suffer seamen to take
up more than half their wages in articles of supply, and
obliged them to pay the other half in cash, or good bills on
England or Ireland. It gave to the seamen a lien on the
fish and oil for their wages, and to secure the execution of
this Act, penalties were annexed to the various provisions,
and a jurisdiction given to the Court of Session and Vice-
Admiralty to enforce those penalties.
The records of the colony during the years in which
Governors Palliser, Byron, and Shuldham presided
over its affairs, throw some little light on the internal
condition of the country, as well as convey information
on other matters of more general historical interest.
One of the most obvious features in these memoranda
is the hostile spirit they display as entertained by the
ruling powers to Roman Catholicism and its Irish
114 HISTORY OF NEWFOUNDLAND.
adherents. The following order is inserted several
times, with the signature of the different Governors : —
For the better preserving the peace, preventing robberies,
tumultuous assemblies, and other disorders of wicked and
idle people remaining in the country during the winter,
Ordered — That no Papist servant, man or woman, shall
remain at any place where they did not fish or serve during
the summer preceding.
That not more than two Papist men shall dwell in one
house during the winter, except such' as have Protestant
masters. That no Papist shall keep a Public House, or sell liquor
by retail.
That all children of Roman Catholics born in this country
be baptised according to law.
That the masters of Irish servants do pay for their passage
home. Another order addressed to the magistrates equally
shows the obnoxious character under which the above
parties were regarded: —
Whereas you have represented to me, that an Irish
Papist, a servant, a man without wife or family, has put up
mark posts in a fishing room within your district — with an
intent to build a stage and flakes thereon, and possess the
same as his right and property, which practice being entirely
repugnant to the Act 10 & 11 William III.
I do, therefore, hereby authorize you to immediately
cause the mark-posts above mentioned to be taken down,
and warn the person so offending not to presume to mark
out any vacant fishing room again as his property, as he
will answer the contrary at his peril. You are also to warn
Other Papists from offending in the like cases, as they will
answer to the contrary. (Signed) T. Byron.
REGULATIONS AGAINST IRISH IMMIGRANTS. 115
Here is another communication to the same effect,
while it also indicates the straits to which the
Romanists were reduced to procure a livelihood : —
Whereas a great number of huts are erected, possessed
and inhabited by Irish Roman Catholics in this harbour, who
entertain and keep in the country a great number of rogues
and vagabonds, to the great disturbance of the peace and
danger of his Majesty's subjects here, and to the exceeding
great prejudice of the fishing trade. You are hereby au
thorized and directed immediately to pull down all such
huts or houses, and suffer no more such to be erected
hereafter. (Signed) Hugh Palliser.
Notwithstanding the disabilities under which the
natives of Ireland professing the old faith laboured,
that country furnished a constant increase of emi
grants to this desolate island, as it is again and again
termed in the Records; not only men and women
under the protection of their husbands, but even
shoals of women by themselves, coming perhaps with
the hope of joining their kindred, or for the simple
chance of obtaining a better settlement than they had
found in their own weary land. The following from
Governor Palliser recognises this fact as a great
evil: —
Whereas great numbers of poor women are frequently
brought to this country and particularly into the port by
vessels arriving from Ireland, who become distressed and a
charge to the inhabitants, and likewise occasion much
disorder and disturbance against the peace of Our Sovereign
Lord the King ;
Notice is hereby given to all masters of vessels arriving
in this country, that from the first day of April next, no
I 2
116 HISTORY OF NEWFOUNDLAND.
women are to be landed without security being first given
for their good behaviour, and that they shall not become
chargeable to the inhabitants.
The stringent regulations quoted above against
the children of Ireland and the Pope do not appear
to have proceeded purely from antipathy of race, or
zeal for Protestant orthodoxy, but to have been
suggested by troubles consequent on the accumula
tion of what Avas considered a foreign, and was cer
tainly at times, a disorderly element. There are
frequent notices of disturbances calling for the in
terposition of the magistracy — disturbances which
betoken a disloyal insurrectionary spirit, and in
which the Irish were charged with bemg the chief
offenders. A formidable example of this kind oc
curred in Harbour Grace in the year 1764. It is
denominated in the Records a riot, and is said to
have arisen from a rebellious disposition towards the
British Government, such as was beginning to wgrk
in New England, and which subsequently resulted in
the achievement of independence, and the establish
ment of the United States. Authority and law, how
ever, asserted their supremacy in Newfoundland, and a
dozen persons were placed on their trial to answer
for this daring infraction of the King's peace. The
principal accused was Dennis Neal, and his name is
followed by other Demiises, Learys, McCartys, and
Mahoneys, &c, sufficiently betraying the nationality
of the defendants.
The indictment against them by the magistrate declared
that they and several persons yet unknown, did on the 9th
TRIALS FOR RIOTING. 117
instant at Harbour Grace, with force and arms unlawfully,
riotously, and routously (sic) assemble and gather themselves
together, to disturb the peace of our Lord the King — and
so being then and there assembled and gathered together, in
and upon several persons in an unlawful and riotous manner,
did make an assault, and ill-treat, and other wrongs did to
the said persons. Also on the same day, the above persons,
with many others yet unknown, to the number of thirty or
upwards, in a warlike manner arrayed, with swords, clubs,
and guns, unlawfully, riotously, and routously assembled,
did appear in order to interrupt me in the execution of my
office, and many other evils did, to the great disturbance of
the peace of our Lord the King, and terror of his people,
and against the form of the statute in that case made and
provided. The evidence established the guilt of the prisoners
to the satisfaction of the jury, who brought in a
verdict accordingly ; upon which the court passed the
following sentence, inflicting a sharp, but inexpensive
punishment : —
' That Dennis Neal shall receive three dozen lashes
on his bare back with a cat-of-nine-tails, at the
admiral's stage at St. John's, on the 20th instant, and
three dozen at the Admiral's Stage at Harbour Grace,
on or before the 25th instant, and all the other
offenders (except Mr. Felix McCarty), shall receive
at the same time, at the last*mentioned place, one
dozen each.' Mr. Felix McCarty was let off by
paying a fine of thirty pounds and all the charges of
the court.
Promoted by various causes, the resident popula
tion of the island went on gradually augmenting, yet
without any legal provision existing for the acquisi-
118 HISTORY OF NEWFOUNDLAND.
tion of property in the soil. On the contrary, all
legal forms were prohibitory of such proprietorship.
The country was regarded simply as a fishery, all
right in the land being considered as belonging in
alienably to the king. Persons ¦ employed in the
fishery had liberty to take up such a portion of the
shore as was necessary to carry on their vocation,
without interfering with the like privilege as held by
others, and to build on the selected spot such erec
tions as were required for the prosecution of the
voyage. But beyond this, no one could lawfully own,
for the purpose of cultivating, any portion of the
territory. Such a state of things could not continue
to exist without leading to inconveniences and fre
quent attempts to evade the maintenance of the royal
prerogative. In the course of time many of the
settlers having located themselves on plots of ground,
and cleared them, proceeded to enclose them for gardens
and for purposes of pasture, thereby quietly setting
up a practical denial of the supposition that the
country was a desert. Some persons, with larger
means enabling them to do the same to a greater
extent, and having misgivings as to the validity of
their titles, had applied for, and obtained, from the
Governor, a recognition of their right in the property,
in some cases forming a little estate, which they had
taken in. Still this anomalous state of things gave birth
to difficulties and disputes as to the boundaries between
common privileges and so-called private rights, which
increased and became a more serious matter with the
growth of the settlements. Under Governor Palliser
THE QUESTION OF PROPERTY IN LAND. 119
the subject had become so pressing, as to call forth an
elaborate order from him, which in the margin is
entitled, ' an order relating to the property of land
and cutting grass in this country.' Subjoined are
extracts embracing the substance of the Governor's
decision : — Court House, St. John's, 28th of July, 1 766.
Some disputes having lately arisen about property in land,
and a right of cutting grass in this country, the parties being
concerned in those disputes being summoned and present,
together with all others that pleased to attend, inquiry was
made into the ancient customs of this country, when it was
agreed by all present that it ever has been a practice allowed
of, to enclose spots for gardens and potato grounds, so far
back as where no fishing works can be made, but no governor
or other person having ever been empowered to parcel out
and divide lands, or to pass patents or grants for lands in
this country, the whole must be deemed according to the
Fishing Act a public common, and free to all persons to cut
wood for the uses of the fishery, for fuel, &c, or to turn
cattle upon, or to cut grass, and every one may take away what
they cut. But of late years several persons have enclosed
most of the few places that produce grass, and thence pretend
to claim such as their property, and others by putting up
marks in certain places in the woods have claimed a pro
perty in those places.
In order to prevent these practices, as well as all contests
and disputes about such matters in future, I hereby order
and direct as follows : —
1st. That all lands that are not actually fenced in shall
remain open, public, and common, to all persons without
distinction, to cut wood for the uses of the fishery, fuel,
&c.j to turn cattle upon, and to cut grass.
2nd. That if any of the places now actually enclosed, and
hereby permitted to remain so, and are ever hereafter left
unfenced in during one year, such places shall revert to the
public common.
120 HISTORY OF NEWFOUNDLAND.
3rd. That if any person hereafter shall presume to fence
in or enclose any lands (other than are so at this day) con
trary to this order, all persons are at liberty to take down
such fences or enclosures.
4th. That no marks that ever have or may be put up by
any person whatever at any place in the woods, shall con
vey any right or property to such places, or to the wood or
grass growing thereon, except the three marshes known by
the name of the Torbay marshes, which shall remain to Mr.
Justice Gill exclusively, to cut the grass growing thereon, so
long as he remains a justice of the peace at St. John's, and
at his death or in case of removal from that office, the same
privilege shall be continued to the senior justice of the
peace at St. John's. The said marshes, &c.
5th. And at the request of all the people now assembled,
I also hereby order and direct that no person whatever
shall cut grass on the common lands before the 15th day of
August, on the penalty of five pounds, to be levied by the
justices of the peace at their quarter sessions, towards the
repairs of the Courthouse and Prison.
The subject of the original inhabitants of the
island is one which, though much has been written
about it, is involved in great obscurity. In the
Government records of the period now under review,
the only recognition of the existence and condition of
the natives, apparently the first official notice of the
matter, is in the form of a proclamation, which seems
to have been repeated after Captain Palliser's time
annually, or at least, on the accession of each new
administrator of the affairs of the country. The
following is a copy of this document : —
Whereas it has been represented to the king, that the
subjects residing in the said island of Newfoundland, in
stead of cultivating such a friendly intercourse with the
savages inhabiting that island, as might be for their mutual
ABORIGINES AND THE MIC-MACS. 121
benefit and advantage, do treat the said savages with the
greatest inhumanity, and frequently destroy them without
the least provocation or remorse. In order, therefore, to put
a stop to such inhuman barbarity, and that the perpetrators
of such atrocious crimes may be brought to due punishment,
it is His Majesty's royal will and pleasure, that I do express
his abhorrence of such inhuman barbarity, and I do strictly
enjoin and require all His Majesty's subjects to live in amity
and brotherly kindness with the native savages of the said
island of Newfoundland. I do also require and command
all officers and magistrates to use their utmost diligence to
discover and apprehend all persons who may be guilty of
murdering any of the said native Indians, in order that such
offenders may be sent over to England, to be tried for such
capital crimes as by the statute of 10 & 11 William III.
for encouraging the trade to Newfoundland is directed.
Given under my hand.
T. Byron.
(Dated 1769.)
Soon after the cession of Cape Breton by the French,
Newfoundland was exposed to the visits of another
tribe of Indians, who, in the course of time, found
a home in the island, and are said to have been the
most destructive enemies of the aborigines. These
were the Mic-Macs of Cape Breton and Nova Scotia,
where they were suspected of a strong leaning to the
French, from whom they had received, in a rude dis
torted form, the elements of the Roman Catholic
religion. In the year 1765, Governor Palliser
obtained information that a party of these Indians had
landed on the south-western side of the country in
the neighbourhood of the island of St. Peter's. His
Excellency viewed this introduction of a foreign un
civilized element with great repugnance, as being in
122 HISTORY OF NEWFOUNDLAND.
his opinion ' of dangerous consequence,' and wrote to
that effect to the commandant at Louisberg, urging
him to recall the passports he had given, and to issue
no more to any of the tribe. At the same time he
gave peremptory orders to the intruders to withdraw
from the country. The next year the Governor
received a communication from the Lieutenant-
Governor of Nova Scotia, conveying tidings ' of the
motives and behaviour of the Nova Scotia Indians,'
which he says, ' were somewhat alarming.' The
principal object of his apprehension seems to have
been, the probability that these wanderers were
preparing to come in considerable numbers to New
foundland, with the intention of furthering designs
imputed to the French. This scheme, with its sup
posed ultimate aim, both he and his correspondent
were determined if possible to prevent; a resolution,
however, which they failed to accomplish, so far as
respects the preventing the incursions of the Mic-Macs,
who afterwards found and made use of attractive
hunting and fishing grounds in the interior of the
island. A subject on which Governor Palliser evinced
great interest, in this respect acting under instructions
from the Government at home, embraced the condi
tion of the Indians or Esquimaux on the coast of
Labrador. In July 1764, a document was issued by
him, called ' An Indian passport for those inhabiting
the coast of Labrador, to bring a friendly intercourse
between His Majesty's subjects and them, &c.' It is
addressed to ' Mr. Hans Haven, to be distributed
ORIGIN OF THE. MORAVIAN MISSION. 123
amongst the Indians on the coast of Labrador.' This
paper sets forth the difficulties to forming any inter
course with the ab6rigines, from their own naturally
suspicious character, strengthened by ' the imprudent,
treacherous and cruel conduct of some people who
have resorted to that coast, in plundering and killing
several of them.' Three months later, another pass
port was given to ' Four of the brethren of the Unitas
Fratrum, viz. John Hill, Christian Drachart, Jens
Haven, and Christian Andrew Schlozer,' who are de
scribed as being sent out by their brethren who, ' from
a pious zeal for promoting the knowledge of the true
God, and of the religion of our blessed Lord and
Saviour Jesus Christ, had formed a resolution to
establish a mission on the coast of Labrador for that
purpose.' All His Majesty's subjects are commanded
'not to give any interruption or hinderance to the
Missionaries, but to afford them every aid and friendly
assistance for the success of their pious undertaking.'
These memoranda are interesting as relating to the
foundation of the Moravian settlements on the coast
of Labrador, by which a great amount of Christian
good has been accomplished, though dealing with one
of the most unpromising branches of the family of
mankind. It would unduly extend this work to enter further
into the details furnished in the records of this period.
We find in them references to bad fisheries made
worse by idleness and neglect, to wanton destruction
of the forests by setting them on fire, to the insuffi
ciency of the regulations for the trade, to the selfish-
124 HISTORY OF NEWFOUNDLAND.
ness of fishing masters leaving their servants behind
them at the close of the season, in what is usually
termed this desolate country, and also to the frequent
exactions and fraud of planters on those whom they
had hired for the voyage. On this latter point a short
extract may be given, as exhibiting a rude sort of
equity in the authorities when dealing with a scandalous
offence : —
By His Excellency Hugh Palliser, fyc, Sfc.
John Coding having let his servant Robert Percel run
out the whole of his wages, and now discarded him in this
desolate country, the said John Goding is hereby ordered
to pay his passage home, and till he does so (to prevent his
being necessitated to rob other people) the said Percel is
hereby authorized to enter the house or habitation of the
said Goding, and there abide, and take necessaries for his
subsistence (but nothing else), without being liable to any
prosecution for a trespass or robbery for the same.
Given, &c, in Court 1 9th October, 1767.
Hugh Palliser.
There is one other fact of some interest which
deserves to be mentioned before bringing this chapter
to a close. It relates to the connection between
Newfoundland and Cook, the great navigator. In the
earlier part of his career he had attracted the favour
able attention of Captain Palliser, who procured his
promotion in the service. Both the patron and his
protege were engaged in the expedition of Wolfe for
the reduction of Quebec. In 1762, Cook took part in
the recapture of St. John's from the French. He
was soon afterwards appointed to make a survey of
CAPTAIN COOK. 125
the island, and when his old friend became Governor,
he continued his task with every encouragement from
the local authorities. It occupied him until 1767, by
which time he had surveyed the whole coast of the
island, as well as the neighbouring shores of Labrador.
He had also explored the interior in several directions,
laying down the position and extent of some of the
larger lakes. In addition to these labours, he had
taken observations of an eclipse of the sun at one of
the Burgeo islets, the record of which was sent to the
Royal Society, and published in a paper of the Philo
sophical Transactions. His charts of the coasts and
seas of Newfoundland are still in use, being among
the best, and in some cases, the only reliable ones.
More than one house is at the present day pointed
out as having served Captain Cook for a temporary
abode, and several cairns of loose stones used by him
as stations of observation are said to be standing in
the western parts of the country.
126 HISTORY OF NEWFOUNDLAND.
CHAPTER VI.
1775-1788.
It has been mentioned in the previous chapter that
in the year 1775 Newfoundland was made to feel
severely the effects of the revolt of the colonies on
the North American continent — being deprived, by
that event, of the supplies which she had been accus
tomed to receive from thence. Though the first
sharp sufferings arising from this deprivation were in
a short time ameliorated, yet, for long afterwards, the
country was doomed to suffer from the same cause,
partly in the same manner, and partly from the more
direct effects consequent on the progress of hostilities.
The confederated States, as they were termed, dis
played more force and ability, as well as stubbornness,
to sustain the conflict in which they had embarked,
than was expected from them, while their chief mili
tary affairs were under the direction of a man who,
by his generalship, his civic capacities and virtues,
and especially by his pure patriotism, was building
up for himself a reputation which to this day com
mands the homage of the world.
But the contest in which Great Britain was in
volved with her refractory subjects was not the only,
NAVAL CONFLICTS OF THE PERIOD. 127
perhaps not the greatest, difficulty with which she
had to contend at this period, though the rebellion
of her dependencies gave birth to the other demands
on her energy and resources. The dispute between
the mother-country and her distant children was seen
to be a good opportunity for the old enemies of Eng
land to strike a blow at that empire which had so
often humbled them. Both France and Spain looked
with favour on the independent spirit and action of
the plantations in the west, and were not long in
lending themselves as auxiliaries in the strife. The
former welcomed with open arms the representatives
of the Congress, lavished praises on them and their
countiy, and prepared to give substantial aid' to the
infant assertors of territorial independence and the
rights of man. The consequence was, that in addi
tion to the sore task of quenching a rebellious flame
which raged from Florida to the shores of the St.
Lawrence, Britain was involved at the same time
in contests with the two principal naval and military
powers in Europe. As the result of this complication
of interests, ambitions and jealousies, hostilities were
not confined to the western borders of the Atlantic,
but were carried on in every sea where British ships
could meet with vessels of Spain or France, and on
every coast where the two latter powers on the one
side, and Great Britain on the other, had possessions
or interests inviting attack. These naval conflicts
were maintained with varied success, the great pre
ponderance of advantage and glory being with the
English flag. Under that flag, a former governor of
128 HISTORY OF NEWFOUNDLAND.
Newfoundland, Sir George Bridges Rodney, made
for his victories Lord Rodney, whose administration
of the affairs of the colony thirty years before has
been noticed in this work, performed the greatest
services for his nation, and received at the nation's
hands the meed of highest renown bestowed in that
age. It was not until the early part of the year 1778,
that a treaty, offensive and defensive, between France
and the United States, was concluded. But in antici
pation of that measure, and to guard against a stroke
of policy, of which the British Ministry had made
use at the commencement of the former war, an order
had been issued from Versailles, dated August 1777,
recalling all the French fishing-ships with their crews
from the banks and coast of Newfoundland ; an order
to which effect was given in the beginning of the
month of October, by the sudden departure of all the
French vessels and fishermen from these waters. This
was a step which confirmed the apprehensions of the
Government at home, in respect to the negotiations
which the Court of France was carrying on with the
mutinous colonies.
From this time for several seasons British fishermen
in Newfoundland enjoyed that desideratum which
has often been sighed for since ; — they had the
fisheries to themselves, neither American nor French
man appearing to compete with them in gathering the
harvest of the seas. But unhappily this advantage
was attended with a drawback by which it was more
than neutralised. The privateers of the enemy were
REAR-ADMIRAL MONTAGU. 129
so active all around the shores, that the poor fisherman
lived in constant dread of seeing his boats and the
result of his voyage taken away from him, and his
house destroyed over his head.
Rear-Admiral Montagu* was governor of the
island at the time when the rupture with France took
place. He was the first of so high a naval rank
appointed to administer the affairs of the colony ; and
his selection was probably due to the necessity of
having an able hand to deal with the American
aggressions. He displayed considerable vigour in
providing for the defences of the country, and dis
tinguished his term of office by the reduction of the
French islands, St. Peter's and Miquelon. In employ
ing himself in this latter needful measure, he furnished
a contrast to the spirit of a correspondence in which he
was engaged when entering on his office. In 1776 he
received a flattering letter from the Baron de l'Espe-
rance, Governor of St. Peter's, congratulating him on
his arrival, and speaking of the ' fond idea ' which the
writer had ' of the English officers, and of His
Excellency in particular.' The purport of the letter
was to ask, ' for the love which the two nations bore to
each other,' that the subjects of the most Christian
king might be allowed to supply themselves with
timber from the neighbouring shores of Newfound
land under the sway of the gracious Sovereign of
Great Britain. The admiral answered this epistle
in a like cordial spirit, though expressed, as was
* Between Governors Shuldham and Montagu, Commodore
Duff filled the office. K
130 HISTORY OF NEWFOUNDLAND.
natural to an Englishman, in less exaggerated terms,
and granting the privilege prayed for. Yet in two
short years afterwards he was compelled to give the
stern order to take or destroy all the property of the
subjects for whom the baron had so eloquently and
successfully pleaded ; and even to send the people
themselves (to the number of 1,932) away from the
stages and the houses made out of the wood which
he had granted them, to seek another home in
France. In 1779 Rear- Admiral Edwards succeeded to the
government of the colony, in which office he con
tinued until 1782. His time and efforts were taken
up nearly altogether in directing measures for the
protection of the country, and in meeting the internal
evils which the state of hostilities produced. Among
the latter, not the least was the difficulty of securing
a sufficiency of provisions for the thousands of resident
people which the island contained. This difficulty is
referred to in the following circular letter sent to the
justices of the peace, commanding a census to be
taken of the population : —
You are hereby required and directed to take an account
of all the houses and huts in your district, and report to me
without loss of time, the number of inhabitants in each
house, or hut, and also by whose order and permission the
huts were built. And whereas, there is an appearance of a
scarcity of provisions throughout the island, you are to take
a strict account of all the winter men engaged by the in
habitants for the ensuing winter, and report to me the
numbers engaged and the persons to whom they are engaged
for my further consideration and direction. Given under
my hand, &c, St. John's, Sept. 20, 1779.
R. Edwards.
DEFENSIVE MEASURES. 131
While there was much straitness and suffering from
the want of supplies cut off by the progress of the
strife, the poor people of the outport districts especially
endured much from the direct invasions of the enemy.
This was an evil which the Governor could do little to
prevent or mitigate. The protection of the capital
was a matter deemed of such importance as to tax his
personal endeavours, and the resources placed at his
disposal were too limited to enable him to do anything
for the smaller settlements beyond encouraging them
to defend themselves.
Thus Governor Montagu, ' having received informa
tion from the different harbours to the southward that
small American privateers, from six to ten guns, had
threatened to destroy them, and had already burned
several boats,' wrote a letter to the principal merchants
of many of the fishing harbours, in which he declared
that he had frequently reflected with the utmost con
cern on their defenceless position and misfortunes, yet
' it gave him infinite concern,' that it was not in his
power with the ships under his command to afford a
protection that should effectually prevent such insolent
invasions ; and he imagined that the. only method left
was their joining unanimously to erect small batteries
to defend their harbours against such attacks; for
their encouragement in which good work, he had His
Majesty's permission to furnish them with guns and
ammunition in proportion to the exertions they should
make, and the importance of the places that should
accept such proposals.
In general the loyal spirit of the people prompted
K 2
]32 HISTORY OF NEWFOUNDLAND.
them to do all that was in their power to meet the
exigency in which they were placed, and to comply
with the desires and suggestions of the Governor.
They constructed batteries, mounted them with guns,
and manned them, their applications to the authorities
being mostly restricted to a petition for more guns,
and a plentiful supply of powder. While such was
the predominant disposition displayed throughout the
settlements there were not wanting indications of a less
patriotic sentiment. As a specimen of the general
loyalty in association with an opposite feeling, as well
as affording a glimpse of the condition of the people
as affected by the war, the following letter is inserted
addressed from the fishing harbour of Renews to His
Excellency the Governor. It is dated July 29, 1778,
and subscribed by nine names : —
Please your Excellency, we, the humble petitioners, send
this petition to inform you of the dangerous situation which
we at this time are in, as the enemy (say a brig of twelve
guns) has been on the fishing ledge, and destroyed eight
large shallops and craft : and had he had wind, would have
destroyed all of them : and it was but yesterday made his
appearance again, but blowing fresh, could not catch them.
We likewise beg leave to represent to you that we are in a
dangerous situation from the behaviour of some bad people
of this harbour, who have said they only want to see an
American armed vessel come in here, and they will join
with them and plunder the stores. We, the merchants and
traders of this place, had thrown* up some intrenchments,
and had four guns mounted, loaded, and properly shotted,
and yesterday should have mounted two more, but some of
the people (and please your Excellency, inhabitants of this
harbour we know it to be) went between the hours of ten
and eleven at night, threw down our flagstaff, where His
LOYAL ADDRESS. 133
Majesty's colours had that day (the 26th inst.) been dis
played all day, over the cliff, and even carried away the
halliards ; and even took out the tampions of the guns — took
off the aprons, and took out the vents, and poured in wine
in them both at muzzles and vents, and likewise put one of
them in the dirt, muzzle down, twelve inches.
Therefore, we, His Majesty's loyal subjects, do humbly beg
your Excellency will take it into consideration, and hope you
will send us some protection, as the Americans sent us in
word that they would, the first fair opportunity offered —
they would pay us a visit and plunder our stores. If you
think it not necessary to send a sloop of war at Fermeuse
(for we don't desire to have His Majesty's ship here in this
place, as it is a dangerous harbour to lie in : but Fermeuse
is a fine and safe harbour, and lies an equal distance from
Renews and Ferryland) hope your Excellency will find a
few soldiers and arms, and four or five guns, what weight
of metal your Excellency thinks proper, as we conjecture of
the situation of the place we have got to place them, that
they must do a deal of execution on any vessel or vessels
which should attempt to come in the harbour. Hope your
Excellency will likewise grant us some powder and shot,
and we will spare no cost nor trouble on our parts in fixing
a place for the defence of the property of His Majesty's
subjects. But we humbly hope your Excellency will take
it into consideration about the inhabitants of this place, that
we are more in danger from some of them than from the
Americans, as they are determined to plunder the stores
and turn rebels ; and if your Excellency sends us some
succour, either here or at Fermeuse, we hope it will damp
their audaciousness. Therefore we hope your Excellency
will take it into consideration, and send us some relief : if
not, we must leave the fishery and carry home our effects ;
and we hope your Excellency will grant our petition, and
your petitioners will be in duty bound to pray for your
Excellency for ever — and wishing your Excellency health
and prosperity, remain your Excellency's
Humble Servants to command.
134 HISTORY OF NEWFOUNDLAND.
To enable the people the better to defend them
selves 1,500 stand of arms were sent out from
England and distributed in the different harbours
throughout the island. To guard against the attacks
of privateers, several vessels of war were kept con
tinually cruising about the coast, which succeeded in
capturing a good number of these annoying visitors.
The principal care of Governor Edwards was to
provide for the security of St. John's, which, as it
would have been a most valuable prize, was frequently
threatened .by the enemy, and this more especially
after the French had recognised and entered into
alliance with the United States. Under the superin
tendence of the governor, great activity was displayed
in strengthening the defences of the city. A new
fort, called Fort Townshend, was being erected on a
height commanding the harbour from its north
western side. This work was urged forward to its
completion, and was said to be capable of containing
a thousand men. The number of regular soldiers in
the capital was four hundred and fifty-nine, and to
these were added two hundred volunteers, who were
sworn to learn the use of arms with the utmost
assiduity, and in case of an actual invasion, to submit
to be embodied, to be subject to martial law, and to
take all fatigue, and to do all duty that is usually
expected from His Majesty's troops.
On taking his departure to England for the winter
season, the Governor left behind him a detailed code
of instructions for the direction of the garrison and
the citizens, in case of an attempted invasion during
APPREHENSIONS AND PREPARATIONS. 135
his absence. In this interesting paper, he prescribed
what signals should be made by the fort nearest the
sea, should an enemy be descried ; what number of men
should immediately proceed to hold the forts in the
Narrows to hinder or prevent the passage ; what steps
were to be taken in the city to oppose a landing should
the Narrows be forced. In case all these efforts should
fail, each party of the defenders was directed, after
spiking the guns in the several batteries, to retire into
Fort Townshend, which, so long as it could be held,
would render it impossible to retain possession
of the city and harbour. The value of these provi
sions was never put to the test, no serious attempt
being made to capture St. John's, though the garrison
was kept continually on the alert, and the people often
put in a state of alarm by rumours of a coming in
vasion. One more authentic than usual was com
municated by the Governor himself in a letter written
from London on April 3, 1780. In that letter
he states that Lord George Germain, one of His
Majesty's principal Secretaries of State, had informed
him that an armament was preparing at Brest, con
sisting of a considerable land and sea force, which, it
was suspected, had the destruction of the Newfound
land fishery and the taking possession of that island
among the objects of its destination. It was, there
fore, the king's pleasure that the officers commanding
the troops and ships at St. John's should be apprised
of what were apprehended to be the designs of the
enemy, that they might be put on their guard, and
take every measure in their power to make a vigorous
136 HISTORY OF NEWFOUNDLAND.
resistance in case of an attack. In another letter,
written at sea on June 12, the Governor refers to
the same subject, speaking of the armament as having
sailed on May 2, as was supposed, for some part of
North America. It is described as a squadron, with
twenty transports, imagined to contain four thousand
men. It bore no danger to St. John's, however, but
was, probably, the fleet commanded by the Chevalier
de Ternay, which soon afterwards appeared off
Rhode Island, with some thousands of troops which
had been despatched in aid of the army of the
Congress. A more positive ground of apprehension was fur
nished a few months later. One of the ships of the
Newfoundland squadron fell in with and captured
the packet Mercury with Mr. Laurens, late President
of the American Congress, on board. In the vessel
also was seized a number of papers of consequence,
one of which was of the highest importance to New
foundland, Nova Scotia, and Canada. From this
paper, the governor concluded that the enemy looked
'on this island with a jealous eye,' — and it was his
opinion that if ' they could unmolested get together a
force sufficient ' to attack St. John's, they would be
likely to visit it in the spring. To guard against
this, he ordered the enrolment of three hundred
additional men ; and directed the garrison to exercise
increasing vigilance and be well prepared to resist
any assault. This alarm, like the others, was not
realised, though it called forth an earnest expression
of loyalty from the volunteers and citizens generally
VICE-ADMIRAL JOHN CAMPBELL. 137
— the grateful acknowledgement of which was one of
the last official acts of Governor Edwards.
By this time, the war was drawing towards a close.
The prospect of subduing the colonies, or of bringing
them back to their allegiance, grew more and more
hopeless. The capitulation of York Town, and the
surrender of Lord Cornwallis and his army in 1781, so
strengthened the feeling in Great Britain in favour of
peace, that negotiations were set on foot to. bring
about this consummation. And in 1782 preliminary
articles were signed, ' to be inserted in, and to con
stitute, the Treaty of Peace ' between Great Britain
and the Independent States of America.
In 1782 Vice- Admiral John Campbell succeeded
to the government of the colony — a gentleman whose
administration appears to have given equal satisfac
tion at the station and to the authorities at home.
He possessed a spirit and was characterised by
manners in accordance with the more liberal and
enlightened feeling which was rising in England,
and extending to Newfoundland. One evidence of
this feeling was shown in a more tolerant dealing
with differences in religious opinion and worship.
Examples have been furnished in this work of the
harsh measures which issued from the Government
aeainst the exercise of the Roman Catholic faith. In
o
contrast to those measures, it is proper to record an
order given by Governor Campbell in 1784, to the
respective magistrates throughout the island : —
Pursuant to the King's instructions to me, you are to
allow all persons inhabiting this island to have full liberty of
138 HISTORY OF NEWFOUNDLAND.
conscience, and the free exercise of all such modes of
religious worship as are not prohibited by law, provided they
be contented with a quiet and peaceable enjoyment of the
same, not giving offence or scandal to Government.
(Signed) Jno. Campbell.
Previous to sending out this order (in 1782), an
application had been made to His Excellency by
John Jones, dissenting preacher, asking a continuance
of the permission which he and the little community
over which he presided, had enjoyed from preceding
governors, of exercising their religion according to
their profession of the Christian faith. In reference
to this application the petitioner says : ' The Go
vernor's conduct was beyond all expression gentle,
mild, and good-natured ; and he gave for answer —
that so far from preventing, he should do all in his
power to further it.'
In 1784 a Roman Catholic clergyman, the Rev.
James O'Donnel, came to St. John's, and obtained
full liberty to perform all the rites and ceremonies of
his Church. He was also authorised to conduct
marriages, and received permission to build a chapel,
of which he laid the foundation the same year.
Reference has been made several times in former
chapters to the common practice of inflicting corporal
punishment on criminal offenders by means of flogging
at the whipping-post. This convenient,but brutal mode
of chastising evil-doers, was to continue for many years
to come ; but in 1785, proof was afforded that the public
was becoming sensible to the degradation of the custom.
It was difficult to find persons to perform the odious
DEGRADING PUNISHMENTS. 139
service of inflicting the punishment. This duty was
considered to devolve on the constables of the several
districts. One magistrate writing to the Governor,
attested their unwillingness to discharge this service,
though he himself thought it a very proper one,
alleging that there are offences for which there is an
absolute necessity that corporal punishment should be
inflicted ; but finding, he says, ' that, a year or two
past, the business of whipping being executed by
them with a vast deal of reluctance, I endeavoured to
get a person to do that duty for them ; and meeting
with a poor needy wretch, with the assistance of a few
guineas, got him to stand on such occasions in the
place.' But this substitute soon afterwards having given
up the work in disgust, the magistrate was reduced to
the alternative — either ' to make the constables for
the time being do the said duty which others have
done before them, or to discharge the most infamous
villains with impunity.' He therefore, in the case of
an offender whom he had sentenced to be whipped,
assigned the task to the three constables, ' by dividing
the number of lashes between them according to
established custom.' But one of the constables
sturdily refused ; and the whole work fell to the other
two. The non-compliant officer was put in confine
ment; but his obstinacy was unsubdued. The
magistrate reports that he ' again and again refused,
alleging that he had taken an oath never to flog a
man. I therefore left him in the state I found him,
and refer the case to your Excellency's determination.'
140 HISTORY OF NEWFOUNDLAND.
In the same year an important commission of
enquiry was appointed by order of the Governor. It
arose from the extensive private encroachments on the
grounds which by the Acts of Parliament were declared
to be public for the use of the fishery, technically
called ships' fishing-rooms. In the progress of time
there had been a gradual appropriation of this land in
the harbour by persons resident in St. John's, who,
without any positive title, held possession of it, and
left it to their heirs as their own real property. The
reason for issuing a commission of enquiry into the
matter was, singularly enough, that the king was
chargeable with such encroachment. It appears that
in 1782, Lieutenant-Colonel Pringle, commandant of
the garrison, had caused an ordnance store to be built
on the north side of the harbour, and also a wharf
running out from the store. In 1783 the store was
burned down, and when the question was entertained
about rebuilding it, the objection was brought that the
place belonged to fishing-ships' room, and therefore,
neither the king's store nor the king's wharf had any
right to be there.
When the Fishing Admirals entered on the enquiry
into encroachments in general, they were met with
this difficulty, that no one would give any evidence
implicating his neighbours. The first witness ' being
called upon, and the oath tendered to him to speak the
truth, the whole truth, and nothing but the truth,
relative to the encroachments made on fishing-ships'
rooms in the Harbour of St. John's, refused to take
such oath ;' and on being pressed and threatened with
ENCROACHMENTS ON SHIPS ROOMS. 141
imprisonment if he persisted, he declared 'that he
would much sooner be imprisoned than lose his life ;
for if he were to speak all he knew relative to the
encroachments, he was sure that he should be mur
dered in a few days.' The result of examining other
witnesses was equally unsatisfactory, and the Gover
nor's deputy at the head of the commission could give
no better account of the work than the following : —
I have made it my particular business to enquire into the
encroachments made on fishing-ships' rooms, and find that
some of the rooms are wholly enclosed and built upon,
others, the landing places are shut up, and upon the whole,
the encroachments are so numerous, and the people here so
averse to speaking to them in public, that I am of opinion,
it is next to an impossibility to determine the property of
the fishing ships.
There was, however, one exception to this general
reluctance in giving evidence on the matter in ques
tion. The king seems neither to have been an object
of partiality to the citizens, nor to have imposed on
their fears. For there was a sufficient number of
witnesses to demonstrate, with convincing clearness,
that the king's wharf and the king's ordnance store
had no business where they had been placed, but
were trespassing on the chartered property of the
fishery. And it was not until some time afterwards,
and in consequence of special directions from the
Secretary of State, that provision was made to meet
' the absolute necessity of a wharf and storehouse for
the use of the ordnance at St. John's, in the island of
Newfoundland.'
142 HISTORY OF NEWFOUNDLAND.
Governor Campbell was succeeded by Rear- Admiral
Elliot, who is described as discharging the duties of
his office with intelligence, prudence, and firmness,
notwithstanding that he had to perform a task of
great difficulty, and in which he met with much
harassing opposition. This work will be noticed in
treating on the administrative changes introduced
during this period. In the first year of his being at
the colony, there occurred a pleasant piece of corre
spondence between the Governor and His Royal
Highness Prince William Henry, then Captain of
His Majesty's Ship Pegasus, afterwards King
William IV. The Prince's letter is interesting, as
showing the respectful subordination characterising
the highest personages of the realm in their inter
course with the recognised authorities of the State.
The letter from which the extract is taken is dated
Placentia Harbour, August 22, 1786 : —
The reason of my sending this express to your Excellency
is owing to the arrival of a Dutch brig bound from St.
Eustatia to Rotterdam, loaded with sugar, coffee, and cotton,
in very great distress at Little Placentia, at which port she
has been regularly surveyed by the carpenter of His
Majesty's Ship Pegasus and two others, and reported unfit
to proceed to Holland, the report of which survey I have
the honour to enclose, signed by the carpenters. And as
it is an unusual case, and the Act of Parliament for the
better regulating of the Trade of Newfoundland does not
provide for vessels in her situation, I thought proper to refer
her case to your Excellency, requesting your decision on
this head. (Signed) William.
EXPENSES OF GOVERNMENT.
143
Equally appropriate, characterised by a due sense
of the dignity belonging to his own position, is the
Governor's reply to this letter. At its close he
thus speaks in terms of modest commendation : —
Your Royal Highness will permit me to embrace this
opportunity of conveying to you my thanks for the very
great attention paid by your Royal Highness to such minute
points of your duty, and of acknowledging the regularity
and propriety with which this particular business has been
transacted by Your Royal Highness. I have the honour to be, &c.
J. Elliot.
The expense of the Civil Government of the colony
in its higher branches at this period does not appear
very great.
Estimate of the sums necessary to pay the salaries of the
Governor and Civil Officers in the Island of Newfoundland
from April 1, 1787 to April 1, 1788.
£
Salary of the governor* . . . ,500
The governor's secretary . . . ..182
The judge of the admiralty . . . 200
The naval officer . . . . .100
The agent 100
On account for fees on receipt and audit . 100
S. 0
10 00 0 0
d. 0000 0 0
Total . . . £1,182
10
0
In a letter addressed by Governor Elliot in August
1788 to Lord Sydney, Secretary of State, he writes : —
' I have the honour to inform your lordship of my
* It should be remembered that the Governor was also admiral
of the fleet and commodore of the station, which made his position
— especially in time of war, when prizes were abundant — a very
lucrative one.
144 HISTORY OF NEWFOUNDLAND.
arrival here on July 27, and that I had the satis
faction of finding the fishery in a very flourishing
state, and everything peaceable and quiet throughout
the island.'
To the latter favourable feature there seems to have
been an exception during the preceding winter. From
a memorial purporting to come from ' the magistrates,
principal merchants, traders, and inhabitants of the
district of Ferryland,' to which nineteen names
are subscribed, His Excellency leamt, that there had
been such manifestations of a riotous, lawless spirit
that the memorialists were in fear for their lives and
property, and considered themselves in absolute need
of military protection.
From the scanty notices which have come down to
us of this affair (and though scanty, they represent it
as being serious, and calling forth strong effort and
severe punishment in the repression of the evil), it
seems to have arisen out of the bitterness of religious
animosity. The Irish Roman Catholics, so long held
down, having had their bonds relaxed, were disposed
to use their freedom with angry wantonness, and to
take vengeance on those who belonged to the side of
that Protestant ascendancy by which they had been
oppressed. That the riot was of the character and
origin ascribed to it, appears, first, from the fact that
in the directions of Governor Elliot to the people of
Ferryland, to cooperate with the naval force sent for
their protection, he advises the formation of a com
mittee from the Protestant inhabitants ; and, secondly,
in a letter from the same authority to the officer who
CIVIL REGULATIONS IN THE COLONY. 145
had been successfully employed in the repression of
the riots, the writer states that an admonition had
been addressed to Father Power and to Father
O'Donnel (priest at St. John's), from which he
was led to hope that there would be no more
trouble. During the period embraced in the narrative
contained in this chapter, some important changes
were made in the civil regulations of the colony, for a
proper understanding of which it is necessary to make
a brief recapitulation of what had been done previously
in relation to this matter. By the Act of William
III. nearly all the local governing power had been
invested in the Fishing Admirals of the several
harbours. Part of this power involved a civil
jurisdiction, as the hearing and determining con
troversies and differences between the masters of
fishing ships and the inhabitants or by-boat keepers
concerning the right and property of fishing-rooms,
&c. Besides this, another jurisdiction was given by
the Act to the Fishing Admirals, partaking of the
nature of a police authority, to preserve peace and
good government among the seamen and fishermen — ¦
a limitation as to persons, which seemed purposely to
exclude the merchants and adventurers from amena
bility to this rude authority. Provision was made
in the Act for an appeal from the decisions of the
Fishing Admirals to the commanders of the King's
ships ; but in the course of time, as might have been
expected, the Admirals, being themselves employed in
146 HISTORY OF NEWFOUNDLAND.
the fishery, became very sluggish in the exercise of
their judicial functions, and the commanders of the
King's ships could scarcely prevail on them to hold
their proper courts. The consequence was that
gradually the latter, from being only a court of appeal,
went on to exercise the functions of an original court,
and, to use the words of Chief Justice Reeves, ' the
statute of King William grew to be looked on as a dead
letter; and the administration of justice in all the
points as there conferred on the Admirals was expected
from nobody but the commanders of the King's ships,
when they came to the island in the summer
season.' These commanders received from the Governor the
title of Surrogate, a name well known in Newfound
land as designating a person deputed by the Governor
to act in his stead in the outports. Under this cha
racter, the authority of the Governor was generally
exercised in a beneficial manner. But by degrees, as
the Surrogates had usurped the functions of the
Fishing Admirals, they enlarged the sphere of their
jurisdiction, taking cognisance of debts contracted,
and holding courts, ' in which they enquired of, heard,
sand determined, all possible causes of complaints.'
' While the Surrogates in the different parts of the
island were administering justice in this manner, the
Governor had also his court at St. John's; and it is
easy to believe that everything which the Surrogates
permitted to themselves, the Governor thought
himself equally entitled to do and command. Every
THE COURT OF VICE -ADMIRALTY. 147
matter, civil and criminal, used to be heard and deter
mined in open court before the Governor.'*
But there was a limitation to the action both of
the Surrogates' courts and that of the Governor in the
fact that they were only held during the fishing season.
For the resident population there was needed an ad
ministration of justice through the winter. This
devolved on the Courts of Session, composed of the
justices of the peace for the several districts. In the
year 1765, on a custom-house being established at St.
John's, a court of Vice- Admiralty was placed there,
which court in the absence of the Governor during
the winter took cognisance of other matters than
those which peculiarly belonged to it. Indeed, the
Court of Session and the Court of Admiralty, follow
ing the example of the Surrogates' and the Governor's
courts, enlarged the sphere of their authority, and
assumed the right to adjudicate ' in matters of debt
and other subjects of difference of a civil nature.' —
By an Act passed in 1775, the Vice-Admirals had
authority to determine disputes concerning the
wages of seamen and fishermen, and the offences com
mitted by their hirers and employers against that Act.
This power was subsequently (stat. 26 Geo. III.)
withdrawn, ' owing to the unfavourable impressions
that had been made respecting the practice which had
prevailed in that court.' But, ' although the Parlia
ment took away from the Vice- Admiralty court the
* It has been mentioned in Chap. IV. that a court of Oyer et
Terminer was instituted for the trial of grave criminal offences
in 1750. l 2
148 HISTORY OF NEWFOUNDLAND.
authority vested in it by law, it still continued to
exercise that which no law had confirmed, and both that
court and the Sessions were resorted to, in the absence
of the Governor and Surrogates, for the administration
of justice in all civil cases whatsoever.'*
Justice so administered, without a proper legal
foundation, was, as may be supposed, of only partial
authority. It was a convenient instrument by which
the merchants and others, knowing the unauthorised
character of the decrees they obtained from the court,
yet could employ them to overawe the poor and
ignorant. But when such decrees were directed
against themselves, they were not so ready to honour
them by obedience. In fact, Governor Edwards had
to compromise an action which was brought against
him in England by some parties who considered
themselves aggrieved by a judgment which he had
passed, and caused to be put in execution by the
Sheriff at St. John's. Governor Campbell, warned
by the danger incurred by his predecessor, would not
take on him to sit in "court, nor to determine any
causes whatsoever. He resorted to a more prudent
plan, and one which to a great extent met the difficulty
in which he was placed. ' The petitions which used
to be brought to the Governor in great numbers upon
all sorts of questions and subjects were still received
as before; but instead of holding a court, and making
decisions which were enforced by the Sheriff, he
directed his secretary to hear the complainant, and if
* Reeves.
BOUNTIES TO FISHING VESSELS. 149
necessary, the party against whom the complaint
was made, and thereupon to write at the bottom of the
petition the Governor's opinion, and give such advice
as, if followed, would have the effect of complete
justice.' Still, as there is a natural preference in the minds
of men for the forms of legal authority, even though
to the initiated they are only forms, over the deliver
ances of mere counsel and opinion, the Courts of Ses
sion and Vice- Admiralty drew to them an increasing
number of suitors, to the gradual neglect of the mode
of applying by petition to the Governor. But as the
two courts derived the augmentation of their business
from the necessities of the community, which could
not endow them with the real authority which was
wanting to their veiy constitution, such a fountain of
authority was the more earnestly desired, and at
length there appeared a governor who thought 'that
he had discovered, in his own commission the
elements out of which it might be supplied. But
the notice of his device must be reserved for the
next chapter.
The Act which was passed in 1786 (26 Geo. III. cap.
26) contained two important provisions, relating to
the fisheries and the trade of the country. The first
was a renewal, with some slight alteration, of the
bounties awarded to the fishermen by the Act of 1775.
As the character of that grant; has not been explained,
it may as well be exhibited here. It provided that
the one hundred vessels which, having cleared out
from any British port after January 31, should
150 HISTORY OF NEWFOUNDLAND.
proceed to the banks of Newfoundland, and having
caught a cargo of fish upon those banks, consisting of
not less than 10,000 fish by tale, and should be
the first to land the same in any of the ports of the
island between Cape St. John and Cape Ray on or
before July 15, in each year, and should make
one more trip at least to the said banks and re
turn with another cargo of fish caught there to the
same port, should be entitled to 40/. each, provided
that each such vessel was navigated with a master,
and at least three-fourths of the mariners being
British subjects, usually residing in His Majesty's
European dominions. The one hundred vessels which
should next so arrive hi order of time, fulfilling the
above conditions, were to be entitled to 25/. each.
Some minor ' conditions, limitations, and restrictions '
are laid down in reference to both the above classes,
which, though too minute to transcribe here, evinced
the earnest endeavour of the government to make the
Newfoundland fisheries minister to the strength and
increase of the materials for the recruiting of the
British navy.
Another important section in this Act related to the
importation of provisions for Newfoundland and the
fishery. Before the war these had been largely
obtained from the colonies. During the struggle, the
supply from this quarter was cut off. And after the
recognition of the independence of the United States,
the question arose as to how far this intercourse
should be renewed. ' The allegations on both sides,
of those who argued for a supply under certain limits
ALTERATION OF FRENCH BOUNDARIES. 151
from the United States, and of those who were wholly
against this intercourse, led to long examinations of
witnesses before the Committee of Privy Council.
The result of the deliberations of the Committee is seen
in Section XVII. of the 26 Geo. III. cap. 26, which
allowed bread, flour, Indian corn, and live stock to
be imported from America, but only in British
bottoms. This license was in the first instance limited
to one year only, but afterwards was renewed.
By the treaty of Versailles in 1783 an important
alteration was made in the boundaries as laid down by
the treaty of Utrecht, separating between that part of
the coast of Newfoundland in which the French had a
concurrent right in the fishery, and that part which
was exclusively British. On the eastern coast, the
French king ' consented to remove the right of fishing
which belonged to him in virtue of the aforesaid
article in the treaty of Utrecht from Cape Bona Vista
to Cape St. John.' 'And His Majesty the King of
Great Britain consented on his part that the fishery
assigned to the subjects of His Most Christian Majesty,
beginning at the said Cape St. John, passing to the
north, and descending by the western coast of the
island of Newfoundland, should extend to the place
called CapeRaye,* instead of stopping at Point Riche.'
The Act from which the above recital of the defini
tive treaty of Versailles is taken is entitled — 'An
Act to enable His Majesty to make such regulations
as may be necessaiy to prevent the inconvenience
which might arise from the competition of His Majesty's
* 28 Geo. III. cap. 35, preamble.
152 HISTORY OF NEWFOUNDLAND.
subjects and those of the most Christian king in
carrying on the fishery on the coasts of the island of
Newfoundland.' This statute is of considerable
importance, as it seems to convey a larger concession
to the French than is recognised in any previous
statute or treaty. Its provisions are designed to cany
out an engagement made by His Brittanic Majesty to
the French king, ' Not only to insure the execution
of the last-mentioned treaty with his known good
faith and punctuality, but to give all possible efficacy
to such principles as may prevent dispute ; and 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 manner 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.'
This Act, or rather the engagement which it
acknowledges to have been made by the British
government in furtherance of the French fisheries on
the ceded shores, is regarded by the authorities of
France as having enlarged their privileges over what
they had been previously, and this alleged enlarge
ment has by some been argued to confer an exclusive
MISCELLANEOUS FACTS. 153
right over the coasts and waters in question — a con
clusion, however, which has always been successfully
resisted by those entrusted with the charge of the
British fisheries.
There are a few miscellaneous facts belonging to this
period which deserve a brief notice before bringing
this chapter to a close. And, first, as to the popula
tion contained in the island. In Sir Richard Bonny-
castle's ' History of the Settlement of Newfoundland '
it is stated that in 1785 the resident inhabitants had
reached the number of 10,244. In the work on
' British America,' by Murray, in the Edinburgh
Library, the same statement is made; while Mont
gomery Martin, in his ' History of the British Colonies,'
gives 10,701 for the year 1784. In the ninth volume
of the ' Records of the Colony,' there is an entry for
the year 1780, Avhich helps us to form an idea of the
number of persons habitually dwelling in St. John's.
The entry relates to a proposed alteration in the
streets and lanes of the town, for effecting which
every householder was rated to do, or to pay for, one
or more day's work, in proportion to his means and his
position ; the names of all the householders liable to
the rate are given, the number given being 321.
Now, supposing this list of the householders in St.
John's to be complete, and that each household con
tained five persons, which, considering the number of
servants employed in the fisheries, is perhaps not too
large an average, this would give 1,605 souls dwelling
in St. John's; and supposing the inhabitants of the
capital bore the same proportion to those of the whole
154 HISTORY OF NEWFOUNDLAND.
island then as they do at the present time, viz. about
one-fifth, then the entire population of the colony
would be somewhat over 8,000 in 1780; or if, as is
more likely at that period, St. John's had not so
large a proportion of the whole population as it has
now, then the figures would more nearly approximate
to those given by the writers before mentioned.
In 1787 Dr. Inglis was appointed Bishop of Nova
Scotia, and in the same year the Governor of New
foundland received royal instructions, informing him
that that island was within the see of the said Bishop,
to whom His Excellency was enjoined to give all fit
support and countenance, in the exercise of his juris
diction, spiritual and ecclesiastical, according to the
laws of the realm of England. The Governor was in
the same instrument commanded to permit liberty of
conscience, and the free exercise of all modes of
religious worship, to all persons in the island, who
should be contented with a quiet and peaceable enjoy
ment of the same without giving offence or scandal
to government.
In the same year a curious petition was presented
to the Governor, signed by the chief merchants of
St. John's, representing that they saw ' with sorrow
the public houses in this extensive and populous
harbour reduced from twenty-four to only twelve,'
and giving as a reason for their regret that this
diminution had very considerably decreased the
strength of the civil power, as every publican served
the office of constable — 'there being no regulation so
effectual to secure the attachment of persons serving
NEWFOUNDLAND DOGS. 155
that office to the magistrates and consequently pro
duce a readiness to serve when called upon in cases
of emergency.' Without staying to remark on the mo
rality of the motive here attributed to the guardians
of the peace, it may be said, that if all the publicans
in St. John's in this year (1863) were efficient con
stables, the capital would be in no want of police.
One of the native productions for which Newfound
land is famous in other countries is its dogs. But
from a proclamation by Governor Edwards in 1780 it
appears that either there was then manifest that cor
ruption of the breed which is so plain to visitors who
look on the canine varieties which abound in St.
John's at this day, or that their beauty was more than
counterbalanced by their noxiousness, which also is a
very common complaint at the present time. The
following is the text of the proclamation : —
Whereas it has been represented to me that the number
of dogs kept by merchants, boatkeepers, and others in this
town is become a very great nuisance and injury to the in
habitants, I do therefore hereby give notice that if, after the
31st day of August, any merchant, boatkeeper, or others
shall be legally convicted of keeping more than one dog, he
or they so offending shall pay a fine of twenty shillings for
every dog above one kept by him or them ; and I do hereby
authorise any and every person to kill all the dogs above
one known to be kept by any merchant, boatkeeper, or
others as aforesaid.
Free trade, as involving the right of an individual
to sell in the dearest market what he had bought in a
cheap one, does not seem to have been recognised by
the authorities in St. John's eighty years ago, as
witness the following record : —
15G HISTORY OF NEWFOUNDLAND.
At a court held in the Court House in St. John's, 19th
Sept. 1781.
Present : His Excellency the Governor, two Justices, and
the Sheriff.
Luke Ryan was ordered to attend the court to answer a
complaint made against him for selling beef at Is. 3d. per lb.,
in contradiction to the Governor's order of the 19th of
August, which positively directed that no person shall ask
more than Is. per lb. for beef, veal, or mutton.
He appeared, and acknowledged to have gained the hide,
offal, and 51. upon the cow he bought on Thursday last, by
selling it at the above exorbitant price. He was therefore
fined 10Z.
In 1778, a dispute arising between the merchants
and boatkeepers in Harbour Grace, the latter charg
ing the former with putting exorbitant prices on the
goods given out for the fish, Governor Edwards
settled the dispute in a peremptory manner by order
ing the parties to regulate their respective charges and
accounts by the prices at St. John's. The following
table will show the difference which led to the com
plaint : —
Prices demanded
Prices at St.
John's
in the Bay
£
s.
d.
£ s. d.
Bread, per bag .
.
1
8
0
1 15 0
Beef, per barrel .
.
3
0
0
5 0 0
Pork,
.
5
0
0
6 0 0
Salt, per hogshead
.
1
0
0
1 15 0
Butter, per lb.
.
0
0
9
0 1 0
Rum, per gallon .
.
0
6
0
0 8 0
Molasses, „
0
4
6
0 5 6
Sugar, per cwt. .
55s. to
3
0
0
5 0 0
Soap, per lb.
0
0
10
0 1 0
Candles, „
.
0
0
10
0 1 0
Tobacco, „
.
0
2
6
0 5 0
and other articles in a like proportion.
FIRST INTRODUCTION OF COAL. 157
One other item deserves to be mentioned before
bringing this chapter to a close, as it refers to the
introduction of an article which has become of prime
necessity in St. John's. In the year 1784, a letter
was received by the Governor, dated Whitehall,
informing him that orders had been transmitted to
the chief magistrate in the island of Cape Breton to
give permission to load and carry away any quantity
of coals that might be wanted for the use of the troops,
and for any public services in the island of Newfound
land. The reason assigned for this order is the
growing difficulty of procuring firewood within a
convenient distance of the capital. The article, the
importation of which was thus authorised, now forms
a considerable item in the imports of St. John's, and
contributes largely to the comfort of the inhabitants.
In the year 1862 the import of coal reached
37,494 tons.
The letter in which the information was conveyed
to the Governor, as mentioned above, bears the
signature ' Sydney' (Lord Sydney, Secretary of
State), and Sydney is not only the capital of Cape
Breton, but also contains the field from which
Newfoundland derives its coal, which is commonly
designated as Sydney coal.
158 HISTORY OF NEWFOUNDLAND.
CHAPTER VII.
1788-1800.
Admiral Mark Milbanke was appointed Governor
of Newfoundland in the year 1789. He entered on
his office at a period when there were no outward
signs of disturbance to the ordinary pursuits of the
colony, and which seemed therefore favourable to the
establishment of internal regulations, the want of
which had become very manifest. It was a time, too,
in which the world at large was in a state of peace,
without cause for serious apprehension of international
convulsions and strife. Yet this same year there was
rising in France a movement which was to advance
with rapid strides to an accomplished revolution — at
first to be regarded with admiring sympathy and hope,
and then to provoke indignation and fear, but still
destined to march on until it embraced all the nations
of Europe, afflicting them with the plague of war for
a quarter of a century.
By this wide- spread commotion, in which Great
Britain had a distinguished part to play, Newfound
land was to be shaken from its repose and gravely
affected in its various interests, as will appear in the
following pages. But before entering on the facts
IMPORTANT LEGAL CHANGES. 159
which belong to this more exciting story, a brief notice
must be given to some legal changes of great import
ance which were introduced at this period.
It has been shown in the previous chapter that one
of the great wants in the island arose from the absence
of a properly constituted court for the trial of civil
causes. This want the Courts of Session and the
Court of Vice- Admiralty, though without real authority,
had been made to supply. In this position of affairs
Governor Milbanke 'was strongly advised by his
secretary, Mr. Graham, who had been secretary to the
three preceding governors, to get something of a
court established that might stand on unquestionable
authority: and the Governor's commission being
searched for this purpose, it was found that he had
full power to appoint judges, and in cases necessary
justices of Oyer and Terminer, &c. It was suggested,
too, that judges, contrasted as the word there seemed
to be with justices of Oyer and Terminer, ought to be
considered as meaning something different from such
justices, and that, being in a popular untechnical sense
usually applied to those who preside in the three
courts in Westminster Hall, it had grown in the
minds of unprofessional men to signify more especially
judges in civil matters; that it therefore seemed the
Governor by these words had authority to institute
a court of civil jurisdiction; and he was accordingly
advised to institute a court of Common Pleas, to pro
ceed by a jury in the manner of a court of common
law in this kingdom.' * * Eeeves.
160 HISTORY OF NEWFOUNDLAND.
Though the assumption in reference to the words
of the Governor's commission was unwarranted (the
language being copied from other commissions — as
to West India, where it was meant to convey the power
of appointing standing judges as well as occasional
justices), yet Governor Milbanke acted on it by
the appointment of a court of Common Pleas and
judges in the summer of 1789. Many complaints
were urged, both against the constitution and the
proceedings of this court by parties prejudiced in
favour of the old irregular system which had prevailed
in the colony. These complaints were so far successful
as to lead to an examination into the matter by the
ministry at home, and to establish the conclusion that
' the Governor had not authority under the words of
his commission before observed upon to institute that
or any other court for civil causes.' But, instead of
the recognition of this fact leading to the abolition of
the court, it rather suggested to the Committee of
Council for Trade to recommend to His Majesty to
appoint or authorise the Governor by proper words to
appoint such a court.
However, no court was then established, and the court of
Common Pleas, instituted by the Governor, continued during
the year 1790 to proceed as before. The subject was taken
up by the Committee of Trade in the year 1791, and a bill
was presented to Parliament under their direction, for insti
tuting a court of the sort they had recommended in the
representation made in 1790. This bill passed into a law,
and, being intended as an experiment of a new judicature, it
was to endure for one year only. The result of that ex
periment was to propose another bill in the session of 1792,
COURTS OF JUDICATURE. 161
for instituting a court somewhat different from that of the
preceding bill. This also was only for a year.*
The Act of 1791 instituted a court of civil juris
diction, which court was to consist of a chief judge,
to be appointed by His Majesty, and two assessors, to
be appointed by the Governor from time to time.
The Act of 1792 established a supreme court of judi
cature of the Island of Newfoundland with full power
to hold plea of all crimes and misdemeanours, and to
determine suits and complaints of a civil nature,
according to the law of England, as far as it was
applicable to such suits and complaints. This court
was to be under a chief justice appointed by His
Majesty. The Act also provided that the Governor,
with the advice of such chief justice, might from time
to time institute courts of civil jurisdiction, to be
called surrogate courts, in different parts of the island,
from which courts, however, there was liberty of appeal
in certain cases to the supreme court.
Chief Justice Reeves was the first appointed to
preside over the supreme court in St. John's. He also
initiated the Surrogates Court in Conception Bay, the
proceedings of which were afterwards conducted by
Captain Moore. The judge had received the appoint
ment, accompanied by instructions to collect the
* Beeves. — The author regrets that here he has to take leave
of the History of the Government of the Island of Newfoundland,
which has hitherto been an invaluable guide on the subjects to
which it relates. The above extract in the text is taken from
the last page of the body of the work, which was published in
1793. M
1G2 HISTORY OF NEWFOUNDLAND.
materials from which to draw up, for the benefit of
the British Government, a statement in relation to the
condition of the fisheries — the customs of the people,
and the usages of the courts, and other matters, the
knowledge of which might be useful in further
legislation on the affairs of the colony. In addition
to the performance of these, his assigned duties, he
presented to the public a history of the Government
of the country, which, though a book of small
dimensions, is by far the ablest and most reliable
work on the country existing in the present day.
In consequence of the information furnished by him
another Act was passed in 1793 (33 Geo. III. cap. 76),
by which the administration of justice in Newfound
land was established on such satisfactory grounds, that
the statute was renewed from year to year until 1809,
when the courts of judicature instituted under it,
were made perpetual. The expense of the supreme
court thus established (in 1793) was not very extra
vagant, as appears from a letter of Chief Justice Coke,
who succeeded Mr. Reeves.
Salary of Chief Justice .
Do. Clerk ....
Do. Crier of the Court
Do. Marshal, who also acts as
porter to the Court .
Stationery .....
Concerning these charges the judge hopes that the
items three and four will not be deemed extravagant,
as the offices are necessary, ' the cost of living in this
£
s.
d.
300
0
0
40
0
0
36
0
0
36
0
0
5
0
0
417
0
0
ADMINISTRATION OF SIR RICHARD KING. 163
country dear, and the persons so employed can be made
useful by assisting the sheriff to execute process, and
such emoluments as they receive in that way can be
deducted from their salary.' All the salaries were
paid by the Crown, and were to stand in lieu of all
fees, which were to go into a common fund.
Admiral Milbanke's term of office expired in 1791,
and he was succeeded by Sir Richard King, Rear-
Admiral of the Red Squadron. During the adminis
tration of the latter little of any striking importance
occurred in the affairs of the colony. One of the prin
cipal objects of the interest and anxiety of the Governor
was the Church of St. John's, which had fallen into a
very dilapidated condition. In a message addressed
to the inhabitants on the subject, he expresses the
deep concern with which he beholds its deplorable and
ruinous state, ' at a time when the dissenting meeting
house and the Romish chapel are comfortable well-
built places of worship, suitable to accommodate their
congregations ;' and ' he persuades himself, when the
principal merchants and inhabitants at St. John's con
sider that the dissenters build their places of worship
by voluntary subscriptions, they cannot but be sensible
how disgraceful it would appear in the eyes of the
whole world, if persons professing themselves Pro
testants of the Established Church, should not cheer
fully step forward on the present occasion, and sub
scribe in proportion to their different circumstances
towards repairing the old, or building a new church.'
Meantime, His Excellency had given directions that
the Courthouse should be appropriated to religious
M 2
164 HISTORY OF NEWFOUNDLAND.
purposes, ' with a view of preventing the health of
devout persons being impaired — who, actuated by
religious principles, might, at the hazard of their lives,
attend Divine service at the church, notwithstanding
its decayed state.'
Governor King was succeeded by Sir James
Wallace, who arrived at St. John's and took posses
sion of his government in August 1794. By this
time the aspect of affairs had greatly changed both
as respects the world in general and the interests of
the island. On February 3, 1793, but a few days
after the execution of Louis XVI., the French
Convention had unanimously declared war against
Great Britain. The importance of this fact was
speedily felt in Newfoundland, which, during the
second year of Sir Richard King's government, was
busily employed in preparation for defence. The
earliest letters, orders, and proclamations dictated by
Admiral Wallace, after his arrival, denoted that the
war had become active on the western side of the
Atlantic. The following note, addressed to the
commander of his Majesty's sloop Bonetta, bears the
date August 20, 1794: —
St. Pierre and Miquelon being captured and annexed to
the Government are to be esteemed in all respects the same
as the other harbours in Newfoundland, and every en
couragement given to the fisheries, which you are to make
known by the proclamation you will receive herewith.
Jas. Wallace.
The same day His Excellency received a memorial
from the merchants of the capital, praying that 'in
WAR WITH THE FRENCH REPUBLIC. 165
consideration of the present war, and the high
premium of insurance on all property exported from
this place without convoy, and likewise the great
risk attending it,' he would order ' some ship of war
to take their vessels under her command or pro
tection.' A letter of the same date (August 20) appears in
the Records, written by Admiral Murray, congratu
lating the Governor on his appointment, in which
the writer characteristically says : —
Should the French send a larger squadron on this coast
than I can cope with, I shall give you notice, when I am
sure you will lose no time in joining me : and should you
want assistance from this quarter, you may depend on my
cooperation. On our arrival off the Delaware we fell in
with a convoy of American ships with provisions, protected
by two French frigates : we stopped fourteen of them, but
the rest and the frigates got off by the haziness of the
weather. Governor Wallace found the colony but ill provided
to repel any strong attack, should it be made by the
enemy. He had but a few companies of troops at his
disposal, and part of these were called for to strengthen
the forces in Canada. He, however, sought to make
the best of his means. He kept back the companies
asked for, until he should obtain materials by which
to supply their place. He maintained the garrison in a
high state of vigilance and disciplinary preparation,
and attended sedulously to the strengthening of the
forts and batteries. Especially he gave encouragement
to volunteering, in which he was very successful, not
only in St. John's, but throughout the island — nearly
166 HISTORY OF NEWFOUNDLAND.
every harbour and fishing settlement contributing its
quota of men, in proportion to the number of inhabi
tants, to subject themselves to drill and training,
that they might be in readiness to aid in repelling
invasion. The spirit of loyalty and alacrity in
seconding the Governor's efforts was very generally
and earnestly displayed. Still, in the lower classes
of the community there was at least so far the absence
or weakness of this feeling, as to leave room for the
outbreak of resistance against measures of compulsion
designed to strengthen the king's service ; whence
arose a tragedy which darkened the close of His
Excellency's administration for that year.
On October 18 Captain Morris, commanding the
ship Boston, received orders to proceed with the
trade bound to Portugal and Spain. The vessel being
fourteen men short of her complement, he asked
the Governor to approve his putting out invitation
bills for volunteers; when the latter expressed his
surprise that the commander did not know that he
was to get seamen by any means in his power,
evidently pointing to impressment, of which there
had already been several examples. However,
the bills were put up, but on the 24th inst. no
volunteers having offered, and the ship being intended
to sail next day, Captain Morris ordered two lieu
tenants on shore in the evening to bring off such
men as they might find idling about, which service
they performed, he said, without interruption or riot.
The following morning, after examining the men, and
giving up those whose masters appeared to claim
RESISTANCE TO IMPRESSMENT. 167
them, eight remained, who having no employ, entered
themselves for the bounty.
In the afternoon, Lieutenant Lawry (one of those
engaged in the impressment) left the ship with two of
these men, and went on shore to get their clothes
and some money that was due to them. As they
proceeded up the town, they were suddenly assailed
by a mob of people, who rescued the two men ; and
Lieutenant Lawry, being without any other arms than
his dirk, was murdered in the street.
The proceedings in this affair were speedy and
severe. The very night of the murder, the Governor,
who was on board the Monarch ready to take his
departure, issued an order to the Chief Justice, stating
that it was his intention to land at eight o'clock the
next morning, and desiring the attendance of the
judge, with the constables, and the whole force of the
civil power. Two of the ringleaders in the riot and
murder were arrested — committed by the magistrates,
and on the 28th were put on their trial in the supreme
court, where, the next day, they received the sentence
which condemned them to be hanged by the neck till
they were dead. Addition to the capital penalty
was made in this case for the first time in Newfound
land. The sheriff was ordered to deliver the bodies
to the surgeons to be dissected and anatomized.
Here was an instance of swift retribution. The
criminals had been full of lusty life and riotous
liberty on the Saturday evening. On the Tuesday
they stood in peril before the tribunal of justice : on
the Wednesday they heard the sentence of death
168 HISTORY OF NEWFOUNDLAND.
passed on them; on the Friday they were dangling
lifeless from the gallows, and on Saturday — all with
in a week, they had probably become the mangled
offensive material of the dissecting room.
In the spring of the following year, when the
Governor was in England, he made application to the
ministry for an increase to the means of defence in
the island. In answer to this request, he was
authorised to raise a Newfoundland Corps of 600
men, consisting of one company of grenadiers, one of
light infantry, and eight battalion companies. This
measure was put into effect in the course of the year,
and appears to have been attended with great success.
On the return of His Excellency to St. John's, he
resumed his activity in holding the place in readiness
to repel invasion, which seemed imminent. To
prevent desertion from the ships, he issued orders to
all the magistrates, that no seamen were to be allowed
to pass through their several districts, without a
passport signed by the Governor or his surrogate.
He also commanded returns to be immediately made
of the number of inhabitants in the town capable of
bearing arms or fighting the batteries. At the
same time, he published the subjoined general
orders : —
In case of the enemy appearing on the coast, to guard
against an attack, and to prevent as much as possible the con
fusion that generally arises from an event of that kind, the
Governor has thought proper to order that all the inhabitants
capable of bearing arms should be appointed to repair to the
different posts intended for the defence of the place.
Therefore the garrison and volunteers will parade on the
EXTENT OF THE TRADE IN 1795. 169
exercising ground on the 12th inst. (August), at which time
and place the Governor expects that all persons who, upon an
emergency, can bear arms, will assemble for his inspection,
when their different alarm-posts will be pointed out to them.
This year passed away without bringing any attack
to test the spirit of the people, or the value of the
preparative measures made by the Governor against
such an event. In this place, therefore, there may be
fitly introduced a statement given to the world by
some writer in 1796, and quoted by Anspach in his
history of the colony, showing the extensive trade
and fisheries carried on in the previous year. The
statement was made at a time when serious appre
hensions were entertained in England respecting the
safety of its dependency.
To give a proper idea of the trade of the Island of New
foundland, and its consequence to this kingdom, the following
is a statement of its produce, and of the property employed
therein during the last year, viz. 1795 : —
400 sail of shipping, 38,000 tons at per ton
500,000 quintals of dry fish at per quintal
1,000 barrels of herring, at
3,700 frails of salmon at per frail
3,300 tons of oil at per ton
4,900 seal skins at .... .
2,000 shallops and boats valued, large and
small, with their fishing craft, upon an
average each, at . . . 30 0 0
Sundry merchandise, at that time in store, amounting in
value to about three hundred thousand pounds.
Making an aggregate of nearly one million, two hundred
thousand pounds.
The alarm felt in the mother-country in reference
£
s.
d.
7
0
0
0
18
0
0
10
0
2
0
0
25
0
0
4
0
0
170 HISTORY OF NEWFOUNDLAND.
to such a valuable possession, was partially justified
in the year following that respecting which the
above statistics are given. On September 2, the
citizens of St. John's were publicly notified of the
gravity of the situation in which they were placed by
the following proclamation : —
Whereas a large fleet of the enemy's ships are now off this
harbour, and I have every reason to think they intend to
attack this town and garrison ; the better to be enabled to
make a proper defence, I deem it expedient that martial law
should be proclaimed, and it is hereby proclaimed accordingly.
Given under my hand at Fort Townshend,
September 2, 1796.
Jas. Wallace.
Along with this proclamation, general orders were
given out directing different classes how to conduct
themselves to meet the peril to which they were
exposed. The Royal Newfoundland Regiment was
to be under arms — a captain's picquet to mount at
sunset — an encampment to be struck; and officers
and men to hold themselves in readiness to march at
a moment's warning. The seamen and others that
had offered their services were to obey the command
ing officer of the fort or battery to which they
were assigned. The magistrates were enjoined
on their peril to see that no person of any
district whatsoever should be permitted to travel
from harbour to harbour without a pass from the
Governor, or those deputed by him. The signals were
also made known by which to distinguish the king's
ships from those of the enemy, ' when in action.'
APPREHENSIONS OF INVASION. 171
A letter written by the Governor, apparently for
the information of the Lords of the Admiralty,
explains with some detail the occasion of this excite
ment and precaution as it appeared to those who
occupied the scene of danger : —
Be pleased to inform their Lordships, that early in the
morning of the 1st inst. nine ships of war were seen from
the point of Petty Harbour, about two leagues from hence.-
They were observed to detain some fishing boats, and con
tinued for some time manoeuvring and reconnoitring off Cape
Spear. At three o'clock in the evening they stood in for
the harbour. We had various accounts of their strength, but
enclosed is one I think may be depended on. They stood
backwards and forwards across the harbour. Night coming
on we could not observe their further motions.
But at nine o'clock in the morning of the 2nd inst. they
were seen standing to the southward. Early in the morning
of the 3rd they were seen about a league from the land to the
northward. About twelve, a frigate came from the southward,
and joined them. About two, the whole stood in within two
or three miles from Fort Amherst, and hove to. The lead
ing ship of the line had a national jack at the maintop-
gallant mast head. At half-past three, they filled and stood
off. At six, they were seen standing in again towards Cape
Spear. At seven in the evening of the 4th, I received an
express informing me that the squadron was in the Bay of
Bulls; on the 5th that they had set the town on fire; on the
6th a gale of wind came on, and prevented their further pro
gress ; on the 8th they unmoored, and got under weigh.
We are not able to guess their design, or what they will
further attempt. You will see by the enclosed (No. 2), what
has been done for the defence of the place.
The above letter contained two enclosures, the first
of which gave the testimony of an eye-witness, who
had been appointed to watch the movements of the
172 HISTORY OF NEWFOUNDLAND.
enemy, and describing the squadron as consisting of
one eighty, six seventy-fours and one thirty-eight gun
frigate. The second enclosure thus sets forth the
means of defence for the capital :—
The force at St. John's consists of one fifty, two frigates,
and a sloop of war, as named in the margin, the Royal
Artillery and Newfoundland regiment, 561, and the volun
teers 52 men, which i3 greatly inadequate, if we consider the
extent of the posts we have to defend ; but every precaution
has been taken to prevent their (the enemy) succeeding, should
they either attempt to land on this part of the island,, or to
force the harbour. All the troops are drawn out, and the
batteries manned by them or the inhabitants, and martial law
proclaimed. I have laid an embargo on the trade, &c. &c, in this port,
and allotted different stations to the masters of the several
ships and their crews; I have thrown a boom across the
harbour, and fitted out the fire-ships, and so stationed the
squadron, that, with the assistance of the forts, I should
scarcely think they would succeed, were they hardy enough
to make the attempt.
The principal exploits of this fleet, which excited so
much alarm, was the complete destruction of the little
town in the Bay of Bulls, the burning of several
vessels and boats, and the taking some prisoners,
among whom was the magistrate of the district. The
enemy proved to be the French squadron under Rear-
Admiral Richery. From the declarations made sub
sequently by two masters of vessels who had been
taken prisoners, it appears that Admiral Richery had
hoped to be at St. John's before the arrival of the
Governor, and by running into the harbour, make an
easy and speedy capture ; but was greatly disappointed
ABANDONMENT OF THE INVASION. 173
on learning that Sir James Wallace was there before
him, and prepared to defend the town. One of the
declarants gives some interesting details of conversations
had with him on board the Jupiter, the French Flag
ship. Being asked when at the Bay of Bulls, ' the
distance from thence to St. John's, and how the road
was, he informed them that the road was very bad
and narrow, that only one man could go on it at once,
and it was impossible to take cannon. On this, the
officer with whom he was conversing said, that they
did not intend to take cannon, but to march as quick
as possible, summon the garrison to surrender, and in
case of refusal, they would take it sword in hand, and
put everyone to death without distinction of either
age or sex.' This witness, even when a captive, did
not shrink from the duty of telling a lie for the good
of his country, for when ' he was asked what strength
there was at St. John's, he informed them, 5,000 at
least, and that had they attempted the harbour, they
would not have succeeded, as there was a boom and a
chain across it, and 200 guns would play upon them
at the same time.' He naively adds, ' they seemed to
doubt the number of the men, but on his repeating it,
the officer to whom he was speaking went to Admiral
Richery and they conversed together, and from that
time he thinks all thought of attacking St. John's was
given up.'
Considerable alarm had been occasioned in England
by the first accounts of these events in Newfoundland,
the news being to the effect 'that the French had
actually landed 1,500 men at the Bay of Bulls and
174 HISTORY OF NEWFOUNDLAND.
2,000 at Portugal Cove in Conception Bay, from
which they were on their march against St. John's.'
(Anspach.) 'At the same time,' says the same
writer, ' the patriots of France were amused with the
authentic information that Admiral Richery had
summoned St. John's, the capital of Newfoundland,
to surrender, had captured a considerable number of
ships and fishing vessels, and above 1,000 sailors,
whom he had sent to the Island of St. Domingo.'
Nothing further of any importance occurred in
the island during the brief remainder of Sir James
Wallace's stay. Before his departure, the Governor
received addresses from different parts of the colony,
as well as from St. John's, expressing the gratitude of
all classes, for the wise and efficient measures he had
taken for the protection and defence of the country.
His successor was William Waldegrave, Esq., Vice-
Admiral of the Blue Squadron. This gentleman, after
wards Lord Radstock, of strong religious feelings and
principles, manifested an earnest interest in all that
affected the civil order and the social life of the com
munity placed under his charge. But he came to the
country at a time which called for the display of the
stem qualities of the British sailor.
It was that dark year in the history of Great Britain
(1797) when an almost universal spirit of mutiny
broke out in the fleet at the Nore, in the Channel and
off the Texel, — when for a season the mutineers
blockaded the Thames and addressed themselves in a
tone of menacing audacity to the Government. By
the middle of June, this insurrection was quelled in
MUTINY ON BOARD THE LATONA 1797. 175
the United Kingdom, and the ringleaders punished.
But the seeds of the disorder had spread to other parts
of the world, where the English navy was stationed,
and some of them germinated in St. John's, Newfound
land. Though the discovery of this fact stirred up
great apprehension at the time, yet the fact itself, as
proved afterwards, was of comparatively small dimen
sions, — confined to one ship, the Latona.
The Governor thus describes the outbreak of the
affair, in an official letter to the Duke of Portland,
dated August 14, 1797 :—
My Lord, — As the very atrocious behaviour of the
Latona's ship's company at this place will no doubt be much
talked of in England, and the circumstances probably greatly
exaggerated, I shall be obliged to enter into a more minute
detail of the affair than at first may appear as coming within
your Grace's department.
On the 3rd inst. the fore-top men of the Latona refused to
go aloft, and in a body desired to be put in irons. On Captain
Sotheron's proceeding to punish the ringleader, the men
swore he should not be punished. However, upon all the
officers drawing their swords, and the marines presenting
their bayonets, on which some of the mutineers pricked them
selves before they would retreat, the punishment was ex
ecuted. The language afterwards of the seamen when in
their hammocks was terrible. The marines were threatened
to be thrown overboard, and bloody work promised so soon as
the ship should be in blue water. The conduct of these
wretches on shore has been no less wicked and daring. They
have certainly endeavoured to sow sedition within the garrison,
besides committing many outrages on divers occasions. On
Sunday, the 6th inst., a ship having the preceding day
brought the joyful news of Parker's execution, and the
mutiny in the fleet, in consequence, being entirely quelled in
England, I thought it would be a proper opportunity to
176 HISTORY OF NEWFOUNDLAND.
address a division of the Latona's ship's company. This I
did, as will appear (No. 2), the seamen at the time being
surrounded by the marines, Royal Artillery, and flank com
panies of the Royal Newfoundland regiment. My speech
seemed not only to affect the mutineers, but most of the by
standers, both military and civil. Upon the whole, I may
venture to say, it was of much service, as will sufficiently
appear by the enclosed addresses, which speedily followed.
The speech referred to in the above letter is
sufficiently striking to justify a few extracts. It was
delivered on the Sunday morning, just before church
time. The first paragraph is to the marines, to whom
the Governor said:—
I am happy to have this opportunity of thanking you in
person for your very gallant and steady behaviour in support
of your officers. You have shown yourselves to be good
soldiers, and true and faithful friends to your king and
country. There is not a person in St. John's but what
feels a regard and esteem for you, while, I am sorry to say,
that they look on the seamen of the Latona with equal
horror and detestation, and indeed it is impossible that they
should do otherwise, considering the infamy of their conduct,
both on shore and afloat.
He next directed his observations to the latter in a
different strain.
After uttering the hope that there might be among
them ' some single honest man and lover of his king
and country,' he adds : —
But if I am to judge from your conduct, I must think
that the majority of you are either villains or cowards. If
the greater number of you are against your officers, and
refuse to obey their lawful commands, I have a right to say
that you are traitors to your king and country.
If there are only a few bad men among you, which you
MUTINY ON BOARD THE LATONA. 177
pretend to be the case, I maintain that you are a set of das
tardly 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.
His Excellency had a pleasant way of conveying to
his audience the latest intelligence in which they
were interested: —
You were all eager for news and newspapers, to see how
your great delegate Parker was going on. I thank God, I
have the satisfaction to inform you that he is hanged with
many others of his atrocious companions. You looked up
to him as an example whilst he was in his glory. I recom
mend you to look to his end as an example also. You may
now indeed reap the advantage from contemplating the
conduct of this vile incendiary.
Warnings were not wanting to give effect to this
discourse : —
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 by your mutinous behaviour 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, in any mode whatever.
The Governor could be earnest and pathetic in
exhortation : —
Reflect, before it be too late, what must be the conse
quence of your continuance in your present state of riot and
insubordination. I now call upon you all who pretend to
be honest men and loyal subjects, to step forward and show
N
178 HISTORY OF NEWFOUNDLAND.
yourselves to be such. I call upon you all, not only in the
name of your sovereign, but in the name of all true English
men, in the name of your wives, children, and friends, to
return to a proper sense of your duty, that you may wipe
off, if possible, the stain that you have brought on the
name of British seamen.
The application and conclusion, to use homiletic
phraseology of this Sunday morning open-air lecture,
are sufficiently pious, practical, and laconic : —
Now go into church, and pray to 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. One of the worst evils arising from the mutinous
conduct of the men of the Latona, was the suspicion
and fear which it awakened, as respected not only
the rest of the ships' companies, but also the other
branches of the service. For a season men seemed
not to know whom to trust, and each one felt himself
an object whom others regarded with distrust. After
the Governor's speech, from which some extracts have
been given, the non-commissioned officers, drum
mers, and privates of the Royal Newfoundland
regiment sent an address to His Excellency declaring
their loyalty, and expressing their regret at a
malicious report spread about by evil designing
persons, supposing the possibilify of their want of
duty and allegiance to their beloved king, country,
and constitution ; adding, ' and as a proof of our
honour on this occasion, we hereby offer a reward of
twenty guineas to any person who will apprehend any
person or persons who shall endeavour diabolically to
EXAMPLES OF MILITARY LOYALTY. 179
alienate us from our affection to the service of our
country.' The next to make an attestation of their loyalty
were the non-commissioned officers and gunners of
the artillery stationed at St. John's, who, having heard
with satisfaction of the conduct of their brethren
in England, and desiring to show their approbation
of such conduct and to conform themselves to the
unsullied character of the regiment, offered ' a reward
of thirty guineas to any of the Royal Artillery who
shall bring to conviction, before a magistrate, any
person or persons who may endeavour by seditious
writings or otherwise to seduce them from their
duty.' Not to be behindhand in these professions and
signs of allegiance, the petty officers and seamen of
the Latona forwarded an address to His Excellency,
in which they say---' We have heard the address made
by the Newfoundland regiment of volunteers to your
Excellency, as also your Excellency's answer, wherein
we find a reward of twenty guineas offered to anyone
who shall certify to your Excellency the name or
names of any person or persons whomsoever, guilty
of any seditious, mutinous, or disloyal words, or
lukewarm towards his king or country. We
therefore take this opportunity of informing your
Excellency that we consider ourselves as loyal to our
king and as ready to defend our glorious Constitution
as any regiment or other set of men whatsoever ; and
as a justification thereof, we humbly pray that your
Excellency will make known to the inhabitants of
N 2
180 HISTORY OF NEWFOUNDLAND.
St. John's that we are determined to suppress all such
behaviour, and do hereby offer a reward of fifty
guineas to anyone who will detect an offender or
offenders of the like behaviour, in order that they
may be brought to that punishment which they so
justly deserve, and which it is the duty of every true-
born Englishman to endeavour to have inflicted.'
In his answer to this last address, the Governor
dryly reminds the subscribers that there was an
easier and a cheaper way of displaying their zeal
and loyalty than the offer of fifty guineas for the
detection of possible offenders, viz. — the giving up
of the ringleaders in their late actual mutinous
crime. Though Admiral Waldegrave continued as Governor
of the island until the year 1800, during the whole
of which period Great Britain was at war with
France, yet in his time the colony was but little
disturbed directly by the course of warfare, after
the mutiny of the Latona. That display of insub
ordination was only the symptom of a wide-spread
plague, which the British Government applied itself
earnestly to cure by other measures than those which
belonged to a stern repression of the outbreak. On
enquiry it was discovered, indeed, it forced itself on
the recognition of the authorities, that there were well-
founded reasons for complaint in both the naval and
military branches of the service. A wise deter
mination was formed to redress these complaints by a
removal of their causes. One measure to this end
was augmenting the pay of the men engaged in the
REFORM IN NAVAL MANAGEMENT. 181
country's defence, a measure the benefit of which
was shared by the troops in Newfoundland, in
making known which they were addressed with the
congratulations of the Governor. Another beneficial
proceeding was an examination into the condition of
the provisions served out to the men, with a view
to their being furnished with what was good and
wholesome, instead of such as a dog would refuse to
eat. The inquisition into this matter in St. John's
revealed a horrible state of things, testifying to a
shameful culpability on the part of contractors or the
agents of the Government, or of both. As an ex
ample of these disclosures, here is a portion of a
report signed by the captain and two ensigns of the
Royal Newfoundland Regiment, who, at the order of
the Governor, took a strict, careful, and impartial
survey of His Majesty's victualling stores. It is
dated October 1798 :—
Pork. — Twelve thousand one hundred and eighty pounds,
in three thousand and fifty-six pieces, of which thirty-three
pieces are serviceable, and three thousand and twelve pieces
are unfit for men to eat.
Flour. — Fifty-two thousand eight hundred and thirty-six
pounds, in one hundred and thirty-eight tierces, and thirty-
three barrels, totally unfit for use.
Butter. — One thousand and twenty-five pounds, in fifteen
barrels, totally unfit for men to eat.
Beef. — One thousand and forty-eight pounds in two
tierces and two barrels, totally unfit for men to eat.
Pease. — One thousand six hundred and forty gallons, in
forty-one casks, totally unfit for men to eat.
Another subject to which the Governor's attention
182 HISTORY OF NEWFOUNDLAND.
was given, with the aim of making an improvement
for the benefit of the poorer class in general, and of
the soldiers in particular, was the lack of a specie
currency, especially in the inferior coinage. So great
was the scarcity of copper coins, that he said some of
the fishermen had lost the sense of the value of money,
almost looking on the sixpence as the very lowest
piece, for the gift of which, for the most trifling ser
vice, they would scarcely return a ' thank you.' This
state of things was the occasion of a good deal of
imposition on the humbler classes. If, for example,
one of them went into a store to buy a threepenny
loaf, tendering a sixpence, the shopkeeper had no
change, or pretended he had not, and recommended
the customer to take out the balance in a dram, which,
says the admiral, was seldom declined. The soldier
suffered the most from this scarcity. The paymaster,
not having money, had to give out orders on the mer
chants, which, when presented by the recipient, he
had to take out for the most part, in goods — sometimes
of a kind he did not want ; for the rest, he received a
small bill on some house in England or Scotland,
which another merchant or shopkeeper would be oblig
ing enough to cash for him, at a discount of ten per
cent. This was such a crying evil, at the time of the
revolt on board the Latona, that His Excellency de
clared to the authorities at home, that if he had not,
in anticipation, sent a ship for some specie from Hali
fax, it was his belief that the mutiny would have been
general in the squadron and in the garrison. As the
result of his rejaresentations on this point, he returned
QUESTIONS OF OFFICIAL ETIQUETTE. 183
to his government in 1798, with 6,0001. in specie,
2,000^. of which was in small coin of pennies and
twopences. While the admiral was thus considerate of the wants
of those in a humble position under his authority, he
was very careful to maintain the dignity of his own
position, both civil and military. During his adminis
tration there took place a considerable amount of
correspondence between him and the Duke of Kent,
commander-in-chief of His Majesty's land forces in
North America. His Royal Highness wrote to the
Governor of Newfoundland giving some directions
which implied the subordination of the latter to him
self. This the other would not allow ; but while com
plying with the duke's wishes, did so with a saving
clause — which asserted that he considered himself to
be the only commander-in-chief over the forces in
Newfoundland. The controversy was carried on with
great courtesy and friendliness on either side, both the
admiral and his royal correspondent professing the
utmost respect for the opinions of each other, and
mutually stating that whatever their opinions might
be, the king must decide between them. At length
the decision was given, and it was in favour of the
Governor of Newfoundland — that island being ex
cepted by name from the jurisdiction conveyed by the
commission to the commander-in-chief of the other
provinces. The subject of the native Indians comes before
the reader of the Records of this period, but only
with such a degree of obscurity as to tantalise and
184 HISTORY OF NEWFOUNDLAND.
disappoint, instead of satisfying him. The Governor's
principal informant, in reference to this interesting
matter, was a Mr. John Bland, of Bona Vista, who
seems to have given much attention to the aborigines
— so far as to have shaped out for himself theories
respecting them — but does not furnish very reliable
information; what he gives appears to be at second
hand. The substance of what he had to tell in rela
tion to them, as apparent matters of fact, lies in the
following sentences : —
It is so long ago, as I am informed, since an Indian named
June died. This savage, the first remembered to have been
in our possession, was taken when a boy, and became expert
in all the branches of the Newfoundland business. An old
man in this bay, who knew June, has told me that he
frequently made visits to his friends in the heart of the
country. Since the death of June, August, who died a few
years ago, has been the only Indian in our possession. This
man was taken when an infant. August fell from his
mother's back, who was running off with her child when she
was shot, and I have been told by those who were intimate
with August, that he has frequently expressed a wish to
meet the murderer of his mother, that he might revenge her
death. I only mention this circumstance to show that a
Newfoundland Indian is not destitute of filial affection.
Rather a curious illustration !
The Church of England in Newfoundland is deeply
indebted to Admiral Waldegrave. It has been men
tioned in a previous page that the place of worship in
St. John's had fallen into such a dilapidated condition
as to be unfit to hold service in, and that the Court
house had to be fitted up for that purpose. This was
an evil state of things, which the Governor employed
CHURCH-BUILDING IN ST. JOHNS. 185
himself earnestly to remedy. He subscribed liberally
himself; he procured a generous donation from the
Society for the Propagation of the Gospel. He ob
tained a gift of 6001. from the king, a grant which was
afterwards increased. With these helps, conjoined
with the spirited endeavours of the merchants and
chief inhabitants of the capital, His Excellency had
the satisfaction, before his rule ended, of seeing a
commodious church edifice growing up to completion.
He also exerted himself, and successfully too, to ac
quire for the church a large space of ground for the
burial of the dead. While thus mindful to augment
and improve the material property of* the Church, he
manifested an equally lively solicitude on behalf of its
clergy. He made their case (a sufficiently hard one)
known both to the British Government and the Society
for the Propagation of the Gospel, with such effect as
to obtain for them an increase to their stipends ; and
this, too, on a basis of greater certainty than that on
which they had hitherto been received. According to
Anspach, who arrived in Newfoundland in 1799, the
Governor had occasion to be grieved by the extensive
inoculation of the community with the low infidel
sentiments derived from such works as ' Paine's Age
of Reason,' to counteract which, he caused to be
distributed 250 copies of Bishop Watson's ' Apology
for the Bible.' Gratefully appreciating the efforts
of His Excellency to promote the interests of the
Church, the Society for ihe Propagation of the Gospel
passed the following resolution at its annual meeting
in 1798: —
186 HISTORY OF NEWFOUNDLAND.
Resolved, that the thanks of this Society be given to the
Honourable Vice- Admiral Waldegrave, for his active ser
vices in the cause of religion in Newfoundland.
Charity, as well as religion, engaged the thought,
and called forth the exertions of this active Governor.
In a letter dated August 31, 1797, addressed to the
magistrates and principal inhabitants of St. John's, he
writes feelingly on a subject which has since become
of serious importance to the colony, viz. — some regular
provision for the poor. In that communication, he
states that the first object which attracted his attention
on his landing was the wretchedness of the lower in
habitants of the *town. This led him ' to enquire into
the provision which he conceived the wisdom of the
laws must have made for the poor;' when, to his
astonishment, ' he was informed no such provision was
made.' After acknowledging the liberality of the
richer inhabitants, in relieving cases of destitution, he
urged the formation of an organization, to raise by
annual subscription among the people generally a fund
sufficient to administer some regular and permanent
relief, offering himself as a subscriber of 201. This
suggestion was cordially embraced by the inhabitants
assembled in public meeting, all classes contributing
to the fund.* It was followed by a proclamation
containing a plan for the general relief of the poor in
the island. This scheme, though on a voluntary basis,
* The number of persons relieved from this fund during the
winter of 1798-9 was 626, in St. John's alone, many of whom,
it is stated by the distributors, must, in all likelihood, but for such
aid, have absolutely perished for want.
EXPENDITURE FOR THE RELIEF OF THE POOR. 187
seems to have been the first attempt to make regular
provision for the necessities of the pauper population.
Could Admiral Waldegrave have foreseen to what
portentous dimensions the plan initiated by him would
grow, and what form it would assume, in little more
than sixty years from his day, he would probably
have been filled with a measure of surprise and sad
ness, equal to what he felt when he first came into
contact with the poverty of St. John's. In the esti
mate laid before the House of Assembly for the year
1863, the public expenditure of the colony is set down
at 90,000/., of which 30,000/. is for pauper relief!
The Governor formed no very high opinion of either
of the two classes of the population subject to his
authority. The labouring population he considered
to contain such elements of misrule and danger as to
lead him to make urgent representations to the Minis
try of the necessity of the chief justice * being under
obligation to winter im the island. On his suggestion
being acted upon, so far as to forbid the judge to leave
his post without a special permission, the admiral thus
writes to the Duke of Portland : —
May I be permitted to represent to your Grace, that no
such indulgence can be granted for the present, without a risk
of its being attended with the most fatal consequences to the
Island of Newfoundland. Your Grace is well acquainted that
nearly nine-tenths (?) of the inhabitants of this island are
either natives of Ireland or immediate descendants from them,
* The above Chief Justice Routh was very wishful to leave
the island, to spend the winter in England, and return in the
spring. Two years from this date (1798) he set sail from England
to Newfoundland, and was never heard of afterwards.
188 HISTORY OF NEWFOUNDLAND.
and that the whole of these are of the Roman Catholic per
suasion. As the Royal Newfoundland Regiment has been
raised in the island, it is needless for me to endeavour to
point out the small proportion that the native English bear to
the Irish in this body of men. I think it necessary to men
tion this circumstance, in order to show to your Grace how
little dependence could be placed on the military in case of
any civil commotion in the town of St. John's. It is there
fore to the wise and vigilant administration of the civil
power that we must look to preserve peace and good order
(the present times considered *), in this settlement.
His Excellency's estimate of the merchant class was
scarcely more favourable than that which he formed
of the labourers. Some of the former had made com
plaints on the subject of the emigration of some of the
inhabitants from the Bay of Placentia to Nova Scotia
and the United States of America.
In forwarding a letter containing such complaints
to the Duke of Portland, the Governor accompanied
it with the following remarks — ' That the merchants
of Burin should consider the emigration in question
as a very serious grievance to them, I can readily
suppose, as, could these emigrations be checked, the
whole of the money carried off from Burin and its
environs by the emigrant would find its way to the
pockets of the merchants of that place. The accom
panying letter from Mr. Ogden will sufficiently explain
the cause of the emigration of the wretched inhabi
tants. To remedy this evil will be no easy matter to
devise; but one point seems clear, and this is, that
* This letter was written in June 1798, immediately after the
outbreak and suppression of the Irish Rebellion.
PETTY TYRANNY OF MERCHANTS. 189
unless these poor wretches emigrate, they must starve ;
for, how can it be otherwise, while the merchant has
the power of setting his own price on the supplies
issued to the fishermen, and on the fish which these
people catch for him ? * Thus we see a set of unfor
tunate beings, working like slaves, and hazarding their
lives, when, at the expiration of their term (however
successful their exertions), they find themselves not
only without gain, but so deeply indebted as forces
them to emigrate, or drives them to despair.'
The repugnance to taxation was as strongly
characteristic of the leading people in Newfound
land, as in any of the colonies. In a conversation
with the Chief Justice, the Governor expressed his
sense of the impropriety of the mother- country having
* The following memorial addressed to the Surrogate in Pla
centia Bay, describes the practice to which the Governor refers : —
' Your memorialists having seldom seen a gentleman of your
virtue and disinterestedness come among them as Surrogate, are
encouraged to lay their grievances before you, particularly with
a view that unless they are redressed, that you will be so good
as to represent their case to His Excellency the Governor. Your
memorialists beg leave to inform your worship that the merchants
of this place are long in the habit of charging such prices as best
suit themselves, on the boat-keepers, and likewise affixing prices
to their fish and oil, without allowing them, the boat-keepers, the
common right of mankind, they being considered as persons
having no will of their own. Your memorialists only wish to
have an equitable price set on goods, and also in the produce of
their fishery, and to be regulated in an equal manner with the boat-
keepers in St. John's and its neighbourhood, and not considered
as slaves. Your memorialists most humbly crave your worship's
particular attention to this their complaint, and as in duty bound,
will for ever pray.
Placentia, August 19, 1800.
190 HISTORY OF NEWFOUNDLAND.
to defray nearly the whole cost of the Government of
the countiy; when a duty of sixpence per gallon on
rum would defray all charges, and would not be felt
by the people. He also said that he should like to
know how the merchants would look on such an
impost. On this, the Chief Justice took upon him
to ascertain their sentiments; and in answer to his
appeal, received a letter expressing very decided
repugnance to any proposal of the sort. ' We should
be extremely concerned,' the writer says, 'to see any
species of taxes introduced into this island, which
would inevitably be burdensome and inconvenient to
the trade and fishery in general, and we trust that in
the wisdom of His Majesty's ministers, no such innova
tion will take place.' On this topic, the Governor
remarks later, in a letter to the Duke of Portland : —
I cannot but here once more lament the injustice of this
(the costs connected with courts of justice), and many other
expenses incurred in this island, falling on the mother-
country, when the duty on rum, that I once had the honour
to propose to your Grace, would so readily defray the
whole of them. This must ultimately take place, as both
reason and justice demand it, and no one reasonable objection
has ever been offered against the measure. I affirm, that all
that has been said against this duty arises from no other
motive than an insolent idea of independence (which will
some day show itself more forcibly) and a firm resolution to
oppose every measure of government which a governor may
think proper to propose for the general benefit of the island.
The Governor was very strict on the subject of
encroachments, to which reference has been made
before in this work. Having on the eve of his
STRICT ORDERS AGAINST ENCROACHMENTS. 191
departure in 1797, given orders to the sheriff not to
allow any erections to be put upon ungranted land
during his absence, he received on his return the next
season a report from that functionary stating that
there had been only a few enclosures or erections,
some of which were justifiable, and others too in
significant to interfere with. This report was
answered by the following sharp letter : —
Sie, — I am sorry to say I was no less displeased than
astonished by the contents of your letter to me of the 27th
instant. The orders you received from me previous to my
departure last season, dated October 23, were positive, and so
clear as not to be mistaken, if perused with common attention.
You have, nevertheless, suffered a Mrs. Gill to erect a
fence on the plea of having received a grant for that pur
pose from Admiral Duff. If Mrs. Gill has this grant, why
was it not produced to me during last season ? And why
has the enclosure been made during my absence ? I sus
pect much the validity of this grant. I desire therefore
that you will bring it to me to-morrow at ten o'clock. At
all events, you should not have suffered Mrs. Gill to erect
the fence before my return, the spot having been heretofore
occupied for the use of the fishery, for which purpose it was
probably granted.
Your having suffered Thomas Nevan to put up what you
are pleased to call a few sheds, is clearly an infraction of
my orders ; you will therefore direct him to remove them
immediately ; which, if not complied with, I desire that you
will yourself see this order executed.
You will take good care that Jeremiah Marroty and
John Fitzgerald do not erect chimneys to their sheds, or
even light fires in them of any kind.
I shall conclude this letter with informing you that if you
at any time hereafter presume to disobey my orders, as in
the instance above set forth, I will immediately, on the
discovery thereof, remove you from your office of sheriff.
192 HISTORY OF NEWFOUNDLAND.
During the period embraced in the narrative con
tained in this chapter, evidence was afforded of a
growing change in the minds of many in regard
to the system which had so long been predominant
in the island. Even the merchants had come to see
that there was an advantage to them, in finding
abundance of fishermen resident in the country, in
stead of having to be at the cost of conveying them
to and from the west of England or Scotland. They
made a representation to Governor Waldegrave,
soliciting a relaxation of the rule which required
the departure of the fishermen at the close of the
season. The same feeling which moved them to
make this request, also led them to desire a with
drawal or modification of the prohibition against
appropriating and enclosing unoccupied portions of
the soil. These new ideas were in due time to bring
forth fruits in a radical change.
Previous to the embarkation of Admiral Walde
grave, on his taking final leave of the colony, over
which he had exercised chief authority for three
years, very earnest addresses were presented to him
by the magistrates of St. John's, and from the officers
of the garrison, expressive of their deep sense of the
benefits which he had conferred on the community;
making special mention of the benevolent interest he
had shown towards the poor, so that by his humane
and judicious arrangements, charitable institutions
were for the first time formed in the country, also
his liberal gifts and zealous exertions on behalf of
religion and morality, and his kind and prompt
CLOSE OF WALDEGRAVE'S ADMINISTRATION. 193
attention to the rights and interests of individuals,
as well as his unremitting endeavour to promote the
good of the fisheries and the trade and commerce of
the island.
In concluding this chapter, in which Governor
Waldegrave and his administration occupy so large
a space, two examples shall be given of his conscien
tiousness. The first has somewhat the appearance of
a muffled joke. A person applied to His Excellency,
asking him to grant a certificate of his (the applicant)
having done the duty of naval officer from May 28,
to September 27, 1799. To this request, the Governor
immediately replied: —
Sir, — I have this moment received your letter, and am
concerned that I cannot consistently grant a certificate of
your having positively performed the duty of naval officer
from the 28th of May last to the 27th ultimo, but will
readily certify that you have made a representation to me to
that purport.
The other instance, which has also a spice of dry
humour about it, is headed : —
A HINT TO MY SUCCESSOR.
Whereas, on my first arrival at this island, many persons
came to me with assurances of my predecessor having
promised them grants of land, which the hurry of his depar
ture prevented him from executing, I very imprudently,
without enquiry, filled up the grants accordingly, deeming
my so doing a compliment to the late governor.
I have since that period had too much reason to believe
that the above representations, with scarce an exception,
were very far from correct — I will not use a harsher term. In
order to prevent any circumstances of the kind happening
O
194 HISTORY OF NEWFOUNDLAND.
to my successor, I do hereby declare that I have made no
promise of any grant of land whatsoever save one to the
commanding officer of His Majesty's troops for the time
being, and even this under a restriction that it shall never,
under any pretence whatsoever, be let, held, or enjoyed by
any other person than the said commanding officer.
The spot to be thus granted is situate at the Black Marsh,
the quantity of ground, from four to six acres, more or less.
Wm. Waldegrave.*
To those engaged in the seal fishery at the present
day, sending out large vessels, with crews of from
fifty to eighty, it may be interesting to read the
following extract of a letter of the naval officer at
Harbour Grace addressed to the Governor, showing
with what kind of craft, and what number of hands
the voyage was prosecuted sixty-five years ago : —
The account of the decked vessels and open boats employed
in the seal fishery, I conceive will attract your Excellency's
attention, when you consider not only the great advantage
of the seal fishery, and the adventurous undertaking in their
boats of about thirty or forty tons burthen, manned with from
eight to ten hands, who encounter the storms in the months
of March and April, thirty or forty leagues from land, which
I am convinced makes more and better seamen in one season
than the cod fishery does in seven ; and if Government could
be induced to grant a small bounty to each boat or vessel
carrying ten hands, three of which should be green men,
* Though the war between Great Britain and France was raging
during the whole time of Waldegrave's administration, New
foundland does not appear to have enjoyed the usual concomitant
of such a state of things, and partial compensation for its evils,
viz. high prices for its produce, for in a letter of the governor it is
stated that in 1798 cod fish was only ten shillings and ninepence
a quintal.
THE SEAL FISHERY. 195
such as never were sealing, it would become an extraordinary
nursery for seamen.
In another letter, written by a different person
about the same time, mention is made of the lucrative
trade of hunting seals which were taken from the
drifting ice between the 25th and 31st of March.
o 2
196 HISTORY OF NEWFOUNDLAND.
CHAPTER VIII.
1800.
Having brought this history down to the close of
the eighteenth century, a period when great changes
were dawning on the social condition of the people
in Newfoundland, it will not be inappropriate
to occupy a few pages in setting down some re
flections suggested by the facts which have been
narrated, and supplying one or two items which
have been left out of the course of the narrative
itself. It can hardly have failed to strike the reader of
this work, when he recalls his own memories of the
scenes and events which have been regarded as of
chief interest in the world, how isolated has been the
position of Newfoundland in the midst of growing
communities of men, isolated not only in respect to
foreign states and peoples, but as a member of the
great British family. More than one reason may be
adduced to account for this.
It has arisen partly from the fact that the countiy
did not present to settlers those attractions in the
qualities of its soil and climate, which invited them
in the regions further west. The fact of its being
COMPARATIVE ISOLATION OF THE COLONY. 197
exposed to the ice and storms issuing from the
northern seas, acted as a deterrent to those who, in
changing their location, sought as far as they could to
surround themselves with those features in external
scenery which they might invest with the cherished
associations of home.
But there were other reasons of a more special
character why Newfoundland was separated from the
field of knowledge and of interest, presented to the
English public in the contemplation of British
America. The Government looked on it as a country
whose peculiar external advantages fitted it to be cul
tivated as a national estate to be farmed for the public
use. Its fisheries, so abundant as to afford a com
pensation for the hardships attendant on toilsome
labours amidst the fogs and tempests of these seas,
tended to form a race of men to whom the rough
work and dangers of the deep were part of a familiar,
undreaded experience, and who therefore in times of
war might be relied on as the best and stoutest
material for manning the wooden walls of Old
England. There was also one class of Englishmen, the
merchants of the western counties, who were
earnest in encouraging this idea of the country.
They knew its value: it formed a rich field, the
principal share of the harvest of which fell to them
selves, and they were content that the Government
should obtain whatever advantage might be gleaned
from the developed muscles and disciplined nerves
of the labouring reapers. And so colonisation was
198 HISTORY OF NEWFOUNDLAND.
discouraged. The land, it was said, was not fit for
it, nor could it be permitted, without inflicting
serious injury on the king's service.
What would seem to establish the justice of these
views is the fact that all the governors appointed
during the eighteenth century coincided with them,
not merely, as was to be expected, from their position
and feelings as naval men sympathising with the
view that the fishery was to be considered chiefly as
a nursery for British seamen, but also agreeing with
the notion that the country was unfit to be the com
fortable and civilised home of a community. Again
and again their letters contain the expressions, ' this
desolate country,' ' this dreary country,' and some
times this 'dreadful country.'
Yet to those who can testify by their own experience
that it is not an utterly desolate, or dreary, or dread
ful countiy, these phrases of the admiral governors
need not excite much surprise when account is taken
of the circumstances under which their opinion was
formed, and how little had been done to make the
best of the land, or even to make trial of its capacities.
It is easy to imagine one of Caesar's lieutenants,
near two thousand years ago, being left behind in
command of the legions which in ancient Britain
held the posts on the Tyne, the Thames, and the
Severn, as he wrote to his friends in sunny Italy,
bewailing his sad fate in being compelled to spend
the winter in this desolate country. Yet the En
gland of to-day bears witness that the elements of
much that is fair and noble lay hid beneath the
UNFAVOURABLE FEATURES OF THE SETTLEMENT, 199
repulsive aspect of the scenery which might have
awakened the disparaging reflection of the Roman.
On something like the same grounds, from which
such a disparaging reflection was formed, we may
account for the depreciatory epithets employed by
the Governors of Newfoundland in speaking of the
country subjected to their periodic sway.
For, consider the circumstances under which the
Governor took a view of the condition of the countiy.
He generally arrived in the month of August at a
place in which, though there was growing up year by
year an increasing number of resident inhabitants,
yet these residents had no legal right to appropriate
a spot of ground or to set up a house, excepting such
persons as were furnished with the precarious title
contained in a conditional grant conferred by some
previous governor. Consequently, the habitations
were generally of the meanest description, mostly put
up by stealth during the winter, when the governor
was away. (The interval between the departure of
one governor and the arrival of his successor was the
busiest season for fencing off ground, and running up
huts and stores.) The new dwellings were huddled
close to some former erection, the better to escape
notice; thus making material for a swift conflagration,
in case of a fire breaking out in any one of them. On
these houses there was no lavish bestowment of the
luxury of paint, for that might give too marked a
change to the aspect of the place in the eye of one
who had seen it a year before. Such being the sort.
of habitations and such the manner of their irregular
200 HISTORY OF NEWFOUNDLAND.
extension in the midst of stages, flakes, and other
appurtenances of the fishery, small relief was afforded
to the picture in the agricultural or horticultural
possessions of the people, for to obtain land for such
purposes was almost prohibited, the very sight of a
growing cabbage or a green potato plot suggesting
to the jealous guardian of the rights of the fishery
the idea of encroachment. Such were the com
ponents of the landscape presented to the Governor in
the harbour of St. John's during the summer season;
and this being considered the best sight in the island,
it is no wonder that when he was sailing away in the
beginning of November through the thick and chilly
fogs floating for many a league on the fishing banks,
as he thought of those compelled to spend the winter
inside the folds of that vapoury curtain, he was
thankful that he was being borne away from that
desolate countiy.
But while the common idea of the island, so far as
any idea of it was common, was thus unfavourable to
its drawing towards it the respectable emigrants, who
make it a matter of choice as to where they will pitch
the tents of a new home, there were classes to whom
the very features which repelled others constituted an
attraction. It were unjust to speak disparagingly of
the earlier settlers in Newfoundland, or even of the
bulk of those who at a later period took up their abode
there. The colonists introduced by Sir John Calvert
in Avalon, and those whom Mr. Guy brought to
Conception Bay under the auspices of the London
Company, were doubtless a chosen order of people,
GENERAL CHARACTER OF THE SETTLERS. 201
whose character and habits adapted them to be the
proper founders of new communities. Of those, too,
who came to the fishery year by year, and who saw,
under the unsightly aspect of the land, the signs of a
place which might some day afford a better prospect
to their children than the crowded shores of the Old
World, it is probable that a large proportion were
such men as go to form the strength of any State.
Indeed, no one can read the records of the colony
without being struck by the many letters from per
sons in the different outposts, as well as from parties
in St. John's, indicative of men strong in their healthy
individualism both of an intellectual and a moral
kind. Still, there was another stamp of people than the
above mentioned, to whom Newfoundland became a
favourite and a welcome refuge. In an early chapter
of this work quotation has been made of the represen
tation that the countiy was ' a sanctuary for men that
broke in England.' Of the thousands who annually
visited it in the summer, there were those who found
it convenient to stay, leaving their debts behind them
in the old country, and in some cases leaving the
encumbrances of wife and children behind them too.
Ireland furnished an ever augmenting throng of people
whom want had demoralised, or oppression had made
mad. Times of riot and convulsion in that country
were always followed by the migration of numbers
who in Terra Nova found friends to shelter them from
penalties incurred, and eager to hear them tell the
story of the wrongs of their native land. After the
202 HISTORY OF NEWFOUNDLAND.
rebellion in 1798 there were many who in this way
found a refuge from the fetters of a prison, or perhaps
a worse and sharper fate.
While the population of the island was gradually
forming in this manner (and the process went on
through generations), what was being done to trans
mute these elements into an orderly, a moral, loyal
and religious people ? The answer which the history
yields is, — nothing at all, or next to nothing. The
governors and magistrates were continually descanting
on the evils of an irregular immigration. Procla
mations were issued, forbidding the fishermen to
remain in the country after the voyage was over.
Hardships were inflicted on the settlers so as to make
the island an undesireable place for any but the
bravest or most desperate to live in. But scarcely
any provision was made to promote the education of
the people, either for the duties of this life, or the
interests of the next. There were settlements on
which successive generations were born, lived and
died without the advantages of religious ordinances.
Marriage was a rite which in hundreds of instances
the people had to perform for one another, which they
often did without a strict regard to ecclesiastical
prohibitions against alliances of consanguinity. On
this latter point there is on record the testimony of a
clergyman placed over a district in which better order
was becoming established, testimony which shows the
debasing influence of looser habits still lingering in
the sentiments of the people. Writing to Governor
Waldegrave this clergyman states that he had been
LAXITY IN MORALS AND RELIGION. 203
requested to officiate at an incestuous marriage, and
on his refusal, the man had gone home with his intended
bride, had got his servant to read the marriage service,
and the union was consummated. What is specially
remarkable about this case is the fact, that when it
was submitted to the Crown lawyers at home, they
were not sure that the law of England could be made
effectual in Newfoundland, to prevent or punish such
outrages against social propriety and decency.
While thus a considerable portion of the Protestant
inhabitants were left to their own devices, without
any religious teacher to guide them in matters affecting
the very existence of social order and virtue, another
and a larger class of the people, the Roman Catholics,
were prohibited by law from receiving the ministers
whom their faith taught them to revere, and from
exercising any of the rites of their Church. Not
until 1784 did a Catholic priest find himself at
liberty to perform the functions of his office among
the thousands of his communion who had made their
home in Newfoundland.
Is it wonderful, under such circumstances, that
disorder and crime should be rife — when such a state
of things prevails? That they were abundant is
evident from the Records of the colony, during the
latter half of the eighteenth century. These memo
randa not only tell of isolated offences, which, though
shocking enough when seen in their singleness, yet
may perhaps be paralleled by examples in more
advanced communities, but they indicate a corruption
of the mass in some remote settlements, bringing forth
204 HISTORY OF NEWFOUNDLAND.
deeds, to transcribe the account of which would defile
the pages of this work.
As has been shown, attempts were at length made
to ameliorate or remove the evils to which attention
has been called. The Church of England, acting
more especially by means of the Society for the Pro
pagation of the Gospel, sought to provide for the
wants of her scattered children in this island. A wise
toleration was established, under which the priest of
the Church of Rome could attend to his multitudinous
flock, and the nonconforming Protestant could follow
the dictates of his conscience, and seek to spread his
views of Gospel truth.
But while this favourable change brought into
activity forces which slowly operated for good on a
mass of human material which had been too long
neglected, that material was wrought upon by the
influence of a system which entailed habits, the
baneful operation of which has continued ever since,
and is at the present day bewailed by all enlightened
well-wishers of the countiy and its people.
It is difficult to trace to its origin what is well
known in the colony by the name of the credit system.
But it is most probable that it naturally grew out of
the fact that the merchant who exported from New
foundland the fish taken in its waters was also the
provider of the means, both the needful appliances for
the actual fishery and the support of those engaged in
it, by which the work was carried on. From this it
followed that the profits of the merchant as a vendor
of provisions could only be calculated on the condition
THE CREDIT SYSTEM. 205
of the voyage being a good one. In fitting out his
servants in the fishing ships, or at a later period, in
supplying the by-boat-keepers, what was so furnished
to them was charged by the merchant on credit, to be
repaid in fish when the voyage was over. And as the
result of that voyage depended on causes beyond
human control, and the operation of which was even
more doubtful than in most human vocations, a pro
portionate margin of profit had to be laid on the goods
given out, so as in case of success to compensate for
the risk of failure ; and also to make the gain from
the man who did succeed cover the loss arising from
the want of success in another man indebted to the
same merchant.
A system like this found just the material that
seemed adapted to it, in the motley population that
was settling in the harbours of Newfoundland.
Destitute, improvident, reckless of the future, the
larger portion of the people were willing to engage
themselves on any terms in the fishery ; quite ready,
provided they could obtain what they wanted, whether
for subsistence or indulgence, to take it, at whatever
price might be set upon it, when payment was to be
made out of the result of the season. And when the
season was over, they were equally ready to mortgage
the next year's labour for the means wherewith to
support themselves and their household during the
winter. To meet such cases, the merchant was
under the necessity of fixing a long price on what he
gave out on such a tenure, and was tempted, as has
been noticed in the preceding chapter, to fix his own
206 HISTORY OF NEWFOUNDLAND.
price on the fish he received in return. Yet it was
not all gain which the supplier obtained from this
system. The fisherman who got into debt knew
that for the supplies for which he was indebted he
had been charged at an exorbitant rate, on the chance
that he might not be able to pay, and therefore
scarcely felt the responsibility of the debt; but
considered himself justified, if it became too onerous,
in trying to evade it altogether.
But the worst effects of this system fell on the
man who, more industrious than others, was there
fore as a rule more successful. On him it fell — and
he knew that it fell on him to make good to the
supplying merchant the failure arising from his less
diligent, consequently, less prosperous neighbour.
Hence, besides the moral disorder which such a system
fostered, it also engendered a soured disposition in
the labouring orders toward the merchants as a class ;
and this disposition there were not lacking persons
to sympathize with and to encourage for ulterior
ends. This system of credit is that which still prevails
in the fishing trade of Newfoundland, one of those
legacies from the past, which, from being inwoven in
the habits of the people, it is so difficult to remove.
The need of a change is growing to be increasingly
felt by all parties concerned. The struggling fisher
man is conscious of being held by it in a state of
bondage, from which he would willingly be free, if
he knew how to extricate himself. The merchant,
too, is becoming sensible, that often the disadvantages
EVILS OF THE CREDIT SYSTEM. 207
of the system overbalance its profits. For in a
country which is self-governing, on the basis of a
suffrage which gives the labouring fishermen the
preponderance in the election of the Legislature, it has
not been difficult to have laws framed for the regula
tion of the trade, which look chiefly to the benefit of
the masses; and as the jurymen who have to decide
on the application of the law in disputed cases, are
drawn from the same class as that which deputes the
law-makers, the interests of the merchant and, as he
thinks, his rights, often go to the wall.
Perhaps one of the worst evils derived from the
credit system, and the one which it will be most
difficult to remove, is its having fostered the spirit of
pauperism, by which large numbers of the labouring
people are infected. Being accustomed to depend
on the merchant's stores for supplies needed in
adverse times — which supplies were procured on
the chance of a return being made in fish, in a hoped-
for prosperous season — and the merchant being, from
the above-mentioned causes, less disposed to issue
supplies on a trust which is more fallacious than
formerly, the discarded applicants naturally look to
some other quarter on which to place their dependence.
And as the government is their own, responsible to
them alone, — as they send the members to the House
of Assembly, — as these members have the disposal of
the public chest, why, then, surely they have the
right and the power to call upon their representatives
to provide for them out of the Colonial Treasury in
the day of their need, and thus there has grown up
208 HISTORY OF NEWFOUNDLAND.
that monstrosity which has been previously mentioned
— one-third of the public revenue given out in pauper
relief. From the brief review which has been taken of the
social elements existing in Newfoundland, — the ori
ginal character of numbers of those who took up their
abode in the countiy, — the religious intolerance with
which, for a long period, one part of the population
had been treated, and the culpable neglect which had
been manifested towards the other part, the necessary
but illegal squatting by which a quasi-right had
been acquired over portions of the soil, — the system
of trade which, presupposing an inferior measure of
integrity among the labourers and lesser planters
than is usually relied on in commercial intercourse,
and which, leading the merchants to insure them
selves against the effects of such moral laxity, by
taking an extravagant profit, where profit could be
made at all, — excited against them as a class, in many
minds, feelings of discontent which, though smothered,
were struggling for an opportunity to break forth ;
— it will be seen that there were evil and dangerous
conditions in the social state of the community. The
bad fruits of these were not all to wait for their
developement to a distant day. They had indeed
well nigh brought forth, before the close of the
eighteenth century, a terrible crime.
It has been seen in the previous chapter, that
Governor Waldegrave had formed but a poor opinion
as to the character and the designs of the labouring
population of the colony, and also of those who
SYMPTOMS OF DISAFFECTION. 209
from among that class had been enlisted in the
military service of the Crown. The latter, he said,
were not to be relied on in case of civil commotion.
And perhaps it has occurred to the reader of the
addresses presented to His Excellency in 1797, after
his speech to the mutineers of the Latona, that the
troops showed a strange alacrity, by offering large
pecuniary rewards to clear themselves from the
imputation of disloyalty. There was an eagerness
and an ostentation about the proceeding, which
probably had a share in suggesting to the Governor
the suspicion, which he afterwards recorded, of the
doubtful character of the Newfoundland regiment.
To stimulate the growth of whatever seeds of
anarchy were germinating in the community, the
times were out of joint. The convulsions in France
had given a rampant influence to the spirit of
turbulence and revolution everywhere. And while
in most parts of Europe this spirit had shown
itself in an endeavour to throw off the restraints
of religion, in Ireland it had entered into a strange
alliance with zeal for the ancient church, forming
a combination which aimed at once to win eman
cipation from the Saxon rule and from Protestant
ascendancy. In Newfoundland the admixture was of a still
more complicated character ; for there, in league with
the most devoted attachment to Roman Catholicism,
there appears to have been a large infection of the
infidel opinions derived from the writings of Paine.
But as in such a combination any active design must
p
210 HISTORY OF NEWFOUNDLAND.
take its colour and shape from the principal element
entering into its composition, there was conceived,
developed, and all but consummated, a conspiracy
after the Irish pattern, adopting as its watchword, the
ancient church, and a bloody triumph over its enemies.
This conspiracy seems to have been secretly working
for some time, suggested, as was given in evidence
afterwards by one implicated in the plot, by a commu
nication from Ireland, where was organising the
movement which led to the rebellion of 1798. After
the inglorious termination of that rising, many Hiber
nians, for whom a residence in their own countiy was
not altogether safe, sought and found a refuge in
Newfoundland, and as they brought with them their
national and religious passions, exasperated by defeat,
their presence added fuel to the fires which were
smouldering in the community that gave them a
reception. As if the British government were rather
dubious respecting the loyalty of the population,
Major General Skerret, who had distinguished him
self at Vinegar Hill, was sent to take charge of the
troops. This appointment was conferred only in good
time. In St. John's an association of United Irishmen had
been formed, the members of which were leagued
together by an oath. The terms of the oath were
very general, as setting forth the objects of the asso
ciation, so far as these were communicated to the
majority of the members.
From the evidence of Nicholas M'Donald, who
himself had been sworn, it appears to have consisted
THE UNITED IRISHMEN. 211
of three parts. They are thus stated by him before
the court-martial: —
1st. 'By the Almighty Powers above, I do persevere to
join the Irishmen in this place ' — then he kissed the book.
2nd. ' I do persevere never to divulge the secrets made
known to me ' — kissed the book.
3rd. ' I do persevere to aid and assist the heads of the same,
of any religion' — kissed the book. The last clause was
probably directed to meet the case of such of the leaders as
were not of the Catholic pale.
The same witness also described the signs and
passwords by which the members were to discover
those who were bound together by having taken the
oath ; from which it may be gathered that the great
object of the conspiracy, as it was presented to the
mass of those concerned, was to do something, as was
supposed, for the honour of the ' old religion.' This
witness further testified that he understood that there
were about four hundred men sworn in St. John's
(which must have represented the majority of the
families then living in the town), and that their only
dread was about the military, the Newfoundland
regiment. But the soldiers had their own grievances : being
enlisted principally from the class which furnished
the adherents to the secret society of United Irishmen,
they were only too likely to sympathise with the social
and religious feelings of that body. Besides this,
their discipline was hard — flogging to the extent of
five hundred lashes, for comparatively small offences,
furnishing a spectacle which the regiment was drawn
up to see, many a morning before breakfast.
p 2
212 HISTORY OF NEWFOUNDLAND.
Such men were but too ready to listen to sugges
tions that they might aid an enterprise which, while
it was directed against the enemies of their faith,
might set them free from so hated a yoke, and
perhaps enable them to take vengeance on those by
whom they had been oppressed. Accordingly, when
proposals were secretly made to them to this effect,
one by one yielded to the temptation, each one gained
over becoming in his turn a tempter to others ; until,
at length, nearly the entire regiment was leagued in
a confederacy whose intent was rebellion and mutiny.
As the organisation was completed, and the leaders
formed a satisfactoiy estimate of its strength, a plan
was propounded by which it became known what was
the full purport for which the association had been
formed. It was nothing less than to rise upon and
destroy the merchants and all of any wealth in the
capital — and, indeed, in other districts — the intended
victims being Protestants. In St. John's the out
break was intended to be on a Sunday, when the
principal inhabitants and the few soldiers who were
Protestants, with their officers, were at church. As
it was in the orders of these latter not to carry their
arms to divine service, an opportunity was thus
afforded to the disaffected majority of the regiment to
obtain possession of all the arms, and so have their
comrades and the citizens at their mercy. Under
such circumstances, it was planned to concentrate the
attack on the church, which, according to one report,
was to have been torn down — according to another,
blown up — and then a murderous onslaught to be
BISHOP O'DONNEL'S GOOD SERVICE. 213
commenced on the Protestant citizens generally.
Should the work be thus successfully inaugurated at
St. John's, this was to be the signal for its repro
duction throughout those districts in the colony
where the conspirators were in sufficient force*
But happily schemes so dreadful as this, necessarily
known to so many persons, can scarcely fail of being
divulged. As the time for the projected crime drew
near, Major- General Skerret, at the head of the
mutinous regiment, and holding chief authority in
St. John's, in the absence of the Governor (for it was
in April — months before the usual time of the arrival
of His Excellency), had information given to him of
what was in preparation. How that information first
leaked out there is no authentic evidence to show.
It is said to have been conveyed from Ferryland.
But all the testimony on the matter concurs in
assigning to the Roman Catholic Bishop, Dr. O'Donnel,
the credit of acquainting Major-General Skerret of
the danger which was impending, and of cordially
and most usefully aiding to counteract the plot and
to prevent the outbreak ; urging on the major, it is
said, to deal with the soldiers, and undertaking him
self to deal with the misguided populace.
By the prompt measures taken by the bishop and
the commandant, the conspiracy, as regarded its chief
and terrible intent, was rendered abortive. On the
Sunday morning on which it was intended to put it into
effect, the order was issued to the several garrisons
and quarters of the troops, that the men were not to
go to church, but to assemble on parade. While at
214 HISTORY OF NEWFOUNDLAND.
the latter they were subjected to an inspection, which,
if the order of the morning had not aroused their
suspicion, effectually convinced them that their scheme
was blown. It is said, indeed, that some arrests were
made, though without signifying on what specific
charge. For some time nothing further was done in
reference to the mutinous soldiery, excepting to lay
them under a keener vigilance, and to make them
bear the burden of a severer discipline. This com
parative inaction was a matter of prudence ; for one
half, and not the least half, of the task of completely
preventing the threatened peril had to be accom
plished in exorcising the rebellious spirit of the
townsmen. This work fell chiefly to Bishop O'Donnel,
who went about it with such earnestness and zeal,
and was so successful in his endeavours, as to cause
him ever afterwards during his stay in St. John's to
be held in grateful esteem and affection by all classes,
especially by those whom he had saved from being
the victims in a great tragedy.
But as the conspiracy among the people in the
town had been rendered abortive, and those engaged
in it brought into a better state of mind, the position
of the soldiers implicated in the business seemed to
them more serious. They were ignorant of what was
known concerning the plot, what names were marked
as ringleaders, and what retribution was reserved for
them when all danger from the townspeople should
be past. This state of suspicion and fear led to a
second plot confined to the Newfoundland regiment,
the object of which was, after mastering the officers
MISCARRIAGE OF A MILITARY PLOT. 215
and the civil authorities, to take possession of vessels
in the harbour, and make a general flight to the United
States. This plan also miscarried. A portion of the
mutineers in one of the forts, under a mistake as to
the time fixed on for the outbreak, commenced too
soon, and being unsupported by their comrades, their
attempt failed, and numbers of them fled into the
woods, where, after enduring much suffering, many of
them were hunted out by armed companies sent in
pursuit. Then began a severe inquisition into this
extensive mutiny, followed by the infliction of swift
punishment. Many were tried by court-martial in
St. John's, and had executed on them the sentence of
death, by being hanged or shot; some were sent to
Halifax, where they suffered the same miserable end.
Some scores were transported to penal service out
of the countiy, and as soon as there came a brief
interval of peace, the whole regiment was disbanded.
Lest it should be imagined that this account of an
evil time, the dark features of which linger as a tradi
tionary memory among the oldest inhabitants of St.
John's, is exaggerated, or has been drawn from the
reports of parties influenced by religious prejudices
towards those of a different faith, the author would
state that the strongest authority for the foregoing
representation of the character of the conspiracy and
mutiny, and their dire object, is found in the letters
of Bishop O'Donnel, several of which are copied in
the Public Records of the time. In a petition for
warded to the king by that respected prelate, dated
October 1805, the burden of which was to beseech
216 HISTORY OF NEWFOUNDLAND.
that the pension which had been granted to the Bishop
for patriotic services rendered by him on the occasion
narrated in this chapter, might be continued, after his
retiring from the island, the writer uses the following
language. After expressing his conviction that he
had ' the best of kings, and the most humane of go
vernments to apply to in his distress,' he declares that
his own ' loyalty and services have been approved of,
and fully acknowledged by every governor, and parti
cularly by Major-General Skerret, who found himself
under great embarrassment in 1799, as having no
force either by sea or land to oppose a most dangerous
conspiracy formed against all the people of property
in this island. Petitioner was fortunate enough to
bring the maddened scum of the people to cool reflec
tion, and dispersed the dangerous cloud that was
ready to burst on the heads of the principal inhabitants
of this town, and even of the whole island; for which
he often received the thanks of the very deluded
people who were led into this dark design of robbery
and assassination.'
The ultimate aim of the conspirators was not made
known, as their guilty enterprise was nipped in the
bud. And as the knowledge of the Bishop concern
ing it was doubtless derived from the confidential
communications of the confessional, it was not to be
expected that it would be published by him. But it
is probable, from the fact that the after-plot of the
soldiers was directed to the end of seizing vessels by
which to desert to the States, that those engaged in
the more comprehensive design intended, after their
PROBABLE AIMS OF THE CONSPIRATORS. 217
deed of vengeance and destruction was accomplished,
to possess themselves of all the valuable movable pro
perty in the country, and convey themselves in the
ships beyond the reach of the strong-handed retribu
tion of the British Government.
In the Appendix (No. III.) will be found an
interesting letter to Vice- Admiral Waldegrave during
his absence in England,, which furnishes a full account
of the conspiracy and of its suppression. The letter
is preserved in the Repository of Public Records in
London, and is given verbatim. From this letter it
appears that the date of the conspiracy was 1800, and
not 1799, as set forth in the Petition of Bishop
O'Donnel.
2! 8 HISTORY OF NEWFOUNDLAND.
CHAPTER IX.
1800—1807.
The year 1799 closed, and the year 1800 opened
amidst general calm in Newfoundland, with the
exception of the remainder of the trouble in the
garrison described in the previous chapter. The year
1800 was marked by great events in Europe. It
was distinguished by the famous passage of the St.
Bernard by Napoleon in May, and his splendid
victory of Marengo in June. In the beginning of
December, Moreau achieved the almost equally
illustrious triumph of Hohenlinden. During the whole
of this year Great Britain was engaged in active
hostilities against the French Republic, and at its close,
by reason of the successes won by the latter power in
Italy and Germany, our countiy found a considerable
maritime confederacy formed against her, a con
federacy which was broken in the following year by
the battle of Copenhagen, and the death, by assassina
tion,, of the Emperor of Russia.
But during this period Newfoundland does not
appear to have suffered from, or to have been directly
inconvenienced by, belbgerent operations. The narra
tive of events during these two years contains only
ADMINISTRATION OF VICE-ADMIRAL POLE. 219
the record of such unpretending facts as arise in the
ordinary and peaceful changes occurring in the civil
and social life of a community not lacking the
elements of evil and trouble within itself.
Charles Morice Pole, Esq., Vice- Admiral of the Red
Squadron, succeeded Governor Waldegrave, his com
mission bearing date May 2, 1800. He arrived in
St. John's in the month of August, at which time,
and for long afterwards, the small -pox was fatally
prevalent in the town, and in the surrounding district.
This disease has always been much dreaded by New
foundlanders, their fear of it being justified by the
amount of destruction to life which is generally heralded
by its advent ; a consequence which is doubtless chiefly
owing to the strong prejudice existing, especially in
former days, among the people, against taking the
preventive remedy of vaccination. That the fatality
from this epidemic in St. John's this year, 1800,
must have been very serious, is evident from a return
of the baptisms, marriages, and deaths, where the
number of the last is one-third more than that of
births. Though Governor Pole held his commission
for two years, he was present in the island only
during one season, his office being executed in 1801
by the Lieutenant-Governor Robert Barton, Esq.,
appointed by special warrant under the Royal seal on
August 26, 1801. In the latter year, the records
contain an entry which notes an important political
change in the British empire. The governor for the
time being received from the Duke of Portland a
copy of ' His Majesty's order in council, settling the
220 HISTORY OF NEWFOUNDLAND.
royal style and title and ensigns armorial, on the
union of Great Britain and Ireland, together with
draughts of the standard and union flag.' The
governor, therefore, ' in virtue of the before recited
authority, directed the standard and union flag there
inbefore mentioned, and draughts of which were
therewith transmitted, to be hoisted and displayed in
all His Majesty's forts and castles within the island of
Newfoundland, and islands adjacent.'
On May 27, 1802, Vice- Admiral Gambier was
appointed governor of the island and its dependencies.
In him the colony was again favoured with the
presidency of a man whose name is traced in lustrous
characters in the naval annals of his countiy. Along
with his commission, the governor received instruc
tions under the royal sign-manual to deliver up the
islands of St. Pierre and Miquelon to such person as
should be appointed to receive the same on the part
of the French republic, pursuant to the definitive
treaty of peace signed at Amiens on March 27.
Immediately after the communication of this order
the governor forwarded from London directions to
carry it into effect, this duty being entrusted to
Captain Edgell, commander of the ship Pluto. That
officer arrived at St. Peter's, where he found strong
evidence of the value which the French set upon the
fishery and their possessions in these waters. There
were there already ' fifteen bankers, brigs, and
schooners, with about one hundred men and four
hundred boats, and from appearances had made some
progress in the fishery,' though there was no ship of
ADMINISTRATION OF VICE-ADMIRAL GAMBIER. 221
war, commissary, or other person authorised to
take possession of the islands in the name of the
republic. It was not until August 20 that Captain Edgell
had fully acquitted himself of the duty entrusted to
him by restoring and delivering ' the said islands in
full right to citizen Jocet, lieutenant of the navy com
manding the French Republic's corvette Surveillante,
to whom also he delivered the rights of the French
fishery on the coasts of Newfoundland.'
The governor appears to have arrived at St. John's
in the beginning of September, where, though the
breaking out of the war anew* did not impose directly
any very serious labour on him, yet in the condition
of the town, and in the circumstances of the outposts,
in the wants of the population generally, and in the
evils too patent everywhere, a man of his humane and
active mind found abundant scope for the exercise of
his ingenuity to leave some seed of good behind him.
From a somewhat detailed census of the inhabitants
of the capital in the winter of 1801-2 it appears
that the whole number was 3,420.
Of these there were Protestants, 1,139, Roman
Catholics, 2,281 ; showing that the Catholics were
somewhat more than two to one as compared with
Protestants. Again, of the whole number, 2,060 were
males, and only 1,360 females, a disproportion in
the sexes rather adverse to the interests of morality.
* In the summer of 1803, on his return from England in
August of that year, he found 355 French prisoners of war in
charge at St. John's.
222 HISTORY OF NEWFOUNDLAND.
Further, there are set down 410 males and 68 females,
which are not classified as heads of families, children
or servants, but dieters and boarders, terms applied to
an order of unsettled persons, the increase of which it
was considered prudent by the authorities by all
means to discourage.
One of the first objects which engaged the attention
of Governor Gambier was the fact that ' the humane
and benevolent measures of Vice- Admiral Waldegrave
for the assistance of the indigent poor had been dis
continued.' He urged a revival of those measures,
and was successful in his appeal to the merchants and
others. An abundant fund was raised to meet the
poverty of the ensuing season, to which His Excel
lency subscribed 4,01. Another scheme of a like
character, of which he has the merit of being the
originator, was the provision of charity schools for the
education of the poor. On this subject he consulted
with the Protestant clergyman of St. John's, and also
the Roman Catholic Bishop, who, having seen his plans,
were very desirous to give their assistance to a
measure so likely to be useful to the present and
future generations.
The plan thus initiated by the Governor, and which
received the cordial cooperation of the persons most
capable of promoting it, was founded on the basis of
the Sunday school system, which had been introduced
in England by Mr. Raikes about twenty years pre
vious. It provided for the payment of teachers in two
or more schools, both Protestant and Roman Catholic.
To raise a fund for this purpose, ' every master of a
EDUCATIONAL ARRANGEMENTS. 223
family, from the Governor down to those of the lowest
circumstances, was expected to make a voluntary con
tribution according to his means ; the fund so raised
to be distributed in proportion to the number of each
persuasion. The masters and mistresses were to ' as
semble the children every Sunday morning, in the
summer at seven, and in the winter at nine o'clock, to
see them clean and as neat in their persons as their
circumstances will permit ; such of them as cannot
read to be taught, and those that can do so are to
read some portion of the Scriptures, and other useful
and edifying books, and to be taught the catechism.'
After these exercises they were to be conducted in
an orderly manner to the church, which they should
enter before the congregation was assembled, and be
dismissed after the service was over. They were to
' assemble in the schoolroom again in the afternoon,
and proceed to church as before, and on their return
from thence to the schoolroom, to be kept in for in
struction till six or seven o'clock.' They were also to
be ' assembled and instructed for an hour or two on
some other day in the week.' So great was the in
terest awakened towards this work of benevolence,
that it was eagerly taken up in Harbour Grace, where
the principal inhabitants, headed by the clergyman,
' contemplating with concern the deplorable state of
ignorance and irreligion in which the children of the
poorer classes, to the number of more than three thou
sand, in one of the most populous districts of this
island, were immersed,' expressed their determination
to 'unite their humble endeavours to those of His
224 HISTORY OF NEWFOUNDLAND.
Excellency, in order to promote in some measure the
knowledge and practice of religion and virtue.'
While the admiral was solicitous for the intellectual
and moral improvement of the people, he was also
anxious regarding matters affecting their physical
health and comfort, and their social order. He en
deavoured to organise some system for the removal of
the filth of the town, which he saw was such a power
ful handmaid to disease, and to establish a sufficient
police. But the principal object of his concern was
the lack of spiritual provision for the scattered people
of the outports. The sense of this want was indeed
becoming very prevalent among those who suffered
from it. From Placentia, which had for some time
been deprived of the benefit of a clergyman, — from
Twillingate, and from Fogo, which had never had one,
representations came from the leading people, earnestly
praying that this deficiency might be supplied, and
offering Hberally to contribute towards the cost of
such supply. So anxious was the Governor in refer
ence to the two principal social ameliorations to
which his attention was directed, that he requested
the ministry to obtain from the Crown lawyers an
opinion how far the law of England, providing legally
for the relief of the poor, and the maintenance of the
churches in repair, was applicable in Newfoundland;
in answer to which appeal, he received the following
opinion — ' that the provision of the poor laws of this
country cannot be enforced in Newfoundland; and
that the Governor had no authority to raise a sum of
money by a rate upon the inhabitants for the purpose
THE GOVERNOR S CATHOLICITY. 225
of repairing the churches in that island.' One admir
able trait of His Excellency was the earnestness and
success with which he laboured to soften and abate
the religious acerbities of which the materials were
so rife under his government, and which but recently
had yielded such bitter fruits. As an example of his
success on this behalf, a copy is here given of a letter
addressed by him to the Roman Catholic bishop of
St. John's, together with the reply of the latter.
Circular*
Sir, — It being proposed to raise a sum by voluntary con
tribution for erecting a steeple in the church of St. John's,
and purchasing a clock and two bells, for the purpose of
regulating time, calling the inhabitants in general to public
worship, and giving alarm in case of fire, I am induced, in
consideration of the great utility of such a measure, to re
commend to you to make a collection next Sunday from those
of your church who may be disposed to contribute to this
object, giving notice of such intention, that they may come
prepared for this purpose.
The vestry of the said church, who have undertaken the
execution of this measure, will receive any sum that may be
collected. I am, &c. &c.
J. Gambier.
The Rev. Bishop O'Donnel.
To this novel request the prelate returned the
following reply : —
Sir, — I had the honour of receiving your letter of yes
terday's date, and will be happy in concurring with YoUr
Excellency in a measure of such public utility as purchasing
* A copy of the same communication was sent to the ministers
of the Established and Dissenting churches.
Q
226 HISTORY OF NEWFOUNDLAND.
a town clock, bells, &c. ; but, I think, I could not give my
congregation useful and timely notice of my intention, ex
cept on the Sunday immediately preceding the collection,
when they will be all assembled in the chapel. If it meets
your approbation, I'll propose it to them next Sunday, and
make the collection on the Sunday following.
I have the honour, &c,
(Signed) James O'Donnel.
The above correspondence indicates a state of feel
ing which it were desirable to see more cultivated
and cherished, not only in Newfoundland, but every
where, and among all professors of the Christian
faith in the present day.
At length, during this governor's administration,
something positive and real makes its appearance in
the Records in reference to the native Indians.
The following entry is dated September 17, 1803,
at St. John's : —
William Cull having brought an Indian woman from
Gander's Bay to this harbour, I have, for his trouble, loss of
time, &c, paid him the sum of fifty pounds. The said
William Cull has also promised to convey the woman back
to the spot from whence she was brought, and to use his
endeavours to return her to her friends among the Indians,
together with the few articles of clothing which have been
given to her.
The engagement mentioned in the latter part of
this communication was not immediately carried out,
apparently for want of facilities for fulfilling it. The
woman remained with her captor during the winter.
She is said to have been taken bjr Cull, as she was
paddling in a canoe towards a small island for birds'
ACCOUNT OF A FEMALE INDIAN. 227
eggs. Anspach gives the following account of her
appearance and conduct while at St. John's : —
She appeared to be about fifty years of age, very docile,
and evidently different from all the tribes of Indians or
savages of which we have any knowledge. She was of
a copper colour, with black eyes, and hair like the hair of a
European. She showed a passionate fondness for children.
Being introduced into a large assembly by Governor Gambier,
never were astonishment and pleasure more strongly de
picted in a human countenance than hers exhibited. After
having walked through the room between the Governor and
the General, whose gold ornaments and feathers seemed to
attract her attention in a particular manner, she squatted on
the floor, holding fast a bundle, in which were her fur
clothes, which she would not suffer to be taken away from
her. She was then placed in a situation from which she
had a full view of the whole room, and on the instant lost
her usual serious or melancholy deportment. She looked at
the musicians as if she wished to be near them. A gentle
man took her by the hand, pointing to them at the same
time ; she perfectly understood his meaning, went through
the crowd, sat with them for a short time, and then expressed,
in her way, a wish for retiring. She was everywhere
treated with the greatest kindness, and appeared to be sen
sible of it. Being allowed to take in the shops whatever
took her fancy, she showed a decided preference for bright
colours, accepted what was given, but she would not for a
moment leave hold of her bundle, keenly resenting any
attempt to take it from her.
The subsequent history of this representative of the
aborigines is veiled in obscurity. The man in charge
of her was entrusted with a quantity of articles costing
about 151., and consisting of fishing-lines, hand-saws,
hatchets, nails, clasp-knives, blankets, women's shoes,
&c. &c, as a conciliatory present to be left with her
q 2
228 HISTORY OF NEWFOUNDLAND.
and her people. The latest recorded notice of her is
in a letter from Cull dated Fogo, September 27,
1804: —
Sir, — This is to inform you that I could get no men
until the 28th day of August, when we proceeded with the
Indian to the Bay of Exploits, and then went with her up the
river as far as we possibly could, for want of more strength,
and there let her remain ten days, and when I returned the
rest of the Indians had carried her off in the country. I
would not wish to have any more hand with the Indian unless
you will send round and insure payment for a number
of men to go in the country in the winter. The people
do not hold with civilising the Indians, as they think that
they will kill more than they did before.
(Signed) Wm. Cull.
The reception of this poor woman was among the
latest events under Admiral Gambier's administration
of the affairs of the colony. In reviewing the brief
period of his rule, it is pleasant to see how the man
who a few years later achieved for himself honours and
renown, and a prominent name on that page of the
history of the great European conflict which describes
the capture of the Danish fleet — how he could find
himself heartily at home in the less sounding, but
more directly humane and Christian labours of pro
viding for the wants of the destitute, for the educa
tion of poor children, for the religious instruction
of a neglected population, and also to put into har
monious feeling and action a community divided by
diversity of creeds, while showing a tender care to
wards the outcasts of whose fathers' dwelling-place
that community had taken possession.
CLOSE OF GAMBlER'S ADMINISTRATION. 229
After his arrival in England, no more to return to
Newfoundland, the Admiral displayed a kindly, wise,
and foreseeing regard to the interests of the latter
countiy. On December 12, 1803, he wrote an
official letter to Lord Hobart, in which he set forth
his views of the condition and the wants of the island.
He deplored the lack of qualified persons to fill the
office of magistrates in the out -harbours ; declared the
necessity of a vigilant police for the preservation of
the peace among the lower orders, and of proper
prisons for the confinement of criminals : he also urged
the increase of clergymen and schoolmasters, to check
the decUne in the state of morals, and the neglect of
the public worship of the Almighty. He asked in
demnity for a measure which he had taken to amelio
rate the inconvenience and distress felt by the inha
bitants of St. John's from the want of pasturage for
their sheep and cattle, by leasing out for a term about
eighty acres of waste ground, though he was forbidden
by his instructions to make grants of land.
The most important part of his letter, as evincing
thought on the facts which had come under his review,
and a discernment of already manifest signs of the
necessity of changes which, in the course of years,
were to be established, is contained in the following
paragraph : —
In contemplating the low condition of society in a country
which is in itself the source of so much wealth, and of such
acknowledged importance to the nation, I am led to appre
hend that the present system of policy observed towards
that island is defective, being insufficient for effecting the
230 HISTORY OF NEWFOUNDLAND.
happiness and good order of the community, which is the
chief end of all government. This I attribute to the want
of a power in the island for framing laws for its internal
regulation, and for raising the sums necessary to promote
any measure of public utility by which expense must be
incurred. Your Lordship is informed by the answer of His
Majesty's Attorney and Solicitor-General to my queries of
the 31st May last, that the Governor has not the smallest
power of this nature. No money can now be raised in this
island except by voluntary contribution, and that mode is, as it
always must be, inadequate to the many useful purposes for
which it is required, being confined to a few well-disposed
people, whose residence in the island gives them an interest
in the good order and improvement of the community. I
therefore feel it incumbent on me to propose for Your Lord
ship's consideration 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 His Majesty's foreign dominions.*
In 1804, Sir Erasmus Gower succeeded Admiral
Gambier as Governor of the colony, which office he
held until 1807. During the years in which he ad
ministered the affairs of the island, nothing very
remarkable occurred, either in its external relations
or in its internal developement. War was raging on
the continent of Europe and upon the seas; Great
Britain was engaged in a severe struggle with the
military ruler of France. But Newfoundland was
unaffected (directly) by the train of events arising
out of that conflict. Its people were employed in
their fisheries, in which their only rivals were the
* It is remarkable that the first suggestion in favour of a local
legislature proceeded from a governor, the agitation among the
people on this behalf not commencing till ten years afterwards.
ADMINISTRATION OF SIR ERASMUS GOWER. 231
Americans, and in the trade of which the fisheries
supplied the material. Still, during this period facts
appeared, signs of changes which the hand of time was
effecting in the community, and of the introduction
of other changes, the agents and the causes of which
may be more definitely recognised ; and the record of
these deserves a place in a work which aims at ex
hibiting the rise and the growth of the community
into the form and dimensions in which it is seen in
more recent times.
One of the principal objects which occupied the
attention of Sir Erasmus Gower, and which was by
him submitted to the government at home, was the
condition of the town of St. John's. The Governor's
instructions spoke of it as a fishing-harbour — all its
water-side, to the distance of 200 yards from high-
water mark, being designated ships' fishing-rooms,
on which no erections were to be made but such as
were necessary for the work of the fishery. But His
Excellency discovered that while the town proper was
restricted to within the limits above mentioned, instead
of the buildings in it being confined to flakes, stages,
boat-houses, and cook-rooms, &c, it was pretty much
filled up with shops, stores, and dwellings for merchants,
carpenters, and various handicraftsmen and labourers.
On making enquiry into this matter with the view of
bringing, as far as was practicable, the place more into
accordance with the original intention, he received an
elaborate memorial from the merchants, setting forth
that the harbour was of little value for fishing pur
poses as compared with the importance belonging to
232 HISTORY OF NEWFOUNDLAND.
it as the principal trading emporium of the island.
If the fishing-rooms were restored, no one would use
them. What was needed in the way of change was,
that facilities should be given for the erection of
wharves, stores, &c, to provide which it was desirable
that permission should be given to build houses, and
lay out streets, beyond the limits of 200 yards
from high-water mark, in which tradesmen, artificers,
and labourers might reside, leaving the ground con
tiguous to the water for the purposes of a mercantile
port. This suggestion was in its main features carried out
shortly afterwards by the authority of the Governor,
and with the consent of the British ministry. The
plan of a new road was drawn, to run parallel with
the harbour, just beyond the range of 200 yards,*
the ground on the upper side of which was sold by
order of the Governor for building, the price of each
house-plot being fixed as not lower than 21. nor to
go higher than 51. This was a measure which, while
it denoted a great change in the position, of the
capital in relation to the general business of the
country, was the earnest of other alterations, not to
be confined to St. John's, but to be shared by other
towns and harbours throughout the island.
The population of St. John's was increasing at a
rapid rate. It has been stated that in 1802 the number
of inhabitants was 3,420; three years afterwards it
is returned as 4,608 ; and in the year 1807 it had
* The street so laid out is called after the Governor, ' Gower
Street.'
INTERESTING STATISTICS: 1805. 233
become 5,057. Along with the census taken at the
last of these periods, the records contain ' an abstract
of the number of passengers who have arrived, in
St. John's, Newfoundland, this present season, 1807,'
which helps to explain this rapid increase. From this
document it appears that 614 males, and 56 females,
in all 670 persons, were landed in the harbour, five-
sixths of whom were from Ireland — a fact which
accounts for the growing numerical preponderance of
the Roman Catholics in the population.
In the Record Book for 1805 there is inserted the
first of a series of important and interesting statistics
in reference to the whole island, showing the number
of the people, how they Were employed, what was
the produce of their industry, to what countries the
produce was exported, what articles were imported
and used in the island, the wages paid to servants,
the prices of provisions, the number of vessels built
in the country, and a variety of other information.
From the principal of these tables, entitled ' A re
turn of the fishery and inhabitants of Newfoundland
for the year 1804,' we learn that the number of re
sident inhabitants was 20,380, to which may be added
about 4,000 employed in the fishery, but returning to
the United Kingdom at the close of the year. Of the
resident or winter population, as it is termed, 12,345
are returned as Protestants, and 8,035 as Roman
Catholics; 701 infants were born in the same period,
and 260 persons died. The quantity of cod-fish taken
this year is reported at 609,684 quintals, of which
234 HISTORY OF NEWFOUNDLAND.
559,442 quintals were exported. The export of train
oil was 2,529 tons.
For the seal-fishery there is a special table, distin
guishing between the winter fishery and the spring
fishery. In the former 416 men were engaged, who
took (in nets) 33,965 seals, yielding 452 tons of oil.
The spring fishery employed 1,639 men in 149 vessels.
The number of seals taken was 72,774, and the quan
tity of oil made, 949 tons. To this account of the
sealing voyage the following note is appended by the
reporter : ' It is painful to remark that, owing to the
long continuance of NE. gales during the periods of
this fishery, 25 of these vessels were wrecked in the
ice, but almost all the crews were providentially
preserved.' *
The return of the salmon fishery, which is reported
as being incomplete, states that 1,197 tierces of this
valuable fish were caught and sold at a price varying
from 40s. to 60s. per tierce. In reference to the men
engaged in taking this quantity of fish, the report says
that some of them employ themselves in the salmon
fishery in the summer and furring in the winter, and
others carry on the cod-fishery as well as the salmon -
fishery. Of the herring-fishery there is only the
simple note made that it has been very inconsider
able, consisting of only ninety barrels caught at
* Such another season as this appears to have been experienced
in the spring of 1862, but owing to the greatly increased dimen
sions of the sealing business, the destruction of vessels was much
more extensive : but very few lives were lost.
SHIP-BUILDING AT ST. JOHN S. 235
Trepassy, and a small quantity in Fortune Bay, of
which no particular account has been received.
In one department of productive labour, New
foundland appears to have been much busier sixty
years ago than it is at the present day. An ' account
of vessels built in Newfoundland in the year 1804 '
gives the names of no less than thirty vessels — rigged
as sloops, schooners, duggers, brigs, and ships — the
aggregate burden of which was 2,294 tons. The
table of imports represents 550 vessels to have
brought cargoes to the island, of which 361 dis
charged at St. John's and 189 at the outports.
Among the articles imported in these vessels, bread
and flour figure at 83,389 cwt. ; beef and pork, 12,571
barrels; butter and cheese, 10,522 cwt.; tea, 95,395
lbs. ; sugar, including refined and unrefined, 4,499
cwt.; molasses, 223,204 gallons; and rum, 221,162
gallons. The latter appears an astounding item,
when we consider the amount of population, and
might well justify the sanguine dreams of Admiral
Waldegrave as to the revenue that might be raised
by a duty of sixpence a gallon on this article of
luxury alone.
The price of provisions in St. John's in the year
1804 is as follows: — Bread (biscuit), per cwt., 20s.
to 28s. ; flour, per barrel, 44s. to 50s. ; beef, per barrel,
41. ; pork, ditto, 41. 10s. to 51. ; butter, Is. per lb. ;
molasses, per gallon, Qs. Qd. ; sugar, 10<i. to Is. per lb.
Tea is not mentioned in this list of prices, which is
strange, considering how extensively it has always been
used in Newfoundland. Of the first two articles named
236
HISTORY OF NEWFOUNDLAND.
in this list — viz. biscuit and flour — it may be stated
here that in the following year (1805) the price was
more than one-third higher than in 18Q4.
The wages of men employed in the fishery at this
time varied from 301. to 501. including diet, with the
exception of the green hands and youngsters, as
beginners were termed, who received from 141.
to 1BI.
The following table is inserted in full, with the
note appended, as it illustrates the usages of the
trade — showing the percentage which the merchants
levied on the credit system, and also the different
prices which ruled in the several parts of the country.
Prices of Provisions and other Commodities in Newfoundland,
during the summer of 1805, in barter for flsh.
At St. John's
In
At Trinity,
In
Conception
Bonavisia,
Placentia
For Fish
For Bill
Bay
Fogo
Bay
Bread, per cwt. . .
40/ to 45/
32/ to 42/
45/
40|
44/ to 47/
Flour, per barrel . . .
60/ to 70/
50/ to 68/
65/ to 72/
77/
75/
Pork, „ ...
105/ to 120/
95/ to 100/
126/
130/
130/
Butter, per lb. ...
lid. to 1/2
lOd.
1/3
1/3 to 1/6
1/4 to 1/6
Rum, per gallon . . .
5/ to 5/6
3/3 to 3/9
6/6
, 7I ,
6/ to 7/
Molasses
6/ to 6/6
4/ to 4/6
7/6
6/6 to 7/
V
Salt, English, per bushel
11/6 to 18/
11/6 to 15/
18/
20/
20/ to 22/
„ Foreign, „
18/ to 25/
18/ to 20/
24/
25/
22/ to 26/
Cordage, new, per cwt.
100/
100/
112/
112/
„ twice laid, „
50/ to 56/
50/
75/
70/ to 80/
Grapnels and Anchors,
ad.
Id.
9d.
Pitch, per barrel . . .
60/ to 63/
55/ to 60/
6d. per lb.
"Vo"'
Tar,
42/ to 50/
35/ to 42/
:{
2/6 to 2/9
per gallon
} 60/
Tea (common), per lb. .
3/6 to 4/6
2/11 to 3/
5/ to 5/6
5/
Tobacco, per lb. . . .
1/ to 1/3
ad. to 9d.
1/6
1/6
Peas, per bushel . . .
11/ to 13/
12/ ,
Oatmeal, per cwt.
25/ to 32/
26/
Canvas, per piece . .
84/
95/
90/ to 105/
Some idea may be formed of the advanced price
CURRENT PRICES: APPEAL TO THE GOVERNOR. 237
charged for goods given in barter for fish, by com
paring the bill prices at St. John's with the other
columns. By reference to the foregoing table, the reader will
see not only a considerable difference between the
prices set on goods given out to be paid for in fish
and those charged for cash or bills of exchange, but
also a great disparity between the first as ruling in
St. John's and what prevailed in the outports. An
other disadvantage under which the fishermen of the
latter suffered was their ignorance of the market
price both of fish and goods — an ignorance which left
them very much at the mercy of the merchants with
whom they dealt.
A representation of this evil has been transcribed
in Chap. VII., addressed by the inhabitants of Pla
centia to Admiral Pole. In 1805 a similar appeal
was made to Governor Gower by the people of Fogo
Island, in which the petitioners declare that, ' through
the impositions of the merchants or their agents in
the said island by their exorbitant prices on shop
goods and provisions, they were from year to year
held in debt, so as not daring to find fault, fearing
they might starve at the approach of every winter.'
And further, they state ' that the said merchants
arrogate to themselves a power not warranted by any
law, in selling to us every article of theirs at any
prices they think fit, and taking from your petitioners
the produce of the whole year at whatsoever price
they think fit to give.' ' In short, let it suffice to in
form Your Excellency that they take it on themselves
238 HISTORY OF NEWFOUNDLAND.
to price their own goods, and ours also, as they thmk
most convenient to them.'
So urgent did this matter appear to the Governor,
as calling for some interference to put a stop to the
habit referred to, that he published the following
order on the subject: —
Whereas I am informed that a practice has prevailed in
some of the outports of this island among the merchants of
not informing their dealers of the prices of the supplies
advanced for the season, or the prices they will allow for
the produce, until they are in possession of the planter's
voyage, whereby the latter are exposed to great impositions,
the merchants are hereby required to make known to their
dealers before the 15th day of August in every year, or
at the time of delivery, the prices of provisions and other
commodities sold by them, and the prices they will give for
fish and oil, and to fix a schedule thereof in some conspi
cuous part of their respective stores ; and in case any mer
chant shall neglect to comply with this useful injunction,
and a dispute shall arise between him and any dealer re
specting the prices charged on such merchant's account, and
such dispute shall be brought into a court of justice, the
same shall be determined according to the lowest price
charged for such goods, and the highest price given for fish
and oil by any other merchant in that district. And the
judge of the Supreme Court, the surrogates and the
magistrates, are hereby strictly enjoined in all such cases to
govern themselves by this regulation.
Given under my hand, September 12, 1805.
E. Gower.
During the period embraced in this chapter, sub
sequent to the rupture of the peace of Amiens, though
the colony was never disturbed by a visit from the
enemies with which Great Britain was at war, yet
EMBODIMENT OF VOLUNTEERS: 1805. 239
preparations- against such a contingency were not
neglected. In addition to a regiment of regular
infantry, recruited within the island, a corps of
volunteers was formed in the spring of 1805. Its
organisation took place in the absence of the Governor,
and originated in an alarm, occasioned by the arrival
from Bermuda of intelligence that a squadron of
French ships of war was cruising in the West Indies.
On the receipt of this news, the magistrates in St.
John's were requested to ' call a meeting of the
inhabitants to take into consideration the expediency
of forming a voluntary armed association for the pro
tection of public property, or to be otherwise employed
as occasion might require, in case the enemy should
be disposed to make an attack on the island.' The
result of this meeting was the hasty formation of five
companies, each consisting of fifty respectable inha
bitants of the town, under the command of officers
chosen by themselves, and approved both by Major-
General Skerret, commandant of the garrison, and by
the magistrates. These were regularly embodied and
furnished with arms from the garrison. This corps of
volunteers was sanctioned by the Governor on his
arrival, and afterwards, while the war lasted, received
cordial encouragement both from the ministry in
England and the authorities in the colony.
The internal peace and order of the community
during this period seem to have been tolerably well
preserved — a fact which was due not only to the
regulations of the government, and the vigilance and
activity of the magistrates, but also, and in a high
240 HISTORY OF NEWFOUNDLAND.
degree, to the counsels and labours of Dr. O'Donnel,
the Roman Catholic bishop of the island. This good
man, whose beneficial efforts in the time of the trouble
in 1800 have been referred to, employed himself and
the influence of his office in a manner most calculated
to do Christian work among the somewhat turbulent
flock entrusted to his charge. Though, from the
strictness of the British laws against his order, his
only ecclesiastical rank was that of ' Titular Bishop of
Thyatira in Asia,' yet, under a government which
compelled him to resort to such an evasion of its pro
visions, he gave his heart and his endeavours to pro
mote peace, order, and loyalty, to abate party passions
and sectarian animosities, and to exorcise the bitter
ness existing in the labouring and subject classes
towards their employers and rulers,, which had too
long been rife in Newfoundland. For these services,
and for the great benefit he had conferred on the
respectable and Protestant inhabitants of the colony,
in his successful cooperation to preserve them from a
plot which had been prepared for their destruction,
the merchants of St. John's memorialised the govern
ment on behalf of the bishop, urging that he should
be represented to the King's ministers as an object
meriting some signal mark of favour. This memorial
was strengthened by the testimonies of Governors
Waldegrave, Pole, and Gambier, and by that of Major-
General Skerret, and was effectual in obtaining a
grant of 50/. a year to the Bishop during his residence
in Newfoundland, which grant was afterwards altered
to a life annuity, Avithout restricting him to dwell
ESTABLISHMENT OF THE POST OFFICE. 241
in the colony. Thenceforth, this grant appears in the
estimates for each year's expenses in the simple sentence
— ' To Bishop O'Donnel, for patriotic services, 50Z.'
When it was said that the internal peace and order
of the society were tolerably well preserved at this
time, it was not meant that the community was, in an
exemplary manner, free from offences and crimes.
Indeed, one of the saddest reflections which is occa
sioned in reading the Colonial Records, is produced
by the frequent instances of capital offences tried in
the supreme court. In a population which, at the
latest census given, only reached 20,000 souls, every
year there were two or three persons to be hanged,
and this, not through the peculiar severity of the
penal laws of that period, but for crimes which, under
the humane sentiments prevailing in the administra
tion of justice in our own days, are visited, by the
common consent of society, with no less a penalty
than death.
But already there were appearing the signs of a
demand for an improved order in the arrangements
of society, whose influence must tend to promote
social education and morals. Of all the institutions
which have helped to benefit the minds and hearts of
men, perhaps none deserves a higher place than that
of the post office, and the conveniences for social
intercourse connected with it. Such an institution
had been unknown in Newfoundland until the year
1805. The merchants depended for their corre
spondence on private conveyance, with all the
uncertainty and risk belonging to such mode of
R
242 HISTORY OF NEWFOUNDLAND.
communication. The humbler classes had no other
means of writing to their friends or hearing from
them, than casual kindness afforded, and it is pro
bable that such a chance resource was but rarely
sought for. In February 1805, Governor Gower
made application on behalf of the merchants of St.
John's for the convenience of a postmaster in that
port, to whom bags of letters made up at the General
Post Office in London might be sent as opportunity
should offer by merchant ships. To this application
he received the reply that every facility would be
given to the correspondence of Newfoundland, that a
bag would be made up in London, and that the post
master of Halifax should be made acquainted with,
and directed to act upon, that arrangement.
The year following that in which St. John's
obtained the advantage of a recognised connection
with the postal system of Great Britain, witnessed
another innovation on the stagnant habits of the
colony, and one which brought it into nearer alliance
with the features of civilized states. This was, the
establishment of a newspaper. Up to 1806 there had
been no such vehicle of intelligence, the people being
indebted for their acquaintance with public affairs
to the information irregularly received, and sparsely
circulated in private letters. Indeed, previous to this
period there had not been in existence even a
printing office, all notices from the magistrates, and
proclamations by the governor having to be copied
out by hand. With a view to remedy this want, the
magistrates, merchants, and principal inhabitants of
St. John's, addressed to Sir Erasmus Gower a re-
THE FIRST NEWSPAIER — 1806. 243
presentation to the effect that the establishment of a
printing office and the publication of a newspaper in
the town would be beneficial to the trade of the
island, by circulating advertisements and communi
cating much useful information in the out harbours.
They also requested His Excellency to allow Mr.
John Ryan, whom they recommended as a person
of good and respectable character, to settle in the
town, to carry out the above desirable object. In
answer to this representation and request the
Governor granted permission to the said John Ryan
to establish a printing office, and to publish a weekly
newspaper, to be entitled the ' Royal Gazette, or
Newfoundland Advertiser' — 'provided he shall give
bond in the court of sessions for two hundred pound
sterling, with good securities, that previous to the
printing of each number of the said paper, he shall
submit the perusal of the proposed contents thereof to
the magistrates in the said court of sessions, and not
insert in the said paper any matter which in their
opinion, or in the opinion of the Governor for the
time being, may tend to disturb the peace of His
Majesty's subjects.'
The institution thus guardedly ushered into birth
has not been the least fruitful of those introduced
into Newfoundland. The Royal Gazette still holds
its position, and is the organ for the official communi
cations of the Government. But it does not stand
alone. There are, besides five weekly papers,
four published twice a-week, one tri-weekly, and
two daily papers, an amount and variety of journal-
E 2
244 HISTORY OF NEWFOUNDLAND.
ism, which is somewhat wonderful when it is con
sidered that nine-tenths of its circulation is confined
to St. John's and the neighbourhood, with a popu
lation not exceeding thirty thousand.
These papers are conducted- with a variety of
talent; they severally represent all interests and
classes, all political opinions, and all the varieties of
religious faith and feeling ; and,- whether for good or
evil, they exert a considerable influence on the mind
and action of society.
In the same year, 1806, there commenced an
organisation, which was also to be continued to the
present day, and to be followed by examples of a
like character. This was the ' Irish Benevolent
Society,' a copy of whose rules and regulations was
submitted to the Governor for his approval. The
object which the society professed to have in view,
was to make provision by which Irishmen should
relieve the wants and distresses of their fellow
Irishmen. The Governor, in according his permission
for the establishment of the society, on the ground
that he highly approved of every institution properly
regulated, having for its object the relief of the poor
in a place where no parochial laws were established for
that purpose ; yet took the oportunity to declare his
opinion that it was better in the formation of such
benevolent societies in the place, that all national
and religious distinctions should be carefully avoided.
The magistrates were enjoined, therefore, on any
future application for a like object, to govern them
selves by the opinion thus expressed.
BENEVOLENT ASSOCIATIONS. 245
The example of the Benevolent Irish Society has
been deemed more worthy of being followed than the
sentiment and counsel of His Excellency. It has
been succeeded by three other societies, all formed on
a restricted basis — the St. George's Society, composed
of Englishmen, or the sons of Englishmen — the St.
Andrew's Society, confined to Scotchmen and their
descendants — and the British Society, a little more
catholic in its spirit, as it embraces members whose
origin may have been on either side the Tweed.
And if the preservation of these lines, of demarcation
between the subjects of the same empire has tended
to foster the feeling of a narrow nationality, which it
were desirable should give place to a larger sense of
a common unity, the evil is perhaps compensated by
the greater earnestness with which each section applies
itself to the charitable work, which it is the chief
object of these societies to perform.
A subject of higher interest than post offices,
newspapers, or benevolent societies, yet one which
denoted an element having its part and influence in
the developement of life in Newfoundland, finds a
place in the Records of this period. The following
entry is dated July 29, 1806 : —
Gentlemen, — The four persons named in the margin,
who are arrived here from Quebec, being Players, having
requested I will allow them to exhibit their Theatrical Re
presentations in St. John's, you are to permit them to do so,
so long as they shall continue to conduct themselves in an
orderly and decent manner. (Signed) E. Gower.
The Magistrates of St. John's.
246 HISTORY OF NEWFOUNDLAND.
Sir Erasmus Gower took his final leave of the colony
at the end of October 1806. Before his departure he
received an address which bore the signatures of the
merchants and other inhabitants of St. John's, con
veying the expression of their feelings of admiration
and gratitude, for the maimer in which he had
attended to the interests of the trade, and the welfare
of the people in general. And though little of excite
ment characterized the three seasons of his adminis
tration of the affairs of the country, yet during that
time he had obtained, or given his consent to the
introduction of agencies which, though unpretending
on their first appearance, were not to be the least
influential among those affecting the future of Terra
Nova. Subjoined is the cost of the civil establishment of
the colony in 1806 : — £
Salary of the Governor . . .500
Governor's Secretary . . . 182 10
Judge of the Admiralty . . .200
Naval Officer 100
Allowance to the Sheriff at 10s. per day 182 10
Do. to five Missionaries of the
Church of England . . .250
Do. to late Chief Justice, retired . 200
Do. towards building a parsonage at
St. John's 700
Pension to Rev. Dr. O'Donnel . . 50
Allowance on account of fees for the
receipt and audit . . . .100
Agent 100
s.
d.
0
0
0
0
0
0
0
0
.0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total £2,565 0 0
247
CHAPTER X.
1807-1812.
On July 26, 1807, Admiral Holloway arrived in the
harbour of St. John's, to exercise the functions of
governor over the island, and commander of the fleet
on the station. On the 28th he landed and was
received with the customary ceremonies. The same
day he took the oaths and made the necessary arrange
ments for carrying into execution the duties of the
Government. In a letter written shortly after his arrival to
Viscount Castlereagh, he expressed his satisfaction in
having to inform his lordship, that according to the
reports he had received from all parts of the island,
good order and regularity had prevailed among the
inhabitants during the winter. He was also happy to
report that the seal-fishery in the spring had been
successful, and that the cod-fishery promised to be
equally so.
One of the first acts of His Excellency was to give
his sanction to the issue of the ' Royal Gazette,' and to
cause to be recorded a ' memorandum of conditions
on which the printer is suffered to publish his weekly
paper,' viz. : —
248 HISTORY OF NEWFOUNDLAND.
Giving security in the sum of 200?., that he will not
suffer to be inserted in his paper any paragraph or extracts
from other papers, which indicated anything inflammatory
against the Government of Great Britain or its depen
dencies, or any paragraph which may tend to sow dissensions
among the inhabitants of this island, and never to give or to
suffer any opinion to be given upon the policy of other
nations, but to confine his paper solely for the benefit of
commerce, and the inhabitants of this Government and
others trading with it.
No paper of any kind is to be printed without the printer's
name at foot thereof, and he .is to keep the original manu
script of everything printed, in order to have reference to
the same if requisite. (Signed) J. Holloway.
The first number of the Gazette appeared in August,
and complied, as did the succeeding issues, with the
above conditions. Indeed, so little is there of any
editorial character, or even of intelligence, respecting
local events, that in a file of papers, containing the
publications of seven years, very scanty material is to
be obtained for the purpose of this work. Yet it is
interesting to look over these dim, soiled pages, not
only for the memories they recall of a series of events
among the most wonderful in the history of the world,
but because the reader is led to imagine that he can
realise the feelings which the tidings of these events, in
their sudden, irregular announcement, produced among
the good people of St. John's more than half a cen
tury ago. The facts which form the material of no
small portion of Sir Archibald Alison's voluminous
history, were jerked out, as it were, piecemeal by ships
that came into the port. Napoleon's continental
THE BERLIN DECREE AND THE FISH-TRADE. 249
system, and the retaliatory measures of the British
Government — the war in Friedland, and the peace of
Tilsit — the battle of Wagram — the first landing of
Sir Arthur Wellesley in Portugal — Talavera — Sala
manca — Vittoria — the boastful march into Russia,
and the desolate return — the occupation of Paris —
the battle of Waterloo; — all appear in the exciting
paragraphs which the editor of the Gazette was called
to dole out to readers who had been without a news
paper before.
Besides the excitement occasioned by intelligence
of the grander proceedings and the more startling
incidents of the war, the people of Newfoundland
were made to feel in their own interest the evils
arising out of that colossal strife. Not that there
was much danger or apprehension of invasion or
insult in its harbours, from the enemies of Great
Britain ; for the victory of Trafalgar had pretty cleanly
swept the seas of every hostile squadron. The worst
effect of the state of warfare in this country was in
relation to the export trade of the island to foreign
states. By the famous Berlin decree of Napoleon,
and the answer to it in the Order in Council of the
British Government, nearly all legitimate intercourse
between the British possessions and the States on the
continent of Europe was brought to an end. Con
sequently, the markets of the principal Catholic
countries in which had been found the best customers
for Newfoundland fish, were barred against the admis
sion of that article. This was a condition of things
which to a great extent neutralised the value of the
250 HISTORY OF NEWFOUNDLAND.
favourable fisheries which are attributed to this period.
It also called forth a memorial from the merchants
engaged in the trade, suggesting remedies for the evil
under which they were suffering. One measure
which they recommended was, that a bounty should
be given by the Imperial Government for every
quintal of dried cod-fish, every tun of oil, every tierce
of salmon, and every barrel of herring or mackerel
exported to Great Britain or any of its dependencies.
Another suggestion put forth in the same docu
ment, is curious and ingenious. It starts from the
allegation — -
That it would afford great relief to those concerned in the
trade of the island if a plan could be adopted to promote the
consumption of cod-fish in the United Kingdom. And for
this purpose, say the memorialists, we beg leave to suggest
the following, that one pound and a half of dried cod-fish
be issued to each individual in His Majesty's land forces per
week, the like quantity to be issued to the navy on the
home station and those in port, also that three pounds of
dried cod-fish per week be issued to each prisoner of war,
and that one pound and a half of dried cod-fish per week be
issued to every person employed or confined to a workhouse ;
this, on a moderate calculation, would require three hundred
thousand quintals of fish annually, besides the advantage of
having the article introduced into the interior of the country,
where at present the inhabitants have no means of procuring
it, and consequently, cannot increase the consumption.
It does not appear that this experiment in the way
of educating the British people into the use of a fish
diet, to be supplied from the stores in St. John's, was
acted upon by the English Government. But in two
months after the date of the memorial of the mer-
PERMANENT JUDICIAL ESTABLISHMENTS. 251
chants, those gentlemen were gratified by the receipt
of the following missive from His Excellency : —
' The Governor feels very great pleasure in congra
tulating the merchants of this island on the good news
received yesterday from England, of the prospect of
peace between Great Britain and Spain, which will
open a market for their benefit.'
If the people of Newfoundland had a superabun
dance of fish, which the above intelligence suggested
the hope of their being rid of, with some profit to
themselves, they were also afflicted with a scarcity of
flesh, and, indeed, of provisions of all kinds. From
the unsatisfactory state of the relations between the
mother -country and the United States, there was an
interruption to the stream which the colonies obtained
from the latter country. This was the occasion of
much suffering and apprehension in St. John's. For
weeks the inhabitants, even the most respectable, were
strangers to the luxury of fresh meat; and it was
judged needful by the authorities to issue orders for
the importation of live cattle from the Azores and
certain western islands.
There were two principal matters concerning the
government of the country which distinguished the
period of Governor Holloway's administration. One
was, the permanent establishment of the judicial
system, which had for many years been in operation.
It has been stated in Chapter VII. that in 1792, an
Act of Parliament was passed, instituting a supreme
court of judicature in the Island of Newfoundland,
under a chief justice appointed by the king. The Act
252 HISTORY OF NEWFOUNDLAND.
likewise provided that the Governor, with the advice
of the chief justice, might establish courts of civil
judicature to be called surrogate courts in other parts
of the island than St. John's. In consequence of the
favourable result of this experiment, another Act was
passed in 1793, renewing the former with some addi
tions and amendments. From the last-mentioned
year, the statute thus improved was continued by an
annual vote of the British Legislature until the year
1809, when, after a careful examination of the system
which had had so long a trial, it was again submitted
to correction, and the courts of judicature introduced
by it were made perpetual.
In the same year, the Labrador was re-annexed to
the Government of Newfoundland. It has been
before stated that after the Treaty of 1763, that
territory was placed under the administration of the
authorities in this island, but afterwards was restored
to the Government of Quebec, on account of difficulties
arising out of grants to a few persons, made under the
rule of the French. The advantages derived from the
change thus made proved to be more than counter
balanced by evils growing out of that measure. The
Labrador was so remote from the seat of Government
at Quebec, that the Americans found Httle or no
hinderance to their carrying on an illicit trade with
the people on that coast. On this subject Governor
Holloway wrote to Lord Castlereagh in 1807, suggest
ing to His Lordship the desirability of the coast of
Labrador being restored to the jurisdiction of New
foundland. This transfer was effected in 1809, and
GOVERNOR HOLLOWAY AND THE INDIANS. 253
the commission of Sir John Thomas Duckworth in
the following year appointed him governor and com
mander-in-chief over the island of Newfoundland,
' and the islands adjacent, including the islands of
St. Pierre and Miquelon, and all the coasts of
Labrador from the river St. John to Hudson's
Straits, the island of Anticosti and others adjacent,'
&c, according to an Act passed in the forty-ninth year
of His Majesty's reign, entitled — ' An Act for esta
blishing Courts of Judicature in the island of New
foundland, and the Islands adjacent, and for re-annex
ing part of the Coast of Labrador, and the Islands
lying on the said coast to the Government of New
foundland.' During Governor Holloway's period of rule in the
colony, a somewhat singular endeavour was made to
open a friendly intercourse with the native Indians.
His Excellency's plan for this purpose is thus de
scribed in his own words to Lord Castlereagh : —
To have paintings representing the Indians and Euro
peans in a group, each in the usual dress of their country.
The Indians bringing furs, &c, to traffic with the Euro
peans, who should be offering blankets, hatchets, &c, in
exchange. The pictures to be taken (by an officer com
manding one of the schooners), to the place usually resorted
to by the Indians, and left with a small quantity of European
goods and trinkets, and when taken away by the Indians to
be replaced by another supply.
This idea received the sanction of the minister;
a picture was prepared, and sent down by the
coach to the Governor at Portsmouth, whence he was
about to sail to the colony. The picture was after-
254 HISTORY OF NEWFOUNDLAND.
wards entrusted to Lieut. Spratt, who proceeded in
an armed schooner to the Bay of Exploits, in order
to attempt a communication with the aborgines. In
addition to the painting, the officer conveyed a
quantity of various articles as presents to the savages.
This mission was unsuccessful. Lieut. Spratt, after
spending some time in search of the objects he had
been sent to propitiate, without meeting with a single
individual, was compelled by the advancing season to
return to St. John's, bringing back the picture and
other articles, which were consigned to the courthouse
for the winter.
The following year, 1809, the same officer was
under orders to renew the search, and endeavour to
carry out the commission assigned to him. Whether
this second attempt was made by him, or if so, with
what success it was attended, does not appear, but
before the Governor's final departure from the colony
he engaged a William Cull and several other men to
make a winter journey into the interior of the country,
in quest of the Indians. These men, though they
did not fall in with any of them, yet came across some
interesting evidences of their existing in some
numbers in the island ; also of their means of support
and their modes of life.*
On the subject of making grants of land for erec
tions and enclosures, Governor Holloway appears to
have acted from a different feeling in the latter part
of his administration from that which he manifested
* See Appendix IV.
ECCLESIASTICAL DESTITUTION. 255
in the former. When he first came to the country, he
was rather liberal in his acceding to petitions for
liberty to build, or to fence off spots of ground. But
subsequently, as if he had grown more impressed Avith
the old view entertained of the soil, that it was to be
regarded simply as a convenience to the fishery, he
was much more chary in issuing grants, and more
vigilant and earnest to check unauthorised encroach
ments. One of the most serious evils brought under the
notice of His Excellency, was the want of spiritual
provision by the Church of England for the Protestant
population. On this subject he wrote in February
1810 a strong appeal to His Grace the Archbishop of
Canterbury, in which communication he dwelt on the
rapid and extensive increase of the resident inhabitants
of the island, the majority of whom were Protestants,
also on the indefatigable efforts that were being made
by the Roman Catholic Church in providing priests
and places of worship, while, on the other hand, the
clerical provision made by the Church of England
was actually declining, for whereas in 1806, grants
were made by the Home Government for augmenting
the salaries of five missionaries, the Governor had to
state, nearly four years later, that during the time of
his government, the number of Established clergymen
engaged in the island as missionaries had not exceeded
three, and when he left, that number was reduced to
two. The difficulty of securing and retaining proper
men in sufficient numbers for the work, he alleged to
arise from the scanty allowance made to such by the
256 HISTORY OF NEWFOUNDLAND.
Society for the Propagation of the Gospel, which was
not sufficient to afford encouragement to men of
talent and character to quit their country for labours
in so severe a climate. In a short time afterwards a
remedy was provided for this state of things, as will
appear a little further on.
In the last year of Admiral Holloway's administra
tion, the salary of the Governor was increased from 500?.
to 800?. a year. At the same time, and in consideration
of the increased business of the Supreme Court, the
Chief Justice's salary was augmented to 700?. The
returns also show, that the estimate of the charges of
defraying the civil establishment of the island expanded
at an equal rate with the multiplication of the people.
In 1810, Sir John Thomas Duckworth, Knight of
the most Honourable Order of the Bath, and Vice-
Admiral of the Red Squadron, received the appoint
ment of Governor over the colony. He was a man well
qualified for the office, and during his holding it, he
evinced an intelligent activity and diligence in all
that concerned the interests of the community placed
under his charge. He was set over it, too, at a time
when such qualifications in the Governor were
especially requisite. He was called on to promote
and carry out important changes in the internal
regulations of the capital, and of the trade in general,
and also, to meet the demands arising out of a sudden
proclamation of war on the part of the United States.
With a laudable desire to make himself acquainted
with the condition and wants of the country, he set
out in a fortnight after his landing on a voyage to the
ADMINISTRATION OF ADMIRAL DUCKWORTH. 257
several outports lying northward. This was the
first instance of a governor undertaking such a
journey since Sir Hugh Palliser, the interval sepa
rating between the two embracing about half a
century. His Excellency first proceeded to Harbour
Grace, in Conception Bay, visiting also Mosquito
Cove and Carbonier. Afterwards he sailed to
Trinity, Croque Harbour, and last to Pitt's Harbour,
on the coast of Labrador. In his visits to these
places, he found occasion to provide better for the
maintenance of peace and order, by appointing
additional magistrates, furnished with limited com
missions. One fact was made very prominent in the
course of this excursion, viz. that the systematic
encroachment on the ships' fishing-rooms, so much
complained of by the authorities in St. John's, were
still more rife in the outports, the innovators being
probably encouraged by their distance from the
notice and correction of the government.
When at the Labrador, His Excellency issued the
following proclamation to the Mic-Macs, the Esqui
maux, and other American Indians, not being the
aborigines of Newfoundland : —
"Whereas it is the gracious pleasure of His Majesty the
King, my master, that all kindness should be shown to you in
his island of Newfoundland, and that all persons of all nations
at friendship with him should be considered, in this respect,
as his own subjects, and equally claiming his protection
while they are within his dominions. This is to greet you
in His Majesty's name, and to entreat you to live in har
mony with each other, and to consider all his subjects, and
all persons inhabiting in his dominions, as your brothers,
S
258 HISTORY OF NEWFOUNDLAND.
always ready to do you service, to redress your grievances,
and to relieve you in your distress. In the same light also
are you to consider the native Indians of this island : they,
too, are equally with ourselves under the protection of our
King, and therefore equally entitled to your friendship. You
are entreated to behave to them on all occasions as you
would do to ourselves. You know that we are your friends,
and as they too are our friends, we beg you to be at peace
with each other. And withal, you are hereby warned, that
the safety of these Indians is so precious to His Majesty,
who is always the support of the feeble, that if one of our
selves were to do them wrong, he would be punished as
certainly and as severely as if the injury had been done to
the greatest among his own people ; and he who dares to
murder anyone of them would be surely punished with death.
Your own safety is in the same manner provided for. See,
therefore, that you do no injury to them. If an English
man were known to murder the poorest and the meanest of
your Indians, his death would be the punishment of his
crime. Do you not, therefore, deprive any one of our friends
the native Indians of his life, or it will be answered with
the life of him who has been guilty of the murder.
John Thomas Duckworth.
The Governor returned to St. John's September 7,
his cruise in the Antelope having just occupied one
month. The six weeks which intervened before his de
parture to England were employed by him in dealing
with some matters of a special nature, as well as the
ordinary routine of his office.
One subject which called forth his attention was
the condition of the Volunteer Corps. Though the
war in Europe was still raging, yet Newfoundland
was so little directly affected by it, that this body had
been very much neglected. Though nominally 250
BURIAL RIGHTS IN ST. JOHN. 259
strong, on His Excellency calling the men out to
make an examination of their state, only sixty -five
came to the muster, of whom, he says, thirty were
officers, sergeants, corporals, and drummers.
Another point of an unsatisfactory nature which
came before him concerned the burial of the dead.
There was but one graveyard in St. John's, which
was divided between the Catholics and the Protestants.
No minister, however, was allowed to officiate at the
interments but the clergyman of the Church of
England. This was a service of which the Roman
Catholics were not very desirous to avail themselves,
preferring, in some cases, to lay their dead friends in
the ground without any ceremonies of a religious
character. In a letter written by the Governor to
Bishop Lambert in October 1810, he complains that
a funeral had been appointed for a Catholic. The
clergyman had been there at the hour fixed, and
waited a considerable time in vain : but after he had
gone away, the corpse was brought on the ground
and interred without a minister. In consequence of
His Excellency's representations to the Home Govern
ment, the Catholics received next year the grant of a
burying-ground to themselves, with permission to
have their own priests to conduct the funeral rites.
The Protestants scattered throughout the island
evinced at this time a lively sense of their spiritual
destitution, and a praiseworthy activity towards pro
curing a supply. They built churches in several of
the outports, and subscribed liberally according to
their means for the maintenance of ministers, if such
s 2
260 HISTORY OF NEWFOUNDLAND.
could be obtained. To encourage clergymen to un
dertake charges in the island, the British Government
promised to grant a pension of 100?. a year to any
one in Holy Orders who should present a certificate of
having exercised the functions of his office for ten
years in Newfoundland.
One cause of trouble to the Governor, as it had
indeed been to his predecessor, was a dispute between
the Society of Merchants and the Chief Justice. So
pertinacious were the former in their complaints
against the latter, that Admiral Holloway was com
pletely led away by their representations, so far as to
give his opinion to the ministry that there was no
course open but the removal of the judge. The same
subject was thrust on the attention of Sir John T.
Duckworth, and he felt himself under the necessity
of laying the case before the imperial authorities. The
latter showed that they were not going to discard an
old public servant on the mere one-sided representa
tions of any body of men, however influential. They
required the charges to be drawn out in writing, and
submitted to the Chief Justice, giving him an oppor
tunity of replying to them, both accusations and
replies being submitted to their careful examination.
At the close of their protracted investigation into the
merits of the case, the ministers came to the conclusion
that the judge had not departed from, or exceeded, the
functions of his office ; that he had acted by the rules
given for his guidance ; that if he had committed any
errors they were few, and simply errors of judgment;
and that the only real fault that could be attributed
PROCLAMATION CONCERNING THE INDIANS. 261
to him was a want of graciousness in his demeanour
towards those whose animosity he had drawn on him
self. Therefore no stigma was to be attached to him :
he was not to give up what had become an unpleasant
office, but from his own choice, and then only with a
fitting and honourable provision being made for him
in some other sphere in His Majesty's employ.
The winter of 1810-11 furnished the materials of
one of the most interesting but melancholy narratives
concerning the native Indians. The British govern
ment had for a period of more than fifty years displayed
a humane anxiety on behalf of these unhappy people,
and an earnest desire to. bring about a kindly inter
course between them and the colonists.
Acting in the spirit of these endeavours, Sir John
Duckworth, soon after his arrival in St. John's in the
summer of 1810, issued a proclamation, in which,
besides enjoining all persons who might meet with
the Indians to treat them with kindness, so as to con
ciliate their affections, — he also offered to anyone who
should so zealously and meritoriously exert himself as
to bring about and establish on a firm and settled
footing an intercourse so much to be desired, the sum
of 100?., as a reward for the great service he would
thereby have rendered to His Majesty and to the
cause of humanity. It was further promised to such
person that he should be honourably mentioned to His
Majesty, and should find from the Governor such
countenance and further encouragement as it might
be in His Excellency's power to give.
Before taking his departure for England, the
Governor had projected an enterprise in the hope of
262 HISTORY OF NEWFOUNDLAND.
obtaining a communication with the native Indians.
This expedition was placed in charge of Lieut. Buchan,
commander of His Majesty's schooner, Adonis, who
was commissioned to obtain the assistance of William
Cull, and the others who have been mentioned as
having explored the interior of the country the pre
ceding year. The substance of the following narra
tive of the conduct and result of this expedition
is drawn from a letter written by the Governor to
Lord Liverpool on the subject in the year 1811.
Mr. Buchan went in the autumn of 1810 to the en
trance of the River of Exploits, and there anchored
his vessel, which soon became fixed in ice. He
then began his march into the interior, accom
panied by twenty-four of his crew and three
guides, and having penetrated almost 130 miles,
discovered some wigwams of the Indians. These he
surprised; and their inhabitants, in number about
seventy, fell into his power. He succeeded in over
coming their extreme terror, and soon established a
good understanding with them.
Four of the men, among whom was their chief,
accepted his invitation to accompany him back to the
place where, as he explained to them by signs, he had
left some presents which he designed for them. The
confidence by this time existing between them was so
great, that two of Mr. Buchan's people (marines)
requested to remain with the Indians till his return
with the presents. They were allowed to do so, and
Mr. Buchan set out to return to his depot with the
remainder of his party and the four Indians. They
travelled on together for about six miles to a place
BUCHAN S EXPEDITION AMONG THE INDIANS. 263
where Mr. Buchan's party had made fires the night
before, when the chief declined to go any farther, and,
with one of his men, took his leave, directing the
other two to go on with Mr. Buchan.
They did so, until they came near the place to
which they were to be conducted, when one of
them became apparently panic-struck, and fled,
beckoning to his companion to follow him. But the
tempers of the two men being different, the latter
remained unshaken in his determination, and with a
cheerful countenance, and an air of perfect confidence
in the good faith of his new allies, he motioned to them
with his hand to proceed, disregarding his companion,
and seeming to treat with scorn Mr. Buchan's invita
tion to depart freely if he chose to do so. Soon after
wards the party reached their rendezvous, and, having
slept there one night, they loaded themselves with the
presents, and set out again on their march towards
the wigwams.
During this return journey the behaviour of the
Indian remained the same. He continued to show a
generous confidence, and the whole tenor of his con
duct was such as to elicit the cordial esteem of the
lieutenant. On arriving at the wigwams, they were
found deserted, a fact which threw the Indian into a
state of great alarm. Still Mr. Buchan allowed him
to be at perfect liberty, and this treatment revived his
spirits. Having spent the night at the wigwams,
the party next morning resumed their route in pursuit
of the fugitives, being specially anxious about the two
marines. They had proceeded about a mile, when the
264 HISTORY OF NEWFOUNDLAND.
Indian, who was walking a little in advance of the
rest, was seen to start suddenly _ backward. He then
set up a loud scream, and fled with a swiftness that
rendered pursuit in vain. The cause of his excite
ment and his flight was too soon apparent ; for when
Mr. Buchan, a moment after, reached the spot from
which the Indian had started, he beheld stretched
upon the ice, headless and pierced with arrows, the
naked bodies of his two marines.
A fuller account of this melancholy affair is given
in an appendix, extracted from Lieut. Buchan's own
narrative.* It is not difficult to account for the dis
astrous termination of an expedition so humanely
devised. It is probable that the first of the two
remaining Indians who went in company with the
party to fetch the presents, and who deserted under a
panic of fear, on returning to his friends bore some
tale of treachery or danger to excuse his running
away, and thus led the whole body to decamp, having
first put the two hostages to death.
The unsatisfactory state of the question as to the
right to hold lands and build on them in St. John's
became a subject so pressing on the attention of
Governor Duckworth, that he was obliged to bring it
before the King's ministers, with a view to provide
a parliamentary remedy. The boundary of 200
yards in width from high-water mark all round the
harbour, which was recognised in the old statute as
ships' fishing-rooms, was comparatively disused for
* See Appendix IV.
INSTITUTION OF A FIRE-SOCIETY. 265
its original purpose. A considerable portion of it had
been appropriated, either by means of special grants
or stealthy encroachments, for habitations or buildings
for trading purposes, while there were still large
spaces kept vacant by the jealous watchfulness of the
government, on the strictly legal ground that they
were ships' fishing-rooms. In consequence of the
instructions against building, and the irregularity with
which the still clustering habitations grew up, in
connection with a rapidly increasing population, St.
John's contained the elements of a most fatal danger
in case of fire. His Excellency describes it as a town
so unhappily constructed, and so filled with com
bustible materials, that in the apprehensions of the
people the terms fire and utter annihilation had come
to be almost synonymous. To guard against such an
awful peril, the principal inhabitants had formed
themselves into a fire society, which indeed might
have been called a vigilance committee, as, in addition
to making provision to arrest an actual conflagration,
it passed rules by which fines were inflicted on persons
who, by wantonness or negligence, should expose
property to the danger of fire.
On his return to England after the first season of
his government, Admiral Duckworth carried with him
plans for the illustration of the subject of the ships'
rooms at St. John's, which he submitted to the inspec
tion of the Earl of Liverpool. At the same time he
urged upon His Lordship the propriety of speedily
making a new arrangement, the time being more favour
able for establishing a final arrangement than after a
266 HISTORY OF NEWFOUNDLAND.
return of peace, as in the latter case the government
would find a greater number of persons to throw
obstacles in the way of a change.
In consequence of his representations, the subject
was taken up by Parliament in the session of 1811,
and an Act passed, of which the following notice was
published by the Governor in September of that year : —
Whereas by an Act passed in the fifty-first year of His
Majesty's reign, entitled ' An Act for taking away the public
use of certain ships' rooms in the town of St. John's in the
Island of Newfoundland, &c.,' it is enacted that the several
ships' rooms therein mentioned, shall and may be granted, let
and possessed as private property. Notice is, therefore,
hereby given, that His Excellency the Governor will by
virtue of the authority in him vested by the said recited
Act, proceed to let or lease the said several fishing rooms in
lots, for the accommodation of those who may be inclined to
build thereon, conformably to a plan which may be seen by
application at this office, on or before the 7th day of October
next. By a proclamation published a few days after this
notice, the inhabitants were informed that the Act to
which it referred made mention of certain parts of the
harbour, viz. at the east and west ends, which were
still to be appropriated for the drying, curing, and hus
banding of fish, and liable to be claimed by the masters
of fishing ships for the use of their ships and boats
during the fishing season. It was therefore ordered
that no building whatever should be erected on the
ground so appropriated, excepting such conveniences
as were required for the prosecution of the fishery,
according to the distinct terms of the Act of Par
liament.
LEASING OF SHIPS FISHING-ROOMS. 267
How needful had become the change thus inau
gurated was quickly demonstrated by the extent and
eagerness with which advantage was taken of the
provisions of the Act. Though the area which might
be let out on lease was limited, and though within
those limits a considerable portion of the ground was
already taken up under previous grants, or by gra
dual encroachments, yet in giving account to Lord
Liverpool of the success of the scheme, within two
months of its being made public, the Governor had to
report that the annual rent of the ground disposed of
by public auction, in leases of thirty years, amounted
to about 1,600?.
His Excellency adds to his report — 'Your Lordship
will perhaps feel a degree of surprise that so small a
space of ground should have let for so considerable a
sum, but it is a proof of the measure in which the
wealth of St. John's has increased.' *
No persons seem to have been more astonished
at the pecuniary results of the measure than the
* Anspach says of this leasing of the ships' rooms : — ' They
were divided into a certain number of lots, and put up to public
auction, in leases for thirty years, renewable at the expiration of
that time upon payment in way of a fine of a sum equal to three
years' rent of the lot so purchased if built with timber, and of a
sum equal to one year's rent if built of stone or brick. The pur
chaser of a lot might at his option take the next lot adjoining
backward at the same price that he paid for the first. Party
walls between adjoining lots were to be built of brick or stone of
twenty inches thick, to stand equally on each lot. The buildings
were to be of'the height of two stories, or not less than eighteen
feet from sill to wall-plate, and no encroachments were to be
made on the space allotted for the streets by bow-windows,
porches, or other erections.'
268 HISTORY OF NEWFOUNDLAND.
merchants of St. John's, who, lest the British govern
ment should gain too much by it, forwarded an
address to His Royal Highness the Prince Regent.
In that document they state : —
That the island has been governed by laws of an ancient
date, calculated at the time they were enacted to promote
the welfare of the fishery, but inapplicable to existing cir
cumstances. Then certain tracts of ground in this town
denominated ships' rooms were appropriated to the public
use, and so continued until the last session of Parliament,
when we were surprised to find an Act had passed,
entitled ' An Act for taking away the public use of certain
ships' rooms in the town of St. John's, in the island of New
foundland, &c.'
That our Governor, Sir John Thomas Duckworth, K.B.,
has disposed of these ships' rooms on building leases, on terms
so exorbitant and unprecedented that part of them have
been leased at the rate of 7007. per acre per annum,
producing an income of near 2,000Z.
The practical object of the merchants' memorial
was to prevent, if possible, any of this money going
out of the countiy. They humbly prayed His Royal
Highness that, considering no appropriation had been
made by Parliament of the rents derived from the
leaseholds, he would be graciously pleased to direct
that such measures might be taken as should be
deemed necessary to apply the same towards the
improvement of the town and harbour of St. John's.
They also prayed for an act of the legislature to
establish a police for the protection of life and pro
perty, with power to receive and dispose of the rents
of the ships' rooms, in paving, lighting, and widening
the streets, &c.
MEMORIAL FROM MERCHANTS. 269
His Royal Highness, however, did not think
proper to comply with the merchants' address. It
is probable that the British government considered
it such a novel and good thing to be able to draw
any money from a country to which so much had
been given, and which was still receiving about
4,000?. a year for civil expenditure alone, as not
to be willing hastily to give up the partial return
from the royal property which had unexpectedly
come into their hands. The Prince Regent there
fore declared that he must reserve to himself or to
his representative acting under his instructions, the
entire control of the funds which should be derived
from the leases, assuring the memorialists that in the
application of these funds, the advantage and the
comfort of His Majesty's subjects throughout the
island should not be overlooked.
There is one paragraph in the before-mentioned
address of the merchants which deserves to be
extracted for the painfully graphic picture which it
gives of the condition of the principal town in a
colony, whose connection with the British crown
was then more than 300 years old : —
We beg leave further to state to your Royal Highness
that the town of St. John's, with the exception of one house,
is built of wood ; that the principal street is in one place not
more than six feet wide, that all our streets are narrow,
unpaved, and unlighted ; that during three months of the
year, owing to the severity of our climate, we are shut out
from all intercourse with our neighbours. Imagination
could not pourtray a more dreadful picture of human misery
than would be realised were this town, in the depth of
270 HISTORY OF NEWFOUNDLAND.
winter, to become a prey to conflagration. In addition to
these circumstances, which we are sure will forcibly im
press themselves on the benevolent mind of your Royal
Highness, we have to state that we are without a police,
without a pubhc establishment for the education of our
youth, without a market-place, and without any legal pro
vision for the poor.
The gentlemen who made this sad representation
of the condition and the wants of the capital, applied
themselves with praiseworthy liberality to provide
one useful institution to meet one of the worst neces
sities experienced by an over-crowded population.
They contributed a sum of several hundred pounds
towards the founding of an hospital for the sick.
The Governor entered cordially into the promotion of
this useful and benevolent object; he recommended it
to the Home Government, and granted a site for the
erection and grounds of the proposed building. Soon
afterwards the labouring classes, for whose benefit
such an institution was chiefly provided, lent their
aid to it by a kind of voluntary assessment of one
penny in the pound for each servant's wages, and by a
shilling annually from each seaman coming into the
harbour. The establishment thus begun still exists
in St. John's, and is one of the most valuable provi
sions for the poor which the city contains.
On the arrival of Sir John Duckworth for the
third time at the seat of government, he found such
a posture of affairs as laid aside for the season all
plans of purely social and civil improvement. For,
but a few weeks previous, the United States
had declared war against Great Britain; and it
WAR WITH THE UNITED STATES. 271
was likely that the brunt of the contest would fall
on the provinces lying on the western side of the
Atlantic. The Governor found among all classes a
lively and earnest determination to do their utmost
for the defence of the island. A meeting of the
principal inhabitants of St. John's had been held, and
a resolution come to to double the volunteer force, so
as to raise it to 500 men, all of which should be
held actively to their undertaken duty. While His
Excellency had occasion to be gratified with this so
needful display of loyalty and zeal, yet to give it a
practicable shape and force cost him no little trouble.
The gentlemen who enrolled the companies had a
high sense of their own dignity. At one time all the
captains tendered their resignation, because the
officer whom they had elected to be at their head
was not commissioned with the rank of major; and
when this point was explained to their satisfaction,
the Governor showing that the obstacle to what they
desired lay in the orders and regulations received
from the military authorities at home, still Con
ferences and discussions had to be held on minor
points, in the course of which His Excellency had,
in several matters, to yield his own opinion to that
of these independent, if zealous, volunteers for the
defence of their King and country. At length all
objections were overcome, and a respectable corps
was enrolled, which might be relied on to give assist
ance to the garrison in case of an attack. The
rest of the able-bodied male inhabitants were assigned
272 HISTORY OF NEWFOUNDLAND.
to their several posts in the various batteries, should
a like emergency call for their aid.
Nor was less activity of the same order displayed
at the different outports at the same time. Meetmgs
were held, organisations formed, old forts repaired,
and guns and ammunition applied for, all betokening
an unanimous determination to repel an invading
enemy. The Government encouraged this manifest
ation of loyalty by supplying arms, giving counsel,
and by appointing signals to enable the separated
harbours to communicate with each other, and com
bine for a common end.
Happily, these preparations and precautions were
not put to the test. The Americans had enough to
do on the borders of their own territory, to prevent
their sending any force to attack a community a
thousand miles off. The nearest approach which
belligerent activity made to the citizens of St. John's,
was announced to them by the following brief para
graph which appeared in the Gazette of August 6,
1812 : — ' A heavy cannonading was heard to-day very
distinctly, and it is conjectured that some of our
cruisers have fallen in with the American frigate
Essex. If so, we hope we shall be able to give a
good account of her in our next.'
The ' good account ' hoped for did not appear in
' our next,' which contained a sadder tale of what
had befallen the captain, crew, and passengers of the
Royal Bounty of London. This vessel, on her
voyage from Hull to Prince Edward's Island, had
been attacked by a Yankee brigantine privateer
CAPTURE OF THE ROYAL BOUNTY. 273
of 18 guns and 120 men. Though the Royal
Bounty, having a few guns, resisted, for a time, the
assault of this overpowering adversary, yet having
several of her men wounded, and one killed, she
struck her colours, when the captain of the privateer,
enraged at the loss he had sustained in the capture,
set his prisoners adrift in the boat. These afterwards
made their way to Placentia Bay, from whence they
were conveyed to St. John's.
Only by such slight incidents as these, and the
reception of prisoners taken by His Majesty's cruisers,
were the St. John's people brought into contact with
the actual doings of the war. These, and the fact
that they were liable to be assailed, kept them in a
state of vigilant preparation, to which they were en
couraged by the tidings conveyed in rapid succession
by the Royal Gazette, of a continuous series of defeats
sustained by Napoleon — England's being engaged in
a mighty conflict with whom had been the prin
cipal stimulus to the Americans to fling out their
declaration of war.
At the end of October, Sir John Thomas Duck
worth departed from Newfoundland, completing the
term of his government of the island. Before he set
sail, he received addresses from the officers of the
civil and military establishments, and from the mer
chants, expressing the high sense which the sub-
scribers entertained of the manner in which the
governor had performed the various and delicate
functions of his office, and of the benefits he had
T
274 HISTORY OF NEWFOUNDLAND.
conferred on the colony, both in regard to the re
quirements of peace, and the sterner necessities of
war. In reply, His Excellency assured the gentle
men whose approving testimony he was called grate
fully to acknowledge, that in the future, though
separated as to official position from the country, he
should ever take an interest in its affairs, and be
ready in any way he could to contribute to its
prosperity. During the three years of his administration, the
number of resident inhabitants of St. John's had risen
from 5,530 (in 1809) to 7,075 (in 1812), the relative
proportion between the Protestants and the Roman
Catholics being about the same in both sets of
figures, the latter being more than two-thirds of the
whole. In concluding this chapter, the following notice of
two calamities which, in 1812, visited Conception
Bay, where the writer was resident at the time, is
taken from Anspach : —
The small-pox as universally dreaded as it was always
fatal in its consequences, on account of the deeply-rooted
prejudice of the inhabitants of the island against any
mode of inoculation, created a considerable alarm in Con
ception Bay, where the fishery was then entering into its
full activity. Means of prevention were therefore employed
by the inhabitants, under the sanction of the magistrates,
which were fortunately attended with the desired success.
While the inhabitants of the whole district of Conception
Bay were distracted by the dread of this infection, a fire,
either accidentally or designedly kindled in the woods, was, by
the direction of the wind, making rapid approaches towards
close of Duckworth's administration. 275
the town of Harbour Grace, which it soon threatened with
complete destruction. The inhabitants, collected together by
the ringing of the church-bell, proceeded to the place under
the direction of the chief magistrate, and by cutting and
carefully clearing a semicircular space between the town
and part of the woods on fire, put a complete stop to the
ravages of that destructive element, and saved the town.
x 2
276 HISTORY OF NEWFOUNDLAND.
CHAPTER XI.
1812-1818.
A few days after his return to England in 1812, Sir
John Thomas Duckworth was invited by the electors of
New Romney to allow himself to be put in nomina
tion as one of their representatives in Parliament;
and as his holding the government of Newfoundland
rendered him ineligible for a seat in the House of
Commons, he requested Lord Bathurst to lay his
commission at the feet of the Prince Regent. In
answer to this application, he was informed that His
Royal Highness had 'been graciously pleased to
accept the same.'
Previous to tendering his resignation, the Governor
had transmitted to Earl Bathurst a detailed report of
the events of the season, of the measures which he
had deemed it proper to adopt, and of the actual
situation in which he had left the settlement. The
first part of that report related to the alarm which
had been produced in the island by the breaking out
of the war with America — an alarm which was all the
greater from the fact, that for ' years Newfoundland
had been exempt from the smallest pressure of the war.
No cruiser of the enemy had appeared upon its
admiral Duckworth's report. 277
coasts : the fisheries had been undisturbed and secure
as in time of peace : the trade had passed and re
passed without convoy : every battery in the island
(except those at St. John's), had been dismantled,
and certainly there was not on his arrival a second
harbour into which the smallest vessel of war belong
ing to the enemy might not have sailed, and de
stroyed the shipping and provisions stores, and, in
short, reduced the inhabitants into a state of little
less than absolute want.' After reciting what steps
he had taken to provide for the defence of the settle
ments, the writer gives an account of the state of the
fishery for the season, which had been moderately
successful, in some instances remarkably so. But
there had been a great want of shipping to export the
produce — ' a circumstance which was the more to be
regretted, as the European markets had been par
ticularly advantageous, and the demand for fish
unusually great.'
In the same communication, reference is made to
a memorial from the merchants and housekeepers of
St. John's, from which it appears that Parliament
had lately passed an Act, levying a duty of sixpence
per gallon on rum imported from the West Indies ;
and of one shilling and sixpence on other spirits.
These duties the memorialists regarded as imposing
a heavy burden, and as a departure from the wise
policy which the British Government had hitherto
pursued of encouraging the fisheries. They also
stated that ' the tax will fall on the consumers who
do not use it (rum, &c), as an article of luxury, but
278 HISTORY OF NEWFOUNDLAND.
necessity, not having it in their power to procure
malt liquor, as have the labouring classes in Britain.'
In another communication, Sir John Duckworth
submitted some reflections which had been suggested
to him during the period of his government of the
colony, in reference to changes needed in the ad
ministration of the laws there. His views on this
point are given with great caution, and based, as he
states, not only on his own observations, but also on
the opinions he had collected from experienced and
sensible men. On one point, there was a general
concurrence, viz. that the fisheries of Newfoundland
had become decidedly sedentary — i.e. chiefly confined
to the resident population, and that the tendency in
this direction had been so stimulated and extended
under the protracted war, that it was not likely that
any material change would be produced by a return
to the state of peace. The settled population of the
island had become so large, that every attempt to
lessen it, or even to check the rapidity of its increase
must be completely vain. This population must be
supported, and had no other resource than in the
fishery : ' therefore the quantity of fish caught by the
resident inhabitants must be so great as to leave but
little opening for adventurers who might fit out ships
from His Majesty's dominions in Europe, if they
should be disposed by the return of peace to make
the trial.'
From this state of affairs it followed that regula
tions whose professed object had been to afford every
encouragement to the fishing ships so fitted out, and
admiral Duckworth's report. 279
to discourage the sedentary fishery, had become out
of date. ' With these sentiments,' says the writer, ' I
am certainly desirous that a revision of the laws
should take place : nor am I aware that any advantage
is likely to arise from its being delayed.' He there
fore suggested the removal from the sedentary fishery
of all unnecessary impediments, by throwing open all
unoccupied places in Newfoundland which had been
accounted fishing-ships' rooms, and by taking off the
restrictions on the cultivation of the soil, allowing
grants of land to be made by the Governor to indi
viduals complying with the conditions on which such
grants were made. On the subject of cultivation,
he begged leave to submit that it had become a
question of deep anxiety, how the augmented popula
tion was to be supported, and whether therefore it
would not be better to cultivate the soil, in the hope
of lessening the difficulty, than to abstain from doing
so in the fear of adding still more rapidly to the
number of inhabitants. Like Admiral Gambier,
Governor Duckworth, discerning the signs of the
times, perceived the growing necessity of some inter
nal centre of legislation and law. On this subject he
says — 'The merchants of St. John's have formed
themselves into a society, and are making continual
efforts for the acquisition of a power which ought not
in my opinion to be vested in them. Yet the town
has become so extensive, and its inhabitants so
numerous, that it does indeed appear necessary that
a provision should be made for its better regulation,
by creating some local authority.'
280 HISTORY OF NEWFOUNDLAND.
As an evidence of the refractory spirit that was
bemg manifested by an influential class against the
established regulations, Sir John Duckworth stated
the case of a merchant who had thought proper to
dispense with the Governor's leave, and had violently
attempted to build a house which he avowed (in a
letter to the Sheriff) his intention of letting on lease
as a dwelling-house. ' This attempt,' His Excellency
goes on to say,' was not that of an individual, but was
instigated and supported by the merchants in general,
who have created a fund, the real object of which is
to oppose the measures of government, and to esta
blish the right of property upon a quiet possession of
twenty years.'
The successor to Sir John T. Duckworth was Vice-
Admiral Sir Richard Godwin Keats, K.B. He re
ceived his commission and instructions on April 6,
1813, and arrived in St. John's May 31. One of the
instructions with which he was furnished directed him
to confirm and make permanent a change introduced
by his predecessor in the police service of St. Johns.
The change was to this effect : instead of the publicans
being under obligation to perform the duty of consta
bles as a part return for the privilege of obtaining
licenses, both the number of public-houses, and the
amount of license fees were increased, by which a
fund was formed, sufficient to pay a regular salary to
a certain number of constables, whose work it was to
see to the preservation of peace and order in the
town. An article in the Governor's instructions, of more
THE CULTIVATION OF THE SOIL ENCOURAGED. 281
general importance, and significant of an altered con
dition in the community, directed his attention to the
propriety of authorising the cultivation of those lands
of the colony which might be applicable to that purpose.
He was therefore to consider himself authorised to
grant leases of small portions of land to industrious
individuals for the purpose of cultivation, taking care
however, to reserve an annual quit-rent, either nominal
or real, according to the circumstances of each indi
vidual case.
In furtherance of the design contemplated by this
instruction, the following notice was published, bear
ing date June 26, 1813 :—
All resident and industrious inhabitants desirous of
obtaining small grants of land for the purposes of cultivation
in the neighbourhood of St. John's, subject to very mode
rate quit-rents, are desired to give in their applications to
the office of the Secretary to the Governor, before the last
day of July.
Before issuing this order, His Excellency had
called for a return of all lands that were already
claimed outside the town of St. John's, with the titles
on which the several claims were based, when it
appeared that the inhabitants were proceeding rather
rapidly to do for themselves what they had tardily
received from the Government permission to do, and
this without the condition annexed in the latter case.
The return showed that between October 25, 1812,
and July 10, 1813, twenty-six persons had enclosed
plots of land of various dimensions, but amounting in
the aggregate to seventy-five acres.
282 HISTORY OF NEWFOUNDLAND.
The following extracts are taken from the letter of
the Governor to Lord Bathurst, reporting the success
of this measure. They also afford a glimpse of the
squatting system which had begun to prevail, and of
new ideas which were dawning in people's minds as
to the agricultural capacities of the country: —
The measure which I was authorised to adopt, of making
small grants of land to industrious individuals for the
purpose of cultivation, has been generally received with
becoming gratitude, notwithstanding pains have been taken
to induce the lower classes to ascribe the bounty of Govern
ment to a wrong motive. In proceeding to execute this
part of my instructions, it became necessary to make some
enquiry into the lands at present enclosed, or in cultivation,
and into the titles by which those in occupancy in the vici
nity of St. John's are held. And it is evident that the pos
sessors of a considerable portion of them have no other
claims than that which occupancy may be permitted to
establish. St. John's, with a population of nearly 10,000,
seems to have grown out of its original situation, and to be
changing its character from a fishery to a large commer
cial town, and for a considerable time past has offered such
advantages to the farmer and gardener, as to overcome all
the restraints which nature and the policy of Government
have laid on the cultivation of a soil certainly less sterile
than it has generally been considered. More than a thou
sand acres are in cultivation, and as many more perhaps
enclosed, the produce of which is confined'to hay, potatoes,
and vegetables of various kinds, crops of which may be seen
as plentiful as in England, whilst the environs of the town,
the natural beauties of which are very striking, present to
the view several neat, well-cultivated, and productive little
farms. It is a circumstance particularly favourable to agriculture
that husbandry does not interfere with the fisheries, and
that the fisheries supply the farmer with manure. The
GRANTS OF LAND BY GOVERNOR KEATS. 283
lands may be prepared, and the crops put in and taken out,
before the commencement of, and after the fishery is over.
With these advantages, and that of a certain and profitable
market, the desire to possess land for several years has been
eager and general. Proclamations repeated by my prede
cessors, forbidding persons to take possession of lands, have
been disregarded. In cases where grants or leases have
been obtained from Government, the limits have commonly
been exceeded. Pretexts of every sort which ingenuity
could devise have been resorted to to found titles, and by
paying attention to claims or pretexts of private property, of
which they are peculiarly jealous (and they have not been
invaded by me) I have found but little land in the neigh
bourhood of St. John's to dispose of.
The total number of grants made this season by
the Governor under the authority afforded by his
instructions was one hundred and ten small plots
of land not exceeding four acres. These were sub
ject to annual quit-rents of from 2s. %d. to 5s. per
acre, renewable at the expiration of thirty years at
moderate fines. The above grants were not equal to
the number of applications. Many of the latter had
yet to be decided on; His Excellency governing
himself chiefly by the recommendation of the magis
trates, paying attention to character, and considering
the circumstances and family of the applicant.
The scarcity of provisions which had prevailed in
the early part of the year 1813, had been well calcu
lated to stimulate the people to make trial of what
the land could produce towards their support. During
the first months of 1812, before the declaration of
war by America, supplies were in sufficient abun
dance, and to be had at a moderate price. But after
284 HISTORY OF NEWFOUNDLAND.
the breaking out of hostilities, the prices gradually
advanced to an unprecedented height. Fortunately,
a seasonable importation was received from Canada,
of 12,000 cwt. of bread, and 4,000 barrels of flour,
which barely dissipated the prospect of starvation
during the winter. Even with this welcome addition,
so dire was the scarcity, that at one period common
biscuit ' was retailed out in small parcels of a few
pounds as a peculiar favour to the poor, at the rate of
6?. sterling per cwt. Potatoes were sold at 35s. per
barrel (two bushels and a half), and the inhabitants
were reduced to the most alarming state of need,
when a vessel arrived from Greenock with relief.'
Before the arrival of this vessel, a committee of gentle
men had paid General Moore 7?. sterling per barrel
as a deposit for flour out of the public stores, to bake
up for the poor. Even in the summer of 1813, the
following high prices prevailed — Biscuit, 70s. to 84s.
per cwt. Flour, 120s. to 126s. per barrel. Beef, 140s.
to 147s. per barrel. Pork, 180s. to 200s. Potatoes,
22s. &d. to 25s. per barrel. On July 16, the society of
merchants reported to His Excellency that the quan
tity of provisions on hand was not more than sufficient
to supply the demand for two months, and there was
little prospect of any considerable importations.
On this subject the Governor made urgent repre
sentations to the Secretary of State, and probably, as
the result of those representations, though apparently
coming in the ordinary way of trade, large imports
were received, mostly from Great Britain, which re
plenished the stores, brought down prices, and re-
DESERTION AND IMPRESSMENT. 285
moved all apprehension of famine in the ensuing
winter. Indeed, in the following summer so great
had been the attraction to dealers of the high prices
which had prevailed in St. John's, that the society
of merchants memorialised His Excellency, stating
that the market was so glutted with flour, that it was
impossible to sell it, and asking him to remove the
prohibition against exporting it elsewhere.
If the leasing of ship's rooms and the letting out of
lands around St. John's denoted that the old ideas
and laws in reference to Newfoundland were going
out of date, other facts, of which there had been fre
quent examples before, but which were specially
brought under the cognisance of Sir Richard Keats,
showed that the ground on which the old institutions
had been maintained, viz. that they fostered the best
nursery for British seamen, had become a flimsy
delusion. Instances of desertion from the King's
ships are among the most frequent facts noticed in
the Colonial Records. The commander of the ship
Hyperion having lost, in less than two months,
thirteen men by this crime, had sought to make up
his complement by impressment — a system which
was then in common use in the mother-country.
But finding difficulties in the way of this, from the
confessed impotence of the civil power, he laid his
complaint before the Governor. In that communica
tion, he stated that there could not be less than
10,000 men in the island, in every respect eligible
for His Majesty's Service by sea, into which service
they would inevitably find their way, if compelled to
286 HISTORY OF NEWFOUNDLAND.
return to their homes at the expiration of the fishing
season; but staying behind, they were practically
exempted from this liability.
This immunity from impressment was a temptation
to men in the United Kingdom liable to that measure to
transfer themselves to Newfoundland; ' and,' says the
indignant officer, 'unfortunately the evil does not
rest here, for this supposed protection from impress
ment furnishes a most powerful argument to the
numerous crimps and other disaffected persons, in aid
of their incessant endeavours at seducing from their
duty the seamen already in His Majesty's Service,
and persuading them to desert, in evidence of which
I appeal to the notorious fact, that the crime of deser
tion from His Majesty's Ships is practised to a greater
extent in this island than in any part of the world
besides.' Thus the brave nursery for the British
navy, whose praises had been toasted by fishing
admirals and western merchants for half a dozen
generations, proved, when examined, in the very
crisis of a grand national struggle, a refuge to protect
the unwilling from being taken into the sea service of
the nation, and an outlet by which those who were
weary of the service could step from under the
yoke. The merchants of Newfoundland were not un
acquainted with the progress of events in Europe;
though at uncertain intervals, the news travelled to
St. John's of the exodus of the French army from
Spain; the disastrous flight of Napoleon over the
frozen wastes of Russia, and the patriotic rising in
PROPOSED EXCLUSION OF FOREIGNERS. 287
Germany. The tidings of these events suggested
the probability of a speedy peace supervening in the
long and weary war in the Old World. If New
foundland had suffered from that war, and the still
more recent one which had broken out with the
United States, yet she .had received the compensating
gam of the exclusive use of the fisheries. The next
thing was to endeavour to retain the advantages
derived from the war, with the commercial security
which would be brought by the advent of peace.
In the hope of obtaining this end, the Society of
Merchants in St. John's presented to the Governor,
on the eve of his departure from the colony at the
close of the year 1813, a memorial declaring the
loyalty of the subscribers, setting forth the injuries
which they and the nation generally had suffered
from the concessions made in former treaties to the
Americans and the French, and stating the benefits
which had been derived by the exclusion of foreigners
from these waters. It was a very able paper, and the
burden of it was to ' urge the important policy, should
fortunately the circumstances of Europe encourage
the hope of carrying it out, of wholly excluding
foreigners from sharing again in the advantages of a
fishery from which a large portion of our best national
defence will be derived.'
How little of truth was contained in this latter
sentence the reader can estimate by reference to pre
ceding paragraphs. That the British Government
did not consider the salvation and strength of the
British Empire to depend on having the exclusive
288 HISTORY OF NEWFOUNDLAND.
possession of the Newfoundland fisheries was soon
evident. On April 27, 1814, Earl Bathurst trans
mitted to Sir Richard Goodwin Keats the intelli
gence that a convention for the cessation of hostilities
with France by sea and land was signed on the 23rd
instant. On June 8, his lordship forwarded a copy
of the definitive treaty of peace, signed at Paris on
May 30, by the respective plenhpotentiaries of Great
Britain and France. Article VIII. of that treaty
disposed of the hopes which the Newfoundlanders
had striven to entertain, by declaring that His
Britannic Majesty 'engages to restore to His Most
Christian Majesty the colonies, fisheries, factories,
and establishments of every kind which were pos
sessed by France on January 1, 1792, on the seas and
on the continent of America.'
This great concession, in which France alone was
interested, at the conclusion of a war, in which
France had been the disturber of Europe, at the time
when the ruler of France was indebted for his throne
to the exertions and the sacrifices of the conquerors,
may be regarded as displaying the magnanimity of
the nation which had laboured longest and done the
most to bring about the act of pacification ; but the
policy of the surrender, having respect to British
interests and the world's peace, is very open to
question. Whether or not the Newfoundland fish
eries contribute much to that arm of strength, the
navy of the United Kingdom, there can be little
question that, deprived of a participation in those
fisheries, France would be almost without a navy
at all.
PAMPHLETS OF DR. CARSON. 289
Contemporaneous with the advancing prospect of
the return of peace, there had sprung up with speedy
growth the forerunners of internal conflicts, which
were to be the occasion of new anxieties to the
governors of Newfoundland. This change may be
attributed to various causes — the rapid increase of the
population, the great prosperity of the latter years
of the war, the abnormal state of the administration
of the country as compared with other colonies, and
the general dissemination of ideas in regard to the
rights of self-government by the people. The, in
habitants of St. John's had doubled in numbers during
the nine years from 1805 to 1814, and the increase
was almost entirely due to immigration from Ireland,
therefore composed of people that seem to have a
special aptitude to encourage the vocation of an
agitator. This vocation, as pursued for political
purposes, seems to have been inaugurated in 1812,
and was the occasion of such trouble to Sir John
Duckworth, that he brought it before the notice of the
Secretary of State, in a communication to whom he
gives the information that a pamphlet had recently
appeared written by Dr. Carson, a physician in St.
John's, of a very libellous character concerning the
authorities and the system of government in the
colony. Sir John also stated that he understood
that another was preparing by the same pen, of a still
more infamous character; and he thought it was a
matter which called for some interposition by the
functionaries of the law.
The second of these pamphlets thus alluded to
u
HISTORY OF NEWFOUNDLAND.
made its appearance in 1813, and was brought before
the notice of the Earl of Bathurst by Sir Richard
Keats, who prefaced his account of it by 'lamenting
that the state of comparative happiness prevailing in
Newfoundland should suffer any interruption by the
am of wicked and designing men, who by an abuse
of the mild laws under which we live, by poisonous
publications, and on frivolous and groundless pretexts,
are increasing in their endeavours to fill the minds of
the unwary with suspicions, and to bring into dis
respect and contempt the government by which they
are protected.' His Excellency declared that ' the
practice of this vicious conduct was of very recent
dare in Newfoundland, its root and origin lying no
farther back than the preceding year ;' but he adds,
'the progress has been very rapid.' Emboldened
perhaps by the pamphlet first referred to by Sir John
Duckworth passing unpunished, the author imme
diately produced a second equally vicious, though not
equally libellous.
Copies of the second pamphlet thus described are
still in existence, and can be referred to by those who
are curious to see how far the first attempts to elicit
a demand for legislative institutions in the community
deserve the very inculpatory terms applied to them.
To the author of this history, who has read the
pamphlet, it docs not appear that there was anything
dangerously disloyal or immoral about it, or indeed
anything specially offensive, saving a few hard words
concerning the despotism, pride and ignorance
ascribed to the governors of Newfoundland. The
RISING POLITICAL FEELING. 291
real sting of the pamphlet was its truthfully expound
ing the unnatural position. in which the colony was
placed in respect to its rulers, and its setting forth the
absolute necessity for a radical change, arising from
the extensive growth of the population, and the new
social elements which had been attendant on that
growth. The worst evil to be apprehended from the
pamphlet arose not so much from what it contained
as from the character of the people among whom it
was disseminated. This evil is thus touched on in
Sir Richard Keats' letter1—' As the consequences of
such publications on the minds of people perhaps too
easily influenced, and too open to the arts of seduction,
cannot be estimated by any comparison with effects -
produced by similar acts in a country in which they
are common, I have deemed it my duty not to suffer
them to pass unnoticed to your lordship. The authors
of these scurrilities by taking to themselves credit for
having forced Government into the late measure of
granting lands, and other low arts, are fast acquiring
a consequence and popularity, not very favourable to
the quiet and subordination of the people, the effects
of which begin to be visible in the conduct of some
magistrates seemingly intimidated in the execution of
their duty.'
But notwithstanding the dislike of His Majesty's
representative and the timorous forebodings of some
of His Majesty's subjects, the leaven of a demand for
local legislation and government had been introduced,
and was not to be eliminated, but to go on doing its
u 2
292 HISTORY OF NEWFOUNDLAND.
fermenting work, until the majority of the better
classes, from patriotic or ambitious motives, should be
influenced by it, and these in their turn, directing the
more ignorant minds of the great body of the labour
ing population, should produce a clamorous cry
sufficiently strong to obtain the coveted boon from the
Imperial Parliament.
Besides the manifestations of a rising pobtical
feeling, St. John's witnessed the outbreak of disturb
ances having another origin, and some of which were
of a character as ludicrous as alarming. In the early
part of the year 1815, a great panic seems to have
possessed the merchants and principal inhabitants on
the subject of mad dogs, in consequence of which the
court of sessions (the grand jury having made a present
ment that hydrophobia actually existed among the dogs
in the town) issued an order to the effect that all dogs
whatsoever found at large and unmuzzled should be
destroyed ; a reward of five shillings being offered for
each dog so destroyed. This notice excited strong
feelings among the lower orders, by whom dogs were
esteemed a necessary household appendage. A few
days after the putting out of the proclamation, the
Chief Justice on his arrival at the courthouse had put
into his hands a letter sealed and directed to him,
which had been fixed against the gates of the court
house. The following is a copy of the letter, tran
scribed verbatim et literatim : —
THREATENING LETTER TO THE CHIEF JUSTICE. 293
To the Honorable Cesar Colcough, Esq., Chief Judge in the
Supreme Court of St. John's, and in and over the Island of
Newfoundland, fyc, $t., 8fc.
The humble petition of the distress3 of St. John's in
general most humbly sheweth : —
That the poor of St. John's are very much oppressed by
different orders from the Court House, which they amigine is
unknown to your Lordship, Concerning the killing and
shooting their doggs, without the least sine of the being
sick or mad. "Wee do hope that your Lordship will check
the Justices that was the means of this evil Proclamation
against the Interest of the poor Families, that their dependance
for their Winter's Fewel is on their Doggs, and likewise seve
ral single men that is bringing out Wood for the use of the
Fishery, if in case this business is not put back it will be the
means of an indeferent business as ever the killing the
Doggs in Ireland was before the rebellion the first In
stance will be given by killing Cows and Horses, and all other
disorderly Vice that can be comprehened by the Art of
Man. Wee are sorry for giveing your Lordship any uneasines
for directing any like business to your Honour, but Timely
notice is better than use any voilance. What may be the
cause of what we not wish to men' at present, by puting
a stop to this great evil. Wee hope that our Prayrs will
be mains of obtaining Life Everlasting for your Lordship
in the world to come.
Mercy wee will take, and Mercy wee will give.
This communication produced a considerable degree
of angry apprehension among the guardians of the
public peace. It was viewed as indicating in a portion
of the lower classes of the people a spirit similar to
that which brought forth evil fruits in Ireland. The
Chief Justice looked upon the letter as of such a
threatening character that he put forth a proclamation
294 HISTORY OF NEWFOUNDLAND.
offering a reward of a hundred pounds for the dis
covery, either of the writer, or of the person who
affixed it to the courthouse gates.
About the period when the anonymous petition was
so suspiciously conveyed to the Chief Justice's hands,
there had sprung up other social symptoms, which,
besides being disagreeable in themselves, were sugges
tive of feelings of alarm. The Irish, who formed the
greater proportion of the fishermen and labourers, some
thousands of whom were but recent importations,
brought with them to Newfoundland the local feuds
with "their distinguishing names, with which they had
been familiar in their native land. And as they ob
tained in the new country more considerable means
for the indulgence of dissipation than they were used
to in the old, conviviality after their fashion was more
abundant, often bringing into uproarious and danger
ous activity the clannish passions by which they were
possessed. Nor was the exercise of these dispositions
checked, when, from the advent of less prosperous
times for the fishery, the labourers had to content
themselves with a corresponding diminution in their
wages ; for this was a cause of sorrow for which the
poor and ignorant knew no other consolation than the
bottle, with its potent tendency to promote tumult
and riot.
Two great Irish factions had established themselves
in St. John's. They had various names, denoting
the different parts of Ireland from which they came.
The watchword of those from the county of Tippe-
rary was ' Clear Air ' — that of the men of Waterford,
IRISH FACTIONS IN ST. JOHN'S. 295
' Whey Belly ' — while those of the county of Cork
were designated ' Dadyeens.' This combined one
principal faction. The other side was composed of
' Doonees,' or Kilkenny boys, and ' Yellow-bellies,'
significant of the Wexford men.
Each side resided in a particular quarter of the
town, and had its proper commanding officers, with
one at the head, who bore the lofty title of General.
' If any of either party incautiously ventured into the
enemy's quarters, he was punished for his temerity,
for he was questioned as to who he was ; and as his
pride would not permit him to deny his country, he
was instantly knocked down by the person asking the
question with an huzza, as the case might be, for the
" Clear Airs," or vice versa, and beaten by all present.'
Sometimes proposals were made for a more equal and
deliberate fight, as in the following case, when ' one of
the generals, stripped ready for action, went at the
head of two hundred men, and gave a formal challenge
to a General Fynn to fight him, either in single
combat or at the head of his forces.' Such challenges
were seldom declined; and if they began with a
single combat between the two principals, they soon
fell into a general melee, with an extensive product
of broken heads. Sometimes these clan- encounters
took place in the town; sometimes the belligerents
marched to what were called the Barrens, where they
could battle it out to their heart's content, and in most
instances free from interruption by the authorities.
Their return from the field, however, with their
wounds and bruises, and the dregs of the mad
296 HISTORY OF NEWFOUNDLAND.
passions which had been stimulated in the conflict,
boded but ill for the peace and order of the respect
able inhabitants who had taken no part in the fray.*
This spirit of faction was so strong as to prevail
over the feelings of religious subjection and unity by
which the children of Catholic Ireland have always
been distinguished.
Dr. Lambert, the Roman Catholic bishop, who is
spoken of by all parties as a very loyal, honest, and
well-intentioned man, had seen fit to suspend one of
his priests, a Father Power. The Chief Justice says
of the latter : —
He is very popular and has occasioned a great schism
among the people, and he seems to me to have more sup
porters than the bishop. He is either a County Tipperary
or Waterford man. The bishop is a County Wexford
man, as are also his two domestic chaplains, and I believe a
large proportion of his clergy. This seems to have given
umbrage to all the persons coming from the part of Ireland
of which Power is one, and every demonstration of respect
and attention is paid to Mr. Power, the suspended priest,
and some very respectable people speak very favourably of
him. Altogether these feuds, springing from a national
characteristic, and fostered by various causes, gave
sufficient trouble both to ecclesiastics and the civil
authorities, and were the occasion of much alarm to
quiet and orderly 'people. They were destined to
prevail for a long period. Neither denunciations
* The account of the party quarrels contained in the text has
been taken from an amusing letter written by Chief Justice
Colclough (himself an Irishman) for the information of the
governor, who was in England.
CLOSE OF GOVERNOR KEATS'S ADMINISTRATION. 297
from the altar, nor the inflictions of punishment on
such as had taken a flagrant part in the riots, could
prevent these disorderly and dangerous outbreaks.
They were continually renewed for the greater part
of a generation, and then yielded to what is perhaps
a modified diversity of the same spirit — a somewhat
hostile recognition of a difference between recent im
migrants from Ireland, and those of Irish descent,
indeed, but natives of the soil of Newfoundland. Any
bitter division of feeling on this score, however, is
now almost entirely confined to periods of political
excitement. In 1815, Governor Keats completed the term of
his administration of the affairs of the colony.
During the three years in which he had been at the
head of the island he had seen great changes take
place, and he left with a perception of other changes,
the elements of which were preparing. He had wit
nessed an unexampled degree of prosperity in the
trade of the country. With tolerably good fisheries,
the merchants had sold the product for such prices as
had never been known or dreamt of before. The
fishermen received enormous wages, which they lavishly
spent on what was furnished from the merchants' stores.
The only drawback to these signs of good fortune,
was hi the high price of provisions, sometimes entailing
the danger of scarcity before the close of the winter.
His Excellency had also marked the rapid growth of
a political agitation aiming at the acquisition of some
popular power in the direction of the Government.
This was a sign which the Governor evidently did
298 HISTORY OF NEWFOUNDLAND.
not like. In a letter to the Secretary of State on this
subject, he speaks of the populous town of St. John's
being ' too easily agitated, and subject to the influence
of a party which affects a popular character, the
leaders of which have little or no connection with the
fisheries. Hostile to the ancient system of policy,
they endeavour under any pretext to excite mistrusts
and jealousies. Their immediate object it would seem
is to obtain some change in the Government, the
accomplishment of which in its full extent could not
fail to prove highly injurious to the interests of
Newfoundland. '
Like his predecessors Admiral Keats had to make
a sad report of the insufficient provision made by the
Church of England, to meet the religious wants of
Newfoundland : —
Your lordship will very much regret to hear, that, not
withstanding the addition made to the missionaries'
salaries last year, and the very liberal offers made by the
inhabitants of several of the outports to induce missionaries
of the Established Church to reside amongst them, no addition
has been hitherto made to their scanty numbers, three only
residing in Newfoundland. This is the more to be lamented
as the country seems fast settling, the population of which
unquestionably exceeds the return made to Government, is.
rapidly increasing, and there seems generally to prevail
among the Protestants a preference for the established form
of worship. Shortly after Sir Richard Goodwin Keats had
taken his departure from the island, St. John's was
visited by the first of a series of calamities, producing
a large amount of fear and distress. On Monday,
GREAT CONFLAGRATION IN 1816. 299
February 12, 1816, about eight o'clock, a fire broke
out in a house in a part of the town known by the
name of the King's Beach, and speedily communi
cated to the houses adjoining, and burnt with so much
fury, that one hundred and twenty houses, the homes
of about a thousand men, women, and children, were
consumed before the conflagration was stayed. Thus
in the very heart of the cold season, in a proverbially
cold country (the whole coast at the time was
blockaded with ice), this multitude of persons, in
addition to the loss of nearly all their property, were
destitute of the shelter of a roof except such as charity
might provide. Fortunately the fire was prevented
from communicating with serious effect with the south
side of Water Street, where all the stores were kept,
or the calamity which would have ensued must have
equalled all that imagination can picture of a scene of
woe. Amongst the buildings destroyed were the two
Printing Offices, and the newly-erected Wesleyan
Chapel. The Custom-House was on fire for some time,
but happily was saved from much damage. The
whole loss sustained was estimated at more than a
hundred thousand pounds. It is painful to quote the
following extract from the letter containing a report
of this disastrous event, but it points out a fact which
has been too frequently exemplified on like occasions
among the lowest orders of the capital : —
Amidst this awful scene of confusion, so unavoidable on
such occasions, it is a melancholy fact that too many of the
populace were more intent on plundering the unfortunate
sufferers, than in affording them aid and assistance for the
300 HISTORY OF NEWFOUNDLAND.
preservation of property or the extinction of the flames,
some of whom have been since tried, convicted and publicly
punished for offences of this description. Still, however,
property to a very considerable amount, which is known to
have been rescued from the flames, is kept in concealment
from the suffering owners by these unfeeling wretches.
The merchants came forward for the relief of the
distressed. In less than a week they had made sub
scriptions to the amount of between two and three
thousand pounds. The magistrates also drew largely
on the public funds of the district. One of the last
acts of the Governor was to transmit to the Ministry
an account of the fire, and the extensive suffering
occasioned by it, in answer to which representation,
his successor was authorised by the Lords of the
Treasury to draw for a sum not exceeding ten
thousand pounds, to be applied, not on the principle of
indemnification for losses sustained, but exclusively to
afford temporary relief to those who were absolutely
deprived of the means of subsistence.
On May 18, 1816, Admiral Keats was, in answer to
his request to be relieved of the duties of his office,
notified, by order of the Prince Regent, that Vice-
Admiral Sir Francis Pickmore was appointed his
successor. The short period of this gentleman's rule
over the island was one of the saddest and most
trying that had ever been experienced by the in
habitants of the colony, and the like of which has
never been repeated since. Before entering into the
causes and the manifestations of this time of distress,
a dreary account of which must occupy a considerable
IRREGULAR MARRIAGES. 301
space, there are one or two items of lesser interest that
merit a place in this history. One of these relates to
the subject of marriages. Notwithstanding the
frequent representations which had been made to the
Home Government, of the unsatisfactory state of the
law in regard to this important social institution, no
special enactment had been made applicable to the
circumstances of Newfoundland. The consequence
was that the few clergymen of the Church of England,
naturally possessed with the ideas proper to their
position in England, considered themselves to be the
only persons authorized to conduct marriages, at least
in those parts of the island where they resided, and
treated as of very doubtful validity such unions as
under other sanctions were formed beyond their
districts. On the other hand, a large portion of the
people stood on what were known to be the customs
of the country, by which marriages performed in the
presence of magistrates, or of ministers of what per
suasion soever, become legal and binding. On
September 28, 1816, the Reverend David Rowland,
Established Clergyman at St. John's, memorialized the
Governor, informing him that ' the Methodist Ministers
had lately taken upon themselves to solemnise the
rites of matrimony in the town, contrary to the laws
of the realm, and to the irreparable injury of the
persons concerned and their innocent offspring,' and
requesting his Excellency to adopt measures to prevent
the recurrence of such abuses.
On the receipt of this communication, the Governor
sent for the two dissenting ministers in St. John's,
302 HISTORY OF NEWFOUNDLAND.
Mr. Cubit, Wesleyan, and Mr. Sabine, Congregational-
ist, with a view to represent to them the impropriety
of their conduct. Their answer to his representations
was to the effect that there was no law to prevent
their conducting marriages; and when, further, he
endeavoured to lay a restriction on them, not to
perform the marriage ceremony in future at any place
in Newfoundland, where there was a clergyman of the
Established Church resident, they were so far from
recognising his power to enforce the restriction, that
on taking their leave of him, they expressed themselves
ready to meet all consequences.
From a letter addressed by the Episcopal clergyman
who had just been appointed to Twillingate, it appears
that from the absence of regular religious services,
conducted by an ordained minister, a great number
of the people had lost the sense of the sacredness of
the Sunday, and were in the habit of prosecuting the
fishery on that day, as on others. To put an end to
practices which were ' a great scandal of religion, and
tended to the corruption of good morals, both in the
district specified and elsewhere,' His Excellency
strictly enjoined all magistrates to take special care
that the Lord's-day be devoutly and duly observed
throughout the island.
Previous to his leaving England for his second and
last visit to his government, Admiral Pickmore
received instructions indicative of altered views
entertained by His Majesty's ministers respecting the
capacities and requirements of the colony. By one of
these he was empowered, in consideration of the
LORD BATHURST'S LETTER TO THE GOVERNOR. 303
representations which had been made from time to
time, as to the distressed state of the population of
Newfoundland, and of the fact that notwithstanding
the ungenial climate, the country might nevertheless
be adapted to raise many articles of subsistence,
especially potatoes, to take measures to ascertain
those parts of the island in which cultivation was most
likely to be attended with success, and then to proceed
to make grants of the same to any individuals willing
to engage in the cultivation of them, ' taking care
always that the grants made be not beyond the means
of the individual to cultivate, and that a small quit-
rent per acre be reserved for the use of His Majesty.'
The Governor's instructions also called his attention
to two circumstances on which His Majesty's Govern
ment were desirous of receiving his observations and
opinion : —
In the first place (so ran the letter of Lord Bathurst), 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 desirous 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.
And in the next place, considering the natural difficulty of
communication between Newfoundland and the other North
American colonies, and the consequent impossibility of at all
times affording protection either against external attack, or
internal commotion which its inhabitants have a fair right to
demand, I am most anxious that you should consider the
propriety of organising a militia force in the colony, and
state to me the details of any arrangement which you may
consider effectual for that object.
304 HISTORY OF NEWFOUNDLAND.
But all matters of an ordinary nature were com
pelled to occupy a subordinate place in the thoughts
of His Excellency in presence of the accumulated and
diversified difficulties and troubles which followed
each other in rapid succession during his brief admin
istration. The beginning of the trials, both to the
Government and the people, was the natural conse
quence of the exaggerated and artificial extension
which had been given to the trade, in the latter years
of the war, and the sudden collapse of such extension
on the establishment of peace. For three years the
Newfoundland fishermen had the entire seas to
themselves, neither Americans nor Frenchmen com
peting with them. The seasons, too, were favourable
to the prosecution of their enterprise under this
enlargement of privilege. At the same time the
markets of Europe were opened one after another, to
the exclusive enjoyment of the merchants. Conse
quently, while an unusual quantity of fish was taken,
every quintal of fish sold at a price equal to three times
what it had fetched a few years previously. Men's
wages rose in proportion to this unwonted prosperity
of the trade, and the high wages invited emigrants in
great numbers. In 1814, nearly seven thousand
persons arrived in Newfoundland, and in 1815, when
the prospects of good fortune were diminishing, four
thousand came to increase the population. A large
part of these took up their abode in St. John's, the
inhabitants of which increased between 1812 and 1816,
by the addition of one-half to the census of the former
period. To meet this influx of new residents, there
SIGNS OF AN APPROACHING PANIC. 305
was far from a proportionate enlargement in the
dwellings for their accommodation, a disproportion
which necessitated a closer crowding in the houses
already built.
The peace first with France and then with America,
which diffused so much joy throughout Europe and
the States, was the forerunner to a long train of
disasters in Newfoundland, a great part of which were
directly due to the peace itself. The French and
American fishermen resumed their activity on the
banks and those parts of the coast conceded to them,
dividing with the islanders the produce of the seas,
and becoming formidable rivals with them in the
markets of the world. The prices of fish almost
immediately fell to one half, and rapidly descended
to a lower figure. Meanwhile the arrangements of
the merchants in accommodating themselves to the new
disposition of affairs lagged behind the progress of
events. They were still under the obligations arising
from high wages, and other items of an extravagant
outlay, when their stocks and what they had to
receive fell to less than a moiety of their anticipated
value. Such a complication inevitably entailed the
prospect of bankruptcy. The crash came at the close
of the season in 1815, causing the surrogate court and
the court of sessions (the Supreme Court not sitting
in consequence of the illness and absence of the chief
justice) to be filled with melancholy business. The
principal surrogate writing on December 18, 1815,
thus describes the effect of the ruinous svstem of
S06 HISTORY OF NEWFOUNDLAND.
credit pursued by the merchant cooperating with the
untoward aspect of the trade generally.
' This has led to the consequence of producing a
greater number of failures than ever were before
known to have taken place in any one season. Up
wards of seven hundred writs have been issued since
the settlement of public accounts in October last, and
I believe near forty declarations of insolvency.' From
a later communication addressed to Earl Bathurst, it
appears that no less than 920 cases, arising out of the
extensive failures, were brought under the civil juris
diction of the court.
As may be supposed, such a wide-spread evidence
of commercial instability could not but have a serious
effect on multitudes besides the parties immediately
involved in the sudden calamity of insolvency.
Parties employed by them with their dependent
families were immediately deprived of the means of
earning their bread, and many, too, failed to receive
the wages for which they had toiled in the summer.
It needs not be pointed out how these evils were
aggravated by the fire before referred to, occurring in
the heart of winter, and rendering hundreds destitute
of a home, and all that they had laid up there.
The summer which followed was only less depress
ing in its features than the preceding winter. From
the failure of so many houses, great numbers of people
were without any engagement for the fishing season.
The quantity of fish taken was small in proportion to
those employed, the weather moist and unfavourable
to the drying and curing of what was collected from
THE PANIC OF 1816. 3o7
the sea : and the price in the foreign markets was
continully going down. And still there were new
comers to feed upon the scanty resources of an
impoverished country. There were heartless men in
Ireland, who, for no other gain but that of passage
money, put out attractive advertisements setting forth
what a Goshen in Newfoundland invited a wretched
peasantry, and having crowded their vessels with
miserable dupes, and exposed them to the storms of
the Atlantic, turned them ashore at St. John's to shift
for themselves, without any possible means of subsis
tence or of getting employment.*
Again the months of winter were drawing on, with
small provision to meet its imperative demands.
From the unsatisfactory condition, and doubtful re
liability of the mercantile houses that remained,
foreign correspondents were little inclined to be ex
cessive in the consignment of supplies to be deposited
in stores that might be put in charge of the sheriff,
and even of such goods as were expected,, the arrival
of a portion was prevented by the early incidence and
continued severity of the season; consequently the
dark look out of that sad Christmas time revealed
the hideous spectre of famine brooding over the land,
for some months to come.
This apprehension was speedily justified. Nothing
but the able and untiring efforts of Captain Buchan,
Surrogate, and Commander of His Majesty's ship Pitre,
aided by the vigilance and activity of the magistrates
* From a letter of the chief magistrate to Governor Pickmore.
x 2
308 HISTORY OF NEWFOUNDLAND.
and merchants, preserved St. John's from such scenes
of suffering, aggravated by anarchy as distressing, as
were ever witnessed in a doomed city. As it was, he
had to put his own men on short rations, and draw from
the Commissariat stores five hundred tierces of flour
to be made up into biscuit, and doled out to famishing
applicants. The following extract, from an address
of thanks presented by the inhabitants of St. John's to
Captain Buchan, on the return of the summers, supplies
a sufficiently vivid picture of the distress of that sore
time. After stating a few facts in reference to the
commencement of the winter, the subscribers to the
address go on to say : —
It was under such circumstances, when, in the midst of a
winter the most unceasing and unrelenting, the labouring
class of people were no longer able, under their half-
famished condition, to support their usual winter's toil, when
the stock of provisions which the more opulent families had
provided for their own use was nearly exhausted by their
own consumption, and their daily continued charities to the
destitute, when the purses of the inhabitants were drained by
constant contributions, and when even donations in money
to the poor were unavailing to relieve them, since provisions
were not to be bought at any price, that you, sir, were seen
conspicuous in public exertions to afford the only refuge to
which those suffering the calamities of impending famine
could address themselves for succour.
At this distressing crisis you afforded us from His Ma
jesty'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.
This time of extreme distress and fear was mitigated
as the advancing weeks led on through spring to
DISTRESS OF THE INHABITANTS, 18] 6-1 J. 309
summer. But the return of the accustomed period of
activity brought little revival to the prospects of the
country. Multitudes of persons were going about the
streets unemployed, kept alive by the charity of their
neighbours. It had become a matter of paramount
necessity to ship great numbers of these to Ireland or
elsewhere. Indeed, it should have been mentioned
before, that this system of removal had commenced on
a large scale at the close of the year 1816. Besides,
two ship loads of poor wretches who were sent back
to their native country at the Governor's expense, more
than a thousand persons were thrown as a burden on
the people of Halifax. The arrival of this shoal of
paupers formed the subject of remonstrance from Lord
Dalhousie, who administered the affairs of the colony
of Nova Scotia. The spring seal-fishery of 1817 was
an unusual failure, owing to the severity of the
weather, the whole coast being shut up by fields of
ice, stopping all navigation for nearly three months,
whereby the vessels fitted out for that fishery were
prevented from putting out to sea at the proper season.*
How serious was the effect produced by this cause
will be seen by comparing the number of seals ex
ported for that year, compared with the preceding
and the following ones. The returns for 1816 give
of seal skins, exported 147,009, for 1818, 165,622;
while for 1817, only 37,338 were shipped.
This failure in a voyage which was becoming of
considerable importance was sufficient to make a bad
* Governor Pickmore's Report' to the Secretary of State.
310 ^ HISTORY OF NEWFOUNDLAND.
season, even if the cod-fishery had been ever so suc
cessful. Indeed the latter appears to have been toler
ably abundant as to quantity. But the price in the
foreign markets had reached a dismally low figure for
the merchants, an abatement which of course ulti
mately had to be borne by the planter and the fisher
man. Taking into account the recent commercial panic
which had shaken so many of the principal houses in
the colony, the destructive fire in St. John's, in
February 1816, the subsequent paralysis of the seal
ing voyage, and the depreciated value of the produce
of the cod-fishery, the summer of 1817 was one of the
gloomiest busy seasons ever witnessed in Newfound
land, and held out a prospect for the winter, to the
gloom of which nothing, it seemed, could be added.
Yet this was possible, and was to be realised. On
November 8, a proclamation was issued by His
Excellency, from which the following is an extract : —
Whereas it having been represented to me, that in conse
quence of the extensive destruction caused by the late dis
astrous fire among the principal store houses and deposita
ries of provisions intended for the winter supply of the
inhabitants of this town, an alarming scarcity may ensue, at
a season of the year when it will be impossible to obtain an
adequate relief, I have thought fit to impose a temporary
embargo upon the export of provisions from the port of
St. John's, until the extent of the evil can be ascertained,
and such measures adopted as the exigencies of the case may
require. I, the Governor, do therefore by virtue of the
power and authority in me vested, issue this my proclama
tion, forbidding any ships, vessels, or boats of any kind or
description, to depart from the said port of St. John's with
out first obtaining my special authority and license for so doing.
(Signed) Francis Pickmore.
THE SECOND GREAT FIRE IN ST. JOHN'S. 311
The calamity which called for this extreme action
on the part of the governor, had broken out at ten
o'clock of the previous night. At that hour a small
house was discovered on fire, contiguous to Water
Street. From this the flames spread with such
rapidity, that in a short time the neighbouring houses
were burning. Very quickly the conflagration
extended to Water Street, on which were situated the
great depots of stores and provisions. Though all
available measures were resorted to to stop the progress
of the destructive element, it continued to rage for
nearly six hours, in which time upwards of 130
dwelling-houses, besides wharves and storehouses,
were entirely consumed. The pecuniary loss result
ing from the fire was estimated at from four to five
hundred thousand pounds.
Among the buildings destroyed were the court
house, in which the magisterial and judicial business
of the capital, both civil and criminal, was conducted,
and the prison in which accused or convicted offenders
were confined or punished. As a temporary provision
to meet the loss of the latter, His Excellency gave
directions that a part of the garrison should be
prepared to receive such delinquents as fell into the
hands of the civil officers of the law. At the same
time, to guard against the recklessness which such a
calamity is too likely to call into exercise and give
scope for, a committee of the principal inhabitants was
formed, and arrangements made for nightly patrols
through the town and its neighbourhood, for the
protection of property and the prevention of pillage.
312 HISTORY OF NEWFOUNDLAND.
Besides attending to the immediate necessities
occasioned by the fire, the governor had to take means
to estimate and provide for the remoter, but not less
serious evils it might entail, for among the buildings
which with their contents had been consumed were no
small portion of the stores in which had been laid up
the provisions on which for the next six months
10,000 people had to depend. Requisitions were
therefore addressed to those merchants whose property
had been destroyed, asking them to furnish a statement
of the exact quantity of necessary articles of food they
had been enabled to save. The merchants whose
premises had escaped the flames were also directed to
furnish an account of such stores of these articles as
they had in hand. In anticipation of the insufficiency
which such an explanation was likely to reveal, a
despatch was forwarded to Lord Dalhousie in Halifax
making known to him the sad event which had
happened, with its probable effects on the subsistence
of the population for the whiter, and urging his Lord
ship to give orders for the immediate consignment
and despatch to St. John's of 100 tons of bread and
100 tons of flour.
While awaiting the results of these steps to mitigate
the woes and wants arising out of the conflagration,
only a fortnight had passed away, when the citizens
were alarmed hi their beds by a second visitation of
like character. At half past three o'clock in the
morning of November 21, the persons keeping watch
on board the men of war in the harbour descried a
fire bursting out from a merchant's premises on the
THE THIRD GREAT FIRE IN ST. JOHN S. 313
lower side of Water Street, a somewhat considerable
distance to the west of the ruins left of the recent
devastation. Though there was little wind at the
time, the flames spread with such rapidity among
buildings entirely composed of wood, and containing
large quantities of inflammable articles, that they
baffled all attempts to arrest their progress, until
for a long distance, eastward and westward, both sides
of the street were utterly consumed, besides many
houses beyond the street to the northward.
The last visitation seemed to complete the misery
of St. John's. The variety and degree of that misery
is almost pathetically described in the presentation
of the Grand Jury to His Excellency on November 29.
In that address the subscribers say : —
By the conflagrations of the 7th and 21st of this month
property to a very large amount has been destroyed, and
upwards of 2,000 individuals, comprising nearly one-fourth
of the inhabitants of this important town, are at this inclement
season deprived of their habitations.
Calamities so extensive would have been in our most
prosperous times productive of severe distress, but on retro-
specting to our situation for the last three years, during
which period we have alternately suffered by fire, by famine,
by lawless outrage, and numerous mercantile failures, which
have greatly injured the commercial reputation of the town,
the recent conflagrations seemed only wanting to consum
mate our misfortunes. Several hundred men in the prime
of life, without money, or the means of being employed,
without adequate clothing or food, are at the hour of mid
night wandering amidst the smoking ruins to seek warmth
from the ashes, and food from the refuse of the half-con
sumed fish. In dwelling-houses the misery is little less.
Many families, once in affluence, are now in absolute want.
314 HISTORY OF NEWFOUNDLAND.
Their earnings during the summer months were not sufficient
for their support in the only period when they can be
employed in the fishery, and they are now, at the commence
ment of winter, without the means of existence. Within
these two days, two men have been found perished of cold,
and many hundreds must inevitably experience a similar
fate if humanity does not promptly and effectually step for
ward to their relief. . . We, therefore, present that His
Excellency the Governor should be solicited to take such
steps as the exigency of the circumstances demand ; and to
give all assistance which his high office has, through His
Majesty's government, placed within his power, in order that
His Majesty's dutiful and loyal subjects may not perish.
It is painful to have to notice one characteristic of
the lower orders in St. John's in connection with
these dire disasters. Many of them availed themselves
of the distress of their neighbours, whose houses and
stores were being destroyed, to gain possession of
property, articles of furniture, provisions, &c, not for
the purpose of saving it for the benefit of the right
ful owners, but feloniously to appropriate it to them
selves. So extensively had this unnatural practice
prevailed, that the Governor was under the necessity
of publishing a proclamation on the subject, warning
the guilty parties that ' if any such property should
hereafter be found, or known to be in the possession
of any other than the rightful owners thereof, such
property should be deemed to be stolen, and the
offender or offenders brought to the severest punish
ment of the law.'
The following document points to a darker order of
criminality, indicating a savage Vandalism, threaten
ing destruction to the order and stability of society.
PROCLAMATION AGAINST INCENDIARIES. 315
A proclamation. — Whereas it has been reported to me by
the magistrates that a discovery was this day made, of a
deliberate attempt to set fire to the house of William Hogan
in Magotty Cove, whereby a great part of the remains of
this unfortunate town would have been probably destroyed,
and many of the distressed inhabitants left without shelter
at the severest season of the year ; and whereas this new
attempt, connected with the unexplained causes of the fires
of the 7th and 21st of November last, leaves little room to
doubt that there are in this community some persons of
diabolical dispositions, whom no feelings of human nature
can restrain from horrid crimes, and no common inducements
of justice have hitherto been sufficient to bring to punish
ment ; I, the Governor, do therefore issue this my proclama
tion, hereby offering the sum of 300Z., to be paid to any
person or persons who shall discover and bring to conviction
any offender or offenders having maliciously set fire to, or
been accessory to the malicious setting fire to, any house or
houses in this town, and burning the same, or any part
thereof, &c. Given under my hand, at Fort Townshend,
St. John's, Newfoundland, January 1, 1818.
It is pleasant to turn from such indications of base
ness in the very midst of a people on which Provi
dence has laid its hand so heavily, and in place
thereof to record the conduct of the good citizens of
Boston, who, in 1817, honoured themselves by a
charitable work towards the sufferers in Newfound
land, which the Americans in the year 1833 have
repeated on a larger scale on behalf of the distressed
unemployed in Lancashire.
About the middle of January 1818, the governor
received a letter accompanying the consignment to
which it refers, part of which at least deserves to be
transcribed in a history of the period : —
316 HISTORY OF NEWFOUNDLAND.
To His Excellency Francis Pickmore, Esq., Vice-Admiral
and Governor, &c, President of the Society for the Improve
ment of the Poor of St. John's.
Sir, — The recent conflagration of a great part of the town
of St. John's, at a period of the year when it may be im
practicable to obtain rehef from the parent country, and the
calamity which must necessarily ensue to a large number of
our fellow-beings, have been felt in this town with all the
sympathy which they are calculated to inspire. A subscrip
tion, for the purpose of affording some immediate aid to the
sufferers, has been consequently opened in this place, and the
means of purchasing a quantity of such articles as are con
sidered to be best adapted to the exigencies of the moment,
have been readily contributed by a number of its inhabitants.
The American brig, Messenger Captain Peterson, having
been chartered for the exclusive object of carrying this-
offering to St. John's, we have now the honour to enclose
you a bill of lading, and manifest of her cargo, consisting of
the following articles : —
174 barrels of flour 125 barrels of meal
11 tierces of rice 27 barrels and 963 bags of bread,
which, on behalf of the contributors, we request that you
will have the goodness to receive, and cause the same to be
distributed among the sufferers by the late conflagration, in
such manner and in such proportions as their respective
circumstances may require. We beg leave to recommend
the bearer, Captain Peterson, to your kind protection. . .
The cause of humanity alone has induced him to undertake,
at this inclement season, such a voyage which, under other
circumstances, he would have felt himself obliged to decline.
We have the honour to be, with all due consideration,
very respectfully, your Excellency's obedient humble ser
vants. (Signed)
James Perkins Arnold Willis
Jonathan Amory, Junr. Benjamin Bich
Tristram Barnard John Houston.
Boston, December 27, 1817.
LIBERALITY OF THE INHABITANTS OF BOSTON. 317
In reply to this communication, the Governor after
acknowledging the arrival of the brig, and the speedy
delivery of her cargo, thus expresses his sense of the
generous act, on which he was called to write : —
I beg to assure the committee that I shall use my best
endeavours in the distribution of this bounty, to fulfil their
benevolent intentions, but I confess myself unable to express,
in adequate terms on behalf of those whose relief has been
the object of the humane consideration of the inhabitants of
Boston, the feelings which their generous act has excited.
Individually, I desire to offer my warmest acknowledge
ments to them, and shall not fail to communicate to His
Majesty's government this spontaneous act of liberality,
which, in its effects, I trust, will tend to increase and cement
more firmly the relations of friendship which now so happily
subsist between the two nations. I have the honour to be, &c,
Francis Pickmore.
In the foregoing account of the various and long-
continued distress, the narrative has for the sake of
unity, and on account of the greater abundance of
reliable materials, been confined to what took place in
St. John's. But many of the evils mentioned existed
in an equal, or even greater measure, in other parts of
the island. It is pitiful to read some of the applica
tions made from the out ports, imploring aid to be
sent to the literally starving inhabitants. A vessel,
having provisions on board, being compelled by stress
of weather to put into the Bay of Bulls, the news
spread around, and not only the people of that place,
but those dwelling for miles along the coast, came with
arms in their hands, and though a detachment of
318 HISTORY OF NEWFOUNDLAND.
military had been sent round to protect the vessel,
the hungiy crowds were prepared to risk their lives in
a fight to obtain food for themselves and children, the
conflict being prevented only by a solemn promise
from the authorities that a certain portion of the
provisions should be given to the settlement.
But as the darkest hour of night is said to be that
which is the forerunner of the dawn, so the climax to
the accumulated miseries of the Newfoundlanders
only went before the introduction of a brighter day.
The winter of 1817-1818 was unusually severe, not
as had been the case in the preceding season, by north
east gales blockading the coast with ice, but intense
frost on the land. The harbour of St. John's was
frozen up to the very entrance with ice several feet
in thickness, while the blue water stretched away
beyond. In the month of March the sealing vessels made
their way along channels cut through the ice, and
went out to sea. In a few weeks afterwards they
returned froin a successful voyage. This propitious
opening of the season put heart into all classes con
cerned in the cod-fishery, which was prosecuted during
the summer with great ardour and success, and as
this reviving prosperity hi the avocations of the
colony was coincident with an improvement in the
prices obtained for the produce in foreign markets,
the troubles of the past were soon lost sight of, or
regarded as dismal memories belonging to a departed
time, which it was hoped would never appear again.
It was not permitted to Admiral Pickmore to see
DEATH OF GOVERNOR PICKMORE. 319
the return of prosperity to the country, the Govern
ment of which had been such a sad and anxious
burden to him. On his departure from England in
the summer of 1817, his instructions commanded him
to remain in the island during the winter, the
future residence of the governors in the colony
having been adopted as a rule by the ministry. Sir
Francis Pickmore, the first to whom this rule was
applied, was a man well advanced in years. The
troublous scenes which he had been compelled to
witness in the beginning of the winter had probably
pressed too heavily on his mind and heart, and in con
sequence, there was marked hi him a failure of his
usual health. This for some time did not appear of
a threatening or dangerous nature, but in the middle
of February he declined rapidly, and on the 24th of
that month he died.
His funeral was conducted in a manner appropriate
to the rank of the deceased. All the military and
naval force on the station were present; the civil
authorities, the clergy of various denominations, the
public societies of the town, and the inhabitants
generally swelled the procession which bore his
remains to the church. There, just overlooking the
ruins which the late dreadful fires had made, and in
the midst of people still enduring sharp sufferings,
which he had done his best to mitigate, the old
admiral was laid temporarily in a vault which had
been prepared for him, the first governor who spent
any part of the winter on the island, and the only
320 HISTORY OF NEWFOUNDLAND.
governor, who for a period of 130 years, has died at
his post. His body was afterwards conveyed to
England, and some idea of the severity of the season
at St. John's may be formed from the fact that it
took three weeks to cut a channel for the vessel that
conveyed him through the ice.
321
CHAPTER XII.
1818-1825.
After the death of Admiral Pickmore, the duty of
governing the colony devolved on Captain Bowker,
the commander of the Admiral ship. The task which
had thus unexpectedly fallen into his hands was not a
light one. It had to be undertaken hi the extremity
of the winter, and among a people whose provisions
stored for that season had nearly all been destroyed
by fire. Notwithstanding all the efforts which had
been made by the late governor immediately on the
occurrence of the latter calamity, to provide against
some of its effects — notwithstanding the liberal sup
plies forwarded from Halifax, supplemented by the
generous gifts of the Americans — the scarcity was very
great, and entailed a large measure of suffering.
But, as the weeks followed each other in slow
succession, with the lengthening days came the re
vival of the people's hopes. The first stimulant to
these hopes was the favourable seal fishery, the
returns of which came hi April. These were wel
comed as the sign that Providence had not utterly
forsaken the land; and so men were encouraged to
prepare for making the most of the summer voyage,
322 HISTORY OF NEWFOUNDLAND.
the general character of which has been mentioned,
by anticipation, in the preceding chapter.
On July 20, 1818. Captain Bowker was relieved
of the responsibilities which he had sustained for
five months, bv the arrival of Sir Charles Hamilton,
Baronet, and Vice-Admiral of the Blue Squadron,
whose commission as governor and commander-in-
chief was read t.ie same day, • in the presence of the
chief justice, the justices of the peace, the colonel
commanding, and officers of the garrison, and the
principal inhabitants of St. John's.' A few days
arrerwards. His Excellencv. in a letter announcing to
the Earl cf Bathurst his arrival and assumption of
office, informed his lordship that so far as the season
had advanced, there was reason to hope that the
fisheries would be fairly productive.
One of the most urzen: demands on the Governor's
attention arose out of the conflagrations which had
marked the ¦:. :sr of the adnunistration of his prede
cessor. The principal part of the town of St. John's
had to be rebuilt, and in such a manner as to make it
less liable to such dreadful visitations as the inhabi
tants had lately experienced, and from which they
were still surfering. Notices were published prohi
biting the commencement of any buildings on the site
of the old ruins, iinril some plan was authoritatively
ado v ted, bv which the danger of fire might be
removed, or, at least, its destructive effects be dimi
nished. During the delay consequent on the preparation of
such a plan, fresh evidence was afforded of the
ADMINISTRATION OF SIR CHARLES HAMILTON. 323
necessity of the precautions it was intended to supply.
Sir Charles Hamilton had been at the seat of govern
ment little more than a month, when he had to report
to the Secretary of State that another fire had broken
out, which, though speedily arrested, had in the brief
space while it lasted burned twelve dwelling-houses,
destroyed a portion of the Ordnance property, and
imperilled the whole of it. In the following summer
he had to transmit an account of a more serious
conflagration, to the westward of the sites of the fires
of November 1817, which, first discovered at one
o'clock in the morning when people were asleep, had
got to a speedy head, and, being aided by a strong
wind, was not extinguished until it had destroyed 120
dwellings, stores, and wharves, consumed 150,000^.
worth of property, and rendered 1,000 persons
without a home. The frequent recurrence of these
fires, so extensive and ruinous in their character, all
comprised within the space of a few years, suggests
the opinion that the enormous immigration, attracted
by the high wages prevailing in the latter years
of the war, had some part in producing these
calamities. Previous to 1810 the town had been
quite as well adapted for making a bonfire as it
proved to be afterwards, and the inhabitants were
duly apprehensive of its ominous fitness for such a
catastrophe; yet a fire was of comparatively rare
occurrence, and never proceeded to any great extent
of damage. But in and after the year above-mentioned,
Ireland sent out annually thousands of emigrants, a
considerable portion of whom stayed in St. John's —
T 2
324 HISTORY OF NEWFOUNDLAND.
crowding the houses, already too much crowded
together : and, either as the natural consequence of
this excessive condensation of human beings, all
needing their share of household warmth and culinary
operations, or from a blameworthy carelessness — to say
nothing of more criminal doings — not obscurely indi
cated in the proclamation of Governor Pickmore,
again and again the inhabitants were called to look
on a blazing apparition, devouring their possessions,
until at last nearly all the features of the old town
were burned out.
Though the importance and necessity of rebuilding
the town after a different fashion from that which it
had before exhibited were generally acknowledged,
many difficulties intervened in carrying out the details
by which this was to be accomplished. It was essen
tial that the streets should be greatly widened, and
this involved the taking up ground which had been
leased to private individuals.
Hence arose the question of compensation, which
was not easy to settle, from the exaggerated estimate
which many persons entertained of the value of their
interest in the property. The only way authoritatively
to adjust these claims, and to provide for the main
object which had originated them, was by procuring
an Act of the British Parliament, which was a some
what slow process. More than two years elapsed
before a law was enacted, establishing rules for
widening the streets and rebuilding the town of St.
John's. Meantime, the people were in want of houses,
stores, &c, and could ill brook this legislative delay;
CONVENTION WITH THE UNITED STATES. 325
consequently, erections went up in an irregular
manner, and were tolerated by the authorities, from
the necessity of the case. ' When, therefore,' to use
the words of a memorial presented to the king in
1820, ' the long expected Bill did arrive, it came with
all the inconvenience of an ex post facto law, and
placed a considerable number of the most costly and
valuable buildings in the town in the predicament of
standing contrary to the Act of Parliament.'
By the provisions of the statute thus tardily
introduced, the draft of which had been prepared by
Governor Hamilton, it was enacted that the principal
street, running in the line of the harbour, should not
be less than 50 feet in width; and the second main
street, running parallel to the former, not less than
40 feet wide ; these two streets to be intersected at
right angles by cross streets having a breadth of not
less than 60 feet.
In the beginning of 1819, the Governor received
the text of an important convention which had been
agreed upon between His Majesty's government and
that of the United States, in relation to the fisheries
on the coasts of the British dominions in North
America. By the terms of this contract, it was
agreed that the inhabitants of the United States
should have for ever, in common with the subjects of
His Britannic Majesty, the Hberty to take fish of
every kind on that part of the southern coast of
Newfoundland extending from Cape Ray to the
Rameau Islands ; on the western and northern coast,
from Cape Ray to the Quirpon Islands ; on the shores
326 HISTORY OF NEWFOUNDLAND.
of the Magdalen Islands, and also on the coasts, bays,
harbours, and creeks, from Mount Joli on the southern
coast of Labrador to and through the Straits of Belle-
isle; and thence northwardly, indefinitely along the
coast, without prejudice, however, to any of the
exclusive rights of the Hudson's Bay Company. The
convention further provided that the American fisher
men should also have liberty for ever to dry and cure
fish in any of the unsettled bays, harbours, and creeks
of the southern part of the coast of Newfoundland
above described, and of the coast of Labrador ; but so
soon as the same, or any portion thereof, should be
settled, it was not to be lawful for the said fishermen
to dry or cure fish at such portion so settled, without
previous agreement for such purpose with the inhabi
tants, proprietors, or possessors of the said ground.
In return for the extensive privileges thus conceded,
the Government of the United States renounced for
ever any Hberty previously enjoyed or claimed, to
take, dry, or cure fish, on or within three marine
miles of any of the coasts, bays, creeks, or harbours of
His Britannic Majesty's dominions in America, not
included within the above-mentioned limits. Such
were the principal provisions, as affecting Newfound
land, of this important convention — a convention
which the people of the latter regarded as bearing
very hard on them. Some of its details, too, sug
gested to the Governor difficulties in the way of
practical action in reference to them. That part, for
example, which gave the Americans right to dry and
cure fish in the unsettled harbours, &c— which right
PUBLIC DISAFFECTION WITH THE CONVENTION. 327
was lost so soon as the same became settled — was
likely to give occasion to the question, What consti
tuted a settlement ? Did one man's taking up his
abode in a previously uninhabited harbour give that
harbour a settled character ? And, if not, how many
individuals or families were necessary to realise the
condition laid down in the convention which excluded
the Americans ?
But the great complaint of the Newfoundland
fishermen and merchants, in reference to the con
vention, Was the seriously-augmented rivalry to which
it subjected them in the prosecution of their business.
The greater part of the bank fishery was already
occupied by the French, who were subsidised by a
large bounty for every quintal they caught. And
now the Americans were brought in to enjoy a
concurrent right in the shore fishery, of which they
availed themselves to such an extent that four and five
hundred vessels were reported as visiting the Gulf of
St. Lawrence and the coast of Labrador in a season.
From the insufficiency of means to give effect to the
customs and regulations, they were enabled also to
carry on a large amount of illegal traffic, to the injury
of the legitimate British trade. At this time, too, the
price of fish, though better than it had been in the
years immediately succeeding the war, was still very
low in foreign markets; and this great increase of
produce tended to keep it depressed. These things,
in connection with the fact that the fisheries them
selves did not yield an increase proportionate to the
larger number of inhabitants dependent on them, kept
328 HISTORY OF NEWFOUNDLAND.
the latter, and the trade generaUy, in a very untoward
state. Indeed, but for the seal-fishery being foUowed
to a much greater extent than formerly — and in most
seasons with great success — for some years, the con
dition of the people must have been almost desperate.
One great aggravation of the evils under which
they suffered was there being a constant influx of
new-comers from Ireland. These, seduced by lying
lures held out by men who made a gain by conveying
them across the ocean, were landed in an almost
starving condition, oftentimes afflicted with infectious
diseases, in the midst of a people among whom an
enormous and wretched pauperism was becoming
the normal and most marked characteristic of their
social state.
So alarming was the prospect of destitution on the
approach of the winter of 1821-2, that the Governor,
to stimulate the charitable contributions of the prin
cipal inhabitants, engaged, on behalf of the British
government, to double the amount which they should
collectively raise for the relief of the poor during the
coming season, a proposition which was liberally
responded to.
One or two extracts from a memorial bearing the
signatures of upwards of a hundred and fifty persons,
including clergymen, civil officers of the Government,
merchants and others, presented to His Excellency in
the foUowing May, will best set forth the low condition
of the trade, and especiaHy, the miseries of the preced
ing winter. It commences with this mournful exor
dium : —
MEMORIAL ON THE STATE OF TRADE. 329
May it please your Excellency, — We, His Majesty's
dutiful and loyal subjects, inhabitants of the once flourishing
town of St. John's, beg leave to approach your Excellency
with a faithful account of the great distress prevailing in
this town, and we are grieved to assure your Excellency, in
an equal degree throughout the island, which, we humbly
hope, your Excellency will be pleased to convey to the foot
of the throne.
After referring to the generous proposal of the
Governor and the subscription which foHowed, the
memoriaHsts say : —
The winter we then so justly dreaded has now nearly
passed away, and happy should we feel, if with it, we could
say the sorrows and distress of the community were also at
an end. But the accounts of the markets abroad received
by the early arrivals are distressing to a degree. The
average sales of last year's shipments do not realize two-
thirds of prime cost, and as everything tends to discourage
an extensive prosecution of the fishery, there is not a doubt
but great numbers of persons will remain unemployed
during the approaching season.
In reference to the distribution of the charitable
fund, they say : —
Your Excellency cannot hear but with astonishment that
the number of persons relieved, for the most part we may
say supported by the committee, amounted to more than two
thousand three hundred, comprising nearly one-third of the
whole population of thedistrict,and composed chiefly of persons
who came out of Ireland in better times, and their families
who have been born here, and who, in the present depressed
state of the trade, cannot hope to earn enough to support
themselves. Thus the paupers of last winter will certainly
be paupers next winter, and nothing but a very successful
fishery can prevent the number from being considerably
augmented.
330 HISTORY OF NEWFOUNDLAND.
The pressure of hard times gave a stimulus to the
agitation which had commenced some years previously,
to seek the acquisition of institutions for the self-
government of the colony, and a change in the
administration of the laws. The movement in this
direction was strengthened by an event which occurred
in Conception Bay in the year 1819. Two individuals
in that district had been summoned to the Surrogate's
court in a civil process. In the course of the pro
ceedings, they were convicted of contempt towards
the court : for which they were sentenced to receive a
certain number of lashes. While undergoing this
punishment they were tied to a common fishing flake.
One of the men, after receiving fourteen lashes, fainted
and was cut down. On his recovery, the rest of his
punishment was remitted, but not until he had con
sented to give up some property on account of which
he had been involved in the proceedings of the
court. This case excited a great amount of indignation in
the colony, and was made the subject of a civil action
before the supreme court, in which the surrogates, one
a captain in the navy, the other a clergyman of the
Church of England, appeared as defendants. The
chief justice, in summing up the case, though not
approving the harsh proceedings of the defendants,
yet stated to the jury that they had not exceeded
their legal powers, and directed a verdict in their
favour which was given in the following terms : —
The jury, in finding a verdict for the defendants, cannot
allow this opportunity to pass without expressing their
PETITIONS FOR POLITICAL REFORM. 331
abhorrence of such an unmerciful and cruel punishment
for so trifling an offence, as that which has been inflicted on
the unfortunate plaintiff in this action.
After the result of the trial was known, a public
meeting was caned in St. John's, at which strong
resolutions were passed, condemnatoiy, not only of
the conduct of the surrogates, but also of the state of
the law, which had suffered their proceedings. At
the same meeting, other grievances were dilated on,
more especiaUy the want of a legislative power in the
colony, and the views of the assembly on these subjects
were embodied in petitions to the king and to both
Houses of Parliament.
The petition to the House of Peers was presented,
May 1, 1821, by Lord Holland, and supported by
Lord Darnley. On the 28th same month, Sir James
Mackintosh presented the petition in the Commons,
and spoke earnestly in its favour. He was supported
by Dr. Lushington and other members of the House.
In reply, the ministry, by Earl Bathurst in the Lords
and Mr. Goulburn in the Lower House, deplored the
special case which had led to this appeal to Parliament,
admitted many of the grievances alleged by the peti
tioners, but questioned the ripeness of the colony for
such an institution as a local legislature. The Houses
were assured, however, that arrangements had been
made for the better regulation of the colony.
On May 16, 1823, the House of Commons gave
expression to its feelings of interest in the affairs of
Newfoundland, by passing a resolution ' that an
humble address be presented to His Majesty, that he
332 HISTORY OF NEWFOUNDLAND.
will be graciously pleased to give directions that there
be laid before this House a return, &c.' The return
thus asked for embraced a variety of subjects relating
to the colony, such as the income received by the
Governor from aH sources, the Government rents, the
revenue derived from the customs, the expense of
collecting the same, salaries of pubHc officers, the
courts of justice, fees, &c.
In consequence of this resolution of the Lower
House, Lord Bathurst requested Sir Charles Hamilton
to prepare, as far as it was in his power, answers to
the queries on which information was sought. The
spirit of independence which was rising in the colony
began about this time to take a practical shape, which
was somewhat embarrassing to the authorities. The
absence of local institutions of government was made
an excuse for escaping local burdens of a pecuniary
kind. The hospital, which had been supported by a
kind of voluntary assessment in different classes, was
so inadequately sustained from this source, that it was
falling to decay, and even the proposition was enter
tained of turning it to some other use. The charge
of the poor also was so insufficiently met by the
contributions of a charitable willinghood, that there
was a danger of its falling entirely on the representa
tive of the Crown.
It is curious to trace the rise of the race of pleading
lawyers in the courts of Newfoundland. Their intro
duction is somewhat querulously described by the
Governor in a letter to the Secretary of State : —
I beg to inform your Lordship that a practice has crept
PLEADINGS BY UNQUALIFIED ATTORNEYS. 333
into the courts of justice within these very few years, ex
ceedingly injurious to the best interests of the fishery and
the community in general, by the encouragement given to
petty attorneys who are employed in almost every case
which comes before the chief justice, instead of being heard
in a summary way as authorised by the Judicature Act,
which had always been the practice heretofore. The natural
consequences are, that considerable delay and expense are
occasioned to all parties, and public justice retarded. . .
The persons acting in the capacity of attorneys here are
mostly bankrupt merchants, having never had any education
for the profession of the law.
Indeed, any person may come into court and plead as
attorney for another, whatever may be his profession or
character, as regular attorneys have hitherto been unknown
in this island, and as the persons to whom I allude are now
generally employed, it is especially necessary that they
should be men of ability and probity, giving security for
their good conduct, and not be allowed to act in that capa
city without the previous sanction and approbation of the
local government, or the courts of law at home.
This is an evil the growth of which is rapidly increasing,
and the earlier it is checked the better.
This extemporised forensic practice was productive
of great inconvenience and damage to His Excellency,
who, as is usuaUy the case with such functionaries,
was the last to avail himself of the new auxiliaries to
the pursuit of justice. He thus describes the disad
vantage under which he laboured : —
It (the supreme court) is now filled with persons officiating
as attorneys or special pleaders, and as in all cases in which
the Crown, the officers of government, or the magistracy are
concerned, there is no person capable of conducting causes
on their part, or advising thereon, the causes are generally
lost, there being no advantage that these petty attorneys are
not ready to take, and magnify to the utmost. Under these
334 HISTORY OF NEWFOUNDLAND.
considerations and many more that I could offer, I now
make my most earnest request that your Lordship will be
pleased to take this into consideration, and appoint an
attorney-general for this island and its dependencies.
The request thus earnestly presented was in a short
time afterwards complied with. A real lawyer was
sent out as attorney-general. But the Governor did
not find much immediate profit from the acquisition,
for the first functionary sent out in this character
seems to have been a man of such vacillating, uncer
tain judgment, that it was rather a frequent habit
with him, after having encouraged the Government to
prosecute cases in the court, to get up in the midst of
the process and intimate that he was wrong in advis
ing it to be brought into the court at all, thus suggest
ing to judge and jury that they ought to give a
decision against the Crown.
The increasing difficulties besetting the administra
tion of justice, the disorderly practices which had
crept into the courts, the many complaints that had
arisen in reference to the decisions of the tribunals,
especiaUy of the surrogates' courts — complaints which
made themselves heard within the walls of Parlia
ment, rendered it necessary that a new and compre
hensive measure should be passed by the British
Legislature, adapted to the altered condition of the
country. Partly in order that he might lend his
advice in the preparation of such a measure, Sir
Charles Hamilton went to England at the close of
1823. There he remained through the following
year, though still retaining the rank of governor, the
THE SUPREME COURT ESTABLISHED: 1824. 335
duties of his office in the island being performed in
his absence by the chief justice.
The result of the deliberations of the ministry was
the bringing before Parliament, and the passing by
that body of an elaborate statute entitled, ' An Act
for the better administration of justice in Newfound
land, and for other purposes.' The preamble states : —
Whereas it is expedient to make further provision for the
administration of justice in the Colony of Newfoundland, it
is therefore enacted by the King's Most Excellent Majesty,
by and with the consent and advice, &c, in this present
Parliament assembled, and by the authority of the same,
that it shall and may be lawful for His Majesty by his
charter, or letters patent, under the Great Seal, to institute
a Superior Court of Judicature in Newfoundland, which
shall be entitled ' The Supreme Court of Newfoundland,'
and the said court shall be a Court of Becord, and shall have
all civil and criminal jurisdiction whatever in Newfoundland
and in all lands, islands, and territories dependent upon the
government thereof, as fully and amply to all intents and
purposes as His Majesty's courts of King's Bench, Common
Pleas, Exchequer, and High Court of Chancery, in that
part of Great Britain called England have, or any of them
hath, and the said Supreme Court shall also be a Court
of Oyer and Terminer, and general gaol delivery in and for
for Newfoundland, and all places within the Government
thereof, and shall also have jurisdiction in all cases of crimes
and misdemeanours committed on the banks of Newfound
land, or any of the seas or islands to which ships or vessels
repair from Newfoundland for carrying on the fishery.
The principal provisions of the Act of 1824 were to
the effect that the supreme court should be ' holden
by a chief judge and two assistant judges, being re
spectively barristers in England or Ireland of at least
336 HISTORY OF NEWFOUNDLAND.
three years' standing, or in some of His Majesty's colo
nies or plantations ; ' that it should be lawful for the
Governor to divide the colony into three districts, as
may appear best adapted for enabling the inhabitants
to resort with ease and convenience to the circuit
courts to be therein established ; — that it should be
lawful for His Majesty to institute circuit courts
in each of the three districts, such courts to be
holden at least once every year by the chief judge, or
one of the assistant judges of the supreme court; that
the circuit courts should have the same jurisdiction
within the district in which they were severally held,
as was vested in the supreme court for the whole
colony, with the exception of trying certain crimes
specified, or of hearing or determining any suit arising
out of a violation of any Act of ParHament, relating to
the trade and revenue of the British colonies in
America. Such crimes and such suits to be tried,
heard, and determined only in the supreme court. To
persons who felt themselves aggrieved by any judg
ment given in the circuit court, there was granted
power of appeal to the supreme court, for a reversal
of such judgment. By the same Act, authority was
given to the Governor to institute a court of civil
jurisdiction on the coast of Labrador.
Such are the principal characteristics and aims of a
statute which, with the royal charter issued in conse
quence of it, has formed the basis of the modern juris
prudence of the colony. By it, the old system under
naval surrogates, which had to deal with nice questions
of law, and give judgment thereon, a system which
THE ESTABLISHMENT OF THE SCHOOL SOCIETY. 337
in its earliest days was recognised as having many
blemishes, and which under the increasing light of
recent times was seen to be utterly repulsive,
was entirely swept away, and the Judicature of
Newfoundland was brought into nearer harmony
with that of the mother-country, and of the other
colonial possessions of Great Britain.
Other points in the Act which were also incorpo
rated in the Royal Charter may more properly be
mentioned in connection with the pubHcation of that
instrument, the account of which will be given in the
next chapter.
An effort of a charitable and useful character be
longs to this period (1823). It was initiated in a
memorial signed by a number of English merchants
interested in the Newfoundland trade, and who ex
pressed their desire to found in St. John's, with the
sanction and assistance of the Government, a training-
school, from which teachers might be sent to the
different outports. They wished the academy to be
established on a liberal basis, so as to meet the diver
sity of religious sentiments in the population. Their
memorial was accompanied by a letter strongly urging
its appeal, from Mr. Samuel Codnor, a man whose
name is gratefully associated with the small measure
of primary education provided in the country until
very recent times.
His ExceUency, in laying this memorial before
Lord Bathurst, expressed himself as not sympathising
with its proposed object, he regarding the movement
as of a sectarian character, in opposition to the schools
z
338 HISTORY OF NEWFOUNDLAND.
of the established church. It, however, received the
approval and support of the British Government,
which, in thus aiding the establishment of the New
foundland School Society, procured the introduction
of one of the most useful institutions in the country.
While the British settlers were in various ways
labouring to introduce and establish the marks of civi
lisation borrowed from the old world, fresh glimpses
were afforded of the unhappy and fading race, whose
inheritance had been appropriated by the strangers.
In the beginning of the year 1819, a person of the
name of Peyton, carrying on considerable salmon
fisheries in the north of the island, having for several
years been greatly annoyed, and having suffered
extensive injury, evidently at the hands of the natives,
determined to go into the interior with the view of
recovering some of his lost property, and of inducing
the Indians to enter into a system of barter with him
for the future, instead of supplying themselves by
theft. In this journey he was accompanied by his
father and eight of his own men. With these he
proceeded into the interior, and on March 5, on a
frozen lake, a number of the aborigines came in
sight. They immediately ran away ; but Mr. Peyton,
by throwing away his arms, and making signs of
amity, induced one to stop, who proved to be a woman,
and who soon grew very friendly.
The rest of the Indians, however, approached with
more hostile dispositions, and, it is said, attacked the
visitors, one of them seizing the elder Peyton by the
throat with the intention of taking his life. To pre-
INTERCOURSE WITH THE NATIVE INDIANS. 339
vent this, he was shot by a musket baU, when all his
companions, save the woman, precipitately fled. The
woman returned with Mr. Peyton and his party, and
was placed under the care of the episcopal missionary
of Twillingate. She appeared to be about twenty-
three years of age, of a gentle disposition, and inteui-
gent enough to acquire and retain many English
words which she was taught. It was ascertained that
she had a child of three or four years old ; it therefore
became an object dictated by the first feelings of
humanity to restore her to her tribe. She was first
brought to St. John's, where she remained several
months, exciting a strong and kindly interest towards
herself by her modest and intelligent demeanour, and
where to many she is still the subject of a pleasant
memory, which is recalled by the mention of the name
of Mary March.
The charge of returning her to her people was
entrusted to Captain Buchan, who had before been
engaged in expeditions to the Indians, and it was
intended he should set out in the foUowing spring to
effect her restoration, and if possible open up some
friendly communication with her people. Unfortu
nately, before Captain Buchan's enterprise could be
accomplished, the woman died. This sad event
occurred on January 8, 1820, and was only too
likely to increase the obstacles in the way of estab
lishing an intercourse with her suspicious race. All
that could be done in the way of conciliation was done.
Captain Buchan proceeded on his journey, taking with
him the body of the dead woman, which had been
z 2
340 HISTORY OF NEWFOUNDLAND.
wrapped in linen and placed in a coffin. This he
left on the margin of a lake in the interior, where it
was likely to be found by her people, who, it is said,
did in fact discover it, and afterwards conveyed it to
the place of sepulture of the tribe.
In the spring of 1823, William Cull, whose name
has before appeared in this work, being employed with
some other men in taking furs into the interior of the
island, fell in with an Indian man and an old woman.
The former fled, but the other approached and joined
CuU and his party, whom she shortly led to where
her two daughters were. One of these was about
twenty, the other sixteen, years of age. All three
were brought by CuU, and placed in the charge of
Mr. Peyton, he being a magistrate.
Being well aware that the Government was very
anxious to bring about an amicable intercourse with
the natives, Mr. Peyton deemed it the best thing he
could do to bring the women to St. John's. On their
arrival there, however, it soon appeared that one of
them was far gone in consumption, and the health of
the other, too, was very precarious. It was, therefore,
judged proper to hasten the return of two of them.*
The service of conducting them devolved on Mr.
Peyton, who was furnished with a large number of
presents, consisting of such articles as were calculated
to gratify a barbarous tribe. These his instructions
directed him to use as circumstances and his own dis-
* The third was left behind in St. John's, where she lived for
some years, dying at last of consumption.
ABORTIVE ATTEMPTS TO CONCILIATE THE INDIANS. 341
cretion might render most suitable as ' an incitement
to these poor creatures to repose confidence in our
people in that part of the coast they frequent.'
Whether any immediate good effect was produced
by this new attempt at concfliation does not appear in
the Records of the colony. That this, as well as
former efforts of the same character, was without any
permanent beneficial fruits, is evident from the fact
that traces of the Indians gradually grew fainter : until
now, for many years not one of them has been seen,
and it is questionable whether at the present time a
single individual of the race exists in the island.*
* The period of the administration of Sir Charles Hamilton
was marked by the most earnest attempt to explore the interior
of the country by Mr. Cormack. Extracts from his narrative of
the expedition will be found in Appendix No. 5.
342 HISTORY OF NEWFOUNDLAND.
CHAPTER XIII.
1825.
In 1825, Captain Sir Thomas John Cochrane was
commissioned to succeed Sir Charles Hamilton in the
government of the island. In his appointment to
this office, the rule, which had been foUowed for many
years, of making it an appendage to the functions of
the admiral in command of the squadron on the
station, was departed from, probably from the greater
importance which had grown up in the civil affairs of
the colony. Captain Cochrane occupied the post for
a longer period than any other governor either before
or since ; and this fact, together with the great changes
introduced by the Imperial Parliament, and the active
interest His ExceHency manifested in the internal
arrangements of the country, which led him to effect
considerable improvements, especiaUy in the neigh
bourhood of the capital, makes the period of his rule
one of the most important in the annals of the colony
on whose condition no other governor has left so
many abiding marks of his presence and his sway.
To sketch the course of events in his time is the
object of the present chapter : and as the years em
braced in the narrative are approaching this side of
ADMINISTRATION OF SIR T. J. COCHRANE. 343
the proper historical period, the author, intends as
far as possible to confine himself to the principal
occurrences and their causes, and to touch on these
with a brevity which he desires to make more evident
in the progress of what remains of this work.
The commission of Governor Cochrane contained a
clause which indicated the introduction of a further
change in the mode of directing the affairs of the
colony. Whereas previously the representative of
the crown had been left to his own discretion, aided
by such instructions as he received from the autho
rities at home — no one in the island sharing the re-
sponsibiHties which devolved on him — it was now
ordered that a council should divide with him the
burden of the charge. The clause enjoining this new
arrangement ran as foUows : —
And our will and pleasure is, that there shall henceforth
be a council within our said island and territories, to advise
and assist you, the Governor thereof ; and we hereby require
that you, the said Sir Thomas John Cochrane, shall, upon
your arrival in our said island of Newfoundland, forthwith
call together as many as can be conveniently assembled of
the persons whom by our instructions, under our signet and
sign-manual, herewith given to you, we have nominated and
appointed to be members of our said council.
On Saturday, October 8, 1825, the commission
of His ExceUency was read and pubHshed in the
presence of the judges, the Heutenant-colonel- com
manding the forces, the principal officers, civil and
military, and inhabitants assembled at Government
House — the Governor taking the oaths of office,
'and then administering the same oaths to Chief
344 HISTORY OF NEWFOUNDLAND.
Justice Tucker, Assistant-Judges Des Barres and
MoUoy, and Lieutenant- Colonel Burke, appointed by
the Royal instructions members of His Majesty's
council. It was provided in the Royal instructions that three
should suffice to form a quorum in the meetings of
the council; and in the case of the Governor's absence
or death, without there being anyone specially nomi
nated to act as Lieutenant-Governor, the member
of the council whose name stood first on the list was
to undertake the functions of Governor.
One of the first objects which presented itself to
the attention of His ExceUency was the amount of
able-bodied pauperism which infested the town of
St. John's in the fall of 1825, and which was only
likely to increase and become a heavier burden on
the public as the winter advanced. This evil had
assumed the form of an inveterate social disease,
almost beyond the possibility of eradication, and
which was indeed to tax the sagacity of successive
governments to prevent its inoculating with its per
nicious virus the community at large. Governor
Cochrane attempted to put some check on it, by
exacting a portion of work, while work was available,
from the able-bodied who were likely to be, and who
had in fact already become, applicants for poor relief.
He therefore put out a notice, stating that such
persons as were willing to work, and could find no
employment, might be engaged at low wages in the
repair of roads, or other works of public utility, until
the extreme rigour of the season set in. These
EMPLOYMENT OF ABLE-BODIED PAUPERS. 345
labourers were to receive at the rate of eighteenpence
per day, two-thirds of which was to be paid to them
every Saturday, the other third held in reserve to
provide them with absolute necessaries during the
winter. The same notice further expHcitly declared
that ' no relief whatever will during the winter be
expended on them, or any others who (being able to
place themselves beyond dependence) do not accept
this offer.' It is not stated how far this measure
mitigated the pressure of idle pauperism in St. John's,
but both there and in the outports there was a large
demand on the resources of the Government and on
private charity, to meet the wants of the starving
poor. In the summer of 1826, His ExceUency addressed
a letter to the clergy of the several denominations of
Christians on the subject of the distress of the lower
orders, and recommending them to impress on their
flocks the necessity of the exercise of greater economy
than was common among the labouring population.
In that document the Governor stated plainly some
home truths, declaring his persuasion that the distress
which was so much to be deplored mainly arose rather
from improvidence on the part of the sufferers than
from any other cause, and that the most effectual
remedy was to be found in their own change and im
provement of conduct. He stated further :
The rations that are issued during the fishing season very
much exceed in quantity anything I could have imagined —
more than any labouring man in England consumes — far
beyond what the hardiest working man in Scotland can ever
346 HISTORY OF NEWFOUNDLAND.
command — and considerably exceeding the allowance given
in the fishery of France estabhshed on this coast. Those
who are upon wages receive a sum during the summer
months which, if properly husbanded, would, together with
the produce of their own exertions after the fishery has
ceased, be fully adequate to the support of themselves and
families for the following winter. Yet I am led to beheve that
a large portion of this is dissipated before many weeks or
days have elapsed after the fishing season has terminated,
and in consequence of such profusion many families are left
to want and misery.
His ExceUency could only hope for a removal or
abatement of this wretchedness in the improvement of
the morals of the people on whom it feU ; and to aid
in bringing about such a change, he cheerfully relied
on the precepts and example of an attentive and
diligent clergy. He thus concludes his letter : —
I have therefore most earnestly to beg that you will in
future take every opportunity of pointing out to your flocks,
both from the pulpit and elsewhere, the origin of all the
evils that so constantly attended them, as well as the means
by which they may be averted, and that you will at the same
time let it be thoroughly understood that Government does
not feel itself called on to support those who are the cause
of their own misfortunes, and that in future no relief can be
given (whatever the distress may be) to any but those whose
miseries are the result of unavoidable circumstances, and
that the strictest investigation will be made into every case
of that description that hereafter may present itself for the
consideration of the proper authorities.
The great event which distinguished the early part
of the administration of Sir Thomas Cochrane was
the promulgation of His Majesty's charter for institu
ting the new Supreme Court of Judicature.
PROMULGATION OF THE ROYAL CHARTER 1826. 347
This event took place on January 2, 1826, and was
characterised by a degree of ceremony beyond what
had ever been seen before in St. John's.
The honourable judges, the honourable Lieut. Burke, C.B.,
commanding His Majesty's forces, the magistrates and heads
of all the pubhc departments, civil and military, the clergy,
the chamber of commerce, the grand jury, and most of the
principal inhabitants assembled at the Government House,
when the oaths of office were administered to the chief
judge and assistant judges, after which His Excellency
delivered to the chief judge His Majesty's Boyal Charter,
which was handed by the judge to the chief clerk of the
Supreme Court, to be borne by him to the Court House, and
to be there read.
After these preliminaries were over, the assembled
parties formed themselves into a procession, the order
of which had been fixed by a programme previously
issued. The constables (two and two) — fort-major —
gentlemen of the learned professions (two and two) —
clerks of the central, southern, and northern circuit
courts — magistrates (two and two) — the chief magis-
- trate, &c. &c. On arriving at the Court House, the
Charter was solemnly read; at the conclusion of
which proceeding, all the prisoners confined in the
gaol (with the exception of five) were called to the
bar, and, after a suitable admonition from the chief
judge, were informed that His ExceUency the Gover
nor had been graciously pleased to exert on their
behalf the prerogative of pardon entrusted to him by
the crown.
The Charter thus promulgated constituted the
Supreme Court after the model prescribed in the
348 HISTORY OF NEWFOUNDLAND.
Judicature Act of 1824, to be holden by one chief
judge and two assistant judges, the said chief judge
to have rank and precedence above and beyond aU
persons within the colony and its dependencies, ex
cepting the Governor or acting Governor for the time
being, and excepting aU such persons as by law or
usage take place in England before the chief justice
of the Court of King's Bench. The Court was
appointed to have a seal, bearing an impression of the
royal arms, the device surrounded by the inscription
— ' The seal of the Supreme Court of Newfoundland.'
The chief judge and assistant judges, as long as they
held their respective offices, were to receive the foUow-
ing salaries: — the chief judge a salary of 1,200/. ster
ling a year, and each of the assistant judges 7001.
sterling annuaUy. These salaries were to be paid
out of the revenue of the colony, and were to be in
lieu of aU fees, but were not to be Hable to deduction
on account of official residences which might here
after be provided.
Dependent on the Supreme Court were to be three
circuit courts, the Central, the Southern, and the
Northern; the chief judge to have the right of
choosing over which circuit he would preside, and the
senior assistant judge to have the choice next after
him. Neeessarv officers for the several courts were
to be appointed by the chief judge, with the approba
tion of the Governor, excepting the Master, Registrar,
and Aceountant-General, who were to be appointed
bv warrant under the sign-manual of the crown.
The Supreme Court was further empowered to
PROVISIONS OF THE ROYAL CHARTER. 349
admit and enroll such persons as had been admitted
barristers-at-law, or advocates in Great Britain or
Ireland, or as had. been admitted writers, attorneys, or
solicitors in any of the courts at Westminster,
Dublin, or Edinburgh, or as had been admitted as
proctors in any ecclesiastical court in England, as weU
to act in the character of barristers and advocates as
of proctors, attorneys, and soHcitors in the Supreme
Court of Newfoundland.
The Court was further authorised to admit as
barristers &c. such persons as should serve a clerk
ship under articles in writing for the term of five
years at least to any barrister &c. of the Supreme
Court aforesaid. No other persons than those who
came under the above category were to be allowed to
plead, excepting there should not be a sufficient
number of persons fulfilHng the recited conditions,
when the Court might admit others who seemed fit
and proper persons to act under such rules and quaH-
fications as the Court might lay down.
There are several other provisions of the Charter
relating to the appointment of a sheriff, and the duties
devolving on him, concerning the administration of
property &c, and the power of appealing to the
King's Privy Council against questionable decrees of
the Supreme Court.
Such are the chief points of the Royal Charter of
Justice for Newfoundland, in reference to which
the King's direction was — ' We do hereby strictly
charge and command aU governors, magistrates,
ministers, civil and miHtary, and all our Hege subjects
350 HISTORY OF NEWFOUNDLAND.
within and belonging to the said colony, that in the
execution of the several powers, jurisdictions, and
authorities hereby granted, made, given or created,
they be aiding and assisting, and obedient in aU
things, as they wiU answer the contrary at their
peril.' With the inauguration of the Charter commenced
the era of a more courtly display, in connection with
the civil government of the colony. The Governor
was commanded to appear on pubHc occasions in the
same uniform as that worn by the lords lieutenants
of the English counties, only the body of the uniform
to be blue, with lappets. The epaulettes and em
broidery also to be the same as those of the lords lieu
tenants of counties. The fuU dress of the chief justice
as superior civil officer was 'appointed by the King — a
blue coat, but no epaulettes nor lappets, button
holes upon the cuff and collar only, but the same
pattern as worn by lords Heutenants.
The same kind of arrangement reached down to the
lower officials, the chief magistrate being ordered to
wear a blue coat, with red cuffs and coUar, buttons
with crown, and G. R. cockade on the side of the hat.
Even the constables were not left out of these regula
tions. They were to wear blue coats and buttons, with
the crown and G. R., a red waistcoat with the same
buttons, and a cockade on the hat, and they were re
quired always to have the insignia of office in their
pocket. This regard to State ceremonial was evinced, also, in
IMPROVEMENTS BY GOVERNOR COCHRANE. 351
relation to the retinue of the Governor. For example,
here is an order dated Government House, October, 19 1825.
His Excellency the Governor was this day pleased to
appoint Lieut-Colonel W. Haly,Thomas H. Brooking, Esq.,
John Dunscombe, Esq., and Newman ~W. Hoyles, Esq., to
be his colonial aides-de-camp, the three last named gentle
men with the rank of Lieut.-Colonel of Militia.
It is evident from the Records that the taste of Sir
Thomas Cochrane harmonised with the formal system
of etiquette introduced under his auspices. This
appears from a communication addressed by his direc
tion to the Chamber of Commerce, in reference to the
mode and times in which that body might communi
cate with him. Formerly the merchants seem to have
had access to the Governor at all times as circum
stances made needful. But this was to be altered.
With the view of expediting the public service (so writes
the secretary), as well as of insuring due attention to the
wishes of individuals, which a desultory mode of conducting
business always interrupts, His Excellency is pleased to
make the following arrangements, which he trusts will be
found agreeable to the Chamber of Commerce. His Ex
cellency will receive those who may wish an interview with
him on Mondays and Fridays, between the hours of ten and
twelve. Any persons desiring an interview at any other
time will have a day appointed on making their wishes
known to him. Should any circumstances prevent His Ex
cellency from receiving persons on the day appointed, the
union jack on the fort will be struck at that period.
If, however, Sir Thomas was incHned to magnify his
office by concern for the Httle detaUs which seemed to
contribute to its dignity, the same disposition, turned
352 HISTORY OF NEWFOUNDLAND.
in another direction, brought forth fruits of which the
benefit is stiU patent in the colony, especiaUy in St.
John's and its neighbourhood. One of these consisted
in the improvements which he was the active agent to
effect in the means of local communication between
the capital and the surrounding district. One of the
greatest disadvantages under which the settlements in
a new countiy labour is the want of roads ; and though
Newfoundland had been inhabited for centuries — for a
longer period indeed than any other British colony —
yet in this respect the inhabitants were as Ul off as if
the land were newly occupied by them. For the
general policy of the nation, until the present century
was some way advanced, was to treat it as not form
ing a settlement at all, but simply a coUection of fish
ing stations, for whose necessities there was required
no other mode of communication than such as the
water afforded. Very Httle had been done to rectify
the condition of isolation in which the several com
munities were before Governor Cochrane's time. Such
roads as were in existence had been made at the
expense of the Government — an expense incurred not
for the sake of road-making, but merely to employ the
destitute poor.
His Excellency applied himself earnestly to effect
an improvement in this matter. One branch of his
endeavour was to amend the roads connecting the
principal military posts in St. John's. These lines
had been aUowed to faU into such a deplorable con
dition, that on the attention of the Ordnance Board
being called to them with a view to their being
ROAD-MAKING IN THE SETTLEMENT. 353
repaired, that body was frightened at the cost which
such a work would entail. The Governor, however,
carried his point, and the ways by which the soldier
had to travel from one fort to another were put into
a comparatively good condition. But His ExceUency's
ideas and activities in this matter went beyond the
boundaries of the capital. About ten or eleven mUes
from St. John's to the north-east lay the fishing
village of Portugal Cove, on the eastern shore of
Conception Bay. Immediately opposite, on the other
side of the bay, at a distance of fifteen miles, was the
flourishing town of Harbour Grace, the centre of a
considerable population. If a good road could be
made between St. John's and Portugal Cove, from
which the bay might be crossed by regular boats,
then the chief town would be brought into easy com
munication with a body of people which, with its own
inhabitants, formed nearly half the dweUers on the
island. This work the Governor undertook to cany
out ; and this he did with such efficiency and success
that the road laid down under his supervision, and
according to his plan, is still one of the best and the
most used ofany in the country.
Running along the shore to the northward of St.
John's were several settlements of fishermen. The
principal of these was situated at Torbay at a distance
of about seven miles from the capital. Between these
two points, there existed only a miserable apology for
a road, which had probably been extemporised by the
EngHsh soldiers, who had traversed the ground on
their way to expel the French in 1762. Yet the
A A
354 HISTORY OF NEWFOUNDLAND.
intervening country had many points of attraction,
and partly from a desire to afford the means of a
pleasant walk or drive, and stUl more to promote
a work of public utiHty, the Governor caused a road
to be laid out, which runs through one of the most
interesting suburbs of the chief town, and now con
tains many pretty and productive farms.
To the westward of St. John's there winds a
cheerful stream flowing from some distance in the
interior of the country, until it loses itself in the
harbour, at a place commonly caUed River Head.
The course of this stream is along a beautiful vaUey,
and it is crossed about three mUes from the city by a
bridge, which for a long period has borne the name of'
Waterford Bridge. Above this spot was a place to
which, previous to Governor Cochrane's coming to
the countiy, pic-nic parties had been wont to find
their way over a rude track, invited by the beauty of
the scenery. His ExceUency, discerning the value of
a good road here, not only as calculated to add to
the comfort of the citizens and open the land for
cultivation, but also because it would serve as a main
trunk from which branches might lead off to the
southern settlements, set about and succeeded in ac-
compHshing the structure of a soHd and commodious
highway. This road now leads through a number of as
productive farms, and as pleasant countiy residences
as are to be found in any of the rural districts of the
United Kingdom. In summer it is traversed daily
by a great number and variety of vehicles, and in
winter, when the thick snow lies gleaming on the
EXCELLENCE OF THE ROADS. 355
ground, it forms a course which is made merry by
the rapid flight of numbers of sledges, causing the
sharp air to be musical with the sound of their jingling
bells. Besides this attention to the roads in the neigh
bourhood of the capital, the Governor encouraged the
most distant outposts to make provision for the same
mode of intercommunication, and the stimulants he
appHed on this behalf were foUowed by a measure of
success, the traces of which are abundant at the
present day.
It is the subject of common remark from visitors to
St. John's — how exceUent the highways are by which
they are taken to see the surrounding country —
exceUent as regards the judgment which fixed then1
Hne of direction — their comparative width and level-
ness — and above all, their smoothness and hardness,
almost equal to the macadamised routes in England.
Doubtless the last feature is attributable to the
favourable character of the material used to keep
them in repair, and which is found in great abun
dance in immediate contiguity to them. StiU the
roads themselves, as has been just remarked, are
the objects of admiration to the stranger, and if he
enquires closely into their origin, he wiU hear a
tribute paid to Sir Thomas Cochrane for his wise and
zealous interest in such unostentatious but useful
matters, between thirty and forty years ago. Such
tribute conveys to his memory a far more real honour
than has been obtained by any of the persons who
were loudest and most active in the political schemes
A A 2
356 HISTORY OF NEWFOUNDLAND.
and demonstrations with which that self-same period
was filled.
Another improvement on which the heart of His
ExceUency was set, which occupied him for some
years, and which he saw brought to a completion, was
the erection of a new Government House. The
residence of the earliest governors of the country had
been no other than the ship of war, of which they
had the chief command. At a later period, a house
in the garrison was appropriated to their use, which
though neither extensive nor very commodious, yet
sufficed for aU practical purposes, when it was needed
only to serve as a residence for its occupant for three
or four summer months of the year. But when the
Governor became a fixed resident during his term of
office, the accommodation which had seemed suffi
cient in other days was considered inadequate. Be
sides, the house appropriated to his use was faUing
into decay, needed continual repairs, and at length
could scarcely be made to keep out the wind and
rain and snow.
The task of making provision to meet the want
thence arising devolved on Sir Thomas Cochrane,
who was furnished with liberal means by the autho
rities at home. The buflding which was erected
under his auspices is of large dhnensions, and its
interior is commodiously laid out. . Its cost, however,
was enormous, it being formed of cut stone brought
from beyond the sea. It is said that neither in its
exterior ornaments, nor in its internal accommoda
tions does it present an adequate return for the ex-
ERECTION OF THE GOVERNMENT HOUSE. 357
pense incurred on it.* Perhaps the great cause of
complaint against it arises not so much from any
defect in itself, as from the circumstances which have
grown up since its erection. It would require a
princely income to keep up a state in accordance with
its capacities; and as the modern system introduced
into the colony has considerably diminished the
income awarded to the Governor, he is in the position
of occupying a house larger than is needed by one
who wishes to keep his expenditure within the limits
of the official salary which he receives.
StiU the budding is not unworthy of the purpose
for which it was provided, and with its frontage of a
thick and variously wooded shrubbery, and this
looking down a spacious sloping street, 90 feet wide
(also laid out by Sir Thomas Cochrane, and caUed by
his name), leading down to the harbour, serves to
enhance the estimate entertained of a man who did so
much to promote the embeUishment of the city and
the convenience of the community.
One other work of this Governor of the same order
deserves mention in this connection. About three
miles to the north of St. John's Hes a very picturesque
lake embosomed in the woods; on its north-eastern
side there is a Httle peninsula projecting into the
* The original estimate presented to Parliament is 8,700Z. It
was afterwards increased by an extra grant of upwards of 2,0007.
Again, before it was finished, a further estimate of additional
funds required was laid before the ministry to the amount of
8,500/. In the House of Commons, July 25, 1831, Mr. Spring
Rice stated that the total cost, exclusive of stores sent from
England, had reached the sum of upwards of 30,000/.
358 HISTORY OF NEWFOUNDLAND.
water. On this his Excellency, having a better
opinion of the agricultural properties of the country
than any of his predecessors, and wishing to give
encouragement to farming by his own example, buUt
an ornamental cottage as a summer residence, close to
which he planted several varieties of trees, not indi
genous to the soil, but which proved well adapted to
its qualities. Through the forest separating the lake
from the^immediate neighbourhood of St. John's, is cut
a winding avenue which follows very much the
channel of a brawling stream, and then bends round
the lake to the cottage. AU this was done out of the
private resources of the proprietor, consequently, when
his term of office expired, the property was sold ; but
stiU Virginia Lake and Virginia Cottage remain among
the most attractive spots shown to the stranger
visiting St. John's.
In the year 1827 an event rather important to
the Church of England in the colony took place.
This was a visit from the Bishop of Nova Scotia,
whose diocese embraced the island of Newfoundland,
in which his lordship held the rank of a member of
His Majesty's CouncU. It was the first occasion of a
Protestant bishop making an official visitation to the
country. The churches were consequently unconse-
crated, and the rite of confirmation had never been
administered by episcopal hands. The Bishop had
intended to visit his flock in this part of his diocese,
during the summer of 1826, but owing to the delay in
the arrival at HaHfax of the ship which Rear- Admiral
Lake had appointed for the voyage, the season so far
VISITATION BY THE BISHOP OF NOVA SCOTIA. 359
advanced as to render it necessary to postpone the
execution of his design until the following year.
His lordship arrived in St. John's in May 1827, and
shortly afterwards he was presented with a petition
from the Archdeacon of Newfoundland,* the minister,
churchwardens, and other inhabitants of St. John's,
praying that the church might by a solemn act of
consecration be set apart for ever from aU profane
uses, and dedicated to the service and worship of
Almighty God. On June 3 this ceremony was per
formed, the edifice being consecrated, and caUed by
the name of St. John. Thence the prelate proceeded
to the several harbours northward and southward,
taking observations of their condition^ as weU as
performing the functions of his sacred office. The
results of his mission, and the views suggested by it,
are thus set forth by his lordship in a letter to the
Governor. After acknowledging the kind assistance
which he had received from His Excellency, during
his stay in the island, he says : —
I have been enabled to visit all the principal settlements
in the extensive bays of Placentia, Conception, Trinity, and
Bona Yista, besides attending to the wants of Ferryland,
Petty Harbour, St. John's, Torbay, Toulinguet, and the
Exploits River. In the course of this extensive tour,
eighteen churches and twenty burial grounds have been con
secrated. The rite of confirmation was administered twenty-
seven times, and 2,365 persons were partakers of it.
Although there was much to gratify me in these, to which
* This functionary had been appointed with archdeacons for
Nova Scotia and New Brunswick, by royal letters patent dated
May 26, 1826.
360 HISTORY OF NEWFOUNDLAND.
the labours of the few clergy on the island have been de
voted, and a commendable anxiety to share in such benefits
even among the most remote and neglected settlements, it
was impossible to be unmoved by the deplorable insuf
ficiency of religious instruction in large portions of the
island. .... I cannot conclude this subject without requesting
your Excellency's kind attention to the obvious want of one
classical school in Newfoundland, which ought to be estab
lished at, St. John's. It is quite deplorable that many
children of the most respectable inhabitants should be sent
for their instruction across the ocean, and, what is still more
to be lamented, to the United States of America.
.... Earnestly requesting a continuance of your Ex
cellency's powerful support and encouragement, &c.
(Signed) John Nova Scotia.
The Governor had done his utmost to further the
writer in the course of his visitation, and to promote
the great objects which the prelate had at heart, and
this not only from the desire which as a member of
the Church of England he naturaUy felt for the
extension of her influence, but from the patriotic wish
to promote the intellectual and moral well-being of
the island. His wise and liberal sentiments on this
matter are thus expressed in a letter of his private
secretary, sent to Mr. Cozens, magistrate at Brigus,
(who was a non-conformist) urging that gentleman to
pay all attention to the Bishop.
His Excellency is aware that you are dissentient from the
Established Church in some of its tenets ; but as the general
moral improvement of the people is the desire of every de
nomination of Christians, His Excellency feels assured that
you will promote this laudable pursuit, both by your ex
ample and influence, and confidently trusts that this soli-
AGITATION FOR CONSTITUTIONAL GOVERNMENT. 361
citude on the part of the Bishop for the spiritual welfare of
the inhabitants of the north shore of Conception Bay will
be conducive to their general and particular interests, by
uniting all classes in a social bond of harmony and good
feeling. The most obtrusive feature characterising the
period during which Governor Cochrane administered
the affairs of the colony, was the increasing breadth
and intensity with which was manifested the desire
for a local legislature. The agitation on behalf of
this object, which at first was sectional and limited in
extent, gradually enlarged its dimensions, until it
became obvious that it expressed the feelings of a
large majority of the people, a majority which was not
confined to the labouring classes, but embraced
numbers of the more wealthy inhabitants both of St.
John's and the out-ports, a growing concurrence in
the views entertained in the matter, which may partly
be accounted for from the fact that the revenue of
the colony was becoming considerable, and they from
whom it was drawn naturaUy wished to have a voice
in the disposal of it. Meetings were held to promote
this object, and memorials and petitions were trans
mitted to the Secretary of State and to the Houses of
ParHament, significant of the general desire that
institutions for self-government should be granted to
' this portion of His Majesty's loyal subjects.'
In the year 1828 a letter was published in London
by ' P. Morris, an inhabitant of the colony of New
foundland.' It was addressed to ' The Right Honour
able W. Huskisson, Esq.,' and was entitled ' Arguments
to prove the policy and necessity of granting to
362 HISTORY OF NEWFOUNDLAND.
Newfoundland a constitutional government.' The
letter displayed considerable ability on the part of the
writer, especially that kind of ability so important to
a controversialist, which consists in exposing to
ridicule the views of an opponent ; and the plea which
is put forth in it vindicating the right of the colonists
to share in their own government, and urging their
fitness for the exercise of such a right, is, bating some
exaggerations as to the advance they had made in
physical and social civUization, weU sustained.
The writer, in the first paragraph of his epistle,
expresses his trust that he ' shall be able to prove that
the same constitutional privileges which have been
bestowed on the neighbouring colonies can alone
render available to the mother country the great
internal resources of this the oldest and most valuable
of the British possessions in North America, the first
fruits of the naval enterprise of England, and the
greatest nursery for seamen in the world, and which
can alone save her from falling at no distant period a
victim at the feet of the young and aspiring Republic
of America.'
One of the most interesting portions of the letter is
the evidence which it furnishes that whUe the people
of Newfoundland were desirous to remove further
from the isolated condition in which their progenitors
had been placed, there were persons in England who
openly advocated a return to the old system, which for
so long had made the colony an anomaly as compared
with the other dependencies of Britain. The writer of
the letter caUs the attention of the Secretary of State
PAMPHLETS ON THE GOVERNMENT OF THE COLONY. 363
to a pamphlet lately published at Poole, and freely
circulated by persons interested in the Newfoundland
trade, throughout the principal towns of the United
Kingdom. The pamphlet was entitled, 'A View of
the Rise, Progress, and Present State of the Newfound
land Fishery,' and was dedicated to Benjamin Lester
Lester, Esq., M.P.
The object of this enlarged view (says Mr. Morris), what
ever might be the real intention of the writer, is to impress
on His Majesty's Government: — -
First. That the new form of government, lately established
under Sir Thomas Cochrane, is on too extensive a scale.
The vice-regal court, with the splendour of sovereign
authority, are highly objectionable ; that the house now
building for the use of the Governor is on too magnificent
a plan, and that the old system of an Admiral-Governor
was much less expensive; that while he maintained with
becoming dignity the honourable station in which he was
placed, he still avoided all unnecessary display, as being in
consistent with the government of a fishing town.
Secondly. That the present administration of justice,
under a chief-justice, and other duly qualified judges and
law officers, is equally objectionable ; that the summary
justice of the naval surrogates would be best adapted for a
fishery, and certainly less expensive.
Thirdly. That the agricultural improvement of New
foundland is a wild chimera ; that cultivation to any im
portant profitable extent is opposed by natural obstacles
which are insurmountable ; a thickly wooded country and
a scanty soil — everywhere encumbered with huge rocks, that
would never repay the enormous labour and expense of
clearing — and a climate uncongenial for the production of
the fruits of the earth.
Of the value of the above representations of the
beauty, or at least the suitableness of the old New-
364 HISTORY OF NEWFOUNDLAND.
foundland system, both in the administration of
government and the dispensing of justice, the reader
who has so far perused the present work can form his
own judgment, which is not likely to be in favour of
the picture. He has also seen evidence that in the
opinion of the people most concerned, the soU of the
countiy was not considered absolutely barren. But a
quotation may be fitly introduced here from Mr.
Morris's letter in reference to the comparative ex
pense &c. between the old system and the new.
He says : —
With respect to the first objection, the expense of the
government, I hope to be able to prove that the former
government, if it could be called by such a name, was much
more expensive than the present. The Admiral- Governor
was allowed a salary as governor, pay as admiral and com
mander-in-chief on the station, allowances for his table,
servants, with other followers (not speaking -of the great
patronage he had of promoting his friends and retainers to
all vacancies in the fleet), which amounted to about 3,8007.
or 4,000/. per annum. What were his services for these
great allowances ? Why, he came to Newfoundland in the
month of July or August, sometimes in September, and left
on October 25 ; so that I may safely say these governors, on
an average, were not more than four months in the year at
the seat of their government, for which they were paid at
the rate of from 11,0007. to 12,0007. per annum.
Our present Governor is allowed, I understand, about
4,0007. per year,* out of which he has to support the
splendour of ' vice-regal authority,' a large retinue of ser
vants, entertain the principal inhabitants of Newfoundland
at his table, and all strangers who visit the seat of his
* It was only 3,0007. Vide Report of the House of Commons,
1828.
OBJECTIONS TO REPRESENTATIVE GOVERNMENT. 365
government, to subscribe to all public charities and institu
tions. A great part of his income is expended in the
country, so that if the author of this pamphlet only just
takes an enlarged view of the subject, he will find that he was
egregiously in error in supposing that his favourite Admiral-
Governor was a cheaper governor, for it appears that the
matter of pounds, shillings, and pence, is his only criterion
of judgment. If a comparison be made between the relative
systems, the difference will appear more striking ; our pre
sent Governor has been, since his arrival, improving the con
dition of the country and the people ; and ... I maintain
that he has done more real good to the colony, since his
appointment, than all his predecessors put together.
He has, as far as his limited authority permitted him,
given every encouragement to the cultivation of the soil,
and has himself shown the example; he has encouraged
every measure calculated to promote the internal resources
of the country ; he has made roads, some of them at his own
expense ; he has been the patron of education for the poor
and the rich ; and he had scarcely landed on our shores when
he recommended the establishment of a university for the
education of our respectable youth, to prevent the* necessity
of sending them to the United States and other parts ; in
short, he has felt a sympathy for the country and the people
beyond what was ever felt by his predecessors, and the
country feels grateful to him for it.
The writer of this letter goes on to answer certain
specific objections which had been urged against the
establishment of a representative government in New
foundland, such as, that the countiy was not ripe for
it, that it could not raise a sufficient revenue to pay
the charges of a constitutional government, that such
a government is only suited to a stationary agricultural
population and not to a fishery, that if such a govern
ment were established in Newfoundland it would faU
366 HISTORY OF NEWFOUNDLAND.
under the influence of the mercantile body, and that
colonial assemblies have been found troublesome and
inconvenient, in consequence of the great differences
which have arisen between the assembHes and the
governors. After disposing of these objections, the writer
fortifies his appeal by reference to the opinions, not
only of persons who at different periods had made
themselves personally acquainted with the condition
and wants of the colony, but also of British statesmen,
Fox, Lord Holland, Mackintosh and Russell, quoting
from the last-named the eloquent words, ' Half a
century of freedom within the circuit of a few mfles
of rock, brings to perfection more of the greatest
quaHties of our nature, displays more fully the capacity
of man, exhibits more examples of heroism and
magnanimity, and emits more of the divine light of
poetry and philosophy, than thousands of years and
millions of people collected in the greatest empires in
the world can ever accompHsh under the ecHpse of
despotism.' So much space has been given to the letter of Mr.
Morris, because it was one of the ablest, and probably
the most effectual representations of the wishes and
feelings of the majority of the colonists, which came
before the ministers and legislators with whom it
rested to grant or refuse the prayer in support of
which such representations were made.
Meantime, the Governor was made to feel the
increasing current of pubHc opinion, running in the
same direction within the colony. The force of that
AGITATION FOR CATHOLIC EMANCIPATION. 367
current was temporarily augmented by the accession
of a collateral stream of feeHng, arising out of the
great measure of the British ParHament in 1829.
Nearly three-fourths of the population in St. John's
were Roman Catholics, and these to a man were all
on the side of obtaining a local legislature; the
minority which was opposed to that measure being
confined entirely to the Protestants. When the news
arrived of the passing of the biU granting CathoHc
Emancipation, the inteUigence was greeted with
great exultation by the larger body, a feeling which
was changed into bitterness when it was whispered
that the provisions of the biU did not apply to New
foundland. On this subject, a general meeting of the
Roman Catholic inhabitants of the town of St. John's
was held in their chapel on December 17, 1829, for the
purpose of ' expressing their surprise and indignation
at hearing that it was the opinion of the law authorities
of the country that the Act for the relief of His
Majesty's Roman CathoHc subjects did not apply to
Newfoundland.' The meeting also forwarded a
request to the Governor to be informed ' whether the
Act alluded to does or does not apply to His Majesty's
Roman Catholic subjects on this island?'
In answer to this appeal, His ExceUency, through
his secretary, expressed his extreme regret that it had
been deemed necessary to caU a meeting for the
purpose above specified : —
A course of proceeding calculated to disturb that harmony
which has so long and happily subsisted between all re
ligious persuasions in this community, by exciting in the
368 HISTORY OF NEWFOUNDLAND.
minds of the ignorant and umvary, an apprehension that His
Majesty's Government was disposed unduly to withhold from
them immunities and advantages to which they were law
fully entitled — a suspicion to which it has by no act on its
part been justly exposed ; for His Excellency is fully per
suaded that since his assumption of this government, the
public officers attached to it have never, in the performance
of their duties towards its inhabitants, in any shape adverted
to their religious tenets, nor permitted their conduct to be
influenced by the variation in their creeds ; and His Excel
lency feels he may with confidence leave it to the Roman
Catholics themselves to say how far His Excellency's dis
position has been to promote their wishes and views when
ever their particular interests have come before him.
I am now (continued the secretary) commanded by His
Excellency to acquaint you, that in consequence of having
received from the whole of the law officers of this govern
ment an opinion (formed after mature deliberation, and an
anxious desire to bend it to the expectations of His Majesty's
Roman Catholic subjects), that the Act of the 10th Geo. IV.
cap. 7, does no more apply to His Majesty's colonial posses
sions than those penal statutes it is intended to repeal ; and
that the relief it affords to His Majesty's Roman CathoHc
subjects in Great Britain and Ireland must in the colonies
emanate from his royal will. His Excellency has trans
mitted that opinion to the Secretary of State for the colonies,
to be laid before His Majesty, and His Excellency has every
hope that an early communication will enable His Excellency
to declare that His Majesty has been graciously pleased to
extend to his subjects here those privileges enjoyed by their
fellow-subjects in the United Kingdom
In answer to the Governor's representations on this
subject, he was speedily informed by the Secretary of
State that steps Avould be immediately taken for
extending to the Roman Catholics in Newfoundland,
by royal instruction, the provisions of the late Act for
MEMORIAL IN FAVOUR OF REFORM. 369
the relief of the King's Roman Catholic subjects in
the United Kingdom.
At a later period, the President of the Council,
administering the affairs of the Government (Sir
Thomas Cochrane being in England), received a des
patch containing the following information on the
subject : —
I have the satisfaction to acquaint you . . . that the im
portant subject to which you have called my attention has
not been lost sight of, and that His Majesty's Roman
Catholic subjects, resident in Newfoundland, have been
relieved in the Governor's new commission under the great
seal from all the civil disabilities to which they were pre
viously subject. I have the honour, &c,
(Signed) G-odebich.
As the movement on behalf of representative insti
tutions became more general in the colony, the
probabilities of its success increased. On July 25
1831, the subject was indirectly introduced in the
House of Commons, in a discussion on the civil esti
mate proposed for Newfoundland. Mr. Robinson
objected to the vote, alleging that he was instructed
by the inhabitants to say that if a local legislature
were granted to them, which they were equaUy
entitled to with the other American colonies, they
would never ask that House for another farthing.
Lord Howick, in reply, expressed the conviction of
the Government that the time had come for such
a boon to be granted, and justified the delay in
B B
370 HISTORY OF NEWFOUNDLAND.
conceding it by the consideration which it was neces
sary should be given to a measure of such great im
portance. Encouraged by such a recognition of the justice of
their demands, the citizens of St. John's and the
people of the outports gave themselves the more
earnestly to the work of agitation to obtain then
speedy fulfillment. Meetings were held in which
persons of all classes combined, — mercantile and pro
fessional men, Catholics and Protestants, being the
chief speakers, — to send petitions to the King and
Parliament, urging ' the great importance and absolute
necessity of obtaining a legislature for this island.'
The petition to the King was intrusted to the Governor,
who was waited on by a deputation soliciting him to
give it his support. The memorials to Parliament
were forwarded for presentation to Lord HoUand for
the House of Lords, and to Mr. Robinson for the
Commons. These memorials arrived in England at a time when
the whole of the United Kingaom was passing through
the throes of a poHtical crisis, which might have
seemed sufficient so to absorb the attention both of
the Cabinet and the Parliament, as to prevent them
giving heed to a cry issuing from a distant and com
paratively unknown colony. It was the period when
the Reform agitation was at its height ; when a Bill to
amend the representation had been carried in the
House of Commons and lost in the Peers ; when Lord
Grey's ministry had resigned, and, after a vain attempt
to form a Tory administration, had been reinstated,
SPONTANEOUS ACTION OF THE CROWN. 371
to carry out, sustained by a wrathful nation, what
appeared still an almost desperate task. But the voice
from Newfoundland happened to be in harmony with
the broader, louder clamour which was heard in the
home country as demanding the same kind of boon.
There was no need to present the petitions. In a
letter dated January 25, 1832, Mr. Brooking,
chairman of the Committee formed in Newfoundland,
writing froni London to Mr. W. Thomas, Deputy
Chairman, informed the Committee that the end of
their labours was on the eve of being successfully
arrived at. The letter stated that the writer had that
day received an assurance from ' Viscount Goderich of
the intention of His Majesty to confer upon the island
of Newfoundland a representative Government simUar
to that of Nova Scotia and New Brunswick. Thus,
in the words of Mr. Robinson, the necessity for
presenting the petitions was superseded by this
spontaneous grant on the part of the crown. In
addition to this concession of a legislative assembly
to the colony, a more material boon was to be con
ferred. All the crown lands were in future to be
sold outright, and the freehold reaHsed to the best
advantage, the proceeds to be appropriated in the
formation of roads and bridges in those districts where
purchases were made.
Some little delay occurred in fining up the new
commission to the Governor, empowering him to call
together a house of assembly, arising from the
difficulty in fixing the number of members of which
BB 2
372 HISTORY OF NEWFOUNDLAND.
that body should be composed. But on June 7, Lord
Howick brought the subject before the House of
Commons. He said that the second motion of which
he had given notice, was for leave to bring in a BUI to
transfer the application of the revenues of Newfound
land to a legislative body, to be created there by a
commission issued by His Majesty, the papers relating
to which had been laid on the table of the House. By
that commission, a legislative assembly, simUar to
those in the other North American colonies, had been
given to Newfoundland. One object of the Bill which
he asked leave to bring in was to transfer, as he had
said, the application of the revenues of the colony to
the new legislature, with the exception of a smaU
civil list for the salary of the Governor, Secretary, and
the judicial and law officers. Another object was to
continue certain Acts relating to the internal affairs of
the colony (which would expire at the end of this year)
until the new legislature should otherwise provide
respecting them. Another object of the BiU was to
continue the fishery Acts in force for two years from
the present time.
The House afterwards went into Committee on the
Newfoundland Acts, a resolution was agreed to, and,
the House having resumed, the report was ordered to
be received next day.
On Saturday, August 26, Sir Thomas John Cochrane
arrived at St. John's. The Gazette in notifying the
fact said, ' His return to his Government may be
regarded as the commencement of a new era in the
history of the colony; and we devoutly hope that
CONVOCATION OF A GENERAL ASSEMBLY. 373
the new constitution which we have received may, to
use the words of a late distinguished statesman, work
well' His Excellency came provided with full instructions
to direct him in the altered position of affairs; and
also with a proclamation under the King's sign-
manual, authorising him to summon a general as
sembly. The latter instrument he caused to be
immediately published for the information of the
inhabitants of the colony.
The proclamation declared that the island was
divided into nine electoral districts, each of which
was to have one or more representatives according to
its population, the whole number of members to be
fifteen. The right of votingwas conferred on every man
who for one year next immediately preceding the day
of election had occupied a dwelling-house within the
island, either as owner or tenant. If the person ful
filling this condition lived at a distance of more than
fifteen miles from the nearest voting-place, he might
exercise his right to the franchise by a written notice
subscribed by him in the presence of two witnesses,
and duly attested by their signatures. The assembly
when elected was to continue only during the royal
pleasure, and was not to proceed to the despatch of
any business unless six members at the least were
present through aU the deliberations thereupon.
The instructions to the Governor, accompanying
his commission, besides empowering him to convoke a
general assembly, also directed him to call together
the following persons appointed to be members of
374 HISTORY OF NEWFOUNDLAND.
His Majesty's Council in the island, viz. the chief
justice for the time being, the officer in command of
the land forces for the time being, the attorney-
general for the time being, the colonial secretary for
the time being, the collector or other chief officer
of the Customs for the time being, and WUliam
Haly, Esq. ' With aU due and usual solemnity ' the
Governor was to cause his commission to ' be read
and published before the Council, and to administer
to each of the members thereof the oaths therein
required.' He was also to communicate to the said
Council such of the instructions wherein their advice
and consent were mentioned to be requisite, and to
permit the members to have and enjoy freedom of
debate, and vote in all affairs of public concern sub
mitted to their consideration in council.
The elections for the House of Assembly were
appointed to take place between September 25
and December 8. They appear to have been con
ducted in peace and good order, no very manifest
root of bitterness having as yet sprung up, or, at
least, none having grown to such dimensions as
seriously to impair the harmony with which the
majority of all classes had combined to procure the
constitutional privilege, the exercise of which was
thus for the first time enjoyed. In the report of the
election for the district of St. John's, which appears
in the Gazette, there occurs what seems a singularity
to the English reader, viz. that while there were
only four candidates on the first day of poUing, on
the second they had increased to nine.
THE FIRST SESSION OF THE LEGISLATURE. 375
The first session of the legislature under the new con
stitution was opened on the first day of January 1833.
His Excellency the Governor left Government House a
little before two o'clock, attended by some of the principal
military officers and by his staff, and proceeded to the Court
House, at the doors of which he was received by a guard of
honour, and was saluted with nineteen guns from the fort.
Having been conducted to the door of the High Sheriff's
house, His Excellency was received by the High Sheriff
and the Sergeant-at-Arms to the council, who led the way
to the throne, &c. . . .
The above paragraph is from the newspaper report
of the proceedings. The speech of the Governor
dwelt at considerable length on the new era which had
arisen in the political condition of the island, and the
new responsibilities imposed thereby, concluding with
the foUowing declaration of His Excellency's own
sentiments : —
The experience of the past will afford the best criterion
by which to judge of my wishes and feelings towards those
you are here to represent. Uninfluenced by any local pre
judices, and without a single personal desire to gratify, I can
have but one object before me — their happiness and pros
perity ; and I assure you, gentlemen, from the bottom of
my heart, that it will be my most anxious and increasing
endeavour to cooperate with you in every measure that
can best attain those objects, for which the privileges now
about to be enjoyed have been solicited by the people, and
graciously conceded to them by their sovereign.
It does not come within the province of* this work
to enter into the details of the proceedings of this or
any succeeding assembly, excepting in matters more
especially deserving of notice. Of these, two occurred
376 HISTORY OF NEWFOUNDLAND.
in the first session of the legislature. One consisted
in an important disagreement between the assembly
and the councU. The former had initiated a Revenue
BUI, when to general surprise, though such a power
had been put forward in the British Parliament, as
one chiefly intended in the grant of the constitution,
the President of the Council denied the right of the
other House to pass such a measure, and declared that
if it were passed by both Houses, and should after
wards come before him in his capacity of chief justice,
he would treat it as a dead letter. This announce
ment certainly brought any legislation on the subject
to a dead stop, until the Home Government had been
heard from, either sustaining or repudiating these
views. The latter was the result of the appeal ; and
partly in consequence, Chief Justice Tucker resigned
his offices and retired from the colony.
Another subject of more real and durable import
ance, on which action was taken in the first session,
was the state of the law as to marriages. It has been
remarked in a former chapter, how unsatisfactory for
a long period were the regulations and the practice
relative to such an important element in the social life
of a community. In the year 1817, a law was received
in the colony, which greatly restricted the right to
celebrate marriage, almost confining it to the clergy
of the established church, under the same rules as to
the publication of banns &c, as were in use in the
United Kingdom. This restriction proving to be
attended with grave inconveniences, necessitating in
many cases its being disregarded, and illegal unions
ALTERATION IN THE MARRIAGE LAWS. 377
formed, a relaxation in the law was made in 1825, by
which other parties, not ministers of the establishment,
might be licensed to perform the ceremony outside a
certain distance from the residence of any clergyman.
But even under this more liberal regulation, the
community of Newfoundland was so scattered with
settlements beyond the reach of clerical and magis
terial supervision, that there were many families, the
parents of which had not complied with the legal re
quirements on being joined in wedlock, and con
sequently the children had but a very doubtful
legitimacy. To amend this evil state of things,
and to prevent its recurrence for the future, the
assembly passed ' an Act to repeal the laws now in
force concerning the celebration of marriages in this
island.' This statute rendered valid all marriages
formed in Newfoundland within a certain period, and
it conferred on aU resident ministers of any denomina
tion of Christians the right to celebrate marriages. It
was further made eligible to the Governor to confer
by Hcense the same power on teachers, preachers, ma
gistrates, and laymen, so as to meet the peculiar wants
of the countiy.
The latter years of Sir Thomas Cochrane's rule in
the colony formed a period of constantly increasing
trouble. He was made to see an utter change in the
dispositions and conduct of the people under his
government, and to feel that change in the sentiments
manifested towards himself.
It might perhaps have been foreseen that a con
stitution which called into existence a legislature in
378 HISTORY OF NEWFOUNDLAND.
which one branch, representing the people, had the
somewhat barren privilege of discussing and passing
measures and voting monies, whilst the other was con
stituted of the nominees of the crown, who exercised all
executive functions, and held the principal offices of
emolument among themselves, — that such a constitu
tion could not work harmoniously very long. But the
disharmony bringing with it other and more fatal signs
of disunion, developed more rapidly than ordinary ob
servers could have anticipated. The first evidence of
it was given even before the elections were held.
One of the candidates of St. John's was Mr. John
Kent. He was then a young man, but has since grown
grey, as the most prominent poHtician in the colony,
and for a period, under the recent constitution of what
is called responsible government, has held the post of
Premier. That gentleman, in his address to the electors,
dated September 4, 1832, plainly indicated that the
late grant of a local ParHament would be used as an
instrument to wring further concessions from the
Imperial authorities. He said: —
Our constitution has, as yet, only half developed itself;
but in that partial developement, a sufficient evidence is
given of the desire of power to hedge round its prerogative
with a force ductile to its will, but irresponsible to the
people. In a council nominated by the Governor, composed
of those holding offices under Government, or expectants for
place, and in which the leading interests of the country are
unrepresented, oligarchical principles must prevail. The task
of prostrating those principles, or of so modifying them as
to make them useful, now devolves on the people. . . .
RELIGIOUS AND POLITICAL DISCORD. 379
Your extensive franchise, amounting almost to universal
suffrage, will enable you to do this.
This address announced to those who were disposed
to be satisfied with the boon already gained, and who
looked for a cessation of political intrigues and clamour,
that there was before them another era of agitation,
which was likely to be the more intense, as the object
to be gained by it appealed more directly to the feel
ings of self-interest and the love of power.
But there were also the symptoms of the rising of
still worse elements of discord, even those flowing
from the bitter fountains of religious and sectarian
divisions. Up to this period, for many years the two
bodies of Protestants and Roman Catholics had lived
together in mutual amity and good will, none having
laboured more earnestly and successfully to promote
such a state of feeling than Bishops O'Donnel, Lam
bert, and Scallan, prelates of the Roman Catholic
church. All parties, irrespective of religious distinc
tions, had combined in the endeavour to obtain the
grant of a local legislature.* But this boon being
* There was, it appears, however, one exception to this com
bination of feeling. In a letter of Dr. Fleming, the Roman
Catholic bishop, addressed in 1837 to Lord Glenelg, the follow
ing passage occurs : ' Although a general anxiety was felt through
out the colony among all classes for the success of their petition
to the crown for the establishment of a house of assembly, and
the attainment of that object was almost unanimously looked
forward to as the best means of redressing their local grievances,
las an individual did not participate in that feeling : for I fore
saw that in a population composed for the most part of adven
turers, of persons struggling from poverty to wealth, much envy
380 HISTORY OF NEWFOUNDLAND.
obtained, they were soon to faU apart. Mr. Kent was
a Roman Catholic, but there were many even of his
own persuasion who thought that in choosing a re
presentative the preference should be given to others
whose age, long residence in the country, or connec
tion with the trade, marked them out for such a
position. This view was advocated by the editor of
the ' Public Ledger,' who, though not a Catholic,
had been an advocate for the late measure of local
government, also for Catholic emancipation — his
favourable interest in the latter subject having drawn
forth the special thanks of the Roman CathoHcs of
St. John's. His journal was opposed to the election
of Mr. Kent — that opposition being founded pro
fessedly on the unfitness of the candidate, when com
pared with other men in the community, for the
arduous and responsible duties of the office to which
he aspired : and also on an address in which that gen
tleman had said that he was backed by a party suffi
ciently powerful to carry him into the House, whatever
his qualifications were. Commenting on this announce
ment, the editor of the ' Ledger ' said, ' Upon what
influence, let it be enquired, does Mr. Kent depend
for such an outrage upon common decency ? Sure
we are that the Right Reverend Bishop of the church
of which Mr. Kent is a member will not tolerate
such conduct.'
In making this assertion, however, the editor was
and ill-will would be engendered on the part of the less fortunate
against those who with wealth acquired legislative power and
distinction.'
COMMENTS OF THE LOCAL PRESS. 381
under a mistake, as was soon made manifest by a
communication published by the prelate, denouncing
the ' Public Ledger,' and proclaiming Mr. Kent to be
the protige of the church. This brought forth a
strong article in the censured journal in the form of
a letter headed ' To the Right Reverend Dr. Fleming,
Roman Catholic Bishop.' In that letter, the act of
ostentatious clerical interference was boldly assaUed,
and the writer concluded with these words : —
Sir, — -You had better retire from the contest ; and if you
wish to be any longer respected among us, instantly publish
your recantation. You are not beyond the influence of the
press, which has only begun to deal with you. In your col
lision with it, take care you do not overrate your own
strength. The same day in which this defiance appeared, a
public meeting of the Roman Catholics of St. John's
was held in the chapel, at which two resolutions were
passed, one of which presented to the Right Reverend
Dr. Fleming an expression of the unabated venera
tion and respect of those assembled for his many
virtues. The other denounced the disgraceful con
duct of Mr. Winton of the ' Public Ledger,' and
declared his insulting attack on religion and the
venerated prelate to be as infamous as it was de
grading to himself and his journal.
More space has been given to this affair than it
may be considered by some to have deserved. But
in a work professing to narrate the introduction of
influences affecting the character and the action of
the people of Newfoundland, the seemingly trivial
382 HISTORY OF NEWFOUNDLAND.
facts noted above could not, with fidelity to the object
in view, be left out. They constituted the commence
ment of a train of events and operations which radi
cally altered the mutual relations subsisting between
the two great classes or sects into which society was
divided. The die was cast. Thenceforward the
names Catholic and Protestant were to be adopted as
poHtical war-cries, arraying the citizens against each
other as -they belonged to one or the other commu
nion, and branding as traitor and apostate the indi
vidual in one denomination who should show practical
sympathy with the poHtical views held by the majority
in the other. And beyond the arena of poHtical
warfare, the same deleterious influence was at work,
producing domestic discord, social espionage, and
more than once startling the public ear by the recital
of dreadful crimes. It is not for the writer to point
out the culpable originators of this change for the
worse; but the occasions out of which the change
first manifested itself he could not avoid setting down,
as he may also be obliged to give an account of some
of its darker products, leaving it to his readers to
draw from the facts the best conclusion they are
able, as to those on whom the blame of commencing
this unhappy social revolution should be fixed.
Marvellous was the rapidity with which the disease
spread, with a growing virulence and offensiveness in
its symptoms. It has been said that the first general
election passed over in comparative good order, for
then the poison of sectarian animosity had not had
time to propagate itself through the whole community.
DIFFICULT POSITION OF THE GOVERNOR. 383
But soon afterwards this baneful result was accom
plished. Politics waxed more fierce and unscrupulous
in its manifestoes from the press — poHtics became a
strong ingredient infused into the homilies delivered
from the altar — poHtics placarded the walls with vitu
perative attacks — politics embittered the intercourse
of the streets — and poHtics, summoning as its auxUiary
an appeal to class interests, to religious preferences,
to selfish desires and hopes, and to not less selfish
fears, made a dreary chapter of years to pass over
Newfoundland — a chapter which all good men and
honest patriots in the island are longing to see closed.
The Governor's position, in consequence of this rank
and sudden growth of party and religious animosities,
soon became a very painful one.
Previously it may have had its disagreeables, sub
jecting him to the complaints of individuals who
could urge their particular grievances; but such
complaints were more than counterbalanced by the
generaUy favourable appreciation of his conduct and
his services towards the public at large. But when
society was arrayed in two antagonistic classes whose
thoughts were principaUy intent on the battle in
which they were engaged, His Excellency could not
be looked upon as holding neutral ground. He was in
the position of one between two imperious masters,
exposed to the charge of holding to the one and
despising the other. And as by his official status it
was natural to him, as it was his duty, to stand in his
official conduct by the established system which he
was sworn to uphold, rather than countenance the
384 HISTORY OF NEWFOUNDLAND.
friends of innovation, he came to be regarded by that
body which caUed itself the Liberal party as its enemy,
and consequently a fit object for its accusations and
reproach. Though so late as the spring of 1832, the
leader of that party, Mr. P. Morris, at a public
dinner at which were present the representatives of
all sects and classes in St. John's, in proposing the
health of the Governor, could speak of him amidst
enthusiastic applause in the following eulogistic
terms : —
His Excellency Sir Thomas Cochrane is now at the
seat of Government, and it is devoutly to be hoped that he
will return to this country armed with such powers as are
necessary to set the political machine in constitutional motion.
. . . He has done great service to this country — more than
all his predecessors put together ; he has expended large
sums in affording employment to the people. It is to be
hoped he may return with constitutional power to complete
the good work he has commenced. It would be much to be
lamented that any other should deprive him of that merit to
which he is so justly entitled.*
Though these sentiments were deemed fit to set
* At the same festival at which the words quoted in the text
were spoken, the Roman Catholic bishop Fleming is reported to
have used the following language : — ' Should I, in this enlightened
period of mankind, meet with a bigot of any denomination,
whether clergyman or layman, the best remedy I would pre
scribe to heal so odious a disease would be to invite him to
St. John's, and point out to him its thousands of wealthy and
enlightened inhabitants, forgetting all distinctions of party and of
creed, but agreeing in that one precept which is the life, the
soul of religion, "Love one another," and never contending
unless for the mastery in benevolence and mutual affection.
Should this effect no change, I would introduce him to the cheer
ing and animating spectacle which this room exhibits, and show
THE RECALL OF THE GOVERNOR. 385
forth his character and conduct, at the end of six years'
rule over the colony, on the eve of the reception of the
local constitution of government — yet in less than
two years after the introduction of that measure, Sfr
Thomas had become so obnoxious to the party of which
the speaker above quoted was one of the chiefs, that
he was assaUed by daUy clamour and abuse, and had
to vindicate his character in the court of justice,
against a HbeUous attack made on him by the press.
But it was not only in the colony that the Governor
was made unpleasantly to feel the change which had
come over the sentiments of a large portion of the
community towards himself. The party whose ire
had been recently aroused against him, found the
means by which to forward their alleged grievances
to the home government, a course which was pursued
with such reiteration and persistency, that the Ministry
began to find Newfoundland with its local legislature
a more troublesome appendage, than it had been
before the grant of that coveted institution. So in
cessant and multiplied were the accounts given of the
disharmony between the executive and the body
caUing itself the people, whose views were expounded
by a considerable portion of the House of Assembly,
that it appears to have been concluded that some
him a Catholic bishop, a respectable and pious clergyman of the
Church of Scotland, and a liberal and enlightened clergyman of
the Church of England, with hands united^ aye, and hearts too,
dwelling together in a unity of virtue and of love I
cannot sit down, without taking this public opportunity of paying
the tribute of my thanks, to the Protestants of St. John's.'
C C
386 HISTORY OF NEWFOUNDLAND.
sacrifice must be offered to appease the rage of the
disaffected — and the Governor was selected as the
scapegoat, in the hope, probably, that his successor
would find it easier to glide smoothly along his proper
groove in a political machine, which in the course of
eighteen months' experience ought to have got into
something like useful and orderly working gear.
Accordingly, towards the close of the summer of 1834,
Sir Thomas John Cochrane was quietly superseded,
on very Httle previous notice, by Captain Prescott,
who had been appointed to fill his place.
Whatever may have been the faults of the removed
Governor — and it is difficult now to discover them —
however he may have been wanting in adaptation to
the new system of government — and he seems to have
acted honestly towards it — the conduct evinced by
one class of people in St. John's, on the occasion of
his departure, was such that it cannot be looked back
upon by Newfoundlanders of to-day without feelings
of indignation and shame. Unmindful of the services
which, during a long period, he had rendered to the
community, oblivious of the improvement which he
had effected, then patent on all sides, and still asso
ciated with his name, as also of the encomiums
passed on His ExceUency by the popular leaders but
two years before, the populace of St. John's assaUed
him and his daughter with hootings, maledictions,
and threats, and even pelted them with filth as they
passed from the official residence to the wharf at
which they were to embark.
It should be said, however, that it was only the
DISGRACEFUL TREATMENT OF THE GOVERNOR. 387
rabble and their political agitators that are fairly
amenable to the charge of such conduct. The re
spectable societies in the capital and in the outports
forwarded addresses, testifying to the many benefits
which the country had received under the adminis
tration of His Excellency. And six out of the seven
newspapers published in the island, not only held
themselves aloof from the insulting clamour raised
against him, but most of them commenting on his
removal, deplored the event as the departure of a
man whose absence would be felt as a public loss.
Some years later a stronger testimony was given
on the same side. There are persons living now,
who can remember how the Roman Catholic Bishop,
Dr. Fleming (who had been regarded as one of the
chief assaflants of the Governor) at the time when
age and faiHng health were creeping over him, refer
ring to the continued distractions of the community,
declared to them, that if it were in his power, he
would make any sacrifice to bring back Governor
Cochrane, the best Governor, he said, that had ever been
in Newfoundland*
* There are several rather touching instances of this Prelate's
recurring, in his latter days, with longing towards the unity and
peace in which he had lived with all his neighbours previous to
the introduction of political strife. The following anecdote was
received from the lips of Mrs. Winton, relict of the editor of the
' Public Ledger,' whose name has been noticed in this work, and
will have to be mentioned again. The widow stated that, as she
was sitting alone in the parlour one day in the year * * *, on
turning to the door which was opened by a servant, she was
startled and thrown into a tremor by the appearance of Bishop
c c 2
388 HISTORY OF NEWFOUNDLAND.
Fleming entering the room. He came and sat down opposite to
her, and said 'she was doubtless surprised to receive a visit from
him, but he felt that his days were numbered and were but few,
and he wished to die at peace with his neighbours. He lamented
the bitterness which had prevailed in the community, and if he
had given any offence, or done any wrong to Mr. Winton, he
wished to be forgiven, and reconciled to him. Shortly after
wards, the people of the city wondered at seeing the two walking
together through the streets on the most friendly terms. There
were also other parties with whom the Bishop had been in a
state of hostility who received and accepted from him like over
tures of reconciliation.
389
CHAPTER XIV.
1835—1846.
The History of Newfoundland has, in this volume,
with some ampHtude of detaU, now been brought down
to a period when it becomes less needful to treat the
affairs of the colony with such minuteness as has
characterised previous chapters. The time at which
the narrative has arrived scarcely belongs to the field
of past history, seeing that many of the actors in its
events are stiU living, and the number of these must
necessarUy increase, as a nearer approach is made to
the present day. The materials avaUable to a writer
who, at some future time, may be disposed to analyse
them for the purpose of weaving a detaUed narrative
of these years, are very abundant, and are not likely
soon to be lost. They could not be made use of for
such a purpose now, without, on the one hand, bring
ing forward the names of existing persons in a manner
not very agreeable to them ; and on the other, exposing
the author to the charge of participating in party
feelings, connected with proceedings which are not
as yet removed to a sufficient distance of time to be
contemplated with impartiality, or, at least, to such a
distance as cuts off any suspicion of one-sidedness.
390 HISTORY OF NEWFOUNDLAND.
It is satisfactory to relinquish what, under such
circumstances, could scarcely be otherwise than an
invidious task. Of the annals of the past thirty years,
it is sufficient generally to say that they are in no
smaU measure occupied with facts of painful interest,
the intricacies of political scheming, the clamorous
rage of popular and sectional animosities, made more
fierce by a strong infusion of the reHgious element —
or what usurped that sacred name, and bringing forth
disorders and crimes which shocked the feelings of the
better disposed in the community, and produced a
startling impression abroad. These features are plainly
exhibited in the journalistic literature of the time,
which can be compared with official documents rela
ting to the same matters, in the archives of the Govern
ment. Such a comparison shows some curious incon
sistencies, even contradictions, between, the accounts
of facts generaUy received in the colony, and the
representations made of those facts, by interested
parties, to the Secretary of State.
But, whfle withdrawing from the office of bemg a
minute annaHst of the thronging events of this period,
there are some facts standing out so prominently as the
signs of the times, and as indications of the character
of large classes of the people — facts, too, bearing on
constitutional questions, and calling forth decisions in
relation to the application of the British Constitution
to the special condition of the colonies — and other
facts, happfly of an unquestionably cheerful character,
denoting the progress of the country and the growth
of improvements, that this volume would not be com-
SHAMEFUL TREATMENT OF MR. WINTON. 391
plete without at least a cursory glance at the transac
tions of these more recent times. The removal of Sir
Thomas Cochrane did not bring healing to the rabid
disease of social disorder, religious contention, and
political strife. This continued to spread under his
successor, and to break out in more hideous wounds.
One of these, it becomes the unwelcome duty of one
who professes to review the principal facts and features
of the time, to show to his readers.
It has been mentioned in the previous chapter that
the PubHc Ledger and its editor had fallen under
the bitter hostiHty of one of the two parties, into
which, since the introduction of the legislature, the
people of the colony had become divided. This hos
tiHty was only the more deadly, because it was made
to assume the garb of a zeal for nationality, and the
vindication of the true religion. The Ledger was
represented as the assailant of the Irish people and
the Catholic Church. With what measure of truth
the accusation was made can easUy be ascertained by
reference to the files of the Journal. But whether
the charge was true or false, it was reiterated in the
ears of an ignorant people, and by them beHeved so
strongly, that they determined to gratify their wrath
ful feelings by an act of vengeance on the obnoxious
editor. Even so early as the Christmas of 1833 an
enraged mob assaUed his house, which was only saved
from destruction by the intervention of the miHtary.
Afterwards, placards were posted on the waUs by night,
fhreatening hhn with death. These things had no
effect in deterring Mr. Winton from the course which
392 HISTORY OF NEWFOUNDLAND.
he had chosen for himself and his paper. He fearlessly
defied his enemies, only taking the precaution to carry
arms about him to defend himself against any sudden
attack. In the month of May 1835, the editor paid a busi
ness visit to the towns situate on the shores of Con
ception Bay. On the 19th of that month he was at
Carbonier, whence in the afternoon he set out for
Harbour Grace. The narrative of what foUowed is
taken from the Public Ledger of June 2, 1835, and
was evidently written by Mr. Winton himself, after
his partial recovery, though the references to him are
all in the third person : —
Shortly after four o'clock in the afternoon of Tuesday, the
1 9th ultimo, Mr. Winton left Carbonier on horseback, with the
intention of reaching Harbour Grace, distant about three miles.
Before he quitted the town, he was joined by Captain Church
ward of the brig Hazard, who was also proceeding to the
same place on foot. Having gone through the marsh in the
neighbourhood of the town, and passed the bridge, they
leisurely ascended the long and rugged hill, which lay in
their way, and having passed the level ground on the sum
mit, were descending that part of the road commonly called
Saddle Hill (familiar to many of our readers as the scene of
former outrages, both accompanied and unaccompanied with
deeds of murder), when a gang of ruffians hideously dis
guised, with painted faces, suddenly issued from the woods
on the right of the road. Instantly, the foremost of them,
with uplifted arm, approached Mr. Winton, and by a heavy
blow on the side of the head with a stone, felled him from
the horse, while others sprang towards Captain Churchward
and effectually prevented him from rendering any assistance.
From the time when Mr. Winton fell to the ground, he was
rendered powerless by several heavy blows being dealt in
BARBARITIES INFLICTED ON MR. WINTON. 393
succession on his head. While this scene was enacting,
Captain Churchward called out violently, and in the utmost
distress, begged them to desist.; but he was soon hustled
into the woods to the left of the road, when two men
threatened him with instant death, if he offered any resist
ance, or made the slightest noise.
The savages, however, had not completed their diabolical
purpose. Not content with the brutal violence they had
committed upon their victim, they proceeded to fill his ears
with mud and gravel, and to the question, ' Do you mean to
murder me ? ' one of the ruffians replied, ' Hold your tongue
you ; ' and then opening a clasp knife, stooped down
and mutilated one of the ears. At this period, one of the
gang exclaimed, ' Hold his hands,' whilst another called out,
' Here he is, we have him.' They then took off the other
ear, and left their victim insensible. Upon recovering,
which Mr. Winton thinks must have been very shortly
afterwards, he found himself alone, and bleeding most pro
fusely from the wounds inflicted upon the head, as well as
from the excision of the ears, and upon rising from the
ground, he perceived, indistinctly (from the quantity of
blood which streamed over the head and filled the eyes) two
objects before him, one of which, as Mr. Winton approached
with a pistol in his hand, of which, from the suddenness of
the attack, he had hitherto been unable to avail himself,
retreated into the woods whence he had issued, whilst the
other, who proved to be Captain Churchward, ran up, and
urged him to proceed as fast as possible to Harbour Grace.
A desire to follow up and apprehend the miscreants, now
that there was some chance of fair play for it, was the
first natural impulse. But this was overruled, and Mr.
Winton and his fellow-traveller walked at a rapid pace
until they reached the house of Dr. Stirling (about a mile
and a half from the scene of these barbarities), when the
haemorrhage ceased, and the wounds were carefully and
skilfully dressed.
To the immense effusion of blood (so copious as to be
traceable along the road, even to the precincts of the town)
394 HISTORY OF NEWFOUNDLAND.
is no doubt to be ascribed, in the first instance, Mr.Winton's
rapid convalescence, but he is under the deepest obligations
to Dr. Stirling, and to his numerous and kind friends at
Harbour Grace, for their unwearied attention and unceasing
acts of kindness, under circumstances the most painfully
distressing. He is now restored to a degree of comparative
health and strength, and resumes his intercourse with his
readers. This transaction created a profound sensation in the
capital and throughout the island. The report of it
was republished, and drew forth indignant comments
from the press — both in the other North American
colonies and in the United Kingdom. The British
Government, too, was startled by the account of this
atrocious crime. What gives to it a darker signifi
cance is the fact that though it was committed in the
open day, and five persons at least took a guUty part
in it — though the enormous reward of 1,500?.,, 500/.
by the Governor, and 1,000?. by private friends of
the victim, with the promise of a free pardon and safe
removal from the country, in addition to the reward
to any accomplice who should give information leading
to the conviction of the actual perpetrators of the out
rage, yet to this day no evidence has ever been given
to criminate the parties stained with this infamous and
cruel deed.
Besides the 1,000Z. subscribed by the friends of the
mutilated editor for the detection of this dastardly
assault, a meeting was held on July 25, of the sub
scribers to his paper, and of the friends of the liberty
of the press, when, among others, the foUowing reso
lutions were passed : —
OUTRAGE ON MR. LOTT. 395
That, being deeply impressed with a belief that Mr.
Winton has been made the object of personal violence and
cruelty in consequence of the bold, independent, and fear
less manner in which he has endeavoured, through the
columns of . the Public Ledger, to uphold the rights and
liberties of the people, and to maintain the laws ; and sin
cerely compassionating Mr. Winton under the painful suf
ferings and irreparable bodily injury which he has sustained,
this meeting is determined to extend to Mr. Winton a
substantial proof of its sympathy and regard.
That a subscription list be immediately opened, for the
purpose of raising a fund to aid Mr. Winton in maintaining
the freedom and independence of the press, and in support
of sound constitutional principles and good government.
Before the meeting separated, 250?. were subscribed
by those present, and a committee was formed, com
posed of the most respectable merchants, to coUect an
increase to the fund.
If anything may be urged in paUiation of the above
outrage, from the prominent position occupied by
Mr. Winton in opposing the political action of the
clerical leaders of an ignorant and excitable people,
even such a plea of extenuation cannot be brought
forward in reference to another instance of like cha
racter, which took place five years later — long after
the manifestations of indignation and horror produced
by the former bloody deed. For, in this second case
the victim was nothing more than the overseer in the
printing-office of the Public Ledger.. The attack on
this person was preceded by a dark transaction, which
suggested the idea that the baneful spirit and organi
sation of Ribbonism had found a home in the colony.
On February 14, 1840, near midnight, Mr. Herman
396 HISTORY OF NEWFOUNDLAND.
Lott, foreman of the Ledger establishment, was walk
ing between the office and his own home, when he
was haUed by some one calling him by his name.
Stopping for a moment a person came up and per
suaded him to go to the assistance of his master's son,
at a spot mentioned. On their way thither they were
joined by a third party, who entered into conversation
with them. Suddenly, Mr. Lott felt his arms tightly
pinioned behind, rendering him helpless. After this
a bandage was tied over his eyes, and he was led up
to the door of a house, which, on the application of
a knock, was opened, and they entered apparently a
room. Then the handkerchief was removed from the
eyes of the captive, and he discovered that he was in
a smaU room, closely hung with some kind of white
sheeting or calico, even the ceiHng being so covered.
At a smaU table near the fireplace were seated two
men, clad in black, seemingly clerical robes, with their
heads and faces also covered with a kind of black skull
cap, merely leaving apertures for the eyes and mouth.
On the table before them were pens, hik, and paper.
In presence of this ominous array the young man was
subjected to a severe interrogation on matters con
nected with his office : — as to the persons who wrote
for the paper, who visited Mr.Winton's house; whether
Mr. Winton kept arms in his house, and carried them
about his person.
The inquisitors did not make much out of the ex
amination ; and, after threatening their prisoner, that
if he divulged a word of what had transpired, an
unseen and an unknown hand would be in his way,
SECOND ASSAULT ON MR. LOTT. 397
his eyes were bound as before, and on the ringing
of a bell, he was led out for some distance. After
about a quarter of an hour's walking, the rope which
bound his arms was suddenly cut, and he was violently
turned round once or twice so as to cause him to
stagger and fall against a fence. Rising up as quickly
as he could, he tore the bandage from his eyes, and
could hear retreating footsteps, but could see no one.
Instead of keeping the matter secret, Mr. Lott, the
following day, made a deposition on oath as to the
facts which have been thus briefly sketched.
Perhaps for his own sake, it had been better if he
had been sflent in respect to what had transpired.
Certainly the threat of 'the unseen and unknown
hand to be in his way ' had not been idly spoken.
Three months after this mysterious affair, Lott had
occasion, on his employer's business, to pass over the
spot made memorable by the assault on Mr. Winton
in 1835. As he was journeying on foot between
twelve and one o'clock in the day, four men disguised
with black crape over their faces, rushed from the
wood on the side of the road, one of them crying out,
' Long looked for is come at last.' Notwithstanding
that he made some resistance with a sword-stick,
which he carried with him, he was thrown down, and
whUe on the ground was beaten about the head with a
stone, until he became insensible. On recovering his
faculties, he found himself alone, his hands and face
covered with blood, and soon discovered that both
his ears had been cut off, and were bleeding profusely !
A large reward was offered for the conviction of the
398 HISTORY OF NEWFOUNDLAND.
perpetrators of this atrocious deed, but, as in the
former instance, without success. One other case of
outrage must be mentioned as denoting the lawless
features characteristic of this period. In the fall of
1840, the election of a member of the House of
Assembly took place at Carbonier. Both the candi
dates were Roman Catholics, but, as usual, one was sup
ported by what was termed the priest's party, which
was opposed to the other. There was a considerable
amount of disorder and rioting,* which called for the
* The rioting, indeed, on this occasion was of a very terrific
character; many individuals were seriously injured in their persons,
and besides other injuries to property, two houses were destroyed,
one by fire, the other being fairly torn to pieces. No return to
the writ could be made ; consequently, the election was void.
Order was eventually restored, by the introduction of a military
force from St. John's. Such a force had been applied for pre
viously by the magistrates of the district ; but the application
was not complied with by the Governor in Council, until the
mischief had begun. On this subject, Lord John Russell wrote
in the following strong terms to Governor Prescott : — ' After an
attentive perusal of the documents which accompanied your
despatch, I am of opinion that it was your duty to have sent
off one hundred men on the Fifth of December, for the restoration
of order, instead of waiting until the Ninth of that month. You
should have acted on your own responsibility in this respect, and
should not have consulted the Council upon such a measure. I
have to desire that you will convey to the House of Assembly my
decided opinion that Carbonier ought no longer to be a polling
place. You will also take the earliest opportunity of informing
that body that proceedings so disgraceful as those which have
now taken place, unless punished promptly, and prevented as
much as possible by the wisdom of the legislature, and the vigour
of the executive, will bring representative Government in New
foundland into reproach with all who value order and safety of
life and property. (Signed) J. Russell.'
ELECTIONEERING RIOTS AT CARBONIER. 399
interference of Mr. Ridley, one of the justices of the
peace. This gentleman is described as in all respects
an exceUent man, carrying on a large mercantile
establishment at Harbour Grace, by means of which
he furnished employment and support to a considerable
number of the population of the whole district. So
prudently did he conduct himself with reference to
the passions caUed forth by the election, that he did
not vote for either of the candidates. He simply
interfered as a magistrate to maintain order, and when
in the very act of restraining violence, a ruffian struck
him from behind on the head with a heavy stick,
applying aU the force of both his hands in the blow,
by which, for some time, Mr. Ridley's life was in most
serious danger.
It is not an agreeable task to reproduce in a work
which aims at something more than an ephemeral
character, these examples of savage brutality, nor
would they have been so reproduced if they could be
viewed as soHtary monstrosities obtruding their
repulsive features, in startling contrast to the general
aspect indicative of a law-abiding community. But
when it is considered that in the first case, the
criminals were five in number, and that a reward of
1,500?. could not drag one of them from his lair, or
lead to his detection, among people many of whom
must have known the whole of them, — that the second
crime was committed by nearly an equal number of
wretches in the noonday, close to a town even within
a mile of the place where a judge was at that very
time holding a Court of Session, — and, that in the
400 HISTORY OF NEWFOUNDLAND.
third instance, an honoured magistrate and gentleman
was, in the exercise of a public and humane duty, all
but murdered in the presence of crowds of men who
stretched forth no hand to save him, such facts ought
to be recorded as true but offensive signs of the
spirit of the people and the times.
In connection with these displays of license, two
cases, denoting a more organised resistance to the
constituted authorities, merit a place in the brief
sketch of this period. The first of these consisted in
a laboured and at length successful endeavour to
procure the removal of an inflexible judge from his
seat. The foundation of the bitter feeHng directed
against Chief Justice Boulton appears to have been
laid in the wholesome severity, with which it had been
necessary, on his first coming to the countiy, to ad
minister the laws against the most serious offences. It
was a time when the most dreadful crimes were brought
before the jurisdiction of the court. No less than
thirteen persons were arraigned under capital indict
ments. Two of these indictments described murders
which involved the extermination of almost entire
famUies. Against several of the accused a verdict of
guilty was brought in, and the sentence of death was
pronounced and executed on them. These facts
caused the chief justice to be stigmatised with the
soubriquet of 'the hanging judge.' WhUe on this
ground he was exposed to the dislike of the ignorant
classes, there were other decisions from his hand, in
which his rigid adherence to the laws and the rules of
court arrayed against him the leaders, politico-ecclesi-
PETITION ACCUSING CHIEF JUSTICE BOULTON. 401
astical, of that party which had sway over the crowd.
The consequence was that a formidable petition,
subscribed with thousands of signatures, was forwarded
to the King, praying that ' His Majesty would be
pleased to purify the bench of justice in Newfound
land by the removal of the chief justice.'
It would take up too much space to go at length
into this case, which engaged the long and anxious
attention of the Privy Council. It must suffice
to state the result of the investigation, and to point
out the injustice and inexpediency with which the
decision of the Government is chargeable. The Privy
Council thus states the case as between the judge and
his accusers. ' We have not found any ground for
imputing to the chief justice any corrupt motive,
or intentional deviation from his duty as a judge, and
we feel it incumbent upon us to express disapprobation
at the language and conduct adopted towards the
chief justice, as being unjust towards him personaHy,
and inconsistent with the respect due to the high
office he was fiUing.' Yet, though the judge was
acquitted of all the charges brought against him in his
judicial capacity, and the chief blame thrown back on
his assailants, the Council thus conclude their report :
' We feel it our duty to state, that we think it wiU be
inexpedient that he (Mr. Boulton) should be con
tinued in the office of chief justice of Newfoundland.'
The reason assigned for this strange recommenda
tion was that the judge had 'allowed himself to
participate in the strong feeHngs which appear un
fortunately to have influenced the different parties of
D D
402 HISTORY OF NEWFOUNDLAND.
the community (although we do not find that his
judicial decisions have been affected thereby).' If this
had been a sufficient ground for the judge's removal,
on the same principle the English Bench might
have been emptied of its occupants, for there was
scarcely one of them but was classed as Whig or
Tory, and, as such, gave his vote in the House of
Lords. And it was even more difficult than in
England for any man in Newfoundland, endowed
with thought and reason, whether he were judge or
otherwise, not to participate on one side or the other
in the party feelings which prevailed at the time. It
was indeed the highest testimony that could have
been paid to his honour for the Privy CouncU to say,
' We do not find that his judicial decisions have been
affected thereby.'
The removal of the judge must be pronounced an
act of injustice. It was giving the triumph to his
enemies,* whose language and conduct towards him
* The account given in the text is a simple statement of the
judgment of the Privy Council, its principal points given in the
very words of the Committee. How it could be perverted by the
enemies of the judge on announcing its bearing to their ignorant
followers, the subjoined jubilatory address will show :
'Huzza, huzza, huzza ! ! !
'Fishermen, rejoice ! There is some hope for you, that the
wages for which you have toiled and perilled your lives will not
again be snatched from you by the edicts of an unjust and despotic
judge ! Current supplies — let joy animate your bosoms ! the
law broken to injure you, and set aside for the vilest party
purposes, will again become your security.
'Victims of judicial tyranny, persecuted priests and people ! all
Newfoundland, lift up your hearts in thankfulness to God ! Boul
ton IS CONVICTED ! CONDEMNED ! ! SENTENCED ! ! !
PRIVILEGE OF PARLIAMENT. 403
were by the same tribunal emphatically and without
qualification condemned. They had obtained their
object, which was to send him out of the country;
and they were not people to feel much hurt by the
rebuke conveyed to them in the same decision which
accomplished then ends. It was the duty of the
home authorities, in vindicating the official conduct of
their servant, to have maintained the man at the post
in which he had performed obnoxious duties, as
otherwise it was likely to require an unwonted degree
of fortitude and fidelity in his successor to imitate
his conduct, should like circumstances arise. What
makes the injustice towards Judge Boulton harder
and more inexcusable is the fact that no provision
was made to uphold him in the same state else
where, but he was left to faU back in the ranks of the
bar, and to struggle upward in the drudgery of a
profession from which he had had reason to flatter
himself he had escaped.
Just at the time when the intelligence arrived in
the colony of the decision of the Privy CouncU on
the affair of Chief Justice Boulton, another case was
arising in the House of Assembly, requiring the
consideration and judgment of the same august body.
The circumstances out of which the case arose may
be thus epitomised from the reports of the public
journals of the time. On Tuesday, August 7, 1838,
' He has been found guilty upon the principal charges, guilty of
abrogating the laws and customs of the country and of being a
political partizan, and has been removed from the justice seat
of Newfoundland for ever.' D D 2
404 HISTORY OF NEWFOUNDLAND.
one of the members of the House — Mr. Kent— had
an altercation in the street with a gentleman of St.
John's — Mr. Kielly, a well-known medical practitioner.
Mr. Kent declared that the doctor had put his fist
near to his face, accompanying the act with a threat of
inflicting personal chastisement. The complainant, in
stead of appealing for protection to the law as admin
istered in the ordinary courts, determined to make the
matter a case of breach of parliamentary privilege.
The same day he appealed to the House, which sat
for some time with closed doors. On the public being
admitted, the Speaker ordered Dr. Kielly to be
brought to the bar of the House. On this order
being complied with, the Speaker informed the
prisoner that he had been brought to the bar of
the House in consequence of a complaint of a
violation of the privileges of the House made against
him by an honourable member. He then commanded
the clerk to read a report of a committee appointed
to consider the matter, with the evidence on which
it was founded. The report declared the committee
to be of opinion 'that the conduct of Mr. Kielly is
a gross breach of the privileges of the House, and,
if allowed to pass unnoticed, would be a sufficient
cause for deterring members acting in the independent
manner so necessary for a free assembly.' On the
accused begging to be aUowed to produce witnesses
on his own side, in reference to the occurrence which
had brought on him the censure of the Assembly,
his request was refused, the Speaker declaring that
the only course open to him was to plead ignorance
PRIVILEGE OF PARLIAMENT CONTESTED. 405
of the privileges of the House,, to profess himself
sorry for what he had done, and throw himself on
the clemency of the Assembly. This Dr. KieUy
refused to do ; and in the course of his examination,
his feelings becoming excited, he gave utterance to
expressions which undoubtedly were an infringement
of the privileges of the House. After this he was
ordered to be kept in the custody of the sergeant-at-
arms. Two days afterwards the defendant sent a written
apology to the Speaker for his conduct before the
House, but, when he declined to sign another
document which had been prepared, and which pur
ported to be an apology for his conduct towards
Mr. Kent in the public street, he was committed
to the custody of the sheriff, and lodged in the
common gaol.
On the following day the prisoner was brought
up before the Supreme Court on a writ of habeas
corpus, which had been granted on his own affidavit.
The case was tried by the Honourable Judge Lilly,
assistant judge of the Supreme Court: Mr. Bryan
Robinson, then a young barrister (now one of the
assistant judges in the island), in a very able speech,
moved for the discharge of the defendant. The plea
put forward in support of the motion was twofold:
first and principally, that the House of Assembly had
no such privileges as were assumed in the late
extraordinary proceedings; and secondly, that, ad
mitting the privileges, the warrant for the arrest
was so informal that it was not of legal value. The
406 HISTORY OF NEWFOUNDLAND.
judge, without at that time entering into the question
of the authority of the Assembly, took action on the
second plea, ' ruling that the commitment was defi
cient in those essentials necessary to constitute it legal.'
He therefore discharged the prisoner.
In a few days afterwards, his honour delivered a
lengthy and able judgment on the principle involved
in the question. In that judgment he declared it
to be his opinion that the House did not possess the
high powers they had arrogated in the late pro
ceeding ; that such were not inherent in it, as in the
Parliament of England ; that they were not necessary
for the protection of the members ; and that, even if
they were thought to be necessary, they ought to be
so declared and enacted by the legislature.
The course pursued by the House after the libera
tion of Dr. KieUy by the judge's order was not a
Httle singular. One resolution hastUy adopted (but
set aside afterwards) was to receive no further com
munication from the council through the master in
chancery to that body — the said master being the
Mr. Robinson who had moved for Kielly's discharge,
and afterwards, at the instance of that gentleman, had
served out a writ against the Speaker and several other
members. Another day, one of the leaders in the
House gave notice of a motion that the printer and
proprietor of the ' Newfoundlander,' be brought to the
bar of the House to answer for a gross violation of its
privileges in publishing in his paper a report of the
judgment given by Judge Lilly upon the writ of
habeas corpus in the matter of Dr. Kielly, committed
PROCEEDINGS IN THE SUPREME COURT. 407
by the Assembly for an alleged contempt. But
these were trifling displays of senatorial displeasure
compared with what took place the day after the
release of the offender against parliamentary privileges.
On that day, the indignant Assembly, through its
Speaker, proceeded to issue warrants against Dr.
Kielly, who had been discharged from custody;
against the high sheriff, who had liberated him in
obedience to the mandate of a judge; and finaUy
against the judge himself. Immediately the sergeant-
at-arms, with assistants, proceeded to the judge's
chambers, and, seizing upon Judge Lilly, in not the
gentlest manner, dragged him to the Speaker's room.
They then proceeded to the office of the sheriff,
whom they also put under arrest. Shortly after
wards, both prisoners were paraded through the
streets, in the midst of a great mob of people, and
confined in the house of the sergeant-at-arms. Dr.
Kielly, the original cause of aU this trouble, managed
to escape, by hiding himself in the house of a friend,
until the Governor, by proroguing the legislature,
put an end to the . assumed powers of the lower
branch, and set the captives at liberty. In the faU
term of the Supreme Court, Dr. Kielly's action
against the Speaker and others of the House of
Assembly came on for adjudication. It was first
brought before the new Chief Justice Bourne, in the
Circuit Court, when the defendant put in a plea of
justification on the ground of privilege, whereupon
issue was joined. The decision of the Court was
then withheld, and the case was reserved for the
408 HISTORY OF NEWFOUNDLAND.
opinion of the three judges in the Supreme Court.
After an able pleading by Mr. Robinson on behalf of
the plaintiff, and another in reply by Mr. Emerson,
the judges severally gave an exposition of their
opinion, which had been drawn up in writing. The
first was given by Judge Lilly, the conclusion of
which was — ' I am of opinion that the plea of justifi
cation has not been made out, and that the plaintiff
should have judgment on the demurrer.' He was
followed by Mr. Justice Desbarres, and by the chief
justice, who both gave judgment for the defendants,
thus sustaining the House of Assembly's estimate of
its privileges.
This decision occasioned much indignation and
alarm to the merchants of St. John's, who, not being
in any favour with the triumphant party in the
Assembly, saw in the judgment what might at any
time place them at the mercy of a body which was
hostile to them. Dr. Kielly was therefore induced to
appeal from the decision of the Supreme Court to Her
Majesty in Privy Council, and Mr. Robinson, the
barrister, proceeded to England to prosecute the
appeal. The case came on for hearing in January
1841, Mr. Pemberton, Q.C., and Mr. Henderson for
the appellant ; Mr. M. D. Hill, Q.C., and Mr. Flem
ing for the respondents. The case was again re
argued on May 23, 1842, before the Lord ChanceUor,
the Lords Brougham, Denman, Cottenham, and
Campbell, the Vice- ChanceUor of England, the Lord
Chief Justice of the Common Pleas, Mr. Justice
Erskine, the Right Hon. Dr. Lushington, and Baron
APPEAL TO THE PRIVY COUNCIL. 409
Parke. On January 11, 1843, the last-named judge,
by instruction from their lordships, rose to state the
reasons for the advice they would give to Her Majesty
to reverse the decision of the Court below. Of the
House of Assembly he said, ' They are a local legisla
ture, with every power reasonably necessary for the
proper exercise of their functions and duties ; but they
have not, what they have erroneously supposed them
selves to possess, the same exclusive privileges which
the ancient law of England has annexed to the House
of Parliament.' Therefore ' the judgment will be re
versed.' So important was this decision of the highest
court in the realm, that it established a precedent in
reference to all questions of Hke character which
might arise in any part of the British colonies.
By this period, another party had taken possession
of the Government in the United Kingdom. Sir
Robert Peel, at the head of the strong conservative
reaction against the policy of the Whigs, had displaced
and succeeded the Melbourne ministry. Lord Stanley,
now Lord Derby, held the seal of the colonies. Both
that minister and the cabinet to which he belonged,
were less Hkely than their predecessors to tolerate the
confusion which had arisen in the working of legisla
tive institutions in Newfoundland. Accordingly the
constitution was suspended, and in 1842 an Act was
passed by the Imperial Parliament ' for amending the
constitution of the Government of Newfoundland.'
The chief provisions of the Act were, that Her
Majesty was empowered to abolish the council as a
distinct branch of the legislature, and to authorise its
410 HISTORY OF NEWFOUNDLAND.
members to sit and vote in the House of Assembly as
members thereof, as fully in aU respects as the
elected members of the said house. Thus was formed
what is known in the colony by the name of the
amalgamated legislature. The change was effected
under Governor Sir John Harvey, who, though he had
been commissioned and had entered on his duties in
1841, yet, after the change in the constitution made
by the Act above mentioned, received a new commis
sion under the Great Seal, accompanied by instructions
under the Royal Signet as to his conduct in relation to
the change.*
It is pleasant to turn from the political controversies
which were carried on with such virulence, and which
brought forth such noxious fruits during many years
after the establishment of the powers of self-government,
to note some reaUy useful legislation which was pro
duced in this disorderly time. One of the subjects
which engaged the attention of the Assembly and the
Executive was the want of Hghts on the island, to give
intimation to mariners of then approach to a rocky
coast. Previous to 1835, there was only one light
house on the shores of Newfoundland, and that was
situated at the entrance to the capital. In the year
just mentioned, the local legislature passed Acts for the
erection of a Hghthouse on Cape Spear,1}- on a high
point of land about four miles from St. John's, and
another on the Harbour Grace Island in Conception
* The constitution was restored in 1 849 by an Act of Parliament
passed in the session of that year.
f Probably a corruption of Espere.
IMPORTANT LEGISLATIVE MEASURES: 1843. 411
Bay. In 1841 an Act was passed to make provision
for a lighthouse at or near Cape Bonavista, and in
1844 another Act was passed for the maintenance of a
Hghthouse at Cape Pine. These, and several others
which have since been added, confer a great benefit
on navigation, and still there are many parts of the
coast in which such an institution would be of great
use. A stiU more important and beneficial object em
ployed the deliberations and elicited the action of the
Government and the Assembly in 1843. This was the
passing of an Act for the encouragement of education
in the colony. Up to that period, all that had been
done on this behalf had proceeded from the voluntary
efforts of individuals, churches, and charitable societies,
with some sHght aid from the Imperial Government.
Though much good was undoubtedly done through
these agencies, yet in such a scattered population as
that of Newfoundland, there was a very large propor
tion of each rising generation growing up in ignorance,
and without the means of acquiring the elements of
learning. By an Act passed on May 22, 1843, a sum of 5,100?.
was granted annually for the promotion of education,
of which sum one haff was appropriated in support of
Protestant and one half in support of Roman CathoHc
schools. The above amount was further distributed
among a number of districts whose boundaries were
defined by the Act, and which embraced the whole
island. In each district a board was to be appointed by the
412 HISTORY OF NEWFOUNDLAND.
Governor, consisting of seven persons, of whom the
senior clergyman of the district was to be one. In all
those districts in which the majority of the population
were Protestants, the schools were to be under a Pro
testant board, and where the majority were Roman
Catholics, the schools were to be held by Catholic
boards. A yearly fee of one dollar was to be
required from each pupU attending the schools, the
several boards being empowered to remit the fee
where persons were unable to pay the same.
In the foUowing year an Act was passed to provide
for the establishment of an academy in St. John's for
the promotion of a superior order of education. By
that Act, the sum of 3,000?. was appropriated for the
erection of an academy, and for providing a library
and apparatus. The institution was to be under the
management of nine directors appointed by the
Governor. His Excellency had also the appointment
of senior and junior master, ' provided that no min
ister of religion having any fixed pastoral charge
should be eligible as a master.' The salary of the
senior master was fixed at 300?., that of the junior
master 250?., payable out of the general revenues of
the colony.
Such were the earliest legislative provisions made
for the education of the people in Newfoundland.
Various alterations have since been made in the system
thus introduced ; some of these alterations have doubt
less the character of improvements; others, again,
are of a more dubious sort, especially such as have
been framed to suit the lines of a more sectarian divi-
THE CREATION OF A BISHOPRIC: 1839. 413
sion. The general results of the educational provision
made in the colony are, at this day, disappointing.
With a grant of upwards of 13,000?. sterling expended
annually by the legislature on this object, the culture
of the labouring people in St. John's, and especially
in the outports, is of a lamentably low order. And it
is difficult to foresee any considerable improvement,
as the chief hinderance in the way lies in the indiffer
ence and apathy of the people themselves.
In 1839 an important change was made in the posi
tion of the Church of England in the colony. Up to
that year it had formed part of the diocese of Nova
Scotia. But on October 2, Royal instructions were
forwarded to Governor Prescott, under the sign-
manual, wherein he was informed that Her Majesty
had detached the islands of Newfoundland and the
Bermudas from the see of Nova Scotia to form a new
diocese, to be called the bishopric of Newfoundland ;
and, further, that Her Majesty had been pleased to
appoint ' our well-beloved Aubrey George Spencer,
Doctor in Divinity, to be the first bishop thereof, with
full power and authority to him and his commissary
or commissaries to exercise jurisdiction, spiritual and
ecclesiastical, throughout the said see and diocese,
according to the canons of the Church of England.'
On Saturday, August 9, 1845, St. John's was
honoured by the presence of an illustrious visitor, in
the person of His Royal Highness Prince Henry of
the Netherlands. An intimation of his intention to
come to Newfoundland had been given beforehand,
and His Excellency the Governor, Sir John Harvey,
414 HISTORY OF NEWFOUNDLAND.
having expressed a desire that the people should co
operate with him in testifying their respect for a
member of a royal house, connected by so many asso
ciations with the British crown, a public meeting was
immediately called, at which arrangements were made
to mark by a public reception of the prince the loyal
feelings of the inhabitants. In accordance with this
arrangement, His Royal Highness made his landing
and his progress through the city, amidst considerable
preparations to give him welcome from all orders of
men, civil and military, both ashore and afloat in the
harbour. The prince's visit extended over a fortnight,
during which he witnessed a regatta held in his
honour, on a lake near the city; attended the races;
also a pic-nic, given by a select party of ladies at
Virginia Water, where was the picturesque rural re
sidence erected and adorned by Sir Thomas Cochrane.
He also was a guest at the Agricultural Society's
ploughing-match and dinner, where he responded to
his health proposed by the Governor; and, not con
fining his interest to the capital, was driven over the
countiy to Portugal Cove, where the Unicorn steamer
was waiting to convey him to Harbour Grace, on the
other side of Conception Bay. On the 26th he em
barked, amidst the signs of a demonstration like to
that which greeted him on his landing, and carrying
with him, so writes the Gazette of that period, ' the
good wishes of every weU-thinking individual in the
community for his future welfare.'
The summer of the year 1846 was signalised to the
people of St. John's by a very different event from
GREAT FIRE AT ST. JOHN S : 1846. 415
that of according an enthusiastic reception to a royal
prince — an event similar in character, though more
disastrous in its extent, to those which made dismaUy
memorable to the older inhabitants the month of
November, in 1817. The catastrophe had been
heralded by like calamities in the neighbouring colo
nies. In May 1845, there had occurred a dreadful
conflagration in the city of Quebec. Between 1,500
and 2,000 houses were reported as being consumed,
rendering, as was calculated, 12,000 persons without
a home. The total loss of property was computed at
between 1,000,000?. and 1,500,000?., attended with a
great destruction of life. On June 27 a public meet
ing was held in St. John's, to express sympathy with
the sufferers, and to forward a subscription to aid in
their relief. The subscription amounted to the liberal
sum of 600?. While this gift was on its way, the
tidings were being borne to the donors of another
conflagration on the scene of the late calamity. Quebec
was visited with a second fire within a few weeks of
the first, almost equal in the extent of destruction it
caused. By the two fires it was said that at least
3,000 houses were consumed, and 20,000 persons
rendered houseless. About a month later the city of
St. John's, New Brunswick, was the scene of a con
flagration, which, though not comparable in its ravages
to those above mentioned, yet, for the size of the town
in which it occurred, inflicted very great suffering
and loss.
The turn of St. John's, Newfoundland, came in due
time, and in proportion to its magnitude, and its own
416 HISTORY OF NEWFOUNDLAND.
powers of recuperation, its calamity threw the others
into the shade. It is thus announced to the Secretary
of State in a letter of the Governor, dated June 10,
1846:— It has pleased the Almighty to visit this colony with a
great calamity. It was as if the wing of the destroying
angel, in the shape of an irresistible and awful conflagration,
had suddenly swept away three-fourths of this so lately
wealthy and prosperous city.
The event had originated in the morning of the
day before. That morning had opened with all the
brightness and warmth of summer sunshine. The
citizens were mostly sitting down to their breakfast,
when, a little before nine o'clock, the alarm was
sounded that a fire had broken out in the western
section of the city. Unfortunately, the wind, which
was high at the time, blew from the W., and went on
increasing to a gale as the day advanced, its current
made fiercer in the neighbourhood of the city by the
progress of the flames. In consequence, the fire
spread in the direction of the principal part of the
town, including the mercantile estabHshments, with
almost incredible rapidity. The fire-breaks, of sixty
feet width, were as nothing in the way of the de
vouring element. The flames leaped from street to
street, and blazing embers, as if to anticipate the
work of destruction threatened by the huge volume
of fire behind, flew onwards, and commenced the
appaUing work far in advance. The mflitary were
unwearied in then efforts to check the work of
devastation, and the civilians exerted themselves to
GREAT FIRE IN ST. JOHN'S — 1846. 417
the same end, but all in vain ; ' before the day closed,'
says the ' Gazette,' ' nothing but a forest of chimneys
remained to mark the site of the chief part of our so
recently flourishing town.'
Among the public buildings and estabHshments
destroyed were, St. John's parish church, the new
convent of the nuns of the Presentation Order, the
convent school-house ; the court house, sheriff's house
and offices, Police-office &c. ; the Exchange buildings,
including commercial room, insurance office, office
of Board of Control, Agricultural Society's Museum,
&c. ; the Post-office, Colonial Treasurer's office; the
Savings' Bank, Bank of British North America,
Custom House, Ordnance Store, and Queen's Wharf;
Mechanics' HaU, the reading room and library,
M'Murdo's Circulating Library, the various hotels,
together with the offices of aU the newspapers (eight
in number) published in the city.
The whole of the mercantile establishments (about
sixty) in the town, with a single exception, were
totally destroyed. Even stone and brick buddings
seemed to offer little or no resistance to the progress
of the devouring element. Several vessels and boats
too, some of which were filled with valuable goods
put on board for safety, were burnt. Indeed, it is
said that the harbour itself at one time seemed to be
on fire, for from the destruction of its enormous oil
vats, sheets of Hquid flame spread over the surface of
the water. The loss of property was estimated at more
than a million sterling. More than 2,000 houses were
destroyed, and 12,000 persons rendered homeless; so
E E
418 HISTORY OF NEWFOUNDLAND.
that — again to quote from the ' Royal Gazette,' — ' of
our thriving and important city, fully three-fourths
in extent and nine-twentieths in value have been
destroyed.' The Governor, who is said to have made himself
conspicuous on the day of the calamity in cheering
on the people in their exertions to stay its ravages,
the next day adopted the following measures to meet
the pressing emergency of the situation. He issued
a proclamation convening the local legislature to meet
in six days. He laid an embargo for a limited period
on the exportation of provisions. He addressed a
circular letter to the Governor-general and the
lieutenant-governors of all the British American colo
nies, and the British consuls at Boston and New York,
making known the deplorable disaster and the im
mediate wants arising from it. He authorised the
chartering of two vessels, one to Halifax and one to
New York, for provisions. Lastly, he caUed a meet
ing, held on the 10th, at which he presided, of all the
heads of the mercantile establishments, as well as of
the principal inhabitants, the clergy, judges, and
officers of the Government. One of the resolutions
passed at the public meeting deserves to be recorded,
as evincing the strong brave heart of the citizens
amidst the stUl smouldering embers of the fell ruin
which had suddenly come upon them: —
Resolved: That this meeting are 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,
EXTRAORDINARY PUBLIC SYMPATHY. 419
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.
Great sympathy was displayed, accompanied by a
bounteous liberality, towards the inhabitants of St.
John's suffering under such a fearful calamity, in the
neighbouring colonies and in the United Kingdom.
Halifax was the first to exhibit its practical charity.
At a meeting of the citizens held the day after the
news arrived, a subscription was commenced which in
a veiy short time reached 1,500?. This munificent
contribution was expended in provisions, which were
forwarded by the steamer, and was in addition to
1,000?. transmitted in specie by the Government of
Nova Scotia. Prince Edward's Island also forwarded
a large sum, as did also the towns of St. John's and
Fredericton. The Government of Canada sent 2,000?.,
and the citizens of Quebec subscribed even a larger
sum for the same object. The news arrived in England
at the time when Mr. Gladstone was holding the office
of colonial secretary only until the appointment of his
successor: but he at once sent present relief to the
extent of 5,000?. ; and immediately afterwards the new
secretary, Earl Grey, with the sanction of Parliament,
added to that sum other 25,000?. Besides this large
public grant, the Queen issued a letter to the Arch
bishops of Canterbury and York, authorising them to
bring before the clergy and congregations under their
charge the case of the sufferers in Newfoundland, in
the manner that might seem best calculated to draw
forth the liberality of the benevolent.
E E 2
420 HISTORY OF NEWFOUNDLAND.
By these means, and others of like character — for
those mentioned are but the principal parts of a
general stream of charity that converged towards St.
John's — the inhabitants of what had seemed a ruined
city took heart to set about its reconstruction, under
such conditions as might probably render it secure
against such a catastrophe as had recently befaUen it.
By the enactment of a law requiring that all buildings
in the business part of the town should be erected of
brick or stone, increasing the width of the streets, and
compelling the wooden oil vats for the future to be
built only on the south side of the harbour, it was
rendered next to impossible that the community
should see the recurrence of such a devastation as
was to make the 9th of June 1846 memorable at least
through the lifetime of the existing generation.
It may be here said that this security has lately
been increased by the introduction of a supply of
water from a lake on a considerable elevation at four
miles' distance, which, flowing through the pipes
with enormous force, has been proved sufficient to
confine any fire to the premises on which it breaks
out. With such an auxUiary to the improved con
struction of the town in reference to the danger of
fire, St. John's ought to be regarded as being as safe,
and the insurance ought to be almost as cheap, as in
the towns of the United Kingdom.
Little more than three months had elapsed after the
great fire, when Newfoundland was visited with a
dreadful gale, which effected great destruction of life
and property. The storm, which occurred September
TREMENDOUS TEMPEST. 421
19, 1846, appears to have raged all over the shore,
and, during part of its course, was accompanied by a
heavy fall of rain. Many vessels were totally wrecked
or dismasted, great numbers of boats were swamped
or driven from their moorings, and dashed to pieces
against the rocks. Quantities of fishing stages and
flakes in the various harbours along the coast were
entirely swept away; and with them, in many in
stances, the fruit of the owner's toUs during the
fishing season was engulphed. Houses were blown
from their foundations and torn in fragments. Trees
almost in every direction were uprooted from their
beds or broken in pieces by the fury of the gale.
Many bridges, fences, and other erections were also
carried away, or much injured by the rapid and
considerable rise of the rivers, which, in some
instances, reached fully ten feet above their ordinary
level, deluging the low lands near their courses, and
strewing their margins with immense quantities of
wrecked materials.
If the destruction of property was not very great in
St. John's, the reason was that the fire had not left
a great deal to be destroyed : and still it was the scene
of considerable damage and of some melancholy
casualties. There was a spacious but unfinished
budding called the Natives' Hall, which since the fire
had afforded shelter to several families — this was
blown down with an awful crash, and by its faU two
persons, a brother and sister, were kUled instantly,
whUe their mother was so severely injured as to leave
scarcely any hopes of her recovery. The new church
422 HISTORY OF NEWFOUNDLAND.
of St. Thomas, which had escaped the fire, was found,
after the gale subsided, to have been removed bodUy
several inches from its foundation. Even in the well-
sheltered harbour, many vessels were more or less
injured, several boats were sunk, and one fishing boat
with six or seven men on board, in endeavouring to
make the harbour, was said to have been swamped in
the narrows, and all on board lost.
Sir John Harvey had been removed from the Gov
ernment of Newfoundland a week before the great gale,
having been promoted to the Lieutenant-Governorship
of Nova Scotia. He had come to the island at a time
when political and party passions were vehemently
excited, and on the eve of the suspension of the con
stitution which had been granted in 1832. He made
it his endeavour to conciliate aU classes towards each
other, and towards himself, too often with the very
poor success which commonly attends such endeavours,
of leaving every party dissatisfied. Yet during his
tenn of office, he saw a modification of that bitterness
of tone which had prevaUed in the community. He
also witnessed and helped to promote measures of a
beneficial character, affecting the social interests of the
people. It was during his administration that the
advantage of postal steam communication was extended
to the island— the first steam packet bearing a mail
for Newfoundland entering the harbour of St. John's
on April 22, 1844. His Excellency lent himself also
to promote the developement of the agricultural
resources of the country . On this subj ect the following
extract from ' An Address of the Newfoundland
CLOSE OF SIR JOHN HARVEY'S ADMINISTRATION. 423
Agricultural Society ' — presented when he was about
to leave the country — bears testimony to his
services : —
Called into operation very soon after your Excellency's
arrival in Newfoundland, the Society has, under the influ
ence of your Excellency's continued encouragement and
support, steadily advanced in the diffusion of a desire for
agricultural knowledge, and has, by means to which we
need not at present more particularly allude, succeeded not
only in introducing great improvement in the practice of
agriculture, but in developing some of the natural resources
of the colony which were previously but imperfectly known,
and in thereby conferring upon its inhabitants the most
substantial benefits, the good effects of which are becoming
every day more apparent ; and we feel certain it will afford
your Excellency great satisfaction to be assured that the
Society will long cherish the remembrance of your Excel
lency's example, which it will be their constant aim to
emulate and promote.
424 HISTORY OF NEWFOUNDLAND.
CHAPTER XV-
1 846-1 8G0.
A very brief epitome of the principal events in NeAv •
foundland during the last seventeen years will occupy
the present chapter, which wiU conclude this attempt
to sketch the general history of the countiy, and be
followed by a special chapter, supplying some infor
mation not contained in the records which form the
materials of the general history, in relation to the
religious denominations into which the community is
divided. On the departure of Sir John Harvey, the tempo
rary administration of the Government devolved on
Lieutenant-colonel Law, senior officer in command of
Her Majesty's land forces, an able military man, who
had been nearly all his life a soldier ; having in his
youth shared in the retreat of the army under Sir
John Moore to Corunna, and been present at the
cheerless but glorious obsequies of that great British
hero. He afterwards distinguished himself in the
peninsular campaign, under the Duke of WeUington,
as well as in the battle of Waterloo. The gallant
officer conducted the Government until the spring of
1847, when he was superseded by Sir Gaspard le
AGITATION FOR A RESPONSIBLE EXECUTIVE. 425
Marchant, also a soldier, whose father had fallen at the
head of his brigade in the battle of Salamanca, and
who himself had fought as adjutant-general to the
Anglo- Spanish Legion and brigadier-general in the
Spanish service during the years 1835, 1836, and
1837. Before the Governor reached the country, a new form
of political agitation had commenced, having for its
object to put an end to the system of imperial
appointments to the principal offices in the colony,
and to procure such appointments to be at the disposal
of those who acquired a majority to support them in
the local legislature. This change was sought for on
the principle adopted elsewhere, that a British colony
should be governed ' according to the well-understood
wishes of the people.' The object aimed at is more
summarily expressed in the phrase — . ' Responsible
Government.' After the subject had been ventilated
by some portions of the press favourable to the pro
posed alteration, a public meeting was held in the
Court-house of St. John's, May 26, 1846, at which
it was resolved that a petition should be sent to the
Queen and both Houses of Parliament, praying for a
form of government similar to that which had been
granted to Nova Scotia.
Though the conflagration which almost destroyed
the city a fortnight after this meeting, followed by the
ravages of the subsequent gale all around the coast,
might to some have seemed to leave little of a material
sort to provoke the ambition of acquiring the re
sponsibility of ruling amidst such a chaos of wreck,
426 HISTORY OF NEWFOUNDLAND.
yet these calamities did not check the newly-awakened
appetite for a more real and substantial power of
self-government than had been granted by the con
stitution of 1832. The demand on this behalf was
reiterated in the papers, in meetings, and petitions,
and at length was communicated to the Imperial
Government as expressing the desire of the majority
of the House of Assembly. The latter body, perhaps
acting on the principle that one of the surest means
of obtaining a desirable boon was to treat it as a thing
that must eventually be obtained, adopted a resolu
tion in the session of 1849 declaring the opinion
of the House, that all future appointments to offices
within the colony, 'analogous to offices held by
political tenure where responsible Government pre
vails, should be notified by the executive at the time
of his appointment; that these offices are to be held
on a like tenure in the event of responsible govern
ment being acceded to in this colony.'
The advisers of Her Majesty, however, looked with
little favour on these proposals for increased powers to
the local government. Earl Grey, in a despatch relating
to the resolution which has just been quoted from, while
concurring in its demands in the event of the concession
of responsible government, stated his opinion ' that
until the wealth and population of the colony shaU have
increased considerably beyond their present amount,
the introduction of what is caUed responsible govern
ment wiU by no means prove to its advantage
The institutions of Newfoundland have been of late
in various ways modified and altered, "and some time
CORRESPONDENCE WITH THE HOME GOVERNMENT. 427
must unavoidably elapse before they can acquire that
amount of fixity and adaptation to the colonial
wants of society which seems an indispensable prelimi
nary to the future extension of popular government.'
Sir John Pakington, who in 1852 succeeded Earl
Grey as Secretary of State for the colonies, coincided
in these views. In a despatch dated April 3, 1852,
he wrote : —
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 govern
ment, and which were conveyed to you by Lord Grey in
the despatch already mentioned. I consider, on the con
trary, that the wisdom and justice of these conclusions
are confirmed by the accounts since received from New
foundland. StUl the agitation of the question was carried on
with growing earnestness and not a little bitterness.
So far as the discussion was maintained by arguments,
it was urged by the party advocating the change, that
the colony was of such importance in regard to its
population, the extent of its trade, and the amount of
its revenue, that it ought to be placed in the same
position as the other colonies : that Newfoundland was
the only British North American colony from which
the benefit of self-government was withheld, that great
abuses and exclusiveness prevaded under the existing
system ; that not only had the majority in successive
Houses of Assembly pronounced in favour of Execu
tive ResponsibUity, but that even the amalgamated
Legislature, of which two-fifths were crown nominees,
had affirmed the same principle; 'that the colony
428 HISTORY OF NEWFOUNDLAND.
possessed a sufficient number of inhabitants, qualified
by property, intelHgence, &c. &c, wUling to devote
their services to public business ; that the introduction
of Responsible Government would not be attended
by an increase of civU expenditure; and that the
inhabitants of the country were peaceable, loyal, and
industrious, full of respect for the laws of the land ; '
therefore, ' the government of the colony should
be conducted upon those general principles of
constitutional freedom which are in force in the
neighbouring colonies, irrespective of any sectarian
distinctions.' On the other side, it was argued that ' the pubHc
affairs of the colony were not of such an extensive and
intricate character as to require the introduction of a
system so complex as that of Responsible Government ;
that the people were not sufficiently educated in
political matters usefully to avail themselves of such a
system; that should it be conferred in the present
state of social developement, the natural desire for
office and emolument would more actively influence
politicians than the conscientious maintenance of
political opmions ; ' consequently, 'in the contest for
private profit the public interests would too often be
forgotten ; that the introduction of party government
in existing cncumstances would lead to perpetual
contests of a political character, the substantial basis of
political divisions in the country being confessedly the
difference of religious creeds; that the population of
the country being nearly balanced in number between
Protestants and Roman Catholics, each jealous of the
CONCESSION OF EXECUTIVE RESPONSIBILITY. 429
ascendency of the other; there was a necessity that
the Government should be independent of both, im
partial between them, and filling the public offices of
the colony from the most competent of either; and
that, from the existing unfair and unequal division of
electoral districts, the majority of the assembly
represented the Roman Catholics, who formed a
minority of the population entirely under the sway of
the priesthood, therefore the immediate effect of the
change would be to transfer to the latter the govern
ment of the colony with its patronage and power.'
But it was not by arguments that the matter was to
be settled. The advocates of the system, having the
majority in the assembly, could hinder all legislation
but what tended to promote their object, could throw
difficulties in the way of the local Executive, could
harass and perplex the Governor, and could send
deputations to besiege the Colonial Office hi Downing
Street, charging the cost of such delegations on the
revenues of the countiy. In the persistent use of
these means the prospect at length opened out of
ultimate success attending the efforts of the liberal
party, as it was caUed. Earl Grey, and afterwards Sir
John Pakington, had stood firm against innovation,
but the Duke of Newcastle, who succeeded the latter,
gave signs of yielding: and in 1854, it was communi
cated to the Governor (Ker B. HamUton, Esq., who
followed Sir Gaspard le Marchant, 1852) that 'Her
Majesty's Government had come to the conclusion that
they ought not to withhold from Newfoundland those
institutions and that civil administration which under
430 HISTORY OF NEWFOUNDLAND.
the popular name of Responsible Government had been
adopted in aU Her Majesty's neighbouring possessions
in North America ; and that they were prepared to
concede the immediate application of the system as
soon as certain necessary preliminary conditions had
been acceded to on the part of the Legislature.'
The principal of these conditions was 'the indemnifi
cation of present holders of those offices, which by the
change in question wUl be rendered liable to be vacated
at the will of the majority of the Legislature.'
It was not untU 1855 that the system was in
augurated, Governor HamUton having previously
been promoted to another colony — his removal having
doubtless been effected at the instance of the dominant
party in Newfoundland, who had not found His
Excellency sufficiently pliant to their wishes. To his
successor Charles Henry Darling, Esq., belonged the
honour of introducing a new era in the government
of the country. As was to have been expected, the
principal offices as held under the old regime were
immediately vacated (the holders retiring on pensions,
to be paid out of the local revenues), and were filled
up by the heads of the party that had mainly con
tributed to bring about the change.
In the year 1857, aU classes in the colony, even
those who were most pleased with the Home autho
rities for granting the boon of responsible govern
ment, were excited to considerable indignation by the
action of the British Ministry in reference to the
fisheries, a subject of far greater consequence to the
interests of the community than any poHtical trans-
CONVENTION WITH FRANCE [1856] CANCELLED. 431
formation. The time was that in which the aUiance
between England and France had been consolidated
by the triumphant issue of events a,t Sebastopol,
when, therefore, it was not unnatural for the high
contracting parties in that great business to be
mutuaUy disposed to review any other matters
between them in which each had an interest, and by
a readjustment of details perhaps promote the ad
vantage of both. Unfortunately, the fisheries of
Newfoundland were chosen as the field on which this
experiment of rectifying existing arrangements and
making mutual concessions was to be tried. The two
Governments accordingly entered into a convention,
ostensibly founded on the give and take principle, but
in which it appears that the French negotiators
astutely managed to secure the lion's share of the
taking, feebly balanced with the minimum of giving
up. The British ministry seem to have been in doubt
as to whether the people of Newfoundland would be
quite satisfied with the new arrangement, but to have
trusted that if its provisions were a little unpalatable,
yet they would be accepted and swaUowed under the
soothing influence of feelings of gratitude for the
late boon of Responsible Government. In this they
were greatly mistaken. When the Convention
reached St. John's its terms were intently scrutinised
by men who had a vital stake in the subject-matter to
which it referred; and by them it was speedily dis
covered that what the French had agreed to concede
was comparatively valueless, while their proposed
appropriations would half ruin the Newfoundland
432 HISTORY OF NEWFOUNDLAND.
fisheries. There was but one sentiment on the
question. Liberals and conservatives, merchants and
labourers, clergy and laity, aU combined to denounce
the shameful convention. The Legislature appointed
delegates to go to London to remonstrate with the
Ministry, others to Nova Scotia, New Brunswick, and
Canada, to rouse the feelings of the sister colonies
against the measure. These demonstrations soon put
an end to the negotiation between the two cabinets so
far as it affected the Newfoundland fisheries. On
being made acquainted with the angry storm which
had broken out in the colony, the Secretary of State
wrote a despatch to Governor Darling announcing the
withdrawment of the offensive clauses. His com
munication closed with the following unequivocal
recognition of the right of a colony to have the
deciding voice in reference to a measure in which its
own interests were so much concerned: —
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 authorised 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.
(Signed) H. Laboucheee.
The making known this reassuring despatch was
among the last public acts of Governor Darling.
He had already been notified of his appointment to
the government of Jamaica. His successor in New
foundland had also been appointed — Sir Alexander
ADMINISTRATION OF SIR A. BANNERMAN— 1857. 433
Bannerman, translated from the Bahamas, who, arriv
ing at St. John's on June 8, 1857, immediately
entered on the duties of his office, which he has
worthily filled to this day. The popular leaders
Avho had gained the boon of responsible govern
ment in 1855, and who, through the grant, attained to
the direction of affairs in the colony, were fortunate
in having a succession of favourable seasons for the
commencement of the working of the new system.
Bountiful fisheries, with their accompaniments of
extensive trade, abundant and well-paid industry,
and an immensely augmented revenue, seemed to
cast a reflective light, glorifying the recent institu
tion of self-government: and in many respects the
members of the executive showed themselves to be
men adapted to their places and to the times. They
effected a great amount of good by improving the
means of communication between the several districts ;
by encouraging the direct transit by steam to and from
the mother-country and the United States, as weU as
between the capital and the outports ; by increasing
the number of lighthouses on the coast; by fostering
the scheme for a telegraph line through the country ;
and by manifesting great pecuniary liberality in the
promotion of education. But unfortunately they
overlooked the fact that prosperous times are not the
result of poHtical changes, and that they are liable to
be followed by times of adversity. For such the
Government made no provision, by employing some
portion of the public revenue for the reduction
of the colonial debt. On the contrary, they increased
F F
434 HISTORY OF NEWFOUNDLAND.
it. Above all, they neglected to avaU themselves of
the period of general weU-doing among the labouring
population, to cripple the giant pauperism, which
even in the best days was devouring too largely the
resources of the state, and which was likely to show
itself a monster in growth, should there come an in
terruption to the tide of prosperity. One principal
internal weakness of- the Government was its tacit
assumption that it was so strong that it could not be
removed. In the year 1860 things grew rather cloudy to the
administration, without awakening in the members
the foresight of the storm in which they were to make
shipwreck. The fisheries were a partial failure, and
there were indications of much distress in the forth
coming winter, increasing the demand for aid from
the Government Poor Fund. To provide for this
latter HabiHty, a special session of the legislature was
caUed at the close of the year. Though the sitting
was a short one, it was long enough to show a want
of harmony among the members of the Government
and their supporters. After Christmas the House met
again to enter on the usual business of the country,
when it soon became increasingly manifest that the
majority did not puU very well together, and that the
Government was not so popular as it had been with
its outside supporters. What the result of such a
state of things might have been if it had been allowed
to run to its natural issue, it is impossible to say, as
there opened out a side issue which precipitated
events. The Government had brought in a BUI to fix
DISMISSAL OF THE MINISTRY— 1860. 435
the value in colonial currency to be given to imperial
sterling in the payment of officials. The judges,
thinking that their interests would be injuriously
affected by the measure, forwarded a representation
against it to the Governor. In the course of a dis
cussion on the subject, Mr. Kent, the colonial
secretary, probably harassed and irritated by various
causes, lost his temper in speaking of this correspond
ence, and at length, before the whole House, charged
His Excellency with having entered into a conspiracy
with the judges and the minority of the House against
his own Executive. On reading this accusation,
published in the papers next day, Sir Alexander
Bannerman wrote to Mr. Kent asking for an explana
tion, who, in reply, simply stated that he did not
consider himself called upon to give account to the
Governor of what he might have said in the House
of Assembly. Immediately after receiving this curt
response, His ExceUency informed the writer, and
those associated with him, that they no longer com
posed his executive council. At the same time, he
entrusted to Mr. Hoyles, the leader of the opposition,
the task of forming a government.
Then commenced a time of trouble. The only hope
of the new administration sustaining itself lay in an
appeal to the country by a general election, and both
parties prepared for a severe contest. The elections
came off in the latter part of AprU 1861, and were
attended with much tumult and riot, religious ani
mosities making the bitterest element in the struggle.
In St. John's many injuries were inflicted on persons
F F 2
436 HISTORY OF NEWFOUNDLAND.
and property, simply because a Protestant had dared
to stand as a candidate. At Harbour Grace, where
the Protestants were a large majority, and where they
determined to- make an effort to send members repre
senting that majority, there were such disorder and
violence and terror, that it was impossible to have an
election at aU. At Harbour Main, where the people
were all Roman Catholics, where all the candidates
were of the same faith, and where the only line of
division was made by the clergy favouring one side
and being opposed to the other, there was, besides
much destruction of property, an affray in which guns
were used, and a man of one of the factions was shot
dead by the side of his priest.
The result of the election seemed to show that the
new Government would be able to keep its place,* a
probability in which lay the seeds of a fearful day in
St. John's. On May 13 the new House of Assembly
was opened by the Governor in person. Threats of
disturbance had been rumoured about in the morn
ing, which rendered it necessary that the guard of
honour usually attending His Excellency on such
occasions should be strengthened. There was good
reason for the precaution. A crowd of about 2,000
persons with menacing aspect was collected about
the house. While the ceremony of opening was
going on, attempts were made to break into the
* As the contest had had imparted to it a sectarian character,
and as the Protestants in the island outnumber the Catholics by
nearly 10,000, it was inevitable that this result should follow if
the poll were fairly taken.
OPENING OF THE NEW ASSEMBLY— SERIOUS RIOTS. 437
building, which were checked only by the soldiers
being ordered to have their weapons ready. On His
Excellency retiring after the delivery of the speech
from the throne, he was saluted with hootings and
groans, and even stones thrown at his carriage.
Nothing further immediately happened, and the
greater part of the troops returned to then quarters.
About an hour afterwards, the news was bruited
about that there was serious rioting in the principal
street of the city. A Roman Catholic, poHtically ob
noxious to the mob, had his premises attacked, the
windows broken to the very frames, and aU the
contents of the estabhshment carried away, or strewn
over the street. This wreck being completed, the
multitude proceeded to the large premises of another
Roman Catholic, and there pursued the work of
ruthless demolition, accompanying it with the most
unblushing robbery. Their task was soon finished
here, and they were preparing for further acts of bri
gandage, fiUing with terror all parties living in the
neighbourhood. At length, a little after six o'clock,
by the order of the magistrates, about eighty or ninety
soldiers, commanded by Colonel Grant, marched along
the street to the scene of the most recent devastation,
where the mob was still arrayed. Then foUowed a
scene, lasting for two hours, which will not soon be
forgotten by those who witnessed it. The few soldiers
were hemmed in by a noisy multitude containing
many thousands, whose lawless passions were strongly
excited. The rowdies mocked and jeered at the
troops, snatched at their weapons, and flung huge
438 HISTORY OF NEWFOUNDLAND.
stones at them, by which several were severely injured,
as their bleeding faces testified. Attempts were made
to drag from his horse Colonel Grant, who, in the
spirit of patient humanity, ventured away from his
men into the midst of the mob, entreating them to
disperse. Priests of the Roman Catholic church
exerted themselves to the same effect, but all in vain.
At length, about eight o'clock, as the daylight began
to fade, it is averred in evidence given on oath after
wards, the report of a musket or pistol shot was heard
proceeding from the crowd and directed against the
soldiers. Then, though reluctantly, orders were given
to fire, and fearful was the effect produced, as one or
two sections of the small force complied with the
orders. Three persons were killed, and perhaps about twenty
wounded. Among the latter was a priest, an estim
able man, who had been exerting himself in the mob to
prevail on the people to go home. When the confusion
and dismay were at their highest, the beUs of the
Roman Catholic cathedral rang out. It was the call
of the Bishop to his misguided flock. FiUed with
mingled feelings of rage and fear, they hurried in thou
sands in obedience to the summons ; but it was only
in answer to the most solemn appeal that the prelate
prevailed on them to retire in peace and order to their
homes. In a narrative professing to come down to the
present times, it was impossible to avoid noticing the
course of events just described, however disagreeable
the review of some of them may be. The author has
DEFENCE OF THE GOVERNOR'S PROCEEDINGS. 439
striven simply to sketch the facts without commenting
on them, or passing judgment on parties impHcated
in them. But there are two points on which he will
venture an opinion hi opposition to views entertained
by some parties in Newfoundland.
The first relates to the conduct of Governor
Bannerman in dismissing the Kent Government. It
has been said, on the part of that Government, that the
reason assigned by His Excellency for the step was
only a pretext, enabling him to carry out a medi
tated purpose, founded on his dislike of the adminis
tration. There seems little need to resort to
such a ground for the Governor's proceeding, when
Mr. Kent's public accusation in the House, which he
refused to explain, left to the Queen's representative
no other choice than that of displacement.* When
* The following is the simple view which Sir Alexander
Bannerman took of the affair, conveyed in a letter to a private
gentleman, which the author, with the consent of both parties,
has been permitted to use : —
' I was accused by the Premier in the House of Assembly, and
in the presence of his colleagues, of entering into a conspiracy
with judges, lawyers, and a minority of the House, to defeat a
useful measure of my Government. I asked for an explanation,
and was refused, and if I had not acted as I did, I should not
have been worthy of remaining in Her Majesty's service one
hour afterwards.
' Ministers have been changed, and parliaments dissolved, very
often on slender causes ; but Mr. Kent's affair was a serious one.
The new system of government which was conceded in 1855, in
stead of lessening, increases a Governor's responsibility. A bad
ministry, with a corrupt majority, may do many things which the
Governor cannot help. But I would not for a day continue to
administer the government of a colony, unless I had the power to
dispense with the services of my ministers and appeal to the
440 HISTORY OF NEWFOUNDLAND.
the dismissed ministers say that they were removed to
gratify the Governor's feeling of aversion to them, they
allege a motive for his conduct which was either known
among them previous to his dismissing them, or which
has suggested itself as an after conclusion. If the
latter be the case, little value can be attached to the
imputation. If the former, — if they had reason to
know that His Excellency did not like them, then
what is to be said of the wisdom of then chief in
affording such a palpable opportunity for the mani
festation of such dislike?
But further, if it were true that Sir Alexander had
conceived a repugnance to his late advisers, that
feeling "might have one of two characters. It might
have been of a personal order, a feeling simply in
reference to the men ; and even in such a case, the
British constitution recognises that the sovereign, and
by consequence the sovereign's representative, may
have his preferences, and indulge them, providing -he
wUl submit his action to the judgment of the people
in the exercise of then constitutional rights at the
polling-booth, and abide by their decision. On the
other hand, the repugnance attributed to Sir Alexan
der, if it existed, may have been of a public character,
arising from the conviction that the ministers and
their majority did not represent the opinions and
feelings of the countiy, if fairly tried. In that case,
country. But in doing this a Governor must submit to many
things, and look to what the consequences may be to the interests
of the people.
' A. Bannerman.'
JUSTIFICATION OF EMPLOYMENT OF THE MILITARY. 441
it was his duty to avail himself of an opportunity to
make such a fair trial of the matter.
The best defence of the conduct of His Excellency
is to be found in two facts : first, that Mr. Hoyles, the
leader of the minority in the assembly, undertook to
carry on the government, if the constituencies could
be impartially appealed to, and protected in the
exercise of their electoral rights; and second, when
that appeal was made, and that protection afforded, he
was able to perform his undertaking. The two districts
on which the issue of the contest chiefly depended,
and where it was said that the late Government had
carried the day by unconstitutional practices, in the
last election, returned then opponents, — in bne case
without a struggle ; in the other, where there was a
peaceful orderly struggle, in which nearly every con
stituent gave his vote, by a majority of two to one.
Another point at which exception has been taken
is the bringing out of the mUitary on May 13, and
the subsequent firing on the riotous mob. It has
been said that the step was uncalled for, unconstitu
tional, would not have been taken but for the animus
of the authorities, and wiU never be taken again in
Hke circumstances. On this subject, the whole matter
hinges on the question, whether in any case the
military may be caHed out in aid of the civU power,
and whether, when so called out, they may be
employed hi any other way than as a mere show. If
the answer be given in the affirmative, then there can
be no doubt that the scenes in St. John's on the day
mentioned did caU for military intervention, and its
442 HISTORY OF NEWFOUNDLAND.
active though melancholy employment to save the
city from what threatened to be a night of triumphant
anarchy, and perhaps of bloodshedding beyond the
measure that unhappily prevailed.*
It was indeed an occasion of wonder and admira
tion, that the commander of the troops bore so long
and so patiently the insulting and injurious treatment
to which he and his men were subjected. If any
thing were wanting to justify the extreme measure
that was at last taken, it* was suppHed in subsequent
proceedings. It taught the rioters that they could
not pursue the work of open and organised destruc
tion and rapine in the streets of St. John's — a lesson
which, it is believed, they are not likely soon to
forget. While, as it was known to the disorderly
that the garrison was weak, not more than sufficient
for its own defence, and perhaps that of the chief
parts of the city, the mob, avoiding the circle where
they might come into contact with such defence, re
sorted to midnight burnings in the outskirts of the
town of property belonging to persons against whom
their ire had been aroused. Night after night the
heavens were Ht up by these incendiary flames, peace
ful and well-intentioned citizens being deterred by
fear from leaving their own houses to render aid in
extinguishing them. Amongst the property thus set
* It is pretty well known that the adherents of the several
mercantile houses were on the premises with loaded arms, and
prepared to use them in case the property was attacked, and
many private houses and individuals were furnished with muskets
and revolvers, to be determinately employed should an assault be
made on them.
COMPLETION OF THE ATLANTIC TELEGRAPH. 443
fire to was that of one of the judges, the college of the
Church of England (happily discovered and put out
at its commencement), and the countiy house of Mr.
Hoyles, the attorney-general and head of the new
Government (a pretty retreat, totally destroyed).
It is noticeable that these outrages were brought to a
close after the arrival of 200 men from Halifax to
strengthen the military force in St. John's.
To those who are in any danger of being led away into
mischief by representations •¦ that such military inter
vention is contrary to the ideas of the British Govern
ment, it may suffice to refer to a note in the preceding
chapter, containing the opinion of Lord John Russell,
a liberal and constitutional statesman, that it is the
duty of the authorities, when other means fail, to caU
out the mUitary for the repression of such disorders
as have been too rife in Newfoundland. HappUy, the
administration of those to whom was entrusted the
task of first working the system of responsible
government was connected with more pleasing events
than those which characterised then removal from
their posts. Two of the principal of these deserve
a brief notice.
Amidst the bright sunshine of the morning of
August 5, 1858, the people of St. John's were sud
denly thrown into great excitement by the intelH-
gence that the Niagara, with the Atlantic cable, had
arrived at Bay of Bulls Arm, Trinity Bay, and that
the ocean telegraph had been successfuUy laid down.
This consummation of a great enterprise had been
appropriately and solemnly celebrated at the scene of
444 HISTORY OF NEWFOUNDLAND.
the landing, by the commander of the ship reading
prayers in the midst of the crew and the gentlemen
who had accompanied the expedition, and then
delivering a short but grateful and devout address.
On the evening of the following Monday, the
Niagara and the Gorgon entered the harbour of St.
John's, and were welcomed by the ringing of bells
and the firing of guns. As the darkness came on, aU
the public buddings were iUuminated, and the people
of the capital gave themselves to rejoicings and
mutual felicitations. Subsequently, addresses were
presented to Captain Hudson and Mr. Cyrus Field
by the Executive Council and the Chamber of Com
merce, and a ball was given in honour of the visitors,
followed the day after by a regatta on the Lake of
Quidi- Vidi.
It was not until Tuesday, the 11th, that the first
messages conveyed along the line and containing the
reciprocal congratulations of the Queen of Great
Britain and the President of the United States were
published, affording proof, apparently, that all which
had been hoped for from the enterprise had been
secured. This was followed by a period of growing
anxiety and doubt. From some cause or other, it was
found difficult to transmit intelligible messages. The
difficulty increased, until at length it had to be ac
knowledged that the cable was injured somewhere,
and that that line was a failure.
Still the enterprise itself was no failure. It had
demonstrated the feasibUity of the work with better
materials, and had given a favourable solution to the
VISIT OF THE PRINCE OF WALES, 1860. 445
twofold problem as to whether a cable could be laid
across the Atlantic, and whether along such a cable
translateable messages could be conveyed.
The year 1860 witnessed an event which awakened
more profound and general interest than had been
produced by the landing of the telegraph cable.
This was the visit of His Royal Highness the Prince
of Wales, who, at St. John's, first touched on the
transatlantic dependencies of that dominion over which
he will probably one day be called to rule. It had
become known in the colony early in the year that
he intended to cross the ocean for a tour through
Canada; and on April 2, Sir Alexander Bannerman
conveyed to the legislature a communication which he
had received from His Grace the Duke of Newcastle,
stating that the Prince would most likely visit St.
John's on his way out, and desiring to be informed
how the visit of so short a duration could be turned
to best account for the gratification of the colony.
In answer to this despatch, a message was transmitted
to His Excellency, expressing the profound gratifica
tion with which the intelligence had been received,
and declaring that nothing should be wanting on the
part of the legislature and the people of the colony,
to testify their devoted loyalty to His Royal Highness,
as the eldest son of their beloved Queen and the heir-
apparent to the throne.
It was soon made evident that all classes from the
Governor downward were determined to give to the ex
pected guest as. hearty and appropriate a welcome as
public zeal and private endeavour could devise. As
446 HISTORY OF NEWFOUNDLAND.
the period approached when His Royal Highness was
expected, busy preparations might be seen going on
everywhere, and of every kind. Besides triumphal
arches spanning all the principal thoroughfares, new
flagstaffs appeared daily rising about the churches or
other public buddings, and in private houses. Painters
and carpenters were at a premium, and were working
day and night. Perhaps the most laudable endeavour
to show respect and consideration towards the Prince
was, that every householder, even to the very humblest,
determined that his dweUing should have a clean face
on it when it came to be looked on by royal eyes.
It had been announced that the squadron would
leave England on July 10, and might therefore be
looked for at St. John's about the 25th; but on Mon
day the 23rd, a beautifuUy clear day making vessels
visible at a great distance from Signal HU1, a flag Avas
hoisted on the Block House, denoting that a steamer
was in sight. This happened a little before twelve
o'clock, and in a short time afterwards all doubt as
to the character of the vessel was removed, by another
steamer being announced, the union jack floating above
the signal for the two vessels.
The Prince must have had a good opportunity of
examining the bold eastern coast of Newfoundland,
for six hours elapsed after the ships were sighted
before they entered the Narrows. This occurred about
half-past six o'clock, and the loyal feelings of the in
habitants were manifested by the firing of guns, the
ringing of bells, the waving of thousands of flags, and
by multitudes flocking down to the harbour, there to
RECEPTION OF THE PRINCE OF WALES. 447
shout their welcome in vociferous cheers. It was
soon made known that His Royal Highness would not
land until the following morning, and with the
gathering darkness the crowds retired to their homes.
The morning threw a damp on the expectations
awakened the evening before. The rain was pouring
down in torrents, threatening to spoU the preparations
which had been so studiously made for an effective
display. As time wore on, however, matters began to
look a little better, and it was announced that the
Prince would leave the Hero at twelve o'clock.
Almost precisely at that hour the sun shone through
an opening in the mantle of clouds, which soon dis
persed, to be seen no more during the stay of the
royal visitor.
Exactly at the time fixed, he descended into the
boat which was to convey him to the Queen's Wharf,
when, in the midst of the representatives of all the
wealth and intelligence and beauty which the island
contained, His ExceUency the Governor bade Albert
Edward welcome to the shores of Terra Nova.
Followed by the judges, the clergy, the civil officers,
and the members of the various societies of the capital,
His Royal Highness, accompanied by his distinguished
suite, was driven up to Government House, the several
volunteer companies being stationed at different parts
of the line of procession.
It is not needful to detail the proceedings of the
Prince during his brief visit. Suffice it to say, that
he held a levee; he received addresses, and gave
gracious answers to them ; he reviewed the volunteers ;
448 HISTORY OF NEWFOUNDLAND.
he visited the cathedrals; he pleased the ladies by
attending a ball; he gratified the fishermen by
honouring their regatta with his presence, and the.
wives of some of them still more, by going away from
the holiday spectacle to examine the fishing stages in
Quidi- Vidi, so as to learn something of the avocations
of their ordinary Hfe. His face soon became a fami
liar object in the streets of St. John's, and he made
several excursions on horseback in the suburbs; he
showed a youthful joyousness, as well as a princely
satisfaction, in accepting as the gift of the citizens a
noble Newfoundland dog, and instantly gave him the
name of Cabot, in honour of the discoverer of the
island. But one feeling prevailed towards His Royal
Highness, and went on increasing during his stay
among all orders of the people — that of cheerful and
affectionate respect, coupled with the sentiment of
reverent and grateful loyalty towards the royal lady
who had entrusted her son to the hospitality of the
distant subjects of her realm.
No doubt, much of the admirable fitness which
characterised the proceedings connected with the
royal visit was owing to the wisdom and prudence of
His Grace the Duke of Newcastle, on whom devolved
the responsible charge of directing the Prince's tour.
Whatever little contretemps occurred elsewhere, with
which the Duke was for the moment unpleasantly
associated, the impression produced in Newfoundland
by His Grace's demeanour and conduct was that of
unmingled and universal admiration — a sentiment
which has been permanent in its character ; so that in
DEPARTURE OF THE PRINCE OF WALES. 449
the unhappy embrodments which disturbed the peace
of the colony in the following year, and ever since, all
parties have been anxious to secure the good opinion
of the Colonial Minister.
Nor should the sagacity, tact, and kindness of the
Governor be omitted in noticing the causes which have
imparted a pleasant memory to this Royal visitation.
He identified himself with aU the preparations to do
honour to the event — he sought by all means in his
power to make the stay of his illustrious guest a
pleasure to himself and a boon to the people. He
caused the grounds of Government House to be
open to the public, so as to furnish every possible
opportunity of seeing the Prince, a privilege which
was freely and respectfully taken advantage of, without
being in a single instance abused. On the whole, His
ExceUency's endeavour to make the occasion one of
satisfaction to aU parties concerned, and his untiring
and successful exertions on that behalf, merited and
received unstinted praise.
On the morning of Thursday the 26th, His Royal
Highness was announced to take his leave. An
immense multitude of people, estimated at upwards of
thirty thousand, many having come from distant parts
of the colony, lined the route by which he proceeded
to the ship. From the time of his setting out from
Government House, there commenced a roar of
cheering which, taken up again and prolonged, seemed
to be uninterrupted until its subject was out of
hearing on the sea. After the Prince had embarked,
and the ships were slowly steaming out of the harbour
G G
450 HISTORY OF NEWFOUNDLAND.
towards the Narrows, hundreds flocked along the
road that they might give him one cheer more. As
the Hero passed on, His Royal Highness saw on the
rocks, on every spot where footing could be had, crowds
of persons who had sought a slippery stand from which
to bid him God speed, these expressions of loyalty
being gracefuUy acknowledged by him.
Then the guns from the heights waked reverbera
ting echoes with a Royal salute. Even from below
the waters there was a contribution to the general
acclaim. It so happened that a few days previous,
preparations had been made for blasting a sunken rock
on one side of the deep channel in the Narrows, and
the moment fixed upon for firing the charge was that
immediately after the Prince passed the spot. The
plan was completely successful, and whUe the guns
were roaring and forming a high canopy of cloud
overhead, low down, more than twenty feet beneath the
surface of the waters, a shock was felt which made
those waters surge and bubble and hiss, as if striving
to articulate a rude good-bye.
451
CHAPTER XVI.
ECCLESIASTICAL.
Some account of the principal reHgious denominations
of the colony has entered into the general history of
the countiy as narrated in this work. But as the
religious element, especially in its sectional aspects,
has a large influence on the present condition of the
community, it is thought advisable to supply in a
special chapter some detaUs as to the rise and growth
of the various Christian bodies into which society in
Newfoundland is divided.
The history of the Church of England in New
foundland may be said to date from the reign of
Queen Elizabeth. In the efforts then made to colonise
the island, letters patent were granted to Sir Humphrey
Gilbert, constituting him the governor, and giving
him full and absolute sway over such colonists as
might be induced to settle there. The principal con
ditions that were imposed upon him were, that the
laws he enacted should be ' as neere as conveniently
may, agreeable to the forme of the laws and poUicy of
England,' and 'that they be not against the true
Christian faith or reHgion, now professed in the
Church of England.' This clause appears to indicate
G Q 2
452 HISTORY OF NEWFOUNDLAND.
the desire of the Queen and her advisers, to maintain the
authority of the Church in her newly peopled colonies,
so as to avoid the encroachments of Roman Catholicism
on the one hand, or the spread of Puritanism on the
other. Chancellor Bacon, in one of his earlier works,
makes the following remarks on the subject of the
church and the colonies: —
For the discipline of the Church in those parts it will be
necessary that it agree with that which is settled in England,
else it will make a schism and a rent in Christ's coat, which
should be seamless ; and to that purpose it will be fit that by
the king's supreme power in cases ecclesiastical within all
his dominions, they be subordinate under some bishop or
bishopric of this realm.
These words were written during the reign of
James L, and probably reflected the sentiments of the
Court on that subject.
From this period tiU the commencement of the
eighteenth century, very little was done for the
dissemination of Church of England principles in the
colony. The Society for the Propagation of the
Gospel in Foreign Parts was established in 1701, and
from its first published report it would appear that
at that date, although there were several English
Settlements in the colony, there was no public exercise
of religion, except at St. John's, where the congrega
tion was unable to ' subsist ' a minister. Accordingly
a Mr. Jackson was forthwith sent out by the society
at a stipend of 501. a year for three years, and a
benefaction of 301 probably in addition to what
his congregation could raise for his support. Soon
PROGRESS OF THE CHURCH OF ENGLAND. 453
afterwards a handsome church was bunt in St. John's.
This, however, was destroyed in 1705, and replaced
by a smaller one. These appear to have been the
first efforts at church building in the colony. In
the progress of years other missionaries were sent out
by a Propagation Society — a Mr. Jones being stationed
at Bonavista, and a Mr. Kilpatrick at Trinity Bay,
the inhabitants at the latter place promising to raise
an annual stipend of 301. towards his maintenance.
MeanwhUe, congregations were established in. various
parts of the island; amongst other places, at Great
Placentia, where Prince WUHam Hemy, after
wards WUHam IV., showed his attachment to the
reHgion of the State, by presenting the church with a
valuable set of communion vessels, when on a visit to
the place. This gift is stiU retained in the church
at Great Placentia.
At length a very important period arrived in the
history of the Episcopalian Church in Newfoundland.
In 1805, on the creation of the bishopric of Nova
Scotia — the first colonial see under the British Crown,
Newfoundland was annexed to its jurisdiction. Shortly
afterwards the bishop paid a visit (an account of
which has been given in a previous chapter) to the
colony, and was deeply impressed with the spiritual
destitution which he there discovered. There were
probably less than half a dozen clergymen of the
Church of England in the island. It was in con
sequence of earnest representations from several
quarters that in 1839 Newfoundland, with the
Bermudas, was detached from Nova Scotia, and
454 HISTORY OF NEWFOUNDLAND.
constituted a separate see, Dr. Spence, the Archdeacon
of the Bermudas, being consecrated the first bishop.
From this time the progress of the Church of England
in the colony has been marked with considerable
rapidity. Two years after his instaUation as bishop,
Dr. Spence wrote as follows : —
At my consecration to the see of Newfoundland I found
only eight clergymen of the Church of England in the whole
colony. The church itself was in a most disorganised and
desperate condition, the schools languishing, many of them
broken up, and all destitute of that spirit of unity and order
so essential to their real efficiency. He adds, ' I am very
thankful that I have been permitted within the short space
of two years to remedy some of these evils. Twenty-five
clergymen with readers and schoolmasters under them ;
Sunday Schools everywhere revived or originated ; a theo
logical seminary for future missionaries established at the
capital ; more than twenty new churches erected ; and the
extension and repair of many buildings already consecrated
to divine worship ; these are the means which, under the
divine blessing, I now possess for the propagation of the
gospel; and which I humbly trust may be blessed to the
success of His cause.
This was in 1842. Dr. Spencer, on his removal to
the see of Jamaica, in 1844, was succeeded by Dr.
Field, the present bishop of the colony. The follow
ing are the clerical statistics of the island for 1863 : —
The Right Rev. Edward Field, D.D,, Lord Bishop of
Newfoundland. The Ven. Henry Martin Lower, M.A.,
Archdeacon and Ecclesiastical Commissary.
Deanery of Avalon — Rev. Thomas M. "Wood, Rural Dean.
Number of clergymen, nine.
Deanery of Conception Bay — Rev. M. Blackmore, Rural
Dean. Number of clergymen, seven.
THE ROMAN CATHOLIC CHURCH. 455
Deanery of Trinity Bay — Rev. Benjamin Smith, Rural
Dean. Number of clergymen, nine.
Deanery of Notre Dame Bay — Rev. Thomas Boone,
Rural Dean. Number of clergymen, four.
Deanery of Placentia Bay — Number of clergymen, three.
Deanery of Fortune Bay — Rev. William K. White, Rural
Dean. Number of clergymen, seven.
Labrador. Number of clergymen, two.*
Pretty considerable reference has been made in the
general narrative to the Roman Catholic portion of
the community, the disabilities to which it was sub
jected at an early period, and the influence which it
has exerted on the social and political affairs of the
colony. For the following detailed account of the pro
gress of the Church and its present state, the author is
indebted to the kindness of the Right Rev. Dr. MuUock,
the bishop of the diocese of St. John's, to whom
he would express his grateful sense of obligation.
' The first Catholic estabhshment in the island was
' English in its origin, and was made in Ferryland in
'1623 by Sir George Calvert. Shortly afterwards
' the RecoUet French Franciscans, who commenced
' their labours in Canada in 1615, came to Newfound-
' land, as they were obliged to supply chaplains to aU
' the French ships of war and to forts manned by over
' forty men. In 1689 Monseigneur de S. ValHer, the
' second Bishop of Quebec, paid a visit to Placentia,
* For the information in the text relating to the Established
Church in the colony, the author is indebted to the courtesy of
Dr. Field, Bishop of Newfoundland, who kindly gave him a
letter of introduction to the Secretary of the Society for the
Propagation of the Gospel.
456 HISTORY OF NEWFOUNDLAND.
taking with him several priests from the Franciscan
convent in Quebec. A church or chapel already
existed in the town, and was now placed under the
care of the Recollets of Quebec, and the Bishop, in
his pastoral letter to Father Seraphin Gourgica, the
Superior of the convent in Quebec, promises to
obtain the royal license for the establishment of the
convent of Franciscans in Placentia.* Accordingly,
in 1G92, a royal decree to this effect was published by
Louis XIV. of France, giving also the license of
foundation of convents in aU parts of Canada, Island
of St. Peter's, and Newfoundland, signed " Louis,"
and countersigned " PhiHppean."
' We have no record of the names of the priests
located in the island during the French dominion ;
for although Hberty for the exercise of the Catholic
religion was granted after the conquest, and was
openly exercised, stUl when the French retired, the
parish books or archives were probably taken to
France, and from that period tUl 1784 the Catholic
religion was not tolerated in the country. Priests
occasionally visited Newfoundland in disguise, gene
raUy from Waterford — you already know at what
risk. We have no account even of their names, nor
any register of baptisms or marriages, if any were
celebrated by them. In 1784 the Church was pub-
Hcly organised, and Dr. O'Donnel, born in Knock-
lofty, in Tipperary, a member of the Franciscan
order, was sent out here as Prefect .ApostoHc by
* Archiepiscopal Archives of Quebec.
PROGRESS OF ROMAN CATHOLIC MISSIONS. 457
Pope Pius VI. In 1796 he was appointed Vicar
Apostolic and Bishop, with a title inpartibus infide-
lium of Thyatira, and consecrated in Quebec. In
1807 he left . the island, and died in Waterford in
1811, in the 74th year of his age. Dr. O'Donnel was
succeeded by Dr. Patrick Lambert, a Franciscan
priest, native of Wexford, in 1806. His episcopal
title was Bishop of Kytra in partibus. In 1817 Dr.
Thomas ScaUan, another Wexford Franciscan, suc
ceeded, under the title of Bishop of Drago, and died
in 1830. The next Bishop was Michael Anthony
Fleming, appointed Bishop of Carpasia in 1829, also
a Franciscan, a native of Carrick-on-Suir, Ireland.
He died in 1850. In 1825 there were 60,088 inha
bitants, of whom 24,882 were Catholics. In 1847
Newfoundland was erected into a diocese, and in the
same year Dr. MuUock was appointed coadjutor
bishop. Dr. Mullock succeeded in 1850. The
cathedral was commenced by Dr. Fleming in May
1841, consecrated on September 9, 1855, and cost,
with the adjacent buddings, convents, coUege, resi
dence, over 120,000^. In 1848 there were twenty-
four priests in the island. In 1856, at the earnest
request of Dr. Mullock, Newfoundland was divided
into two dioceses — St. John's, comprising the south
ern part of the island, from Bay of Islands to Spani
ard's Bay ; and Harbour Grace, aU the northern
portion and Labrador. Dr. Dalton was appointed
Bishop of Harbour Grace. Newfoundland is at
present divided into three ecclesiastical districts —
the diocese of St. John's, diocese of Harbour Grace,
458 HISTORY OF NEWFOUNDLAND.
' and Prefecture Apostolic of St. Pierre's and Mique-
' Ion. The number of clergy in St. John's is twenty-
' nine, in Harbour Grace six, and in St. Pierre's three,
' of whom one is Prefect Apostolic. In this Prefecture
' there is a large convent of Sceurs de Charite, and
' there is also an estabhshment of Freres des Ecoles
' ChrStiens, both supported by the Imperial govern-
' ment of France, which also sends two priests
' annually to the French shore — one stationed at Le
' Seie and one at Le Concho — are also in operation in
' the island. In St. John's we have one coUege,
' twelve convents, and over fifty churches and chapels ;
' in Harbour Grace there are two convents and over
' fifteen churches and chapels; and the number of
' CathoHcs in Newfoundland in 1857 was 57,214.
' (Signed) -f- J. J. Mullock.
1 To the Rev. Charles Pedley.'
The foUowing account of the early history of Wes-
leyanism in the colony is compiled from a work pub
lished in 1776, by the Rev. L. Coughlan, ' late Mis
sionary of the Society for the Propagation of the
Gospel,' and is given in the spirit, and sometimes in
the very words, of that narrative. For the later notices
relating to the Wesleyan Church, the author is in
debted to materials kindly supplied by the Rev. G.
Botterell, chairman of the Newfoundland district.
About the period when the great religious revival of
the eighteenth century, under Whitfield and Wesley,
was agitating the mother country, a missionary of the
Society for Propagating the Gospel in Foreign Parts,
PROGRESS OF WESLEYAN METHODISM. 459
Mr. Coughlan by name, was pursuing his labours in
the district of Conception Bay. Here he found great
cause for discouragement. The settlers were too en
grossed in their industrial occupations to attend to
religion, though not to prevent them from indulging
in almost every species of vice, of which drunkenness
and profanity were the principal.
Having laboured for several years without any evi
dence of success, the missionary was on the point of
retiring from the island in despair, and seeking a
fresh sphere of usefulness. Suddenly, and without
any apparent cause, the whole of that part of the
colony became moved by the same religious pheno
mena as were then prevalent in Great Britain. There
was a general desire to hear the Word of God.
People came twenty mUes over the mountains, and
across the bay, to hear Mr. Coughlan preach ; and in
a very short space of time three new wooden churches
were built, and as many congregations gathered, over
which he was urged to take the pastoral oversight.
During the religious services the listeners could not
maintain their usual decorum, but cried aloud in their
agony, or gave vent to the most vehement ascriptions of
praise to God for spiritual deliverance. At last perse
cution set in, and many of the merchants and wealthier
inhabitants determined, if possible, to root the new
doctrine, as they caUed it, out of the land. For
this purpose they firstraised a report that Mr. Coughlan
was mad, and even cited him before the Court of
Judicature for sundry offences, aU of which he dis
proved. Failing thus to drive him from the island
460 HISTORY OF NEWFOUNDLAND.
they withdrew their subscriptions to the church at
Harbour Grace, but the poorer people flocked in with
their smaU but willing contributions, and thus this
singular work triumphed over eveiy obstacle. After
some years Mr. Coughlan returned to England and
became the minister of Cumberland Street Chapel,
London, where he published his work, dedicating it
to the Countess of Huntingdon.
In 1786 the new society, founded under the Rev.
John Wesley, sent three missionaries to the colony —
John Mc Geary, John Clark, and W. Hammet. The
number of members actually enrolled during the
year is stated in the report of the period to have been
a hundred, but admission to membership was strict,
and it is probable the regular attendants upon the
Wesleyan services numbered several times that
amount. In 1796 the minutes of Conference give
the name of only one missionary as stationed in
the island, and state the number of members as
200. In 1806 there were two missionaries, and
508 members. In 1812 there were four Wesleyan
missionaries on the Island;* in 1829 twelve, and
1,147 members; and in the present year (1863) the
ministers of the Wesleyan Church are twenty-three
in number, and the communicants 3,198, whUst the
total number of persons in the colony, calling
themselves Wesleyans at the last census, was 20,229.
From this account it wiU be seen that Methodism in
Newfoundland, as in England, took its rise from a
* At this period there were not more than three clergymen of
the Church of England in the colony.
CONGREGATIONALISM AND PRESBYTERIANISM. 461
revival of religion within the Church of England,
that its promoters in the first instance thought rather
of saving souls than estabHshing a new sect ; and, on
the other hand, there can be no doubt that to Wesley-
anism the Protestant Churches of the colony are
deeply indebted as a principal agency by which
Protestantism stiU has its hold on the majority of the
people of the colony.
It has been mentioned in the body of this work that
in 1782 John Jones, dissenting minister at St. John's,
obtained permission from Governor Campbell to pursue
his work. This John Jones had been a soldier in the
artiUery, whose early life had been spent among the
Nonconformists in Wales. He speaks of himself as
having faUen into vicious courses, but, being in New
foundland, impressions made on his mind in his
childhood seem to have revived, and he became,
according to EvangeHcal phraseology, 'a converted
man,' anxious to do good amidst the irreligion which
he attests to have prevailed in Newfoundland. He
held meetmgs for prayer, which he got at first one or
two to attend, the number afterwards increasing.
At length he took courage to address to them a
word of exhortation, and subsequently, on his discharge
from his regiment, was ordained in England to be
minister of the dissenting church in St. John's. This
was in 1779, the church having been formed under
his own auspices in 1775. He and the little com
munity over which he presided met at first with much
opposition from the authorities. In the church book,
which is still preserved, there is a minute stating that
4G2 HISTORY OF NEWFOUNDLAND.
a governor had arrived who declared that he would
pull the building down stick and stone — to which
record the pastor adds, ' But the Lord soon put a
hook in his nose, and led him back the way which
he came.' Mr. Jones died in 1800. The church
over which he presided still exists, isolated, but
composed of a respectable congregation. Owing to the
Congregational body having no central organisation
for the spread of their Church system and principles,
Congregationalism in Newfoundland did not extend
formally beyond St. John's; but members of that
church, in the absence of any opportunity of dif
fusing their own ecclesiastical principles, Hberally
contributed in aid of missionaries of the Wesleyan
Church. In 1842 the Scotch members of the congregation
united, and formed themselves into a separate body
of Presbyterians, in connection with the Established
Kirk of Scotland, and erected a handsome wooden
church, which was opened in December 1843.
On the occasion of the disruption in the Church
of Scotland, a portion of the St. Andrew's Church, in
St. John's, withdrew, and laid the foundation of a
Free St. Andrew's Church, which was opened in 1850.
There is also a Free Church in Harbour Grace.
APPENDIX.
465
APPENDIX I.
EXTRACTS FROM ' CAPTAINE RICHARD WHITBOVRNES DISCOVRSE
AND DISCOUERY OP NEVVFOVND-LAUND — IMPRINTED AT
LONDON, 1622.'
'In a voyage to that countrey about 36 yeeres since
I had then the command of a worthy ship of 220 tun set
foorth by one Master Crooke of Soutk-hampton, At that
time Sir Humfrey Gilbert a Deuonshire Knight, came thither
with two good ships and a pinnace, and brought with him a
large patent from the late most renowned Queene Elizabeth,
and in her name tooke possession of that countrey in the
harbour of S. Iohn's, whereof I was an eye witnesse, He
sailed from thence towards Virginia; and by reason of some
vnhappy direction in his course, the greatest ship he had
strucke vpon shelues, on that coast of Canadie and was there
lost, with most part of the company in her : And hee him-
selfe being then in a small pinnace of 20 tun in the
company of his Vice Admirall (one Captaine Hayes) return
ing towards England, in a great storme was overwhelmed
with the seas and so perished ' (Preface).
' The naturall inhabitants of the countrey, as they are but
few in number, so are they something rude and sauage
people ; having neither knowledge of God, nor liuing vnder
any kinde of ciuill gouernment, In thier habits customes and
manners, they resemble the Indians of the Continent from
whence (I suppose) they come ; they liue altogether in the
north and west part of the countrey, which is seldome
frequented by the English : But the French and Bescaines
H H
466 HISTORY OF NEWFOUNDLAND.
(who resort thither yeerely for the whale-fishing and also for
the cod-fish) report them to be an ingenious and tractable
people, (being well vsed) they are ready to assist them with
great labor and patience, in the killing, cutting, and boyling
of whales ; and making the traineoyle, without expectation
of other reward, than a Httle bread or some such small hire '
(P- 2>
' Then have you there faire straw-berries red and white,
and as faire raspasse-berries, and goose-berries, as there bee
in England as also multitudes of bilberries, which are called
by some whortes, & many other delicate berries (which I
cannot name) in great abundance
' There are also many other fruits, as small peares, cherries,
filberds &c And of those berries and fruits the store is
there so great, that the mariners of my ship and barke's
company, haue often gathered at once, more then halfe an
hogshead would hold, of which diuers times eating thier fill
I neuer heard of any man whose health was thereby im
paired ' There are also herbes for sallets & broth ; as parsley,
alexander sorrell &c And also flowers, as the red & white
damaske'rose, with other kinds; which are most beautifull
& delightfull both to the sight & smell
' And questionlesse the countrey is stored with many phy-
sicall herbs and roots, albeit thier vertues are not knowne,
because not sought after ; and yet within these few yeeres
many of our nation finding themselues ill, have bruised
some of the herbes and strained the iuyce into beere, wine,
or aqua-vita ; and so by God's assistance, after a few drink-
ings, it hath restored them to thier former health
' The Hke vertue it hath to cure a wound or swelling, either
by washing the grieued places with some of the herbes
boyled, or by applying them so thereunto (plaister-wise)
which I haue seene by often experience ' (pp. 6-7).
' What the reasons motiues and inducements are either of
honour profit or aduantage, which may iustly inuite your
Maiesty and all your good subiects, to take some speedy and
reall course for planting there, I will endeauour hereafter to
APPENDIX I. 467
show, For it is most certaine, that by a plantation there
and by that meanes onely, the poore mis-believing inhabi
tants of that countrey may be reduced from barbarisme, to
the knowledge of God, and the light of his truth ; and to a
ciuill and regular kinde of Hfe and gouernment
' This is a thing so apparant, that I neede not inforce it any
further, or labour to stirre up the charitie of Christians
therein, to giue thier furtherance towards a worke so pious,
euery man knowing that euen we ourselues were once as
blinde as they in the knowledge and worship of our Creator,
and as rude and sauage in our Hues and manners — Onely
thiss much will I adde, that it is not a thing impossible, but
that by meanes of those slender beginnings which may be
made in New-found-land, all the regions neere adioyning
thereunto may in time bee fitly conuerted to the true wor
ship of God
' Secondly, the vniting of a countrey so beneficiall already,
and so promising vnto your Maiesties kingdoms, without
either bloodshed charge or vsurpation must needes bee a
perpetuall honour to your Maiestie in all succeeding ages ;
and not so onely but also a great benefit and aduantage to
the state, by a new accesse of dominion. And what prince
or state can inlarge thier territories, by a more easie, and
more iust meanes than this ' (pp. 14-15).
'There are yeerely neere vnto the harbour of Eenouze
great store of deere seene ; and sometimes diuers of them
haue been taken. There is a man yet Huing, that was once
at New-found-land in a ship with me ; and he on one voyage
did there, neere vnto the harbour of Eenouze, kill 18, very
large & fat deere, as it is well knowne, yet he went with
his peece but seldome for that purpose, & would then haue
killed many more if hee might haue been spared from other
labour to attend thereon : whereby it may bee well vnder-
stood, that there is great store of deere's flesh in that
countrey, and no want of good fish, good fowle, good fresh
water, and store of wood &c. By which commodities people
may well Hue very pleasantly ' (p. 54).
'It is well knowne vnto all those that haue seen the
H H 2
468 HISTORY OF NEWFOUNDLAND.
countrey and obserued it, how the land is ouergrowne with
woods and bushes that haue growne, and so rotted into
the ground againe (in my opinion euer since the flood) the
rottenness therof hath so couered the earth, and rocks in
diuers places of the countrey in great thickness, and by
reason therof the open land and woods doe a long time in
summer containe a great moisture vnder the same so that a
man may obserue, when the heat of the yeere comes on, a
kinde of fogge arising continually from it — Therefore in my
opinion which I submit to deeper iudgements, if those vnne-
cessary bushes and such vnseruiceable woods were in some
places burned, so as the hot beames of the sunne might
pearce into the earth and stones there, so speedily as it doth
in some other countreys, that lye vnder the same eleuation
of the Pole, it would then there make such a reflection of
heate, that it would much lessen these fogges, and also make
the countrey muck the hotter winter and summer, and
thereby the earth wiH bud forth her blossoms and fruits
more timely in the yeere, then now it doth and so bring the
land more familiar to vs, and fitter for tillage, and for beasts
and also for land-fowle, then now it is ; and thereby those
ilands of ice that come on that coast at any time, will the
sooner dissolue, which doe speedily melt, when they come
neere the south part of that land ' &c. (pp. 58—59).
' I haue often (sailing towards the New-found-land) met
with some French ships comming from the banke so called,
deepe loden with fish, in the first of Aprill, who haue taken
the same there in Ianuary February and March, which are
the sharpest months in the yeere for storms and cruell
weather — To which banke may our nation (such as will
aduenture therein and doe great good in fishing) saile from
the New-found-land in the latter part of the summer, when
the fish begins to draw from that coast, as commonly it doth
when the winter comes on, I meane such shipping as are to
be imployed by whomsoever may vndertake to plant there,
and Hkewise any other ships that saile thither a fishing, as
now they vse to doe, who hauing disposed away such fish
and traineoyle as they take there in the summer time vnto
APPENDIX I. 469
merchants as vsually euery yeere some such as aduenture
thither haue done, they may then (salt being made there, as
it may bee fitly & cheaply) take in thereof a fit quantity,
and fresh water, wood, fresh fowles, great store, and other
victuall, and likewise a sufficient quantity of herrings, mac-
kerall, capeHng and lawnee, to bait thier hookes withall, for
taking of fish on the said banke : because such bait the
French-men are not able to haue, that saile purposely to fish
there, but are constrained to bait thier hookes with a part of
the same cod-fish which they take there wherewith they
loade thier ships ' (pp. 97-98).
' ' Such as shall be imployed in that voyage, may afterwards
spend thier time at thier homes merrily, vntill it bee
towards Aprill in euery yeere, which is timely enough to set
forth again in said voyages ' (p. 100).
' Now also I will not omit to relate something of a strange
creature which I first saw there in the yeere 1610 in a
morning early, as I was standing by the river-side in the
harbour of S. Iohn's, which very swiftly came swimming to
wards mee, looking cheerfully on my face, as it had been a
woman : by the face, eyes, nose, mouth, chin, eares necke
& forehead it seemed to bee so beautifull, and in those
parts so well proportioned, hauing round about the head
many blue streakes resembling haire, but certainly it was
no haire, yet I beheld it long, and another of my company
also yet liuing, that was not then farre from me saw the
same comming so swiftly towards mee : at which I stepped
backe ; for it was come within the length of a long pike,
supposing it would haue sprung aland to mee, because I had
often seene huge whales to spring a great height aboue the
water, as diuers other great fishes doe ; and so might this
strange creature doe to mee if I had stood still where I was,
as I verily belieue it had such a purpose. But when it saw
that I went from it, it did therevpon diue a little vnder the
water and swam towards the place where a Httle before I
landed, & it did often looke backe towards mee ; whereby
I beheld the shoulders & backe down to the middle to bee
so square, white & smoothe as the backe of a man ; and
470 HISTORY OF NEWFOUNDLAND.
from the middle to the hinder part it was poynting in pro
portion something like a broad hooked arrow : how it was
in the fore part from the neck & shoulders, I could not
well discerne ; but it came shortly after to a boat in the same
harbour (wherein one WilHam Hawkbridge then my seruant
man was) that hath been since a captaine in a ship to the
East Indies, & is lately there so imployed again; & the
same creature did put both his hands upon the side of the
boat ; whereat they were afraid, and one of them strucke it
a full blow on the head, whereby it fell off from them, and
afterward it came to two other boats in the same harbour,
where they lay by the shore the men in them for feare fled to
land and beheld it. This (I suppose) was a maremaid or
mareman. Now because diuers haue writ much of mare-
maids, I haue presumed to relate what is most certaine of
such a strange creature that was thus then seene at New
found-land, whether it were a maremaid or no I leave it for
others to iudge : And so referre you to the perusall of the
•copies of these letters following which haue been lately sent
from the New-found-land, which I doubt not but they will
also giue you some satisfaction of what I haue written of that
countrey whereby to bring you the more in loue to the
imbracing of a plantation in that countrey which may be
well styled a sister land: which God grant to blesse and
prosper ' &c. (pp. 4-5 of conclusion).
471
APPENDIX II.
king Charles's commission for the well-governing of his
subjects inhabiting newfoundland, or trafficking in
bays, creeks, or fresh rivers there.
' Charles, by the Grace of God, King of England, Scotland,
France, and Ireland, Defender of the Faith, and so forth, to
all to whom these presents shall come, greeting.
'Whereas the region or country, called Newfoundland,
hath been acquired to the dominion of our progenitors,
which we hold, and our people have many years resorted to
those parts, where, and on the coasts adjoining, they em
ployed themselves in fishing ; whereby a great number of
our people have been set on work, and the navigation and
mariners of our realm have been much increased ; and our
subjects resorting thither one by the other, and the natives
of those parts were orderly and gently entreated, until of late
some of our subjects of the realm of England planting them
selves in that country and there residing and inhabiting
have imagined that for wrongs or injuries done there, either
on the shore, or in the sea adjoining, they cannot be here
impeached ; and the rather for that we, or our progenitors,
have not hitherto given laws to the inhabitants there ; and,
by that example, our subjects resorting thither injure one
another and use all manner of excess, to the great hindrance
of the voyage and common damage of this realm ; for pre
venting such inconveniences hereafter, we do hereby declare
in what manner our people in Newfoundland and upon the
seas adjoining, and the bogs, creeks, and fresh rivers there,
472 HISTORY OF NEWFOUNDLAND.
shall be guided and governed ; and do make and ordain the
laws following in the things after specified, commanding that
the same be obeyed and put in execution.
' 1st. If any man on the land there shall kill another, or if
any shall secretly or forcibly steal the goods of any other in
the value of forty-shilHngs, he shall be forthwith apprehended
and arrested, detained, and brought prisoner into England,
and the crime committed by him shall be made known to
the Earl Marshal of England for the time being, to whom
the deHnquent shall be deHvered as prisoner ; and the said
Earl Marshall shall take cognizance of the cause ; and if he
shall find by the testimony of two witnesses or more that the
party had there killed a man (not being at that time first
assaulted by the party slain, or that the kilHng were by
misadventure) or that he had stolen such goods, the delin
quent shall suffer death, and all the company shall endeavour
to apprehend such malefactor.
' 2nd. That no ballast, prestones, or anything else hurtful
to the harbours, be thrown out to the prejudice of the said
harbours ; but that it be carried on shore and laid where it
may not do annoyance.
' 3rd. That no person whatever, either fisherman or inhab
itant, do destroy, deface or any way work any spoil or detri
ment to any stage, cook-room, flakes, spikes, nails or anything
else that belongeth to the stages whatsoever, either at the
end of the voyage, when he hath done and is to depart the
country, or to any such stages as he shall fall withal at his
coming into the country ; but that he or they content them
selves with such stage or stages only as shall be needful for
them ; and that, for the repairing of such stages as he or
they take, they shall fetch timber out of the woods, and not
do it with the ruining or tearing of other stages.
' 4th. That, according to the ancient custom, every ship
or fisher that first entereth a harbour in behalf of the ship,
be Admiral of the said harbour, wherein, for the time being,
he shall receive only so much beach and flakes, or both, as is
needful for the number of boats that he shall use, with an
overplus only for one boat more than he needeth, as a privi-
APPENDIX II. 473
lege for his first coming ; and that every ship coming after
content himself with what he shall have necessary use for,
without keeping or detaining any more to the prejudice of
others next coming'; and that any that are possessed of several
places in several harbours shall be bound to resolve upon
which of them they choose, and to send advice to such after-
comers in those places, as expect their resolution, and that
within eight and forty hours, if the weather so serve, in order
that the said after-comers may likewise choose their places,
and so none receive prejudice by others' delay.
' 5th. That no person cut out, deface, or any way alter or
change the marks of any boats or train-fats, whereby to
defraud the right owners ; and that no person convert to his
own use the said boats or train-fats so belonging to others,
without their consents ; nor remove, nor take them from the
places where they be left by the owners, except in case of
necessity, and then to give notice thereof to the Admiral and
others, whereby the right owners may know what is become
of them.
' 6th. That no person do diminish, take away, purloin, or
steal any fish, or train, or salt which is put in casks, train-fats,
or cook-room or other house, in any of the harbours or fishings
places of the country, or any other provision belonging to
the fishing trade, or to the ships.
' 7th. That no person set fire in any of the woods of the
country, or work any detriment or destruction to the same,
by rinding of the trees, either for the seaHng of ships' holds
or for rooms on shore, or for any other uses, except for the
covering of the roofs for cook-rooms to dress their meat in,
and these rooms not to extend above sixteen feet in length
at the most.
' 8th. That no man cast anchor or aught else hurtful, which
may breed annoyance, or hinder the haling of seines for bait
in places accustomed thereunto.
' 9th. That no person rob the nets of others out of any drift,
boat, or drover for bait, by night ; nor take away any bait
out of their fishing-boats by their ships' sides, nor rob or
steal any of their nets or any part thereof.
474 HISTORY OF NEWFOUNDLAND.
' 10th. That no person do set up any tavern for selHng of
wine, beer, or strong waters, cyder, or tobacco, to entertain
the fishermen ; because it is found that by such means they
are debauched, neglecting their labour, and poor ill-governed
men not only spend most part of their shares before they
come home upon which the Hfe and maintenance of their
wives and children depend, but are likewise hurtful in divers
other ways, as, by neglecting and making themselves unfit for
their labour, by purloining and steaHng from their owners,
and making unlawful shifts to supply their disorders, which
disorders they frequently follow since these occasions have
presented themselves.
' Lastly. That upon the Sundays the company assemble
in meet places, and have divine service to be said by some of
the masters of the ships, or some others ; which prayers shall
be such as are in the Book of Common Prayer.
' And because that speedy punishment may be inflicted
upon the offenders against these laws and constitutions, we do
ordain that every of the mayors of Southampton, Weymouth,
and Melcombe-Eegis, Lynn, Plymouth, Dartmouth, East
Low, Foye, and Barnstable, for the time being may take
cognizance of all complaints made against any offender
against any of these ordinances upon the land, and, by oath
of witnesses, examine the truth thereof, award amends to
the parties grieved, and punish the deHnquents by fine and
imprisonment, or either of them, or of their goods found in
the parts of Newfoundland, or on the sea, cause satisfaction
thereof to be made, by warrants under their hands and seals.
And the Vice-Admirals in our counties of Southampton,
Dorset, Devon, and CornwaU, upon complaint made of any of
the premises committed upon the sea, shall speedily and
effectually proceed against the offenders.
' Also, we will and ordain, that these laws and ordinances
shall stand in force, and be put in due execution until we
shall otherwise provide and ordain ; and we do require the
Admirals in every harbour in this next season ensuing
calHng together such as shall be in that harbour pubHcly to
APPENDIX II. 475
proclaim these presents, and that they also proclaim the same
on shore.
' In witness whereof, we have caused these our letters to be
made patent.
'Witness ourself at Westminster, the 10th day of Feb
ruary, in the ninth year of our reign.' God save the King. 'Willys.'
476 HISTORY OF NEWFOUNDLAND.
APPENDIX III.
By permission of Her Majesty's Colonial Secretary — the
author was permitted to inspect the original of the following
letter in the PubHc Eecord Office of the United Kingdom.
St. John's, Newfoundland: July 2, 1800.
Sir, — I am sorry to inform you, that a spirit of disaffection
to our Government has manifested itself here last winter and
in the spring. The first symptoms made their appearance
about the latter end of February, by some anonymous papers
pos.ted up in the night, threatening the persons and property
of the magistrates, if they persisted in enforcing a proclama
tion they had published, respecting hogs going at large,
contrary to a presentment of the grand jury. We advertised
a hundred guineas reward for the discovery of the author or
authors, and the inhabitants viewing it in a very proper light,
as the commencement of anarchy and confusion, and destruc
tion of all order, handsomely came forward in support of
the magistrates, and offered two hundred guineas more, but I
am sorry to say without effect. The next step, still more
alarming, was a combination of between forty and fifty of the
Eoyal Newfoundland Regiment, to desert with their arms,
with a declared intention, as appeared by a letter left behind
them, of putting every person to death who should attempt
to oppose them. This they put in execution on the night of
the 24th April. Their place of rendezvous was the powder
shed, back of Fort Townshend, at 11 at night, but were not
joined in time from Fort Townshend or Fort WilHam. We
know not the reason why the party from Fort Townshend did
APPENDIX III. 477
not join them, but at Fort William Colonel Skinner happened
to have a party at his house very late that night, preventing
the possibiHty of their going out unperceived at the appointed
hour, and the alarm being made at Signal Hill for those who
quitted that post, the plot was blown, when only nineteen
were met, who immediately set off for the woods, but from
the vigilance and activity used in their pursuit, in about ten
days or a fortnight, sixteen of them were taken, two or three
of whom informed against the others, and impHcated upwards
of twenty more, who had not only agreed to desert, but had
also taken the oaths of United Irishmen, administered by an
arch-villain Murphy, who belonged to the regiment, and one
of the deserters, who with a Sergeant Kelly, and a private,
have not as yet been taken. We do not know, nor was it
possible to ascertain, how far this defection and the united
oaths extended through the regiment. General Skerret
ordered a general Court-Martial upon twelve of those taken,
five of whom were sentenced to be hanged, and seven to be
shot; the former were executed on a gallows erected upon
the spot where they met at the powder shed, the other seven
were sent to HaHfax, to be further dealt with as His Eoyal
Highness should think proper, those also impHcated by the
king's evidence were sent in irons to HaHfax ; and the Duke
of Kent has at length removed all the regiment, except two
companies of picked men, to head quarters, and has relieved
them by the whole of the 66th Eegiment, who are now here.
Various have been the reports on this business ; the town to the
amount of 2, 3, or 400 men mentioned as privy or concerned
in this business, and of acting in concert with them, at
least so far as to destroy, plunder, and set off for the States, but
no names have been particularly mentioned, so as to bring
the proof home. In fact, we were at one time in such a
situation, as to render the poHcy of acting very doubtful,
until more force should arrive, as we knew not who we could
depend upon for support in case of resistance, having every
reason to beHeve the defection was very extensive, not only
through the regiment, but through the inhabitants of this
and all the out harbours, particularly to the southward, almost
478 HISTORY OF NEWFOUNDLAND.
to a man have taken the United Oaths, which is ' to be true
to the old cause, and to follow their heads of whatsoever
denomination.' Although those heads are not to be known
to them till the moment a plan is to be put in action, all
this one of the evidences has declared originated from letters
received from Ireland. Although a United Irishman, he was
yet but a novice, and was not so far let into the secret as to
know who the letters were addressed to, or who from.
Although we are at present without any immediate appre
hension of danger, we have no reason to suppose their dis
positions have changed, or that their plans of plunder,
burnings, &c, are given up, but only waiting a proper op
portunity to break forth. The most probable time for such
an event would be towards the close of the winter, when the
ships of war are absent, the peaceable and well-disposed part
of the community off their guard, and no possibility of
succour for two or three months, or of even conveying intel
ligence of our situation. If such has been their plan, of which
here is little room left for doubt, though I beUeve more for
motives of plunder than of conquest, either of which would
be equally destructive, it would be absurd to suppose it
might not take place again — I should therefore imagine
it behoves Government not to risk another winter without
obviating its possible effect ; and I am firmly of opinion, after
taking the whole of what has passed into view, that the
security of the trade and fishery, nay, the security and salva
tion of the island itself will entirely depend upon a proper
military force at this place with sufficient strength to afford
small detachments to some of the out harbours to the south
ward to watch their motions, and assist the magistrates when
necessary. This force to render security effectual cannot be
less than 800 or 1,000 men, particularly while Ireland is in
such a state of ferment as it has been and is likely to con
tinue till the business of the Union is settled, for the events
of Ireland have heretofore and will in a great measure govern
the sentiments and actions of the far greater majority of the
people in this country.
I omitted observing that the regiment nowhere (the 66th)
APPENDIX III. 479
have but little more than half their complement of men, and
are mostly composed of drafts from the Irish Brigade sent
three or four years ago to HaHfax, of course not so well
adapted for the protection required, as a full and complete
regiment from England, staunch and well-affected.
I have thus ventured to offer my opinion upon the pubhc
situation of affairs in this island, and have only to regret in
common with the real well-wishers to its prosperity, that by
the triennial mode of appointing governors we are to be
deprived of the aid of your influence and counsel, at a time
when from your real knowledge of the island and its internal
affairs, they might be of such essential service.
I have the honour to be, &c. J. Ogden.
To the Hon. Vice-Admiral Waldegrave, &o. &c. &c.
480 HISTORY OF NEWFOUNDLAND.
APPENDIX IV.
SUBSTANCE OF THE NARRATIVE OF WILLIAM CULL, OF FOGO,
WHO WAS EMPLOYED BY GOVERNOR HOLLOWAY TO OBTAIN
INFORMATION OF THE NATIVE INDIANS OF NEWFOUNDLAND.
On January 1, 1810, WilHam Cull, John Cull, Joseph
Mew, John Waddy, William Waddy, Thomas Lewis, James
Foster, and two of the Mic-Mac Indians, set out upon the
river Exploits, then frozen over, in quest of the residence of
the native Indians, in the interior of the country. On the
fourth day, having travelled about sixty miles, they disco
vered a building on the bank of the river, about forty or fifty
feet long and nearly as wide. It was constructed of wood,
and covered with rinds of trees, and skins of deer. In this
building they found, in quantity, about one hundred deer,
some part of which from its extreme fatness, must have been
obtained early in the fall. The fat venison was in junks,
entirely divested of bone, and stowed in boxes made of birch
and spruce rinds, each box containing about two hundred
weight. The tongues and hearts of the deer were stowed in
the middle of the package. The lean venison, or that more
recently killed, was in quarters and stowed in bulk, some
part of it, with the skin on. In this storehouse they saw
three lids of tin tea-kettles, which WilHam Cull beHeves to be
the same given by Governor Gambier to the old Indian
woman taken in the second year of his government. They
also found several marten, beaver, and deer skins, some of
which were dressed after the fashion of our own furriers.
On the opposite bank of the river stood a second storehouse,
APPENDIX IV. 481
considerably larger than the former, but they did not exa
mine it, the ice being broken and the passage across at
tended with some risk. They believe the width of the
Exploits in this place to be nearly two hundred yards. In
exchange for three small beaver-skins, and nine martens', they
left one pair of swanskin trowsers, one pair of yarn stockings,
three cotton handkerchiefs, three clasped knives, two hat
chets, some small bits of printed cotton, needles, pins, thread
and twine. They saw two of the natives on their way to
this storehouse, but unfortunately they discovered the party
and retired. The two storehouses above mentioned, are
opposite to each other, and from the margin of the river on
each side, there extended for some miles into the country a
high fence for the purpose of leading the deer to the river as
these animals travel south or north.* Along the margin of
the river in the neighbourhood of these storehouses were
erected extensive fences on each side, in order to prevent the
deer, when they had taken the water from landing. It
appears that as soon as a company of deer, few or many,
enter the river in order to pass south or north, the Indians,
who are upon the watch, launch their canoes, and the parallel
fences preventing the re-landing of the deer, they fall an
easy prey to their pursuers, and the buildings above men
tioned are depots for their reception. From these store
houses the Indians occasionally draw their suppHes in the
winter. Cull and his companions conjecture that the residence
of the Indians could not be very remote from these magazines,
but want of bread, and some difference of opinion among
the party, prevented them from exploring further.
* In the fall, and in the beginning of winter, the deer travel south, and in
the spring they return to the north.
I I
432 HISTORY OF NEWFOUNDLAND.
APPENDIX V.
EXTRACTS FROM THE NARRATIVE OF CAPTAIN BUCHAN S JOURNEY
UP THE RIVER EXPLOITS, IN SEARCH OF THE NATIVE
INDIANS, IN THE WINTER OF 1810-1811.
Jan. 12, 1811. — On the eve of this date my arrangements
were closed, and every necessary preparation made to ad-
Vance into the interior, for the purpose of endeavouring to
accompHsh the grand object of your orders, relative to the
native Indians of this island. For this service I employed
WilHam Cull and Matthew Hughter, as guides, attended by
twenty-three men and a boy of the crew of his Majesty's
schooner, and Thomas Taylor, a man in Mr. Miller's employ,
and well acquainted with this part of the country.
Jan. 13. — Wind NW., blowing strong; at 7 a.m. com
menced our march ; in crossing the arm from the schooner
to Little Peter's Point, which is two miles, we found it
extremely cold, with the snow drifting and the sledges
heavy to haul from the sloppiness of the ice, but having
rounded the Point we became sheltered from the wind
Until reaching Wigwam Point, which is two miles further
up on the north side; here the river turns to the north
ward ; a mile further on is Mr. Miller's upper salmon station ;
the winter crew have their house on the south shore. 3 p. m.,
have reached the remains of a house occupied by WilHam
Cull last winter ; we put up for the night, our distance made
good being but eight miles in as many hours travelling.
The night proved so intensely cold, with light snow at times,
that none of our party could refresh themselves with sleep.
APPENDIX V. 483
Jan. 14. — Wind NW., with sharp piercing weather.
Eenewed our journey with the dawn, not sorry to leave a
place in which we had passed so intolerable a night ; having
proceeded on two miles, we came to the Nutt Islands, four
in number, situated in the middle of that river; a mile
above these is the first rattle or small waterfall ; as far as
the eye could discern up the river, nothing but ridgy ice
appeared ; its aspect almost precluded the possibility of con
veying the sledges along; determined to surmount all
practical difficulties, I proceeded on with the guides to choose
among the excavations those most favourable. 2>\ P. M., put
up on the north side, and fenced round the fireplace for
shelter. This day's laborious journey I compute to be seven
miles ; the crew from excessive fatigue, and the night some
what milder than last, had some sleep. Left a cask, with
bread, pork, cocoa, and sugar for two days.
Jan. 15. — Blowing fresh from WNW. to NNW. with
snow at times ; the river winding from W. to NW. At
3 p. m. stopped on the north bank for the night, one mile
above the Battling Brook which empties itself into this
river ; on the south side, on the western bank of its entrance,
we discovered a house which I observed to be one that be
longed to the Canadians who had resided at Wigwam Point.
This day's journey exhibited the same difficulties as yester
day, having frequently to advance a party to cut and level
in some degree the ridges, to admit the sledges to pass from
one gulf to another, and to fill up the hollows to prevent
them from being precipitated so violently as to be dashed to
pieces ; but notwithstanding the utmost care, the lashings,
from the constant friction, frequently gave Way, and in the
evening most of the sledges had to undergo some repair and
fresh packing. Fenced the fireplace in : at supper the
people appeared in good spirits ; the weather being milder,
fatigue produced a tolerable night's rest. This day's distance
is estimated to be seven miles.
Jan. 16. — Strong breezes from NNW. with sharp frost.
Began our journey with the day; several sledges gave way,
which delayed us a considerable time ; at 1 1 a. m. discovered
i i 2
484 HISTORY OF NEWFOUNDLAND.
two old wigwams on the north bank of the river ; although
they did not appear to have been lately inhabited, yet there
were some indications of the natives having been here this
fall. 2\ p. M., having reached the lower extremity of the
great waterfall, we put up on the north side; while the
party were preparing a fire and fence, I proceeded on with
Cull and Taylor, in search of an Indian path through which
they convey their canoes into the river above the overfall.
Taylor, not having been here for many years, had lost all
recollection where to find it ; after a tedious search we for
tunately fell in with it ; there were evident signs of their
having passed this way lately, but not seemingly in any
numbers. Evening advancing, we retraced our steps, and
reached our fireplace with the close of day. The night
proved more mild than any hitherto, and our rest propor-
tionably better ; here I left bread, pork, cocoa, and sugar for
two days, and four gallons of rum.
Jan. 17. — South-westerly winds, with sleet, and raw cold
weather. Began this day's route by conducting the sledges
in a winding direction amongst high rocks, forming the
lower extremity of the waterfall; having proceeded half a
mile, we had to unload and parbuckle the casks over a per
pendicular neck of land, which, projecting into the rapid,
prevented the ice attaching to its verge ; having reloaded on
the opposite side, and turned the margin of coves for a third
of a mile, we arrived at the foot of a steep bank, where
commenced the Indian path ; here it was also necessary to
unload. Leaving the party to convey the things up the bank,
I went on, with Cull and Taylor, to discover the farther end
of the path ; having come to a marsh it was difficult again to
trace it ; at length we reached the river above the overfall,
its whole extent being one mile and a quarter ; having gone
on two miles beyond this, we returned. At noon the wind
having veered to the SE., it came on to rain heavily;
sent a division on to the farther end of the path to prepare a
fire &c 3 p. M., all the light baggage and arms being con
veyed to the fireplace, the sledges were left for the night
half way in the path, so that after eight hours' fatigue, we
APPENDIX V. 485
had got little farther than one mile and a half; it continued
to rain hard until 9 p. m., when the wind had shifted round
to the westward and cleared up, the crew dried their clothes
and retired to rest.
Jan. 18th. — Wind WNW. and cold weather. Leaving the
party to bring on the sledges to the Indian Dock and to
repack them, I and the guide having advanced a mile, it
was found requisite to cut a path of a hundred yards to pass
over a point which the sledges could not round for want of
sufficient ice being attached to it. 10^ a.m., we now rounded
a bay, leaving several islands on our left; the travelling
pretty good, except in some places where the ice was very
narrow, and the water oozing over its surface. 2\ p.m., put
up in a cave on the north shore, as we should have been
unable to have reached before dark another place of good
fire-wood ; here the river forms a bay on either side, leaving
between them a space of nearly one mile and a half, in which
stood several islands ; from the overfall up to these, the river
in its centre. Having given directions for a fireplace to be
fenced in, and the sledges requiring to be repaired, Cull
and myself went on two miles to Eushy Pond Marsh, where
he had been last winter ; two wigwams were removed which
he stated to have been there ; the trees leading from the
river to the marsh were marked, and in some places a fence
thrown up; the bushes in a particular line of direction
through a long extent of marsh had wisps of birch bark
suspended to them by salmon twine, so placed as to direct
the deer down to the river; we killed two partridges and
retired to the party by an inland route; we reckon the
distance from the Indian Dock to this resting-place to be
six miles.
Jan. 19. — Westerly wind and moderate, but very cold.
Most of this day's travelling smooth, with dead snow, the
sledges consequently hauled heavy ; having winded for two
miles amongst rough ice to gain, a green wood on the south
shore, that on the north being entirely burnt down, we put
up at 4 p.m. a little way in on the bank of a brook where we
deposited a cask with bread, pork, cocoa, and sugar for two
486 HISTORY OF NEWFOUNDLAND.
days. In all this day's route the river was totally frozen
over ; we passed several islands : saw a fox and killed a
partridge; estimated distance ten miles; rested tolerably
during the night.
Jan. 25. — Wind WNW. and cold. Eenewed our jaunt
with the first appearance of day; at first setting out the
sledges, in passing over a mile of sharp pointed ice, broke two
of them ; repairing and packing delayed some time. At
noon the sun warm and a fine clear sky. 4 p.m., halted on an
island situated two miles above Badger Bay Brook, which
falls into this ; on the north side it appears wide, with an
island in its entrance, and the remains of a wigwam on it.
From this brook upwards, as also on the opposite side of the
river, are fences for several miles, and one Hkewise extended
in a westerly direction through the island on which we halted,
and is calculated to be twelve miles from the last sleeping-
place, and twenty-seven miles from the Indian Dock : Hodge's
Hills bearing from this ESE.
Jan. 21. — -Wind westerly, with bleak weather. At dawn
proceeded on. At noon several difficulties presented them
selves in crossing a track of shelvy ice, intersected with deep
and wide rents, occasioned by a waterfall : the sledges were,
however, got over them, as also some steeps on the north
bank. Having ascended the waterfall, found the river open
and placid, with ice sufficient on the edge of its banks to
admit the sledges. At 3ip.M. put up for the night, and
fenced in the fireplace. This day's distance is estimated at
eleven miles. From the waterfall upwards, on either side
of the river where the natural bank would have been insuffi
cient, fences were thrown up to prevent the deer from landing,
after taking to the water, by gaps left open for that purpose.
Deposited a cask with bread, pork, cocoa, and sugar, for
two days.
Jan. 22. — SW. winds with mild hazy weather. Having
advanced two miles on the south side, found a storehouse :
WilHam Cull stated that no such house was here last winter ;
it appeared newly erected, and its form circular, and covered
round with deer-skins, and some carcases left a Httle way
APPENDIX V. 487
from it ; two poles were stuck in the ice close to the water,
as if canoes had lately been there: four miles from this,
passed an island, and rounded a bay ; two miles beyond its
western extremity, on a projecting rock, were placed several
stags' horns. William Cull now informed me that it was at
this place he had examined the storehouses (mentioned in
his narrative), but now no vestige of them appeared : there
was, however, ample room cleared of wood for such a building
as is described to have stood, and at a few hundred yards off
was the frame of a wigwam still standing ; close to this was
a deer-skin hanging to a tree, and further on a trope with
name of ' Eousell the Eousells live in Sops Arm and in Hew
Bay ; ' on the south bank, a Httle lower down, also stood the
remains of a wigwam, close to which Cull pointed out the
other store to have been a quarter of a mile below on the
same side; a river, considerable in appearance, emptied
itself into this ; directly against its entrance stands an island
well wooded. We continued on four miles, and then the
party stopped for the night. Cull accompanied me two miles
further and returned at sunset. During this day's journey at
intervals we could discern a track which bore the appearance
of a man's foot going upwards. Our distances made good
to-day we allow to be twelve miles, and the river open from
the last overfall with scarcely enough of ice attached to the
bank to admit the sledges to pass on, and there are banks
and fences in such places as the natives find necessary to
obstruct the landing of the deer, some of these extending
two or three miles, others striking inland ; divided the party
into three watches, those on guard under arms during the
night. Jan. 23. — Wind westerly, with cold weather. At day
light renewed our journey: the river now shoaled and ran
rapid ; I wished to have forded it, conceiving that the Indians
inhabited the other side; but found it impracticable. At
10 a.m., having advanced six miles, and seeing the impossi
bility of proceeding further with the sledges, divided the
party, leaving one half to take care of the stores, whilst
the other accompanied me, and taking with us four days
488 HISTORY OF NEWFOUNDLAND.
provisions, we renewed our route. The river now winded more
northerly ; having proceeded on about four miles, we observed
on the south side a path in the snow, where a canoe had
evidently been hauled across to get above a rattle, this being
the only sure indication that we had discovered of their
having passed upwards ; from the store on the south side the
river narrowed, ran irregular, and diminished in depth very
considerably ; having passed several small rivers on this side,
we came abreast of an island, opposite to which, on the south
side, was a path in the snow from the water, ascending a
bank where the trees were very recently cut, clearly evincing
the residence of natives to be near ; but it being impossible
to ford the river at this place, we continued on, but had not
gone more than a mile, when opening a point, an expansive
view struck the eye — an immense pond extending nearly in a
NE. and SW. direction, and its surface a smooth sheet of
ice ; we saw tracks, but could not be certain whether of deer
or men. We had lost for some miles the trace seen
yesterday ; on approaching the pond, discovered on its NW.
side two bodies in motion, but were uncertain if men or
quadrupeds, it being nearly three o'clock. I drew the party
suddenly into the wood to prevent discovery, and directed
them to prepare a place for the night. I went on to recon
noitre : having skirted along the woods for nearly two miles,
we posted ourselves in a position to observe their motions ;
one gained ground considerably on the other : we continued
in doubt as to their being men until, just before losing
sight of them in the twilight, it was discernible that the
hindermost dragged a sledge. Nothing more could be done
until morning, as it would have been impossible to have
found their track in the dark ; observing on our return a
shovel in a bank of snow, we found that venison had been
dug out ; we, however, found a fine heart and liver ; this
made a good supper for the party, whom we did not rejoin
until dark. One third of the party were successively under
arms during the night, which proved excessively cold and
restless to all.
Jan. 24. —Wind NE. and intensely cold. Having refreshed
APPENDIX V. 489
ourselves with breakfast and a dram, at 4£ A.M. commenced
our march along the east shore with the utmost silence;
beyond the point from whence I had the last view of the two
natives, we fell in with a quantity of venison, in carcases and
quarters, close to which was a path into the wood. Conjec
turing that the Indians' habitations were here, we advanced
in, but found it to be an old one ; the party complained much
of the cold, and occasionally sheltered themselves under the
lee of the points ; it at length became necessary to cross the
pond in order to gain the track of their sledge ; this exposed
us entirely to the bitterness of the morning ; all complained
of excessive cold. With the first glimpse of morn, we reached
the wished-for track ; this led us along the western shore to
the NE., up to a point on which stood an old wigwam : then
struck athwart for the shore we had left : as the day opened
it was requisite to push forth with celerity to prevent being
seen, and to surprise the natives whilst asleep. Canoes were
soon descried, and shortly wigwams, two close to each other,
and the third a hundred yards from the former. Having
examined the arms, and charged my men to be prompt in
executing such orders as might be given, at the same time
strictly charging them to avoid every impropriety, and to be
especially guarded in their behaviour towards the women, .the
bank was now ascended with great alacrity and silence. Being
formed into three divisions, the wigwams were at once se
cured. On calling to them within and receiving no answer,
the skins which covered the entrance being removed, we beheld
a group of men, women, and children lying in the utmost
consternation ; they were some minutes without motion or
utterance. My grand object was now to remove their fears,
which was soon accomplished by our shaking hands and
showing every friendly disposition; the women embraced
me for my attention to their children ; from alarm they
became curious, and examined our dress with great attention
and surprise ; they kindled a fire and presented us with
venison steaks, and fat run into a solid cake, which they used
with lean meat. Everything promised the utmost cordiality :
knives, handkerchiefs, aud other little articles were given to
490 HISTORY OF NEWFOUNDLAND.
them, and they offered skins. I had to regret their language
not being known ; and the presents, at a distance of at least
twelve miles, caused me much embarrassment. I used my
utmost means to make them sensible of my wish for some
of them to accompany us to bring up things such as we
wore : this they seemed perfectly to comprehend. Three
hours and a half having been employed in conciHatory
endeavours, and every appearance of the greatest amity
existing between us, and considering a longer tarry useless
without the means of convincing them further of our friend
ship, giving them to understand that we were going, and
indicating our intimation to return, four of them signified
that they would accompany us. James Butler, corporal,
and Thomas Bouthland, private of marines, observing this,
requested to be left behind in order to repair their snow
shoes. Most of the party wished to be the individuals to
remain. I was induced to comply with the first lequest,
from a motive of showing the natives a mutual confidence,
and cautioning them to observe the utmost regularity of
conduct; at 10-J A.M., having again myself shook hands with
all the natives, and expressed in the best way I could my
intention to be with them in the morning, they expressed a
satisfaction on seeing that two of us were going to remain
with them, and we left them, accompanied by four of them.
On reaching the river head, two of the Indians struck into
our last night's fireplace. One of these I considered to be
their chief. Finding nothing here for him, he directed two
of them to continue on with us ; these went with cheerfulness,
though at times they mistrusted parts of the river having no
ice ; it was difficult to get along, the banks occasioning at
times a considerable distance between me and the hindermost
man ; being under the necessity of going singly in turning
a point, one of the Indians, having loitered behind, took the
opportunity and set off, with great speed, calHng out to his
comrade to follow ; previous precautions prevented his being
fired at. This incident was truly unfortunate, as we were
now nearly in sight of our fireplace ; it is not improbable
that he might have seen the smoke, and this caused his flight,
APPENDIX V. 491
or actuated by his own fears, as no action of my people
could have given rise to such conduct; he had frequently
come and looked eagerly into my face, as if to read me. I
had been most scrupulous in avoiding any action and gesture
that might cause the least distrust to try the disposition of
the remaining one ; he was made to understand that he was
at Hberty to go, but he showed no wish of this kind. At
3 p.m. we joined the rest of our party; he started at seeing
so many more men, but this was but of momentary dura
tion, for he soon became pleased with all he saw. I made
him a few presents, and showed the articles that were to be
taken up, consisting of blankets, woollen wrappers, and shirts,
beads, hatchets, knives, and tin pots, thread, needles, and
fish-hooks, with which he appeared much satisfied, and
regaled himself with tea and broiled venison, for we brought
down two haunches with us in the evening. A pair of trowsers
and vamps being made out of a blanket, and a flannel shirt
presented to him, he put them on with sensible pleasure,
carefully avoiding any indecency ; being under no restraint
he occasionally went out, and he expressed a strong desire
for canvas, pointing to a studding sail which covered us on
one side ; he lay by me during the night. My mind was
disturbed, for it occurred to me that the natives, on the return
of their comrade that deserted us, would probably, from his
misrepresentation, dictated by fear, quit the wigwams, and
observe our motions ; but I was willing to suppress any fear
for the safety of our men, judging that they would not
commit any violence until they should see if we returned
and brought their companion, and if satisfied that the con
duct of my men would be such as not to give occasion for
animosity, and that in the event of their being removed they
would see the impossibility of safety in any attempt to
escape. Jan. 25. — Wind NNE. and boisterous, with sleet; at 7
A. m. set out, leaving only eight of the party behind. On
coming up to the river head we observed the tracks of three
men crossing the pond in a direction for the other side of the
river ; the violence of the wind with the sleet and drift snow,
492 HISTORY OF NEWFOUNDLAND.
rendered it laborious to get on, and so thick at times that all
the party could not be discerned, although at no great dis
tance from each other ; when about half a mile from the
wigwams, the Indian, who walked sometimes on before, at
other times by my side, pointed out an arrow sticking in the
ice ; we also perceived a recent track of a sledge. At 2\
p. m. arrived at the wigwams, when my apprehensions were
verified ; they were left in confusion, nothing of consequence
remaining in them but deer-skins ; we found a quantity of
venison, packs conveyed a Httle way off, and deposited in
the snow ; a path extended into the wood but to no distance.
Perceiving no mark of violence to have been committed, I
hoped that my former conjectures would be reaHsed, and
that all would yet be well ; the actions of the Indian, indica
tive of extreme perplexity, are not describable. Having
directed the fire to be removed from the wigwam we were
now in to one more commodious, one of the people taking up
a brand for this purpose, he appeared terrified to the last
degree, and used his utmost endeavour to prevent its being
carried out ; he either apprehended that we were going to
destroy the wigwams and canoes (of which latter there were
six), or that a fire was going to be kindled for his destruc
tion ; for some time he anxiously peeped through the crevices
to see what was doing, for he was not at liberty. Perplexed
how to act, and the evening drawing on, anxiety for the two
marines determined me to let the Indian go, trusting that
his appearance and recital of our behaviour would not only
be the means of our men's liberation, but also that the
natives would return ; with this impression, after giving him
several things, I showed a wish that his party should return,
and by signs intimated not to hurt our people. He smiled
significantly, but he would not leave us ; he put the wigwams
in order, and several times looked to the west side of the
pond and pointed. Each wigwam had a quantity of deer's
leg-bones ranged on poles (in all three hundred) ; having
used the marrow of some of those opposite that we occupied,
the Indian replaced them with an equal number from one of
the others, signifying that those were his ; he pointed out a
APPENDIX V. 493
staff, and showed that it belonged to the person that wore
the high cap, the same that I had taken to be the chief;
the length of this badge was nearly six feet and two inches at
the head, tapering to the end, terminating in not more than
three quarters of an inch ; it represented four plain equal
sides, except at the upper end, where it resembled three rims
one over the other, and the whole stained red. The day
having closed in, it blew very hard with hail, sleet, and rain.
It being necessary to be prepared against an attack, the fol
lowing disposition was made for the night: the wigwam
being of a circular form, and the party formed into two
divisions, they were placed intermediately, and a space left on
each side of the entrance, so that those on guard could have
a full command of it ; the door-way was closed up with a
skin, and orders given for no one to go out ; the rustling of
the trees and the snow falling from them would have made
it easy for an enemy to advance close to us without being
heard. I had made an exchange with the Indian for his bow
and arrows, and at 11 o'clock lay down to rest; but had not
been asleep more than ten minutes when I was aroused by a
dreadful scream and exclamation of ' 0 Lord 1 ' uttered by
Matthew Hughster ; starting up at the instant in his sleep,
the Indian gave a horrid yell, and a musket was instantly
discharged. I could not at this moment but admire the
promptness of the watch with their arms presented and
swords drawn. This incident, which had like to prove fatal,
was occasioned by John Giemue, a foreigner, going out ; he
had mentioned it to the watch ; in coming in again, the skin
covering the door-way made a rustling noise ; Thomas
Taylor, roused at the shriek, fired direct for the entrance,
and had not Hughster providentially fallen against him at
the moment, which moved the piece from the intended di
rection, Giemue must inevitably have lost his life. The rest
of the night was spent in making covers of deer-skin for the
locks of the arms.
Jan. 26. — Wind ENE., blowing strong, with sleet and
freezing weather. As soon as it was light the crew were put
in motion, and placing an equal number of blankets, shirts
494 HISTORY OF NEWFOUNDLAND.
and tin pots in each of the wigwams, I gave the Indian to
understand that those articles were for the individuals who
resided in them. Some more presents were given to him, as
also some articles attached to the red staff, all which he
seemed to comprehend. At 7. A. m. we left the place, intend
ing to return the Monday following. Seeing that the Indian
came on, I signified my wish for him to go back ; he how
ever continued with us, sometimes running on a little before
in a zigzag direction, keeping his eyes to the ice as having a
trace to guide him, and once pointed to the westward and
laughed. Being now about two thirds of a mile from the
wigwams, he edged in suddenly, and for an instant halted,
then took to speed ; we at this moment observed that he had
stopped to look at a body lying on the ice : he was still
within half musket-shot, but as his destruction could answer
no end, so it would have been equally vain to attempt pur
suit ; we soon lost sight of him in the haze. The bodies of
our two unfortunate companions lay about a hundred yards
apart ; that of the corporal being first, was pierced by one
arrow in the back; three had entered that of Bouthland.
They were laid out straight with their feet towards the river
and back upwards ; their heads were off and carried away,
and no vestige of garments left ; several broken arrows were
by, and a quantity of bread, which must have been emptied
out of their knapsacks ; very little blood was visible. This
melancholy event naturally much affected all the party ; but
these feelings soon gave way to sensations of revenge. Al
though I had no doubt as to the possibiHty of finding out
the route they had taken, yet prudence called on me to
adopt another line of conduct. As I could have no doubt
that our movements had been watched, which the cross track
observed in coming up evinced, my mind consequently became
alarmed for the safety of those left with the sledges, and
hence made it of the utmost moment to join them without
loss of time. Prior to entering the river the people were
refreshed with some rum and bread, and formed into a line
of march, those having fire-arms being in the front and rear,
those with cutlasses remaining in the centre, and all charged
APPENDIX V. 495
to keep as close together as the intricacies would permit.
On opening the first point of the river head, one of the men
said he observed an Indian look round the second point and
fall back ; on coming up, we perceived that two men had
certainly been there and retreated ; we afterwards saw them
at times at a good distance before us; the tracks showed that
they had shoes on; this caused considerable perplexity;
the guides (and indeed all the party), were of opinion that
the Indians had seen the sledges, and that those two were
returning down the river to draw us into a trammel; for
they supposed a body of them to be conveniently posted to
take advantage of us in some difficult pass. These conjectures
were probable. They strongly urged my taking to the
woods as being more safe ; although this was certainly true,
it would have been attended with great loss of time, for, from
the depth and softness of the snow, we could not possibly
perform it under two days; and as the immediate joining
my people was paramount to every other consideration — for
our conjectures might be erroneous — and I was in this
instance fain to suspect that curiosity had predominated over
the obligations of duty, and that want of consideration had
led our men up to view the pond, therefore continued on
by the river side. At noon we arrived at the fireplace, and
found all well, after having spent four hours in unutterable
anxiety for their fate. The two men that had acted so im
prudently were easily discovered by the sweat that still
rolled down their faces; being made acquainted with the
uneasiness they had occasioned, contrition for their misconduct
was manifest. Whilst the party dined on pork, bread, and
rum, I pondered on the late events, and what in the pre
sent juncture was best to be done ; my thoughts often
wandered to the pond, but after half an hour's reflection, the
following considerations fixed me in the resolution of pro
ceeding down the river : — 1st, it appeared to me next to a
certainty that a numerous body of natives resided in the
environs and outlets of the pond ; taking this for granted,
the hazard would have been greater than prudence would
justify, for, after their preparation, was it not to be supposed
496 HISTORY OF NEWFOUNDLAND.
they would anticipate our conduct according to their diaboli
cal system ? I could not therefore entertain any hope of
securing their persons without bloodshed, which would frus
trate all future expectation of their reconciliation and
civilisation, the grand object in view. It will not be con
sidered improper to remark that the very nature of the
service intrusted to my care required the test of faith, and
the danger increased by the sincere wish of rendering acts of
friendship on our part, whilst a maHgnant inveteracy sub
sists in the hearts and actuates the natives to deeds most
horrid. 2nd, the state of the weather promising a rapid
thaw, which would render our retreat down the river imprac
ticable; this, with the local situation of this part of the
Exploits, were cogent reasons to follow the plan of descending
the river. The thawing of the ice and snow, and waters from
the interior causing the ice already to founder from the
banks, so as to render it impossible to conduct the sledges,
the knapsacks were filled with as much provisions as they
could contain, and, taking with us rum for three days, we
commenced our return, obliged to leave everything else
behind. On reaching the point on which the old store has
been stated to have stood, we observed on the island situated
on this part of the river (as described on January 22),
nearly at its western end, the frame of an extensive store,
apparently erected last summer, and not yet covered in;
this island, being well wooded, had obstructed our seeing it
on passing upwards, and so surrounded with trees as to pre
vent our having a full view of it : this is a strong corrobora
tion of Cull's statement. We continued our journey until
dark, when we reached the fireplace occupied on the 21st;
thus having performed four days' route, making in distance
thirty-two miles between this and where we had left the
sledges : the ice had become so much weakened as to give
way several times, leaving some of the party for a short
period on detached pieces from that bound to the banks.
Jan. 27. — Wind ESE. with small rain. At daylight
renewed our journey .... We reached our fireplace of
the 19th and halted for the night, having performed two
APPENDIX V. 497
days' journey, a distance of twenty-three miles. Here we
had deposited two days' provisions in a cask well headed, and
placed fifty yards in from the west bank of the brook (the
fireplace being on the east) and covered over with bushes
and snow, insomuch as to consider it perfectly secure from
any beast. I was therefore much surprised to find the
bushes removed, the head taken out, seven pieces of pork
missing, and some of the bread lying by the cask. The
rapid thaw obliterated any track that might have formed
our judgment as to its having been done by men or beasts.
I am inclined to attribute it to the former. One of the
pieces of pork was found about two hundred yards from the
spot. Some of the party complained of swollen legs.
Jan. 28.— Light winds from SE., with rain during the
night. The legs of several more of the party began to swell.
The thaw still continued very rapid, with prospect of an
immediate change. This circumstance, and the great pro
bability of the river's bursting, from the HkeHhood of the
drift ice becoming pent amongst the shoals, determined me,
notwithstanding our fatigue and pain, to push forward, and,
if possible, to reach our fireplace of the 16th immediately
below the great overfall, as the depth of the river below this
would make it less subject to break up, and should it
become necessary to undertake the laborious and slow tra-
velHng in the woods, our distance would be considerably
diminished. By dark my wish was accomplished, after a
most harassing and uncomfortable march of eighteen miles,
the quarter part of this distance being nearly knee-deep in
water ; in all this day's route we found the river opened in
the middle.
Jan. 29.— Fresh winds from the SE. with rain. At dawn
renewed our journey, the river still continuing to flood and
open. On coming to the Battling Brook, in addition to the
canoe mentioned on the 15th, we now found another. I
knew them both to have belonged to the Canadians before
spoken of, and as these were all they had, I supposed them
to have travelled by land to St. George's Bay. Halted at
our fireplace of the 14th and refreshed ourselves ; and took
K K
498 HISTORY OF NEWFOUNDLAND.
with us the provisions that had been left, and at 4 P. M.
reached Cull's old house, where we had spent so intolerable a
night on the 13th.
Jan. 30. — Wind E. with fresh gales and rain ; at 7 A.M.
proceeded for the schooner, all hearts elevated. We found
it extremely tiresome ; the waters that had flooded over the
ice being partially frozen, but insufficient to bear our weight,
made it painful to all, but particularly to those with inflamed
ankles ; indeed, from the wet state our feet had been in for
the last four days, no one escaped being galled. Abreast of
Wigwam Point the river was considerably opened. At noon
we arrived on board and found all well.
March 4. — The people having recovered from the effects
of the former excursion, and sledges and casks being made
for the reception of stores necessary for a second journey,
the day was employed in packing and making the requisite
preparations for our departure.
March 5. — Wind W. At 7 a.m. I left the schooner with
a party of thirty men, having with us provisions and every
necessary for twenty-two days. The day proved pleasant
and mild, and the hauling good, the ice being much levelled
by the late thaws ; halted for the night on the north side of
the river, one mile above the second fireplace of the former
journey. March 6. — Wind W. with falls of snow. At 4 p.m. hav
ing reached our former fireplace at the end of the Indian
path by the great waterfall, we put up for the night and
repacked the sledges. I went with a small party to view the
waterfall, which circumstances prevented me from doing
before. The sight repaid the trouble of getting to it. The
scene was truly interesting ; the upper part was formed by a
number of cascades, and at last joining their united streams,
rolled down one stupendous height of at least eighty feet
perpendicular. The sound of this waterfall was at times
plainly heard on board the schooner when lying in Peter's
Arm, from which ascended a vapour that darkened the at
mosphere for a considerable extent. The cavity below exhibited
a number of small islands orginally formed by the torrent.
APPENDIX V. 499
March 7. — Wind S., with constant snow. At 10 A. M., having
come up to the islands opposite Bushy Pond Marsh, we found
a wigwam on one of them where the natives had Hved last
summer . At 1 p.m. put up on the north side, about three miles
above our fireplace of January 18, and distant from the Indian
Dock nine miles. Very heavy- fall of snow. Killed five
partridges. March 8. — Strong NE. gales, with constant snow and
drift ; no possibility of hauling. One of the party received
so violent a contusion on the shoulder as to render his arm
useless, by a tree having fallen on him. The snow this day
fell ten inches.
March 9. — Wind W. and blowing hard, with severe weather,
rendering it unsafe to proceed ....
March 10. — Strong gales, with constant snow, and very
sharp weather, which continued throughout the day, with
considerable drift.
March 11. — Wind W. with clear sharp weather At 7 a.m.
recommenced our journey. This morning four of our party
were frost-burnt. The hauling proved heavy, from the
late snow and drift. At 2 p.m. put up on the north side,
two miles below the Badger Bay Brook, and fourteen miles
from our last night's sleeping-place.
March 12.— Cloudy weather; wind W. At 8 o'clock
passed Badger Bay Brook. At noon Hodges Hills bore ENE.
two leagues. At 2£ p.m. put up on the north side, about
half a mile below the waterfall (which we had passed on
January 21), and sixteen miles from our last resting-place.
March 13. — Strong gales from ENE., and constant snow
and sleet. At 7 A.m. crossed over and ascended the waterfall
on the south side ; hauled the sledges through some Indian
paths ; found several places in the skirts of the woods that
had been recently dug up, where something must have been
concealed, for the vacuums were Hned with birch rind. At
10 A.M. we came up to the storehouse mentioned on
January 22 ; the poles that were then seen in the ice
still remained, but their position altered. This store was
circular, and covered in with deer-skins ; it was not so large
K K 2
503 HISTORY OF NEWFOUNDLAND.
as their wigwams. It was evident that the natives had been
here since our passing down in the former journey ; they had
taken all the prime venison away, and had left nothing but
a few inferior haunches, and a number of paunches, which
were frozen firmly together; but many of these had, not
withstanding, been removed for the purpose of digging up
one part of the ground, where it formed a place somewhat
longer than necessary for containing arrows ; it is probable
that it held arrows, darts, and other implements used by them
in killing deer. I was surprised to find that the skins
covering in that part of the store fronting the river and the
inland side, were perforated with many arrows ; this circum
stance led me to conclude that they had come down in their
canoes, and that some of them had taken a station on the
bank, and had shot their arrows at the store, to ascertain
whether we might not be concealed in it. Seeing that they
had acted with such cautious suspicion, and considering it as
betraying an inclination for resistance, made me abandon
any further pursuit. Leaving several red shirts in the store
house, as an exchange for such venison as we could take, I
returned to our last night's fireplace, not feeling myself
warranted to run any further risk. It continued to snow,
hail, and sleet, the whole of this day.
March 14. — Wind W. At 9| a.m. set out on our return
down the river, the hauHng very heavy, from the sleet and
snow that had fallen yesterday. At 2\ p. m. halted for the
night, having travelled nine miles. Found John Weatheral
deranged in mind.
March 15. — Wind SW. At dayHght renewed our march:
halted two miles below Badger Bay Brook, at our fireplace
of the 11th instant. Found it necessary to have a guard
over John Weatheral.
March 16.— Wind N., with pleasant weather and good
hauHng. At 2 o'clock halted at the sleeping-place of the
9th instant, three miles from Bushing Pond Marsh.
March 17.— Moderate, with snow. At 11 o'clock reached
the upper part of the great waterfall ; hauled the sledges to
the further end of the path, and put up at the sleeping-place
of the 6th instant, called Indian Dock.
APPENDIX V. 501
March 18. — Wind from the westward, with clear frosty
weather; at noon heavy hauling; at dark reached Upper
Sandy Point, and put up for the night at Mr. Millar's upper
salmon station; the distance from the waterfall to this is
reckoned twenty miles.
March 19. — Fresh breezes and clear frosty weather. At
9 o'clock set out, and at 11 arrived on board the schooner,
and found all well
502 HISTORY OF NEWFOUNDLAND.
APPENDIX VI.
The following extract is from the note of Lord Palmerston
of July 10, 1838, to Count Sebastiani, the French ambassador,
and is copied from ' The Journal of the Legislative Council
of Newfoundland ' for 1857.
.... I now proceed to answer that part of your Excel
lency's note which relates to the conflicting opinions that are
entertained as to the true interpretation of the declaration
annexed to the treaty of September 3, 1783, and in which
your Excellency urges the British Government to disavow
the claim of British subjects to a right of fishery upon the
coasts in question, concurrent with the right of the subjects
of France.
And in the first place, I beg to observe that it does not
appear to the British Government that either your Excel
lency's representation, or that of your predecessor, has
shown that any specific grievance has been sustained by
French subjects, in consequence of the doubts which are said
to be entertained upon this question, so as to prove that there
is any pressing necessity for the call which the French Go
vernment makes in this respect upon that of Great Britain.
But the British Government is, nevertheless, wilHng to
enter into an amicable examination of the matter, with a
view to set those doubts at rest, although it is my duty to
say that the British Government are not prepared, according
to the view which they at present take of the matter, to con
cede the point in question.
APPENDIX VI. 503
The right of fishing on the coast of Newfoundland was
assigned to French subjects by the King of Great Britain in
the Treaty of Peace of 1783, to be enjoyed by them ' as they
had the right to enjoy that which was assigned to them by
the Treaty of Utrecht.'
But the right assigned to French subjects by the Treaty
of Utrecht was ' to catch fish and to dry them on land,' within
the district described in the said treaty, subject to the condi
tion not ' to erect any buildings ' upon the island ' besides
stages made of boards, and huts necessary and usual for
drying of fish,' and not to ' resort to the said island beyond
the time necessary for fishing and drying of fish.'
A declaration annexed to the treaty of 1783, by which the
right assigned to French subjects was renewed, contains an
engagement that 'in order that the fishermen of the two
nations may not give a cause for daily quarrels, His Britan
nic Majesty would take the most positive measures for
preventing his subjects from interrupting, in any manner,
by their competition, the fishery of the French during the
temporary exercise of it, which was granted to them,' and
that His Majesty would ' for this purpose cause the fixed
settlements which should be found there to be removed.'
A counter declaration stated that the King of France was
satisfied with the arrangement concluded in the above terms.
The treaty of peace of 1814 declares that the French right
' of fishery at Newfoundland is replaced upon the footing upon
which it stood in 1792.'
In order, therefore, to come to a right understanding of
the question, it will be necessary to consider it with refer
ence to historical facts, as well as with reference to the letter
of the declaration of 1783; and to ascertain what was the
precise footing upon which the French fishery actually stood
in 1792.
Now, it is evident that specific evidence would be neces
sary, in order to show the construction which the French
Government now desire to put upon the declaration of 1783
is the interpretation which was given to that declaration at
the period when the declaration was framed ; and when the
504 HISTORY OF NEWFOUNDLAND.
real intention of the parties must have been best known.
It would be requisite for this purpose to prove that, upon the
conclusion of the treaty of 1783, French subjects actually
entered upon the enjoyment of an exclusive right to catch
fish in the waters off the coast in question ; and that they
were in the acknowledged enjoyment of the exercise of that
right at the commencement of the war in 1792. But no
evidence to such effect has yet been produced. It is not
indeed asserted by your Excellency, nor was it contended by
Prince Talleyrand, in his note of 1831, to which your Excel
lency specially refers, that French subjects were, at the
breaking out of the war in 1792, in the enjoyment of such
an exclusive right; and, moreover, it does not appear that
such right was claimed by France, or admitted by England
at the termination of the war in 1801, or at the peace of 1814.
It is true that the privilege secured to the fishermen of
France by the treaty and declaration of 1783, a privilege
which consists in the periodical use of a part of the shore of
Newfoundland for the purpose of drying their fish, has in
practice been treated by the British Government as an ex
clusive right during the period of the fishing season, and
within the prescribed limits ; because from the nature of the
case it would scarcely be possible for British fishermen to dry
their fish upon the same part of the shore with the French
fishermen, without interfering with the temporary establish
ments of the French for the same purpose, and without
interrupting their operations. But the British Government has
never understood the declaration to have had for its object to
deprive British subjects of the right to participate with the
French in taking fish at sea off that shore, provided they did
so without interrupting the French cod-fishery ; and although,
in accordance with the true spirit of the treaty and declara
tion of 1783, prohibitory proclamations have from time to
time been issued, on occasions when it has been found that
British subjects, while fishing within the limits in question,
have caused interruption to the French fishery ; yet in none
of the pubhc documents of the British Government, neither
in the Act of Parliament of 1788, passed for the express
APPENDIX VI. 505
purpose of carrying the treaty of 1783 into effect, nor in any
subsequent Act of Parliament relating to the Newfoundland
fishery ; nor in any of the instructions issued by the Admi
ralty, or by the Colonial Office; nor in any proclamation
which has come under my view, issued by the Governor of
Newfoundland, or by the British Admiral upon the station ;
does it appear that the right of French subjects to an exclu
sive fishery, either of cod-fish, or of fish generally, is specifi
cally recognised.
In addition to the facts above stated, I will observe to
your Excellency, in conclusion, that if the right conceded to
the French by the declaration of 1783 had been intended to
be exclusive within the prescribed district, the terms used
for defining such right would assuredly have been more ample
and specific than they are found to be in that document ;
for in no other similar instrument which has ever come
under the knowledge of the British Government is so im
portant a concession as an exclusive privilege of this descrip
tion accorded in terms so loose and indefinitive.
Exclusive rights are privileges which, from the very nature
of things, are likely to be injurious to parties who are thereby
debarred from some exercise of industry in which they
would otherwise engage. Such rights are, therefore, certain
to be at some time or other disputed, if there is any main
tainable ground for contesting them ; and for these reasons,
when negotiators have intended to grant exclusive rights, it
has been their invariable practice to convey such rights in
direct, unqualified, and comprehensive terms, so as to prevent
the possibility of future dispute or doubt.
In the present case, however, such forms of expression
are entirely wanting, and the claim put forward on the part
of France is founded simply upon inference, and upon an
assumed interpretation of words. I have &c,
(Signed) Palmerston.
His Excellency Count Sebastiani.
506 HISTORY OF NEWFOUNDLAND.
APPENDIX VII.
EXTRACTS FROM THE NARRATIVE OF A JOURNEY ACROSS THE
ISLAND OF NEWFOUNDLAND, BY W. E. CORMACK, ESQ.
Mr. Cormack travelled across the country in the autumn of
1822. His route lay through the central part of the island,
from Trinity Bay on the east, to St. George's Bay on the west
coast, as he considered this to be the ' direction in which the
natural characteristics of the interior were Hkely to be most
decidedly exhibited.' Having secured the services of an
Indian as companion, and made all necessary preparations for
such an arduous undertaking, he embarked at St. John's for
Trinity Bay on the 30th of August. In order to husband his
strength for the main object of bis undertaking, he judged
it desirable to get as hear as possible to the centre of the
island by water, and accordingly made his way by boat to
Bandom Sound, which he reached on the 4th of September.
On the following day he departed from the sea-coast.
Sept. 5. — Being now removed with my Indian from all
human communication and interference, we put our knapsacks
and equipments in order, and left this inland part of the sea
shore in a northern direction, without regard to any track,
through marshes and woods towards some rising ground, in
order to obtain a view of the country. The centre of the
island bore nearly west from us.
After several hours of hard labour, owing chiefly to the
great weight of our knapsacks, we made only about two miles
progress. From the tops of the highest trees, the country in
all directions westward for at least twenty miles appeared to
APPENDIX VII. 507
be covered with one dense unbroken pine forest, with here
and there a bald granite pass projecting above the dark
green surface. We had expected to see some open country
nearer. Sept. 6. — No clear ground appearing in our course, we
struck directly westward through the forest. Wind-fallen
trees, underwood, and brooks lay in our way ; which, together
with the suffocating heat in the woods, and mosquitoes,
hindered us from advancing more than five miles to-day in
a WNW. direction.
Sept. 7, 8, 9, were occupied in travelling westward
through the forest, at the rate of seven or eight miles a day.
In our progress we ascended several of the insulated
passes to view the country : stunted trees and a thick rug of
moss crept almost to their summits. The prospect of the
ocean of undulating forest around, of the high land of Trinity
and Bonavista Bays, and of the Atlantic ocean in the distance
northward, were splendid.
Sept. 10. — From the first we had now and then crossed
over marshes and open rocky spots in the forest. As we
advanced, these latter became more frequent. The changes
of sylvan scenery as we passed from one to another were
enHvening and interesting, and they afforded the luxury of a
breeze that freed us from the host of blood-thirsty flies.
Early in the day, the ground descending, we came unex
pectedly to a rivulet about seventy yards wide, running
rapidly over a rocky bed to the NE., which we forded. The
roaring of a cataract of some magnitude was heard in the
NE. From the position and course of this stream, we
inferred that it was a branch of the river which runs into
Clode Sound in Bonavista Bay ; and my Indian supposed,
from his recollections of the reports of the Indians concern
ing Clode Sound Eiver, that canoes could be brought up from
the sea-coast to near where we were.
Leaving this rivulet, the land has a considerable rise for
several miles. The features of the country then assume an
air of expanse and importance different from heretofore.
The trees become larger, and stand apart ; and we entered
508 HISTORY OF NEWFOUNDLAND.
upon spacious tracts of rocky ground entirely clear of wood.
Everything indicated our approaching to the verge of a
country different from that we had passed over.
On looking back towards the sea-coast, the scene was
magnificent. We discovered that, under the cover of the
forest, we had been uniformly ascending ever since we left
the salt water at Bandom Bar, and then soon arrived at the
summit of what we saw to be a great mountain ridge, that
seems to serve as a barrier between the sea and the interior.
The black dense forest through which we had pilgrimaged
presented a novel picture, appearing spotted with bright
yellow marshes, and a few glassy lakes in its bosom, some of
which we had passed close by without seeing them.
In the westward, to our inexpressible dehght, the interior
broke in sublimity before us. What a contrast did this
present to the conjectures entertained of Newfoundland !
The hitherto mysterious interior lay unfolded before us — a
boundless scene — emerald surface — a vast basin. The eye
strides again and again over a succession of northerly and
southerly ranges of green plains, marbled with woods and
lakes of every form and extent, a picture of all the luxurious
scenes of national cultivation receding into invisibleness.
The imagination hovers in the distance, and cHngs in
voluntarily to the undulating horizon of vapour in the far
west, until it is lost. A new world seemed to invite us
onward, or rather we claimed the dominion, and were im
patient to proceed to take possession. Fancy carried us
swiftly across the island. Obstacles of every kind were dis
pelled and despised; primitiveness, omnipotence, and tran
quillity were stamped upon everything so forcibly, that the
mind was hurled back thousands of years, and the man left
denuded of the mental fabric which a knowledge of ages of
human experience and of time may have reared within him.
But to look around us before we advance. The great external
features of the eastern portion of the main body of the island
are seen from these commanding heights. Overland com
munication between the bays of the east, north, and south
coasts, it appears, might be easily estabhshed. The chief
APPENDIX VII. 509
obstacles to overcome, as far as regards the mere way, seem
to lie in crossing the mountain belt of twenty or forty miles
wide on which we stood, in order to reach the open low
interior. The nucleus of this belt is exhibited in the form
of a semicircular chain of insulated passes and round-backed
granitic hills, generally lying NE. and SW. of each other in
the rear of Bonavista, Trinity, Placentia, and Fortune Bays.
To the southward of us, in the direction of Piper's Hole in
Placentia Bay, one of these conical hills, very conspicuous, I
named ' Mount Clarence,' in honour of His Eoyal Highness,
who, when in the navy, had been in Placentia Bay. Our
view extended more than forty miles in all directions. No
high land, it has been already observed, bounded the low
interior in the west.
Sept. 11. — We descended into the bosom of the interior.
The plains which shone so brilliantly are steppes or
savannas, composed of fine black compact peat mould,
formed by the growth and decay of mosses. They are in the
form of extensive, gently undulating beds, stretching north
ward and southward, with running waters and lakes, skirted
with woods lying between them. Their yellow-green surfaces
are sometimes uninterrupted by either tree, shrub, rock, or any
irregularity, for more than ten miles. They are chequered
everywhere upon the surface by deep beaten deer-paths, and
are in reality magnificent natural deer parks, adorned with
wood and water.
Our progress over the savanna country was attended with
great labour and consequently slow, being at the rate of
from five to seven miles a day to the westward, while the
distance walked was equivalent to three or four times as
much. Always inclining our course to the westward, we
traversed in every direction, partly from choice in order to
view and examine the country, and partly from the necessity
to get round the extremities of lakes and woods, and to look
for game for subsistence. We were nearly a month in
passing over one savanna after another. In the interval
there are several low granitic beds, stretching as the sa
vannas northerly and southerly. Our attention was arrested
510 HISTORY OF NEWFOUNDLAND.
twice by observing the- tracks of a man on the savannas.
After a scrupulous and minute examination, we concluded
that one of them was that of a Micmac or Mountaineer
Indian who had been hunting here in the preceding year,
and from the point of the foot being steep, that he was going
laden with fur to the Bay of Despair. The other track was
on the shore of Gower Lake. It was that of an Indian who
had passed by this season apparently from the Bay of
Despair towards Gander Bay. We saw no traces however of
the Bed Indians. The print of foot remains distinct on the
surface of the savannas for years or longer. Any track or
course differing from those of the deer in their usual undis
turbed walks, is detected by the eye at once.
October 7. — We had been occupied since September 1 1 in
travelHng the savanna country. A hilly ridge in the west
ward lying northerly and southerly which had been in view
several days, and about the centre of the island, on our near
approach bore an aspect different from any we had yet seen,
appearing of a bright brown colour along the summit — bristly
and castellated. The rocks for some miles to the east were
often of various colours, and impregnated with iron, and the
shores of the lakes presented remarkably coloured stones,
resembling pieces of burnt clay and broken pottery. On
arriving on it, this ridge proved to be a serpentine deposit,
including a variety of rocks all lying in nearly vertical strata
alternating. The conspicuous points were the large angular
blocks of quartz rock lying on outgoings of the same ranged
along the summit. This rock was very ponderous, owing to
much disseminated iron pyrites, the oxidation of which
externally gave it the brown colour The beaches of
many of the lakes in the neighbourhood are formed of disin
tegrated fragments of those rocks. At one lake in particular,
which I in consequence denominated Serpentine Lake, the
beauty and interesting appearance of some of the beaches,
composed entirely of rolled fragments of those rocks of every
kind and colour, the red, yellow, and green prevaihng, may
be fancied better than described. This interesting ridge and
district, which forms the centre nearly of Newfoundland,
APPENDIX VII- 511
I designated, in honour of an excellent friend and distin
guished promoter of science and enterprise — Professor
Jameson of Edinburgh — Jameson's Mountains. Judging
from the rise in the land for about thirty miles to the east
ward, they are about twelve hundred feet above the level of
the sea.
Future travellers may easily reach Jameson's Mountains
by the route mentioned ; and I hope some may soon follow
the first there, for they deserve a much more perfect exami
nation than could be given on a first visit by a half-worn-out
pedestrian traveller.
Oct. 1 0. — Being now near the centre of the island, upwards
of one hundred and ten miles from the most inland part of
Trinity Bay, about ninety miles of the distance being across
the savannas, we had not yet seen a trace of the Bed
Indians. It had been supposed that all the central parts of
the island were occupied by these people, and I had been
daily looking out for them. They were, however, more Hkely
to be fallen in with farther to the westward.
In the west, mountain succeeds mountain in irregular
succession, rugged and bleak.
Encumbered with many additional mineralogical speci
mens, we took our departure from the interesting central
mountains, for my part hoping that I might yet see them
again. Oct. 11. — While surveying a large lake in the SW., we_
descried a faint column of smoke issuing from amongst
islands near the south shore, about five miles distant. The
time we hoped had at last come to meet the Bed Indians.
Bivers rise here as they had throughout our journey, owing
to our track being central, that run to both sides of the
island, but it could not be seen to which side this lake con
tributed its waters. The Bed Indians had been reported not
to frequent the south side of the island. It was too late in
the day to reconnoitre ; and my Indian went in pursuit of a
herd of deer in another direction, we having no provision
for supper. At sunset he did not meet me at the appointed
wood in a valley hard by ; nor did he return by midnight,
512 HISTORY OF NEWFOUNDLAND.
nor at all. I durst not exhibit a fire on the hill as a beacon
to him in sight of the strange encampment. His gun might
have burst and injured him ; he might have fled, or been
surprised by the party on the lake.
Oct. 12. — At daybreak the atmosphere was frosty, and
the slender white column of smoke still more distinctly seen.
There were human beings there, and, deserted as I was, I felt
an irresistible desire to approach my fellow-creatures, whe
ther they should prove friendly or hostile. Having put my
gun and pistols in the best order, and no appearance of my
Indian at noon, I left my knapsack and all encumbrances
and descended through thickets and marshes towards the
nearest part of the lake about two miles distant. The white
sandy shore, formed of disintegrated granite, was much
trodden over by deer and other animals, but there were no
marks of man discernible. The extent of the lake was un
certain ; but it was apparent that it would require two days
at least to walk round either end to the nearest point of the
opposite shore to the occupied island. I therefore kept on
my own side to discover who the party was. By firing off
my gun, if the party were Bed Indians, they would in all
probabihty move off quickly on hearing the report, and they
having no fire-arms, my fire would not be answered ; if they
were other Indians, my fire would be returned. I fired — by
and by, the report of a strange gun travelled among the
islands from the direction of the smoke ; and thus all my
doubts and apprehensions were dispelled. The report of
this gun was the first noise I had heard caused by man
except by my Indian and self for more than five weeks, and
it excited very peculiar feehngs.
In about an hour my lost Indian unexpectedly made his
appearance from the direction where we had parted on the
preceding evening, brought to the spot by the report of my
gun. He accounted for himself ' that after having shot a
stag about two miles from the spot appointed for our en
campment, he attempted to get round the west end of the
lake to reconnoitre the party on the island, but found the
distance too great, and getting benighted, had slept in the
woods.'
APPENDIX VII. 513
Soon afterwards, to my great deHght, there appeared among
some woody islets in front, which precluded the view of the
other side of the lake, a -small canoe with a man seated in the
stern paddling softly towards us, with an air of serenity and
independence possessed only by the Indian. After a bro
therly salutation with me, and the two Indians kissing each
other, the hunter proved to be unable to speak English or
French. They, however, soon understood one another ; for
the stranger, although a mountaineer from Labrador, could
speak a Httle of the Micmac language, his wife being a
Micmac. The mountaineer tribe belongs to Labrador, and
Ke told us that he had come to Newfoundland, hearing that
it was a better hunting country than his own, and that he
was now on his way from St. George's Bay to the Bay of
Despair to spend the winter with the Indians there. He
had left St. George's Bay two months before, and expected
to be at the Bay of Despair two weeks hence. This was his
second year in Newfoundland ; he was accompanied by his
wife only. My Indian told him that I had come to see the
rocks, the deer, the beavers, and the Bed Indians, and to tell
King George what was going on in the middle of that coun
try. He said St. George's Bay was about two weeks' walk from
us if we knew the best way ; and invited us over with him
"in his canoe to rest a day at his camp, where he said he
had plenty of venison, which was readily agreed to on my
part. The island on which the mountaineer's camp was lay
about three miles distant. The varying scenery as we
paddled towards it amongst a number of islets, all of granite
and mostly covered with spruce and birch trees, was beauti
ful. His canoe was similar to those described to have been
used by the ancient Britons on the invasion of the Eomans.
It was made of wicker work, covered over outside with deer
skins sewed together stretched on it, nearly of the usual form
of canoes, with a bar or beam across the middle, and one at
each end to strengthen it. The skin covering, flesh side out,
was fastened or laced to the gunwales with thongs of the
same material. Owing to decay and wear, it requires to be
L L
-514 HISTORY OF NEWFOUNDLAND.
renewed once in from six to twelve weeks. It is in these
temporary barks that the Indians of Newfoundland of the
present day navigate the lakes and rivers of the interior.
They are easily carried, owing to their lightness, across the
portages from one water to another, and, when damaged,
easily repaired. There were innumerable granite rocks in
the lake a Httle above and below the surface. On one of
these our canoe struck and rubbed a hole through the half-
decayed skin, and was attended with some risk to our persons
and guns.
His wigwam was situated in the centre of a wooded islet, at
which we arrived before sunset. The approach from the
landing-place was by a mossy carpeted avenue formed by
the trees having been cut down in that direction for firewood.
The sight of a fire not of our own kindHng, of which we
were to partake, seemed hospitaHty. The wigwam was
occupied by his wife, seated on a deer-skin busy sewing
together skins of the same kind to renew the outside of the
canoe, which we had just found required it. A large New
foundland dog, her only companion in her husband's absence,
had welcomed us at the landing-place with signs of the '
greatest joy. Sylvan happiness reigned here. His wigwam
was of a semi-circular form, covered with birch-rind and
dried deer-skins, the fire on the foreground outside. Abun
dance and neatness pervaded the encampment. On hori
zontal poles over the fire hung quantities of venison steaks,
being smoke-dried. The hostess was cheerful, and a supper
of the best the chase could afford was soon set before us on
sheets of birch-rind. They told me to ' make their camp my
own, and to use everything in it as such.' Kindness so
elegantly tendered by these people of nature in their sohtude,
commenced to soften those feehngs which had been fortified
against receiving any comfort except that of my own admin
istering. The excellence of the venison and of the flesh of
young beavers could not be surpassed. A cake of hard deer's
fat with scraps of suet toasted brown intermixed, was eaten
with the meat ; soup was the drink. Our hostess after supper
sang several Indian songs at my request; they were plaintive,
APPENDIX VII. 515
and sung in a high key. The song of a female and her
contentment in this remote and secluded spot, exhibited the
strange diversity there is in human nature. My Indian
entertained us incessantly until nearly dayHght with stories
about what he had seen in St. John's. Our toils were
for the time forgotten.
The mountaineer had occupied this camp for about two
weeks, deer being very plentiful all round the lake. His
larder, which was a kind of shed erected on the rocky shore
for the sake of a free circulation of air, was in reahty a well-
stocked butcher's stall, containing parts of some half dozen
fat deer, also the carcases of beavers, otters,, musk-rats, and
martins, all methodically laid out. His property consisted of
two guns and ammunition, an axe, some good culinary
utensils of iron and tin, blankets, an apartment of dried
deer-skins to sleep on, and with which to cover his wigwam,
the latter with the hair off ; a collection of skins to sell at
the sea-coast, consisting of those of beaver, otter, martin,
musk-rat, and deer, the last dried and the hair off; also a
stock of dried venison in bundles. Animal flesh of every
kind in steaks, without salt, smoked dry on the fire for forty-
eight hours, becomes nearly as light and portable as cork,
and will keep sound for years. It thus forms a good sub
stitute for bread, and by being boiled two hours recovers
most of its original quaHties.
This lake, called Mulpegh or Crooked Lake by the
Indians, I also named in honour of Professor Jameson. It
is nine or ten miles in length by from one to three in breadth,
joined by a strait to another lake nearly as large, lying SE.,
called Burnt Bay Lake, and is one of the chains of lakes
connected by the East Bay Eiver of the Bay of Despair,
already noticed as running through Serpentine Lake, which
forms a part of the grand route of the Indians.
Oct. 14. — We left the veteran mountaineer (James John by
name) much pleased with our having fallen in with him.
He landed us from his canoe on the south shore of the lake,
and we took our departure for the westward along the
south side. L l 2
516 HISTORY OF NEWFOUNDLAND.
Oct. 15. — The first snow fell this afternoon with a gentle
wind from the NNE., and so thick as to compel us to shelter
and encamp in a wood that happened fortunately to be near.
It continued to snow so heavy that at midnight our fire was
extinguished and firewood buried. But the silent uniform
fall and pressure of the snow over our screen, and the blankets
in which we were wrapped, kept us warm.
Oct. 16. — In the morning three feet of snow covered the
ground in the woods, and on the open ground it was deeper.
Our provisions were exhausted; nor could we get through
the snow to look for game. Weakened and miserable, we
looked anxiously for a change of wind and a thaw. The trees
were loaded with snow. At night a thaw came ; but with it
a southerly wind that brought both the snow and many of
the largest trees to the ground together. There being no
frost on the ground, the roots of the trees were not sufficiently
bound in the earth to stand under the extraordinary pressure
of snow and wind. Our fire was buried again and again by
the snow from the trees, and as we were as likely standing
up, as lying down, by the trees that crushed and shook the
ground around us all the night, we lay still, wrapped in our
blankets amidst the danger, and providentially escaped
unhurt. The birch had attained a pretty large size in this
sheltered spot, under the lie of a hill, which I called Mount
Misery. In the forest, while the storm rages above, it is calm
at the foot of the trees.
Oct. 17. — We were still storm-stayed, and could only view
the wreck of the forest close to us. Our situation was truly
miserable. But the snow was fast melting away. I felt
alarmed at the winter setting in thus early, for the conse
quences ere we could reach the sea-coast.
Oct. 18. — The snow having shrunk a foot at least, we left
our wretched encampment, and after a most laborious walk
of six or eight miles through snow, thickets, and swollen
brooks, and passing many deer scraping holes in the snow
with their hoofs to reach the lichens underneath — without
however, being able to get within shot of them — we not only
reached the lake to the westward, but to our great joy also.
APPENDIX VII. 517
discovered, in consequence of meeting with some of their
martin traps, the encampment of the Indians of whom we
had been told by the mountaineer
The Bed Indians' country, we were told, was about ten or
fifteen miles northward of us ; but at this time, as the moun
taineer had likewise informed us, these people were all
farther to the northward, at the Great Lake, where they were
accustomed to lay up their winter stock of venison.
Oct. 21. — The weather having been mild for the last few
days, much of the snow had dissolved ; it lay chiefly in banks.
The Indians put us across the lake, and we took our departure
for the westward refreshed by our two days' stay with them.
The country now became mountainous, and almost destitute
of wood. Deer became more numerous. Berries were very
plentiful, and mostly in high perfection, although the snow
had lately covered them : indeed, the partridge berries were
improved, and many spots were Hterally red with them.
Oct. 24. — The winter had now fairly set in. The ponds
were all frozen over. The birds of passage had deserted the
interior for the sea-coast, and the grouse had got on their
white winter coats : many hardships now await the traveller.
Oct. 27. — The western territory is entirely primitive. No
rocks appear but granitic. The only soil is peat, which
varies in quality according to situation. In the valleys
some patches are very similar to the savanna peat in the
eastward. But as the peat ascends, it becomes shallow and
lighter until it terminates at the summit of the mountains
in a mere matting. Lichens occupy every station on the
peat among the other plants, and on the bare rock.
Oct. 28. — The small lakes were sufficiently frozen over for
us to walk upon them. As we advanced westward the aspect
of the country became more dreary, and the primitive
features more boldly marked. Pointed mountains of coarse
red granite standing apart, lay in all directions northerly
and southerly of each other. Most of them are partially
shrouded with firs, bald and capped with snow. As we
neared the south end of an extensive lake in order to get
round it, we observed a low islet near the middle entirely
518 HISTORY OF NEWFOUNDLAND.
covered with a large species of gull. Those birds seemed as
if they had congregated to take flight before the lake was
frozen over. I named this lake, in honour of a friend at the
bar in Edinburgh, ' Wilson's Lake.' At the extreme south
end we had to ford a rapid river of considerable size running
to the southward, which from its position we inferred was
' Little Eiver,' and which discharges at the south coast.
Oct. 29. — Drawing near to a mountain ridge higher than
any we had yet crossed, and which from appearance we sub-
posed might be the last between us and the sea-coast, we
had great satisfaction in discovering smoke rising from a
wood on the opposite side of a lake near the foot of it. We
indulged in the hope that some timber party from the set
tlements at St. George's Bay was encamped here. Our toils
were in fancy ended ; on reaching the lake, the party en
camped seemed to distrust us, not venturing to show
themselves openly on the shore. After a time, however,
they were convinced by our appearance, gestures, and the
report of our guns that we were not Bed Indians nor enemies.
A canoe was then launched and came across to us. The
canoe was of the kind already described — of wicker work,
covered with skins, and paddled by two pretty Indian girls.
I unceremoniously saluted them in the Indian manner, and
we accompanied them to this camp. They were of a party
of Micmac Indians, encamped at this lake because deer and
firewood were plentiful. One man only belonged to this
encampment, and he was out hunting when we arrived. None
of the party understood a word of English; my Indian,
however, explained. They told us, to our no little mortifica
tion, that we were yet sixty miles from St. George's Harbour,
or about five days' walk if the weather should happen to be
favourable, and that it lay in a NW. direction. The last
information proved that my Indian had of late pertinaciously
persisted on a wrong course.
As every hour was precious towards the final accompHsh-
ment of my object, I proposed to my Indian host to accompany
me to St. George's Bay. My offer was agreed to, and a
stipulation made to set off in two hours.
APPENDIX VII. 519
Oct. 30. — Eain, snow, and wind in the early part of the day
compelled us to stop and encamp.
Oct. 31. — We travelled over hills and across lakes about
twenty miles, fording in that space two rivers running north
easterly, and which are the main source branches of the Eiver
Exploits. This large river has therefore a course of upwards
of two hundred miles in one direction, taking its rise in the
SW. angle of the island, and discharging at the NE. part.
The Indians are all excellent shots, and the two men now
with me displayed admirable skill in killing the deer at great
distances and at full speed with single ball. Nearly a foot
of snow had recently fallen, which cast a monotonous subhmity
over the whole country, and in a great measure concealed
the characteristics of the vegetable as well as the mineral
kingdoms. We encamped at night at the southern extremity
of what is said by my Indians to be the most southern lake
of the interior frequented by the Bed Indians, and through
which was the main source branch of the Eiver Exploits.
At the same lake the Micmacs and the Indians friendly with
them commence and terminate their water excursions from
and to the west coast. They here construct their first skin
canoes upon entering the interior, or leave their old ones
upon setting off on foot for the sea-coast. The distance to
St. George's Harbour is twenty-five miles or upwards, which
part of the journey must be performed on foot, because no
waters of any magnitude intervene. I named the lake in
honour of His Majesty George IV.
Nov. 1. — For nearly twenty miles westward of George IV.'s
Lake, the country is very bare, there being scarcely a thicket
of wood. During this day, we found two rapid rivulets
running south-west to St. George's Bay. Deer had hitherto
passed us in innumerable straggling herds. But westward
of George IV.'s Lake, and particularly as we neared the coast,
very few were to be seen. While ascending a mountain, I
felt myself suddenly overcome with a kind of delirium —
arising, I supposed, from exhaustion and excessive exertion —
but fancied myself stronger than ever I was in my Hfe. It
is probable, under that influence, that if the Indian who
520 HISTORY OF NEWFOUNDLAND.
last joined had not been present, I would have had a rencontre
with my other Indian. In the evening, about eighteen miles
west of George IV.'s Lake, from the summit of a snowy ridge
which defines the west coast, we were rejoiced to get a view
of the expansive ocean and St. George's Harbour. Had this
prospect burst upon us in the same manner a month earlier,
it would have created in my mind a thousand pleasures, the
impressions of which I was now too callous to receive : all was
now, however, accomplished, and I hailed the glance of the
sea as home, and as the parent of everything dear. There
was scarcely any snow to be seen within several miles of the
sea-coast, while the mountain range upon which we stood,
and the interior in the rear, were covered. This range may
be about two thousand feet above the level of the sea, and
the snow-capped mountains in the NE. are higher. The
descent was now very precipitous and craggy. A rapid river
called Flat Bay Eiver, across which we were to ford, or, if
swollen, to pass over upon a raft, flowed at the foot of the
ridge. It threatened rain, and the sun was setting ; but the
sight of the sea urged us onward. By sliding down rill
courses, and traversing the steeps, we found ourselves, with
whole bones but many bruises, at the bottom by 1 o'clock
on the following morning. We then, by means of carrying
a large stone each on our back, in order to press our feet
against the bottom, and steadying ourselves by placing one
end of a pole, as with a staff or walking-stick, firmly upon the
bottom on the land or lee side, to prevent the current from
sweeping us away, step after step succeeded in fording
the river, and encamped by a good fire, but supperless, in
the forest on the banks of the river.
Nov. 2.* — Upon the immediate banks of Flat Bay Eiver
there is some good birch, pine, and spruce timber. The
soil and shelter are even so good here, that the ground spruce
(Janus Canadensis) bearing its red berries constitutes the
chief underwood, as in the forests of Canada and Nova
Scotia. In the afternoon we reached St. George's Harbour.
The first houses we reached, two in number, close to the
shore, belonged to Indians. They were nailed up, the
APPENDIX .VII. 521
owners not having yet returned from the interior, after their
fall's hunting. The houses of the European residents lay
on the west side of the harbour, which is here about a mile
wide, and near the entrance ; but a westerly gale of wind
prevented any intercourse across. Having had no food for
nearly two days, we ventured to break open the door of one
of the houses — the captains or chiefs, as we understood from
my last Indian — and found what we wanted — provisions and
cooking utensils. The winter's stock of provisions of this
provident man, named Emanuel Gontgont, the whole having
been provided at the proper seasons, consisted of six barrels
of pickled fish of different kinds — viz. young halibuts and
eels, besides dried cod-fish, seal oil in bladders, and two
barrels of maize, or Indian-corn flour.
Nov. 3. — We were still storm-stayed in the Indian house,
in the midst of plenty. It seemed remarkable that the
provisions were entirely free from the ravages of rats and
other vermin, although left without any precaution to guard
against such. There was a potato and turnip field close to
the house, with the crops still in the ground, of which we
availed ourselves, although now partly injured by the frost.
Nov. 4. — A party of Indians arrived from the interior,
male and female, each carrying a load of furs. Our land
lord was amongst them. Instead of appearing to notice with
displeasure his door broken open, and house occupied by
strangers, he merely said, upon looking round, and my offering
an explanation, ' Suppose me here, you take all these things.'
We crossed the harbour and were received by the residents
— Jersey and English, and their descendants — with open
arms. All European and other vessels had left this coast a
month before, so that there was no chance of my obtaining a
passage to St. John's or to another country. There were too
many risks attending the sending to sea any of the vessels
here at this season, although I offered a considerable sum to
the owners of any of them that would convey me to Fortune
Bay, on the south coast, from whence I might obtain a
passage to Europe by some of the ships that had probably
not yet sailed from the mercantile establishments there.
522 HISTORY OF NEWFOUNDLAND.
After a few days I parted with my Indians — the one, who
had with painful constancy accompanied me across the island,
joining his countrymen here to spend the winter with them
and return to his friends at the Bay of Despair in the
following spring — the other, having renewed his stock of
ammunition and other outfits, returned to his family, which
we had left in the interior. Having now crossed the island,
I cannot help thinking that my success was in part owing
to the smallness of my party. Many together could not
have so easily sustained themselves ; and they would have
multipHed the chances of casualties, and thereby of the
requisition of the attendance and detention of the able. It
is difficult to give an idea of or to form an estimate equiva
lent to the road-distance gone over. The toil and depriva
tions were such that hired men, or followers of any class
would not have endured them
APPENDIX VIII-
524
HISTORY OF NEWFOUNDLAND.
The following table has been compiled and kindly furnished for the
of Newfoundland. TABLE OF TRADE, REVENUE, AND'
Amount of Civil
Amount of
Amount of
Qts. Pish
Tuns of Oil
Year
Expenditure
Imports
Exports
exported
exported
& s.
d.
&
*
No.
No.
1805*
("231,200
f 590,460
666,922
4,596£
1810*
P J 447,080
2 J 763,330
773,557
4,678|
1815*
,
.
S 1 659,280
-f 1 1,183,800
1,247,503
7,632
1820*
1580,090
{ 967,000
901,159
9,290f
1822
11,960 9
5
467,752
729,198
881,476
1,520
1823
11,753 4
11
523,329
636,496
864,741
6,400
1826
30,260 3
8
862,443
759.305
963,942
9,343
1835
31,632 9
9
671,374
765,977
1836
36,019 18
6
632,576
850,334
860,354
9,319£
1837
34,489 15
0
769,295
906,705
1838
47,172 9
0
639,268
829,605
724,515
8, 625 J
1839
42,822 3
7
710,557
901,385
865,377
8,905|
1840
39,347 2
4
784,045
983,961
915,795
12,724^
1841
40,787 17
8
800,423
952,525
1,009,725
10,609|
1842
1843
59,830 13
4
741.965
960,461
932,202
12.346J
1844
66,379 5
6
770,016
882,905
852,162
10,280
1845
62,703 18
7
801,330
939,436
1,000,233
8,804|
1846
74,050 1
0
802,247
759,103
879,005
6,703
1847
74,873 16
7
843,409
806,565
837,973
9,525
1848
62,071 18
7
769,628
837,581
920,366
10,321A 8,597J
1849
66,262 2
1
770,190
876,567
1,175,167
1850
71,807 1
5
867,316
975,770
1,089,182
10,302|
1851
75,770 15
1
943,191
959,751
1,017,152
10,852|
1852
90,409 8
10
795,758
965,772
972,921
11,633
1853
93,066 4
9
912,095
1,170,503
922,718
12,299?
1854
77,492 15
10
964,527
1,019,572
774,117
9,272°
1855
120,926 3
8
1,152,804
1,142,212
1,107,388
8,056
1856
105,845 16
5
1,271,604
1,338,797
1,268,334
9,650£
1857
116,748 13
0
1,413,432
1,651,171
1,392,322
12,487|
1858
173,965 8
9
1,172,862
1,318,836
1,038,089
12,097^
1859
114,599 1
3
1,323,288
1,357,113
1,105,793
10,579* 9,892| 8,606}
1860
120,728 4
2
1,254,128
1,271,712
1,138,544
1861
126,753 5
9
1,152,857
1,092,551
1,021,720
1862
138,058 17
6
1,007,082
1,171,723
1,080,069
16,637
* For these years the returns do not furnish the vah/e of the goods imported or exported, only the
quantities of each article ; so that the sterling amount for either the imports or exports is only an
approximation, being based upon the prices paid and given for the various articles at the present time.
APPENDIX VIII.
525
purposes of this work by the Honourable John Bemister, Eeceiver-Greneral
EXPENDITURE FROM 1805 TO 1862.
Seal Skins
Tonnage>f Vessels
n Colony
Vessels
Amount of
Amount of
Ships
Ships
exported
built
Bevenue
Debt -
entered
cleared
No.
& *. d.
£ «. d.
No.
No.
81,088
*
in 1804
.
550
467
118,080
' r— "
619
600
126,315
30
.
852
874
213,679
730
752
306,982
9,174 8 2
749
748
230,410
14,296 11 10
753
741
292,007
25,614 9 7
42,297 8 2
851810
825
833
384,321
' 24 '
46,187 13 4
40,471 9 7
851
. 925
785890
375,361
' 28 '
34,527 15 5
817
832
437,501
16
-32,640 11 8
861
834
631,385
31
43,863 14 1
1,005
952
417,115
33
44,143 3 10
964
920
651,370
24
50,884 18 4
1,171
1,071
685,530
60,233 2 9
1,130
1,045
352,702
' 32 '
60,303 8 9
1,189
1,123
265,169
31
76,760 17' 10
1,219
1,222
436,831
17
69,049 14 11
1,155
1,181
521,604
59,300 17 11
/
1,101
1,040
306,072
69,405 5 1
1,149
1,077
about 598,860
' 30 '
82,652 0 .8
106,701 17 4
1,220
1,102
511,630
39
80,395 14 2
103,718 14 8
1,230
1,080
534,378
38
83,925 6 2
111,712 1 4
1,246
1,015
521,783
45
93,857 17 10
114,820 0 0
1,221
1,050
398,870
42
81,007 6 10
113,558 8 0
1,073
925
293,083
44
126,448 12 4
151,804 14 8
1,077
963
361,317
118,831 15 8
167,257 18 0
1,327
1,140
496,113
149,324 9 11
176,706 15 8
1,538
1,314
507,624
' 68 '
141,128 4 3
175,650 18 5
1,440
1,266
329,185
52
124,799 2 6
177,018 17 4
1,423
1,278
444,202
52
133,608 1 7
182,139 0 3
1,421
1,296
375,282
58
90,043 10 7
180,988 7 5
1,337
1,159
268,624
26
116,929 17 1
173,642 12 11
1,345
1,159
* Not known.
INDEX.
ABO
ABORIGINES, referred to, 121, 184,
226, 227, 228, 254, 261, 262,
A338, 340
Academy at St. John's, Act for, 412
gricultural Society, address of, to
Governor Harvey, 423
America, discovery and early settle
ment of, 1 — 16 ; independence of,
103 ; war with, 271 ; peace with,
305 ; convention with, 325 ; refer
red to, 128, 137, 315, 316,360, 418
Amherst, General, 72, 76
Anne, Queen, 58
Anspach, quoted, 169, 174, 185, 227,
266, 274
Atlantic telegraph, 443, 444
Attorney-general, office of, 334
Attorneys, unqualified, 333
BACON, Lord, the opinion of, 21
Baltimore, Lord, grant of Avalon
to, 22 j grant of Maryland to, 23 ;
revival of the claims of, 7 1
Bannerman, Sir Alexander, Governor,
administration of, 433 ; dismissal of
Ministry by, 435 ; opening of New
Assembly by, 436 ; suppression of
riots by, 437 ; defence of measures
of, 438; letter of explanations by,
439 ; reception and entertainment
of the Prince of Wales by, 447
Barton, Lieutenant-Governor, 219
Beauclerk, Lord Vere, 64, 65
Benevolent Societies, 244, 245
Berlin decree, effect of, on the fish trade,
250
Berry, Sir John, 32
Bishopric of Newfoundland, creation
of, 413
Bland, Mr. John, 184
Bona Vista, Cape, 31, 38, 86, 411
Bonfoy, Governor, 88, 97
Bonnycastle, Sir Richard, quoted, 153
Boston, liberality of the inhabitants
of, 315 ; letter of Governor Pick-
more to, 317
COO
Boulton, Chief Justice, public dissa
tisfaction with, 400 ; retirement of,
402
Bourne, Chief Justice, 407
Bowker, Captain, Deputy Governor,
321
Bradstreet, John, Esq., 71
Brooking, J. H, Esq., 351, 371
Buchan, Captain, expeditions of, 262
— 264, 339; memorial to, 308
Burial, rights of, 259
Burin, 188
Bulls, the Bay of, 75, 76, 172
Burnett, Thos., Esq., 93, 96
Byron, Hon. T., Governor, 111, 113,
121
CABOT, John, royal letters patent
to, 5
Cabot, Sebastian, discovery of New
foundland by, 6 j name of, given by
the Prince of Wales to his New
foundland dog, 448
Campbell, J., Governor, administra
tion of, 138, 148
Carbonier, 36, 45, 78, 257
Careen, David, 85
Carleton, Captain, 44
Carson, Dr., pamphlets by, 289, 290
Carter, Mr. Robert, 78
Cartier, Jacques, visit of, to St. John's, 8
Charles I, commission of, 28
Church of England, referred to, 154,
185, 204, 255, 259, 298, 359, 413
Churchward, Captain, 393
Circuit Courts, 336, 348, 349
Cochrane, Sir T. J., Governor, 342 j
special commission to, 343 ; mea
sures of, for relief of pauperism, 345 ;
promulgation by, of the royal char
ter of justice, 346 ; fondness of,
for official display, 351 ; improve
ment of roads by, 352 ; erection of
Government House by, 357 ; visit
to England of, 370 ; new commis
sion to, 371 ; publication of the
528
INDEX.
COD
royal proclamation by, 373 ; ad
dress to the Assembly by, 375 ;
eulogised by opponents, 384 ; recall
and shameful treatment of, 38 6
Cod, Cape, 17
Cod fishery, the, the early discovery of,
19; value of, 51; extraordioary
bounties connected with, 149; re
gulation of, 150, 151 ; extent of
yield of, in 1796, 169 ; in 1804, 233;
Palliser's Act on, 112; effect of
European war on, 250 ; convention
with United States concerning, 325
Codnor, Mr. Samuel, appeal for edu
cational measures seconded by, 337
Colclough, Chief Justice, threatening
letter to, 293
Colonial records, referred to, 81, 90,
95, 233, 241
Colville, Lord, 76, 77
Conception Bay, 24, 45, 84, 161, 330
Conflagration at Harbour Grace, 275;
— at St. John's, 299, 311, 312
Congregational Church, 461 — 2
Cottage, Virginia, 358
Cook, Captain, -promotion of, by Pal
liser ; presence of, at the recapture
of St. John's, 124 ; general services
of, 125
Cormack, expedition of, 341 et 506 app.
Coughlan, the Rev. L., introduction of
Methodism by, 458—460
Council, the Governor's, establishment
of, 343 ; new constitution of, 374 ;
collision of, with the Assembly, 376
Cozens, Mr., referred to, 360
Credit, the system of, origin of, 205 ;
evils of, ',207, 306 ; condemnation
of the, by Governor Gower, 238
Croque Harbour, 106, 257
Cubit, Mr., 302
Cull, William, referred to, 2 52, 254, 340
DALHOUSIE, Lord, 309, 312
Darling, C. H., Governor, 430
Darnley, Lord, 331
Derby, Lord, 409
Dorrell, Governor, measures of,
against Irish immigration, 91 ;
against priests and masses, 93 ; ex
planation of the severity of, 95
Doyle, Martin, 88
Drachart, Christian, 123
Drake, Capt. F. W., Governor, 70
Drake, Sir Francis, 20
Duckworth, Governor, tour of, to the
outposts, 257 ; proclamations by, to
the Mic-Mncs, 257; re native Indians,
GOV
261 ; report of, to Lord Bathurst,
277—280
Duff, Admiral, Governor, 191
Dunscombe, J., Esq., 351
EDGELL, Captain, special com
mission to, 221
Edwards, Governor, defensive mea
sures of, 130, 136; acknowledge
ment of the loyalty of Volunteers
by, 136
Elliott, Governor, administration of,
143 ; correspondence with Prince
William, 143 ; letter to Lord
Sydney, 144 ; difficulties with
Irish Catholics, 145
Emancipation, Catholic, agitation for,
367; letter in reply, by Governor
Cochrane, 368 ; extension of, to
Newfoundland, 309
Emerson, Mr., 408
FERRYLAND, 22, 67, 133, 144
Fire Society, 164
Fishing-Admirals, 37, 53, 55, 59, 68;
functions of, 145
Fitzgerald, John, 191
Fleming, Bishop, letter of, 369, n
opposition of, to Mr. Winton, 381
letter to Lord Glenelg from, 379
speech on Unity, by, 384
Fogo, 224, 237
France, connection of, with Newfound
land, 8, 19, 20, 26, 33, 35, 37,38,
39, 42, 46, 47, 49, 128, 151, 221,
305
Frobisher, Martin, 8
GALE, in 1846, 421—423
Gambier, J., Governor, 220;
provisions of, for the poor, 222;
for education, 223; for the public
health, 224; circular to the clergy,
226; letter to Lord Hobart, 229
Garland, C, Esq., 93
Germain, Lord George, 135
Gilbert, Sir Humphrey, enterprise of,
11 ; second expedition — annexa
tion of Newfoundland by, 13 ;
death, 14
Gladstone, Right Hon. W., 419
Gobbett, Elizabeth, 97
Goderich, Viscount, 369
Goulburn, Right Hon. Mr., 331
Government, responsible, 426 — 430
Government House, erection of, 357;
cost of, 357, n
Governor, first appointment of, 64;
INDEX.
529
GOW
functions of, 82 ; salary of, 246, 256 ;
council of, 343
Gower, Sir Erasmus, Governor, 238,
242, 243, 244, 245
Graham, Mr., 159
Graves, Capt., Governor, 76, 103
Graydon, Admiral, 42
Grey, Earl, 426, 431
Guy, Mr. John, 25, 200
HALY, W., 351, 374
Hamilton, Ker B., Governor, 429
— Sir W., Governor, 322
Harbour Grace, 81,92, 95, 117, 156,
223, 257, 353
Harbour Main, 92, 93
Harvey, Sir John, Governor, 422
Haven, Mr. Jens, 123
Henry VII., encouragement to trade
by, 5, 7, 8
— Prince, of the Netherlands, visit
of, 413
Hobart, Lord, 229
Holland, Lord, 370
Holloway, J., Governor, 247, 248,
252, 253, 254
Hospital, foundation of, 270
Hoyles, N. W., Esq., 351
Howick, Lord, 369, 372
Huskisson, Right Hon. W., 361
TNGLIS, Bishop, 154
i_ Irish, immigration of, 21, 23, 24,
201, 307
— Measures against the, 91, 115, 187
— Riotous disturbances by, 116, 117
— Factions of the, 294, 296
JOHN'S, St., 10, 13, 24, 38, 43, 61,
>J 70,74,124,140, 210,232,242,
267, 312, 362, 436, 445
Jones, Rev. John, 138
Judicature, 37, 53, 64, 82, 145
— Extemporised Court of, 61
— Supreme Court of, 161, 162, 335,
346
Justice's justice, examples of, 85, 86,
97,98
Surrogates, Court of, 146, 147, 337
KEATS, Sir Richard, Governor,
police regulations of, 280 ;
grants of land by, 261; letter
from, 282, 283
MIQ
Keen, Mr., 87, 88, 89
Kent, the Duke of, correspondence
with Governor Waldegrave of, 183
— Mr., 378, 404, 405, 406, 407, 409,
434, 435
Kielly, Dr., 404
King, Sir Richard, Governor, 163
Kirk, Sir David, 23
LABOUCHERE, the Right Hon.
H., 432
Labrador, the, 8, 109, 122, 123, 253,
257,336
Lambert, Bishop, 259, 296
Larkin, Mr. George, report by, 56
Latona, mutiny on board the, 175
Lawry, Lieut., the murder of, 167
Leake, Capt., 42
Ledger, Public, 380, 382
Legislative Assembly, the constitu
tion of, 373
Convocation of, 373, 374
Le Marchant, Sir Gaspard, Governor,
425
L'Esperance, Baron de, 129
Lester, B. L., Esq., M.P., 363
Lighthouses, 410
Lilly, Judge, 405, 406, 407
Liverpool, the Earl of, 262, 265
Lloyd, Major, 44
Lott, Mr., assaults on, 396, 397
Lushington, Dr., 331, 408
MACARTY, Felix, 117
McDonald, Jeremiah, 86
— Nicholas, 210
Mackintosh, Sir James, 33 1
McMurdo's Library, destruction of,
417
Mahon, Lord, quoted, 74
March, Mary, 339
Marriage, irregularities of, 202, 203,
301
— Alteration in the laws of, 377
Marroty, Jeremiah, 191
Martin, Montgomery, quoted, 153
Mayors, English, singular jurisdiction
of, 29
Merchants, policy of, 27, 30, 31, 156
— Singular petition of, 155
— Memorial in favour of education
by, 337
— The Society of, 260, 268; 287
Mic-Macs, the, 121, 122, 257
Milbanke, Mark, Governor, 158, 160
Miquelon, 79, 129, 164, 220, 253
M M
530
INDEX.
MIS
Miscellaneous facts — Newfoundland
dogs, 155; mad dogs, 292; intro
duction of coal, 157
Montagu, Governor, 129, 130
Moore, Capt, 1,16
Mooren, Michael, 85
Moravians, origin of the mission of,
123
Morris, Capt., 161
Morris, P., Mr., letter of, 361
Pamphlets of, 264, 265
Speech of, 384
Mullock, Bishop, letter of, 460
Murray, Admiral, 165
NARROWS, the, 74, 77, 135
Navy, the British, 150, 175,
181, 197, 285
Neal, Dennis, 117
Nesmond, the Chevalier, expedition
of, 38, 39
Newcastle, the Duke of, letter of, 429
— Visit to the colony of, 448
Newfoundland, 1, 2, 6, 8, 10, 15, 18,
26, 32, 40, 53, 55, 57, 64, 99, 150,
155, 158, 167, 197, 221, 288, 304,
371, 389
— Governors of, 64, 70, 76, 81, 88, 91,
92, 105, 111, 121, 129, 130, 138, 143,
158, 163, 165, 174, 191, 219, 220,
238, 247, 257, 280, 300, 322, 342,
422, 425, 429, 430, 433
Newspapers, 243, 244, 248, 380, 382
Nova Scotia, alluded to, 19, 33, 46,
47, 60, 79, 121, 136, 154
the Bishop of, 154; visitation
of, to Newfoundland, 358; report
by, 359
O'DONNEL, Bishop, good service
of, 213j 216
Letter of, 226; referred to,
240
Ogden, Mr., letters from, 188, 217, n
Orders in Council, 249
Osborne, Capt. Henry, first Governor,
64, 65, 66, 67, 68
Oyer et Terminer, Commissioners of,
69, 83, 159
PAKINGTON, Sir John, 427
Palliser, Sir Hugh, Governor,
administration of, 105, 107,
109, 111, 113, 118, 123
the Act of (commonly called),
opinion of the Act of, by Reeves, 113
QUI
Pamphlets — Carson's, 289, 290; Mor
ris's, 264, 265; anonymous, 363
Panic, the, of 1815, 305, 306
Paris, treaty of, the first, 79; the
second, 288 ; the third, 431
Pauperism, 186, 224, 345
Peter's, St., 100, 101, 121, 129, 164,
220
Peyton, the Indian expedition of,
338
Pickmore, Sir F., Governor, adminis
tration of, 300, 314; letter of, to
inhabitants of Boston, 317; death,
319, 320
Pierre, St., 79, 164, 220
Pike, John, 84, 85
Pilgrim Fathers, 17
Pine, Cape, 41 1
Pitt, Mr., the Premiership of, 72, 73;
speech on Newfoundland by, 80
Placentia, 37, 43, 57, 224
Pole, Charles Morice, Governor, 219
Political feeling, growth of, 291
Political reform, demand for, 331,
332, 361, 369, 371
Poole, Sir W., 23.
Population in 1785, 153; in 1802,
221; in 1805, 233; in 1809, 274;
in 1814, 289; in 1816,304
Portland, the Duke of, 187, 188, 190
Portugal Cove, 353, 414
Post-Office, establishment of the,
241
Destruction of the, 417
Power, Father, 145, 296
Presbyterian Church, 462
Prescott, Capt., Governor, 386, 413
Price Current, 235, 236, 237, 284
Pringle, Lieut. -Col., 140
Privy Council, 401, 403, 408
Propagation of the Gospel, the Society
for, aid to Newfoundland from,
185, 204,256
Property in land, question concern
ing, 118, 140, 200
Prohibitions against holding,
119
Commission of enquiry into,
140
Letter of Waldegrave on, 191
Steps towards acquiring, 265 ,
266, 281
Public Houses, Memorial on, 154
69, 110
a
UIDI VIDI, 75, 444, 448
Quirpon Islands, 325
INDEX.
531
KAC
EACE, Cape, 22, 31
Raleigh, Sir Walter, 11, 12
Range, Thomas, the petition of, 84
Ray, Cape, 19, 152, 325
Reeves, Chief Justice, appointment
of, 161
the history of Newfoundland
by, 162. Quoted passim.
Renews, Harbour of, 132
Richery, Admiral, 174
Ridley, Mr., assault on, 399
Road-making, 353
Roberval, 8, 16
Robinson, Mr. Bryan, 405
Rodney, George Brydges, Admiral,
81, 82, 84
Roman Catholic Church, 92, 93, 95,
114—116, 137, 259, 274, 460
Royal Bounty, the capture of the,
272
Royal Charter of Justice, 346, 350
Royal Gazette, the, 243, 248
Rum, duty on, 277
Ryan, Mr. John, 243
SABINE, Mr., 302
Salmon-Fishery, 108, 234
Scallan, Bishop, 379
Schlozer, Christian Andrew, 123
Seal-fishery, 194, 195, 309, 318
Ship-building, 235
Ships' fishing-rooms, 140, 231, 257,
267,279
Shuldham, Commodore Molineux,
Governor, 111, 113
Skerrit, Major-General, 213, 239
Small-pox, 219, 274
Spear, Cape, 410
Spencer, Dr. George Aubrey, Bishop,
413
Statistics, 232, 233, 235, 246
Stirling, Dr., 393
Supreme Court, 346, 348
Surrogates, origin of, 146
— Limitation of the jurisdiction of,
147
— Abolition of the Courts of, 337
Sydney, Lord, 143, 157
TERNAY, M. de, expedition of,
75
Theatrical representations, introduc
tion of, 245
Thomas, Mr. W., 371
Tobyn^eoige; 96
Torbay, 75, 353
Townshend, Fort, 134, 136
Trade, the growth of, 169, 232, 233.
234, 235, 250, 297, 304, 305, 310
— Memorial on the state of, 329
— the Board of, 32, 57, 58, 60, 64,
69, 110
Tucker, Chief Justice, 344, 376
Twillingate, 224
TTNDERWOOD, Capt., 44
U Utrecht, the treaty of, 47, 48, 57,
79, 99, 151
¦T7ICE-ADMIRALTY, the Court
V of, 147, 148
Volunteers, 178, 239, 259, 271
WALDEGRAVE, W., Governor,
administration of, 174, 193,
194; letters by, 175, 187, 190, 191;
remarkable address by, 176 — 178
Webb, Governor, mentioned, 92
Wales, the Prince of, the visit of His
Royal Highness, to St. John's, 445
—449
Wallace, Sir James, Governor, ad
ministration of, 165, 166, 167, 170,
171
Waterford Bridge, 354
Wesleyan Church, 458—460
Whipping, the punishment of, 86, 87,
138, 139, 330
William HI. , the statute of, 51, 53,
55, 58, 109
William Henry, Prince (William IV.),
the correspondence of, with Go
vernor Elliott, 142 — 145
Winton, Mr., 380; assault on, 391;
mutilation of, 392 ; memorial to, 39 5
Wynne, Capt., 22
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INDEX.
Acton's Cookery-Book 32
Afternoon of Life 22
Agassiz on Classification 16
Alcoek's Japan , 2
Alpine Guide(The) 11
Arago's Scientific Biographies 6
Arago's Meteorological Essays 6
Arago's Popular Astronomy 6
Arago's Treatise on Comets 6
Arbuthnot's Herzegovina 12
Arnold's Manual of English Literature.... 11
Arnold's Poems 29
Arnold's Merope 29
Arnold on Translating Homer 11
Arnott on Progress 29
Autobiography of Charles V.. 2
Ayre's Treasury of Bible Knowledge 28
Bacon's Life, by Spedding 4
Bacon's "Works 4
Ball's Guide to the Western Alps 11
Bayldon's Rents and Tillages 35
Beard's Port-Royal 9
Berlepsch's Alps 12
Black on Brewing 32
Blaine's Encyclopedia of Rural Sports 20
Blight's Land's End 14
Boner's Forest Creatures 18
Bourne on the Steam Engine 34
Bourne's Catechism of ditto 34
Bowdler's Family Shakspeare 28
Boyd's Naval Cadet's Manual 34
Brande's Dictionary of Science 16
Brdhaut on Cordon-Training 36
Brodie's Psychological Inquiries 15
Brinton on Food 32
Bristow's Glossary of Mineralogy 17
Bromfield's Brittany and the Bible 14
Brunei's Life, by Beamish 4
Bull's Hints to Mothers 32
Bull on Management of Children 32
Bunsen's Hippolytus 9
Bunsen's Outlines of Universal History ... 9
Bunsen's Analecta Ante-Nicsena 9
Bunsen's Ancient Egypt 9
Bunyan's Pilgrim's Progress, illustrated 26
Burke's Vicissitudes of Families 6
Burn's Agricultural Tour in Belgium 14
Burton's Lake Regions of Central Africa.. 13
Burton's Footsteps in East Africa 13
Burton's Medina and Mecca 13
Burton's City of the Saints 13
Cabinet Lawyer (The) 35
Calderon's Dramas, by MacCarthy 29
Calvert's Wife's Manual 27
Cats' and Farlie's Emblems 26
Chorale-Book (The) for England 26
Clark's Comparative Grammar 10
Clough's Lives from Plutarch 7
Colenso on the Pentateuch 1
Collyns on Stag-Hunting 20
Comyn's Ellice, a Tale 22
Conington't Chemical Analysis 16
Conington's Qualitative Analysis 16
Contanseau's French Dictionaries 10
Conybeare and Howson's St. Paul 8
Copland's Dictionary of Medicine 15
Cotton's Instructions in Christianity 28
Cox's Tales from Greek Mythology 7
Cox's Tale of the Great Persian War 7
Cox's Tales of the Gods and Heroes 7
Cox's Tales of Thebes and Argos 7
Cresy's Encyclop. of Civil Engineering — 31
Cricket Field (The) 21
Cricket Tutor (The) 21
Crowe's History of France 3
D'Aubigni's Calvin 2
Dead Shot (The) 20
De la Rive's Reminiscences of Cavour 2
De la Rive's Electricity 16
De Tocquemlle on Democracy 2
De Witt's Jefferson 2
Dollinger's Gentile and Jew 8
Dove's Law of Storms 18
Easflake on Oil Painting 5
Eclipse of Faith (The) 24
Defence of ditto 24
Essays and Reviews 24
Fairbairn's Information for Engineers 31
Fairbairn's Treatise on Mill work 31
Fitz Roy's Weather Book 18
Folkard's Sailing Boat 21
Forster's Life of Eliot 2
Fowler's Collieries 33
Freshfield's Alpine Byways 11
Freshfield's Tour in the Grisons 11
Garratt's Marvels of Instinct 19
Goldsmith's Poems, illustrated 28
Goodeve's Elements of Mechanism 32
Green's English Princesses 4
Greene's Manual of Ccelenterata 18
Greene's Manual of Protozoa 18
Greyson's Correspondence 24
Grove on Physical Forces 17
New Worlcs published by Longmaa and Co.
39
Gmlt's Encyclopaedia of Architecture 31
Hartwig's Sea 18
Hartwig's Tropical World ; 18
Hassall' s Freshwater Alga? 36
Hassall's Adulterations Detected 36
Havelock's Life, by Marshman 6
Hawker on G uns and Shooting 20
Herschel's Outlines of Astronomy 17
Herschel's Essays 17
Hinchliff's South American Sketches 12
Hind's American Exploring Expeditions .. 13
Hind's Labrador 13
Hints on Etiquette 20
Holland's Essays 14
Holland's Medical Notes 14
Holland on Mental Physiology 14
Hooker's British Flora 36
Hopkins's Hawaii 13
Home's Introduction to the Scriptures .... 27
Home's Compendium of ditto 27
Hoskyns' Talpa 21
Howard's Athletic Exercises 21
Hewitt's History of the Supernatural 24
Howitt's Remarkable Places 14
Howitt's Rural Life of England 14
Howson's Deaconesses 23
Hudson's Directions for Making Wills 36
Hudson's Executor's Guide 36
Hughes's Geography of History 30
Hughes's Manual of Geography 30
Jameson's Saints and Martyrs 25
Jameson's Monastic Orders 25
Jameson's Legends of the Madonna 25
Jameson's Legends of the Saviour 25
Johnson's Dictionary, by Latham 9
Johnson's Patentee's Manual 33
Johnson's Book of Industrial Designs 33
Johnston's Geographical Dictionary 31
Jukes's Types of Genesis 24
Kalisch's Hebrew Grammar 24
Kalisch's Historical Commentary on Genesis
and Exodus 24
Kemble's Residence in Georgia 2
Kennedy's Hymnologia Christiana 26
Kirby and Spence's Entomology 19
L. E. L.'s Poetical Works 29
Lady's Tour round Monte Rosa 12
Latham's Comparative Philology 10
Latham's English Language 10
Latham's Handbook of ditto 10
Lempriere's Notes on Mexico 12
Liddell and Scott's Greek Lexicons 9
Lindlcy's Horticulture 36
Lindley's Introduction to Botany 36
Longman's Lectures on History of England . 3
Loudon's Encyclo. of Cottage Architecture. . 31
Loudon's Encyclo. of Agriculture 35
Loudon's Encyclo. of Gardening 35
London's Encyclo. of Trees and Shrubs ... 35
Loudon's Encyclo. of Plants 35
Lowndes's Engineer's Handbook 31
Lyra Domestica 27
Lyra Eucharistica 27
Lyra Germanica 26
Lyra Sacra 27
Macaulay's England 3
Macaulay's Essays 23
Macaulay's Miscellaneous Writings 23
Macaulay's Lays of Ancient Rome 29
Macaulay's Speeches 7
MacBrair's Africans 14
MacDougall's Theory of War 33
M'Culloch's Commercial Dictionary ....... 30
M'Culloch's Geographical Dictionary 30
Mating 's indoor Gardener 37
Marcet's Land and Water 35
Marcet's Political Economy 35
Marcet's Conversat. on Natural Philosophy 35
Marcet's Conversations on Chemistry 35
Maunder's Biographical Treasury 37
Maunder's Geographical Treasury 37
Maunder's Historical Treasury 37
Maunder's Natural History 37
Maunder's Scientific and Literary Treasury 37
Maunder's Treasury of Knowledge 37
May's England 1
Memoir of Sydney Smith 7
Memoirs, &c. of Thomas Moore 8
Mendelssohn's Letters 12
Menzies' Windsor Great Park 3
Merivale's RomanB under the Empire 3
Merivale's Fall of the Roman Republic 3
Merivale's CH.) Lectures on Colonisation.. 30
Meryon's History of *1 edicine 5
Miles on Horse's Foot 20
Miles on Shoeing Horses 20
Moore's Lalla Rookh 28 '
Moore's Irish Melodies 28
Moore's Poetical Works 28
Morell's Mental Philosophy 15
Morell's Elements of Psychology 15
Morning Clouds 22
Morton's Royal Farms 1
Morton's Dairy Husbandry 34
Morton's Farm Labour -. 34
Mosheim's Ecclesiastical History 25
Midler's Lectures on Language 10
Munk's College of Physicians 5
Mure's Language and Literature of Greece 3
My Life, and What shall I do with it? 22
Neale's Sunsets and Sunshine 22
Odling's Chemistry 16
Owen's Comparative Anatomy and Physio
logy of the Vertebrate Animals 15
Packe's Guide to the Pyrenees 12
Parry's Memoirs 6
Peaks, Passes, and Glaciers 11
Pereira's Materia Medica 17
Perkins's Tuscan Sculpture 29
Peschel's Elements of Physics 17
Phillips's Guide to Geology 17
Phillips's Introduction to Mineralogy 17
Piesse's Art of Perfumery 21
Piesse's Chemical Wonders 21
40
New Worlcs published by Longman and Co.'
Piesse's Chemical and Natural Magic 21
Pietrowski's Siberian Exile 1
Porson's Life, by Watson 5
Practical Mechanic's Journal 33
Problems in Human Nature 22
Pycro/t's English Reading 25
Ranken's Canada and the Crimea 12
Kecord of International Exhibition 33
Rhind's Thebes 12
Rkh's Roman and Greek Antiquities 7
Rivers's Rose Amateur's Guide 37
Robertson's Mission to the Danish Isles .. 2
Rogers's Essays .' 24
Roget's English Thesaurus 10
Romance of a Dull Life 22
Ronalds's Fly-Fisher 20
Rowton's Debater 10
Sandford's Bampton Lectures 24
Saxby on Projection of Sphere 34
Saxby on Study of Steam 34
Scoffern on Projectiles 33
Scott's Lectures on the Fine Arts 5
Scott's Volumetrical Analysis 16
Serope on Volcanoes 16
Sewell's Ancient History 7
Sewell's Early Church 7
Semell's Passing Thoughts on Religion 25
Sewell's Silf-Examination for Confirmation.. 25
Sewell's Readings for Confirmation 25
Sewell's Readings for Lent 25
Sewell's Impressions of Rome, &c 13
Sewell's Stories and Tales 22
Sharp's British Gazetteer 31
Short Whist 21
Sidney's (Sir P.) Life, by Lloyd 4
Sieveking's (Amelia) Life 4
Sieveking's Principles of Charitable Work . . 5
Smith's (J.) St. Paul's Shipwreck 8
Smith's (G.) Wesleyan Methodism 8
Social Life in Australia 13
Southey's Poetical Works 29
Southey's Doctor 29
Stephen's Essays 23
Stephen's Lectures on the History of France 23
Stephenson's Life, by Jeaffreson and Pole. . 4
' Stonehenge' on the Dog 19
' Stonehenge' on the Greyhound 19
Strickland's Queens of England 4
Sydney Smith's Works :' 23
Sydney Smith's Moral Philosophy 23
Tate on Strength of Materials 18
Taylor's {Jeremy) Works 25
Tenncnl's Ceylon 19
Tenncnt's Natural History of Ceylon 19
Tennent's 'Story of the Guns' 2
Theologia Germanica 26
Thirlwall's Greece -a--"
Thomson's Interest Tables 30
Thovtsou's Laws of Thought 15
Thrupp's Anglo-Saxon Home 4
Todd's Cyclopaedia of Anat. and Physiology 15
Trollope's Warden ¦ 23
Trollope's Barchester Towers 22
Twiss's Law of Nations 1
Tyndall on Heat 15
TyndaU's Mountaineering 11
Ure's Dictionary of Arts, Manufactures,
and Mines.. r 32
Van Der Hoeven's Handbook of Zoology .. 15
Villari's History of Savonarola 6
Warburton's Life, by Watson 5
Warter's Last of the Old Squires 22
Watts's Dictionary of Chemistry 16
Webb's Celestial Objects 17
Webster and Parkcs's Domestic Economy. . 32
Wellington's Life, by Gleig 6
Wesley's Life, by Southey 8
West on Children's Diseases 33
White and Riddle's Latin Dictionary 9
Wilson's Bryologia Britannica 30
Willich's Popular Tables 30
Wit and Wisdom of Sydney Smith 23
Woodward's Chronological and Historical
Encyclopaedia 5
Woods's Geology of South Australia G
Worms on the Earth's Motion 17
Wyndham's Norway 13
Yonge's English-Greek Lexicon 9
Youatt's work on the Horse 19
Youatt's work on the Dog 1 g
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