The Story of Newfoundland

by Earl of Frederick Edwin Smith Birkenhead

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

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

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

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

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 The following year a supreme Court of Civil and Criminal Judicature was instituted which superseded the Court erected the previous year, put an end to the authority of the "fishing-admirals," of the Courts held in summer by surrogates (naval commanders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

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

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

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

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

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