The Story of Newfoundland

LONIAL SYSTEM

less. Hence the English legislation throttling colonial manufacturers in the supposed interests of English merchants, and confining colonial trade to English channels. Hence the disregard, persistent and unashamed, of Adam Smith's immortal saying: "To prohibit a great people from making all that they can of every part of their own produce, or from employing their stock and industry in the way that they judge most advantageous to themsel

is a gross ... misrepresentation to describe the commercial policy of England as exceptionally tyrannical." In fact, the expense of protecting Newfoundland and America against French attacks was serious and constant. That the colonies owed contribution to that defence is clear, for it would be involved in any other view that an American enjoyed a natural right to be protected against France at the charges of a Londoner. In the face of all this the colonies were conspicuous

arly wrong in denying its legality. On the other hand, to persevere in

xtended for the colony's protection, and that the charges therefor were defrayed by the English taxpayer. Hence the view follow

Bonavista to Cape St. John on the east coast, and was extended from Point Riche to Cape Ray on the west. The whole subject of the French c

measure by their competition, the fishing of the French during the temporary exercise thereof which is granted to them upon the coasts of the island of Newfoundland, and that he would for that purpose cause the permanent sett

es and determine civil suits, including those relating to land, and to make arrest and attachment in civil suits discretionary and alternative. The jurisdiction of the Court was renewed annually, then triennially; and John Reeves, to whose history all writers on Newfoundland owe so much, was appointed the first Chief Justice; but he remained in the island only till 1792, when he was succeeded by ex-surgeons, collectors of customs, and merchants. In 1809 a perpetual Act was passed, which purported to abolish definitely the diverse and sporadic jurisdictions; but such is the force of old customs and practices that it was not till 1824 that the old Session Courts, Courts of Surrogates and of fishing-admirals were finally extinguished, and at the same time two assistant judges wer

whom they had tried to affect with sedition. "I may venture to say," the Governor writes home, "my speech was of much service." It was certainly of much vigour. "If I am to judge from your conduct," he said, "I must think that the majority of you are either villains or cowards. If the greater number of you are against your officers, ... I have a right to say that you are traitors.... If there are only a few bad men among you, which you pretend to be the case, I maintain that you are a set of dastardly cowards, for suffering yourselves to be bullied by a few villains, who wish for nothing better than to see us become the slaves of France.... You were all eager for news and newspapers to see how your great delegate, Parker"-the ringleader at the Nore-"was going on. I thank God I have the satisfaction to inform you that he is hanged..

ef, and he busied himself actively in the interests of religion. On the latter subject it is pleasant to note a spirit of growing breadth in the island. In particular, the loyal labours of the Roman Catholic Bishop O'Donnell opened up a new era of tolerance for his f

conquered territory was to be restored-so that St. Pierre and Miguelon were returned to France;

proposed to Lord Hobart the establishment of a legislative power in Newfoundland, similar to that which has been found necessary to the prosperity and good government of other parts of the British dominions. The suggestion was treated as premature, and probably was

thorizing him to grant leases of certain ships' rooms at St. John's then in public occupation. Following up in this way the useful work of Governor Gower (1804-1807), he used his leasing power to promote the building of warehouses and wharves. The idea that the inhabitants of St. John's had a right to make it habitable was slowly gaining ground. Duckworth was an able and far-seeing man, and his report on the condition of the is

ound in giving to the people, what they most ardently wish, a civil Governme

ared to be an indifferent and unnecessary despotism. So far as Newfoundland affairs were concerned they almost invariably adopted an ultra-conservative attitude, and

od of great prosperity to Newfoundland. Fish were plentiful,

s of Newfoundland. The privileges of Americans to fish in British waters were also enlarged. In favour of their own fishermen, both the French and American governments then established a system of bou

and foreign competition, aided by the bounties, hit the merchants hard, and in 1815 bankruptcy trod fast on the heels of bankruptcy. In the following winter actual starvation menaced the residents, and many owed their lives to the generosity a

ng and terrible wants. You then, with patriotic feeling, placed the company of the ship which you comma

The wooden houses and narrow streets of St. John's made resistance hopeless, when the flames had once gained a hold. It was estimated that the fire caused a

ally appointed to consider the situation of Newfoundland. The merchants, full as ever of vicious political economy, had two remedies to propose for the admitted distresses. One was the concession of bounties to place them on a level with French and American co

ickmore, Lord Bathurst had given

m that under which it had been usual previously to consider it, I am most desirious of receiving from you your opinion

onsisting of the Chief Justice, the two assistant Judges, and the Military Commander at St. John's. Under this Governor roads were for the first time laid out in the island. The irritation of the merchants at home was intense, and the name of Peter Ougier, a west country merchant, ought to go down to posterity. In his evidence before the committee, he protested with real emotion: "They are making roads in Newfoundland: next thing they will be having carriages and driving about." Sir Thomas Cochrane was regarded as the best Governor ever sent to Newfoundland. He was "the first real administrator and ruler of the colony. An eminently practical man, he not only organized impr

or St. John's, and Mr Justice Prowse has usefully noted that he was defeated. The fickleness and ingratitude of the people were never more dramatically illustrated. "He had been the pioneer of the new movement, had suffered in the people's cause, and yet the public, 'that many-headed monster thing-the mob,' were the first to cast aside their leader in the fight for Home Rule, and to give their votes and support to a new and untried man." It was said, however, that the defeat was due to an electioneering

s House of Assembly in Parliament assembled"; whereupon it was ordered forthwith to strike out the word "Parliament." The Legislative Council appears to have been the more cantankerous, and the less prone to compromise. At last matters reached an impasse, for the Council began to throw out Supply and Revenue Bills. In the first year of the Queen's reign, when Canada was already full of trouble, delegates from the Newfoundland House of Assembly arrived in London. Their mission was in the main successful. The Coun

ated the charge as proved, and demanded that he should apologize at the bar of the House. Kielly refused, adding that Kent was a liar and a coward. Then followed an interlude of comic opera. Kielly was committed, whereupon Mr Justice Lilly granted a writ of habeas corpus. This was not to be borne by the imperious Assembly, and th

of its inhabitants: but that it is highly doubtful whether the Crown could, if it wished, bestow upon such an Assembly an authority, such as that of committing for contempt, not incidental to it by law. "The House of A

y were elected for four years, and

rder: the sense of toleration and compromise was absent. Half of the population were Roman Catholics of Irish descent, in whom rankled memories of ancient wrongs; the other half were Protestants of English descent, long used to ascendency, who were headed by a wealthy commercial class. With the introduction of the new régim

TNO

infra,

ewfoundland," second edition (L

op. cit., p

bid.,

e, op. cit

2), Moore's Privy Council