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JOHN'S, NEWFOUNDLAND. LONDON: LONGMAN, GEEEN, LONGMAN, EGBERTS, & GEEEN. 1863. the ri{)ht of Iriimhitinn in fenfrrcfl. p'4 -> t THIS 'IIISTOKY OF NEWFOUNDLAND THE AUTIIOU DKniCATHS («Y permission) TO THE MOST NOBLE THE DUKE OF NEWCASTLE, K.G &c. &c. PRINCIPAL SECRETARY OF STATE FOR THE COLONIES, AS A MAKK OF ESTEEM FOU THE ADMIUAIiLE QUALITIES DISPLAYED "Y IMS GliACE IN THE ADMINISTHATION OF COLONIAL AFFAIHS, AND AS A HUMIiLE MEMENTO OF THE VISIT OF THE PKINCE OF WALES TO THE ISLAND IN 1860, ACCOMPANIED I.Y HIS GRACE -AN EVENT -n-lIICH GRATIFIED AND CONFIRMED THE LOYALTY OF THE COLONY, UROUGHT FOR THE FIRST TIME Tl ITS SHORES A CABINET MINISTER OF GREAT BRITAIN, AND SECUIu .. voR THE INHABITANTS, IT IS HOPED, A PERMANENT PLACE IX THE KINDLY HECOLLECTIONS ALIKE OF THE MINISTER OF STATE AND OF THE HEIR-APPARENT TO THE THRONE. r ; ■ PREFACE 0j»- rpHE present History of NewfouTidliiiKl owes its -*- origin to tlic 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, botli in England and in St. John's, was to show that the pub- lished materials relatino; to the growth and character of the colony were very scanty indeed. In the course of a conversation I had with Sir Alexander Banner- man, the present Governor of the island, about two years ago, His Excellency exj^ressed 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, witli 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 TREFACE. IjljmTK'riTiuii, from wliicli the following extracts Jire taken. Jlis 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 sjn'ing of 1800, I was informed by the Colonial IMinister that in all i)robal)ility the Prince of A\"alcs would first set foot in the AVestern 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 informa ion as might be interesting tollis Koyal 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 l)OSsession of the Crown, as they show what Newfoundland Avas 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 Fishing 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 I'KKL'ACE. IX he was kind enough to write me a note, in Avliicli (after some complimentary allusions to the author, which it is unnecessary to insert here) occiu' 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- numication addressed to me in the month of November 1861 (six months after the riots) : — ' I beg to assure your Excellen'-y that no man is more anxious than I am that the truly Christian sentiments c»f 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, 1 am, yours truly, A. Banneuman, Gov. N.F.L. X PREFACE. • It was my intention to have enumerated and elui- 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, unnecessaiy. 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, 1 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, wliicli 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 1 have been indebted to several parties, more especially to my friend A. Scott, Esq., the able Principal of the tl 1 ■ \- J ■ 1 k I i PK^.FACE. XI General Protestant Academy in St. John's. To liini and to all others who hav^ given me assistance in various ways, I beg to tender my respectful and thankful acknowledgments. C. P. London : August 18(33. Mi CONTENTS -^i*:c CHAPTER I. 1497-1583. Early Discoveries in the Western Exjicdition of Cabot . Conimencemcnt of Cod-fishery Sir Walter Raleiffli Sir irumphrey Gilbert Hemisplicrc PAGE 3 5 9 11 13 CHAPTER H. 1583-1G97. The Pilgrim Fathers . Early French Enterprise Drake and Baltimore . Early Irish Settlers Jm-isdiction of English Mayors Eflect of the Peace of Ryswick 17 11) 21 29 .']9 CHAPTER HI. 1097-1728. The local effect of Enropean Wars French Conquests in the Island . tl '1.'] !i i! XIV (OXTMNTS. 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 CHAPTER IV. 1752-1763. Financial Schemes — Capt. Osborne Difficulties of Criminal Law Revival of Lord Baltimore's Claim, 1754 The Victories of General Wolfe . Topograj)hical Sketch of St. John's Evacuation of St. John's by the French Treaty of Paris, 17G3 . Value of the Colonial Records Rodney's Administration Characteristic Letter from the Governor The Murder of Mr. Keen Governor Dorrell and the Roman Catholics Proceedings against Roman Catholics . State of public Morals in 1757 CIL\PTER V. 176;M775. Prevalence of Contraband Trade . Outbreak of the American Revolution Administration of Palliser . INIcasures in reference to Labrador Sir Hugh Palliser's Act licgulations against Irish Immigrants Riofs in 1701 .... The Question ol' Property in Land The Aborigines and the INIic-Macs The rise of the Moravian Mission Residence of Captain Cook in the Island, 17(52 PAOK 47 49 51 57 01 07 09 71 73 75 77 79 80 81 85 89 91 95 97 101 103 105 109 111 115 110 119 121 123 125 COXTRXTS. XV CHAPTER VI. 1775-1788. Naval Conflicts of the Period Administration of Rear- Admiral Montngu Exhibition of Loyalty in prospect of War Administration of Sir John Campbell Encroachments on Shijis' Rooms . Expense of Government in 1788 . The Court of Vice- Admiralty Bounties to Fishing Vessels . Alteration of French Boundaries, 1783 Miscellaneous — Dogs, Coals, &c. . PAGE 127 129 133 137 111 113 117 119 151 155 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 Waldcgrave 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 IMerchants . Tiie Seal-fishery ..... 159 IGl 1(53 ir,9 171 175 177 185 187 189 195 CHAPTER VIII. General Review — Unfavourable featiu'es of tlic Settlement . 199 Character of the Settlers 201 Laxity in Morals and Religion ...... 203 Origin of the Credit System 205 The United Irishmen . . . . . . . .211 Bishop O'Donnel's good Service . . . . . .213 Military and Civil Conspiracies 215 XVI CONTENTS. CIIAPTEIi IX. 1800-1 807. Administration of Vicc-Admiral Pole Administration of Vice- Admiral Gambicr iMlncational Arrangements . Accounts of the native Indians Administration of Sir Erasmus Gower . Statistics for 1804 — Ship-buildinpr, c^'C. Introduction of the Post-office The First New.spaper .... Benevolent Associations, 1800 PAOR 210 221 223 227 231 233 211 213 245 CHAPTER X. 1807-1812. Administration of Admiral Ilolloway The Berlin Decree and the Fish Trade Permanent Judicial Establishments Ecclesiastical Destitution Administration of Admiral Duckworth Burial liiorhts .... Buchan's Expedition to the Indians Institution of a Fire Sf)ciety Leasing of Ships' Fishing-rooms . CHAPTER XI. 1812-1818. Admiral Duckworth's Report .... Encouragement to the Cultivation of the Soil, 1813 Questions arising from Desertion and Impres.'-ment Dr. Carson's Pamphlets .... Excited Political Feeling .... Threatening Letter to Chief Justice Colcough Iri.'^h Factious in St. John'.s End of Governor Keats's Administration 247 2-10 251 255 257 250 2(53 205 207 . 277 . 281 . 285 280,00 . 202 203,1 205-7 . 207 CONTENTS. XVll CHAPTER XI— continued PAOK 210 221 223 227 231 233 211 213 245 217 2-19 251 255 257 259 2C>:] 205 207 277 281 289,90 . 292 293,1 295-7 . 297 Croat Conflfigi-atioTi in 1810 Adniiiiistnition ol' Admiral Pickinorc IiTogular Marriages Lord liarhur.st's Letter of Inrttruetit>n.s Panic of 1810 .... Second great Conflagration Third great ('onflagrarion Liberality of the Inluihitants of Boston Deatli of Governor Pickmore CHAPTER XIL 1818-1823. Administration of Sir CliUi'lcs Hamilton Further extensive Fires, 1817 Convention with the United States, 1819 Memorial on the stale of Trade, 1821 . Petitions for Political Reform, 1821 Establishment of the Supremo Court, 1 824 Establishment of the School Society, 1823 Intercourse with the Indiftns, 1819 CHAPTER XHL 1825. Administration of Sir T. J. Cochrane . Measures for the Relief of the Poor The Royal Charter, 1826 . ... lioad-making ..... Eroction of Government House . A'isitation of the Bishop of Nova. Scotui, 1825 Agitation for Representative Government Agitation for Catholic Emancipation JMemorial in favour of Reibrm SpoiitaneouH action of the Cmwn . Convocation and first Session of tlie Assembly lieligious and Political Discord Recall of Sir T. J. Cochrane PAOR 299 3(K) 301 303 307 311 313 317 319 323 323 325 329 331 335 337 338 343 344 347 352 357 359 301 307 309 371 373 379 885 ;| I .1 I XVJll CONTKNTS. CITAP'rER XIV. 183rj-184«. Oulrfipoa on Mr. AVinlou ami Mv. Lott. Oiitnige on Mr. Ridley Chargfs against Chief Justice Bonlt.on . Privileges ol the House of As,seiiil)Iy Aef oi' 1812 anieiuling the Constitution Local Acts, Lighlliuuses, ike. Kclucalional ISleasnrcs and (irauts, 181 ^J . New lijshopric of JS'ewfotnidland . Visit of Prince Ilcnry of the Netherlands The Groat Fire of 181 G Great Galo of 1810 .... Cloac of Sir John TIarvey's Administration CHAPTER XV. 18t(;-l860. Agitation for a responsible Executive . Convention with Franco, 1850 Frustration of the Convention Administration of Sir Alexander Bannerman, Dismissal of the Ministry, 1800 . Riots at the Opening of the Assembly, 1801 Defence of the Governor's Proceedings. . Completion of the Atlantic Telegraph . Visit of the Prince of Wales CHAPTER XVr. 1857 31)1-7 . 390 . 402 . 404 . 409 . 411 . 411 . 41.'{ . 4I.'{ . 414 . 121 . 423 425 431 432 4.".3 435 437 439 443 445 ECCLESIASTICAL. History of the Church of England History of the Roman Catholic ('Inirch Histoiy of the Wesleyau INIetliodist Church History of the Congri'gationnl Church . History of the Presbyterian Church 151 455 458 401 402 COiVTEXTS. XIX ArPENDIX. T. Extracts from Captaiu Wlm..boumo'8 Work 11. JJie Coiiuni.Hsion of King Charles IH. Lclter from J. Ot((]cii IV. Narrative of Wiliiaiii Cnll '. V. Cai)taiu liuolian's Narrative Vr. Lord Palmorston'H Letter to Count sJbastiani VII. Comiack's Kxj)f!(litiou VIIL SUitisticui Table pAon '17(; -IHO 482 r.(>2 nor; 524, 5 M A HISTORY OF NEWFOUNDLAND. -0-0*^00- CIIArXER 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 position 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 knoAvn ; but the bays and B / 2 HISTORY OF NEWFOUNDLAND. ! i inlets of the shore arc the seats of a busy and increasing population contributing largely to the commerce of the world. It is proposed in the foUo^ving pages to trace the history of Newfoundland up to the present time, pass- ing rather rapidly over the period of its discoveiy and earlier settlements, — the reader being referred for further information on these points to older books, in which as much as is kno"wn (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 unkno^vn regions in the Western Hemisphere was coincident mth the clearing away of much of the mist of obscurity overhanging the history of Europe EARLY DISCOVERIES IX THE WEST. and ► the :e the , pass- •y and ed for Dks, in ctimes sign of a con- ; of the answer colony from a , and in duced? notions dition? i, legal, ionsoli- s day? useful degree ent of tion of [covery [sphere of the Europe I itself. It l^clongs to a period the most eventful and important in the annals of the world, a i)eriod witness- ing the dawn of the principal changes which, with their momentous consequences, liave given colour to the manifohl charactoiistics, and influenced the very texture of modem life. The English nation was not the least maiked 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. Tlie un- happy feud was brought to an end by the elevation to the throne of Henry VIL, a man who, in addition to the qualities which had enabled him to seize on the crown through the issue of war, liad other qualities fitting him for his position, as being in harmony with rising tastes in the people over whom he was called to rule. Thctio 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 lav fertile lands invitino- adventurous re- search. Strangely enough, the opportunity of being the jiatron 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 02")portunity 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 ^^ew of penetrating into the far East. Was there nothing left to Enaland, 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. in the science and iirt of navic^ation. He was a man distinguished, too, for an enquiring and S2)eculative genius. It is pleasant to ])elieve 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, juid 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 ■sv^orld — islands, countries, regions, and provinces be- longhig 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, 14D7, the Feast of St. John the Baptist (such is the date assigned), the ;!l'j ilii' it 6 IIISTOllY OF NEWFOUNDLAND. sailors caii^i^lit tlie first ^i>;rmi[)sc of Term Nova. It is doubttiil, liowcvcr, whether the land thus made was any part t)f Newtbuudlaud proper, or belonged to the neighbouring coast of Labrador, separated from the island by the narrow straits of Belle Isle. Whatever was tlie locjdity that gave the discoverer wliat he called his prima I'ista^ the time of his discovery was coincident with that of the annual migration of cod fish, for which tliese 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 JJaccalaos, the native ai)pellation of this fish, a name which is perpetuated in a small rocky island, Baccalieu, al)out forty miles to the north of the capital, St. John's, and formhig 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 liistory has no concern. It is sufficient to have noted with a brevity justified by the obscurity of the ori- ginal records, the miumer of tlie 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 hi groi)iiig through tlie maze of tliese older annals, to pass from the turbulent KXrEDITION OF CAIMYr, 1 ail .1 sou first »t' no It the Lileiit jin.'ircliy in which kin<^s mid barons, burp^hors and peasants were spending years in deadly feudal strife, and in their pkicc to see the lioiKJst citizen, not less brave than the former, animated with the s])irit ol" peaceful and humane enterprise, pro])osing 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 Uritish 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 halt' ago alighted to claim a new realm for his country and his king.* For the greater part of a century after this discovery, * The following mc cxtrncts from an account of tlie privy purse expenses of Henry VII., now amongst MSS. of the IJritish 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, 10/. 1498, March 24. — To Lanslot Thirkill of London, upon a prest fur his shipp going towards the New Ilande, 20/. April 1. — To Thomas IJradloy andLauncclot Thirkill, going to the New Isle, 30/. Io03, Sept. 30. — To tho merchants of IJristoll that have been in the Newfounde Launde, 20/. 1504, Oct. 17. — To one that hrought hawkcs from tho New- founded Island, 1/. loOo, Aug. 2o. — To Clays goying to Uichemount, with wylue catta and popyngays of tho Newfound Island, for his cobtii, 135. 4r/. Hi 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 ^9rmrt 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 Cartiev^ 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 Ne"wfoundland 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 uver been tlie l)oint 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 COM^IENCEMENT OF COD-FISIIERY. Race, so, three huiiclred years ag'o, vessels bound on the same track, thouuh their destination nii^-ht he a thousand miles further west, directed their lirsf 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 witliout ostentation came to be attaclied 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 l)e gathered from the chill waters, washing not very alluring shores. It is somewhat remarkable tliat 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 tlie coast to the present time. lUit whcncesoever tlie lishcnnen came, tlie fact is plahi that, from the fii'st discovery of tlie country, tliey did come in great numbers. In 157^, : ;: i|! ! I 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 seekinsT 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 supj^ose that when again it comes before us prominently in the page of history, the elements of a resident population have beo^un to form. It is not until the reign of Elizabeth that we find Newfoundland again associated with -hk, names and aw>. 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 Avits, 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 already possessed by her allies, and he prevailed on Sir Walter Raleigh to embark >vith 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. I . 11,'- 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 o"wn 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 hajD 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 IIUMPIIRF.Y GILBERT. 13 only 10 tons. Sir ITumphrey arrived in tlic 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 Avhose 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 whicli 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 Avith feelings of awe that the crew caught sight of Sir Humphrey calmly sitting on the reeling deck ^vith a book before him, and heard him cry to his companions I 1 14 i Mil ii'in ,:•;■ "'1 • HISTORY or 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 ' aiTived 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 kno^vn 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 doubi(,d 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. ak ,y ]6 CHAPTER ir. 1583-1097. 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 fisheiy, 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 Cartier — mentioned before as touching on Newfoundland, after visiting parts of that island, crossed the gulf on its western side, and passing by u !''' I m iiii'i 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 setth'rs — 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 centuiy 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 ot" 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 I., 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, C V :\m ! ■! 18 HISTORY OF NEWFOUNDLAND. H- i l:ri! 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 mth 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 1G,000Z., 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 tlie Church of England, but these characteristics were soon swamped by accessions from Massaclmsetts, luider 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 Newfouudhmd could not be otherwise than considerably attectcd. On the one liand, 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 boundaiy 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 ■Nvill 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 ^vith the British claimants to sovereignty over the soil. And though this sovereignty is now an undisputed faet, and the flag of Britain is regarded as supreme in all the inhabited parts of the ishmd, yet the French have left, in the names of places on the coast, especitdly on the southern border, urunistakea])le 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 i I h ■ f'i •20 TIISTOllY OF NEWFOUNDLAND. Strait dividing the country from Cape Breton, we find that one lialf the names hiid down are French. Point Enra(j('e^ Tslcs mi,v. Morfs^ Bay Fachense, indicate tlie scenes of diihculties and ]iardshij)s in navigation, whicli Gallic adventurers were the first to experience. Bowie J>(ii/, Chaleur Bay^ and Rencontre Bay ^ preserve the memory of more grateful associations. Chu] Cerf Bay is probably the monument of the success of some mighty hunter, while Petit Fort Ifarbour significantly testifies of military possession. This French nomen- clature is not confined to the south of the island, ])ut 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 whicli we meet with such as 'Old Harry,' ' Pi|)er's Hole,' ' Hell Hill,' ' Seldom-come-bye,' 'Come- by-chance,' iuid others of a like suggestive, but uu- poetic sound. It is now time to resume the thread of the narrative, interrupted for the sake of the foregoing digression. \\\ the )'ear 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. Tn the beginning of the seventeenth century a large amount of interest was evinced by the |>ublic mind in I^^ngland towards this island. In addition to several private adventures, DRAKE AND IJALTIMOIIE. 21 »1 ji compsiiiy was foi'iiUMl under royal sanction, for the purpose of ])roniotin^ its colonisation. Tliis oroani- sation was headed ])y several distinguished names, the most nieniorabio of which is that of the fj^reat Jiacon, whose opinion has often ])een (juoted, that the seas around Newfoundland contained a I'icher treasure than the mines of Mexico and Peru. Under the patrona<^e of this company, a colony was sent out, endowed with a patent conveyin*^ a ^rant of a large ])art of the country. In the yeju' 1()23, another charter was p^ranted, which seems to have made little account of the boundaries of the one just mentioned. It was obtained by Sir George Calvei't, one of the Secretaries of State. This ])ersonage, soon afti^rwai-ds created Lord Balthnore, was a Roman Catholic, a fact which, taken in connection with the times in wliich he lived, may partly explain liis desire to procure a foreign asylum for himself and the adherents of his faitli. Already the Puritan feeling was growing strong in England, and was manifested chiefly in a spirit of intolerance towards the practices and tlie members of the ancient church, i And that was an age concerning which tlm present representatives of no religious body, whether High Church, or l*uritan. Catholic or Protestant, can vindicate the libei'ality of their ancestors. Persecution was a weapon which each alike claimed the I'ight to wield, and wielded in their day of jjower. Sir George obtained for himself and his heirs lordship over an immense tract of country which he called the Province of Avaloti^ from the ancient name of the place in which it is said that '^ I ^ J> 'I' i ill ^: i i { ,1 »■ 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 fishmg, salting, and diying 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 fi'esh 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 effbrts at tillage. Moved by these representations, and perhaps to avoid an anticipated time of trouble m England, Lord Balti- more, with his family, shortly afterwards removed to Ferryljuid, where lie 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 coidd preserve the Uttle colony from the insults of the French, his lordship, after inflicting chastisement on i III '>^'.x IRISH SETTLERS. 23 these troublesome intruders, re-embarked for England, when he obtained from Kins: Charles a ffrant which led to the more noteworthy settlement of Maryland, the principal city of which has handed the name of Baltimore do"wn to posterity. lie still professed, however, to retain his interest in the province of Avalon, and to exercise the right of government over it, by authority dele.^ated 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 1G60. 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 whicd 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 eftbrts of the priesthood. Still "■J i !l ;ll. 24 HISTORY OF NEWFOUNDLAND. ■| ' I i .lii: !l i;^^' *^:i!i; a-i 4 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 overthro-svn, 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. Jolm's of course obtaining the lion's share. There was also a little community in Conceptijon Bjiy, EXTENT AND CHARACTER OF POPULATION. 25 which had been conveyed thither by ]\Ir. John Guy under the auspices of the company already mentioned as i ncluding 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 literally 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 temptmg 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, wdiat 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 civilisation 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 difiered in this respect from the other transatlantic colonies, both French and '^^r d I' !' M ■ ilil- li 26 HISTORY OF NEWFOUNDLAND. mi- ■ III ii'iii III 1 ; ii British. New France was a dominion that was directly governed by old France, which took great interest in its aiFairs ; 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 procui'ing 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 Avere the merchants and shipoAvners 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 Avas 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. i'f: i^ 1 1 , '1; I I I lis n »'H tii. ■•.\ :, I 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 anothei", and use all manner of excess, to the gi'eat 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 durii:g the season or in the mnter 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 thro^ving 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-Eegis, Lynn, Plymouth, Dartmouth, East-Loo, Foye, and Barnstaple were to take cognizance of all complaints against any oiFender 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 fisheiy 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- ,'•- r;^' ;jo HISTORY OP NEWFOUNDLAND. ii'l-li: clijints ; yet, within a few months afterwards, the same merchants, fearin*;^ lest the estate which they wouhl so jealously confine to themselves should fall into the h.'uids of the French, are found petitioning tliat 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 (1G70) 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 dra^vn. 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 ^v^ PETITIONS FOB A GOVERNOR. .'il for the settlement of such an authonsed rule, was again met by a i)rotest fi'om tlie merchants arid owners of ships in the west of KngUxnd. This protest tliey enforced by Avhat professed to be grave and patriotic reasons. The fishery had ]:)een 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.' * r-'h ,! : * Reeves* Newfoundland. 32 HISTORY OF NEWFOUNDLAND. ii I ■ :' i|(i i*^| 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 ^lajcsty'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 tlic fishery. This representation was followed by a rejoinder in the sliapc of a petition on behalf of the inliabitants of NewfouiuUand, 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 EXCROACIBrENTS OF THE FRENCn. the should be heard by their counsel. ' And thus was the question of the convenience and inconvenience of a colony solemnly arp^ued at the council : after which, it was referred to the committee for trade to propose some regulation between the adventurers mid planters, which might consist with the preservation of the interest of the Crown, and the encouraiiement of navigation and the fishing trade.' * 0]ie 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. Tlie commercial enter[)rise of the people of Bordeaux, Kochelle, 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 Iviver 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 nnrrow entrance to its t'"insatlantic dependencies: con- seipiently the ])ursuit of the fishery by its seamen was encouraged, and every opjioi'tunity was inqn'oved to gain a footing in the country itself. This encroaching li 11 • IloPVOrt. n 34 HISTORY OF NEWFOUNDLAND. P4 tendency could not, however, be manifested without a protest on the part of the somewhat sluggish Englisli, 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 tlic 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, it does not appear that the strufi^^linof Government at home found leisure to attend to these distant afiliirs, 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 tlie ties of gratitude, and by the desire to find a counter- [)oise 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 l)oth sides of the Gulf of St. Lawrence. Over a territory of some two hundred miles in extent, l^elong- ing to the British sovereignty, they had built up im- perceptibly an almost undisputed dominion. At Placentin, situated in the bny of that name, a strong fort was erected, sustained l)y other forts standing at intervals idong the shore, and at the same place, a royal S \ I ESTABLISHMENTS OF THE FliENCII. 35 jvovernmcnt 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 tlu; year IGSl, concerning the marine of Fi'ance. In this State paper, Newfoundland is reckoned as situate in those seas which are free and common to all Frencli subjects, pro\dded that they take a license from tlio 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 liis 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, wliicli might be employed for the general purposes of tlie State. Thus that period which is regarded as among tlic 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, -svitnessed tlie j)artial sliding under this alien power of the most ancient of the colonial possessions of the Crown. Not h'ss than half of the inhabited coast of Newfoundland was thus taken under that des[)otic rule, which, while swaying the councils of England to the furtlierance of its ambitious designs, was labouring for the subjuga- tion of the European continent. The revolution of 36 HISTORY OF NEWFOUNDLAND. 1(588 broke the spell of tliis encroaching nutocracj-, and while it tore from around Jjj'itain the fetters of a shameful yoke, afforded a breathing time of hope to the other khigdoms whose independence had been imperilled and attacked. How King AVilliam ren- dered abortive the efforts of the French monarch to sustain armed rebellion in Ireland — how he succeeded in forminjx a leaiiue 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 gener.al history of Europe. The present work is concerned only to notice the effects of the Revolution on the position of Newfoundland as a [)ortion 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 surpiised to learn that he did not pay much attention to the afl'airs of this distant and obscure province. Yet we find that in his declara- tion of war against the French, Nc^vfoundland holds a prominent phice in the grievances which led to the adoption of that measure. The following arc the terms in which the grievance is stated : — 'It was not long since the French took licen. e from the governor of Newfoundland to fish upon that coast, and [)aid a tribute for such licenses as an acknowledgment of CONNECTION WITH EUROrEAN TOLITJCS. .•J7 the sole rii^lit of tlie crown of England to tliiit isljuul ; but of late, the encroachincuts of the French, and His Majesty's subjects trading and fishing there, liad 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 evidentl}^ the five i)er cent, duty imposed l)y Charles I., and the term ' governor ' must l)e taken as denoting the commander of convoy ships, in whom Avas vested the only shadow of governmental authority exercised in the island. But, as it often happens in affairs of war and dii)]o- macy, that the country which figures i)rominently in angry controversy and in justificatory manifestos occupies the smallest i)lace in the transactions arising out of these, so in this case, Newfoundland was no part of the battle-field inaugurated by the foregoing dechu'ation. In that, Beachy Head, La Jlogue, Dun- kirk, and Nanuir, are the names significant of th(! j)osts of fiercest contention. Still, Newfoundland did not escape the sweep of the storm whose turbulent centre was in Europe. The French government at JMacentia seems to have had the clearest ])crception of the interest which the country had in the dispnte, and to have been stimulated to preparation against con- tingencies b}' the parent autli(jrity. In l(ij)2, the garrison sustained an attack on the ibrts by an I'jig- lish squadron, -which it forced to Avithdraw after a * Copied from Audpuch'd llislnry of Ncwfouudhind. 38 HISTORY OF NEWFOUNDLAND. Mil 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 arc 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 ;nts to fill, lUSt THE TEACE OF liYSWICK. 3U 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 1(!97. 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 1 en alleged as a reason for hostilities remained ^vithout 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. I'! \l • 40 HISTORY OF NEWFOUNDLAND. f III CllArXEK 111. 1697-1728. ' M The thirty years which succeeded the ti'Ciity ol llyswick formed a period of sad disorder to the island of Newfouiidhmd. Its distractions arose partly from the frequent attacks of the French, who seemed never weary of harassing the settlements, sometimes eifecting only hasty and wanton damage, sometimes holding the conquests they had made, in all manifesting the undeviating purpose to obtain, if possible, in this country a solid compensation for their humiliations and losses elsewhere. Another source of trial and disorder Avas found in the absence of definite rules, or supreme authority for the government of the peoi)le and the regulation of their various interests. This latter was a defect which, with the increase of the population, the extension and complication of the trade, and the interruptions from foreign invasion, was a growing evil, and it became at length so inconvenient that in 172.^, an attempt was made to rectify it by the appointment of a person partially invested with the authority and functions of a Governor. To present a brief sketch of the causes which led to THE WAll OF TiL 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 paciii- cation of Kyswick, 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 fleath of the king of Spain, who left a ■svill by which the Duke of Anjou, second son of the Dauphin, was declared sole heir of the S2)anish Monarchy — an assignment which was attributed to the intrigues of France, was an event producing great excitement amono- the nations who dreaded the as:- grandiscment of the latter power, Jind provokhig the bitter hostility of England. Before the war bi'oke out (though engagements in prc[)arati()n 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 feel)ler 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 Frencli monarchy such strokes of disaster and shame as brou2:ht it to the verfje of ruin. While this gigantic struggle was going on in tlie world, Newfoundland, the distant frontier to the transatlantic possessions of the two principal powei's engaged in it, was the scene of a chequered sti'il'c. It has been shown in the previous chapter that wliile the English held the eastc'ii and north-eastern coast 4a 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 eflfect 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 b}?^ 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 rilENCU CONQUESTS. 43 make an attempt on Placentia with the ships and forces in the condition in which they were, was altogetlier 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, contrastmg 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 Avhat was going on in the other settlements until beyond Mid- summer 170(), when a report was brought that tlio French were fishing in the harbours to the northward. I I 44 HISTORY OF NEWFOUNDLAND. fMHIi I ■m under the protection of several vessels of war. Fortu- nately, there were in the harbour of St. John's at the time, Captain Underwood, of the queen's ship, the ' Falk- land,' and Captain Carleton of the 'Non-Such.' These, inuved by a 2)etition from the merchants, ship-masters, and the inhabitants generally, set forth for the pro- tection of ihc British trade. They were accompanied by Major Lloyd who, with a portion of his trooi)S, 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 tlie country, were very humiliating to Englishmen, and were so felt throughout the nation, and this the more, as contrasting with the triumphs of its arms on the contnient. 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 ]\Iajcsty, that she will be graciously pleased to use her royal endeavours to recoA'er 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 j^i'^vent a disgraceful catastroplie. At any rate, such action 1:1 i INDIGNATION IN ENGLAND. 4j •was iinticipated by tlic STviftcr and holder moasurcs of the Freiieh. In the mid winter of the following- season, on New Year's Day, a time when warlike movements might have been deemed im[)ossible, a i'orce proceeded from l*Iacentia, and landing without opposition about fifteen miles from St. Jolm's at once marched into the toAvn, which, the garrison being uttei-ly unprepared for such an attack, Avas innne- 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, t> as ihe only tovni in which the English authority was maint'uned. Again the attempt w^as baffled; this time f' mi wrr^t oi proper concert between the parties employed i i the expedi- tion, one of which, however, destroyed all the c actions imd other property within their I'ca h. While these events were going on, stern -svanter brooded over the land, pnd prevented any communi- cation with the mother-country. But Avhen, in the spring, news of what had occurred reached England, bitter feelinfj:s of indi ""nation and shame were aroused. Pamphlets issued from the press, expatiating on the dreary disaster. The Oovernment was memorialised Avith as passionate an t.a^,erness as if the right hand of the British navy and British commerce had been cut off. And ind rd, 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 I !' 4G HISTORY OF NEWFOUNDLAND. to tlie country, and in the hands of its enemies. TIk^ merchants interested in the commerce of Spain and Portugal and Italy found their trade suddenly crippled to a considerable extent. These were facts wliich envenomed the sting inflicted by the insignifi- cant means that had sufliced 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 Frencli, and its name changed to Annapolis, in honour of tlie Queen. An abortive attack was made on Quebec. One also was concerted against Phicentia, ])ut, 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 witliin 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 sit a considerable cost of dominion and nf humiliation to his ])ride. The English pet)ple were almost as THKATY OF UTRECHT. 47 cfifi^cr for tlic establishment of peace. Wearied with the burdens of tlie war, satiated with its glories, dis- tracted witli 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. AVith 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 tlie 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 Enghsh dominion, while Cape r)reton was confirmed to the French; the latter provision ex- citing bitter comments in the neighbouring dependen- cies of England. lUit the settlement of the position of Newfoundland formed the principal ])oint 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 IMacentia, 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 IIISTORr or NEWFOUNDLAND. Ijiy claim to any riglit 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 Xewfoundland which stretches from the place called Cape Bona Arista 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 JJiche.' The establishment of this treaty formed the third phase in the position of Xcwfoundland, and its relation to Great lii'itain 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 encrojichments, availing themselves of the privilege of fishing in the waters, took possession of part of the coast, set up a govermnent 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. Wy the treaty of Utrecht, Great IJi'itain was solenndy confirmed in the exclusive sovereignty of the entire territory; l)ut tlu! French were recognised as having the right of fisjiing conciu'rently with the English along certain portions of the shore, and the use of the shore so iar as was m (hid for the prosecution of their fishery. This latter was a very important concession. For the coast thus surrcndei'ed, to what had lately been an inimical and must always In a rival power, contained two- DISPUTED BOUNDARIES. 49 thirds of the eastern shores, the whole of the northern, and one-third of tlie 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 lit'.le 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- clainng, 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 abs(>lute necessity to them to save the kingdom from ruin. It is unquestionable that if t\ni British Government had pushed the su[)eri()rity which they had achieved by victory jmd success, they might have dictated their own terms, and have excluded their late enemy from all right either in Newfoundland or Ca])e Breton. I>ut, as has l)een said, magnanimity and generosity [)revailed in the councils of the triumi)hant 00 HISTORY OF NEWFOUNDLAND. 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 continuall}'' 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 oft'en- sive fortification of Brest and Cherbourg, or rather, the lirest and Cherbourg of to-day would not have existed to provoke either their apprehensions or tlieir smiles. The hiternal arrangements affecting the people interested in Newfoundland, whether as settlers or as engaged innmully in the fishery, during the })eriod of the war with France, and in subsequent years until 1 live or )|)le !• lis lot" iitil STATUTE OF WILLIAM III. S\ I 1728, are of some importance, though presenting a picture of a social condition which it is not veiy invit- ing to review. The close of the seventeenth century was signalised by the enactment of a law well knoAvn 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 h(>r subjects to fish in the waters, and to make use of any part of the shore for the furtherance of the fishery. Tlie 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 tlie old country. The next object being to make tlic fishery contribute, by the training of seamen, to the materials for the naval defence of the nation. The inluibitants are rellrred 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 hnrlmurs and coves are supposed to belong to the fishing sliips. On these chosen spots the owners of the vessels had the right to erect stages, fiakes, cook-rooms, train-vats and other needful nppurtenances, which they could use during the season, and then leave standing, to be found uninjured when tlie fishing time came round again. Section V. enacts tliat every such inhabitant as since R '2 I i' i t !' ii* 52 HISTORY OF NEWFOUNDLAND. 1085 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 arri\ing 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 j)roviso, that all such inhabitants as since 1685 had built ((uichallenged by fishing ships) any houses, stages, cook-rooms, &c., should enjoy the same without disturbance. Section JX. requires that 'all masters of fishing ships shall carry with them one fresh man tluit 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 imj)ortant ])ai"t 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, Avere to be carried out. As bearing on this poii't there are two sections in the Act. The thirteenth, acknowledging the fre(]uent failures f V REMARKABLE CLAUSE IN THE ACT. 5Z to IC ill ic of le ii I, CORRESPONDENCE WITH THE BOARD OF TRADE. 57 i i ])oople, that the sharp->vitted men of New En^^ljuKl discovered that Newfoundland afforded a capital field for carrying on a profitable, if illegal traffic. They imiK)rted 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 : — ' 15ut what I Avould more particularly represent to your Lord-hips is, the clandestine and illegal commerce carried on between the Kew England men^ and several of the British masters, especially the fishing admirals, who, after they have qualified themselves in England for fishing sliips, depart for France^ Spain, or l^utinjal, wliere they freight with Avines and bnmdies, 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 afiairs. liy the terms of the treaty that part ot the island was ceded to the king of Great Britain in full sovereignty, the \ Reeves. t hi 66 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, promise d thennsclves great advantages from this acquisitiot' The former api)ointed a lieutenant-governor of Pla* ..itia, 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 sj^ecial agreement made by Queen Anne with the King of France. In consideration of the latter releasing o 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 2:)romise valid, so as to dispose of lands »- \ ANARCHY IN THE WINTER. AO which came to the Crown by treaty ? The opinion of the law officer was against its validity — l)iit suggest- ing such an arrangement as might enable the Queen substantially to fulfill her engagement ^vitlIOut 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, I i 60 IIISTOUY OF NEWFOUNDLAND. I I on being invited by the Hoard of Trade to communi- cate their thoughts as to what miglit 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 |)eople, whicli was great enough without additional evils from tlie anarchy in whicli tlicy lived.* These same advisers, however, could not refi'ain from indicating tlieir concurrence in the prevailing idea of the cla-ss to which they belonged — that the quiet and harmony of tlie country would best be secured by there being no resident people in it, for they modestly suggest — 'these poor peo])lc (about three thousand men, besides their wives and children), should rather ])e encouraged to settle in Nova Scotia — as they might be of service there, where inluibitants were wanted.' Amidst all tlu; irregularities noticed al)ove, the incompetency of the })ersons 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 intensiness of its expressior., for a more comprehensive, capable, and perniiUient form of goverinnent. For, strange; to say, during these years of misrule, the population went on extendinjr. Even during the troublous times of Ueevea. AN EXTEMPORISED COURT. 61 the "vvar with tlie Frencli, when tlie settlements Avere constantly either harassed by tlie api)rehf'nsion of invasion, or actually sufferinu; from that calamity — the tendency was rather to augmentation tlian dimi- nution. And when tliat struggle came to an end, bringing results so favoural)lc, and opening out sucli fair prospects to l>ritish 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 skip[)ers became more com- ])licatc'd and <>(ierous, and the insufficiency of their functions and capacities became annually moi'c 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 cleiir discermnent of the system, or rathei', no-system of disorder and injustice which made this dcjx'ndency to exhibit a blemish on the character of the British dominion, and they gave ejirnest expression to their convictions on the subject, sustaining their views by elaborate proofs to the authorities at home. Nor were ! >cal efforts wantuig to ameliorate the evil. Thief Justice Keeves states: — 'In the year 1711 I find what is caWi^d a record of several hiws and orders nuide In St. John's for the better dlseij>l'nie (Hid (jooil order of the peojf/e^ and for correet'inej Irre- (jtdarities conunitted contrary to (jood faws^ and ^icts of Parliaments^ all which ivere debated at sevend courts heldy ivherein were present the conunanders of utcrchant shij)s^ nierchants^ and chief inha/jitants ; and witnesses 62 HISTORY OF NEWFOUNDLAND. being examined^ it was brought to the following conclu- sion^ between the 2Srd day of August and 23?'^ day of October^ 1711.' The Judge goes on to say concern- ing tliis 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 Croive^ 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 wliole of the island, was in temporary possession by the French, which, wliile it accounts ibr the necessity for local action amo!ijccts of tlieir remonstrances, how- ever, were not exactly those which have been reca- pitulated. They comphiined of the quantities of liquor and tobacco sold by the New England men, to the disadvantage of their own more legithnate trallic ; — of the encroachments by tlie inhabitants on the harbours to the detriment of the fishing ships' rooms; — of the difficulties interposed to the prosecution of the fishery in what wei'e called the French I'orts; of military mei engaging in tlu* fishery, and of the conunodores 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; — rhnt none shoidd 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 adminils should liave power to iiidi^'t corporal punishment on all persons profaning the Lord's-day, and all com- mon drunhards, swearers, and lewd persons; that a G4 HISTORY OF NEWFOUNDLA^D. \i sufficient number of ministers should be sent to the principal luirbours to instruct the inhabitiints, 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- iied 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 Jioard of Trade, as resulted in the decision that a governor sliould be sent out, connnissioned to aj)p()int 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 accom[)anying him, would serve all purp >ses. Even- tually, Cai)tain 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 conunission to the Governor of Nova Scotia, as related to the government of Placentia, or any other forts in Newfoundland: and then goes on toap[)oint ' Henry Osborne governor and connnander- in-chief, in and over our said island of Newfoundland, our fort and garrison at Placentia, and all othei* forts m INTERNAL REGULATJONy. 65 and o'{\n*isoiis erected and to be erected in tliat island.' It fiives him authority to administer the oaths to Government, and to appoint justices of the peace, witli other necessary officers and ministers for the better administration of justice, and keepin;^ the peace and quiet of the ishmd. But neither he nor the justices av; re to do anything contrary to the; Stat. 10 &; 11 Will. III., nor ol)struct the powers lh<'re])y given to the admirals of harl)ours, or captains of the ships of war. The justices were required to be aiding and assisting to the conmiodore, or com- manders of the ships of war and the fiJiing admirals, in [)utting in execution the said statute. The gover- nor was to erect a courtliouse and prison ; .ill officei-s, civil ar.d mihtary, were to be aiding and assisting him in executing this connnission. In case of his death, the government was to devolve on tlie iirst lieutenant of the ' Oxforil,' the shi[) connnanded by Lord Vere Beruclerk.* * Reeves. m HISTORY OF NEWFOUNDLAND. %* I I CHAPTER IV, 17-28-1763. The appoi^'tinent of Captain Of^borne as Governor of Newfoundland, with power to create justices uf the peace, and to make otlicr regulations for the goverii- ment of the country, brouglit into discussion a nice point ])elonging to the JU'itisli Constitution, llis authority was derived simply from lui order of the King's Privy Council. Now it happened that thnrc was a code of ruV s already in force for the inaiuige- ment of the fis)-cries, 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 tlienew ord'-r issuing only from the Privy Council was as valid and binding as an Act passed with all the legislative forms which th(i Constitution prescribes. This was a (piestion which caused a great deal of angry con- troversy, and ])laced a host of difficulties in the way of the rJovcrnor nud his successors. For the merchants interested in tlie fishery were more attached to the old liiwof William 111. than to the new set of directions, which seemed in a measure to recognise I'lNANCIAL .SCHEMES. 67 tlic country iiiid the peo])lc of NcwfouiRllaiid ms a veritable portion of the dominions of the Jiritish Crown. Captain Osborne on his ari'ival aj)])lied iiiinself earnestly to execute the j)rovisions of tiie conunission wliicli he liad received. His first care was to divide the island into convenient districts, over caeli of which he appointed from the inhabitants of best character and standing such a number of justices of the peace andconstal)les as were necessary. He also took steps for the erection of a prison and courthouse at St. tlohn's, and a second prison at Ferryland. For tlie sunnnary [)unishment of minor offences he caused several pairs of stocks to be set u]). In reference to these measures he expressed the ho[)e that they would be suificient to remedy the great disorders which had so long prevailed. To meet the expense of pnjvid- ing the ]>risons, &c., he levied a rate of not greater than half a quintal of merchantable iish j)er boat, and half a(|uintal 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 iishery; — this rate was for one season only. Tills financial ari'angement, with its ])rovision fur taxation, furnished a weapon of accusation which was cjuickly laid iioldof by those Avho were op])ose(l to the new rl'ijime. They appealed to the st itute of William 111., wliicb declared the fishery to be free, and there- fore not liifble to any duties. Thu i'unctions of the justices of the peace, too, soon came into collision ! ni C8 TIISTORY OF NEWFOUNDLAND. witli tlioso of the fishing admirals, whicli were affirmed to be not only of prior authority, but established originally Avith a weightier sanction. The Governor received memorials from the justices complaining that they were obstructed in their duty by the fishing admirals. ' The aduiirals,' they said, ' told them they were only A\nnter justices, and seemed to doubt the Cfovernor's authority for appointing them — alleging that the authority of tlie 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 hiid 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, (^n the first of these points, the Attorney- general gave it as his opiuion 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 tlu^'efore, a legal recpiirement on the peo[)le, the case might be met by laying a tax on the inhabitants, and not ou the fish t)r fishing boats. On the second ])oint, his opinion was, that the powers of the fisliing admirals, as conferred by the statute of King William, wei'e restricted to seeing the rules and orders of tliat Act strictly executed; and tliat the authority of the justices was good, as extending only to breaches of the ]>eace; 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. 159 no intcrfcriiipj between tlie powers priven hy the Act to the admirals, and those by the connnission 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, rei)resentations and countcT-representatioiis being made on each side, nor Avas it permitted to cease until the adherents of the old system discovered that the Ilon^.*.' authorities were determined not to withdraw the small measure oi' civil government which they had granted to the colony. Yet the hisufficiency of this grant gradually be- came more manifest, necessitating the extension of the ])Owers and institutions of a local government. It had been ])rovided that all persons chargeable with capital felonies should be sent over to Eng- land for trial. ' In such cases,' says Iteeves, ' the witnesses were glad to keep out of the way: the felon was sent to England without any ])erson to prove liis guilt; a great expense was incurred; justice was dis- appointed; or if the fact were proved, the poor wit- nesses were left to get Ijack as they could, with the expense of the voyage and residence, and a certain loss of one season's iishery.' To remedy this failure in the administration of criminal hiw, the Board of Trade pro[)osed in 1737 that there should be in- serted in the Governor's connnission a clause author- ising him to a[»[)oint (\)nunis.sio/ie/',s of Oijer and Terminer^ before which felons might be tried within II! i I (0 HISTORY OF NKWFOUNDLAND. 1 1 the limits of tlic islnnd. Many objections, liowcvcr, jipjHMirinn^ n^^ainst such a chango, it v,as not until 1750 that tliis iVesli and important addition was conveyed in the commission issued to the Governor. Captain Francis William Dnike was the first person invested with the additional authority, tlie restrictions attached to its exercise being, that he laid no power for try- ini>: or pardonin<2: treason; that no sentence (capital?) ^lloul{l be carried out until it had been re[)orte(l to the kin^ir, and that the Court of Oyer ct Tenuiner was only to sit wlien the Governor was actually within the limits of his i^overnment, 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 l)yng, had not only eflectually protected the coasts of Newibundland, ])ut had also been very successful in the capture of S[)anish 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 KKVIVAL OF LOKD lULTIMOKK S CLAIM. 71 from tho cliflTcrciit iisliiiifj jidininils, and to examine all sliips' pa^KTS and maniiests. After tliese important elianges, tliinritish, and immense spoils of treasure and merchandise Avere 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 Newfoundhmd, from which, moreover, they were expelled in the course of tlie 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 II ill, towers almost perpendicularly 520 feet above the water, the range on the left (south), Avith scarcely less jibruptness, 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 Navroivs^ trends in a westerly direction, at an angle so acute as. H- ■ * Lord Million, History of England from the Peace of Utrecht to the Peace of Versailles, third edition, vol. iv. page 268. TOPOGRAriTICAL SKETCH OF ST. JOIIN's. 75 ill a sliort distance uji, to cut off completely the view of the sea. The city lies on a somewhat elevated slope to tlie northward, rising from the water's edge. About a mile from the entrnnce to St. John's is a little fishing harbour called Quidi Yidi, in some sort a miniature of that of the capital, having also its narrows, accessible to notliino; laro:er than a iishin": boat. Still further to the northward, six miles from Quidi Yidi, 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. tTohn'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 wintiy 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 17(12, a French squadron under tlie 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 l^ritish fleet was busily em[)loyed in making notable conquests in tlie AVest Indies. On June 24 the French expedition suddenly entered the Bay of Bulls, and tliere landed a force which, after a toilsome march of nearly twenty miles, startled the iiihal)itants and the feeble garrison of St. Jolin's. The place was speedily tjiken, and the 11* ;■ ■ i Hli', IE pit" ti. iiFl 7G HISTORY OF NEWFOUNDLAND. captors resorted to all available means to secure their possession, by strengthening the fortifications of tlie 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 mth 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. JOIIN's BY THE FRENCH. 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 thx'm to clear the way of tlie pertinacious enemy. At length, however, they liad 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 llill, 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 tlie pu1)lic in Enghuid. Tlie affiiir was deemed not unworthy of the self-gratulations H !i fW l!H!: I ill ft 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 recoveiy of Ne^vfoundland 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 contributmg 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 suflicient 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, sufiicient 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 int ) by the difterent 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 fisheiy, 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 belhgerent power, was declared to have no part in the fishery whatever. Many judged, at the time when this treaty was signed — and the complamt has often been repeated smce — 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 oi^ ; 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 opuiion 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. iii iii! i 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 tlie 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 re2:)eat I was OAerruled, 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 memorjinda 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 /' PiODNKY S ADMINISTRATION. 81 Paris mostly ffcrin<^ dy, the c from 3CCS of lalf, ill 1 to tlio itendcd fishery, not by olumes lie Re- kindly ?xander ntain a )f their of the pus, the ^visions ed with n them island, resting, mg the al state applica- icli had ork im- •eign m reference to matters civil and military, legal and social, on -which, according to the ])cst 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 llodney, 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 ti'aditions in tlie British fleet. Durinc: his ""overnment of New- C CD foundland he displayed the simplicity and earnestness characteristic of his profession, and this often com- ])ined with a penetrating capacity which is sometimes Avanting in those who have had a more exclusive training in the routine of governmental official life. The following 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 or NEWFOUNDLAND. : :|i il ;! ' 1; ' I ! 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 tlic country, and am very sorry to find the season proves so bad for the merchants, boatkeepcrs, servants and others ; and in regard to what you have laid before me, con- cerning the mercliants' request, that the servants may bear an eqiuil 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 connnitting so flagrant a piece of injustice as desired, to serve any pe()i)le 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 COVEKNOR. 88 movements of the cruising sliips, and to take measures against the very prevalent evil of desei'tion. As chief administrator of the laws, he had to inqjosc 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 imtil after llodney'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 comj^laints 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 Q 2 •:|| m pi in- [ ill I! 84 HISTORY OF NEWFOUNDLAND. I : I- il I il ! 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 assemblv-' Then follows the petition of Thomas Range, of Western Bay in Conception Ba}'^, 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 1 5th day of this instant September,' and a summons w^as im- mediately issued to the magistrates of Concej^tion 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 2^1ain letter from the Governor to the magistrates, in Avhich occur the following passages : — * Gentlemen, — I am sorry you have p;ivcn mc occasion to tax you with a hrcacli 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 sununonses as shall be to ycm directed for apitrehending offenders against the peace of His Majesty's subjects.' ' You likewise LETTER OF GOVEKNOR RODNEY 85 neglected to acknowledge the receipt of the summons, Avhich for the future you are not to do, as you will answer the contrary at yoiu* peril. Your behaviour in this affair has obliged me to re[)rimand 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, arc obliged to the same, in the neglect of which you will not only forswear yourselves, but be liable to l)c 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 INIajesty'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 hiunble servant, G. B. R.' In consequence of this shar[) 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 wjis 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 20/. in the one case, and 15/. in the other, with costs of suit, the fines to go to the persons bringing the complaint. 2. That he had beaten Grace Havis and Mary Prosser in ji cruel and barbarous manner. Tliis case, at the desire m , f In .'. ft, I I- , ( t ! I I iil: 8G 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 100/. 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 i)romised 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 csise was in the form of two depositions, the deponents solemnly affirming tlieir belief that tlie above John Vincent was not so drunk on the day of the alleged robbery as to be incnpable of recollecting what took place. Tlien 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 . .'i 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 tlie 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 liimintlie 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, so that with difficulty I got him out of their hands ; and it is my o[)inion, that liad the man been left to their mercy, he Avould have been in diuiger of his life.' The affair did not end here, but in a few days afterwards, Mr. Keen makes a declaration, tliat tlie 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 mi iiili 'f f BrI Ife 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, belono^infi: to the said William Keen.' With these depositions, this case of flagrant injury and contempt 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 sufiicient 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 inider 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 arc 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 magistnite. 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 princi])al 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, tlic}'^ 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 liands, thereby extinguishing the candle held by one of tht; I M I .1 '111 '' ',' I \in 90 HISTORY OF NEWFOUNDLAND. i.il .ill i i-i: |ii iiP "I I 't 1 1 I; I 1' ! v' 1] i 1 1 1 i i: ■] , 1 j • 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 mhabitants 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 disjivow 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 j VIS tices of the peace, judges, and sheriff, do dechire, 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 arc annually brought over here, a great [)art of whicli 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 ])y them, to the great loss and terror of His Majesty's liege subjects in this island. This is therefore to give notice to all mastt^rs 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 tliey will prevent being proceeded against with the greatest severity the law in such cases will admit. (Signed) R. Dokuell. 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 M I 'I . If! n I i 11 \{ !^ i -I ll £l ■ ill' 1 !i' \w Jii i(? m 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 accoimt.' 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 infonned 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 replied: — 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 liave 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. I It,; TROCEEDINGS AGAINST RO^TAN CATHOLICS. 03 It appears that the j^riest did perform ser\-icc in Harbour Grace, and in other places besides, thereby furnishing the materials for certain judicial proceedings worthy of notice, the tenor of which Avill 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., depvtt/ or surrogate, to Ricliard Dorrell, Esq., governor, ^'c. At a court held before me at Harljour Main the 20th of September, at which you, Charles Garland, Avas present, at which time ISIichael Katem did appear before us, and by his own confession did admit a Roman priest to celebrate ])ublic mass according to the Church of Home, in one of his fish-rooms or store-houses, and he, being present himself, which is c(mtrary 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 was said, and I do likewise order the said IMichael Katem to sell all the possessions he has or holds in this harbour, oil or before the 2oth day of November ensuing. At the same day appeared before us Michael Landrican, who was guilty of the said crimes, for which we think proi)er 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 ap})eared 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 proj)er to fine the said Darby Costley ten pounds, Robert Finn ten pounds, Michael I, » iill M ffi'': ill! I I fill Kill 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 Kovemher ensuing. T. Burnett. To Charles Giuland, 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 v/ho 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 '^1; 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 ^! I I.' ■i'. ' !ii I ■I ! :|! 1 ! j: ji til .f li'l m I Pii 1 iji 96 IIISTOIIY OF NEWFOUNDLAND. government* under wliicli 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 follo^ving order may be 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 ap])ear 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.' i 1:1 STATE OF PUBLIC MORALS. 97 with the was the 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 reciuired 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. BONFOY. 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 (1749-17(j2) 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 their 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 II ■S !| ^1 'f 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 ol. to the woman's husband and to erect at his own expense a cage for the punishment of turbulent women. ii lit \ 4' ^* 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 fishennen 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. La^vi'ence.' 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 anna, and the cause of this threatened interruption proceeded from Newfoundland. It was a time when the public mind in England, not content II 2 ■ ;i- ■'1 !: h 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 pojiular John Wilkes. Such being the state of public sentiment, it is little wonder that when a sloop of war arrived from Newfoundland Avith 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 necessaiy 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 sufter, was tliat in wliich the parties engaged in liostilities with the mother-country were those trans- atlnntic colonics wliich stood in the same relation to that country as itself. With the States of New 11 CONTRA UAND TRADE. lOJ 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 o^vn 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 ])ort jit which the vessel had received her clearance, and contriving to evade the local arrangements, landed 1, < ,i,\ 102 HISTORY OF NEWFOUNDLAND. til- : i:| I 1!| li '^ • I l.l'j 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 Ne^vfoundlanders and the New Eng- landers 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 Avhen the American colonies £0 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 fisheiles. After a debate in the Cabinet arising; from suffo-estions 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 efffect to the threat made a year before, by forbidding all exports to the British possessions. This was a resolution which fell with rapid and j^ainful 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 h m h!) H< rn m 1 ti 104 HISTORY OF NEWFOUNDLAND. m r pi If 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 kno^vn 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 posi'-uii, by estal)lishing, ; <^ 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, vi' >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 Avinter; but to see that they were treated in all respects as having the same rights and privileges enjoyed by the English within the same boundaiies. But the instructions from the governor were careful to show that ^vithin 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 i ! I 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 permittrd and allowed, in common ivith 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 countiy 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.' ' Within 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 •II ii I 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 Avent 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 country 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 refeiTed 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 ofl[icer had laid a prohibition on its being employed in the fishery. The Go\ernor 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 > 1 I I': :! it! ,•■*,. ■'f' : |i'l ii.| i ii. I 108 HISTORY or 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 issuin;r reticulations 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 sho^ving that His Majesty's subjects had the unre- stricted right 1:0 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 do^vn five ruL'S 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 if t! MEASURES IN REFERENCE TO LABRADOR. TOO great interest, and t Cfni^ng -which he actively f n- ployed himself, was tin ftsiuTy "n the coast of Lalu-a- dor, which, not long pi viuus tc his ari'ival, had beru annexed to his government. Him 1' per nally visiting the coast, he readily discernec* he adv atages which it possessed for the prosecutioii of tlie trade, which had been chiefly confined to Newfoundland, as well as of the whaling trade. Certain difliculties 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 countr}^, wantonly injuring, and thereby further alienating the native's, 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 some of the regulations laid down in the statute of William III., modifjdng 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. I: Mi fi i 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 mth 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 17G5 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 Jrown and the naval supremacy of England, was fitted to b( an advisor 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 — Aii 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 i ,• 112 HISTORY OF NEWFOUNDLAND. n ,ii{ h m 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 follomng 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 i)ayincnt of wages, another to secure the return of sea- men and fishermen to this country ; the i)rovisions 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. 111., 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 J'ALLISER S ACT. 113 trade complain of the innovations made of late years in the trade of Newfonndhmd, and express a wisli to he pnt on the footing of Stat. 10 & 11 Wilh HI., tliey mean that tliey wish to be rehevcd from this Act of Parliament ; and they iiavc many of them no scru[)l(> to say that since Sir Ilngh Palliser's iVct, it is with the greatest difticnity that mer- chants can carry on the fishery with profit to themselves. The regulations made hy this Act were very important. It was now declared that the iirivilege of drvinu; tlsh on the shores of Xewfonndland should he enjoyed only by His JNIajesty's subjects arriving at Xewfonndland Ironi (ircat liritain or one of the British dominions in Europe, wdiich settled the (juestion that had been raised in favour of the colonists. This Act gave several bounties for encouraging iniiMt they display as entertained by the ruling ]»(»\vers to Ponuiii Catliolicisn) tuid its Irish ( ,■ 114 HISTORY OF NEWFOUNDLAND. »•* adherents. Tlie fbllowintised according to law. That the masters of Irish servants do ])ay for their passage iiomc. Another order addressed to the mjigisti'ates equally shows the obnoxious character under which the above parties were regarded: — AVhereas you have represented to me, that an Irish Pa|)ist, a servant, a man without wife or family, has put uj) mark jxists in :\ fishing room within your district — with an intent to liiiiid a stage and Hakes thereon, and possess the Bame as his right and j)ro])('rty, which ])ractlce being entirely re])Ugnant to the Act 10 & 11 ANilliam 111. 1 do, therefore, hereby authoii/e you to immediately cause the mark-posts above mentioned to be taken down, nnd warn the jtcrson so offending not to presume to mark out any vacant fishing room again as his )>r<»pcrty, as he will answer the contrary at his j>eril. You are also to warn other l*apists from offending in the like cases, as they will answer to the contrary. (Signed) T. BVUON. REGULATIONS AGAINST IRISH IMMIGRANTS. 115 Here is another coimnuiiicatloii to the same eftect, while it also indicates tlie straits to wliich the Uonianists were reduced to procure a livelihood: — Wliorcas a great iimnber of huts are erected, j)()ssessed and ialiahitcd by Irish lloman CatlioHos in this harbour, who entertain and keep in the country a jjjreat luunber of rogues and vagabonds, to the great disturbance of tlu; peace and danger of his Majesty's sulyeets here, and to the exceeding great i)rejudice of tlie fisliing trade. You are herel)y au- thorized and directed innnediately to pull down all such lints or Iiouses, and suffer no more such to be erected hereafter. (Signed) IIuGU IVvllishh. Notwithstanding- the disalnlities under which the natives of Ireland professing the old faith laboured, that country furnished a constant increase of end- grants to tliis desoJate (slaiul^ as it is jigain and again termed in the Records; not only men and women under the ])roteetion of their husbands, but even shoals of women by tliemselves, coming ))erha|)s with the hope of joining their kindred, or foi* the simple chance of obtaining ahettei* settlement than tiiey had found in their oavu weary land. The foHowing from (iovernor Palliser recognises this fact as a great evil: — Wliercas great ntnnbers of poor women arc frerpicntly brouglit to tliis coujitiy and particularly into the ])ort by vessels arriving from Ireland, who l)eeome distressed and a charge to tlu^ ininibitj^nts, and likewise occasion nuu'h 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, n»> I 2 UG HISTORY OF NEWFOUNDLAND. fWP women arc to be landed without security l)eing first given for tlicir good behaviour, and tliat tliey shall not become charoieable to the inhabitants. The stringent regiiltitioiis quoted nbovc against tlie children of Ireland and the Po[)e do not appear to liave proceeded purely from antipathy of I'ace, or zeal for Protestant orthodoxy, but to have been suggested by troubles consef|iicnt on the accunuda- tion of Avhat was considered a foreign, and was cer- tainly at times, a disorderly element. There arc frequent notices of disturbances calling for the in- terposition of the magistracy — disturjjances which betoken a disloyal insurrectionary spirit, and in which the Irish were charged with being the chief offenders. A formidable example of this kind oc- curred in Harbour Grace in the year 17r4. It is denominated in the Records a riot, and is said to have arisen from a rel)ellious disposition towards the British Government, such as was beginning to work in New England, and which s]d)sequently resulted in the achievement of independence, and the esta1)lish- inent of the United States. Authority and law, how- ever, asserted their supremacy in Newfoundland, and a dozen persons were [)laced on their trial to answer fortius daring infraction of the Kinii's peace. Tlu; principal accused was Dennis Neal, and his name is followed by other Dennises, Learys, McCartys, and Mahoneys, c^-c, sufficiently ])etniying the nationality of the defendants. The iiulictmcnt against them by the miiiiistrato declared that they and several persons yet unknown, did on the 9th Sii • 1. 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 ij-athered together, in and u})on several persons in an unlawful and riotous manner, did make an assault, and ill-treat, and other wrongs did to the said persons. ^Vlso on the same day, the above persons, with many others yet unknown, to the number of thirty or nj)wards, in a warlike manner arrayed, with swords, clubs, and guns, nnlawfully, 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 sutisfuctioii of the jury, who l)rt)uglit in i\ verdict accordingly; u\)on which the court passed the lollowing sentence, inflicting a sharp, ])Ut inexpensive punishment : — ' That J)ennis Xeal shall receive three dozen hishes on his bare back with a cat-of-nine-tails, at the admiral's stage at St. dohn's, on the 20th instant, and three dozen at the Admiral's Stage ut Harbour CJrace, on or l)efore the 2r)th instiuit, and all the other olfcndcrs (excej)t jMr. Felix McCarty), shall receive ;it the same time, at the last-mentioned [dace, one dozen each.' Mr. Felix McC'arty was let oiY by paying a line of thirty ])ounds and all the c barges of the court. Promoted l>y various causes, tlu' resident popula- tion of the ishuid went on gi'adually augmenting, yet without any legal j^jrovision existing for the accpiisi- If ii !ii * f ii % 118 IIISTOUY OF NEWFOUNDLAND. tion of property in tlic soil. On tlie contraiy, Jill loii'nl forms were prohibitory of sucli proprietor.slii]). The couiiti'y was I'egarded siiu[)ly as a iisliery, all ri^»lit ill the land being considered as belonging in- alienaol;^ to the king. Persons eniph)yed in the fishery had liberty to take up such a |)ortion 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 Avere required for the prosecution of the voyage. ]jut 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 leadinrevent these practices, as well as all contests and dis[»utes 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., to turn cattle upon, and to cut grass. 2nd. That if anv of the places now actuallv enclosed, and hereby pei'mittcd to remain so, and are ever hereafter left unfenced in during one year, such places shall revert to the public connnon. % ■I! |5 120 IILSTUIIY OF NEWrOUNDLAND. 3r(l. That if 'any person hereafter shall jircsuino to i'ence ill oi' enclose any lands (other than arc so at this day) con- trary to this order, all persons are at liberty to take down such fences or enclosnrcs. 4th. That no marks that ever have or may l)c put up by any jjcrson whatever at any place in the woods, shall con- vey any right or })roperty to such places, or to the wood or grass growing thereon, exce})t the three marshes known by the name of the Torbay marshes, which shall remain to ^Ir. .[usticc Gill exclusively, fo cut the fjrass r/roicmf/ thereon, so long as he remains a justice of the })eacc at St. John's, and at his death or in jase of removal iVom 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 })eople now assembled, I also hereby order and direct that no person whatever shall cut grass on the common lands before the loth day of August, on the penalty of five [»ounds, to be levied by the justices of the peace at their (piarter sessions, towards the repairs of the Courthouse and Prison. The .subJL'ct of the original inhabitants of the island is one which, thongh much has been written idjoiit it, is involved in great obscnrity. In the (jovernment records of the period now under review, the only recognition of the existence and condition of the natives, a])[)arently the fii'st ollicial notice of the matter, is in the foi'ni of a proclamation, which seems to have been repeated after Ca[)vain 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: — A\'hereas 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 M1C-MAC8. 121 Ijencfit and advantage, do treat tlic said savages witli the greatest iidiuniauity, and tVeqnently destroy tlieni \vitliout tlic least provoeation or remorse. In order, therefore, to put a stop to sucli inlunnan l)arljarity, and tliat the })eri»etrators of sucli atrocious erinies may be brought to due i)unishment, it is Ilis Majesty's royal will and })leasure, that I do express his abhorrence of such inhuman barbarity, and I do strictly enjoin and recpnre all His Majesty's subjects to live in amity and brotherly kindness with the native savaijes of the said island of Newfoundland. I do also require and command all olHccrs and magistrates to use their utmost dili7 pei'liaps not the giviitcst, difficulty witli Avliii'li slie had to contend at tliis period, thouuh tlic rebellion of her dependencies iiave hirth to the other demands on her eneruv and resonrces. The dispute between the mother-country and her distant children Avas seen to be a good ojjportunity for the old enemies of Kng- land to strike a ])l(>w at that em[)ire Avhich had so often hinnbled them. JJoth France and Spain looked with favour on the independent s])irit and action of the plantations in the west, and were not 'ong in lendini'" themselves as auxiliaries in the strife. Tlu; former welcomed with open arms the representatives of the Congress, lavished praises on them and their counti'}', and prej)ai'ed to give substantial aid to the iniant assei'tors of territorial independence and the rights of man. The conse([uence was, that in addi- tion to the sore task oi' ((uenching a rebellious flame which raired from Floi'ida to the shores of the St. Lawrence, Ib'itain was involved at the same time in contests with the tw(^ principal naval and military poAVers in luirope. As the I'csult 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 ib'itish ships could nu'ct with vessels of Spain or l''i'ance, and on every coast where the two latter powers on the one side, and (li'cat Britain on the other, had ])ossessions or interests inviting attack. These naval conflicts Aveiv maintaimd with varied success, the great pre- l>onderance of !i(Kantage and glory being with the English flag. Under that flag, a foi'mer governor of ■I ; 128 HISTORY OF NEWFOUNDLAND. NowfouiulhiiKl, Sir Goorii'o I>ri(lii:cs Rodney, made for liis victories Lord Jiodney, whose udmiiiistration of the afFiiirs of tlie colony thirty years beforo lias jjeeii noticed in this work, i)erforined the greatest services for his nation, and received at the nation's liands tlie meed of highest renown bestowed in that nuje. It was not nntil the early part of the year 1778, tliat a treaty, offensive and defensive, between France and the I'nited States, Avas concluded. But in antici- pation of that measure, {Uid to guard against a stroke of policy, of whicli the liritish ^linistry had made use at the connnencement of the former war, an order had ])een issued from A'ersailles, dated August 1777, recalling all tlie French fishing-shi[)s with their ci'ews from the banks and coast of Newfoundland; an order to which effect was o-ivcii in the bei>inninns of the Government at home, in res[)ect to the negotiations which the Court of Fi'ance was carrying on with the nuitinous colonies. From this time forsevcM'al seasons liritisli fishermen in Newfoundland enjoyed tliat desideratum wliich has often been siglied for since; — they had tlie fisheries to themselves, neither Aiiierican nor French- man app(Mi'iiig to compete with them in liathering the harvest of the seas. Hut unhappily this advantage was uttended with a drawback by which it was more tlian iKUitralised. The privateers of the enemy were i ' REAR-ADMIEAL MONTAGU. 129 SO active all around the shores, that the poor fishcmian lived in constant dread of seein*; 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 tenn 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 lie was engaged when entering on his office. In 177G lie received a flattering letter from the Baron de rKspc- rance, Governor of St. Peter's, congratulating him on his arrival, and speakhig of the ' fond idea ' which the writer had ' of the English officers, and of Ilis 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 Chi'istian 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 Shuldhani ami Montagu, Comniodoro Duff filled tliu office. 130 HISTORY OF NEWFOUNDLAND. Ill: 4\ ■u \ ij : i :» m i i natural to an Enp^lisliman, in less exaggerated terms, and granting the privilege prayed for. Yet in two sliort years afterwards he was compelled to give the stern order to take or destroy all the property of the subjects for whom tlie baron had so eloqucmtly and successfully pleaded ; and even to send the people themselves (to the numl^er of 1,932) away from tlic stages and the houses made out of the wood wliich 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 })cople which the island contained. This difficulty is referred to in the foUoAving circular letter sent to the justices of the peace, commanding a census to be taken of the population : — You arc hereby required ami directed to take an account of all the houses and huts in your district, and report to mc 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 api)earancc of a scarcity of provisions throughout the island, you are to take a strict account of all the winter men engaged by the in- hal)itants for the ensuing winter, and report to mc 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, 177D. R. Edwards. DEFENSIVE MEASURES. 131 While there was much straitness and suffering from tlie 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 l^urned 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 ^vith guns and ammunition in proportion to the exertions they should make, and the importance of the places that should accept such proposals. In gcucral the loyal spirit of the people promi)tcd K 2 ( 132 HISTORY OF NEWFOUNDLAND. II f: ■if . If!' ;; j i' 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 w^as 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 aestroyed 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. Wc 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. AYe, the merchants and traders of this place, had thrown up some intrenchmcnts^ and had four guns mounted, loaded, and properly sliotted, 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 Ilia 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, Ilis jNIajesty'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 slooj) of war at Fermeuso (for we don't desire to have His Majesty's ship here in this place, as it is a dangerous ha our to lie in : but Fcrmeusc 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 weiglit of metal your Excellency thinks proper, as we conjecture of the situation of the place wc have got to place tlieni, 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 jVIajesty's subjects. But we humbly hope your Excellency will take it into consideration about the inhabitants of this place, tliat wc are more in danger from some of them tlian 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 considerati«m, and send us some relief : if not, wc must leave the fishery and carry home our effects ; and we ho[)c your Excellency will grant our petition, and your petitioners will be in duty V)ound to pray for your Excellency for ever — and wishing your Excellency heultii and prosperity, remain your Excellency's Humble Servants to command. It 134 HISTORY OF NEWFOUNDLAND. f ■: ■> 1 !t 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 To^vnshend, 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 imd the citizens, in case of an attempted invasion during Al'PREHELblONS AND PKEPARATIONS. 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 fall, 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 j)ut 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 15 rest, 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 ishxnd 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 guaril, and take every measure in their power to make a vigorous ^1 a 'f 'Mil' ^Ii ■H 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 lihode 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 sufiicient ' 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 CAIVirBELL. 137 er, to — the grateful acknowledgement of which was one of the last official acts of Governor Edwards. By this time, the war was dramng 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 ToAvn, 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 feelin*T was shown in a more tolerant dealin<2: with differences in religious opinion and worshij). Examples have been furnished in this work of the harsh measures which issued from the Government against the exercise of the Roman Catholic faith. In 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 \' i 188 HISTORY OF NEWFOUNDLAND. !|l!' ^i; 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 wliich 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 PUNISUMENTS. 139 of liey the can to 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 hina. to stand jn such occasions in the place.* But this substitute i.oon afterwards having given up the work in disgust, the r igistrate was reduced to the alternative — either * t* * lUake the constables for the time being do *jiv said duty vvrhich others have done before them, oi 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 die 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 'ion-compliant officer was put in confine- ment; but his obstinacy was unsubdued. The magistrate reports that he 'again and again refused, allowing that he had taken an oath never to flog a man. I therefore left him in the state I found hiin, and refer the case to your Excellency's determination.' 140 IIISTOllY OF NEWFOUNDLAND. 'i i In the same year an important commission of cnfjuiry was appointed by order of the Governor. It arose from the extensive private encroachments on the grounds Avhich 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 Avas chji.geable with such encroachment. It appears that in 1782, Lieutenjuit-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 ubout rebuihling it, tlie objection was brought that the ])lace belonged to fishing-ships' room, and tlierefore, iieitlier 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 >vith this dilficulty, that no one would give any evidence implicating his neighl)ours. Tiie first witness 'being called ui)()n, and the oath tendered to him to speak tlie trutli, tlie whole truth, and nothing but the trutli, relative to the encroachments made on fishing-8hij)s* rooms in the Harbour of St. John's, refused to take such oath;' and on being i)ressed and threatened witli ENCROACHMENTS ON SHIPS' ROOMS. 141 imiorisonment 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, lie 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 tlic cncroaclinicnts made on fishin0. 1 ! 148 HISTORY OF NEWFOUNDLAND. ilJf « 'i V 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, Avithout a proper legal foundation, was, as may be su})posed, of only partial authority. It was a convenient instrument by which the merchants and others, knomng the unauthorised cliaracter of tlie 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. eTohn'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 ])rudent plan, and one which to a great extent met the difficulty in which he was placed. ' Tlie 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 Avhich were enforced by the Sheriff, he directed his secretary to hear the complainant, and if * Keeves. BOUNTIES TO FISHING VESSELS. 149 necessary, the party against whom the complaint was made, and thereupon to ^vrite 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 very 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. l>ut the notice of his device must be reserved for the next chapter. The Act which was passed in 1780 (26 Geo. III. cap. 20) ) contained two important provisions, relating to the fisheries and the trade of the country. The first was a renewal, with some slight alteration, of tlie bounties awarded to the fishermen by the Act of 177.5. As the character of that grant has not been exi)laine(l, it may as well be exhibited here. It provided tluit the one hundred vessels which, having cleared out from any British port after Januaiy 31, should 150 HISTORY OF NEWFOUNDLAND. '■■; J tJ I If' proceed to the banks of Newfoundland, and having caught a cargo offish uj/on 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 Jlay 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 in 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 recruitmg 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 ofl^". 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 ])oth 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 Pri\y 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 Avas 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 ])art 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 treat}" of Utrecht from Cape Bona A ista to Cape St. John.' 'And His Mjijesty the King of Great Britain consented on his j)art that the fishery assigned to the subjects of His Most Christian ^lajesty, beginning at the said Cape St. John, passing to the north, and descending by the western cojist of the island of Newfoundland, should extend to the place called CapeRaye,* instead of stopping at Point Kiche.' 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 necessary to prevent the inconvenience which might arise from the competition of His Majesty's * 28 Geo. III. cap. 35, preamble. •!^ 4 152 HISTORY OF NEWFOUNDLAND. subjects and those of the most Christiun king in carrying on the fishery on the coasts of the island of Ncwfoundhnid.' This statute is of considerable importance, as it seems U> • jiivey a lai'ger concession to the French than is r.' .^iised in any j)revious statute or treaty. Its provisions ara designed to carry out an engagement made by I lis 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 mjiy 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, luid this alleged enlarge- ment has by some been argued to confer an exclusive MISCELLANEOUS FACTS. ITS ri;i:ht over the coasts find waters in qnestion — a con- clnsiun, however, which has always been successfully resisted by those enti'usted with the charge of the British fisheries. There are a few miscellaneous facts belonfjin": to this period Avhich deserve a brief notice before brinoing this chapter to a close. And, first, as to the popula- tion contained in the island. In Sir Richard I'onny- 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 l^Minburgh Library, the same statement is made; while Mont- gomery Martin, in his ' History of the lU'itish Colonics,' gives 10,701 for the year 1784. In the ninth volume of the ' Records of the Colony,' tliere is an entry for the year 1780, which 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 [)roportion 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, ^^z. about one-fifth, then tlie entire population of the colony would be somewhat over 8,000 in 1 780 ; or if, as is more likely at that j)eriod, St. John's had not so large a proportion of the whole population as it has now, then the figures would more nearly ap[)r()ximatc to those given l)y the writers before mentioned. In 1787 Dr. Inglis was appointed IJishop of Nova Scotia, and in the same year the Governor of New- foundland received royal instructions, infonuing him that that island was within the sec of the said Bishop, to whom His Excellency was enjoined to give all fit support and countenance, in the exercise of his juris- diction, s|)iritu{d and ecclesiastical, according to the laws of the realm of England. The Governor was in the same instrument connnanded to permit liberty of conscience, and the free exercise of all modes of religious worship, to all j)ersons in the island, who should l)e contented with a fpiiet and jjcaceable enjoy- ment of the same withcmt giving offence or scandal to govermnent. In the same year a curious jX'tition was presentcMl to the Governor, signed by the chief merchants of St. John's, representing that they saw ' with sorrow the pid)lic houses in this extensive and ]>opul()us harbour reduced from twenty-four to only twelve,' and giving as a reason for their regret that this diminution had very considerably decreiised the sli'ength of the civil p.>wer, as every publican served the ollice of constable — 'there being no regulation so effectual to secure the attachment of persons serving NEWFOUNDLAND DOGS. 155 If ■• . f ■ -! ' ■ that office to the ma CM's, aixl (ttlicrs in tliin town is bocoino a very groat miisaiico an«l in jury to the iii- ljal)ltantd, I ilo therefore lierehy give notlee tliat if, after t!jc .3l8t (lay of A'lgust. any niercliant, Imatkeeper, or others hhall he legally con • ieted of keej»ing more tlian one doo;, he (»r ihey so offending sliall pay a fine of twenty shillinjjjs for every do^j; above one kept l»y him or tlicm; and I do lierehy nutliorise any and every person to kill all tlie donrs ubove one kiiiAvn to be kept by any mereliant, l»oat keeper, or otiiers 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, docs wot seem to have been reeogniscd by the authorities in St. ffohn's eighty years ago, us witness tlie followin«j: record: - im HISTORY OF NKWrOUNDLAND. 1 At a court held in the Court House m St. John's, 19th Sept. 17H1. Present : His Excellency the Governor, two Justices, and the Sheriff. Luke Ryan was ordered to attend the court to answer a com])laint made against him for selling beef at Is. 3^/. ])cr Ih., in contradiction to the (Jovernor's order of the 19th of August, whicii positively directed that no ])erson shall ask more than l.«. per 11). for beef, veal, or mutton. lie ai)[>eare(l, and acknowledged to have gained the hide, oflfal, and 5/. upon the cow he bought on Thursday last, by selling it at the above exorbitant price. He was therefore lined 10/. Ill 1778, a dispute arising between the iiierebants and boatkeepers in IIar])our Grace, the latter cliarg- mg the former Avitli putting ox«>rbitant prices on the goods given out for the fish. Governor Md wards settled the dis}>ute in a ])ereni[)t()ry manner by order- ing the parties to regulate their i'esj)eetive cdiarges and accounts by the prices at St. John's. The following table will show the difference which led to the com- plaint : — Trices at St. £ .V. John's Prices in £ (lemntulcil till! IJllV .y. ',1. Bread, per bag . 1 K 1 l.i Beef, per barrel . a r* Pork, r> (> Salt, per hogshead I 1 1.-) Ibitter, )»er lb. 9 1 Kuni, per g:dlon . C) 8 Molassos, ,, <> (i .> Sugar, per cwt. . rtos . to :j r> Soap, per lb. 10 1 Candles, „ 10 1 'I'obaoco, ,, 2 () ') and other articles in a like proportion. FIRST INTROnrCTION OF COAL. 157 One other item deserves to be mentioned before l)ringing this cliapter to u close, as it refers to the introduction of an article which has become of prime necessity in St. eJohn's. In the year 1784, a letter was received ])y the (Jovernor, dated Whitehall, informing:; him that orders had been transmitted to the chief ma<::istrate in the island of Cai)e lireton to , and contributes largely to the comfort (jf the inhabitants. In the year 1S(')2 the import of coal reached 37, 1!) I tons. The letter in which the inini'mation was conveyed to the Governor, as mentioned above, bears the signature 'Sydney' (Lord Sytlney, Secretary of State), and Sydney is not only tlie capital of ('ape J»reton, but also contains the held fivan \\lii
  • lished revolution — at first to be regarded with admiring sympathy and hope, and then to [>rovoke indignation and fear, but still destined to march on imtil it cnd)raeed all the nations of i'.urope, alllicting them with the plague of war lor a (juarter of a century. iiy this wide-s])read commotion, in which Great I'ritain had a distinguished part to play, Xewi'ound- land was to \)v shaken from its repose and gravely affected in its various interests, as will ajjpear in the following pages, liut before entering on the facts IMl'OUTANT 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 sliown in tiie previous chapter that one of the great wants in the island arose from the absence of a propei'ly constituted court for the trial of civil ci uses. This want the Courts of Session and tlie Courtof\'ice-Admiralty, though witliout real authority, had been made to su[)ply. In this position of affairs Governor Milbanke 'was strongly advised by his secretaiy, Mr. Graham, who Iiad been secretary to tlio three preceding governors, to (sat something of a coui't established tliat 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 ( )yer and Terminer, ougiit to be considered as mesiniu'r somethiMy tlie (tovernor, (M)ntinuod during the year 17!)0 ;«» proceed as l)ef'orc. The subject was taken up by the Conunittee of Trade iii the year 1791, ami a hill was [(resented to I'arliaiueut under their direction, for iusti- tu\lug a court of the sort they had recounnen«led in the representa(''>ii made in 17!)0. This hill passed into a law, and, being intended as an experiment of a new judicature, it was to eiulurc for one year <»nly. The result of that ex- periment wiv* to projiose another bill in the session of 1792, ^^i4 • "^.. COUUTS OF JUDICATURK. IGI \l unu}!; taken a Mil insti- ll the 1 law, ire, it it ex- I7i>2, for instituting a court somewhat difTerent 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 jud*^c, to be aj)]i()inted by His M{ij( -ty, and two assessors, to be appointed by the Governor from time to time. The Act of 1792 established a su[)reme court of judi- cature of the Ishmd of Newfoundland with full [M>\ver to hold plea of all crimes and misdemeanours, and to determine suits and complaints of a civil natiu'e, accordin*^ to the hiw of England, as far as it was applicable to such suits and complaints. This court was to be imder a chief justice appointed by His Majesty. The Act also provided that the (lovernor, with the advice of such chief justice, mi^ht from time to time institute courts of civil jiUMsdiction, to l)e 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 Keevcs was the first ap[)ointed to preside over the supreme court in St. John's. 1 le also initiated the Surrogates Court in Conception i^ay, the ])roceedings of which were afterwards conducted by Captain Moore. The judge had received the appoint- ment, accomi)anied by instructions to collect the * Ueovos. — Tlio nnthor roprots that licro lio has to take leave of tilt' Ilistorif of the dovirtumnt of the Ishntd of Xeirfott/nfld/id, wliit'li liiis liitluTto been an iiiva iiiihU' i^iiide on Ihr siil>jecls to wlii\,y" M^ IH 1G2 HISTORY CF NEWFOUNDLAND. materials from which to draw up, for the benefit of the British Government, a statement in relation to the condition of tlie iislieries — the customs of the people, and the usages of the courts, and other matters, the knowledge of wliich might be useful in further legislation on the affairs of tlie colony. In addition to the ])erforniance of these, his assigned duties, he presented to tlie public a history of tlie 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. caj). 70), by which the administration of justice in Newfound- land Avas established on such satisfactory grounds, that the statute was renewed from year to year initil 1809, when the courts of judicature instituted under it, were made perpetujd. The expense of the supreme court thus established (in 1793) was not very extra- vagant, as aj)pears from a letter of Chief Justice Coke, who succeeded Mr. Reeves. Salary of Chief Justice . Do. Clork l)(i. Crier (»f the Court Do. Marshal, who also acts as porter to the Court . Stutiouery ..... t s. ll 300 40 3G 36 r> 417 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 ADMINISTRATION OF SIR RICHARD KING. 103 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 Cro-svn, 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 17i)I, and he wjis succeeded by Sir Richard King, Uear- 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 oljjects of the interest and anxiety of the Governor was the Church of St. John's, whicli had fallen into a very dilapidated condition. In a message addressed to the inhabitants on the sul)ject, he ex[)resses 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 i)laces of worship by voluntary subscriptions, they cannot but be sensible how disgraceful it would ai)[)ear 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 ap[)ro[»riated t«^ religious M 2 1G4 IIISTOUY OK NEWFOUNDLAND. |tP, f1 I l)urposes, * witli a view of preventing tlie liealtli of devout persons bein/.i impaired — who, actuated by reliy this time the aspect of affairs had greatly changed both as respects tlie woi'ld in general and the interests of the island. On February 3, 179.''>, but a few (hiys after the execution of Louis XVL, the French Convention had unanimously declared war against Great Britain. The importance of this fact was speedily felt in Newfoundland, Avhich, during the second year of Sir Richard King's government, was busily employed in preparation for defence. Tlie earliest letters, orders, and pi'oclamations 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 rjul annexed to the (Jovernnient are to be esteemed in all respects the same as the other harhours in Xewfouncliand, and every en- coura<;ement given to the fisheries, which you are to make known Ity the prt)claniation you will receive herewith. Jas. Wallace. The siuiie day His Excellency received a memorial from the merchants of the capital, j)raying that 'in m WAR WITH TIIK FUENCII RErUBLIC 165 consideration of the ])resont war, sind tlic lii^li prcniiuni of insnranec on all property ox))orted from this place without convoy, and likewise the ;>;reat risk uttending 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 Kecords, written by Admiral Murray, congratu- lating the Governor on his ap[)ointment, in which the writer characteristically says: — Should the French send a larger squadron on this roast 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 lance from tliis quarter, you may depen*! on my cooperation. On our arrival off the Delaware we fell in with a convoy of American ships with ])rovisions, jtrotccted hy two French frigates : we stoj)pe(l fourteen of them, but the rest and the frigates got otf 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 jit his disposal, and part of these were called for tc 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 gai-rison in a high state of vigilance and disci[)linary pre[)aration, and attended sedulously to the strengthening of the forts and batteries. Especially he gave encouragement to volunteering, in which he was very successful, not oidy m St. John's, but throughout the island — nearly IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I \M. 125 2.2 1.25 ||U ||i.6 ■< 6" ► ^ y] v: '^^L^' % St. '/ r>4;V .%.^^ E^otographic Sdences Coiporaiion 33 WIST MAIN STRMt WIBSTIR, NY. USIO (716)S73.4S03 J p if 166 HISTORY OF NEWFOUNDLAND, ji il'l !i I 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 ser\ice they performed, he said, without interruption or riot. The following morning, after examining the men, and giving up those whose masters appear d to claim RESISTANCE TO IMPRESSMENT. 167 '»'- \ them, eight remained, who having no employ, entered themselves for the bounty. In the afteiTioon, 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 tlie tribunal of justice: on the Wednesday they heard the sentence of death m\ * >■■■ :' i:; 168 HISTORY OF NEWFOUNDLAND. § i ?; i! i f fii 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 lighting 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 th'^ defence of the place. Therefore the garrison and volunteers will parade on the EXTENT OF THE TRADE IN 1795. 169 the 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 ins})ection, 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, sho^ving 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 ... » Sundry merchandise, at that time in store, amounting in value to about three iuuulred thousand pounds. Making an aggregate of nearly one million, two hundred thousand pounds. The alarm felt in the mother-country in reference £ s. iL 7 18 10 2 25 4 30 :ll it 170 HISTORY OF NEWFOUNDLAND. H % m M !,;Hi ^i' 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 tliis town and garrison ; the better to be enabled to make a i)roper defence, I deem it expedient that martial law shouUl be proclaimed, and it is hereby i)roclaimed accordingly. Given under my hand at Fort Tovvnshend, 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 llegiment 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, ' ivhen in action.^ APlMtKIIENSIONS OF INVASION. 171 A letter written by the Governor, aj)parently 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 infomi their Lordships, that early in the morning of the 1st inst. nine ships of war were seen from the point of Petty Harbour, ahout two leagues from hence. They were observed to detain some fishing Ijoats, and con- tinued for some time manoeuvring and reconnoitring oft" 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 harlK)ur. 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 tlicm. Ahout 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 nati(mal 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 immoored, and got under weigh. We are not able to guess their design, or what they will further attempt. You will see hy 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 ■I! i| iil|! i 1 ! ■ s i lip ' - 1 ' 1 t ,J :l ■ ^ ■■i ~. i ilj 1^ ii ■■ ■ J r lii"^' iiiiii 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 is greatly inadequate, if we consider the extent of the posts we have to defend ; hut 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 draAvn 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 TflE INVASION. 173 of jeen had the e an nted 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 I > nils, ' the distance from thence to St. John's, and how the road was, he informed them that the road was very })ad 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 sj, .*Ving went to Admiral Richery and they conversed together, and from that time he thinks all thouo-ht of attackinn^ St. John's was given up.' Considerable alarm had been occasioned in Eno-land 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 :|! mm.. 174 HISTORY OF NEWFOUNDLAND. I ;■ ! iMi; i ill , It l!!| 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 countiy at a time which called for the display of the stern qualities of the British sailor. It was that dark year in the history of Great Britain (1797) when an almost universal sj^irit 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 «t MUTINY ON BOARD THE LATONA 1797. 175 and leers in a By the United Kingdom, and the ringleaders punished. But the seeds of the disorder had spread to other parts of the world, where the English na\y 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 4 .■ 176 HISTORY OF NEWFOUNDLAND. ^IHr address a division of the Latoni'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. Ui)on 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 r, 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 faitliful 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 kino^ 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 think 18. If and to say h you pretend to be the case, I maintain that you arc 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 w.iy 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 satisfacticm 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 : — Eeflect, 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 «■ -'sl'i 178 HISTORY OF NEWFOUNDLAND. I'l 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 countiymen 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 earh 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 sj)read about by evil designing persons, supposing the possibilily of their want of duty and allegiance to their beloved king, country, and constitution ; adding, ' and as a proof of our lionour on this occasion, we hereby offer a reward of twentii (juineas to any person who will ap])rehen(l any person or persons who sliall endeavour diabolically to I! i'l 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 "vvith 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 I'eward of tliirty guineas to any of the Koyal Artillery who shall bring to conviction, befoi'e a magistrate, any person or per-sons who may endeavour by seditious writings or othersvise to seduce them from their duty.' Not to be behindhand in these professions and signs of allegiance, the petty officers iuid 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 tweity guhieas 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 dislo}iil 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 M 2 180 IIISTOEY 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, \iz. — the giving up of the ringleaders in their late actual mutinous crime. Though Admiral Waldegrave continued as Governor of the island until the year IJ-OO, during the whole of which period Great Britain was at war with France, yet in his time the colony was but little disturbed directly 1)y 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 tlie naval and military branches of the service. A wise deter- mination was formed to re A if) 1 1 Having brought this history down to the close of the eighteenth centuiy, a period when great chnnges were dawning on the social condition of the i)eople in Newfoundland, it will not be inappropriate to occupy a few pages in setting down some re- flections suggested by the facts wliich 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 tho position of Newfoundland in the midst of growing communities of men, isolated not only in respect to foreign states and peo[)les, but as a member of the great British lamily. More than one reason may be adduced to account for this. It has arisen partly from the fact that the country 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 H 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 miirht V)c relied on as the best and stoutest m^aterial for manning the wooden walls of (Jld England. There was also one class of Englishmen, the merchants of tlie 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 Avhich fell to them- selves, and they were content that the Government should obtain whatever advantage might be gleaned from the developed nniscles and disciplined nerves of the labouring reapers. And so colonisation was 198 HISTORY OF NEWFOUNDLAND. A I 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 country, 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-dav I'^ears witness that the elements of much that is fair and noble lay hiu beneath the UNFAVOURABLE FEATURES OF THE SETTLEMENT, 199 repulsive aspect of the sceneiy which might have awakened the disparaging reflection of the Roman. On something like the same grounds, from which such a disparaging reflection was foraied, we may account for the depreciatoiy epithets employed by the Governors of Newfoundland in speaking of the country subjected to their periodic sway. For, consi^ r the circumstances under which the Governor took a view of the condition of the country. 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 contiiined 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 SAvift 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 W 200 HISTORY OF NEWFOUNDLAND. I? iilli ft 1 .i , Ml t - " 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 gro-wing 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 S2:)end the winter inside the folds of that vapoury curtain, he was thankful that he was being borne away from that desolate country. 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 imder 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 j^rospect 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 country 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, leavmg their debts behind them in the old country, and in some cases leaving the encumbrances of wife and children behind them too. IreLmd 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. .*• A-l i'll! If ' rebellion in 1798 there were many who in this way found a refuge from the fetters of a prison, or perhaps 11 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 bom, lived and died ^vithout 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 l)rohibitions 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 AValdegravc this clergyman states that he had been LAXITY IN MORALS ANT RELIGION. 203 requested to officiate at an inc iiou.a marriage, and on his refusal, the man had gone he./ we w ith h' intended bride, had got his servant to read ; he marn go service, and the union was consummated. What is speci 'ly remarkable about this case is the fact, that wli 'i it was submitted to the Cro'wn lawyers at home, riiey 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, ■svithout 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. II 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 chann^e brou^^ht 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 continue 1 ever since, and is at the present day bewailed by all enlightened well-wishers of the country 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 bo 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 arisino; 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 .11 206 HISTOKY OF NEWrOUNDLA2JD. ifill 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 eifects 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 difiicult 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 n 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 IIISTOIIY OF NEWFOUNDLAND. that monstrosity which lias been previously mentioned — one-third of the pubUc 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 country, — the religious intolerance with which, for a long period, one part of the population had been treated, and the culpable neglect which had l)een manifested towards the other part, the necessary but illegal squatting by which a quasi-right had been accjuired 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 connnercial 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 ag.'iinst them as a class, in many minds, feelings of discontent which, tliough 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 developcment to a distant day. They had indeed v/ell nigh brought forth, before the close of the eighteenth century, a terrible ci'ime. It has been seen in the previous chapter, that Governor AVaklegrave had formed but a poor opinion as to the cliaracter and the desifjus of the lal)ourinir poi)uUition 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 1 > be relied on in case of civil commotion. And perha})s 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 i-howed a strange alacrity, by offering large pecimiary rewards to clear themselves from the imputation of disloyalty. Thcn'e was an eagerness and an ostentation about the proceeding, which probaT)ly had a share in suggesting to the Governor the suspicion, which he afterwards recorded, of the doubtful character of the Newfoundland regiment. To stinmlate 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 cveryNvhere. And while in most parts of J'hu'ope this spirit had shown itself in an endeavour to throw off the I'estraints of rergion, in Ireland it had entered into a strange alliance with zeal for tlie ancient churcli, foi'iiiinu' a combination which aimed at once to win emsin- cipation from the Saxon rule and from Protestant ascendancy. In Newfoundland the admixture was of a still more complicated character; for there, in league witli the most devoted attachment to linnian Catholicism, there appears to have l)een a large infection of the infidel opinions derived from the writings of Paiiie. I5ut as in such a combination any active design nuist 1' i 210 HISTORY OF NEWFOUNDLAND. II , J u ['■ I II! 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 ^iven 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 country 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 tlicm a reception. As if the British government were rather dubious respecting the loj^alty of the population. Major General Skerret, who had distinguished him- self at Vinegar Hill, was sent to take cliarge 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. Tlie terms of the oath were very general, as setting forth the objects of the asso- ciation, so far as these were connnunicated to tlie majority of the members. From the evidence of Nicholas ]\I'Donald, wlio himself had been sworn, it appears to lune consisted tl THE UNITED IRISIDIEN. 211 of three parts. They are thus stated by him before the court-martial : — 1st. * By the Ahniglity Powers above, I do persevere to join the Irislmien in tliis pLice ' — 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 ' — li^^sed the book. The last clause was ]m)1)ably 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 nutst have represented the majority of the families then living in the town), and that their only dread was about the military, the Newfoundland I'egiment. But the soldiers had their o-svn grievances: being enlisted principally from the class which furnished the adherents to tlie secret society of United Irishmen, they were only too likely to sympathise v/ith the social and religious feelings of that body. Besides this, their discipline was hard — flogging to the extent of five himdrcd lashes, for comparatively small offences, furnishing a s|)ectacle which the regiment was drawn up to sec, many a morning before breakfast. V 2 212 HISTORY OF NEWFOUNDLAND. Sucl.r men were but too ready to listen to sugges- tions that they might aid an enterprise which, while it was diiected 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 proj)Osals 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 kno^vn 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 th(; signal for its repro- duction throughout those districts in the colony where the conspirators were in sufficient force. But happily schemes co dreadful as this, necessarily knoAvn to so many persons, can scarcely fail of being divulged. As the time for the projected crime drew near, JMajor-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 wjis 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. Wliilc at 214 HISTORY OF NEWFOUNDLAND. ■£""■!■'■ i' 1' 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 bloAvn. 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 to^vnsmen. 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 to-wnspeople 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 {Hid 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 transpoi'ted to penal service out of the country, and as soon as there came a brief interval of peace, the whole regiment was disbanded. Lest it should be hnagined 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 tlie time. In a petition for- warded to the khig 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 reaoly 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 robbeiy and assassination.' TVie 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 II PROBABLE AIMS OF THE CONSPIRATORS. 217 he 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. T 2!8 HISTORY OF NEWFOU^'DLAND. CHAPTER IX. 1800—1807. fell The year 1799 closed, and the year 1800 opened amidst general calm in Newfoundland, with the exception of the remainder of tlie 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 liohenlinden. During the whole of this 3^ear 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 country found a considerable maritime confederacy formed against her, a con- federacy which was broken in the follomng 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, belligerent operations. The narra- tive of events during these two years contains oidy ADMINISTRATION OF VICE-ADMIRAL POLE. 219 tliG record of such unpretending fticts 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 ^vitliin itself. Charles Morice Pole, Esq., Vice-Admiralof the Red Squadron, succeeded Governor Waldegrave, his com- miboion bearing date May 2, 1800. He arrived in St. John's in the month of August, at wliich time, and for long afterwards, the small -pox was fatally j^revalent 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 2i), 1801. In the latter year, the records contain an entry which notes an imj^ortant 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 l^i 220 IIISTOllY OF NEWFOUNDLAND. •t 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 drau2:hts 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 Gambler was appointed governor of the ishind and its dependencies. In him the colony was again favoured with the presidency of a man whose njime is traced in lustrous characters in the naval annals of his country. 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 fonvarded from London directions to carry it into effect, this duty being entrusted to Captain Edgell, commander of the shij) 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 verc there already ' fifteen bankers, brigs, and schooners, with about one hundred men and four luuidred boats, and from appearances had made some progress in the fishery,' thougli there was no siii[) 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 thjit 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 liot impose directly any very serious labour on him, yet in the condition of the toAvii, and in the circumstances of the outposts, in the wants of the population generally, and in the evils too patent eve/ywhere, a man of his humane and active mind found alnnidant scope for the exercise of his ingenuity to leave some seed of good behind Jiim. From a somewhat detailed census of the inluibitjints of the capital in the winter of 1801-2 it appears that the whole numluT was 3,420. Of these there were Protestnnts, 1,139, Komnn (\*itholics, 2,2H1 ; sliowing that the Catholics were somewliJit more than two to one as compared with Frotcstnnts. Again, of tlie whole number, 2,0(10 were males, and only 1,3(10 females, a dispropoi-tion in the sexes rather adverse to the interests of morality. * In tlio summer of 180.'}, on liis return from Englnnd in Auj^ust of that year, he found yjj French prisoucrs of wur in churgo at St. John^;). 222 HISTORY OF NEWFOUNDLAND. '■flHHj " " 5 Further, there are set do^vll 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 Gambler was tlie 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 al)undant fund was raised to meet the })overty of the ensuing season, to which His Excel- lency subscribed 40/. 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 tlie IJoman 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 ('a[)al)le of promoting it, was founded on the basis of the Sunday school system, wliich liad ])een introduced in KngUhid by Mr. IJaikes about twenty years pre- Mous. It provided for the i)ayment of teachers in two or more schools, both Protestant and Iioman Catholic. To raise a fund for this purpose, 'eveiy master of a EDUCATIONAL ARRANGEMENTS. 223 family, from tlie 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 wqre to ' as- semble the children every Sunday mornmg, in the summer at seven, and in the winter at nine o'clock, to sec 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 wore 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 inhal)itants, headed l)y the clergyman, ^ contemplating with concern the (le[)l()rMl)le state of iiiiiorance and irreli":ion in wliich the children of the poorer classes, to the num])er of more than three thou- sand, in one of the most populous districts of this island, were innnersed,' expressed their detenni nation to 'unite their humble endeavours to tliosc 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 veiy 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 liberally 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 CroAvn hnvj^ers 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 applicjible in Newfoundland; in answer to which appeal, he received the following o[)ini()n — ' 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 i r It THE governor's CATHOLICITY. 225 the of repairing the churches in that ishmd.' One admir- able trait of Plis Excellency was the earnestness and success with which he laboured to soften and abate the religious acerl^ities 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 lum to tlie Koman 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 ])urcliasing a clock and two bells, for the j)urpose of regulatinnj time, calling the inhabitants in general to public worshij), 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 c/iurch who may be disposed to contrihute to this object, giving notice of such intention, that they may come j)rci)ared for this jjurpose. 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. Gamuier. TIic Rev. Bishop O'Donncl. To this novel request the prelate returned the following re[dy: — Sir, — I had the honour of receiving your letter of yes- terday's date, and will he hain)y in concurring with Your Excellency in a measure of such public utility as purchasing * A copy of the same communicntion was sent to the ministers of the Established and Disdcnting churches. Q I ), 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 tliem 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 tiie 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 follo'wing entry is dated September 17, 1803, at St. John's: — William Cull having brought an Indian woman from Gander's Bay to this harbour, 1 have, for his trouble, loss of time, &c., pai2, but owing to the greatly increased dimen- sions of the sealing business, the destruction of vessels was much mure extensive : but very lew lives were lost. SIIir-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- Ibundland appears to have been much busier sixty years ago than it is at the present day. An 'account of vessels built in Xewfoundhuid in the year ISO! ' gives the names of no less than thirty vessels — rigged as sloops, schooners, duggers, brigs, and ships — the n;!:<^re":ate burden of which was 2,29-4 tons. The table of imports represents 550 vessels to have brouii'lit caro-oes to the island, of wliich 3(U dis- charged at St. John's and 189 at the outports. Among the articles imported in these vessels, bread and flour ligure at 81^,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, 221,102 gallons. The latter appears an astounding item, wlien we consider tlie amount of po[)ulati«'n, and nnght well justify tlie sanguine dreams of Admiral Waldegrave as to the revenue that might be raised by a duty of sixpence a gallon on tliis article (jf luxury alone. The price of provisions in St. John's in the year 1804 is as follows: — Bread (biscuit), i)er cwt., 20.v. to 28.s\ ; flour, per barrel, 44.v. to 50.v. ; beef, i)er barivl, 4/.; pork, ditto, 4/. lO.s'. to 5/.; ])Utter, l.v. per lb.; molasses, per gallon, (Iv. (! 8ff. 7(1. • • . 97. • 1 • • • • Pitch, per barrel . . . 60/ to 63/ 55/ to 60/ * • « Gif. per lb. 70 Tar 42/ to 50/ 35/ to 42/ r ... j^ 2/6 to 2/9 per gallon ]■ CO/ Tea (enmnion), per lb. . 3/6 to 4; 6 2/ 1 1 to 3/ 5/ to 5/6 5/ Tobai-eo, ])er lb. . . . 1/ to 1/3 8(/. to 9(/. . • • 1/6 1/6 Peas, per bushel . . . ■ • • • • • ... *•• .. • 11/ to 13/ 12/ Oatmeal, per e\\ . . • t • • • • .. • 25/ to 32/ 26/ Canvas, per piece . . 84/ ... 95/ 90/ to 105/ Some idea may be formed of the advanced price 105 CURRENT prices: AITEAL TO THE GOVERNOR. 2^7 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 tal)le, the reader will see not only a considerable difterence between the pric'js set on goods given out to be paid for in fish and those charo-ed for cash or bills of exchanii:c, but also a great disparity between the first as ruling in St. John's and wliat 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 wliich left them very much at the mercy of the mercliants with whom they dealt. A representation of this evil has been transcribed in Chap. AIL, addressed by the inliabitants of Vh\- centia to Admiral Pole. In 1805 a similnr npjx'iil Avas made to Gcnernor Gower l)y the people of Fogo Island, in wliich the i)etitioiiei's declare that, 'through the impositions of the merchants or their agents in the said island by their exorbitant prices on shop goods and i)ro visions, they were- from \ear to year held in debt, so as not daring to find fault, fearing they might starve at the approjich of every winter.' And further, they state ' that the said merchiints arrogate to themselves a [)ower not waiTanted by any law, in selling to us every article of theirs at any prices they think fit, and taking from your [)etitioners the produce of the whole year at whatsoever price; they think fit to give.' ' In short, let it suffice to iii- iorm Your Excellency that they take it on themselves pfS 'li 1^ t '238 HISTORY OF NEWFOUNDLAND. m\ to price their own o^oods, and ours also, as they thinlv most convenient to them.' So urgent did this matter appear to the Governor, as calling for some interference to put a sto]) 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 tliis island among the merchants of not informing their dealers of the prices of the sni)plies advanced for the season, or the prices they will allow for the produce, until they are in possession of the j)lanter's voyage, wlierehy the latter are exj)osed to great im])ositi()ns, the merchants are hcrehy required to make known to thcii' dealers before the 15th day of August in every year, or at the time of delivery, the j)rices of provisions and other commodities sold l)y them, and the prices they Avill 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 comj)ly with this useful injunction, and a disj)ute shall arise hetween him and any dealer rc- s])ecting the prices charn-od on such merchant's account, and such dispute shall he brought into a court of justice, the same shall he determined according to the lowest j)rico charged for such goods, and the /i/'(//irsf price given for fish and oil by .any other merchant in that district. And tiie judge of the Suj)rcme Court, the surrogates and the magistrates, are hereby strictly enjoined in all such cases to govern themselves by this regulation. (liven under my hand, Scptend)cr 12, 1805. E. GowEii. louring the period embraced in this chapter, sub- sec [uent to the rupture of the jienee of Amiens, though the colony was never disturbed by a visit from the enemies with which Great iJriiaiii was at war, yet EMBODIMENT OF VOLUNTEERS: 180J. 239 K'O sh 10 le to 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 sjn'ing of L'-Oo. Its organisation took place in the absence of the Governor, and originated in an alinnn, 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 hito consideration the expediency of formhig a voluntary armed association for the pro- tection of public ])roperty, 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 Avas the hasty formation of five companies, each consisting of fifty respectable inha- bitants of the town, under the command of ofHcers chosen by themselves, and a[)proved both by ^lajor- Genernl Skerret, conunanchnit of the garrison, and by the magistrates. These were regularly embodied and furnished with arms from the garris(jn. This corps of volunteers was sanctioned by the Governor on his arrival, and afterwards, while tlie war lasted, received cordial encouragement both fi'om the ministry in Juigland and the autliorities in the colony. The internal ])eace and oi'der of the comnumity during this pei'iod seem to have been tolerably well preserved — a fact which was due not only to tliu regulations of the government, and the vigilance and activity of the nmgistrates, but also, and in a high P 240 HISTORY OF NEWFOUNBLAND. 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 liis charge. Though, from the strictness of the British lavs against his order, his only ecclesiastical rank was that of ' Titular Bishop of Tliyatira in Asia,' yet, untler 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 thf ir destruction, the merchants of St. John's memoi'ialised the govern- ment on behalf of tlie 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 Gaml)ier, and by that of Major- (Jeneral Skerret, and was effectual in obtaininn; a grant of 50/. a year to the liisliop during his residence in Newfoundhuid, A.Iiich grjuit was afterwards altered to a life annuity, without 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, 50/.' When it was said that the internal peace and order of the society were toleral)ly well preserved at this time, it was not meant that the community was, in an exemplary mamier, free from offences and crhnes. 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 j)eculiar 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 societ}', 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 beneflt the minds and hearts of men, perhaps none deserves a higher i)lacc than that of the post oflice, and the conveniences for social intercourse connected with it. Such an institution had been unknown hi Newfoundland until the year 1805. The merchants depended for their corre- spondence on private conveyance, witli all the uncertainty and risk belonging to such mode of '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 gi\'cn to tlie 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. Tlie year following that in which St. John's obtained the advantage of a recomised connection with the postal system of Great Britain, witnessed another innovation on the stagnant habits of the c(jl()ny, 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 ])eriod there had not been in existence even a pi'inting office, all notices from the magistrates, and proclamations by the governor having to be copied out by hand. AVith 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 NEWSl'AVER — 1806. 243 Kid nvf 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 uiformation in the out harbours. They also requested His Excellency to allow ^Ir. John Ryan, whom they recommended as a person of good and respectable character, to settle in the to-wn, to carry out the above desirable ol)iect. In answer to this representation and request the Governor granted permission to the said John Ylyan 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, lie 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 tlie Governor for the time being, may tend to disturb the peace of His Majesty's subjects.' The institution thus guardedly ushered into ])irth 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 tf the Government. Rut it does not stsmd alone. There are, besides five weekly papers, four published twice a-week, one tri-weekly, and two daily papers, an amount and variety of juurnal- 1 u '2 244 HISTORY OF NEWFOUNDLAND. *fli 'FWJii i 1 M . - f ' ' : ■ 1 ism, which is somewhat wonderful when it is con- sidered that nine-tenths of its circuhition 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 opmions, 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 tlic j)resent 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 ( l)j('ct 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 penuission 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 opcjrtunity to declare his opinion tliat it was better in the formation of such benevolent societies in the place, tliat 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 l)eing followed than the sentiment and counsel of His Excellency. It has been succeeded hy 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 i\ 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 whicli denoted an element having its part and influence in the developement of life in Newfoundland, finds ti place in the Records of this period. The following entry is dated July 29, 180G :— . Gentlemen, — The four persons named in the margin, who are arrived here from (Quebec, being Plai/ers, having requested I will allow them to exhibit their Theatricul Ile- jtre saltations 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. GowEii. The Magistrates of St. John's. 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 siirnatures of the merchants and other inhabitants .S St. John's, con- veying the expression of their feelii;- of admiration and gratitude, for the manner 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 aj^pea ranee, 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 lOs. per day 182 10 Do. to five Missionaries of the Church of England . . . 2oO 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 . . . .100 100 Agent s. d. Total £2,565 >47 CHAPTER X, 1807-1812. On July 2t't, 1807, Admiral Hollo way 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 lordsliij), 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 Avinter. He was also happy to report that the seal-fishery in the spring had ])een successful, and that the cod-fishery promised to be e(pially so. One of the first acts of His Excellency was to give his sanction to tlie 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. Hlfi GIvirifT security in tlic sum of 200/., that he will not suffer to be inserted in his paper any paragrai)h or extracts from other pai)ers, which indicated anythin<]j 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, Jis did tlie succeeding issues, with the above conditions. Indeed, so little is there of any editorial character, or even of intelligence, res[)ecting local events, that in a file of pa])ers, containing the puldications of seven years, very scanty mjiterial 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 wonderfnl in the histoiy of the world, but becaus(! the reader is led to imagine that he can realise the feelings which the tidings of these events, in their sudden, irregular aiinonncement,pro(lnced among the good peo])lc 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 contuiental THE BERLIN DECREE AND THE FISII-TRADE. 240 system, and the retaliatory measures of the British Government — the war in FriecUand, and the peace of Tilsit — the battle of Wagrani — the first landin;^ of Sir Ardiur 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 starthng incidents of the war, the pe()|?le of Ne^vfoundlan(l were made to feel in their oAvn interest the evils arising out of that colossal strife. Not tliat there was nnich 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 ex[)ort trjide of the island to foreign states. By the famous liei-lin decree of Napoh'oii, and the answr to it in the ^ »rder in Council ol' tlie P)i*itish Government, nearly all legitimate intercourse between the British possessions and the States on the continent of l^un)[>e was l)r<)Ught to an end. Con- se(juently, tlie markets of tlie jn'incipal Catholic, countries in which had been found the best customers for Newfoundland iish, were barred against the admis- sion of that article. This was a condition of things which to a great extent neutralised the value of ihe p 250 HISTORY OF NEWFOUNDLAND. favourable fisheries which arc attributed to this period. It also called forth a memorial from the merchants enfi^aged in the trade, suggesting remedies for the evil under whicli 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. Anotlicr suggestion put forth in the same docu- ment, is curious and ingenious. It starts from the allegation — That it would afford great rchof to those conccir.od In the trade of tlie island if a plan could he adoi)tcd to promote the con.sumjjtion of cod-fish In the United Kingdom. And for this purpose, say the memorialists, we heg leave to suggest the following, that one pound and a half of dried cod-lish 1)0 Issued to each Individual in His Majesty's land forces per week, the like (juantlty to he Issued to the navy on the home station and those In port, also that three jtounds of dried cod-fish per week he Issued to each ])risoner of war, and that one ])ound and a half of dried cod-lisli ])er week he i>sued to every ])erson employed or confined to a workhouse; this, on a moderate calculation, would require three hundred thousand quintals of fish annually, hcsldes the advantat^e of liavin<; the article Introduced into ihe interior of the country, where at present the Inhahitants have no means of jjrocuriiig it, and consequently, cannot increase the consumption. It does not a[)p('ar that this experiment in the way of educating the liritish people into the use of a fish diet, to be supplied from the stores in St. Jchin's, w.ts acted upon l)y the l^nglish (liovi'i'iiment. But in two months after the date of the menu)rial of tlio mcr- PERMANENT JUDICIAL ESTABLISHMENTS. 251 chants, those gentlemen were gratified by the receipt of the following missive from His Excellency : — ' The Governor fc^els very great pleasure in congra- tulatin53 the commission of Sir John Thomas Duckworth hi the foUowing year appointed him governor and com- mander-in-chief over the iskmd of Xewfoundhnid, *and the islands adjacent, inchiding 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 Tlis Majesty's reign, entitled — ' An A'.'t for esta- blishing ^^^ourts of Judicature in the island of New- foundland, and the Islands adjacent, and for re-annex- ing part of tlie Coast of Labi-ador, and the Ishuids lying on the said coast to the Goveriuneut of New- foundland.' During Governor liollowsiy's period of rule in the colony, a somewhat singular endeavour was made to open a friendly intercourse with the native Indians. His Kxcellency's plan for this ])urposc is thus de- scrii)ed in his own words to Lord Castlereagli : — To ii!ivo piiintings ro|)resenting the Lulians and Euro- peans in a group, i ;ieli in the usual dress of their country. The Indians hrin^ing furs, &o., to traffic witii the Luro- ]U'ans, who siiould he oU'ering hlankets, hatchets, &c., in exchange. TikC p'.ctures to be taken (by an officer com- manding one <*r the si.'liooners), to the place usually resorted to by the ludiiiu^, and loft with a snuill (|uantity of Kuropean i^oods 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 dovrti by the coach to the (jovernor nl Portsmouth, whence he was alM)ut to sail to the colony. The picture was after- 254 UlSTOllY OF NEWFOUNDLAND. Avarcls entrusted to Lieut. Spratt, who proceoded in an armed sehooner 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. Tliis mission was unsuccessful. Lieut. Spratt, after spending some tune 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 luider orders to renew the searcli, and ciideaA'our to carry out the commission assigned to him. Wliether this second attempt was made by him, or if so, with what success it was attended, does not ai)pear, but before the Governor's "iinal departure from the colony he engaged a Williftm Cull and several other men to make a winter journey into the interior of the country, in quest of the Lidians. These men, though they (lid not iall in witli 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 az^d enclosures. Governor Ilollowjiy a[)j)ears to iiave acted i\\,\n i; different feeling in the hitter part of his adniinisti'ution Iron* that which ho manifested * Sec Appendix IV. ECCLESIASTICAL DESTITUTION. 250 in the former. When he first came to the country, he Avas ratlier liberal in his acceding to petitions for liberty to build, or to fence oiF spots of ground. But subsequently, as if he had grown more impressed with 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 I lis Excellency, was the want of spiritual provision by the Church of England for the Protestant l)opulation. On this subject he wi'ote in Fel)ruary 1810 a strong appeal to His Grace the Archbishoj) 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 uidefatigable efforts that were being made by the Uoman Catholic Church in providing priests and places of worshij), while, on tlie other hand, the clerical provision made ])y the Church of England was actually declining, for whereas in 180G, 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 (jf his government, the number of Established clergymen enj2a them wronj;, he Avould be punished as certainly and as severely as if the injury had been done to the greatest among his own ])eople ; and he who dares to nuirdcr any one of them woidd be surely punished with death. Your own safety is in the same manner provided for. Sec, therefore, that you do no injury to them. If an English- man were known to murder the j)oorest and the meanest of your Indians, his death would be the i)unishment of his crime. Do you not, therefore, de})rive any one of our friends the native Indians of his life, or it will be answered Avilh the life of him who has been guilty of the murder. JojiN Thomas Duckworth. TJiC Governor rotHrnod to St. Jobn's Scjitcmber 7, liis cmise in the AntL'loj)L' having just occupied one niontli. The six weeks which intervened before his de- ]):irturc to I'JigL'tnd were employed by him in dealing* with some matters of a special nature, as well us 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 nuu-li neglected. Though nominally 250 nruiAL i{i(;iiTs in st. joiin. 25!) strong, oil His M.xce'llciicy ciilliiig tlie iiit'ii out to make jin oxainiuatioii of tlicir stiitc, only sixty-five came to the miistei', oi" whom, lie says, thirty were oliieers, serueaiits, eoi'porals, and drunmiers. Another ])oint of an unsatisfaetoiy natui'e which came before him concerned the burial of the dead. 'J'liere was but one ^raveyai'd in St. dohn's, which was tlividcd between the Catholics and the Protestants. No minister, however, was alhnved to officiate at the interments but the cleruyman of the Church of Mniiland. This was a servi(.'e of which the lioman Catholics were not very desirous to avail themselves, ])referrinii', in some cases, to lay their dead friends in the ground with i any ceremonies of a religious character. In a letter written by the Governor to Jii.dio]) J.ambert in October 1810, he complains that a funeral had been appointed for a Catholic. The cler^vman had been there at the hour lixed, and waited a considerable time in vain: but alter he had gone away, the coi'pse was brought on the ground and interred A\ithout a minister. Jn consecpience of His Excellency's rei)resentations to the Jlome Govei'n- ment, the Catholics received next year the grant of a burying-ground to themselves, with }»ermission 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 ])raiseworthy activity towards pi*o- curing a su}>])ly. They built churches in several of the outi)oi'ts, and subscribed liberally according to theii* means for the maintenance of ministers, if such I 2 IMAGE EVALUATION TEST TARGET (MT-3) fe ^/ /. -*' >^ ^ t/u :/, i.O ■ii 12.2 ^^1 ui mm I.! f."^ E& IL25 i 1.4 vV^ ? Photographic Sciences Corporation 23 WEST MAIN STRICT WEBSTER, NY. 14510 (716) •7}-4503 fV iV 4 2G0 HISTORY OF NEWFOUNDLAND. m\ I 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 HoUoway 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 more 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 sj^here in His Majesty's employ. The Avinter 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 khidly inter- course between them and tlie 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 anj^one 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 sernce he would thereby have rendered to His Majesty and to the cause of humanity. It wjis 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 hud projected an enterprise in tlie hope of 262 HISTORY OF NEWFOUNDLAND. u Ml ii 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 dra^vn 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 l)y twenty-four of his crew and three guides, and having penetrate! 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 tlie 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 wliich 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 ]iresents. They were allowed to do so, and Mr. Buclian set out to return to his depot with the remainder of his party and the four Indians. They travelled on together lor about six miles to a i)laee BUCIIAN'S expedition among the INDIANS. 203 :: where Mr. Buchan's party had made fires the iiii>]it before, Avhen the chief declined to go any farther, and, mth 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 Avhich 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 vmshaken 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 ^Ir. 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 "vvigwams. 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 wliich threw the Indian into a state of great alarm. Still ^Ii*. Buchan allowed liim to be at perfect liberty, and tliis treatment revived his spirits. Having spent the night at the wigwams, the party next morning resumed tlieir route in pursuit of the fugitives, being specially anxious about the two marines. They had proceeded about a mile, when tlic If ' 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 aff'air 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 j)arty 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 f Sec Appendix IV. INSTITUTION OF A FIIIE-SOCIETY. 265 u a 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 flital 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 ai)prehensions 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 mth 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 Avould 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 ])y application at this oflfice, 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. i j ; 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 miglit 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,()00?. 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 * Auspach 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 thi" "y years, renewable at the expiration of tliat 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 miglit 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 bo made on the space allotted for the streets by bow-windows, porches, or other erections.' ! , 268 HISTORY OF NEWFOUNDLAND. u merchants of St. John's, who, lest the British lis. That the Bi'itish Government did not consider the salvation and strenffth of the British Empire to depend on having the exclusive 288 HISTORY OF NEWFOUNDLAND. m ' ; i! I^!!! if! possession of the Newfoundland fisheries was soon evident. On April 27, 1814, Earl Bathurst trans- mitted to Sir Kiehard 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 plenipotentiaries of Great Britain and France. Article YIII. 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, hi w!iich France alone was interested, at the conclusion of a war, in which France had been the disturber of Europe, at tlie time when the ruler of France was indebted for his throne to the exertions and the sacrifices of the conquerors, may be regarded as disphiying the magnanimity of the nation which had laboured lonujest and done the most to bring about the act of pacification ; but tlie policy of the surrender, having respect to British interests and tlie world's peace, is very open to question. Whetlier or not the Newfoundland fish- eries contribute nmch to that arm of strength, tlie navy of the United lungdom, there can be little question that, deprived of a participation in those fisheries, 1'' ranee would be almost without a navy nt all. if PAMPHLETS CF DR. CARSON. 289 Contemporaneous with tlie advancing prospect of the return of peace, there had sprung up with speedy growth the forerunners of internal conflicts, which were to be tlie occasion of new anxieties to the governors of Xewfoundhuid. This change may be attril)uted to various causes — the rapid increase of the popuhition, tlie great prosperity of the hitter years of the war, the abnormal state of the administration of the country as compared with other colonies, and tlie general dissemination of ideas in regard to the rights of self-government by the people. The in- liabitants 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 i)olitical purposes, seems to have been inaugurated in 1812, and was the occasion of such trou1)le to Sir John Duckworth, that he ])rought it before the notice of the Secretary of State, in a commvmication to whom he gives the information that a jiamphlet had recently appeared written hy Dr. Carson, a physician in St. flohn's, of a very libellous character concerning the authorities and the system of government in ihe c()U>ny. Sir John also stated that he understood that another was preparing by the same j)en, of a still more infamous character; and he thought it was a matter which called for some interi)osition by the functionaries of the law. The second of these pamphlets thus alluded to u ( I! i!; 15: ii I ft '4 i I 290 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 arts 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 ])ractice of this vicious conduct was of very recent date 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 arc 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 does not appear that there was anything dangerously disloyal or immoral aliout it, or indeed anything specially ofiensive, saving a few hard words c(mcerning the des[)otism, pride and ignorance ascribed to the governors of Newfoundland. The RISING POLITICAL FEELING. 291 real sting of the paTTi[)hlet 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' letter — ' 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 l)y taking to themselves credit for having forced Cfovermnent 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 subordhiation 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 Ilis Majesty's representative and the timorous forebodings of some of His ^lajesty's subjects, the leaven of a demand for local legislation and government had been introduced, and was not to be elinnnated, but to go on doing its v2 'I \ 292 IIISTOHY OF NEWFOUNDLAND. h iii 1 ! M'' ' \% 3 ^1 fermentinq; 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. 15esides tlie manifestations of a rising political feeling, St. John's witnessed the outbreak of disturb- ances havino; another ori":in, and some of which wxre 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 inhal)itants on the subject of mad dogs, in consecpience 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 thiit 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 tlie court- house. The following is a copy of tlie letter, tran- scribed verbatim et Uterathn : — THREATENING LETTER TO THE CHIEF JUSTICE. 293 To the Honnrnhle Cesar Colvoit^/h, Esq., Chief Jmhjc in the. Sn])reme Court of St. Johns, and in and over the Island of Newfoundland, ^'c., ^'c, ^'c. Tlie humble petition of the distress^ of St. John's in general most humbly shewcth : — That the poor of St. Jolin's are very much oppressed by different orders from the Court House, which they amigiue is unknown to your Lcmlshij), Concerning the killing and sho .iifj their doijirs, without the least sine of the being sick or mad. AVec do hoj)e that your Lordship will check the Justices that was the means of this evil Proclamation against the Interest of the poor Families, that their dependancc for their Winter's Fewel is on their Don-jxs, and likewise sevc- ral sinjTjle men that is briny-inn; 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 DofTo-s in Ireland was before the rebellion the first In- stance will l)e given by killing Cows and Horses, and all other disorderly Vice that can be comprehened by the Art of Man. Wee arc 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 ol)taining Life Everlasting for your Lordship in the world to come. Mercy wee will take, and ]\Icrcy wee will give. This communication produced a considerable degree of angry a})prelicnsion among the guardians of the public peace. It was viewed as indicating in a portion of the lower classes of the ])eoi)le a s[)irit similar to tlijit which brougiit forth evil fruits in L'eland. The Chief Justice looked upon the letter as of such a threatening character that he i)ut fortli a proclamation ^■\ml i !i :i ■i 'ill 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 susj)iciously 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 U2:)roarious 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 tlie 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 tlie men of Watei-lbrd, II HUSH FACTIONS IN ST. JOHN's. 295 iSelvC'S [loting ' Whey Belly ' — while those of the county of Cork wei'e designated ' Dadyeens.' This combined one principal faction. The other side was composed of ' Doonees,' or Kilkenny boys, and ' Yellow-bellies,' significant of the AVexford 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 Avas questioned as to who he was; and as his pride would not permit him to deny his country, he was instantly knocked do^vn by the person asking the question Avith an huzza, as the case might be, for the " Clear Airs," or vice ver^sa, 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, stnpped 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 meUe^ 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. ■m f 1 .*■■*;■ , i 1 iB i! !i ;i I 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 pi'cvail over the feelings of religious subjection and unity by which the children of Catholic Ireland have alwaj's 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 bishoji. He is either a County Ti})])erary or Waterford man. The bishop is a County AVexford man, as are also his two domestic chr.plalns, and I believe a large proportion of his clergy. This seems to have given umbrage to all the persons coming from the jiart of Ireland of which Power is one, and every demonstration of respect and attention is paid to Mr. Power, the susi)endetl priest, and some very respectabl ; peoj^le speak very favourably of him. Altogether these feuds, springing from a nationjd characteristic, and fostered by various causes, gave sufficient trouble both to eccle;siastics 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 tlic governor, who was in England. CLOSE OF G0VETIX< U KEATS S ADMINISTRATION. '297 tionnl gave 3xt Las Justice of the froiu the altar, nor iii^ictions of punislimcin on such as had taken a ii I'jnuit ]>!'i't in the riots, conkl prevent these disordei'ly and dangerous outbreaks. They were continually renewed tor ti gren^ piirt of a generation, and then yielded t( hat is -erhaps a modified diversity of the same spirit — a somewhat hostile recognition of a diiference 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 aifairs of the colony. During the three jenra in which he had been at tlie head of the island he had seen great changes take placo, and he left w^ith a perception of other changes, the elements of which wx're preparing. He had wit- nessed an unexampled degree of prosperity in tlie 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 draAvback to these signs of good fortune, was in the high price of 2:)rovisions, sometimes entailing the danger of scarcity before the close of the winter. His Excellency had .also marked the r.apid growth of a political agitation aiming at the .acquisition of some popidar power in the direction of the Government. This was a sign which the Governor evidently did It Ti i ,i i 1 1 f lap .. I,. 'V' ■ 1^98 HISTORY OF NEWFOUNDLAND. not like. In a letter to the Secretary of State on tliis sul)ject, he speaks of the populous town of St. John's being * too easily agitated, and subject to tlie 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 mt crests 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 Avants 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 EstabHshed Church to reside amongst them, no addition has been hitherto made to their scanty numbers, th7'ee 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 Kichard Goodmn Keats had taken his departure from the island, St. John's w\as visited by the first of a series of calamities, producing a large amount of fear and distress. On Monday, 1 -I GKEAT CONFLAGRATION IN 181G. 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 comnuuii- cated to the houses adjoining, and burnt "svith so nnich fury, that one hundred and twenty liouses, the homes of about a thousand men, women, and children, wei'e 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 ^vith 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 "svith 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 buildiii_;s 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 fi'om much damage. The whole loss sustained was f'stimated 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 whicli has been too frequently exemplified on like occasions among the lowest orders of the capital : — Amidst this awful scene of coiifusion, so unavoidable on such occasions, it is a melancholy fact that too many of the pojmlace were more intent on plundering the unfortunate sufferers, than in affording them aid and assistance for the [|: ■ 200 HISTORY OF NEWrOUx\DLAND. Ill ; I preservation of j»roperty or the extinction of tlic flames, some of wliom have been since tried, convicted and pnlilicly punished for otfcnces of this description. Still, however, ])r()2)erty to a very considerable amount, which is known to have been rescued from the flames, is ke])t in concealment from the suffering owners by these unfeeling Avrctchcs. The merchants came forward for tlie relief of tlie distressed. In less than Ji week they had nuide sub- scriptions to the amount of l)etween 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 sufle ring- occasioned by it, ill 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 aj^plied, not on the princi})le of indemnification for losses sustained, but exclusively to aftbrd temporary relief to those who were absolutely deprived of the means of subsistence. On ]\Iay 18, 181(), Admiral Keats was, in answer to his request to be relieved of the duties of his oifice, notified, by order of the Prince llegent, that Vice- Admiral Sir Francis J^iekmore was aj)|)ointed his successor. Tlie 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- hal)itants of the colonv, and the like of wliich has never been repeated since, liefoi'e entering into the causes and the manifestations of this time of distress, a dreary account of which must occupy a considerable i IRREGULAR JSIARRTAGES. 301 Space, there are one or two items of lesser Interest that merit a place in tliis history. One of these relates to the snhject of marriaii'es. Xotwithstanclino; the frequent representations which had been made to tlie Home Government, of the unsatisfactory state of the law in re^rard to this important social institution, no special enactment had been made a})plicable to the circumstances of Newfoundland. The consequence was that the few clerfrymen of the Church of England, naturally possessed Avith the ideas proper to tlieir [)ositiou ill 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 dou1)tful validity such unions as under other sanctions were formed beyond their districts. On the other hand, a large [)ortioii of the people stood on Avhat were known to l)e the customs of the country, by which marriages performed in the presence of magistrates, or of ministers of what per- suasion soever, become leaal and bindiuii'. On September "28, IHIG, the lieverend Havid Jvowland, Estal)lished Clergyman at St. John's, memorialized the Governor, informing him that ' the Methodist Ministers had lately taken u})on themselves to solemnise the rites of mati'imony in the town, contrary to the laws of the realm, and to the irre[)ai'able injury of the persons concerned and their innocent offspring,' and requesting his I'^xcellency to adopt measures to prevent the recurrence of such abuses. ()n the receipt of this communication, the (lovernor sent for the two dissenting ministers in St. John's, KH^ 302 HISTORY OF NEWFOUNDLAND. Mr. Cubit, Wesleyan, and Mr. Sabine, Congre "Rational- ist, -vvith 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 Ejiiscopal 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 sacrcdness of the Sunday, and were in the habit of prosecuting the fishery on that dtiy, as on others. To put an end to practices which were ' a great scandid 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 isljuid. Previous to liis leaving England for his second and last visit to his government. Admiral Pickmure received instructions indicative of altered views entertained by His Majesty's ministers respecting the ('a])acities and requirements of the colony, liy oiiu of tliesc he was empowered, in consideration of the ; i LORD BATIIURST S LETTER TO THE GOVERNOR. 303 representations wliicli had Ijcen made from time to time, as to the distressed state of the population (jf ]^,ewfo midland, and of the fact that notwithstanding the ungenial cUmate, 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 enojiije in the cultivation of them, ' takiuG; care always tliat 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 IMiijesty.' The Governor's instructions also called his attention to two circumstances on which llis Majesty's Govern- ment were desirous of rcceivim? his observations and opinion : — In the first place (so ran tlie letter of Lord l>athurst), as the colony has of late years, from the rapid increase of the j)o|)nlation, assumed a character totally dilferent from that under which it had been usual ]>rcviously to consider it, 1 am most desirous of receiving from you your opini«)n as to the propriety of introducinjj!; any and what chantre into the system of Government which has heretofore prevailed. And in the next place, considerin;^ the natural difticulty of conjunnncation hetween Newfoundland and the other North American colonies, and thec(mse(pient injpossihility of at all times aftordinj^ protection cither a<::ainst external attack, or internal commotion which its inhahitants have a fair riuht to demand, I am most anxious that you should consider the l)ropriety of orjjfanislnn; a niilitia force in the colony, and state to me the details of any arrangement wliich you may consider elloctual for that object. yo4 HISTORY OF NEWFOUNDLAND. I'. I I I But all matters of an ordinary nature were com- pelled to occupy a subordinate place in the thoughts of His Excellenc}^ in presence of the accumulated and diversified difficulties and troubles which followed each other in rapid succession during his brief admin- istration. The bc<2:innin2: 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 colla})se of such extension on the establishment of peace. For three years the Newfoundland fishermen had the entire seas to themselves, neither Americans nor Frenclnnen com- peting with them. The seasons, too, were favcjurable to the prosecution of their enter[)rise 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. ]\Ien's wages rose in proportion to this unwonted prosperity of the trade, and the hi'xh waws invited emi<»rants in great numbers. In 1814, neai'ly seven thousand persons arrived in Newfbundhmd, and in 1815, when the prospects of good fortune were diminishing, four thousjuid came to increase the population. A large ])art of these took up their abode in St. John's, the inhabitants of which increased between 1812and 181G, by the addition of one-h.'df to the census of the former period. To meet this infiux of new residents, there SIGNS OF AN APrROACIIlNG PANIC. 305 were coin- lie tliouglits nulatecl and ch followed brief adnun- both to the tural conse- 1 extension latter years ill extension ic years the ire seas to cinnen coni- e favourable under this le time the • another, to its. Conse- 1 was taken, ) three times sly. Glen's I prosperity 'miurants in II thousand 1815, when ishing, four 1. A large John's, the 2 and 181G, ■ the former lents, there was far from a proportionate enlargement in the dwellings for their accommodation, a disproportion which necessitated a closer crowdiiifj: 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 hnig 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 i)arts 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. ]\Ieanwhile the arrangements of the merchants in accommodating themselves to the new disposition of affairs lagged beliind the progress of events. Tliey were still under the obligations arising from hioh wa^i-es, and other items of an extrava":ant 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 efllect of the ruinous system of 806 TIISTORY OF NEWFOUNDLAND. li ku' llr ii" .' p 'i i' ' \ i^iM l\\ :''J'i ;l \\': y : I credit piii'siied by tlio mcrcliant cooperating witli the untoward aspect of the trade generally. ' This has led to the consequence of producing a greater number of failures than ever were before knin>')i 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 connnunication addressed to Earl Batluirst, it appears that no less than 920 cases, arising out of the extensive failures, were brouglit 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 mnny, 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 nimibers of people were without any engagement for the fishing season. The quantity offish taken was small in proportion to those employed, the weather moist and unfavourable to the drying and curing of what was collected from I THE PANIC OF 1816. 307 [ug: witli the producing a were before easoii. Up- issued since ber last, and ncy.' From Bathurst, it I or out of the LC civil juris- ead evidence lave a serious immediately insolvency. L' dependent he means of d to receive he summer, evils were occurring in feds destitute there. [less depress- In ter. From [ers of people ^hino; season, proportion to Linfavourablc )llected from the sea : and tlie 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 hcnrtless 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.* Ao:ain 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 Christinas time revealed the hideous spectre of fjimine brooding over the land, for some months to come. This api)rehension 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 mngistrato to Governor Pickraore. X 2 'MM I 308 HISTORY OF NEWFOUNDLAND. and merchants, preserved St. John's from such scenes of snfFering, fifrgravnted by anarcliy as distressing, as were ever witnessed in a, doomed city. As it w^as, 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 famisliing 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 unceasino; and unrelentinn;, the labourinoj 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 luiavailing to relieve them, since provisions were not to he bought at any jmce, 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 IMa- 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 DISTliESS or THE INHABITANTS, 18] 6-17. 3C9 ;li scenes (ssing, as t was, lie raw from ', of flour 'amishing I address John's to ?, supplies that sore ce to the irs to the midst of a 3 labouring their half- s toil, when amilies had ed by their ities to the drained by s in money e provisions were seen y refuge to ins: famine m His INIa- md terrible le company wonce, and ■which such summer. But the return of the accustomed period of activity brought little revival to tlie prospects of the country. Multitudes of persons were going about the streets unemployed, kept alive by the charity of their neighbours. It had becomes a matter of paramount necessity to ship great numbers of tiiese 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 shij) 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 jiffairs 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 tliat fishery were prevented from putting out to sea at tlie 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 1810 give of seal skuis, exported 147,009, for 1818, 105,622; while for 1817, only 87,:538 were shipped. This failure in a voyage Avhich was becoming of considerable importance was sufficient to make a bad 6 mitigated spring to * Governor Pickmorc's Report to the Secretary of State. 310 HISTORY OF NEWFOUNDLAND. II E f' a ■\' season, even if the cocl-iislicry hud been ever so suc- cessful. Indeed tlie liitter appears to have been toler- ably abundant as to quantity. Ikit the price in the foreign markets hud reached u disniuUy low figure for the merchunts, an abatement which of course ulti- mately had to be borne by the planter and the iisher- man. Taking into account the recent connnercial panic which had shaken so many of the principal houses in the colony, the destructive* lire in St. John's, in February 1816, the subsequent paralj'sis of the seal- ing voyage, and the depreciated value of the produce of the cod-fishery, the sunnner of 1817 was one of the gloomiest busy seasons ever witnessed in Newfound- land, and held out a prospect for the ^vinter, to the gloom of which nothhig, 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 folio v/ing is an extract : — Whereas it having been represented to nie, 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 tlie 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 reqiure. 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 Jirst obtaining my special authority and license for so doing. (Signed) FKA^XIS Pickmore. TIIK SECOND GREAT FIRE IN ST. JOHN S. 311 r SO SllC- 2en toler- ce in the igure for rse iilti- ic iislior- iiiil pill lie louses in oliii's, in the seal- ! produce ne of the ewfountl- )r, to the le added. sed. On by His ^:tmct : — in coiisc- liite dis- deposita- y of the ensue, at obtain an emporaiy port of ertained, case may le of the ^rochama- kind or m's with- so doing. MORE. The cidnmity which calh;d for this extreme action on the i)art of the governor, had broken out at ten o'clock of the ju'evious night. At that hour a small house was discovered on lire, contiguous to Water Street. Frc»m this the ilaines s})read witli such rapidity, that in a short time tlie neigh]K)uring houses were burning. Very quickly the conflagration extended to Water Street, on which were situated tlie great depots of stores and provisions. Tliough all available measures were resorted to to sto[) 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 capitiil, both civil and criminal, was conducted, and the prison in which accused or convicted oFenders 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 IIISTOUY OF NEWFOUNDLAND. I i: i'l Besides attending to the iinniediiite necessities occtasioned by the fire, the governor liad to take means to estimate and pro^■ide 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 wliich had been laid up the provisions on which for the next six months 10,000 people had to depend. Requisitions were thei'efore addressed to those merchants whose property had been destroyed, risking 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 despatcli 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 m 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 HI THE THIRD GREAT FIRE IN ST. JOHN S. 313 iR'ccssitk'S ake means it not less : buildings c'd were no en laid up ix months tions were je property I statement f food they nts whose directed to articles as sufficiency I reveal, a in Halifax vhich had ubsistence his Lord- nsignment 3 read and o miti crate iagration, le citizens sitation of 3k in the mg watch iescried a es on the 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 baftled 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 7 th 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- si)ecting 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 dweUing-houses the misery is little less. Many iamihes, once in affluence, are now in absolute want. 314 HISTORY OF NEWFOUNDLAND. ■i I ' ' I Their caniinirs durinu; 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 tlie commence- ment of winter, without the means of existence. Within these two days, two men have been found perislied of cokl, and many hundreds must inevitably experience a similar fate if humanity does not prom})tly and eifectualiy step for- ward to their relief. . . AVe, therefore, i)rcscnt that His Excellency the Governor should be solicited to take such steps as the exigency of the circumstances demand ; and to «;ive all assistance which his high office has, through His ]Majesty's government, placed within his power, in order that His ^lajesty's dutiful and loyal subjects may not peri^^h. It is 2)ainfiil to have to notice one characteristic of the lower orders in St. John's in comiection with these dire disasters. Many of them availed thcjnselves of the distress of their nei 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 beginnhig of the winter had probably pressed too heavily on his mind and heart, and in con- sequence, there was marked in him a failure of his usual health. This for some time did not appear of a threatenino; or danu'erous 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 maimer appropriate to the rank of tho deceased. All the military and naval force on the station were [)resent; 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 lires had made, and in the midst of peo[)le still enduring sharj) sufferings, which he had done his best to mitigate, the old admiral was laid temi)orarily 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 .1 T I ■ ii'' 320 HISTOEY OF NEWFOUNDLAND. governor, who for a period of 130 years, has died at liis 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. I I •I I I 321 CHAPTER XII. 1818-1825. After the deatli of Admiral Pickmore, the duty of governing tlie colony devolved i Captain IJowker, the coniinander of the Admiral sliip. Tiie task ^vliieh Jiad tlius unexpectedly fallen into his hands was not a light one. It had to be undertaken in 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 v hich 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- ])lies forwarded from Halifax, sup[)lemented by the generous gifts of the Americans — the scarcity was very great, and entailed a large measure of suffering. But, ai the Avceks 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 in Ai)ril. 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 or NEWFOUNDLAND. «i: ir !| 1 1 I 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, by the arrival of Sir Charles Hamilton, Baronet, and Vice- Admiral of the Blue Squadron, whose commission as governor and commander-in- chief was read the 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 afterwards, His Excellency, in a letter announcing to the Earl of 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 urgent demands on the Governor's attention arose out of the conflagrations which had marked the close of the administration 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 suff'ering. Notices Avere published prohi- biting the commencement of any buildings on the site of the old ruins, until some plan was authoritatively adopted, by 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 sucli a plan, fresh evidence was afforded of the ADMINISTRATION OF SIR CHARLES HAMILTON. 323 s be dimi- 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 Avhile it lasted burned twelve dwelling-houses, destroyed a portion of the Ordnance propei'ty, 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 1S17, which, first discovered at one o'cl'^ck 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 rumous 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 inhjibitants 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 annujdly thousands of emigrants, a considerable portion of whom stayed in St. John's — y 2 •:f M ' I 324 ITISTORY OF NEWFOUNDLAND. :!h, i crowding tlie liouses, already too mncli crowded toiietlier: and, eitlier as tlic 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, a^ain and asrain the inhabitants were called to look on a blazing apparition, devouring their possessions, imtil 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 cariyingout 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 autlioritatively to adjust these claims, and to provide for the main object which had originated them, Avas by procuring an Act of the British Parliament, which was a some- what slow process. ]\Iore 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 delav; f t CONVENTION WITH THE UNITED STATES. 325 consequently, erections wont up in an Irreg-ular manner, and were tolerated ])y 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 coDsideral)le number of tlie 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 principtd street, runnhig in the line of the harbour, should wot 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 (iO 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 wtis af^reed that the inhabitants of the United States should have for ever, in common with the su])jects of His Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland extending from Cape Bay to the Bameau Islands; on the western and northern coast, from Cape Bay to the C^'-iii'P'-*'^ Islands; on the shores 326 HISTORY OF NEWFOUNDLAND. t:!l of the Magdalen Islands, and also on the coasts, bnys, 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 liberty 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 M » / rUBLIC 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 tbj seriously-augmented rivalry to which it subjected them in the prosecution of their business. The greater part or the bank fishery was already occupied by the Fiench, who were subsidised by a large bounty for every quintal they "aught. And now the Americans were brou;,.!'t in to enjoy a concurrent right in the shore fi hery, of which they availed themselves to such an extent thai four and five hundred vessels were reported as visiting the Giilf 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 ucceedmg 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 tlie trade generally, in a very untoward state. Indeed, hut fur the seal-fishery heing followed to a mueh greater extent than formerly — and in most seasons with great suceess — for some years, the eon- dition of the people must have been almost desperate. One ii'reat airii'iavation of the evils under which they suffered was there being a constant influx of uew-eomers 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 alUicted with infectious diseases, in the midst of a people juuong whom an enormous and M'retched pauperism was becoming the normal and most marked characteristic of tlieir social state. So alarming was the prospect of destitution on the {ip[)roach of the winter of 1821-2, that the Govei'uor, to stimulate the charitable contributions of the J'rin- cipal inhabitants, engaged, on l)ehalf of the Ib'itish government, to double the amount which they should collectively raise for the relief of the ])oor during the coming season, a proposition which was lil)erally responded to. One or two extracts from a memt^rial bcariii"- the signatures of upwards of a hundred and fifty [)ersons, including clergymen, civil ollicers of the (ioveriiment, merchants and others, presented to His Mxcj'llenc\- in the following Mav, will best set forth tlie low condition of the trade, and esp(>cially, the miseries of the [)reced- ing winter. It commences with this mournful exor- dium: — fi :vrE.N[( RIAL ON TIIR STATK OF TRADE. .'V29 jovcnioi", :\r: it 1)1 IV It ])icaso V(»ur i'iX<'('llcMirv ]• V,— AV I lis :\r ijoi^tv's (lurllul aiii-oach your Excellency with a faithful account of the (fycut distress i)revailinut the accounts of the markets abroad received hy the early arrivals are dlstressinn- to a de;i;rco. The averai^e sales o )f last y ears sluitinen ts d o not realize two thirds of prime cost, and as everytlunj^ tends to dis(M)ura!i;e an extensive prosecution of the fishery, there i.s not a douht but great luunbers of ])ei*sons will remain unemijloyed during the approaching season. Ill reference* to the distriljution of the charitable fund, they say : — Your I'^xcellency cannot hear but with astonishment that the numl)er of persons elieved, for the most [»art we may say supported by the connnittee, amounted to more than two tluMisand three hundred, comprising nearly one-third of the whole population of thedistrict,and composed chiefly of jiersons who came «»ut of Ireland in better times, and their families who have been born here, and who, in the j)resent dei)ressed state of the trade, cannot hope to earn enough to suj»port themselves. Thus the paupers of last winter will certaiidy ]m' paupers next winter, and nothing but a very successful fishery can prevent the number from being considerably ftu^iuien ted. i 1 330 IIISTOllY OF NEWFOUNDLAND. The pressure of hard times gave a stimuhis 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 m 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 under 'h the followin<^ year, thougii still retaining the rank of governor, the THE SUPREME COURT ESTABLISHED: 1824. 335 duties of his office in the island being performed in liis absence by the cliief justice. The result of the deliberations of the ministry was the bringing before Parliament, and the passing by that body of an elaborate statntc 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 ISIost Excellent Majesty, by and with the consent and advice, &c., in this present ParHament 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 he a Court of Record, 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 ])urposes as His Majesty's courts of King's liench. 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 i'or for Newfoundland, and all places within the Govermnent thereof, and shall also have jurisdiction in all cases of crimes and misdemeanours committed on the hanks 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 IIISTOIIY OF NEWFOUNDLAND. three years' standiiif]^, 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 enabliii;:,^ 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 l)y 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 tliey 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 determinhig any suit arising out of a violation of any Act of Parliament, relating to the trade and revenue of the Dritish 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 a})peal to the su})reme court, for a reversal of such judgment. 15y the same Act, authority was ffiven to the Governor to institute a court of civil jurisdiction on the coast of Lul)rador. Such are the pi'incipal characteristics and aims of a statute which, with the royal charter issued in conse- quence of it, has formed tlie basis of the modern juris- ])rudence of the colony. ]»y it, the old system under naval surrogates, which liad to deal with nice questions of law, and give judgment thereon, a system Avliicii THE ESTABLISHMENT OF THE SCHOOL SOCIETY. 337 in its earliest clays 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 publication of that instrument, the account of which will be given in the next chapter. An effort of a charital)le 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, witli th(3 sanction and assistance of the Govermnent, a training- school, from which teachers might be sent to the different out[)orts. 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 ]\Ir. Sanuiel Codnor, a man Avhose name is gratefully associated with the small measure of })rimary education provided in the country until ven- recent times. His Excellency, in laying this memorial before Lord liathurst, expressed liimself as not sympathising witli its ]>roposed olyect, he regarding the movement as of a sectarian character, in op[)osition to the schools z if ';? M J#! 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 countiy. 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 consideral)le 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 liis 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 ball, when all his companions, save the woman, precipitately fled. The woman returned with Mr. Peyton and his party, and was placed luider the care of the episcopal missionaiy of Twillingate. She appeared to be about twenty- three years of age, of a gentle disposition, and intelli- gent enough to acquire and retain many English words which she was taught. It was ascertained that slie 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 l)rought 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 sliould set out in the following spring to effect her restoration, and if possible open up some friendl}^ communication Avith her people. Unfortu- nately, before Captain lUichan's enterprise could be accomplished, the woman died. This sad event occurred on Januar}^ 8, 1820, and was only too likely to increase the obstacles in the way of estab- lisliing 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 liim the body of the dead woman, which had been :: I z 2 3|- 4 'i',ir,'. 340 HISTORY OF NEWFOUNDLAND. li 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 b) N- r people, who, it is said, did in fact discover it, anil urt Tv/ards convoyed 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 Cidl 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 Oull, 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 Avitli 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 ap^oeared 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, consisthig 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 hehincl in St. John's, where she lived for some years, dying at hist of consumption. lose name ABORTIVE ATTEMl'TS TO CONCILIATE THE INDIANS. Ml cretion might render most suitable as ' an incitement to these jwor creatures to repose confidence in our people in that part of the coast they frequent.' Whether any immediate good effect Avas produced by this new attempt at conciliation does not appear in the Kecords of the colony. That this, as well as former efforts of the same character, was without any permanent beneficial fruits, is e\ident from the fact tliat traces of the Indians gradually grew fainter : until now, for many years not one of them has been seen, jind it is questionable whether at the jiresent time a single individual of the race exists in the island.* * The period of the administrntion of Sir Charles Hamilton was marked by the most earnest attempt to explore the interior of the country by ^Ir. C'ormaek. Extracts from his narrative of the expedition will be found in Appendix No. 5. f she lived for l! 1 342 HISTORY OF NEWFOUNDLAND. ■■t CllAPTEU XIIL 1825. In 1825, Captain Sir Thomas John CocLraiui was comiriissioned to succeed Sir Charles Ihimiltoii in the govennnent of tlie island. In his appointment to this office, the rule, which had been followed for many years, of making it an a|)[)endage to the functions of the admiral in connnand of the srpuuh'on on the station, was departed from, prol)ahly from the ;L;reater importance which had grown up in the civil affairs of the colony. Captain Cochrane occupied tlie post for a longer period tlian any other governor either l)efore or since; and this fact, togetlier with tlie great clianges introduced by the Imperial Pai'hament, and the active interest His Excellency manifested in tlie internal arrangements of the country, which led him to effect considerable improvements, especially in tlie neigh- bourhood of the capital, niiikes the period of his rule one of tlie most impoi'tant in the jumals 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 ol 'I I f5 I I ADMINISTltATlON OF Sill T. J. COClIKANi:. 343 tlio proper historical period, tlie niitlior intends as liir as possible to contine hinist'lt' to t'n' |)rinc'ipal occurrences and tlieir causes, and to touch on these; wirl: a brevity whicli he desires to make more evident in tlie pro«rress of what remanis of this work. The commission of Governoi* (.'oclirane contained ii clause which indicated tlie inti'odui'tion of a furtiier change in tlie mode of directing the alfairs of tlie colony. Whereas previously the rejn'esentative of tlie crown liad been left to his own discretion, aided by such instructic^ns as he received from the autho- rities at home — no one in the island sharinir the re- spoii^ibilities which devolved on him — it Avas mow ordered that a ccnmcil shouhl divide with him the burden of the charge. 'J'he clause enjoining this new arrangement ran as tbllows : — And our will and pleasure is, that there shall heneeforfli he a couueil within our said island and territories, to advise and assist you, the (Jovernor thereof ; and we hereby require that you, the sa'd Sir Thomas .lohn C'oehranc shall, ujion your arrival in our said island of Newfonndland, fttrthwilh call toijether as many as ean he eonvenientlv assembled «>f the person- whom hy our ins' vuctions, un«ler our signet and sign-inanuai herewith given to you, we have luuninuted and aitpoiuled to he members of oiu* said eouneil. On Saturday, October 8, 1825, tlie commission of His Excellency was read and [)ublishe(l in the presence of the judges, the lieutenant-colonel com- manding the f(irces, tlie principal officers, civil uiid military, and iidiabitants assemblcil sit Oovermnent House — the Governor taking the oaths of office, nnd then administerin'r the same oaths to Chief 4 344 HISTORY OF NEWFOUNDLAND. , ) tTusticc Tucker, Assistant- Juclted to put some check on it, by exacting a [)ortion of work, while work was avaijjible, from the able-bodied who were likely to be, and who had in fact already become, a|)])lieants for poor relief, lie therefore put out a notice, stating that such persons as were willing to work, and -ould find no employment, might be engaged at low wages in the repair of roads, or other works of j>ubli(' utility, until the extreme iM^iour of the season set iji. These i EMI'LOYMENT OF ABLE-BODIED PALTEUS. ■^45 labourers were to receive at tlie rate of eigliteenpence per day, two-thirds of Avhicli was to be paid to tliein every Saturda}^, tlie other third lield in reserve to provide them with absolute necessaries duriiiir the winter. The same notice further explicitly declared that 'no relief whatever will durinu; the winter be expended on them, or any others wlio (l)eing able to ])lace themselves beyond dei)endence) di) not accept tliis offer.' It is not stated liow far this measui'c niitiii^ated the pressure of idle pauperism in St. fbdm's, l)ut both there and in the outports there was a lareyonardon entrusted to bim by the crown. The Charter thus pronud^ated constituted the Supreme Cotirt after the model prescribed in the 348 IIISTOHY OF NEWrOUNDLAND. i ■' Judicature Act of 1824, to bo I'oldcn ])y one cliici" jud'^e and two assistant judu,cs, tlie said cliicf jud;^c to liavc rank and precedence above and beyond all persons within the colony and its dependencies, ex- ceptin<^ the Governor or acting (governor for the thne being, and excepting all such persons as by law or usage take place in England before the chief justice of the Court of King's r)ench. The Court was ap[)ointed to have a seal, benring an impression of the royal arms, the device surrounded by the inscription — ' The seal of the Supi'cme Court of Newfoundland.' Tlie chief judge and assistant judges, as long as they held their respective offices, were to receive the follow- ing salaries : — the chi'ji'judg(.' a salary of 1,200/. ster- ling a year, nnd each of the assistant judges 700/. sterling annually. These salaries were to be paid out of the revenue of the colony, and were to be in lieu of all fees, but wci'e not to be liable to deduction on account of oflicial residences which might herc' Jifter be provided. Dependent on the Supreme Court were to be tlu'ee 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 assistmit judge to have the choice next after him, Necessary officers for the several courts were to be appointed by the chief judge, with the a])[)roba- tion ot tne Governor, excepting the Master, IJegistrar, and Accountanr-General, who were to be n])pointed by warrant under the sign-manual of the crown. The Supreme Court was further emi)Owered to I niOVISIONS OF THE ROYAL CHARTER. 849 ic cliief I' iudiio ond all ios, ex- ile time law or jiistiee irt was 1 of tlie :ri[)ti()ii dlaiid.* as they fullow- )/. ster- s 7U0/. )e paid J be ill [luetion t lieiV' le tliree nd the ulit of * iiid the t after s were j)roba- ^istrar, )oiiited I. red to !i(hnit and enroll sucli persons as had been admitted l)arristers-at-law, or advocates in Great Britain or Ireland, or as had been admitted writers, attorneys, or solicit(jrs in any of the courts at Westminster, Dublin, or Edin1)nr;:h, or as had Ijcen admitted as proctors in any ecclesiastical court in Kn^land, as well to act in the character of barristers and advociites as f proctors, attorneys, and solicitors in the Supreme o Court of XcwfniiRUand. The Court was further authorised to admit as barristers &e. such persons as should scu've a clerk- ship under articles in writing for tlie term of live years at least to any l)arrister \Scc. of the Supreme Coui't aforesaid. No other persons tlian those who came under the above catejiory were to be aUowed to plead, exce[)tin,L,^ there slioukl not be a sulhcient number of persons fiilfillin«»" the recited conditions, when the Court mi^iht admit others who seemed fit and pro[)er persons to act under such rules and quali- fications as the Court mi«^ht lay down. There are several otlier provisions ol' tlie Charter relatin^r to the appointment of a sheriff, and the (hities dcv()lvin<>: on him, concernin^i; the administration of property c^c., and the power of ap[)ealiii_u" to the Kini^^'s Privy Council against questionable decrees of the Supreme Court. Such are the chief points of tlie Royal Charter of Justice for Xewfoundland, in reference to wliicli the KiiijLJf's direction was — '\Vi' do hereby sti'ictly eharii.' and ('onunanoard being called to them with a view to their being t r ROAU-MAKING IN TIIK SETTLEMENT. 353 repaired, that Ixuly was friglitened at the cost which sucli a work wouUl entail. The Governor, however, carried his point, and the ways hy which the soldier had to travel from one fort to another were ])nt into a comparatively good condition. But His Excellency's ideas and activities in this matter went beyond the honndaries o.'the capital. Ahout ten or eleven miles from St. John's to the mjrth-east lay the fishing village of Portugal Cove, on the eastern shore; of (conception r>ay. 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 u consider.'d)le po])ulation. If a good road could be made between John's and Portuiral Cove, from which the l)ay 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, foi'med nearly half the dwellers on the island. This work the Governor undertook to carry out ; and tliis he did with such efficiency and success that the road laid down imder his supervision, and according to his plan, is still one of the best and the most used of any in the countr3\ Running along the shore to the northward of St. John's were several settlements of fishermen. The principal of these was situated at Torl)ay at a distance of about seven miles from the capital. Ik'tween these two points, there existed only a miserable a})ology for a road, which had probably been extemporised by the English soldiers, who had traversed the ground on their way to expel the French in 17G2. Yet the A A m o * ^ /a V ^ V M IMAGE EVALUATION TEST TARGET (MT-3) 1.0 lit I.I u lift |2B |Z5 ■^ IIIIM 2.0 U£ Photographic Sciences Corporation h A //^/i^^ /- Z ^ 1-25 1.4 ||.6 ■• 6" ^ 23 WIST MAIN STRUT WnSTIR.N.Y. MSIO (716) 173-4503 1 - 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 still more to promote a work of public utility, 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 flo^ving from some distance m the interior of the country, until it loses itself in the harbour, at a place commonly called River Head. The course of this stream is along a beautiful valley, and it is crossed about three miles from the city by a bndge, which for a long period has borne the name of Waterford Bridge. Above this sj)ot 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 Excellency, 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- complishing the structure of a solid and connnodious highway. This road now leads through a number of as productive farms, and as pleasunt country 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 immber and variety of vehicles, and in winter, when the thick snow lies gl'uming on the EXCELLENCE OF THE ROADS. 355 ground, it forms a course which is made merry by the raj^id 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 applied on this behalf were followed 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 excellent the highways are by which they are taken to see the surrounding country — excellent as regards the judgment which fixed their line 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. Still 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 will liear 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 Avho were loudest and most active in the political schemes A A 2 n 356 HISTORY OF NEWFOUNDLAND. and demonstrations "with which that self-same period was filled. Another improvement on which the heart of His Excellency 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 suificed for all j^ractical 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 teim of office, the accommodation whieli had seemed suffi- cient in other days was considered inadequate. Be- sides, the house ai)i^ropriated to his use was falling 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 siutho- rities at home. The building whicli was erected under his auspices is of large dimensions, 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 -svishes to keep his expenditure within the limits of the official salary which he receives. Still the building 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 Ijy Sir Thomas Cochrane, and called by his name), leading down to the harbour, serves to enhance the estimate entertained of a man who did so much to promote the embellishment 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 lies a very picturesque lake embosomed in the woods; on its north-eastern side there is a little peninsula projecting into the * The orif^inal estimate presented to Pjuliament is 8,700/. It was afterwards intreased by an extra grant of npwards of 2,000/. Again, before it was finished, a further estimate of achlitional funds required was hiid before the ministry to the amount of 8,500/. In the House of Commons, July 2.3, 1831, Mr. Spring Rice stated that the total cost, exclusive of stores sent from England, had reached the sum of upwards of 30,000/. Ij^li 858 HISTORY OF NEWFOUNDLAND. * 'i ■A 1 -■i • 1 1 ■^' A 1 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, built 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. All this was done out of the private resources of the proprietor, consequently, when his term of office expired, the property was sold ; but still 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 Council. 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 lip.d never been administered by episcopal hands. The Bishop had intended to vipit his flock in this part of his diocese, dunng the summer of 182G, but owing to the delay in the arrival at Halifax of the ship which Rear- Admiral Lake had aj^pointed for the voyage, the season so far r S VISITATION BY THE BISHOP OF NOVA SCOTIA. 359 advancetl 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 all 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 called by the name of St. John. Thence the prehite proceeded to the several harbours northward and southward, taking observations of their condition, as well 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 arknowledging 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 Vista, besides attending to the wants of Ferry land, 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 • Tliis functionary had been appointed with archdeacons for Nova Scotia and New Brunswick, by royal letters patent dated May 26, 1826. m J - I. 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 sui)port 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 oidy from the desire which as a member of the Church of England he naturally 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 peoj)le 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- r 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 -svitli 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 dra^vn naturally wished to have a voice in the disposal of it. Meetings were held to promote this object, and memorials and i^etitions were trans- mitted to the Secretary of State l- id to the Houses of Parliament, 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 E: .t;,"^ 362 HISTORY OF NEWFOUNDLAND. i^. ^■i:'Yl 1 J 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 ci\'ilization, well 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 while 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 -wi'iter of the letter calls the attention of the Secretary of State PAMPHLETS ON THE GOVERNMENT OF THE COLONY. 363 to a pamphlet lately published at Poole, and freely cu'culated b^' 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. I Si \> 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 soil of the country ^vas 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 3,800/. 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 11,000/. to 12,000/. per annum. Our present Governor is allowed, I understand, about 4,000/. 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 3,000/. Vide Report of the House of Commons, 1828. OBJECTIONS TO RErRESENTATlVE GOVERNMENT. 365 )f Commons, 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 tiiat he was egregiously in error in su})posing that his favourite Admiral' Governor was a chea])er 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 wi'iter of this letter goes on to answer certain specific objections which had been urged against the establishmeiit of a representative government in New- foundland, such as, that the country Avas 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 fall 366 HISTORY OF NEWFOUNDLAND. L ' I under the influence of the mercantile body, and that colonial assemblies have been found troublesome and inconvenient, in consequence of the great diiferences which have arisen between the assemblies and the governors. After disposing of these objections, the winter 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 fiom the last-named the eloquent words, ' Half a centuiy of freedom within the circuit of a few miles of rock, brings to perfection more of the greatest qualities 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 accomplish under the eclipse 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 public opinion, running in the same direction witliin the colony. The force of that ♦ I AGITATION FOR CATHOLIC EMANCIPATION. 367 current was temporarily augmented by the accession of a collateral stream of feelinp:, arising out of the great measure of the British Parliament 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 bill granting Catholic Emancipation, the intelligence 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 bill did nDt apply to New- foundland. On this subject, a general meeting of the Koman 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 lit hearing that it was the opinion of the law authorities of the country that the Act for the relief of His Majesty's Iloman Catholic subjects did not apply to N(!wfoundland.' 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 Uoman Catholic subjects on this island?' In answer to this appeal. His Excellenc}', througli his secretary, expressed his extreme regret that it had been deemed necessary to call a meeting for the purpose above specified : — A course of proceeding calculated to disturb tliat harmony which has so long and hai»i)ily subsisted l)etween all re- ligious persuasions in this connuunity, by exciting in the f *fi I , f, ■ 3C8 HISTORY OF NEWFOUNDLAND. If* I' f .h li'iil ill*! 'I I ^ 1 {■ 1 r ' r,: mnids of the ignorant and unwary, 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 aj)ply to His Majesty's colonial posses- sions than those penal statutes it is intended to repeal ; and that the relief it aifords to His Majesty's Roman Catholic 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 Kingdon. In answer to the Governor's representations on this subject, he was speedily informed by the Secretary of State that steps would be immediately taken for extendinp^ to the Roman Catliolics in Newfoundland, by royal instruction, the provisions of the late Act for MEMORIAL IN FAVOUR OF REFORM. 869 the relief of the King's Roman Catholic subjects in the United Kingdom. At a later period, the President of the Council, administering the affaii*s 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) GODERICII. 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 ol)jected to the vote, alleging that he was instructed l)y the inhabitants to say that if a local legislature were granted to them, which they were equally entitled to with the other American colonies, they would never ask that House for another fartliing. 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 ■v i; H i* ^ -.. 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 tlic people of the outports gave themselves the more earnestly to the work of agitation to obtain their speedy fulfillment. Meetings were held in whicli 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 dej^utation soliciting him to give it his support. The memorials to Parliament were forwarded for presentation to Lord Holland 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 Kingdom was passing through the throes of a political 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- pai'atively unknown colony. It was the period when tlie Refonn 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 ; wlien Lord Grey's ministry had resigned, and, after a vain attem])t to fonn a Tory administration, had been reinstated, 1 1 SPONTANEOUS ACTION OF THE CROWN. 371 I time when to carry out, sustained by a wrathful nation, what appeared still an almost desperate task. But the voice from Newfoundland happened to be in hannony -with the broader, louder clamour which was heard in the liome country as denkaiding 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 from London to Mr. W. Thomas, Deputy Chairman, informed the Committee that the end of their labours was on the eve of being successfully ariived 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 similar 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 croAvii lands were in future to be sold outriglit, and the freehold realised to the best advantage, tlie proceeds to be appropriated in the Ibnnation of roads and bridges in those districts where imrchases were made. Some little delay occurred in filling up the new toinniission to the Governor, empowering him to call together a house of assembly, arising from the dirticulty in fixing the number of members of which UB 2 1-- 372 HISTORY OF NEWFOUNDLAND. il; m- 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 Bill 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, similar 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 small civil list for the salary of the Go\ ernor. 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 Bill 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 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 voting was 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 all 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 iV I 'il ■ !? 1-r 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 foi' the time being, the collector or other chief officer of the Customs for the time being, and William Haly, Esq. ' With all 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 affiiirs 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 ill 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 polling, 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 jionour, 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 following 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 widi 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 council. The former had initiated a Revenue Bill, 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 oflices 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 conununity . In the year 1 8 1 7, 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 hi many cases its being disregarded, and illegal unions ALTERATION IN THE MARRIAGE LAWS. mt sral unions 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 all resident ministers of any denomina- tion of Christians the right to celebrate marriages. It was further made eligible to the Governor to confer by license the same power on teachers, preachers, ma- gistrates, and laymen, so as to meet the peculiar wants of the country. 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. H'\ 4 I f. w 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 ordinaiy 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 groAvn grey, as the most prominent politician 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 Parliament would be used as an instrument to wi'ing 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 poAver 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. 371) Your extensive franchise, amounting almost to universal sufiVage, will enable you to do this. This address announced to those who were disposed to be satisfied with tlie boon already gained, and who looked for a cessation of political intrigues and clamour, that there was ])efore 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 tlie 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 iiidividual 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. li'hi I I obtained, they were soon to fall 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 Catholics of St. John's. His journal was opj^osed 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 injluence^ 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 t and ill-will would bo engendered on the part of the less fortunate against those who with wealth ac([uircd 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 protege 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 assailed, 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 mimy 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 Ne^vfoundland, the seemingly trivial I il"!! 1^ » 382 HISTORY OF NEWFOUNDLAND. IWflli' 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 political 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 political views held by the majority in the other. And beyond the arena of political 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 tlie 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 fii'st general election passed over in comparative good order, for then tlie poison of sectarian animosity had not had time to propagate itself through the whole community. DIFFICULT POSITION OF THE GOVERNOR. 383 Y But soon afterwards this baneful result was accom- plished. Politics waxed more fierce and unscrupulous in its manifestoes from the press — politics became a strong ingredient infused into the homilies delivered from the altar — politics placarded the walls with vitu- perative attacks — politics embittered the intercourse of the streets — and politics, summoning as its auxiliary an aj^peal 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 NeAvfoundland — 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 sucli complahits were more than counterbalanced by the generally favourable appreciation of his conduct and liis services towards the public at large. But when society was arrayed in two antagonistic chisses whose thoughts were principally 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 ofiicial Htatm^ 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 called 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 i» 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 whicl 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 80 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 eflfect no change, I would introduce him to the cheer- ing and animating spectacle which this room exhibits, and show THE RECALL OF THE GOVERNOR. 38^ 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 llian two years after the introduction of that measure, Sir Thomas had become so obnoxious to the party of which the speaker above quoted was one of the chiefs, that he was assailed by daily clamour and abuse, and had to vindicate his character in the court of justice, against a libellous 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 calling 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 liim 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 #f 1-- 386 HISTORY OF NEWFOUNDLAND. 1 ',;•■' ■>•', I 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 little 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 difiicult 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 Excellency by the popular leaders but two years before, the populace of St. John's assailed 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 r 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 a! f from the insulting clamour raised against him, but most of them conunenting 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 cliief assailants of the Governor) at the time when age and failing health were creeping over him, refer- ring to the continued distractions of tlie community, declared to them, that if it were in his power, he would make anv sacrifice to brin^^ back Governor Cochrane, tlie 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 « # « on was sitting alone in the parlour one day in the year 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 Mi K 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. r' 4-- - 389 < CHAPTER XIV. 1835—1646. The History of Newfoundland has, in this volume, with some amplitude of detail, now been brought down to a period when it becomes less needful to treat the aiFairs 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 still living, and the number of these must necessarily increase, as a nearer approach is made to the present day. The materials available to a writer who, at some future time, may be disposed to analyse them for the purpose of weaving a detailed 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-sidcdness. I «' »90 HISTORY OF NEWFOUNDLAND. ' It is satisfiictoiy to rolinqiiisli wluit, 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 small measure occupied Avith facts of painful interest, the intricacies of political scheming, the clamorous rage of popvdar and sectionid animosities, made more fierce by a strong infusion of the religious element — or what usurped that sacred name, and bringing forth disorders and crimes which shocked the feelings of the; better disposed in the connnunity, and produced a startling impression abroad. These features are plainly exhibited in the journidistic literature of the time, Avhich can be compared with official documents rela- ting to the same matters, in the archi\ es of the Govern- ment. Such a comparison shows some curious incon- sistencies, even contradictions, between the accounts of facts generally received in the colony, and the representations made of those facts, by interested parties, to the Secretary ol State. But, Avhile withdrawing from the office of being a minute annalist 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 fiicts, happily 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 OP . WINTON. 391 plcte without at least a cursory gl. ice fijt the transac- tions of these more recent times. The rem' >al of Sir Thomas Cochrane did not bring healing to he nil'd disease of social disorder, religious contention, and political strife. This continued to spread under is 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 Public Ledger and its editor had fallen under the bitter hostility of one of the two parties, into which, since the introduction of the legislature, the people of the colony had become divided. This hos- tility 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 easily be ascertained by reference to the files of the Journal. But whether the charge was time or false, it was reiterated in the ears of an ignorant people, and by them believed 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 assailed his house, which was only saved from destruction by the intervention of the military. Afterwards, placards were posted on the walls by night, threatening him with death. These things had no effect in deterring Mr. Winton from the course which } ,J 'A I N ■ r' If* 392 HISTORY OF NEWFOUNDLAND. he bad 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 aivacK. In the month of May 1835, the editor paid a busi- ness visit to the to^vns 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 followed 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 commoMy 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 a BARBARITIES INFLICTED ON MR. WINTON. 393 succession on his head. AVhilc 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 ri mmitted upon their victim, they proceeded to fill his ears w ith 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 Churchwavd, 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) 1 394 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 guilty 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 witli this infamous and cruel deed. Besides the 1,000/. 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 following reso- lutions were passed : — OUTKAGE ON MR. LOTT. 395 That, being deeply impressed with a belief that ]Mr. ^^'inton 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 tlie columns of the Public Ledger, to ui)hold the rights and liberties of the peoi)le, 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 tho purpose of raising a fimd to aid Mr. Winton in maintaining the freedom and indepcudencc of the press, and in support of sound constitutional principles and good government. Before the meeting separated, 250/. were subscribed l)y those present, and a committee was formed, com- posed of the most respectable merchants, to collect au increase to the fund. If anything may be urged in palliation 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 tha 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 Kibbonit«m had luund a home in the colony. Un February 14, IMO, near midnight, Mr. Herman :m$ 3yo HISTORY OF NEWFOUNDLAND. li Ji mBw Lott, foreman of the Ledger establishment, was walk- ing between the office and his own home, when he was hailed 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 aj)parently a room. Then the handkerchief was removed from the eyes of the captive, and he discovered tliat he was in a small room, closely hinig with some kind of Avliitc sheeting or calico, even the ceiling being so covered. At a small table near the fireplace were seated two men, clad in black, seemingly clerical robes, Avith their heads and faces also covered with a kind of black skull cap, merely leaving apertures for the eyes and mouth. ()n the table before tliem were pens, ink, 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 tlie persons who wi'ote for the paper, who visited Mr.Winton's house ; wliether 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 wliat had transpired, an unseen and an unknown hand would be in his way^ II SECOND ASSAULT ON MR. LOTT. 397 liis eyes were bound as before, and on the ringhif^ of a bell, he was led out for some distance. After ii])out a qua ter of an hour's walkin*]^, the rope which bound his arms was suddcuily cut, and he was violently turned round once or twice so as to cause him to stagger and fall against a fence. Kising 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 liad been silent in respect to what had tnmspired. 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 ill 1835. As he was journeying on foot between twelve and one o'clock in the day, four men disguised with blrxk 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 while 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 cars had been cut ofl', and were bleeding profusely ! A large reward was offered for the conviction of the 1 398 HISTORY OF NEWFOUNDLAND. tiiii m perpctratore of this atrocious deed, but, as in the former mstance, 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 terras 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 liave 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 ttud property. (Signed) J. Russkll.' f/ 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 excellent 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 called ibrtli by the election, that he did not vote for either of the candidates. lie simply interfered as a magistrate to maintain order, and when in the very act of restraining violence, a ruffian struck liim from behind on the head with a heavy stick, a])plpng all 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 cliaracter, these examples of savage brutality, nor would they have been so reproduced if they could be viewed as solitary 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 load to his detection, among people many of w^hom nuist 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 ])lace where a judge was at that very time holding a Court of Session, — and, that in the 1^' 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 stretchod forth no hand to save him, such facts ought to be recordt^u 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 feeling 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 country, 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 families. 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.' While 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, wdiich 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 de\iation 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 personally, and inconsistent with the respect due to the high office he was filling.' Yet, though the judge was acquitted of all the charges brought against him in his judicial capacity, and the chief blame throvrn back on his assailants, the Council thus conclude their report : ' We feel it our duty to state, that we think it will 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 feelings which appear un- fortunately to have influenced the different parties of D D -« , t J.i 4 402 HISTORY OF NEWFOUNDLAND. the community (altliough wc do not find tliat lii.s judicial decisions have been aftected 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, Avhether 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 Council to say, ^ We do not find that his judicial decisions have beeji 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, hnzza, 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 ! ! I nUVILEGE OF rARLIA^IENT. 403 < were by the same tribunal emphatically and without qualification condemned. They had obtained their object, which was to send hhn out of the country; and they were not people to feel mucli hurt by the rebuke conveyed to them in the same decision which accomplished their ends. It was the duty of the home authorities, in vindicating the official conduct of their servant, to have maintained tlie 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 liis 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 hiin in the same state else- where, but he was left to fall 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 Council 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, ''A. ' He has been found (jmlty upon the principal charges, guilty of abrogating the laws and customs of the country and of being a political partizan, and has been uemoveu fkom tue justice heat OF Newfoundland for ever.' p D 2 404 HIS'i'OHY OF NEWFOUNDLAND. h , ll ■ ; ,.; ■'. . fl ^^ one of the members of the House — Mr. Kent — IimcI 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 tlie 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 he brought to the bar of the House. On this order being complied with, the Speaker informed tlie 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 ]\Ir. Kielly is a gross breach of the priAdleges 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 allowed to produce witnesses on his own side, in reference to the occurrence which had brought on him the censure of the Assembly, liis request was refused, the Speaker declaring that the only course open to him was to plead ignorance // PKIVILEGE OF TAKLIAMEXT CONTESTED. 405 of the privileges of the House, to profess liimself sorry for what he had done, and throw himself on the clemency of the Assembly. This Dr. Kielly 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 wntten apology to the S[)eaker for his conduct before the House, but, when he declined to sign another document wliich had been prepared, and which i)ur- 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 affida\dt. The case was tried by the Honourable Judge Lilly, assistant judge of the Supreme Court: Mr. Bryan liobinson, 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 MM 406 HISTORY OF NEWFOUNDLAND. I; ^'1^1 judge, witliout nt that time entering into the question of the authority of tlie Assembly, took action on tlie 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 hononr 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 tlie Parliament of England ; that they were not necessary for the protection of the members ; and that, even if they w^ere 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. Kielly by the judge's order was not a little singular. One resolution hastily adoj^ted (l)iit 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. Eobinson 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 tlie bar of the House to answer for a gross \dolation 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 TROCKEDINGS IX TIIK SUPllEME COURT. 407 <^ l)y tlie Assembly for an alk'^iod coiit^'iiipt. ]>iit these weie trifling clisplaj^s of senatorial (lis})leasure compared witli wliat took i)lacc the day after the release of the offender a "gainst parliamentary [)i'ivilei>es. On that day, the indiirnant Assembly, throngh its Speaker, proceeded to issue M'ari'ants 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 finally ngainst the judge himself. Immediately the scrgeant- at-arms, with assistants, proceeded to the judge's chambers, and, seizing upon Judge Lilly, in not the gentlest manner, dragged him to the S])eaker's room. They then proceeded to the office of the sheriff, whom they also put under arrest. Shortly after- wards, both prisoners w^re paraded thi'ough 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 all 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 fall 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 insue was joired. The decision of the Court was then withheld, and the case Avas reserved for the I 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. Erierson, 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. Kobinson, 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 ^[ay 23, 1842, before the Lord Cliancellor, the Lords liroughani, Denman, Cottenham, and Campbell, the Vice-Chanccllor of England, the Lord Chief Justice of the Connnon Pleas, Mr. Justiot; Krskine, the Right Hon. Dr. Lusliington, and Uaroii APPEAL TO THE PRI\'Y COUNCIL. 409 < Parke. On January 11, 1843, the last-named jud^Li^e, 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 liave 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 ])e 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 like character which might arise in any part of the P>ritish 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 tlie Wliigs, 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 wliicli he belonged, were less likely than their predecessors to tolerate tlie confusion which had arisen in the workin«j: of lc;ji;isla- tive institutions in Newfoundland. Accordingly the constitution was suspended, and in 18 12 an Act was passed by the Imperial Parliament ' for amending the constitution of the Government of Newfoundland.' The chief j»rovisions of the Act were, that Her Majesty was em[)owered to abijlisii the council as a distinct branch of the legislature, and to authorise its I 410 HISTORY OF NEWFOUNDLAND. 4 u i iiicm1)crs to sit .and vote in tlie House of Asscml)ly as members thereof, as fully in all respects as the elected members of the said house. Thus was formed what is knoTNTi 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 wliicli brought forth such noxious fruits dunng many years after the establishment of the powers of self-government, to note some really useful legislation which was pro- duced in this disorderly time. One of the subjects which engaged the attention of the Assendjly tuid the j'^xecutive was the want of lights on the island, to give intimation to mariners of their approach to a rocky coast. Previous to 1835, there Avas only one light- house on the shores of Newfoundland, iiiid that was situated at the entrance to the capital. In the year juf-t mentioned, tlie local legislature ])asse(l Acts for tlie erection of a lighthouse on Cape Spear, f on a high point of Luid about four miles from St. John's, and unother on the Harbour Grace Island in Conception * Tlio constitution was restored in 1849 by an Actof rurliument jmssnd in tlio session of that year, f Proltably n corruption of Kspere. -/* IMPOllTANT LEGISLATIVE MEASURES: 1843. 411 jf rarliament ^^ Y}iiy. In LS41 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 hirhthouse at Cape Pine. These, and several others which have since been added, confer a great l)enefit on navigation, and still there are many parts of tlic coast in which such an institution would be of \.c " . - • 1 --. ii -li' Itlij- 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* iiies, 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 called 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 e\dncing the strong brave heart of the citizens amidst the still smouldering embers of the fell ruui 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 TUBLIC 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 very short time reached 1,500/. This munificent contribution was ex^iended 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 pubhc 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 2 ifrsmi 420 HISTORY OF NEWFOUNDLAND. n f. 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 befallen 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 ■\vith enormous force, has been proved sufficient to confine any fire to the premises on Avhich it breaks out. With such an auxiliary 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 eff*ected great destruction of life and property. The storm, which occun'ed September // TllExMENDOUS TEAU»EST. 4il <" 19, 1840, 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 entirelj^ swept away; and with them, in many in- stances, the fruit of the owner's toils during the fishing season was engulphed. Houses were blown fi'om their foundations and torn in fragments. Trees almost in every direction were uproot- d 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 liy the rapid and considerable rise of the rivers, whic; . in some instances, reached fully ten feet above iheir ordinary level, deluging the low lands ner.r i,!ieir courses, and strewing their margins with immense quantities of wrecked materials. If the destruction of property was not very gi'eat 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 building called the Nati" .{ ' ' Hall, which since the fire had afforded shelter to several families — this was blo^vn down with an uwful crash, and by its fall two persons, a brother and sister, were killed instantly, while their mother was so severely injured as to leave scarcely any hopes of her recoveiy. The new church 422 HISTORY OF NEWFOUNDLAND. iHi of St. Thomas, which had escaped the fire, was found, after the gale subsided, to have been removed bodily 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 HaiTey had been removed from the Gov- ernment of Newfoundland a week before the gi'eat 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 all classes towards eaeli other, and towards himself, too often with the very poor success which commonly attends such endeavours, of leaving every party dissatisfied. Yet durhig \\h term of office, he saw a modification of that bitterness of tone which had prevailed in the community. ]\v also witnessed and helped to promote mcjisui es of n beneficial character, atfecting the social interests of the people. It was during liis administration that tho advantage of postal steam communication was extended to the island — the first steam packet beanng 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 agricultund resources of the countiy. On this subject the following extract from * An Address of the Newfoundland CLOSE OF SIR JOHN HARVEY'S ADMINISTRATION. 423 < Agiicultural 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 wc 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 imi)erfectly known, and in thereby conferring upon its inhabitants the most substantial benefits, the good effects of which arc 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. S: 424 HISTORY OF NEWFOUNDLAND. M Uf ■^ «.. CHAPTER XV. 1846-1 8G0. A VERY brief epitome of the principal events in New foiindltuid during the hist seventeen years will occupy the present chapter, which will conclude this attempt to sketch the general history of the country, and l)e 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 tlie departure of Sir John Harvey, the tempo- rary administration of the Government devolved on Lieutenant-colonel Law, senior ofKcer in command ot" Her Majesty's huid forces, an able military man, who had been nearly nil 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 glonous obsequies of that great British hero. He afterwards distinguished himself in the peninsular campaign, under the Duke of Wellington, as well as in the battle of Waterloo. The gallant officer conducted the Government until the 8j>ring of 1847, when lie was superseded by Sir Giwpard Ic I 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-gciicrcd in the SpfHiish service v^^aring the years 1835, 1836, and ISoT. Before the Governor reached the country, a new form of politicjd agitation had commenced, having for its object to put an end to tlie system of imperial appointments to the principal offices in the colony, and to procure such appointments to be at tlie 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 tlie well-understood wishes of the people.' The o])ject auned at is mon; sunnnarily expressed in the phrase — ' llesponsiblo Government.' After the subject had l)een ventilated by some portions of the i)ress favoural)le to the [)ro- posed alteration, a public meeting was held in the Court-house of St. John's, ^lay 20, 18 If', at which it was resolved that a petition should be sent to the (^ueen and both Houses of J*arliament, 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 subsecpient 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 u chaos of wreck, I 1 -ii Y ,t 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 sur jst means of obtaining a desirable boon was to treat io 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 ad\nsers of Her Majesty, however, looked ^vitli 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 shall have increased considerably beyond their present amount, the introduction of what is called responsible govern- ment will by no means prove to its advantage The institutions of Newfoundland have been of late in various ways modified and altered, and some time < 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- naiy 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 Avrote : — Her Majesty's government see no reason for difFering from the conclusions at which their predecessors had arrived ill the question of the estabhshment of responsible govern- ment, and which were conveyed to you by Lord Grey in tlie 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. Still 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 coloty 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 wns the only British North American colony from which the benefit of self-government was ^vithheld, that great abuses and exclusiveness prevailed under the existing system; that not only had the majority in successive Houses of Assembly pronounced in favour of Execu- tive Responsibility, but that even the ainalgamated Legislature, of which two-fifths were crown nominees, liad afiirmed the same princiide; 'that the colony h ^ 11 f 428 HISTORY OF NEWFOUNDLAND. possessed a sufficient number of inhabitants, qualified by property, intelligence, &c. &c., willing to devote their services to public business; that the introduction of Responsible Government would not be attended by an increase of civil 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 public affairs of the colony were not of such an extensive and intricate character as to require the introduction of Ji 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 opinions;' consequently, 'in the contest for piivate profit the public interests would too often be forgotten; that the introduction of party government in existing circumstances 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 t CONCESSION OF EXECUTIVE RESPONSIBILITY. 429 <' ascendency of the other; tliere 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 tlie 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 1)0 settled. The advocates of the s^^stem, having tlie majority in the assembly, could hinder all U'gislation hut what tended to promote their object, could throAV difficulties in the way of the local Executive, could liarass and perplex the Governor, and could send deputations to besiege the Colonial Office in Downing Street, charging the cost of such delegations on tlie revenues of the country. In the persistent use of these means the prospect at length opened out of ultimate success attending the effi)rts of the liberal party, as it was called. Earl Grey, and afterwards Sir John Pakington, had stood firm against innovation, but the Duke of Newcastle, who succeeded the latter, gr.ve signs of yielding: and in 1854, it was coninmiii- cated to the Governor (Ker 1>. Hamilton, Esq., who followed Sir Gaspard le Marchant, 1852) that 'JIi'i* Majesty's Government had come to the conclusion that they ought not to withhold fi'oni Newfoundland those institutions and that civil administration which under ■J I i I 430 HISTORY OF NEWFOUNDLAND. m the popular name of Responsible Government had been adopted in all 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 will be rendered liable to be vacated at the -will of the majority of the Legislature.' It was not until 1855 that the system was in- augurated, Governor Hamilton having previously been promoted to another colony — his removal having doubtless been effected at the instance of the dominant party m Ne^\^bundland, who had not found His Excellency sufficiently pliant to their ^vishes. To liis successor Charles Henry Darling, Esq., belonged tlie 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. Li the year 1857, all 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 political trans- CONVENTION WITH FRANCE [1856] CANCELLED. 431 r formation. The time was that in which the alliance between England and France had been consolidated by the triumphant issue of events at Sebastopol, when, therefore, it was not unnatural for the high contracting parties in that great business to be mutually disposed to review any other matters between them in which each had an mterest, 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 cxi)eriment 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 ill 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 tlie people of NcAN'foundland would Ije quite satisfied with the new arrangement, but to have trusted that if its provisions were a little unpalatable, yet they would be accepted and swallowed under the soothing influence of feelings of gratitude for the late boon of Responsible Government. In this they were greatly mistaken. When the Convention rejiched 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 proi)osed appropriations would half ruin the Newfoundland 1 t ( i ; f 483 HISTORY OF NEWFOUNDLAND. •'( I I fisheries. There was but one sentiment on the question. Liberals and conservatives, merchants and labourers, clergy and laity, all 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 colonics 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 whicli had broken out in the colony, the Secretary of State wrote a despatch to Governor Darling announcing tlie withdrawment of the offensive clauses. His com- munication closed with the following unequivocal recognition of the right of a colony to have tlie deciding voice in reference to a measure in whicli its own interests were so much concerned : — The proposals contained in the convention having been now uneqnivocally refused by the colony, they will of course fall to the ground ; and you are authorised to give such assurance as you may tliink proper, that the consent of the community of Ncwfoimdland is regarded by Her INIajesty's government as the essential preliminary to any modification of their territorial or maritime rights. (Signed) H. Labouchere. The making knoA\Ti this reassuring despatch was among the last jiublic 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 < 3UCIIERE. Banncrman, translated from tlie Baliainas, wlio, arriv- ing at St. Jolin's on June 8, 1857, inniu'dijitcly entered on tlie duties of his oftiee, whieli he has worthily filled to this day. The popular leaders ■\vlio had gained the boon of responsible govern- ment in 1^55, and who, througli the grant, attained to the direction of affairs in the colony, were fortunate in having a succession of favoural)le 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, gloi-ifying 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 l)y 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 well 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 tlie promotion of education. lUit unfortunately they overlooked the fact that prosperous times are not the result of political changes, and that they are liable to he followed by times of adversity. For such the Government made no provision, by employing some ])ortion of the public revenue for the reduction of the colonial debt, (hi the contrary, they increased F F V. I': I i J, -■V ! t i: Si 1; h it, I i ■ 484 HISTORY OF NEWFOUNDLAND. it. Above all, they neglected to avail themselves of the period of general well-doing among the laljouring population, to cripple the ^^'-Mt pauperism, whicli even in the best days was de * Nrin^ 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 bu removed. In the year 18(j0 things grew rather cloudy to the administration, without awakening in the members the foresight of the storm in which they were to make shi])wreck. The fisheries ^\ere a partial failure, and there were indications of much distress in the fortli- coming winter, increasing the demand for aid from the Government Poor Fund. To provide for this latter liability, a special session of the legislature was called at the close of the year. Though the sittino- 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 tlie majority did not pull very well together, and that tlie 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 Bill 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, tliinking that their interests would be injuriously affected by the measure, forwarded a representation uL'^jiinst it to the Governor. In the course of a dis- cussion on the subject, Mr. Kent, the colonial secretary, probably hamssed 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 rea.ling this accusation, published in the papers next day, Sir Alexander r>iinnerman wrote to ]\lr. Kent asking for an exphnia- tion, who, in reply, simply stated that he did not consider himself called upon to give account to tlie Governor of wliat he might have said in tlie House of Assembly. Immediately after receiving this curt response. His Excellency 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, tlie task of forming a government. Then commenced a time of trouble. The only ho|)o of the new administration sustaining itself lay in an {i})peal to the country by a general election, and botli parties prepared for a severe contest. The elections came off in the latter part of April 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 r F 2 4:3G HISTORY OF NEWFOUNDLAND. and property, simply because a Protestant had dared to stand as a candidate. At Harbour Grace, wliere the Protestants were a laro^e majority, and wliere they determined to midvc an effort to send members repre- senting that majority, tliere were such disorder and violence and terror, tliat it was impossible to have an election at all. 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 cler^^y favouring one side and being opposed to the other, there was, besides much destruction of property, an affray in which g\uis were used, and a man of one of the factions was sliot dead by the side of liis 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 ])erson. Threats ot disturb.ance had been rumoured about in the morn- ing, which rendered it necesssuy that the guard ot honour usually attending His Excellency on such occasions shoidd be strenfjtheued. There was irood reason for the precaution. A crowd of about 2,0(li) persons with menacing aspect was collected al)out the house. While the ceremony of o])ening wa> going on, attempts were made to break into the * Ah tlio contest Iiiiil Imd imparted to it ti soctariiin clinraclcr, and as the Protestants in tlie island outnumber the Catholio.s by nearly 10,(K)0, it was inevitable that this result s^hould follow 11 the poll wore fairly taken. OPENLVG OF THE NEW ASSEMBLY— SERIOUS RIOTS. 4:)7 l)nil(ling, wliich were checked only by the sohliers being ordered to have their weapons ready. ( ^i His Excellency retiring after the delivery of the speech from the throne, he was saluted with hootings and uroans, and even stones thrown at his carriaixe. \othing further immediately hap[)ened, and the greater ])art of the troops returned to their quarters. About an hour afterwards, the news was bruited iii)out that there was serious rioting in the principal street of the city. A Koman Catholic, [)olitically ob- noxious to the mob, had his premises attacked, the Vt'indows broken to the very frames, and all the contents of the establishment carried away, or strewn over the street. This wreck being com[)leted, t!je multitude proceeded to the large i)remise8 of aiiother lioman Catholic, and there ])ursued the woi'k of rutliiess demolition, acccmipanying it with the most luiblushing robbery. Their task was soon finished here, and they were ])reparing for further acts of bri- gandage, tilling with terror all ])arties living in the neighbourhood. At li'Ugtli, a bttle after six o'clock, l»y the order of the magistrates, .il out eighty oi* ninety soldiers, connnamk'd by Colonel Grant, marched along the street to the scene of the most recent devastation, where the mob was still ari'aved. Tlicn follnwed a scene, lasting for two hour.s, which will not soon be forgotten by th(.)se who witnessed it. The few soldiers were hennned in by a noisy jnuhitudc containing many thousands, whose lawless passions were strongly excited. The rowdies niock<(l and jeered at the tr()oj>s, snatched at their wea[)ons, and flung huge 1 £.1 438 IIISTOUY OF NEWFOUNDLAND. tl^ illi stones at them, by wliich several were severely injured, as tlieir 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 tlie midst of tlie mob, entreating them to dis[)erse. Priests of tlie Roman Catholic cliiu'cli exerted themselves to the same effect, but all in vain. At length, about eight o'clock, as the dayliglit l)egiin to flide, it is averred in evidence given on oath alUT- waj'ds, tlie report of a musket or ])istol shot was heard proceeding from the crowd and directed against the soldiers. Then, thougii reluctantly, orders were given to fire, and fearful was the efl'ect produced, as oni or two sections of the small force complied with tlic orders. Three ])ersons were killed, and pei'haps about twentv 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 bells of tlic Ivomnn Catholic cathedral rang out. It was the call of the liishop to his misguided flock. Filled with mingled feelings of rage and fear, they hurried in thou- sands in obedience to the sunnnons; but it was only ill answer to the most solemn appeal that the prehite prevailed on them to retire in peace and order to their homes. In a narrative professing to co'nc dov-n to the present times, it was im[)ossible to avoid noticing the coiH'se of events just described, however disagi'i'eabjr the review of some of them may be. The author has DEFENCE OF THE GOVERNOR'S I'ROCEEDINGS. 419 < striven simply to sketch the facts without commentin«i^ on them, or passin^r judirnK'nt on parties im[)Ucate(l in them. But there are two points on which he will venture an opinion in opposition to views entertained hy some piu'ties in Newfoundland. The first relates to the conduct of Governor r>annerman in dismissing the Kent Government. It has been said, on the })art of that Government, that the reason assigned by His J'^xcellcncy for the step was only a pretext, enabling him to carry out a medi- tated jmrpose founded on his dislike of the adminis- tration. There seems little need to resort to such a ground for the (iovernor'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 fuUowiutj is the simple view which Sir Ah'xnnder IJiuiiu-rmnii took of the iitrii.r, conveyed in h letter to a private jiciitlenmn, wliich the iiutlior, with the consent of both parties, 1ms heen permitted to use : — ' I was accused by tlio Premier in the House of Assembly, and ill tlu' presence of his colleagues, of enteriiifj into a conspirnvy with judges, hiwyers, and a minoiity of the House, to defeat a useful measure of my (lovernment. 1 asked for an explanation, and was refused, and if I had not acted as I did, I should not liiive been wortiiy cf remaining in Her Majesty's service ono hour afterwards. ' Ministers luive 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 cpily discovered and put out at its coniniencement), and tlie country liouse of Mr. Jloyles, the attorney -general and liead of the new Government (a pretty retreat, totally destroyed). It is noticeable that these outrages were hrorujht to a dose after the arrival of 200 men from Halifax to Kfren(/t/ien the military force in St. John's. To those who are in any danger of hcing led away into mischief hy representations that such military inter- vention is contrary to the ideas of the liritish (Jovern- ment, it may sufHce to refer to a note in the preceding diapter, containing the opinion of Lord Jolni Russell, ji lilx'ral and constitutional statesman, that it is the duty of the authorities, -when other means fiiil, to call out the militarv for the repression of sueh di>orders jis have been too rife in Newfoundland. IIa[)[>ily, the sulministration of those to whom was entrusted the tjisk of fu'st working the system of responsil)le govermnent was connected with more pleasing events thnn tljose which cliaracterised their removal from their ])osts. Two of the principal of these (k'serve a bi'ief notice. Amidst the bi'ight sunshine of the moi'ping of August 5, 1^58, the people of St. John's were sud- denly thrown into great excitement by tlic intelli- gence that the Niagara, with the Atlantie cable, had arrived at Bay of liulls Arm, Trinity IJay, and that the ocean telegraph had been successl'ully laid down. This consunnnation of a great enterprise had been appi*o])rirttely and solemnly celebrated at the scene of f 444 HISTORY OF NEWFOUNDLAND. fiff n the la]ulii\2^, by the commander of the ship readinpr 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, tlic Niagara and the Gorgon entered the harbour of St. John's, and were welcomed by the rhiging of bells and the firing of guns. As the darkness came on, all the public buildings were illuminated, 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 ])all was given in honour of the visitors, followed the day after by a regatta on the Lake of Quidi-Yidi. It was not until Tuesday, the 11th, that the first messages conveyed along the line and containing the reciprocal congratulations of the Queen of Grciit 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 anxietv and doubt. From some cause or other, it was found difiicult 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 feasibility of the work with bettir materials, and had given a favourable solution to t\w. yWtiai, <^ VISIT OF THE TRINCE OF WALES, IHfiO. 44.> twofold problem as to whether a cable coiihl be laid across the Atlantic, and whether along such a cable tninslatcal)lc niessau:es could be conveyed. The year 18G0 witnessed an event which awakened more ])rofound and ireneral interest than had been produced by the landing of the telegra})l» cal)le. Tliis was the visit of His Koval Iliuhness the l*rince of Wales, who, at St. John's, first touched on the transatlantic dependencies of that dominion overwhich lie will probably one day be called lO rule. It liad become known in the colonv earlv in the year tliat he intended to cross the ocean for a toin* through Canada; and on April 2, Sir Alexander iKiimerman conveyed to the legislature a connnunicjition wliich he liad received from tlis 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, ex])ressing the profound gratifica- tion with whicli the intelligence had been received, and declarin": that nothin<2: should be wantin<»- on tlie l)art of the legislature and th(^ peo])le of the colony, to testify their devoted loyalty to His Ivoyal liiglmess, as the eldest son of their beloved (^ueenand the heir- apj)arent 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 a])propriate a welcome as ])ublic zeal and private endeavoui* could devise. As 446 HISTORY OF NEWFOUNDLAND. :;n Iff fl; m i 3 « t the period }ipi)roache(l wlicn His lloynl Highness was expected, busy preimratioiiS inij^lit ])e seen g()in«( oi, everywliere, und of every kind, liesides triunipluil arches s[)anning uU the })rincipal thurouglifares, uvw fiagstaffs appeared daily rising about the eliurclies w other pubbc buildings, and in private houses, l^iintcrs and carpenters were at a j)r('mi'jni, and were workiiiff day and night. Perhaps the most laudable endeavour to show respect and consideration towards the Prince was, that every householder, even to the very huinl)lest, determined that his dwelling should have a clean iuce on it when it came to be looked on by royjd vyv<. It had been aimounced that the squadron would leave England on July 10, and might therefore! ])v looked for at St. John's about the 25th; but on jMon- diiy the 23rd, a beautifully clear day making vessels visi])le at a great distance from Signal Hill, a flag was hoisted on the Block House, denoting that a steamer was in sight. This happened a little befoiv 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 a) )ovc the sianal for the two vessels. The I^rincc nuist have had a good o})portunity of examining the bold eastern coast of Newfoundland, for six hours ehipsed after the ships were sighted befoi'e 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 rinmno; of bells, the Avavinii^ of thousands of flairs, and by nuiltitudes tlocking down to the harbour, there to RECEPTION OF THE I'llINCE OF WALES. 447 < ness w.'is sliout their welcome in vociferous clieei's. It was soon niJide known tluit His IJoyal Highness would not land until the followin^hat Lis congregation could raise for his support. Soon PROGRESS OF THE CHURCH OF ENGLAlfD. 453 'don. In 178G the new society, founded under the Uev. John Wesley, sent three missionaries to the colony — John Mc Geary, John Clark, and W. Ilammet. Tlie number of members actually enrolled during thv, 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 Weslcyan 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, jnid 508 members. In 1812 there were four Wesleyan missionaries on the Island;* in 1829 twelve, and 1,147 members; and in the present year (18G3) the ministers of the Wesleyan Church are twenty-three in number, and the comnuuiicants 3,1 9(S, whilst the total number of persims in the colony, cidling themselves Wesleyans at the last census, was 20,229. From this account it will be seen that Methodism in Ne^vfoundland, as in England, took its rise from Ji * At this period tlnero were not more tliau three clergymen of the Church of England in the colony. t CONGREGATIONALISM AN J) rRESBYTElUANISM. 4«)1 r revival of religion wi*hin the Church of England, that its promoters in the fii'st instance thought rather of saving souls than establishing a new sect ; and, on the other hand, there can be no doubt that to Wesley- anism the Protestant Chiu'ches of the colony are deeply indebted as a principal agency by which Protestantism still 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 artillery, whose early life had been spent among the Nonconformists in Wales. lie speaks of himself as having fallen 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 l^vangelical phraseology, 'a converted man,' anxious to do good amidst the irreligion whicli lie attests to have prevailed in Newfoundland. He held meetings for prayer, which he got at first one or two to attend, the numbe .' afterwards increasing. At length he took courage to address to them a word of exhortation, jmd 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 ^■ 1 11 4G2 HISTORY OF NEWFOUNDLAND. t ' ; fi governor had arrived who declared that he would })ull the building down stick and stone — to whicli record the pastor adds, ' But the Lord soon put a hook in his nose, and led him back the way whicli 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, liberally contributed in aid of missionaries of the Wcsleyan 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. r it he would — to whicli soon put a way whicli rhe churcli lolated, but >wing to the organisation principles, not extend 3rs of thnt lity of dif- ;s, liberally ) Wcsleyaii )ngregatioii ►urate body Established Tie wooden 43. he Church Church, in lation of a ed in 1850. ace. APPENDIX. i^ \\ ' m- , v ; ; jy^f li ' ' ^ i IW! I'l i IS 1 1 i 1 i * tilii ^ ^ 1' 1 ' p It: •' t, il 465 APPENDIX I. <" -♦*•- EXTIUCTS FROM « CAPTAINE RICHARD WHITnOVRNES DISCOVRSB 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 foortli by one Master Crooke of South-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 renovmed Queene Elizabetli, and in her name tooke possession of that countrey in the harbour of S. lohn's, whereof I was an eye witnesse, He sailed from t]ience towards Virginia ; and by reason of some viihappy direcUon in liis course, the greatest ship he hud strucke vpon shei uos, 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 witli 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 sauago people ; having neither knowledge of God, nor lining 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 Hue altogether in the north and west part of the countrey, which is seldomo frequented by the English : Rut the French and liescaincs H II \ I 466 HISTORY OF NEWFOUNDLAND. '/»* . K:!!!* ^#i ill imm fet i>ii>fc|li«i (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 little 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 & delightfuU 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 yeercs 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 like vertue it hath to cure a wound or swelling, either by washing the grieued places with some of the herl)es boyled, or by applying them so thereunto (plaister-wise) which I haue scene 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 r" 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 life 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 lines 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 Renouze great store of deere seene ; and sometimes diuers of them haue been taken. There is a man yet lining, that was once at New-found-land in a ship with me ; and he on one voyage did there, neere vnto the harbour of Renouze, kill 18, very large & fat deere, as it is well knowne, yet he went with liis 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 vndcr- 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 II II 2 ' m if I I : 468 HISTORY OF NEWFOUNDLAND. \ L t m i:; I, ; ! i i 1 1 it v\ 1 i 1 !] i 1 1 i 1 1 ■ 1 1 ft i L T :i;i... countrey and obserued it, how the land is ouergrowne with woods and bushes that haue growne, and so rottci 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 much the hotter winter and summer, and thereby the earth will 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 Hands 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 lanuary 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, wlion 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 likewise any other ships that saile tliither a fishing, as now they vse to doe, who hauing disposed away such fish and traincoyle as they take there in the summer time viito APPENDIX I. 4fl» < merchants as vsually euery yeere some such as aduenture tliither 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, capeling 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 tlie 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. lohn'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 lining, that was not then farre from me saw tlie 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 scene 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 there vpon dine a little vnder the water and swam towards the place where a little 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 .lit f:*! I Hi }; : i 470 HISTORY OF NEWFOUNDLAND. nt :Ui - i m • » ■. i t I i 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 William Hawkbridge then my seruant man was) that hath been since a captaine in a ship to tlio East Indies, & is lately there so imployed again; & tlie 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 otlier 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 diners haue writ much of mare- maids, I haue presumed to relate what is most certaine of such a strange creature that was thus then scene 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 tlic 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 tlie 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 11. < lOt KING CHARLES S COMMISSION FOR THE WELL-GOVERNINO 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, liath 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 tlie 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 inhdjiting have imagined that for wrongs or injuries done there, eitlier 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 giiided and governed ; and do make and ordain tlio 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-shillings, 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 delinquent shall be delivered 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 tlie party had there killed a man (not being at that time first assaulted by the party slain, or that the killing 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 anytliing 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 otliers next coming'; and that any that are possessed of several places in several harbours shall be bound to resolve upon whicli of them t)iey choose, and to send advice to such after- comers in tliose places, as expect their resolution, and that wit.'iin 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 fishing- 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 sealing 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. Hf ^^mr ■\i I I' ' Vi ' ' 1 IM !^ i i| : ■ ii ' \ ' 1 '1' ■ i'l 1 HISTORY OF NEWFOUNDLAND. ' 10th. That no person do set up any tavern for selling of wine, beer, or strong waters, cyder, or tobacco, to entertain the fishermen ; because it is found that by such means tliey are debauched, neglecting their labour, and poor ill-governed men not only spend most part of their shares before tlioy come home upon which the life and maintenance of tlicir 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 stealing from their owners, and making unlawful shifts to supply their disorders, whicli disorders they frequently follow since these occasions have presented themselves. ' Lastly. That upon the Sundays the company assembli! 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 pimishment may be inflicted upon the offenders against these laws and constitutions, we do ordain that every of the mayors of Southampton, Weymouth, and Melcombe-Regis, Lynn, Plymouth, Dartmouth, East Low, Foye, and Barnstable, for the time being may take cognize nee 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 delinquents by fine and imprisonment, or either of them, or of their goods found in the parts of Newfoimdland, 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 Cornwall, 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 \mtil we shall otherwise provide and ordain ; and we do require the Admirals in every harbour in this next season ensuin;^ calling together such as shall be in that harbour publicly to id ordinances ion until w'(^ require tlic; mm enauin;,' ir publicly to APPENDIX II. 475 < for selling of , to entertain 1 means they r ill-governed f before thoy ance of their tful in divers elves unfit for their owners, orders, whicli Dcasions have proclaim these presents, and that they also proclaim the same on shore. ' In witness whereof, wc have caused these our letters to bo made patent. * Witness ourself at Westminster, the 10th day of Feb- ruary, in the ninth year of our reign. ' God save the King. ' Willys.' J be inflicted tutions, we do n, Weymouth, :mouth, Kast ing may takt; any offender and, by oath d amends to 8 by fine and oods found in e satisfaction nds and h* als. Southampton, lade of any of speedily and i pr*i 476 HISTORY OF NEWFOUNDLAND. APPENDIX III. lOt I \ R 111 li By permission of Her Majesty's Colonial Secretary — tlie author was permitted to inspect the original of the following letter in the Public Record Office of tlie 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 tlieir appearance about the latter end of February, by some anonymous papers posted 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 liglii, 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. Tlie next step, still more alarming, was a combination of between forty and fifty of tlie Koyil Newfoundland Regiment, to desert with tlieir arms, with a declared intention, as appeared by a letter left behiiul them, of putting every person to death who shoidd 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 1 1 at night, but were not joined in time from Fort Townshend or Fort William. We know not the reason why the parly from Fort Townshend did <' APPENDIX ITT. 477 not join them, but at Fort William Colonel Skinner happened to have a party at his house very late that night, preventing the possibility of their going out unperceived at the appointed liour, 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 implicated 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, wlio 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 tlie 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 Halifax, to be further dealt with as His Koyal Highness should think proper, those also implicated by the king's evidence were sent in irons to P[alifax ; and the Duke of Kent has at length removed all the regiment, except two companies of picked men, to head quarters, and has relieved tliem by the whole of the 66tli Kegiment, wlio are now here. Various have been the reports on this business ; the town to tlio amount of 2, 3, or 400 men mentioned as privy or concerned ill this business, .ind 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 sucli a situation, as to render tlie policy of acting very doubtful, until more force should arrive, as we knew not who we could (l('I)end upon for siipport in case of resistance, having every reason to believe the defection was very extensive, not only through the regiment, but througli the inhabitants of this and all the out harbours, particularly to the southward, almost :i; « ii ;■' il V 1 't 478 HISTORY OF NEWFOUNDLAND. J 'f V "v I*' ■^;. ri It ■ !l- j'i t • 1 -'I - ■ I i < I ii Hi II 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 oflf 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 believe 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 1)0 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 metasure 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 <" is ^to he true have but little more than half thoir complement of men, and are mostly composed of drafts from the Iri'^h Brigade sent three or four years ago to Halifax, 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 public situation of affairs in this island, and have only to regret in common with the real well-wishers i o 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. Oguen. 4».= To the Hon. Vice-Admiral "Waldegrave, &c. &c. &e. 1 -s; v; I 480 HISTORY OF NEWFOUNDLAND. APPENDIX IV. •*^*- 1 i t ji : 1 If i SUBSTANCE OF THE NARRATIVE OP WILLIAM CULL, OP FOGO, WHO WAS EMPLOYED BY GOVERNOR IIOLLOWAY TO OBTAIN INFORMATION OP THE NATIVE INDIANS OP NEWFOUNDLAND. On January 1, 1810, William Cull, Jolin 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 t/ees, 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 bircli 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 W^illiam Cull believes to be the same given by Governor Gambler to the old Indian woman taken in the second year of his government. They also found several marten, b^^ver, and deer skins, some of which were dressed after tliv. fashion of our own furriers. On tl)c 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- cliets, some small bits of printed cotton, needles, pins, thread and tw' e. 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 supplies in the Avinter. 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. :<3 I !•'' I\;! * In the full, and in the beginning of winter, the deer travel south, and in tlic spring thoy return to the north. ■ii^i I I 482 HISTORY OF NEWFOUNDLAND. APPENDIX V. MW^' EXTRACTS FROM THE NARRATIVE OF CAPTAIN BUCHAN'S JOURNEY UP THE RIVER EXPLOITS, IN SEARCH OF THE NATIVE INDIANS, IN THE WINTER OF 1810-J811. JjN. 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 accomplish the grand object of your orders, relative to tlie native Indiana of this island. For this service I employed William 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 William 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. I APPENDIX V. 4S3 Jan. 14. — Wind NW., with sharp piercing weather. Renewed 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. 3^ r. 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 ])read, 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 Rattling 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 11 A. M. discovered I 1 2 r If i,;^ i l'- s f i- i ,5p|V' ^.- w t 484 HISTORY OF NEWFOUNDLAND. 1 ' ,.' 'n ( ' ; J 'f two old wigwams on the north bank of the river ; althougli they did not appear to have been lately inhabited, yet tliero 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 witli 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 witli it ; there were evident signs of their having pasp.ed 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 niglit 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 'um. Jan. 17. — South-westerly v/inds, with sleet, and raw cold weather. Began this day's route by conducting the sledgos 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 dilaching 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, whore 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 tlie 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 niglit half way in the path, so that after eight hours' fatigue, we <'' APP :ndix v. 46^ r; although d, yet there en here this mity of the ; while the ded on with rough which the overfalh had lost all sarch we for- igns of their Lngly in any ir steps, and . The night rest propor- and sugar for and raw cold ig the sledgos . forming the ceeded half a cs over a per- ito the rapid, lo- reloaded on ves for a third ) bank, where necessary to s up the bank, le farther end ficult again to e the overfall, having gone loon the wind rain heavily; \\ to prepare a •ms being con- for the night rs' fatigue, we had got little farther than oiiO miJe and a half; it continued to rain hard until 9 r. m., wl ^-n the w d had shifted rouua to the westward and cleared up, the ci w drie ' their ch'^hes and retired to rest. Jan. 18th. — Wind WNW. and coldweathe: Leavii ; the party to bring on the sledges to the Indian Dock and to repack them, I and the guide liaving advanced a mile, it was found requisite to cut a path of a liundred 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 wliere the ice was very narrow, and the water oozing over its surface. 1\ r.>r., put up in a cave on the north shore, as we should have been unable to have reached before dark another place of good iire-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 Kushy Pond Marsh, wliere 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 tlirown 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. Jail. 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 ^ u I 1 1 II: 4{ u-ili \ I i 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. Ja7i. 25. — Wind WNW. and cold. Renewed our jaunt with the first appearance of day; at first setting out tho 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, whicli 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 likewise 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 difficiUties presented tliem- 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 nortli 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 3^ p.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 tlie 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 : William 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 little 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 tliis, 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 tliis place he had examined the storehouses (mentioned in his narrative), but now no vestige of tliem appeared : there was, however, ample room cleared of wood for such a building iis is described to have stood, and at a few lumdred 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 ' Rousell the Rousells live in Sops Arm and in Hew Bay ; ' on the south bank, a little lower down, also stood the remains of a wigwam, close to which Cull pointed out the other store to have been a ([uarter 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 tlie party stopped for the niglit. 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 vip wards. < )ur distances made good to-day we allow to be twelve miles, and the river open from the last overfall with scarcely enougli 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 tlie party, leaving one half to take care of the stores, whilst the other accompanied me, and taking with us four days •?ff i 488 HISTORY OF NEWFOUNDLAND. ^i^ 'tfli p-i I , provisions, we renewed our route. The river now winded more northerly ; having proceeded on ubout four miles, we o})serv((l on the south side a path in the snow, where a canoe liad evidently been hauled across to get above a rattle, this bein^- the only sure indication that we had discovered of their having passed upwards ; from the store on the south side tlic, river narrowed, ran irregular, and diminished in depth vt'ry 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, clearl}'^ evincing the residence of natives to be near; but it being impossil)le 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 di'cr or nien. We had lost for some miles the trace seen yesterday ; on approaching the pond, discovered on its N\V. side two bodies in motion, but were uncertain if men or (piadrupeds, 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. 1 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- night of them in the twilight, it was diseernibh! that tlu liindermost 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 tine heart and liver; tliis made a good supper for tlu^ P'^i'ty, whom wo did not rejoin until (lark. One third of the party were successively under arms diu-ing the night, which proved excessively cold and restless to all. Jdn. 24. — Wind NE. and int(msely cold. Having refreshed <' viiiiT n'frcsliftl APPENDIX V. 489 ourHolvcs with breakfast and a dram, at \\ A.M. commenced our march ah>ng the east shore with the utmost silence ; l)eyond the point from whence I had the hist view of the two natives, we fell in with a a point on which stood an old wigwam : tlien struck athwart for the shore we had left : as the day opened it was recpiisite to push forth with celerity to prevent being seen, and to surprise the natives whilst asleep. Canoes were soon descried, and sliortly wigwams, two close to each other, and the third a hundred yards from the former. Having examined the arms, and cliarged my men to be prompt in executing such orders as might be given, at the same time strictly charging them to avoid every im])ropri(!ty, and to be especially guarih'd in their beliaviour towards the women, tlie bank was now ascended with great alacrity and silence. Jieing formed into thri-e divisions, the wigw.ims were at once se- cured. On calling to W\v\\\ within and receiving no answer, the skins wliichcovered the entrance being removed, we beheld a group of men, women, and cliildren lying in the utmost consternation; tliey were some minutes witliout motion or utterance. My grand object was now to rem(»ve their fears, which was soon accomplished by our shaking liands and showing every friendly disposition ; the women end)raced me for my attention to their childnMi ; from idarm they became curious, and examined our dress with great attention Jind surprise; they kindU'd a fire and presented us with Venison steaks, and fat run into a solid cake, which they used with h'ati meat. Everything promised the utmost conbaUly: knives, handkercliiefs, and other little articles were given to I ' tt'- t 'h ' » % 1 n' - f ' ■ i ij^ £ 490 HISTORY OF NEWFOUNDLAND. 1 N|: ' 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 wo wore : this they seemed perfectly to comprehend. Three hours and a half having been employed in conciliatory 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 request, from a motive of sliowing the natives a mutual confidence, and cautioning then to observe the utmost regularity of conduct ; at 10^ a.m., having again myself shook hands witli all tlie 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 tlieir chief. Poinding nothing here for him, he directed twersid(^ of tl»o river; ti»e violence of the wind with the sleet und drift snow, 'P"< « ■'if 492 HISTORY OF NEWFOUNDLAND. ■ 1 1- mi ^i|'^. H I H-/ rendered it laborious to get on, and so thick at times tliat all the party could not be discerned, althou<^h 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 tlie ice ; we also perceived a recent track of a sledge. At 2^ r. M. arrived at the wigwams, when my apprehensions were verified ; they were left in confusion, nothing of consequent-ci remaining in them but deer-skins ; we found a quantity of venison, packs conveyed a little way off, and deposited in the snow ; a patli 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 realised, and that all would yet be well ; the actions of tlie 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 lust degree, and used his utmost endeavour to prevent its being carried out ; he either apprtihended that we were going to di'stroy the wigwams and canoes (of which latter there wore six), or that a fire was going to be kindled for his destruc- tion ; for some time he anxiously peeped through tlie crevices to see what was doing, for he was not at liberty. IV'rplexcd 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 liut ration, but also that the natives would return ; with this in.pression, after giving him several things, I showed a wish tha' his party should return, and by signs intimated not to hurt our people. He smiled significantly, but he woidd not leave us; he put the wigwams in order, and several times looked to the west side of the pond and pointed. Each wigwam Inid a (|uantity of deer's leg-bones ranged on poles (in all three hundred); having used the marrow of some of those opposite that weoccu])ie(l, t\u\ Indian replaced them with an etiual number from one of the others, signifying that those were his ; he pointed out a < APPENDIX V. 493 stuff, and sliowed that it belonged to the person that wore tlie liigli cap, the same that I had taken to be the chief; tlio length of this badge was nearly six feet and two inches at the head, tapering to the end, terminating in not more than tliree quarters of an inch ; it represented four plain ecpial sides, excerpt at the upper end, where it resembled three rims one over the otlier, and the whole stained red. The day liaving 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 Iteing 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 tlie 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 1 1 o'clock lay down to rest ; but had not been asleep more than ten minutes when I was aroustsd by a dreadful scream and exclamation of ' Lord I ' uttered by jAIatthew Hughster ; starting up at the instant in his sleep, tlie 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 liave lost liis life. The rest of the night was spi'ut in making covers of deer-skin for the locks of tlie ar!ns. 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 e([ual number of blankets, shirts xi 11. if It WW' IB i ieces of pork was found about two hundred yards from the spot. Some of the party complained of swollen legs. Jan. 28. — Light winds from fSE., ^vith 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- babilit}' of the river's bursting, from the likelihood of the* (hift ice becoming pent amongst the shoals, determined me, notwithstanding oiu fatigue and pain, to push forward, and, if possible, to reach our fireplace of the Kith immediately i)elow the great overfall, as the depth of the river 1»elow this would make it less subject to break up, and shrtuld it i)eeome necessary to undertake the laborious and slow tra- velling in the woods, our distance would be considerably (iiminished. By dark jny wish was accomplished, after a most harassing and uncomfortable march of eighteen miles, the quarter part of this distance being nearly knee-deep in \\ ater ; in all this day's route we found the river opened in t!i(' middle. Jan. 29. — Fresh winds from the SE. with rain. At dawn renewed our jimrney, the river still continuing to flood and open. On coming to the Rattling Brook, in addition to the canoe mentioned on the loth, we now found another. I knew them both to have belonged to the Canadians before spoken of, and as these were all tliey had, I supposed tUem to have travelled by land to St. George's ]]ay. Haltfd at onr fireplace of the 14th and refreshed ourselves; and took K K M- ir i } '' / ' 49S HISTORY OF NEWFOUNDLAND. witli us the, provisions that had been left, and at 4 r. ^r. reached Cull's ohl house, where we had spent so intolerable a nig'ht on the 13th. Jan. 30. — Wind E. with fresh gales and rain ; at 7 A.:\r. proceeded for the schoquor, all hearts elevated. We found it extremely tiresome ; the waters that had flooded over the ice beinj;' partially frozen, but insufficient tobear 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 <<^ 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 anTng in Peter's Arm, from which ascended a vapour that darkened the at- mosphere for a consideral)le extent. The cavitybelow exltibii ( > I a number of small islando orginally formed by the torrent. %4 <^ APPENDIX V. 499 and at 4 r. ^r. iiitulerable a ain; at 7 A.^r. :1. We found )oded over the 3ar ovirweiglit. '. with iiiflanifl id been in for i. Abreast cf ned. At noon oni the effe( t LS being' niadti icond journey, >• the requisite schooner with ons and every roved pleasant mucli leveih d north si<^'e of of the former At 4 r.sr. lia\- of the Indian the night and rty to view the 10 from doing mg to it. T\w IS formed by a. united streams, st eighty feer was at times intr in Peter's rkened tlie at- )elowex]ul)itoil the torrent. Marcli 7. — Wind S., with constant snow. At 10 A. sr., having come up to the ishmda opposite Kushy Pond Marsh, we found a wig^vam on one of them where the natives had lived 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 live partridges. March 8. — Strong NE. gales, >vith constant snow and drift; no possibility of hauling. One of the party received so violent a contusion on the slioulder as to render his artu useless, by a tree liaviug 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 througlnjut the day, with considerable drift. March 11. — Wind W. with clear sharp weather At 7 A.M. recommenced our journey. Tliis 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 jjassed Badger Bay Brook. At noon Hodg<^s Hills bore ENK. two leagues. At 2^ p.m. put up on the north side, about half a mile below the waterfall (which wo 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 liad been recently dug up, where something must have been concealed, for the vacuums were lined 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 ■'] I iv 'Wr ;». 600 IIISTOKY OF NEWFOUNDLAND. I lii' : I j i I ] V 1 i I • \ mm as their wigwams. It was evident tliat the natives had hoon here since our passing down in the former journey ; they hud taken all the prime venison away, and had, left nothing hut a few inferior haunches, and a numher of paunches, whicli were frozen firmly togetlier; but many of these had, not- witlistanding, been removed for the purpose of digging uj) one part of the ground, where it formed a place somewhut long(;r tlian necessary for containing arrows; it is probaMc that it h(4d arrows, darts, and other implements used by thetn in kiUing 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 tluir canoes, and that sonu^ of them had taken a station on ihe bank, and had shot their arrows at the store, to ascertain whether we might not be concealed in it. Seeing that thty 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, 1 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 hauling very heavy, from the sleet and snow that had fallen yesterday. At 2^ p.m. halted for tlie night, having travelled nine miles. Found John Weatheral deranged in mind. March 15. — Wind SW. At daylight renewed our march : halted ^wo 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., mth pleasant weather and good hauling. At 2 o'clock halted at the sleeping-place of the 9th instant, three miles from Rushing 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 6tli instant, called Indian Dock. 03 l-f ^ .« 1! I ralmerstou 1 anibassa(it>r, Litivc Council your Kxocl- [lioiis tliat an' e declaration md in vnIucIi tt to cliHavow lery n])<)n tlic f tlio suhji'cis it it (loos not your Excil- dccossor, liiis sustainrd by hioh aro Haid vo that then; l-'rcn*;!! («<•- cat Ibitain. ss, vvillinjj; to iiattor, ^^ith ii H my duty to cd, acoordiujj latter, to coii- The right ta* fishinuf on the coast of Newfoundland was assigned to French subjects by the King of Great Jiritain in the Treaty of Peace of 1783, to bo 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 Utre(;ht was ' to catch fish and to dry them (>n land,' within the district described in the said treaty, subject to the condi- tion not *to ereci any buildings' upon the island 'besides stages made of boards, and huts necessary and usual for drying of tish,' and not to 'resort to tlie said island b ;yuud the time necessary for tishing and drying of tish.' A declaration annexed to the trc^aty of 17}s'J, by whieh th(; rigid assigned to French subjects was renewed, contains an en'^>rrcment that 'in order that the fishermen of the two nations may not give a cause for daily (juarrels, His I^)ritan- nie Majesty would take the most positive measures for preventing his subjects from interrupting, in any manner, by their competiticm, the fishery of the French during the temporary exercise of it, whieh was granted to them,' and that His INlajesty would * for this piu'pose cause the fixed setth.-ments which should be found there to be removed.' A counter declaration statid that tlie King of France was satisfied with the arrangen)cnt concduded in th<^ ab(»ve terms. The treaty of peaee of IS 14 declares that the French right 'of fishery at Mt'wfoundland is r([)laced uj>on the footing upon whieh it stood in 1792.' In order, theret'oic, to conu; to a right understanding t»f the (]uesti()n, it will h • necessary to c(msider it with rel'tr- ence to historical facts, as wi 11 as with reference to lin^ letter of the deelar.ition of 17H3; 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 neees- bary, in order to show the constnution whieh the Freneh Governujent now desire to put upon the declaration of 17^3 is tlu! interpretation which was given to that deelaration at the period when the declaration was framed; and when the ',' 3 :' 4 1 n ' 11 ' » ■ tun •«r| 504 llISTOliY OF NEWFOUNDLAND. real intfiiitiun of the parties must have been best known. It would be re(inisite for this purpose to prove that, ui)on the conchision of the treaty of 1783, Frencli siibject.s aetually entered upon the enjoytiient of an exclusive riglit to catch fish in the waters off the coast in (piestion; and that they were in tlie acknowh'df^ed enjoyment of tlie exercise of tli;it riij^ht at the conunencenient of the war in 1792. But no evidence to such eft'ect has yet been produced. It is not indeed asserted by your Exiellency, nor was it contended by Prince I'alhyrand, in his note of IH.'Jl, to which your Excel- lency specially refers, (hat French subjects were, at tli" breaking out of the war in 17J)2, in the enjoyment of sueh an exclusive right ; and, Juoreover, it does not a))pear that such riglit Wiis elaimed by France, or adnutted by Kngland at the ternnnation of the war in 1801, or at the peace of 1«S14. It is triie that the privilege secured to the fishermen of France by the treaty and deelarati(»n of 178.'}, a privilege whic^h consists in the periodical use of a part of the shore of Newfoundland for the purpose of drying their fi.sh, has in ])racfice been treated by the llritish (lovernment ay ;. e\- •«lusiv',> right during the period of the fishing sea.^< inl within the pre seribed litnits; because fr(»m the nature . me case it woidd searcely be possibhi for liritisli fishermen to dry their fish upon the same part of the shore with the b'rciu h fisher?nen. without inteifering with the temporary establish- ments of the Fr<'nch for tin same purpose, an«l without, interrupting their o|»erations. I>ut the liritish (iovernmentha' never understood the ^3 had been iuteniled to be exclusive within the prescribed district, tlie terms used for defining such right would assuredly have ben mor«; am pie and specific than they are found to be in tliat document; for in no other similar instrument whicli lias ever come under tlie knowledge of the British Government is so im- portant a concession as an exclusive privilege of this descrip- tion accorded in ti'rms so loose and indefinitive. Exclusive rights are ]>rivileges which, from the very nature of things, ;ire likely to be injurious to parties who are therciby debarred from somi^. exercise of industry in which tlu-y would otherwise engage. Such riglits are, tlierefore, c»'rtain to be at some time' or other disputed, if tlurr- is any nuiin- tainal)le gr»unnl for contesting tlicm ; and for these reasons, "wiien negotiators have intended to grant exclusive riglits, it has been their invariable practic«^ to convey sue li rights in direct, im((ualified, and co!n|)rthcnsive t«'rms, so as to prevent the possibility of future dispute or doubt. In the present case, however, such f<»rm8 of expressinii are entirely wanting, and tlu- ehiim put forward on the part of France is f(»unded simply upon inference, and upon au assumed interpretation of words. I have vS:c., (Signed) Palmeu.^ton. Ills Excolloncy Count Scbastiani. It iS' 111 4 ■* • »;: 50G IIISTOUY OF NEWFOUNDLAND. APPENDIX VII, «[ EXTRACTS FROM THE NARRATIVE OF A JOURNEY ACROSS THE ISLAND OF NEWLOUNDLAND, BY W. E. CORMACK, ESQ. Mr. Cormack travelled across the country in the avitiimn 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 tliis to be the * direction in which tiit- natural characteristics of the interior were likely to ^e most decidedly exhibited.' Having secured the services of an Indian as companion, and made all necessary preparations for t^ucli an arduous undt-rtaking, he embarked at St. Jc>hn'p fur Trinity Bay on the 30th of August. In order to husband liis strength for the main object of his undertaking, he jiulgcd it desirable to get as near as possible t(» tlie centre of (Ik island l»y water, and accordingly made his way by boat to Ivandom Soimd, which he reached on the 4th of September. On the following day he departed from the sea-coast. Sept. 5. — B(!ing now removed with my Indian from all human communication and interference, we put our knapsacks and erpjipments in order, and left this inland part of the se:i- Hhore in a northern direction, \nthout regard to any track, through marshes and woods towards some rising ground, in order to obtain a view of tlie country. The centre of tho island bore nearly west from us. After several hours of hard labour, owing chiefly to tlie great weight of our knapsacks, we made only about two mil'"^ ]>rogr('ss. From the tops «d' the higlu'st trees, the country in all directions westwjird for at least twenty miles appeared to APPENDIX VII. 507 It'-} reeze that freed us from the host of blood-thirsl v Hies. Early in thenlay, the ground descending, we came unex- pectedly to a rivult't about seventy yards wide, running ra]tidly over a rocky bed to the NE., which we forded. The roaring of a cataract of some magnitude was heard m tlie ME. From the position and course of tliis stream, we inferred that it was u branch of the river which runs into Clode Sound in Eonavista IJay; and my Indian supposed, from his recollections (►f the reports of th(; Indians conc(*rn- ing Clode Sound River, that canoes could be brought "p from the sea-coast to near wliere we were. Leaving tliis rivulet, the land lias a considerable rise for s<'V( Till miles. The features of the country tlien assuuie an :iir of expanse and ini|>onan('(( different from ijeretotore. Tiie trees become larger, and stand apart ; and wc eutcTed ,t:. ^ ■ I I 508 IIISTOIIY OF NEWFOUNDLAND. upon spacious tracts of rocky ground entirely clear of wood. Everything indicated our approacliing 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 tlio forest, we had been uniformly ascending ever since we left the salt water at Random 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 i 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 delight, the interior broke in sublimity before us. What a contrast did this present to the conjectures entertained of Newfoundland I The hitherto mysterious interior lay unfolded before us — a boundless scene — ernerahl siu'facc — a vast basin. The eye strides aorain and again over a succession of northerlv 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 clings 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, omin'potence, and traii- • [uillity were stamped upon everything so forcibly, tliat the mind was hurled back thousands of years, and the man h ft 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 btfore we advance. The great external features of the eastern portion of the main body of the island arc seen from these commanding lieights. Overhmd com- nuinicatiou between the bays of the east, north, and south coasts, it appears, migiit be easily established. The chief APPENDIX VII. im <" jar of wood. o}>stacles to overcome, as far as rerjards the mere way, seera to lie in crossing the mountain belt of twenty or forty miles wide on whicji v.^e stood, in order to reach the open low interior. The nucleus of this belt is exhibited in the form of a semicircular chain of insidated passes and round-backed granitic hills, generally lying NE. and 8\V. of each other in the rear of Bonavista, Trinity, Placentia, and Fortune Bays. To the southward of us, in the direction of J^iper's Hole in Phicentia Bay, one of these conical hills, verv couspii'uous, I named 'Mount Clarence,' in honour of His Royal Highness, who, when in the navy, had been in Placentia ]^ay. Our view extended more than forty miles in all directions. >«\> liigh land, it has been already ob>^orved, bounded the low interior in the west. &eiA. 11. — We descended into the })osom of the interior. The plains wliich slione. so brilliantly are steppes or savannas, composed of tine Idack compact peat moidd, formed by tlie growth and decay of mosses. They are in the form of extensive, gently imdulating 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 nnu'e than ten miles. They are chequerfni everywhere upon the surface bj^ deep beaten deer-paths, and are in reality magniticent 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 diiy to the westward, while the distance walked was eijuivalent to three or four times as much. Always inclining our course to the westward, we traversed in every direction, partly frouj choice in order to view and examine the country, and partly from the necessity to get round tlie extremities of lakes and woods, and to look for game for subsistence. We were nearly a month in ]»assiug over one savanna after another. In the interval there are several h>w granitic beds, stretching as the sa- vannas northerly and southerly. Our attention was arrested 510 HISTORY OF NEWFOUNDLAND. m f I twice by o})servin!Lif the tracks of .a man on the savannas. After a scrupvilous and minute examination, we concluded that one of them was tliat of a Micmac or Mountainec r Indian wlio had been hunting here in the preceding year, and friiin 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 wlio had passed by this season apparently from the Bay of Despair towards Gander Bay. We saw no traces however 8tag about two miles from the spot appointed for our en- campment, lie attempted to get round the west end of the lake to reconin litre the party on the island, but found the distance too great, and getting benighted, had slept in the woods.' APPENDIX VII. 513 <" frosty, ;iu(l stinctly se(ni. s I was, 1 felt atiires, wIk;- iving* put my irance of my nciiinbrauces towards the . The white , was nuu-li here were no lake was uu- lire two Jjivk : point of t1i<' ?f()re kept t>ii By firing i»ff would in ;ill )()rt, and tlu'V rered ; if they I fired- hy d among tin: tiius all iiiY le report of ised by niai. "^e weeks, ainl dly made his )arted on the report of my laving shot a i for our en- (st end of tlic ut found tht' 1 slept in the Soon afterwards, to my great delight, 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 tlio 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 moimtaineer from Labrador, could speak a little of the Micmac language, his wife being a Micmac. The mountaineer tribe belongs to Labrador, and he 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. Ilo had left St. Greorge's Bay two months before, and expected to be at the Bay of Despair two weeks hence. This wiis 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 Red Indians, and to tell King Greorge what was going on in the middle of that coim- 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 lie 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 Romans. 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 «: i I ^1 61 1 HISTORY OF NEWFOUNDLAND. renewed once in from six to twelve weeks. It is in these temporary barks that the Indians of Newfoundland of thu 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 little 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 kindling, of which we were to partake, seemed hospitality. 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 tlie 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 solitude, commenced to soften those feelings 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, < ArrENDIX VII. jl5 and suug in a higli key. The song of a female and her contentment in this remote and secluded spot, exhibited tlio strange diversity tliere is in human nature. My Indian entertained us incessantly until nearly daylight 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 sliore for the sake of a free circulation of air, was in reality a well- stocked butcher's stall, containing parts of some half dozt'U fat deer, also th 3 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 anc\ tin, blankets, an apartment of dried deer-skins to sleep oii, and witl'i which to cover his wigwam, the latter with the hair off ; a collection of skins to sell at the sea-coast, consistirsg of those of bea\ ;^r, otter, martin, musk-rat, and deer, the last dried ' id the hair off ; also a stock of dried venison in bundlt -. Animal flesh of every kind in steaks, without salt, -n oked dry on ;he fire for forty- eight hours, becomes near'y a: light and portable as cork, and will keep sound for years. It thus forms a ..':•« )d sub- stitute for bread, and by being boiled two hours recovers most of its original qualities. 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 tb. 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) mach 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 ^1 fil6 HISTORY OF NEWFOUNDLAND. i Oct. 15. — The first snow fell this Jiftcrnoon 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 througli the snow to look for game. Weakened and miserable, wo looked anxiously for a char je 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 biankt'ts amidst the danger, and providentially escaped unhurt. The birch had attiiined a pretty large size in this sheltered spot, under the lie of a hill, which 1 called iNIouiit JNlisery. 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. Hut the snow was fast melting away. I felt alarmed at the winter setting in thus early, for the conse- (juences ere wo 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 ^et within shot of them — we not oidy reached the lake to the westwaril, but to our great joy al^o < APPENDIX VII. ;i7 discovered, in consequence of meeting with some of tlieir martin traps, the encampment of the Indians of whom we had been told by the mountaineer Tlie Red 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 tlie Great Lake, where'they were accustomed to lay up their winter stock of venison. Oct, 21. — The weather liaving been mild for tlie last few days, much of the snow had dissolved; it lay chiefly in banks. Tlio Indians put us across the lake, and we took our departure for the westward refreshed by our two days' stay with tliein. The country now became mountainous, and almost destitute of wood. Deer became more numerous. lU'rries wore very phmtiful, and mostly in liigli perfection, altliough tlie snow had lately coven^d them: indeed, tlu; partridge berries were improved, and many spots were literally red ^vith them. Oct. 24.--The winter had now fairly set in. The ponds were all frozen over. The birds of passage had deserted tins interior for the sea-coast, and the grouse had got on their white winter coats : many hardships now await the traveller. Od. 27.— The western territory is entirely primilive. No rocks a])pear but granitic. The only soil is peaf, which varies in (piality according to situation. In the valleys some patches are very similar to the savanna j)eat in the eastward. Hut as the jieat ascends, it b< conies shallo'v and li"-liter until it terminat«oat the summit of the mountains in a mere matting. Lichens occupy every station on the peat among tlu^ other plants, and on the bare rock. i)d. 28. — Th(^ 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 fi'atures more boldly marked. Pointed moimtains of coarse red granite standing apart, lay in all directions northerly and southerly of each other. Most of them are partially shrouded with firs, ]>ald and capped with snow. As wo neared the south end of an extensive lake in order to get round it, we observed a low i«lut near the middle entirely I' ^Il 518 HISTORY OF NEWFOIWDLAND. W'i 1* i covered with «i large species of gull. Those birds seemed as if tliey 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 ver, ex})lained. They told us, to our no little mortifica- tion, that we were yet sixty niiles from St. George's Harbour, or about five days' walk if (he weather shouhl happen to be favourable, and that it lay in a NW. direction. The last information proved that my Indian had of late pertinaciously p(>rsisted on a wrong course. As every hour was precious towards the final accomplish- ment of my object, 1 proposed to my Indian host to acconi|iaiiy me to St. George's Kay. ISIy offer was agreed to, and a htipuiation made to set off in two hours. AITENDIX VII. 519 r Oct. 30. — Rain, snow, and wind in tlie early part of tlie day compellod 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 Kiver 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 sliots, and the two mon now witli me displayed admirable skill in killing the deer at great distances and at full speed with single ball. Nearly a f»>ot of snow had recently fallen, which cast a monotonous sublimity over the whole country, and in a great measure concealed llie 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 lako of the interior frequented by the Ked Indians, and through which was the main source branch of the Kiver 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 ISt. George's Harbour is twenty-live 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/a Lake, the coimtry is very bare, there being scarcely a Ihirkct of wood. During this day, we found two rapid rivuletn running south-v/est to 8t. George's Way. Deer had hitherto passed us in innumerable straggling herds. But westward of Creorge IV.'s Lake, and particularly as we neared the coast, very few were to be seen. While siscending a mountain, I felt myself suddenly overcome with a kind of delirium — arising, 1 supposed, fnun exhaustion and excessive exert ion — but fancied myself stronger than ever I was in my life. It is probable, under thai inlluehce, that if the Indian who ^ 520 HISTORY OF NEWFOUNDLAND. m iM t ] f • 1^ 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 tliis prospect burst upon us in the same manner a month earlier, it would have created in my mind a thousand pleasures, tlio impressions of which I was now too callous to receive : all was now, however, accomplished, and I hailed the glance of tlio sea as home, and as the parent of everything dear. There was scarcely any snow to be seen within several miles of the sea-cojist, 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 Kiver, across which we were to ford, or, if 8wollen, to pass over upon a raft, flowed at the foot of tlic ridge. It threatened rain, and the sun was setting; but the siglit of the sea urged us onward. By sliding down rill courses, and trsiversing 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 f«'ei against the bottom, and steadying ourselves by ])lacing one end of a pole, as with a staff or walking-stick, firmly upcm 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 River there is some good birch, pine, and spruce timber. Tlu; Boil 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 J^eotia. In the afternoon we reaehed St. George's Harbour. The first houses we reaehed, two in number, close to the shore, belonged to Indians. Tliey were nailed up, the APPENDIX Vir. 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, whicli is here about a mile wide, and near the entrance; but a westerly gale of wind prevented any intercourse across. Having had no food fur 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 l)arrels 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. lisov. 3. — We were still storm-stayed in the Indian house, in the midst of plenty. It seemed remarkable that tlio provisions were entirely free from the ravages of rats and other vermin, although left without any precaution to guard against such. There was a j)otato 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. I^ov. 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 di^1)leasure his door broken open, and house occupied by strangers, he merely said, upon looking round, and my ofifering an explanation, 'Suppose me here, you take all tlusse 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 liad 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 wore too many risks attending the sending to sea any of the vessi^ls here at this season, although I offered a considerable sum to the owners of any of them tiiat 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 vet sailed from the mercantile establishments there. I^- m T*^ 'JUKtf'tW^ f - A '^1 •'' ^ J ■^ J t •>. ■)|| 3 *:! ' 1 f-^- ' 'h '' w ! .■■ Mi V '' ' : ' ■ '* M ;J H / I !'■ • 1 S'i 522 HISTORY OF UEWFOITNDLAND. 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 multiplied 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 he one, who 8 the island, • with them )air in the lis stock of mily, which 1 the island, part owing ir could not would have reby of the le able. It date equiva- nd depriva- )f any class APPENDIX VIII. i . ■I 524 HISTORY OF NEWFOUNDLAND. The following table hiis been compiled and kindly furnished of Newfoundland. TABLE OF TRADE, REVENUl 1 r i I • ! , ,■ ' r 1 f *r \ ■1' « i Year 1805» 1810* 1815* 1820* 1822 1823 1826 1885 1836 1837 1838 1839 1840 1841 1842 1843 1844 1846 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 Amount of Civil Expenditure Amount of Imports Amount of Exports Qts. Fish exported 11,960 11,753 30,260 31,632 36,019 34,489 47,172 42,822 39,347 40,787 69,830 6'5,379 62,703 74.050 74,873 62,071 66,262 71,807 76,770 90,409 93.066 77,492 120,926 105,845 116,748 173,965 114,599 120,728 126.753 138,058 «. d. • • • 9 • 6 4 11 3 8 9 9 18 6 15 9 3 7 2 4 17 8 13 4 5 6 18 7 1 16 7 18 7 2 1 1 6 15 1 8 10 4 9 15 10 3 8 16 5 13 8 9 1 3 4 2 5 9 17 6 9 £ f 231,200 447,080 659,280 1580,090 467,762 623,329 862,443 671,374 632,676 769,295 639,268 710,667 784,045 800,423 741.966 770,016 801,330 802,247 843,409 769,628 770,190 867,316 943,191 795,768 912,095 964,527 1,152,804 1,271,604 1,413,432 1,172,862 1,323,288 1,254,128 1,162,857 1,007,082 £ ' 590,460 763,330 1,183,800 967,000 729,198 636,496 759.306 766,977 850,334 906,705 829,605 901,385 983,961 962,525 960,461 882,905 939,436 769,103 806,666 837,681 876,567 976,770 959,751 965,772 1,170,603 1,019,572 1,142,212 1,338,797 1,651,171 1,318,836 1,367,113 1,271,712 1,092,661 1.171,723 No. 666,922 773,557 1,247,503 901,169 881,476 864,741 963,942 860,354' 724,615* 866,377 916,795 1,009,725 932,202 862,162 1,000,233 879.005 837,973 920,386 1.175,167 1,089,182 1,017,152 972,921 922,718 774,117 1,107,388 1,268,334 1,392,322 1,038,089 1,105,793 1,138,644 1,021,720 1,080,069 Tuns of Oil exported No. 4,596i 4,678| 7,632 9,290^ 1,620"' 6,400 9,343 9,319^ 8,625^ 8,905i 12,724i 10,609| 12,346^ 10,280 8,804^ 6,703 9,625 10,32U 8,597j 10,302i 10,852'^ 11,633" 12.299? 9,272' 8,056 9.'r>0j 12,4873 12,097: 10,579, 9,892- 8,606; 16,637 • For t1ic«> yparn tho rctumn do not furnish the rnlur of tlip poods impotifd or exported , only tlio quantities of eiieh article ; so that the sterlinp amount for cither the imjKirts or export*! is only nn approximation, being based upon the prices paid and given for the various articles at the present time. APPENDIX Vlir. 025 of this work by the Honourable John Bemister, Receiver-General TRADE, BEVENt^tTURE FROM 1805 TO 1862. , No. 22 4,596i 67 4,678| 03 7,632 69 9,29(»y 76 1,620 41 6,400 42 9,343 54 9,319i 15 8,625^ 77 8,905i 96 12,724* 25 10,609^ 02 12,346^ 62 10,280 33 8,804^ 05 6,703 73 9,625 66 10,32U 07 8,5971 82 10,3021 52 10,852? 21 11,633 18 12,299? 17 9,272 88 8,056 34 9/r>o- 22 12,487-? 89 12,097: 93 10,579. 44 9,892; 20 8,606 69 16,637 Seal Skins ezportod No. 81,088 118,080 126,316 213,679 306,982 230,410 292,007 384,321 376,361 437,501 631,385 417,115 651,370 685,530 352.702 265,169 436,831 621,604 306,072 labout 698,860 611,630 634,378 621,783 398,870 293,083 361,317 496,113 607,624 329,185 444,202 375,282 268,624 Tonnage of Vessels in Colony Vessela buUt in 1804 30 24 28 16 31 33 24 32 31 17 30 39 38 45 42 44 68 52 52 58 26 Amount of Revenue Amount of Debt Ships ! Ships entered ; cleared 9,174 14,296 25,614 42,297 46,187 40,471 34,527 32,640 43,863 44,143 60,884 60,233 60,303 76,760 69,049 59,300 69,405 82,652 80,395 83,925 93,857 81,007 126,448 118,831 149,324 141,128 124,799 133,608 90,043 116,929 «. () 925 91)3 1(0 3U 2()(j 278 2'J() l.V.) 159 or rTportcd,only tho ir exports Is only nn C8 at the present time. • Not known. « ;^ A3 Aca g> G Am n: II 3( re Am Am Ans 2( Atk Attt Att(] to re Ban a( ^] A ri of 4: of Bart Beai Ben Berl 2i Ben Bish of Blar Bon Bon Bom Boat of m 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, unqualitiud, 333 BACON, Lord, the opinion of, 21 Baltimore, Lord, grant of Avalon to, 22 ; grant of Maryland to, 23 ; revival of the clahns of, 71 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 Bcauclerk, 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 llichard, quoted, 153 Boston, liberality of the inhabitants of, 315; letter of Governor Pick- more to, 317 COC 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, i88 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 ; 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 ; special commission to, 343 ; mea- sures of, for relief of pauperism, 345 j pronmlgation 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 m p. T I fi28 INDEX. 'ij' I* I 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, 1 7 Cod fishery, the, the early dIsco'ier.T -'f, 19; value of, 51; extraordi.. >. t bounties connected with, 149 i i«.' guiation of, 130, 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 Colclougli, Chief Justice, threatening letter to, 293 Colonial records, referred to, SI, 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, 252, 254, 340 DALIIOUSIE, Lord, 309, 312 Darling, C. H., Governor, 430 Darnley, Lord, 331 Derby, Lord, 409 Domll, Governor, measures of, against Irish immigration, 91 ; against priests and masses, 93 ; ex- planation of the severity of, 95 D.)yle, 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-Mac8,257; re native Indians, GOV 261 ; report of, to Lord Bathnrst, 277—280 Duff; Admiral, Governor, 191 Dunscombe, J., Esq., 351 T^DGELL, Captain, special com- A J :,nission to, 22 1 Edwards, Governor, defensive mea- sures ot^ 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, 38 1 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 Gambler, 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, 1 1 ; 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, S57, n Governor, first appointment of, 64 ; r-. W' INDEX. 529 < ord Bathnrst, )r, 191 51 special com- iefensive mca- acknowlcdge- of Volunteers kinistration of, e with Prince tter to Lord fficulties with ;, agitation for, , by Governor tension of, to 57, 133, 144 53, 55, 59, G8; er of, 369, n , Winton, 381 lelg from, 379 ,384 vith Newfound - 33, 35, 37,38, 128, 151, 221, —423 Jovernor, 220; the poor, 222; for the public r to the clergy, Hobart, 229 e, 135 y, enterprise of, ition — annexa- iland by, 13 ; \. W., 419 i69 _ Mr., 331 )le, 426—430 rcction of, 357 ; iiitracnt of, 64 ; oow functions of, 82 ; salary of, 246, 256 ; council of, 343 Gowcr, Sir Erasmus, Governor, 238, 242, 243, 244, 245 Graham, Air., 159 Graves, Capt., Governor, 76, 103 Graydon, Adminil, 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, 3.03 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 llolloway, J., Governor, 247, 248, 252, 253, 254 Hospital, foundation of, 270 Hoylcs, N. W., Esq., 351 Howick, Lord, 369, 372 Huskisson, Eight Hon. W., 361 1NGLIS, Bishop, 154 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, 70, 74, 124, 140, 210,232,242, 267,312, 352, 436,445 Jones, Rev. John, 138 Judicature, 37, 53, 64, 82, 145 — Extemporised Court of, 61 — Supreme Court of, 161, 162, 335, 34 6 Justice's justice, examples of, 85, 86, 97, 98 Surrogates, Court of, 146, 147, 337 EEATS, Sir Richard, Governor, police regulations of, 280 ; grants of land by, 261 ; letter from, 282, 283 MIQ Keen, Air., 87, 88, 89 Kent, the Duke of, correspondence with Governor Waldcgrave of, 183 — Mr., 378, 404, 405, 406, 407, 409, 434, 135 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, 5fi Latona, mutiny on board the, 175 Lawry, Lieut , the murder of, 107 Lonke, 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, 331 McAIurdo'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 ISI 530 INDEX. j *1 I * ■'■■ 2 1 f; ■« i i i MIS Mitjcclluiicnus 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, 20 4 ) g05 ^'"'-^ 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 Ncsniond, the Chevalier, cX])edition of, 38, 3S 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, Bishoj), good service of, 213, 216 Ix'tter of, 226; referred to, 240 Dgdun, Mr., letters from, 188, 217, n Orders in C'ouncil, 249 Osborne, Capt. Henry, first Governor, 64, 65. 66, 67, 68 Oyrr ct Terminer, Commiuioners of, 69, 83, 159 rAKIN(;TON, Sir John, 427 Palliser, Sir Hugh, Governor, administration of, 105, 107. 109, 111, 113, 118, 123 •^ the Act of (commonly railed), opinion of the Act of, by Reovcs, 1 13 QUI Pamphlets— Carson's, 289, 290; Mor- ris's, 264, 265; anonymous, 36.'J Panic, the, of 1815, 30."), 300 Paris, treaty of, the first, 79; tlic second, 288 ; the tliinl, 431 Pauperism, 18G, 224, 345 Peter's, St., 100, 101, 121, 129, 104, 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, 1 04, 220 Pike, John, 84, 85 Pilgri'n Fathers, 1 7 Pine, Cape, 41 1 Pitt, Mr., the Premiership of, 72, 73; 8|)eech on Newfoundland by, 80 Plaeentia, 37, 43, 57, 224 Pole, Charles Moriec, Governor, 219 Political fueling, growth of, 291 Political refonn, demand for, 331, 332. 301. 309, 371 Poole, Sir W., 23. Population in 178.5, 153; in 1802, 221; in 1805, 2.33; in 1809, 274; in 1814, 289; in 1810, 304 Portland, the Duke of, 187, 188, 190 Portugal Cove, 353, 414 Post-Uflice, establishment of the, 241 Destruction of the, 417 Power, Father, 145, 290 Presbyterian Church, 402 Pres-cott, Capt., Governor, 380, 413 Price Current. 235, 230. 237, 284 Pringle, Lieut-Col., 140 Privy Council, 401, 403, 408 Projagatiou of the Gospel, the Society for. aid to Newfuiiiidland from, 185, 204,250 Property in land, (picstion concern- ing, 118. 140, 200 Prohibitions against holding, 119 Commission of enqiiiry into, 140 Letter of Waldegrave on, 191 Steps towards aeipiiring, 20.") , 200, 281 Puiilic Houses, Alemorial on, 154 09, 110 Q UIDI VIDI, 75. 444. 448 Quirpon Islands, 325 L\DEX. 531 < '.), 2"J0; Mui- iiioiis, 303 300 list, 79 J the (1, 431 ft 21, 129, 1G4, xpcdition of, nior, ailniiiiis- , letter i)i', t(j , 317; detUli, ihip of, 72, 73; liiuil by, 80 24 jDViTUor, 219 Ihot, 291 luid lor, 331, 153; in 180l>, in 1809, 274; 1 0, 304 187, 188, 190 4 jient of till', 10, 417 1) 02 nr, 380,413 \, 237, 284 3, 408 |)cl, the Society untilaiitl from, cstion coiicein- tniiist holding, enquiry into, ;;ijive on, 191 iiKluiriiig, 20.") , riidoii, ir)4 44, 448 320 RAC RACE. Cape, 22, 31 Raleigh, Sir Waltor, 11, 12 Range, Thomas, the petition of, 84 liiiy, Cape, 19, 152, 325 Reeves, Chief Justice, appointment of, 101 — — the history of Newfoundland by, Ui. Quoted pa«.«m. Re. lews, Harbour of, 132 Tliehery, Admirul, 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—110, 137, 259,274, 400 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 QABINE, Mr., 302 O Halnioii-Fishery, 108, 234 Soallan, Bishop, 379 Schlozer, Christian Andrew, 123 Seal-tishery, 194, 195, 309, 31tt JSIiipbuilding, 235 bliips' tishing-rooins, 140, 231, 25: 207, 279 Shuidham, Commodore ^Molineux, Governor, 111, 113 Skerrit, Major-General, 213, 239 Small-jiox, 219, 274 Spear. C'ape, 410 Spencer, Dr. George Aubrey, Bishop, 413 Statistics, 232, 23.'; -jns, 246 Sliriiiig, Dr., 393 Sii] reme Court, 340, 34H Surrogates, origin of, 140 Jiimitation of the jurisdiction of, 147 iVbolition of the Courts (f, 337 Sydney, Lord, 143, 157 WVN ri^ERNAY, M. dc, expedition of, 1 75 Theatrical representations, introduc- tion of, 245 Tliomas, Mr. W., 371 Tobyn, George, 96 Torbay, 75, 353 Townshend, Fort, 134, 136 Trade, the growth of, 109, 232,233, 234, 2^f>, 250, 297, 304, 305, 310 — Memorial on the state of, 329 — the Board of, 32, 57, 58, GO, 04, 09, 110 Tucker, Chief Justice, 344, 376 Twilliugate, 224 DNDERWOOD, Capt., 44 Utrecht, the treaty of, 47, 48, 57, 7J, 'JJ, 151 TTICE-ADMIRAI.TY, the Court V of, 147. 148 Volunteers, 178, 239, 259, 271 WALDEGRAVE, W., Governor, administration of, 174, 19.>, 194; letters by, 17.'}, 187, 190, 191: remarkable address by, 176 — 178 Wel)l), Governor, mentioned, 92 Wales, the Triiice of, the visit of His Royal I."jjhnc88, to St. John's, 445 —449 Wallace, Sir James, Governor, ad- ministration of, 105, 100, 107,170, 171 Waterford Bridge, 354 V.'esleyau Chureli, 458—400 Wliijiping, the punishment of, 80, 87, 138, 139, 330 William III. , the statute of, 51, 53, 55, .58, 10'.> William Henry, PrinccC William IV.), the correspondence of, with Go- vernor Elliott, 142 145 Wiiiton, Mr., .380; assault on, 391; mutilation of, 392; memorial to, 395 Wynne, Capt.. 22 toifnoH rHINIBO Ur Hl'l)TTI-Wil()DK AND tO. 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