IMAGE EVALUATION TEST TARGET (MT-3) // '^/ .4^*4 -^JlfeSr' 1.0 I.I 1.25 IK I 40 12.5 2.2 iiM U IIIIII.6 i I V] <^ 'm m / ^:5 w > Photographic Corporation 4\^ 4 ■^^- £^ CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques :\ m tails du jdifier une nage The copy filmed here has been reproduced thanks to the generosity of: Metropolitan Toronto Library Canadian History Department The images appearing here are the best quality possible considering the condition and legibility of the origir^i copy and in Iteeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. 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Les diagrammes suivants illustrent la mithode. rata 3 elure. a 3 1 2 3 1 ■ IF BRIEF REMARKS, &c. ,?1 1?, m I -!i i HI HP m BRIEF REMARKS ON A PAMPHIiET, ENTITLED "ARGUMENTS TO PROVE THE POLICY AND NECESSITY OF GRANTING TO NEWFOUNDLAND CONSTITUTIONAL GOVERNMENT »» t« By p. MORHIS, AN INHABITANT OF THE COLONY OF NEWFOUNDLAND.' % tite Author of ''A View of the Rise, Progress and Present State of the Newfoundland Fishery :' "Rien n'est si dangereux qu'un indiscret ami; **Mieux vaudroit un sage ennemi." La Fontaine. PRINTED AND SOLD BY MOORE AND SYDENHAM : SOLD ALS© BY O. B. WHITTAKER, AVE-MARIA LANE, LONDON, 1828. m m BRIEF REMARKS, Audi alteram partem is a ivise as well as candid maxim, a-nd equally valuable to the supporters of both sides of a question : if Mr. Patrick Morris had not given to the world bis "Arguments to prove the "policy and necessity of granting to Newfouiidland at "Constitutional Govei'nment," the author of "A View" or "AN ENLARGED VIEW," if Mr. Morris is better pleased with the term, "of the rise, prog'ress, and "present state of the Newfoundland Fishery," would have lost many useful hints, and much amusing and interesting matter, which a perusal of that urbane and gentlemanly production has afforded him. He and Mr. Morris have taken different views of a question very simple in itself, and as capable of practical de- monstration as any proposition in Euclid — Whether the island of Newfoundland is hy nature fitted for cultivation to a profitable extent^ and as a general measure of resource to the population^ for thei necessaries of life? Upon the affirmative of this question Mr. Morris grounds his chief argument foi* •©Ionization, or to use his own words, "the necessity I ,,,1, , 'wmmifmmmm I'M ■Kl m (< <.: of oTantina- lo Xpufonndlaud a Constltutiuiral Cii^v^ -ernment •" and he has entlravoiired to support this aflirniative bv avgilinents and quotations t\vawn from various sources, .vitliout any j>reat re^'ard to order or per^picuitv. It is not the intenliou of the author ot the "View," to follow Mr. Morris th.m.oh all hii^ desultory reasoniwg^ and voluuaiHOUS quotations, he certainly wants leisure and inclination, if not talents, for the undertaUin- ; he however, feels himself called upon bv a sense of duty and self respect to enter upon a brief examination of Mr. Morris's work. In writing the little worU which has excited so iMUch angrv feeling in Mr. Morris, his object was to show, certaUily in opposition to the representJ\tions of Mr Morris and those who enter into his views and opinions, that Newfoundland can never become a ifveat acjricidtural eomiir^, in consequence of natural obstacles whicb are insurnnountable— that it is fitted by nature chiefly for the seat of a fishery ; such it lias been from its earliest settlement, such it still is, and sugU it must remain as the author believes, for ages y^t to come, and not the less valuable on this account to the mother country, or requiring tess the encopr- aoement and protection of its government. In main- taining this position, be has not relie^l on the authority of his own ipse dmh which certainly could hare very little weight, he uev^r having been in Newfound- land ; but having, in the course oj' a pretty long life <4- business, been in babits of constant intercourse with men of the highest respectability intimjitely ac-^ quainted with the islanin-' >uth a ^lowin- pencil, tlie manners mid hahits of ancient and modern times, and arraying in atnusin-- contrast, hoop nailed tables, sooty boat's kettles^ tarri/ jackets, check shirts, cod's heads and sound bones, butter firkins and deal benches, sofas, ottmnans, carpeted floors, bread bags and damask tablecloths, black tea kettles, tin cans, rich cut decanters and glasses, spruce beer and callibogus, and the sparkling wines of Portugal and France, and apostrophising our venerable ancestors, he tri- umphantly informs them (if they could rise from their graves) that "Tliey >\ouId see the germ of ^'cultivation bursting, as A were, through the matted "woods, and requiring but the beneficent hand of a "liberal government to train it to future universal ♦'luxuriance/' Now all this may be very fine writing, but is very weak argument, and that government \Vould act unwisely which would suffer itself to be led away by the florid but delusive representations of au interested party, who would make agriculture the stepping stone to colonial rank and importance, and cotomence expensive experiments without some bet- ter assurance that the soil and climate would recjuite the attempt. 'Jll Mf.'lj Mr. Morris again returns to the subject of agri- culture i»i page 49, and says "I think that any man, '*takiug the map of Newfoundland, and looking at its ♦'geographical situation, will be convinced, from its ••great extent, that there must be land capable of "cultivation, particularly when he is informed that ♦'countries only divided from it by a few leagues of *«sea, abound with rich soil ; that in the interior there "are tribes of native savages who have no intercourse "with civilized man, and who support themselves by •'hunting and fishing ; and that there are thousands «'of deer, and other wild animals in the country, that •'subsist there both summer and winte**." It would seem to have been more to Mr. Morris's purpose, if he had pointed out in what parts of the island, land capable of cultivation is situated, and which, being an inhabitant of the colony of Newfoundland, it may be supposed he is well qualified to do : it is however, an unassuming proposition, and it is readily granted, that there are lands capable of cultivation, and that they are beneficially cultivated as auxiliaries to the fishery, principally as gardens and potato grounds, in some instances more extensively in mea- dows and experimental farms ; but it does not follow that cultivation can ever be successfully attempted as a general measure of resource to the population, and to the extent to constitute Newfoundland a great agricultural country. If large farms have already been cultivated, what has become of the produce of them ? The land in St. George's Bay and on the iBanks of Cod Roy River, is better perhaps, than any 'i other in the island, and has been more successfully cultivated, and yet no attempt has ever been made to rear food or cattle for the supply of the St. John's market, although the demand is known to be such, that coasters are constantly trading from that place to the islands in the Gulph of St. Lawrence, for cattle and other supplies ; it is not from isolated spots of cven^cr/i/esoil, that the wants of a large community can be supplied ; neither is it to be inferred be- cause there are tribes of savages in the interior, who support themselves by hunting and fishing, and thou- sands of deer and other wild animals in the country, that subsist there both summer and winter, that the country can ever become agricultural*. Mr. Morris proceeds, page 50, to support his assertions by quotations from various authorities, both of ancient and modern date, and begins with the re- port of Captain Hayes, second in command to Sir Humphrey Gilbert, who made a voyage to Newfound- land in the year 1583 : this is an interesting docu- ment, in which there is much to admire, and also much to doubt : this report serves to show in the most decided manner, the opinion of this writer, that Newfoundland, is in an especial manner adapted by nature for the seat of a fishery ; he says "Touching 'Mhe commodities of this countrie, seruin^ either for *'sustentation of inhabitants, or for maintenance of "traffique, there are and may be made diuers: so and "it seemeth Nature hath recompenced that only defect *fand incommoditie of some sharpe cold, by many "benefits : viz. With incredible quantitie, and no lees * See Note A.' ;i'!: M M m »t <( ti-, **tainctit5 of kindes of fish in the sea and ffe»lt •*watcrf, as Trouts, SAlmoiis, and other iiak to m •'vnknowen : Also Cod which alone draweth many "nations thither, and is become the most famous tish- «ing of the world. Abundance of whales, for which 'also is a very great trade in the bayes of Placentia, 'and the Grand Bay, where is made trane oiles of the whale. Herring, the largest that haue been heard of, and exceeding the alstrond herring of Norway : "but hitherto was neuer benefit taken of the herring "fishing. There are sundry cither fish very delicate, "namely the Bonito, Lobsters, Turbut, with others "infinite not sought after : Oysters hauing' pearle but "not orient in colour: I took it by reason they were "not gathered in season. "Concerning the inland commodities as wel to be «drawen from this land, as from the exceeding large ^countries adhtfuing t there is nothing which our east «and northerly countries of Europe doe yeelde, but "the like also tnay be made in them as plentifully by "time and industrie: Namely, rosen, pitch, tarre, "8ope ashes, deel boord, mastes for ships, hides, furres, **flaxe, hempe, corne, cables, cordage, linnen cloth, "iB6ttal», and many more. All which the countries **will aford, and the soyle is apt to yeelde." To what extent the various commodities here enumerated, can be proctired from the "exceeding "large countries adioyning," and the advantages of procwing them from those cmintries ai^ much better underetood now than in the time of Captain Haye«, it id c«f tftin that moat of them liave nev€f yet been f pmcured from NcwfouncJland, to ai>y profitable pe inhabitants of Newfoundland, every restraint "upon the cultivation of thesoil should be I'emoved, ''and every encouragement given to the breeding of "sheep, cattle, and other live stock. "The necessity of cuhivating the soil, as an aux- "iliary to the fishery, is n«>t disputed, nor is there "any existing law which prohibits it ; but there is *^none to encom'age it ; and there is still maintained "!« the island an ancient opinion, that it is against "the policy of Government — as if that could be called "policy, vvhidi in a country overstocked with people, "and 4ls»tresse(J for food, would prohibit so plain a "dictate of natural law as that of raising subsistence "from the earth. ^* In this every thinking mind ac- quainted with the subject will agree, and none more conlially than the Poole Merchant^ upon whom Mr, Morris has, nevertbelegs, l)eeu pleased so lavishly to exercise liis vitiipprative powers. P i; ; > 8 As an auxiliary to the fishery, (and it must here he observed that Mr. Forbes, whose object is the revival of the fisheries, as a means of reheving the people, only recominends cuhivation ^'as an auxiliary to the fishery^') so far as the cuhivation of the soil can be made profitable, let it by all means be pursued, but let it be so pursued upon the means and resources of those who see occasion and opportunity to attempt it, and not at the expence of the Government, to be ulti- mately repaid in the shape of taxes by the people. In addition to his practical recommendation of cultivation, as an auxiliary to the fishery, Mr. Forbes in conclusion, oifers his speculative opinion ; "As a "broad proposition," he says, "it may be maintained, "that if the fishery were to be taken up as it is, de ^'' facto, and a system adapted to the present state of "things, openly avowed and directly pursued by the "local authorities, Newfoundland 'Tould become, what "it ought to be, a prosperous ijttlement, subsisting "itself by internal resources." With all possible respect for tbe opinions of Mr. Forbes, it may be allowable to observe, with due deference to the opinions of Mr. Jflorris, that nei- ther the known and acknowledged character of the soil and climate, nor the long experience of past times, warrant the conclusion, that the population of Newfoundland can ever derive subsistence from the internal resources of the island, or that Mr. Forbes's benevolent suggestions for the welfare of • the inhabitants can in that respect ever be realised. Mr. Morris next quotes (page 57) from the **^ (( 14 memorial of the Committee of the inhabitants o( Newfoundland, presented to Lmd Batburst, in De- cember, 1822. as follows : "11 is admitted by every person conversant with th- affairs of Newfoundland, •that the trade and fisheries are not capable of afford- ing employment and subsistence to the large popu- "latlon thathas grown up in the country. If not, it ♦'becomes a most important question, how are they to ♦'be supported ? In reply, the Committee state, the *'soil affords ample means, and it is only by its more "general cultivation the present population can be "maintained in the country. In Newfoundland there v»are millions of uncultivated acres, capable of pro- educing food for a population much greater than it •'now contains." '^n no one instance where skill and industry have "been employed in improving or clearing the soil, "have they failed amply to repay the cultivator." If it be admitted by way of argument, the only way in which it is admitted, that the trade and fisheries are not capable of affording employment and subsistence to the population, it is not in the want of encouragement to cultivation that the cause should be sought after, but in the extensive privileges ceded by treaty to France and America, whose fisher- men swarm on the coast, and rival those of Britain in foreign markets. There mo^ be millions of unculti- vated acres, capable of producing food, and two reasons may be assigned wliv they have never been cultivated— one, founded in the superior advantages of prosecuting the fishery— the other, that cultivation extended beyond its proper limit oi an auxUicmj to Mill l: C li: it ■f 10 the fishery, has neva ere refused supplies by the merchants' houses witli whom they had been in the habits of dealing. Such are the authorities quoted by Mr. [Morris, to sanction the opinion that the soil and climate are favorable for the purposes of cultivation, and that Is^ewfoundland will, ere lorn), become a great agri- cultural countrij. It is hoM ever to be observed, that the only one of these authorities that ventures to re- commend cultivation with any other view than as an auxiliary to the trade and fisheries, is that of the Committee of the inhabitants of .Newfoundland, in other words the Committee of the inhabitants of St. John'i, the metropolis, and the onlt/ town in the island. Where and by whom this Committe was constituted we are not informed, but it may be confi- dently affirmed that the inhabitants of St. John's only, had any share in it, and that the inhabitants of the island generally had no knowledge of the appoint- ment. This Committee broadly maintains, that in Newfoundland, there are uncultivated lands amply sufficient to produce food for a population much greater than it now contains. It has been remarked that this question, the pivot upon which the argument jlurns, is simple in itself and capable of practical , ■;* ««• 13 demonstration : let His iMajesty's Government offer a grant of 10,000 contiguous acres, to be selected by the grantee from any one situation amongst the mil- lions of uncultivated acres, upon the condition that he shall bring them into cultivation, or that in failure thereof, at the expiration of a certain term, (sufficient of comse to allow the experiment to be fairly made) the grant shall be annulled, and the land with any improvements made on it, revert to the crown. Does iVJr. Morris believe that any prudent practical agri- culturist would accept it? Would the patriotic Mr. Morris hiniself accept such a grant ? If not, the natu- ral conclusion would be, that as a profitable pursuit, the obstacles to cultivation are insurmountable, and that the agricultural capabilities of the island, can only be called forth by gradual operations of the inhabit- ants, such as are now and have long been in progress, in oardens and small farms : and how these operations are to be accelerated or facilitated by a colonial legisla- tive uovernment, is certainly not very apparent : Mr. Morris and the Committee inform us bi/ making roads and bridges ; but it is difficult to conceive to what good purpose either could be applied, in the present state of settlement of the country ; it is admitted by the Committee, that "it is only on the ♦'margin of the coast that cultivation has been at- tempted," and that "the interior remains unexplored;" and it is a striking fact and worthy of notice, that after a lapse of three centuries since the discovery and setdement of the island, there is not, with the excep- tion of the immediate vicinity of St. John's, a garden H If u f * h ii i4 ^ potato growod, of a house at the distance of a mile from the shore; this fact serves at least to shew, that 1he advantages of soil and climate have heen insufficient either to induce the inhabitants to explore the interior with a view to agriculture, or to outweigh the more solid advantages of prosecuting the fishery. It will be replied however that -the baneful effects of the system *cof government hitherto adopted have discouraged ♦^settlement and agriculture, ana paralyzed the eiier- -c.ies of the people." That "by the Western Char^ 4er no inhabitant was allowed to live within six miles *'of the sea, and might under its authority be driven *'out of the country." Let us have a colonial legisla- ture to authorize the making of roaxls through the interior, and the face of the country will soon be chan- ged and population increase almost in a tenfjld pro- portion. ^^ ith submission to Mr. IVIorris however, this would be to reverse the natural order of things— that improvements in civilization should keep pace with the wants of the people is perfectly right and natural, but not that they should outrmi ^hem. The II esiern Charter was granted about 200 years ago, and re- newed and confirmed, and further rules added to it at several subsequent periods ; by this Charter all plant- ei-s were forbid to mhabit within six miles of the shore, from Cape Race to Cape Bonamsta : if it tv^ere not a waste of time to bestow further considera- tion upon this long obsolete charter, whose peaceful ashes have b^n disturbed by Mr. Morris, to be set inari'^ again»t the Western Merchants, it might be argued, that if by its resitrictions the people ^v<^l^ f 15 prevcrited from settling" within six niiks of the shore, there was the greater reason i^ hy they should have extended tlieir views to ttie interior, and have foimried settlements for the purposes of agriculture, beyond the prescribed limit ; but the plain fact is, tliat the planters never dreamt of agricultiue ; ihe Ji^ her t/ was then, as it is now, and as if must necessarily continue to be, the chief object of pursuit ; and it is moreover, a known fact, that the interior of the island, so fur as it has been explored, is found to be barren land, in- tersected with swamps and morasses, often extending to the vicinity of the bays and harbours, that would render any attempt at general cultivation fruitless. It would 1)6 tiresome, if we were disposed to it, to follow Mr. Morris in the tortuous windings of his motley work, in which tragedy, comedy, and farce, are so happily blended, that we are at a loss which most to admire: in one part he declaims, with heroic dignity becoming a child of Melpomene, against the ♦'blasting influence of mercantile monopoly," and the ♦'avarice, tyranny, ignorance, and prejudice,'^ of the monopolists ; in another, in true comic vein, he depicts the manners, habits, and costume, of their venerable ancestors, and contrasts them with the ele- gances and refinements of their successors ; again he facetiously displays the author of the "View*' as just aroused, like the renowned Dutchman, from a com- fortable doze of some twenty years ; and now de- nounces the Poole merchants, as binding Newfound- land *'in chains of worse than feudal despotism," and in the plenitude of his virtuous indignation. II SI if: ■ Itf w predicting that her people will no longer be their slaves; forgetting perhaps, at the moment, that the distance between a slave owner and a slave ship owner, upon the scale of moral propriety, is not ira- mea&urable*. We can only afford time for a few passing remarks on some of the most prominent features of : '- Morris's work, and shall then take our leave of him. The gross and insulting language with which Mr. Morris has thought proper to assail the merchants of Poole, it would be derogating from their known re^ spectal)ility to notice otherwise than by contempt; if Mr. Morris fondly supposes that it will do him credit either as a writer or a gentleman, he is to be pitied for his self-delusion, as much as he is to be contemned for his impotent virulence : he h.is chosen to become the champion of a party who have long been striving to acquire a little fancied importance, by the establish- ment of a legislative government in Newfoundland, rerkless of the consequences of such a measure to the fishert/, the only object that can be pursued with a, fair prospect of advantage ; and it mast be confessed that he is not scrupulous about the means to be used to attain his end: he has quoted Blackstone, he has quoted Mr. Fox, Mr. Burke, and Sir James Mackin- tosh, he has flattered Mr. Huskisson, and Sir Thomas Cochrane, and loaded with indiscriminate abuse all those who differ in opinion with him and his party : what success may attend his meritorious labours, time will show : that His Majesty's Government will, 6^ nuch means, be convinced of the necessity of a colowal legielaiiu'e, is not very probable. • Now B. 1^ This question, divested of the verbiage with which Mr. Morris has enveloped it, is, whether New- foundland, in its existing state of settlement and improvement, requires a Colonial legislative Govern^ ment?—am], if the existing state of the settlement floes not require it, whether the probability of future improvement would justify the granting of such a Government? If, in either case. His Majesty's Mi- nisters are convinced of the necessity, ihey will, from a sense of public duty, grant such a government ; and the merchants of Poole will bow with submission to the /?af. It has been shewn, we think beyond contradic- tion, that the population of the island (large as it is) is dispersed along the very margin of the coast ; and that, with the exception of the vicinity of St. John's, there is not a house to be found, or any vestige of settlement, at the distance of a mile from the shore i and that the interior of the island, as far as has been ascertained, is unfavourable, if not altogether unfitted, for cultivation :— that the cli.nate is uncongenial to it, is well known, and is confirmed by the fact, that m the present year (1828), so late as the beginning of May, the snow laid on the ground, and the frost was so intense, that the common operations of domestic o-ardening couUl not be commenced* : — that cultiva- Tion, as an auxiliary to the fishery, has long been pmctised, and to as great an extent as the wants or the inclinations of the inhabitants hav.^ prompted them to pursue it, and that there is no restriction to its future and unli nited extension :— it has further been shewn, D * Note C. 18 that i\ie fishery, from the first settlement of the island, has been the only object of pursuit^i*, and that, from natural causes, no other object can be pursued with advantage ; and, it may be added, that the habits of the people combine with natural obstacles, to pre- vent Newfoundland from becoming an agricultural country, or even a commercial one, in any other sense than as connected with the fishery. From these premises, it is assumed, as a natural conclusion, that the existing state of settlement and improvement, does not call for a Representative Go- vernment. Mr. Morris allows (p. 38) that "the repre- ««sentative body would not have any very difficult "subjects to legislate on, further than the propriety of "making roads and bridges, and other local improve- «'ments, and affording due encouragement to the "trade, fisheries, and agriculture of the country.'' The propriety of making roads in a country, the in- terior of which, in the course of three hundred years, has not invited a single settler to establish himself at a greater distance than a mile from the shore, must, we think, be ?i difficult subject: it must be equally difficult to devise what kind of encouragement could be afforded to agriculture, in a country which nature has precluded from becoming generally agricultural. Where bridges are proposed to be built, we are not informedt: Mr. Morris will perhaps have the kindness to tell us, in the next edition of his "Arguments.'* Such encouragement as the trade and fisheries re- quire, it is hoped His Majesty's Government will see the necessity of, and be pleased to afford, without the ♦ Note Dj - " "*' ^ t ilVlS tit. 19 intervention of a legislative assembly. From the same data, vvc as naturally come to the conclusion that the probability of future improvement, by means of a representative government, is too slender and proble- matical to warrant the adopting of a measure, to uhich, whether considered in a political or commercial Ux: there are many and powerful objections. These are the conclusions that the Author of the "View'' lias arrived at, ujion a deliberate consider- ation of the questions of Cultivation and Representative Government : he has no personal views to promote, and is no otherwise interested in the questions than as they may tend to the public good ; if he is wrong, he has a mind open to conviction by dispassionate argu- ment ; and he is alike indifferent to the sneers and the vulgarisms of coarse scurrility. He has no inten- tion of again taking any part in the discussion of this question ; and it only remains for him now to offer a few observations on some other points adverted to by Mr. Morris, and a few remarks on the want of candour displayed by him in his quotations from the "View,'' in the course of his arguments*. In the first page of his work, Mr. Morris assumes that the granting to Newfoundland a Constitutional Government, "can alone save her from falling, at no "very distant period, a victim at the feet of the young "and aspiring Republic of America." This is a start- ling prediction, and we sought, with fearful earnest- ness, in the subsequent pages, for the dread proof of its probable fulfilment ; and, at length, in (p. 87) we find the following passage. "1 state as a fact, that has • Not« F. il 20 '*appearwl dear to CTen intelligent man in Newfoum!- •'land, who ever gave himself the trouble of making "observations on the subject, that tiiat colony is a "stepping-stone to the United States of America ; that "in consequence of the difficulties in the way of making "settlements in Newfoundland, the fishermen and ^'other emigrants, in a short time direct their course to "the United States, carry with them often the fruits of "their labour at Newfoundland ; but always, what is "more important, the experience and knowledge "which they have gained from their employment in ^''the cod and seal fisheries.'' And he adds, "1 am "prepared to prove that, for the last fifteen years, "the great bulk of our fishermen, not less than fiom "forty to fifty thousand, have emigrated to America*." Beyond this point, even to the end of Mr. Morris's elabor4te production, we find not a single syllable in ^elucidation of this portentous prophecy. Parturit mons, nascilur ridiculus mus ! We are ignorant of the source from which Mr. Morris derived the information that has enabled him to prom, that forty or fifty thousand fishermen have cmio-rated to America in the course of a few short vears- and candidly confess that we are not prepared from any auihmiic records to prove the inaccuracy of his statement ; but we venture, without fear ot contradiction, to affirm, that if he attempted to prove the emigration of owe tenth of the number, withm the last twenty years, he would fail : but grantmg bun, iw way of argument, an emigration to the full extent Jf his assertion, it would prove nothing for the pomt • Note Q. mm he is labouring- to establish. As well might the sup- porters of the Corn Bill contend that the United King- dom would, at no very distant period, fall a victim at the feet of the ymimj and aspiring republic of America, because countless thousands have, in the last twenty jears, emigrated from her shores to North America : and yet, Great Britain has a constitutional oovernment, and England and Ireland at least, are «reat agricultural countries. Mr. iMorris, like many an ingenious advocate, over zealous in a weak caus€', adopts, without hesita- tion, arguments, however fanciful or extravagant, if he thinks they may by possibility serve his purpose, and contribute to obtain the darling object of his hopes— A House of Assembly, in which, of course, he and his friends are to have seats, and to vote and expend money, and make St. John's a little paradise, where they and their descendants, "the wise and the good*," with their "beloved Governor" of the day, and sur- i-ounded by Houris, uiay sit and enjoy celestial music, and call upon the poor industrious fisherman to pay the piper. In page 19, Mr. Morris sa}s, "Should they ven- "ture into the presence of our beloved Governor, who "their hopeful descendants have endeavoured to de- "fame and vilify." If any expression in the "View" should have been construed into an attempt to defame and vilify the Governor, the author would indeed feel extreme regret ; he trusts it is not in his disposition to defame or vilify any one, much less the constituted authorities of his country, towards whom he has never ♦ "Arguments," vaje 19. I ^■v, i ' s n 22 failed in respect An humble individual, he cannot of course boast the honour of any personal knowledge of Sir Thomas Cochrane, or of his public or private character; from the report of common fame, he believes him to be an honourable and intelligent man, sincerely disposed actively to promote the welfare of the inhabitants of Newfoundland; and, however he may differ from him in opinion, as to the means to be adopted for the purpose, he feels the most perfect respect for the motives by which he is influenced. Any observations, that may seem to bear allusion to the Governor, were never for a moment meant to apply to Aim; but they were intended to apply to such flatterers as Mr. Morris, and the writer in the Newfoundland Public Ledger, who "buzz and "flutter round the ears of great men^I^"," and sometimes succeed in urging them to measures, which, if left to their own unbiassed and more correct judgment, they would have avoided. From the rank in life that Mr. Morris is repre- sented to move in, the author would naturally have ex- pected the candor and amenity of manners that usually distinguish those who are accustomed to respectable society, and that his quotations would be made at least correctly and fairly ; a few instances will serve as specimens of Mr. Morris's candour. In page 20, he says, "he states, that the imper- "fect information of official men, whose transitory acquaintance with the place, acquired during their "limited periodical residences, does not qualify them "to take an enlarged view of the subject." • ♦'Arguments" page 99. t( <( (( 23 If the reader will take the trouble to turn to page 5, of the "View," he will find the passage really to be as follows : "The causes of this manifest want of "correct information on the subject, are to be traced to "the discordant testimony of parties, whose conflicting "interests have prompted them to give contradictory "views of the soil, climate, and local capabilities of the "island, and of the social, moral, and commercial relations of its inhabitants, as best suited their several purposes, either to support or oppose such measures "as have been recommended to, or deemed necessary "to be adopted by, His Majesty's Government ; and "the imperfect information of official men, whose "transitory acquaintance with the island, acquired "during their limited periodical residences, did not qualify them to take an enlarged view of the sub- ject." A satisfactory proof of the correctness of the former portion of the author's observations may be found in the lucubrations of Mr. Morris himself, whose purpose it did not suit to bring that part of the passage into notice, hoping perhaps by the omission to raise against the author the imputation of attempt- ing to "c?c/ame and vilify^^ official men: the insidious substitution of the words place and does,, instead of island and did^ would not be worthy notice, but to shew the spirit, in which the quotation was made. In page 21, Mr. Morris proceeds — "But before I "take further notice of his "Enlarged View," I will "just point out one statement of his, to shew how ex^ ^Hremely correct has been his information respecting Newfoundland, and which will prove how little faith (( a il If «( (C (( 4( C( u »'Iiis theoretical opinions are entitlecUo uhon lio be- »'trays such gross ignorance of fixcts.'' In page 15, he states that "An act was passed in 1792 by which power was given to the Governors, cwith'the advice of the Chief Justice, to institute 'Courts of CivilJurisdiction, &c., and that in this way 'the judicature of the island was conducted, until the year 1824;'* and triumphantly adds — "Now it 'happens that the act of 1792 was repealed by the "act of the 49th of the late King, under the authority "of which the country was governed till the promul- "gation of the act of 1824.'* Jyow it happens that the act of 1792 was not repealed by the act of the 49th of the late King, but had expired a few dav^ previous to the date of it; and it also happens that the country was not governed under the authority of that act, it being only an act to continue and establish Courts of Judicature. ^ „ The reader is again reqrested to refer to the ccView " and he will see that in the preceding page th- author had been concisely tracing the progress of the administration of justice, from the year 1750,^ and had, in page 15, brought it up to the passing of the act of the 33d Geo. 3, in the year 1792. And m the subsequent paragraph he adds-"By this last act empower was given to the Governor, with the advice of "the Chief Justice, to institute Courts of Civil Juris- ccdiction, to be called Surrogate Courts, in different "parts of ihe island, as occasion may require, with .'power to hear and determine, in a summary.y/ay. all "suits and complaints of a civil nature. And in thi^ 25 «^vay tlie judicature of the island was conducted until the year 1824, when an act, &c." Mr. Morris has contrived ingeniously, the author wishes he could say ingenuously, to advert to three distinct paragraphs in five short lines ; and endeavoured to give them the semhlance of consecutive narrative. The author having arrived at the period when the institution of courts of civil jurisdiction was sanc- tioned by act of Parliament, had completed the ob- ject he had in view, and had no occasion to notice the act of the forty ninth : and had forty nine acts of Parliament been passed between 1792 and 1824, he should not have noticed one of them, unless some change had been made in the mode of administering justice ; he therefore, adds, in the concluding distinct clause of the paragraph— "And in this way,"(that is, by surrogate courts, under the authority of an act of Parlia- ment,) 'the judicature of the island was conducted »'until the year 1824." If iMr. Morris can now make any thing of this discovery of the author's gross igno^ ranee of the existence of the act of the 49th Geo. 3, he is very welcome to all the advantages of it. The act of the 49th Geo. 3, ch. 27, was dated 30th March, 1809 ; the preamble recites, " Whereas "an act was made in the Thirty-third year of the reign "of his present Majesty, intituled An Act for establish- ''ing Courts of Judicature in the Island of New- 'foundland and the Islands adjacent; which by "several subsequent acts has been continued until the "Twentj-fifth day of March, one thousand eight "hundred and nine ; And whereas it is expedient that E if I J ! ) !i ^, 1P « .' 26 utbe provisions oftl.esaicl act should be amended, and> ^^thelike Courts of Judicature as ^ere therebv insti- -tuted, be established and made perpetual And by the second action it is enacted, "That it shall be law- -ful for the Governor of the Island of INewfoundland, -from time to time, to institute Courts of Civil Juns- -diction, to be called Surrogate Courts, in d.flrerent "parts of the Island of Newfoundland, and the Islands "aforesaid, as occasion shall require, with full power "and authority to hear and determine, iw the like sum- ^^mary imy. all suits and complaints of a civil nature, "arising within the Island of Newfoundland. The author of the "View" had, in page 19, ob- served, "that the surrogate courts, with all their im- "perfecticns, generally exercised their authority bene- "ficially for the people, and uere conducted cora- "paratively at a little expence ; and that a large majo- -rity of the c^ses which are brought into a court of "justice in Newfoundland, are of a imture that may be "best disposed of by a summary process, such as was "practised by these courts." Mr. Morris, in page 28 of the "Arguments," without fairly quoting the pas- «a-e which would not probably have suited his pur- pole', makes a very disingenuous allusion to it, and represents the author as "lamenting over the downtal "of that summary justice, under the authority of "which the poor inhabitants of Newfoundland were "plundered and oppressed for centuries :" and, after pourtraying, in sombre colours, the enormity of the oppressors, giving the rein to his imagination, he calls in the aid of "Indian savages,^' "wandering Arabs, ^r -'Persian satrap^;' and -Turkish bashaws," to lieighleii the picture. The cau(hd reader is again requested to turn to the "View," page 19, and to compare the passage alluded to widi Mr. Morris's version of it ; and then to form his own judgment, as to the degree of confi- dence that the opinions or assertions of a man are entitled to, who could deliberately be guilty of so gross a perversion. The author is as great an enemy to swmnary justice, In Mr. Morris's sense of it, as he is himself; has as great an abhorrence of Oppression, and as true a love of genuine rational liberty. If Mr. Morris sliovdd ever have the ill fortune to be entangled in any of the courts of hiw, either in Newfoundland or the mother country, he would probably become at least as strenuous an advocate for summarf/ proceed^ inns as the author is. * In a note, page 63, of the "Arguments," Mr. Morris asserts, that "it has been said by the author of »'the "Enlarged View," that it is only round St. John's, "the capital, that any thing like cultivation has taken "place." It has not been so said :— if the reader has patience, (and he is assured it shall not be further taxed), and will once more turn to the "View," page 11, he will find the author's words to be--"and "that, at the present moment, the only appearance of 'cultivation, which Newfoundland exhibits, should be 'confined to gardens and potato grounds, which the 'inhabitants have cleared near their residences, except at St. John's, and some other principal settli.^ (Ci cc. (d lb 3IEN1S. )} U»\*> 28 Numerous other instances might be pointed out of Mr. Morris's talent for perversion : but tlie author is tired of the subject, and presumes the reader is not less so ; he, therefore, leaves Mr. Morris to the solace of his own reflections upon the exposure of his fla- grant, gross, and wilful, misrepresentations : he is naturally averse to controversy, and has reluctantly entered upon these remarks ; but he trusts that he shall never he found wanting in courtesy to a candid adversary, nor ever shrink from an uncandid one. t V )t e I' is y le (I NOTES. Note A, page 5. The race of native Indians is now reduced to probably a few hundreds. It is a source of melancholy reilection, that the indige- nous inhabitants of a country, so peculiarly adapted to their habits, and suited to their subsistence, should have become almost extinct ; and that the few efforts made to open an intercourse with them, for the purpose of promoting and encouraging amongst them the arts of civilization, should have failed : but it is difficult to conceive, how the existence of this remnant of a once numerous savage people, is to prove the advantages of soil and climate for the purposes of cultivation ; the argument would equally apply to the Fins of Lapland, and the Esquimaux of the Arctic regions: neither is the existence of deer, and other wild animals, more conclusive. The Highlands of Scotland abound with deer, and the forests of Germany with bears and wolves ; but nobody ever dreamt that either would therefore become a great agricultural country. Note B, page 16. The disturbed state of society in Newfoundland, alluded to in p. 64 of the "Arguments," did not originate in the resident popu- lation of the island, but in the turbulent and very natural clamours for subsistence of distressed and starving strangers, brought out principally from Ireland, in passage vessels, generally crowded almost to suffocation, and exposed to filth and wretchedness that would disgrace a slave shipy and sometimes landed in a state of disease shocking to humanity, and productive of consequences so alarming and fatal, as ultimately to call for legislative If hi 30 I -,.,torfercnce. These miserable sufferers, left by their imi^orters, U* *eek a precarious eu.pWyment, >vhich, if obtained, end..! xv.th the fishing season, having no resources at the expiration ol it, broke out into acts of violence, which compelled the merchants lo shut the doors of their stores, and to guard them from outrage, as the only m^aus of preventing the waste and spoliation ot their property. Note C, page 17. The winter commenced early in December, and the fro&t ^yas intense and continual; the thermometer often standing at 15 degrees below Zero. Note D, page 18. it is probable that cultivation was attempted by some of the «arly settlers, under the first charter, but abandoned, in conse- quence of the insurmountable difficulties attending it, and its being found incompatible with the more profitable pursuits of the fishery. Note E, page 18. The erection of bridges, over the brooks in some of the bays and harbours, would no doubt be very benel.eial, and it would be desirable that the Grand Jury should have power to direct such, and other local improvements, at the expence of the district. Note F, page 19. Many more instances of Mr. Morris's -false reasonings" and incorrect assertions might be adduced ; but it is presumed that those already adverted to, will be sufficient to satisfy the candid reader. We may however, in addition to them, observe that in page 10, Mr. Morris, quoting from the Memorial of the Com- mittee, says, -The adventurers to the other colonies had the ™ mprovement M cultivation of the soil to lock to as the chief 31 "source of wealtli and commerce, and even if they wore snecest- •*ful enough to realise a sufficient sum to enable the m to Tetiiv, **theij could not carry awaij their imprnvcmerts along with *Hhcm ; the country teas at least so much bcnrfted by them:" Neither have the Newfoundland merchants who havt; been fmlu- nale enough t« be enabled to ret>re, carried away their improve- ments with them; at least such has not been the pr.ictice of the Poole merchants, scarcely an instance having occurred of any one of them having retired without leaving behind him a considerable capital to continue the trade that he had established ; there have been many instances of St. John's merchants luivinof retired, some of them to the United States, with the whole of their large for- tunes, realised in Newfoundland. In page 25, Mr. Morris says, **l shall just prove his un- "blushing effrontery in asserting that the naval Surrogate System *'was less expensive than the present ;" and accordingly, in page 26, he states the annual charges for the Chief Justice and Sttr- ro^ates as laid before the House of Commons, in February 1824, amounting to £1730. If the reader will refer to the estimates of the charge of defraying the civil establishment of the island of Newfoundland, for the year 1828, as voted in the present session of Parliament, he will find — Sidary of the Chief Justice £1200 three Assistant Judges at £700 p. ann. each, 2100 Attorney General 450- Clerk to the Supreme Court 400 Clerks to ;.ie District Courts 850 5000 <( not speaking of the expence of hired Vessels to convey them to **iheir respective districts*." To a common understanding it may appear that the author's assertion "that the naval Surrogate System was less expensive "than the present," is fully borne out by these statements, but Mr. Morris's is wo common understanding, he adroitly brings in the expenditure of the naval establishment for the island, amouut- * ."AigHmcnti»," page 26, 32 UM ing by his account to £72,000 per amiuin, uvA throwing- into the bargain a serious loss of ships and lives, charges the whole cost to the administration of justice by surrogate courts. The author will not charge Mr. Morris with unblushing effrontery ; but, he really thinks, this has a good deal the appearance of modest assu- rance. Mr. Morris again, in p. 28, obBerves— "I would just as **soon expect that thelnquiaition would be established at Newfound- "land, as theSurrogating System restored." The author is not such a visionary, as to have ever entertained an idea, that the administra- tion of justice, by Surrogate Courts^ would again be resorted to; he was aware that there were many and serious objections to them : but, in treating of the system of judicature, it was neces- sary to notice them ; and he did otter an opinion, that this form of judicial proceeding would, imder proper regulations, he per- haps the best adapted for a Jishery, and he still does entertain that opinion ; and he is much deceived and misinformed, if many highly respectable characters, both in this country and Newfound- land, do not agree with him, and regret that the summary mode of proceeding, practised in those courts, has been superseded Ly the more dilatory and expensive processes of District Courts. In page 46, Mr. Morris says, **I do not hesitate to state that an advantage has been conferred on the trade and fishery of not less than £200,000 per annum, by the liberty of importing pork, bread, flour, and other provisions, for the use of the fishery, from the Continent ;" but he has omitted to inform us which Continent he means, whether tlie old or the new ; and, in his illustrations, he has quoted the prices of provisions at New York, as well as at Dantzic and Hamburgh.— Mr. Morris seldom hesitates to state any thing that he thinks may serve his purpose. — We are, of course, ignorant of the ratio of profit that he is accustomed to take ; but if he has ever realised a share of £200,000 per annum, upon his proportion of the imports, it is not very moderate, as the following statement will prove. The aggregate importation of provisions into Newfoundland, for the year ending 31st Decem- ber, 1827, was, Bread, 169,296 Bags, Pork, 22,000 Barrels, Butter. 8000 Firkins. 33 Of flour there is no return ; and there seems to be sonie doubts whether it is not inclucUd in the quantity of Bread ; but, admit- ting the importation of that article to have been 70,000 barrels, it is evident that, upon any moderate scale, and the competition in the trade precludes an immoderate one, the profits, over and above what would have been derived from the same articles im- ported from this country, could not amount to one fourth part of the sunj stated by Mr. Morris ; and, when it is considered that the markets of Canada were open to us, and have been indeed largely resorted to (in the present year at least), it may be doubt- ed whether the intercourse 'vith the European Continent has been an advantage to the trade of one eighth of the sum stated. It is also to be remarked, that Mr. Morris, with his usual disingenuous- ness, has stated the price of pork at New York, where it was at 35s., while, at Dantzic and Hamburgh, it could not be pur- chased for less than 55s. per barrel*. In the same page (40), Mr. Morris, again quoting from the Committee, says, "It is well known, that the mercantile houses ♦'which accumulated all their capital in this trade, have, in prosper- *'ous times, ruade profits of from 20 to 30,000 pounds in one year." It may be asked, is it probable, that agricultural speculations will ever afford such profits? But, admitting the profits to have been large in prosperous iimeSf there has been a long suc- cession of adverse times, in which few of those engaged in the trade could boast of projits. Note G, page 20. This is not very intelligible — Are we to understand Mr. Morris to say, that for the last fifteen years the great bulk of our fishermen have annually emigrated. — Mr. Morris says, "that "in consequence of the difficulties in the way of making settlements "in Newfoundland, the fishermen, and other emigrants, in a short "time, direct their course to the United States." AVhat difficulties are in the way of making settlements ? What other emigrants * Tljese observations are not meant to disparage the giant of His j\Iaj<'s- iy'i Government : it was a bonus to the trade ; and the merchants enter- t^tJa a i' roper sense of it. u Ah'tct thfeir course to the United States ? Indeed if a critical examination of Mr. Morris's work was the object of these remarks, there would be found matter sufficient to put somewhat in jeopa:dy his literary fame, as a few instances may shew— In page 4, he dis- claims any intention of imposing upon the Right Honorable Gentle- man to whom he addresses his "Arguments," by "false reasomng," or *^fahe facts r -hi page 12, he says, "the people feel the •'blessings of an equal administration of the laws, andthehappi- "nesa of independence ;" but adds, that "they can only obtain "emancipation from bondage by claiming their rights." It must be presumed that the people aheady enjoj/, because ih,y feel the blesssiugs of an equal administration of the laws, and the happiness oi independence; and yet, it seems, they have to obtain emancipation from bondage// In page 19, he says, "Should they" (i.e. the ghosts of the fishing admirals J "venture into the presence "of our beloved Governor," however great their astonishment may be sapiwscd to be, at being ushered to such an interview, it may Tery naturally be presumed that His Excellency would not feel less astonishment at such a visit, and would be little desirous of pro- longing the audience. In page 20, we find, "As a proof that the present generation of Poole is worthy of their renowned sires." In page 64, we are told— far the best portion of the fisheries were ceded to them ; i. e. the French and Americans. Page 73 exhibits specimens of logic of rather a novel charac- ter :—" While men's minds are constituted as they are at present, •'and until they are changed by a fiat of the Deity, they will be "influenced by the passions that agitate them ; their interests and •'prejudices, and, I hope, a desire to promote the happiness of "mankind, will direct their conduct; so long as these various mo- ••tives govern the minds of men, so long will they come in collision; •'and there is, in my opinion, no remedy for the evil, in a general "sense, but for mankind to throw themselves at the feet of abso- •♦lute despotism, and submit, without murmur or complaint, to its •'capricious will." Human interests and prejudices, and a desire to promote the happiness of mankind, form a strange combination for practical use. Mr.Morris's proposition \s-Men's mindt will be influenced by the passions that agitate them, and their interests andprrjudiccsanda desire to promote the happiness of mankind If 35 will direct their conduct : but, as long as these various motives govern the minds of men, so long will they come in collision : ERGO, the only remedy for the evil, is for mankind to throw themselves at the feet of absolute despotism f ! ! The author's remarks on this part of Mr. Morris's "Arguments" are, however, offered with great diffidence, for he confesses he does not under- stand them. In page 74, which abounds with grammatical curiosities, wc are told, "There is no science so essential to the happiness of "mankind as the science of legislation, and none in which less ira- "provement has been made; but the rapid advances in every "other, has dragged along even that sluggish science :" and, again, "VVhether the establishment of local representative Governments "have been, an improvement." Mr.Morris adds, "I do not hesitate "to lay it down, as abroad proposition, that if the governors of His "Majesty's colonies of the present and former days, only evinced "the same desire and anxiety to do justice to the people under their "respective governments, as His Majesty's Ministers do to pro- "mote the interest and happiness of the people of their countries, "that those colonies which are now separated for ever from the "British crown, would form a component part of the :mpire, "and a murmur of complaint would not be heard from any of the "others." Mr. Morris, like Owen Glendower, can "call spirits "from the vasty deep;'* and, having conjured up the ghosts of the fishing Admirals, to introduce them to the Governor, he now invokes the maw