THROUGH the
representations of Lord Vere Beauclerk, who was then the naval commander
on the American station, in 1728, Captain Henry Osborne, of Her
Majesty’s Ship “Squirrel,” was appointed the first civil governor of
Newfoundland. He has been represented as a man of distinguished ability.
After his retirement from the Government of Newfoundland, he received
the thanks of the House of Commons, and a pension of £1200 per annum
during his life.
Captain Osborne
appointed a sheriff and likewise authorised the captains of the ships of
war, then on the station, to hold surrogate courts for the decision of
civil causes. These judges were afterwards denominated floating
surrogates. Captain Osborne’s instructions, however, stated that he was
not to interfere with, and do nothing contrary to the statute of 10 and
11 William III., which conferred such arbitrary power on the fishing
admirals. The deputy-governorship of Placentia ever since it was taken
from the French, had been a separate command under the government of
Nova Scotia, but on the appointment of Governor Osborne, it was placed
under his jurisdiction.
Captain Osborne divided
the inhabited parts of the island into convenient districts, levied a
rate of half a quintal of fish on all boats and boats-rooms, for the
building of prisons, stocks, &c.; he also appointed justices of the
peace. The most important settlements of the island at this time were
Placentia, St. John’s, Carbonear, Bay of Bulls, St. Marys, Trepassy,
Ferryland, Bay de Verd, Old Perlican, Trinity Bay, and Bonavista.
The beneficial measures
sought to be carried out by Governor Osborne for the better government
of Newfoundland were frustrated by the obstinate conduct of the fishing
admirals, backed by false representations of the merchants in England.
In 1731, Captain
Clinton, of the Royal Navy, was appointed Governor of Newfoundland, who
made a report of the state of the island, in which he condemned the
proceedings of the fishing admirals.
Who the Governors of
Newfoundland were from 1731 to 1737 does not clearly appear.
In 1737, Captain
Vanbrugh was Governor. Owing to the great expense and difficulty of
taking persons to England for trial, it was now proposed to establish a
Court of Oyer and Terminer, for the trial of persons guilty of capital
crimes in the island. It is said, however, that the commission was
clogged with such restrictions as rendered it useless, until some years
afterwards.
In 1740, the Right Hon.
Lord George Graham was appointed Governor, who was succeeded in the
following year (1741) by the Hon. John Byng, whose squadron made
numerous captures of Spanish vessels, Spain being then at war with
England. In order to avoid the expense and risk of sending prizes to
England for adjudication, a Vice-Admiralty Court was established at St.
John’s, the first judge of which was William Keen, a merchant, who was
appointed naval officer, to collect the returns of the fishery, &c.
The next Governor was
Sir Charles Hardy, captain of H.M.S. “Jersey,” who assumed the
Government in 1744.
In 1749, Captain
(afterwards Lord) Rodney, of H.M.S. “Rainbow,” was Governor. In 1750,
Captain Francis William Drake was appointed Governor. During his
administration, felons were first brought to trial in the island instead
of being sent to England. The Court, however, could only sit during the
summer months, when the Governor was present.
In 1753, Captain Bonfoy
appears as Governor. It was in this year Lord Baltimore revived his
claim to the province of Avalon; but, in consequence of his having
neglected to hold possession so long a time, his claim was not allowed.
In 1755, Captain Dorril
was appointed Governor, who was succeeded in 1757 by Governor Edwards.
In 1760, Captain Webb
assumed the government. During this year an attempt was made by a Mr.
Scott and others to open an intercourse with the aborigines, or Red
Indians; but both he and his companions were treacherously murdered.
In 1761, Lord Graves
was Governor. So inconsiderable was the naval force on the station in
this year that, in order to protect the homeward-bound vessels, a brig
was equipped, with guns, at the merchants’ expense, and the command was
given to Lieut. John Neal. In consequence of the island being left in
this unprotected state, it was visited in the following year by a French
squadron, which arrived at Bay Bulls on the 24th June, and having landed
their troops proceeded overland to St. John’s, where they took the
garrison, of only sixty-three soldiers, together with the officers and
crew of H.M.S. “Grammont,” then lying in port. They inflicted every kind
of injury on the fishery and trade, and took Carbonear— which had
hitherto resisted all aggression—and the village of Trinity. At the time
this occurrence took place Governor Graves was in the “Antelope” engaged
as a convoy to a large fleet of merchantmen, a sloop, however, was
despatched to meet the Governor, who fell in with him on the Grand Bank
and communicated an account of the devastations of the French fleet. The
Governor, after adopting measures to secure his convoy, sent the sloop
to Ferryland with a party of marines to fortify the (Isle aux Bois) Isle
of Boys, and from thence to proceed to Halifax with despatches to
Admiral Lord Colville and Sir Jeffrey Amherst, the commanders of the
land and sea forces, whilst Governor Graves, in the “Antelope,” repaired
to Placentia.
He found the forts of
Placentia in ruins. Forts Frederick and Castle Hill, however, were
immediately repaired.
Immediately Lord
Colville was made acquainted with the state of affairs at Newfoundland,
he set sail for St. John’s. In the mean time Sir Jeffrey Amherst
directed his brother, Colonel Amherst, to collect troops from
Louisburgh, which he accordingly did, and joined the Admiral off St.
John’s on the 11th September, 1762, with eight hundred Highlanders and
some provincial infantry.
The French squadron,
under Monsieur de Temay, the Admiral, was lying within the harbour of
St. John’s at anchor, and a much superior force to the English.
Previous to the arrival
of Lord Colville from Halifax, Robert Carter, Esq., of Ferryland, and
Mr. Brooks, of Bay Bulls, had consulted together, and at their own
expense collected a number of bank-fishing or western boats, which they
cut down, and metamorphosed into very tolerable row-galleys. This
proceeding met the highest approbation of Lord Colville, who immediately
availed himself of the advantages afforded by these boats for coasting
along the surf-beaten shores. He manned them with natives, and embarked
in each as many of the military as they could convey, with provisions,
ammunition, &c., and appointed Mr. Carter commodore, and Mr. Brooks
captain of the little squadron, and under cover of the evening shades
despatched them to Torbay, where they arrived the ensuing morning. In
the mean time a feint was made of landing the body of the troops from
Lord Colville’s squadron at Quidi Yidi, when a sharp contest ensued. The
English fought up the precipice with desperation; but the numbers of the
French, and their superior advantage in situation, prevented the English
dislodging them from their position, on Signal Hill. Nevertheless, the
scheme was complete; the western-boat military, under command of Colonel
Amherst, effected a march through the forest and swamps from Torbay,
without having been observed, until they reached the rising and more
clear ground, about one mile from the French position. A rapid stream
flowed between the armies, and several skirmishes were fought during the
frequent attempts made by the English to cross this stream, which was
more than usually over-flown. In one of these conflicts Major McKenzie
was severely wounded. The English now advanced upon Signal Hill, the
strong position of the French, and in a short time drove the French from
their guns. The French, however, still occupied some strong forts in the
centre of the town, from which they were driven on the 17tli of
September, 17C2, and surrendered themselves prisoners of war. The French
fleet under the command of Admiral de Ternay, took no part in the
.engagement; having escaped under concealment of a canopy of a thickly
spreading fog put to sea, and the English fleet being driven off to sea
in a heavy gale of' wind, wore unable to pursue them. About twenty men
belonging to the English, besides Captain McDonald and Lieutenant
Schuyler, of the Royal Dragoons, were killed, and Captain Baillie
severely wounded. The French troops are said to have been some of tlie
finest men belonging to their army. In those days Robert Cartel', Esq.,
supported a garrison on a small island called the (Isle aux Bois) Isle
of Boys, situated near the entrance of the harbour of Ferryland, and
Charles Garland, Baa., a detachment of military on an island, at the
entrance of Carbonear. The services of these individuals were highly
appreciated by the Government. Their descendants are numerous, and are
among the most respectable inhabitants of Newfoundland.
In 1763, on the 10th of
February, the treaty of Paris was signed, by which France yielded to
Great Britain all pretentions to Nova Scotia, Canada, Cape Breton, and
all the North American Colonies, in return for which Great Britain,
confirmed the 13th article of the Treaty of Utrecht, which allowed the
French to take and cure fish on the Northern and Western coasts of
Newfoundland. The French were also permitted to fish in the Gulf of St.
Lawrence, within three leagues of the shore, and fifteen from those of
the Island of Cape Breton, whilst the small islands of St. Pierre and
Miquelon at Newfoundland were ceded in perpetuity to them, on condition
of not erecting any forts or fortifications thereon.
About this time the
coasts of Labrador, from the River St. John (opposite the Island of
Anticosti) to the entrance of Hudsons Straits, was annexed to the
Government of Newfoundland. The population at this period was upwards of
13,000, only about one-half of whom were constant residents. The number
of vessels employed by the English at this period was about 400 sail,
which carried great quantities of fish to Ireland. The quantity of cod
fish taken was 386,274 quintals; 694 tierces of salmon; and 1,598 tons
of cod-liver oil, besides furs to the amount of £2,000. In 1764,
Captain, afterwards Sir Hugh, Palliser, was appointed to administer the
Government of Newfoundland.
Captain Palliser is
said to have been one of the most enlightened and active of the Naval
Governors of Newfoundland. The rules and regulations which he made,
relative to the fishery, were afterwards passed into law. During 1764,
the Commissioners of Customs appointed a collector and comptroller at
Newfoundland, in the place of a naval officer who used to receive the
duties from the fishing admirals.
Newfoundland was now
regarded as something more than a mere fishing station. In 1765, the
navigation laws were extended to her, and she was declared one of His
Majesty’s “Plantations” or Colonies. These important changes were
strongly resisted by the merchants at home, and the adventurers in the
fisheries. During Captain Palliser’s administration Labrador was again
annexed to Canada. Sir Richard Bonnycastle says:—
“His government was
conducted with moderation and humanity, and although he had to deal with
a very intractable race, yet, by patiently investigating the abuses
which were as rife as ever, he succeeded in effecting much relief for
the poor fishermen, and in carrying through afterwards, by his advice,
the Act of George III, statute 15, cap. 31, 1775, commonly called ‘Sir
Hugh Palliser’s Act,’ which, while it assisted the British merchant in
his ship-fishery, enforced the payment of wages to the fisherman, and
provided a heavy penalty, hitherto wanting, to oblige the masters of
vessels to secure the return of the seamen to England. This was as ill
received as it was kindly meant; and, in Chief Justice Reeve’s day, the
merchants complained that such was its rigour towards them that it was
with the greatest difficulty they could carry on the fishery. It,
however, secured the right of British European subjects to the exclusive
privileges of drying fish in Newfoundland, and gave several bounties
encouraging the fishery ; it controlled the frequently atrocious conduct
of the masters of vessels towards their seamen id the payment of wages
in articles of supply instead of money; and gave the fishing sailors a
lien or prior claim on the fish and oil for their due payment,
empowering the Court of Session and Vice-Admiral tv with competent
jurisdiction.”
Sir Hugh Palliser was a
warm friend of the celebrated navigator Captain Cook, under whom he made
a survey of the coasts of Newfoundland. The following interesting
account of Captain Cook is given by Sir Richard Bonnycastle:—
Cook, the immortal
navigator, first entered the navy as a volunteer, in the "Eagle" of 60
guns, to which Captain Palliser was soon afterwards appointed, in
October, 1755. By his interest, and that of Cook’s friends, as well as
his own merits, he obtained a master’s warrant, on the 10th May, 1759,
or only four years after entering the navy as a common sailor. Palliser
was his steady friend, and Cook joining the fleet for Quebec in the
“Mercury,” was employed in reconnoitering by Admiral Saunders, at the
Captain’s recommendation, as well as in ranking a chart of the St.
Lawrence, which to this day is the best, although it is said that Cook
had never before used a peneil, and knew nothing of drawing. On the 2Znd
September, 1739, he was appointed by Lord ( oiville, as before
mentioned, master of the “Northumberland,” his flag-ship; and being at
Halifax during the winter, he applied himself to read Euclid and to the
study of astronomy, and all the other branches of science useful to a
seaman. He went with the Admiral, in September, 1762, in the expedition
to recapture Newfoundland from the French, and having shewn great
activity and diligence in surveying Placentia harbour and
fortifications, Captain Graves, then Governor of Newfoundland, was
struck with his sagacity, formed a friendship for him, and employed him
wherever the expedition went, in noticing the coast and navigation of
the seas there. In 1762, Cook went to England, but returned with his
patron, Captain Graves, who, as Governor, obtained with difficulty, an
order for the establishment of a naval survey of Newfoundland, and got
Cook appointed to carry it on. He surveyed St. Pierre and Miquelon,
previous to the surrender of those islands to the French. Cook again
returned home, and in 1764 Sir Hugh Palliser, his steady friend, having
been made Governor, he went out with him to continue the survey, having
received a commission as marine surveyor of Newfoundland and Labrador,
on the 18th of April, 1764, with the “Grenville” schooner to attend him.
In this arduous service he continued until the winter of 1767. His
surveys are the only existing ones, and he, moreover, explored the
interior in many directions, and laid down several large lakes. He also
observed an eclipse of the sun at one of the Burgeo islands, near Cape.
Hay, in latitude 47° 36' 19" north, on the 5th August, 1766. His
observation was sent to the Royal Society, and published in a short
paper in the 57th volume of the Philosophical Transactions; and the same
eclipse having been observed at Oxford, the longitude of that part was
well settled, and Cook first obtained the character of being an able
mathematician. Some of his survey marks still exist on that part of the
coast. His subsequent career is well known, but the above account
abridged from Kippis’ Life of Captain Cook, cannot fail to be
interesting to every Newfoundlander; and it is to be hoped that some
means will be taken to preserve the survey marks, on the southwest side
of the island, or at least the most prominent of them ; for
independently of Cook’s general fame, he has been the greatest friend to
Newfoundland that it ever had—his accurate chart of it, and its seas,
having made its importance very clear.”
In 1769, Governor
Palliser was succeeded by Captain the Hon. John Byron, so well known by
his voyages in the southern hemisphere under Lord Anson. Governor Byron
was the first to issue a proclamation for the protection of the native
savages—-the red Indians—among whom a war of extermination was carried
on by the furriers and others.
In 1772, Commodore
Molineaux, who was afterwards created Lord Shuldham, was appointed
Governor of Newfoundland. On his assumption of the government he
enforced the payment of customs duties, according to a scale sent to him
from England. The collection of customs at St. John’s was always
subordinate to the collectors of the Port of Boston, and as resistance
to taxation by the mother country first commenced at Boston, so St.
John’s loudly protested against the introduction of duties on the
fishery, which had always been free, hence the cause of Governor
Molineaux enforcing the payment of duties.
In 1774, on the 5th
September, the first congress of America passed a decree suspending all
importations from Great Britain, and discontinuing exports to her
possessions, unless their complaints were redressed. In 1775, the second
congress carried this decree into effect. Newfoundland was at this time
wholly dependent on the American colonies, now the United States, for
provisions which amounted annually to upwards of £300,000 sterling, or
$1,500,000.
“To meet the first
decree of Congress, the British Parliament passed an Act, 15 George
III., chap. 10, by which the revolted colonies were excluded from the
Newfoundland fisheries, and a supplementary one declaratory of
non-intercourse.”
An alarming
apprehension of want now prevailed, vessels were immediately despatched
to Ireland for provisions. Yet great privation and want was experienced
throughout the island, and to add to the distress, American privateers
appeared on the coast, and so well acquainted were they with the various
harbours and coves that not unfrequently they would run in and take
vessels while lying at the merchants’ wharves.
In the year 1775 one of
the heaviest storms ever known in Newfoundland took place. The sea
suddenly rose twenty feet above its usual height, causing the
destruction of hundreds of fishing boats and numbers of large vessels,
in which three hundred persons perished. The destruction of property on
the land was immense. Commodore Robert Duff was Governor during this
year, who was succeeded in 1776 by Rear-Admiral Montague, who was the
first Admiral who had been appointed Governor. During this year, by
order of the King, a proclamation was issued for the better protection
of the red Indians.
In 1777, by order of
the Government of France, all the French men-of war as well as
merchantmen left the island.
In 1778, a treaty, for
the mutual protection of each other was entered into between France and
the United States.
During the year
Governor Montague captured St. Pierre and Miquelon, and sent nearly
2,000 French, which he found residing there, to France.
In 1779, Rear-Admiral
Edwards assumed the Government of Newfoundland, and captured a number of
French and American privateers. He was succeeded in the government in
1782, by Vice-Admiral John Campbell, who had as his secretary, Mr. Aaron
Graham, whose abilities, it is said, were of essential service to the
country. Mr. Graham was afterwards a police magistrate of London. During
this year the English had the entire control of the fisheries and of the
island.
In 1783, the treaty of
peace permitted the citizens of the United States to fish on the former
footing, and permitted them also to cure and dry fish in the unsettled
harbours of Nova Scotia, the Magdalen Islands and Labrador. It was
agreed that France should renounce her right of fishing on that line of
coast lying between Cape Bonavista and Cape St. John ; as had been
allowed by the treaty of Utrecht; but from Cape St. John, situated on
the eastern side of the island, she was, after proceeding north, to
extend her privilege down the western shores as far as Cape Ray, instead
of Point Riche.
In 1784, the first
Roman Catholic Bishop, I)r. O’Donnell, arrived in Newfoundland. The
Right Reverend J. T. Mullock, D.D., Roman Catholic Bishop of St. John’s,
says:
“On the 24th of October
of that year, a proclamation was published pursuant to the instructions
of His Majesty, George III. to the Governor, Justices of the Peace, and
Magistrates of the Island, whereby liberty of conscience was allowed to
all persons in Newfoundland, and the free exercise of such modes of
religious worship as are not prohibited by law, provided people be
contented with a quiet and peaceable enjoyment of the same, without
giving offence or scandal to Government—thus Catholicity was permitted
and the days of open persecution were happily at an end. It may be
interesting, especially to Catholics, to know the state of the Church
here before that time—Protestantism being the established religion,
ministers were stationed in the principal settlements, but the few
priests in the island had no fixed abodes—they usually came out
disguised in the fishing vessels, seldom staid long, and had no regular
missions, as the surveillance of the local government was too strict. In
the same year of toleration, 1784, Dr. O’Donnell, the founder and father
of the Church of Newfoundland, landed in the island. Born in 1737, in
Tipperary, he spent a large portion of his life in the Irish Franciscan
Convent of Prague, in Bohemia ; afterwards, as superior of the
Franciscans, in Waterford, and subsequently Provincial of that order in
Ireland. He was the first regularly authorized mis-sioner in
Newfoundland after it became a purely British settlement, and no man
ever had British interests more at heart- -he mainly saved the Island to
the British crown when a mutiny broke out among the troops under the
command of Colonel Skerrett. By his influence among the Irish
population, he prevented the disaffection from spreading, and saved the
colony. If such a service had been performed in these days, by one of
the Dominant Church, his reward would be a peerage and a pension; to Dr.
O’Donnell, the British government granted not a peerage, but the
munificent pension of £75 or £50 (I am not sure which) per annum, for
his life; however, they acted consistently. Catholic loyalty is an
affair of conscience, and consequently he only gave to Caesar what was
due to Caesar. As long, however, as rewards are given by the nation to
those who do their duty, especially when that duty becomes, through
extraordinary circumstances, a great public benefit, so long will the
stinginess of the Government of that day to Dr. O’Donnell be condemned
by all right thinking men. Dr. O’Donnell was at first only Prefect
Apostolic, that is, a priest exercising Episcopal jurisdiction, and
generally having, like the Prefect Apostolic of St. Peter’s, the right
of giving confirmation, which as we see by the practice of the Greek
Catholic Church is not essentially an Episcopal Sacrament, if I may call
it so. The importance of the population now required direct Episcopal
superintendence. The sovereign pontiff, to whom is committed the care of
all the churches, saw that Newfoundland was destined to become the home
of a fixed population and the residence of a floating one. Accordingly,
in 1796, on the 5th day of January, the great pontiff, Pius VI., the
Confessor as well as Doctor of the Faith, appointed Dr O’Donnell, Vicar
Apostolic of Newfoundland, and Bishop of Thyatira, inpartibus, and he
was consecrated in Quebec, on the 21st September of the same year.”
In 1786, Rear-Admiral
Elliot was appointed governor. In this officer’s administration, very
important and beneficial changes were made in the Court of
Vice-Admiralty. The Act of 26 Geo. III., cap. 26, was also passed,
continuing the bounties on the fisheries for ten years. Admiral Mark
Milbank succeeded to the government in 1789, who established a court of
common pleas, which was followed by a court of criminal and civil
jurisdiction, and of which John Reeves, Esq., was appointed chief
justice, who was a man of extensive legal knowledge and great
acquirements— he rectified numerous abuses of the surrogate courts. In
1703, Mr. Reeves published the “History of the Government of
Newfoundland,” which revealed a mass of infamy and corruption.
During this period
Governor King administered the government, who was succeeded in 1794 by
Sir James Wallace.
In 1797, Vice-Admiral
Waldegrave was appointed governor, afterwards Lord Radstock, who exerted
himself in the cause of religion and the just administration of the
laws. In 1796, the French, commanded by Admiral Richery, with nine sail
of the line, and some other small vessels of war, burnt the town and
shipping of Bay Bulls. The following local occurrences are given by a
gentleman in St. John’s, who took part in the proceedings of the periods
referred to, and as the particulars narrated are not published in any
history of Newfoundland, we lay them before the reader.
1793. The commencement
of the revolutionary war with France gave rise to important changes in
the Government departments in all the colonies. The first movement in
North America was the taking of the Islands of St. Pierre and Miquelon
from the French, by a brigade from Halifax. The left wing of the Nova
Scotia Fencibles, a corps then forming chiefly from refugee soldiers,
who had settled in Nova Scotia after the first American War, were
ordered here to relieve the detachment of the 4th or King’s Own
Regiment, who were ordered to join their head quarters at St. Peter’s.
In the course of the summer, arrangements were made for forming three or
four volunteer companies, including one of Artillery. Three companies
were officered by the principal gentlemen of St. John’s, and soon filled
up by respectable tradesmen and fishermen of the town.
“During the first
American War, it had been thought expedient to erect redoubts on the
roads from the adjacent out-ports, vi?.: — Torbay Road, at Cox’s Marsh,
two redoubts mounting two 18 pounders carronades each, with a guard
house for a stationary gunner; and on the same road at Pipestock-hill,
about a mile from Torbay, three guns were mounted; and at the village of
Torbay, a battery of four long 6 pounders with a guardhouse and a
sergeant’s weekly command. Two or three guns were mounted on the rising
ground north-east end of Twenty-mile Pond, on the Portugal Cove road.
There were also a guard-house and battery at Hayes’s Farm, on the Petty-harbour
Road.
1794. “Estimates had
been prepared and approved of for repairing and improving the existing
defences, and plans had also been submitted to the Board of Ordnance for
fortifying Signal Hill, which having met the approbation of the
Honourable Board, preparations were entered into for that object
proportionate to the magnitude of the undertaking.
“Early this summer.
Colonel Skinner, Commanding Royal Engineer, received a letter of service
directing him to raise a Regiment of Fencible Infantry, to be called the
Royal Newfoundland Fencibles, of which he was appointed Colonel; and
having the appointment of his officers, selections were made here and at
the out-ports, of such gentlemen as were likely, from their loyalty,
responsibility and influence, soon to raise the quotas of men required
for their respective commissions.
“The recruiting service
commenced with great spirit about the latter end of September, at the
close of the fishery, and in two months more than half the number were
enlisted. An Adjutant, late a non-commissioned officer of the Royal
Artillery, a Quartermaster, and Sergeant-major, arrived from England.
1795. “It has been
stated that the Nova Scotia Regiment was chiefly formed of old refugee
soldiers from the American Army, many of whom were well disciplined
non-commissioned officers, and were of great service in drilling and
forming the young recruits of the Royal Newfoundland Regiment; and it
was astonishing how soon the latter became fit for duty; when this
service was performed the Nova Scotia Regiment were ordered to return to
Halifax.
“In the mean time some
buildings were erected at Signal Hill, and the first block-house
commenced.
“There being no
carriage road to Signal Hill, all the guns required for the Hill were
taken by men of the garrison, and parbuckled up the face of the rook, at
Crow’s Nest, and thence to the respective batteries; a most laborious
and dangerous service.
“Preparations for the
more effectual defence of the Narrows were also going on, in the
formation of three turn aces for heating shot, viz.: at Fort Frederick,
Chain Rock, and Fort William.
“A large naval force
from different stations met here that summer, consisting of the
“Monarch,” 74, the Governor's ship; the “Ramilies,” 74; the “Adamant,”
and another 50 ; four frigates, and three sloops of war, ah in the
harbour at the same time.
1796. “The levy of the
Royal Newfoundland Regiment had been completed the preceding fall; and
it was found that the barracks at Forts Townsend and William were
insufficient to contain so many men ; it was therefore ordered that the
garrison should go under canvas for a few months while the old barracks
were being repaired and cleansed, and some of the new barracks at Signal
Hill finished, and also for the greater facility of practising the
officers and men of that young regiment in the indispensable tactics and
operations of the field. A camp was accordingly formed on the general
parade ground, with a small park of artillery, of which the troops toot
possession about the middle of June. The ’mproved defences of the
Narrows being finished, some experiments were tried with heated shot
before His Excellency Admiral Sir James Wallace, the Governor, which
gave general satisfaction. A large platform of wood was built on South
Point called the Duke of York’s Battery, on which were mounted eight
24-pounder guns, three or four 18-pounder carronades, and two 10-incli
mortars. The Blockhouse was so forward as to admit six guns to be
mounted on the second floor. The regiment by this time—the latter part
of August—was approaching fast to systematic regularity and discipline,
and of approved internal economy.
“Such being the state
of the garrison and fortifications, together with the efficiency of the
volunteer companies, a fine set of men, particularly the company of
volunteer artillery, selected from among the flower of the inhabitants
of St. John’s—as well as the undoubted loyalty of the inhabitants—a wish
seemed to be inspired, that something might happen to test the fidelity
of the whole. If such was the case, it was not long before that wish was
realized, for early in the morning of the first day of September, the
signal was made for an enemy’s fleet to the southward, which proved to
be that of the French Admiral Richery, consisting of seven sail of the
line, two frigates, and some other small vessels of war. The signal of
alarm and defiance was instantly made at Signal Hill and all the forts.
There was only the Governor’s ship and one frigate in port.
“His Excellency Admiral
Sir James Wallace, a governor of warlike celebrity, immediately
proclaimed martial law, and ordered all the men in the town fit for
service—merchants with their domestic and wharf establishments, captains
of vessels with their crews, planters, with their fishermen and shoremen
—to muster in front of the camp, where they were enrolled and told off
to the forts and batteries, and were not to be dismissed until the
governor’s pleasure was known. The enemy stood off and on, near Cape
Spear, all that day; and during the night the road was opened from
Maggotty Cove Bridge through the inclosures leading to Signal Hill, by
direction of the governor, in order to expedite the transport of
ammunition, stores and provisions to Signal Hill, as well as the camp
equipage, which had been struck in the evening; and by daylight on the
morning of the second, the tents were all pitched on the summit of the
hill, from Duke of York’s Battery to Cuckold’s Head, and also on the
south side hill, over Fort Amherst. This warlike demonstration, with the
display of three or four thousand men on the hill, must have had a very
intimidating effect on Monsieur, when viewed from sea. This day passed
off, under something like a passive hesitation on the part of the enemy;
a great deal of telegraphing and boat communication took place with the
flag-ship, and towards evening the fleet stood a little further off to
sea. Reconnoitering parties were out along shore, north and south, day
and night, in anticipation of a landing being effected.
“A great many seamen
were employed that day in raising the chain across the narrows ; the
great capstan at the south side being assisted by three schooners placed
at equal distances from Chain Rock, and by grappling the chain with
their anchors, and heaving altogether, they raised it to the surface of
the water; these vessels were also charged with combustibles, and were
intended to be used as fire-ships on the enemy coming in contact with
the chain. The flag-ship and the frigate were also placed at enfilading
distance in the harbour to give them a warm reception on entering the
Narrows.
“On the first
appearance of the enemy, the shot furnaces were kindled ; it was found
difficult, however, to preserve the proper degree of heat, and to
prevent fusion, which happened to some of the shot. On the third the
enemy formed a line and stood in for the Narrows, when it was expected
their intention was to attempt a landing. They stood on till the van
ship was near the extreme range of the guns at Fort Amherst, when she
and all of them put about and stood off to sea. They remained in sight
for several days, and at last bore away to the southward, and arrived at
Bay Bulls, where they landed; and to consummate their dastardly conduct,
they drove the poor defenceless inhabitants to the woods—
“Burnt their stores and
houses,
Took their fish and oil,
The hard-earned produce
Of their yearly toil."
“Thus terminated the
great excitement occasioned by the appearance of so formidable a French
armament.
“The detachments at the
respective posts were continued till it was ascertained that the French
fleet had entirely left the coast.
“During the alarm,
there was only one old man or a small boy allowed on each merchant’s
wharf, vessel or fishing room ; all the rest were stationed at the forts
and batteries.
“A large proportion of
civilians were stationed at Signal Hill, where they performed a vast
deal of labour—the volunteer companies with their officers setting the
emulative example —in dragging guns, mortars and carriages, provisions
and stores of all kinds, through the recently opened and very rugged
road to the hill.
“The order for
embodying the inhabitants being now reversed, they returned to their
respective avocations, under the publicly-marked approbation of the
governor, for their regularity, devoted loyalty, and attention to
military discipline, under the privations to which they were subjected
during the emergency.”
In 1795, the quantity
of cod fish taken was, 600,000 quintals, 4,900 seals, besides a great
quantity of salmon, &c.—the whole amounting to about one million and a
half pounds sterling, or six million dollars.
During the
administration of Admiral Waldgerave, Richard Routh, Esq., presided as
Judge of the Supreme Court.
Governor Pole held the
reins of government in 1800, and was succeeded, in 1802, by Admiral Lord
Gambier, who encouraged the education of the people, and promoted the
general interests of the country. In this year the treaty of Amiens was
signed, by which the French were reinstated in their possession of St.
Pierre and Miquelon, and in their concurrent rights of the fishery.
During the rule of
Admiral Gambier, a red Indian female was taken and brought to St.
John’s.
In 1804, Admiral Sir
Erasmus Gower was appointed governor, in whose administration
Sunday-schools were established, and the Benevolent Irish Society formed
for the relief of the poor. Admiral Holloway assumed the government in
1807. In his time a Volunteer Militia was formed, and the first post
office established, but no packet or regular mail communication. The
Court of Judicature, which had hitherto been merely the subject of
experiment, was made perpetual by an Act of Parliament in 1809. The
coast of Labrador, which for some time previously had been separated
from the government of Newfoundland, was re-annexed to it; and an
ineffectual attempt was also made, under the direction of Lieutenant
Spratt, R.N., to open an intercourse with the Indians.
In 1807, the first
newspaper was printed in Newfoundland.
In 1810, Vice-Admiral
Sir John Thomas Duckworth assumed the government, who visited various
parts of the island, and issued a proclamation for the protection of the
red Indians. He also sent a small armed schooner, under the command of
Lieutenant Buchan, R.N., to the Bay of Exploits, to open a friendly
intercourse with the Indians, which, however, terminated very
disastrously. Two marines had been left at an Indian encampment as a
guard, while Lieutenant Buchan proceeded in search for another
encampment. On his return, however, he found his two marines
decapitated, and that the whole of the savages had decamped. In 1811, an
Act authorizing the holding of Surrogate Courts on the Labrador was
passed by the British Parliament; several important changes were made in
the letting of ship’s rooms, and the streets of St John’s were greatly
improved. A reward was also offered of one hundred pounds to any person
who should bring about a friendly understanding with the red Indians.
In 1812, war was
declared by the United States of America against Great Britain, on the
17th of June, which produced much excitement and alarm in Newfoundland.
During the summer the small-pox prevailed in St. John’s. The North
American fleet shortly after arrived at St. John’s, consisting of three
sail of the line, twenty-one frigates, and 37 sloops, brigs, and
schooners of war.
In 1813, Vice-Admiral
Sir Richard Goodv in Keates was appointed governor. Owing to the wars,
the fisheries were left at this period almost exclusively in the hands
of the British, who had few competitors in the markets abroad; this,
together with the circulation of money arising from the naval and
military establishments, as well as from the prizes brought into St.
John’s, from time to time, produced an unexampled degree of prosperity.
In 1814, one million
two hundred thousand quintals of codfish were exported, valued at the
enormous price of £2 per quintal; twenty thousand quintals of core-fish
in barrels; six thousand tons of cod or train oil, at £32 per ton; one
hundred and fifty-six thousand seal skins, at five shillings each; four
thousand six hundred and sixty-six tons of seal oil, at £36 per ton ;
besides salmon, mackerel, furs and berries, to the amount of £10,000 ;
the whole amounting to no less a sum than two million, eight hundred and
twenty-eight thousand, nine hundred and seventy-six pounds, or eleven
million, one hundred and forty-four thousand dollars. Provisions at this
time were at an enormous price. Biscuit sold at £6 or $30 per cwt.;
flour at £8 or $40 per barrel; pork at £12 or $60 per barrel; butter at
3 shillings or 75 cents per lb.; salt £2 or $10 per hogshead, and shop
goods in proportion.
At this period the
wages of fishermen were, for a common hand £70 or $350 for the season,
commencing the beginning of June and ending about the last of October;
and for a prime hand or “splitter” £140 or $700.
In the same year, on
the 17th June, the Treaty of Paris was concluded, when a general
depression and fall in the value of the produce of the fisheries
immediately took place throughout the Island, attended with a number of
mercantile failures.
In 1817, Vice-Admiral
Pickmore assumed the government. During his administration, two
destructive fires occurred in St. John’s and destroyed property to a
great amount (for further account of which, see district of St. John.)
The winter of 1818 is
said to have been the coldest ever experienced in Newfoundland, in the
midst of which Governor Pickmore died. He was the first governor who had
ever remained on the island during the winter season. His remains were
placed for some time in a vault of the church, and subsequently carried
to England in His Majesty’s ship “Fly.” The temporary management of
affairs was assumed by Captain Bowker, of H. M. S. “Sir Francis Drake.”
In 1818, Vice-Admiral Sir Charles Hamilton was appointed governor, who
was the first governor who permanently resided in the island. During
this period the fisheries were very successful, and a purer
administration of justice prevailed; at this time Francis Forbes, Esq.,
afterwards Sir Francis, an English barrister, was Chief Justice, who was
put into office on the 4th of August, 1816, which he filled for six
years. His talents as a judge are said to have been of a superior order.
Mr. Morris says :—
“No sooner did he take
his place upon the bench of the Supreme Court, than the old despotic
system, as if by magic, vanished before him. When it was attempted to
make the rules, orders and proclamations have the force of laws; when
tomes of them were heaped on the table of the court, to the utter
discomfiture of the advocates of the monopolists, he said he viewed them
in no other light than as bundles of waste paper, which could not have
the slightest authority with the court. For the first time the people of
Newfoundland discovered the whole system, under which they had so long
been governed, to be a despotic usurpation of power, equally opposed to
law as to their inherent rights and privileges of British subjects. From
this time, it may be said, the English code succeeded the mercantile
code—the reign of the monopolist was no more.”
In 1819, an Indian
female was captured by an armed party in the month of March, and taken
to St. John’s, where she was kindly treated by Lady Hamilton and others.
She was afterwards sent back with presents to her tribe, but she died
before she reached them. At this time the laws were administered in the
out-posts of the island, by resident and floating surrogate courts, from
which parties could appeal to the supreme court in St. John’s, if the
suit exceeded £40. The magistrates also held courts of session, which
had jurisdiction in cases not exceeding forty shillings, and in cases of
assault.
Sir Richard Bonnycastle,
and Mr. McGregor observes, there has been no instance of a British
colony so inadequately provided for, in the administration of its
internal affairs, as Newfoundland. Always regarded as a mere fishing
station, the energies of its population were also thus always checked,
and the interest, the obvious and actually necessary interest, of the
merchant adventurers in the fishery was, to keep as much as possible in
their own lands, and, as in the case of India, governed by a mercantile
body, to exclude competition from without or within.
In 1822, Mr. Forbes
resigned the Chief Justiceship of Newfoundland, and was succeeded in the
office by Richard Alexander Tucker, Esquire, afterwards Registrar of
Upper Canada, where he died in 1873.
In 1824, in consequence
of the partial and corrupt administration of justice in the surrogate
courts having been represented to the Home Government, an Act was passed
by the Imperial Parliament “for the better Administration of Justice in
Newfoundland,” when most important and beneficial changes took place.
In 1825, Captain
(afterwards Admiral) Sir Thomas Cochrane assumed the civil government of
the island.
In 1826, on the 2nd of
January, a Royal Charter; granted by the king, under authority of an Act
of Parliament, was promulgated: The Surrogate Courts were now abolished,
and the charter provided that the Supreme Court should be held by a
Chief Judge and two assistant Judges; that the island should be divided
into three circuits—northern, central, and southern; that at each of
these three separate circuit courts, one or other of the three judges
should preside; that the Supreme Court should admit a sufficient number
of qualified attorneys and solicitors to practise in the several courts,
and to grant letters of administration and probates of wills. The salary
of the Chief Justice was to be twelve hundred pounds sterling per annum,
and that of the two assistant judges, seven hundred each. It also
provided that the Governor should annually appoint a high sheriff, who
was to enter into recognizances of £5,000, with two securities of £2,000
each, for the due performance of his duties ; and that in causes
exceeding £500 sterling, appeals might be made from the Supreme Court to
the King in Council.
The first two assistant
judges appointed to act in conjunction with Chief Justice Tucker were
John William Molloy, Esq., and Augustus Wallet des Barres, Esq. Mr. Mo
Write in a short time was removed from office, and succeeded by Edward
Brabazon Brenton, Esq., at whose decease in 1845, George Lilley, Esq.,
was appointed to fill the office, and on the death of Mr. Lilley in
1847, James Simms, Esq., the late attorney-general, was appointed, when
Edward M. Archibald, Esq., was appointed attorney-general, now British
consul in New York City. Mr. Des Barres held the office of judge from
the granting of the charter to 1858, when, under the responsible system
of government, the Parliament of Newfoundland pensioned off Messrs. Des
Barres and Simms, and appointed Bryan Robinson, Esq., a member of the
Irish bar, and long a leading practitioner at the bar of the island, and
Philip F. Lilley, Esq., late attorney-general of Newfoundland, in their
place as assistant judges of the Supreme Court. Mr. Lilley was the first
member of the Newfoundland bar elevated to the bench.
The population at this
time (1826) is said to have been about 55,000.
In 1827, a “Boesthic
Society” was formed in St. John’s, having for its object the
civilization of the red Indians. W. E. Cormack, Esq., the president of
the society, travelled through the interior of the country, but without
meeting with a single Indian. (See “Red Indians,” in another part of
this volume.)
Sir Thomas Cochrane was
the first naval officer, holding the appointment of governor, detached
from the command of the squadron on the station. He was assisted by an
executive council, composed of the judges, the commandant of the
garrison, and the collector of the customs. Sir Thomas was very fond of
show, his aides-de-camp were called colonels of militia, although no
militia existed in the island.
Governor Cochrane,
however, was an intelligent and enterprising man, and promoted the
interests of the country by encouraging agriculture, opening roads, and
the erection of public buildings.
In 1827, Sir Thomas
Cochrane visited England, and during his absence the temporary
administration of the Government devolved on Chief Justice Tucker.
During this year, James Crowdy, Esq., was appointed Secretary of the
colony. Arthur H. Brooking, Esq., was Collector of H.M. Customs.
In 1828, the building
of Government House commenced, and a road opened from St. John’s to
Portugal Cove.
In 1829, the true
position of the Virgin Rocks was ascertained by one of His Majesty’s
ships. These dangerous shoals are situate on the western edge of the
Grand Bank, 18 leagues S.E. by E. from Cape Race, in lat. 46° 26' 15"
north; long. 50° 56' 35" west.
In 1830, several
benevolent societies were formed, called “Fishermen’s and Shoremen’s
Associations,” and “Mechanics’ Societies.”
In 1831, Governor
Cochrane again went to England. During this year, numerous petitions
were presented to His Majesty’s Government for constituting a permanent
colony by the establishment of a local legislature. These petitions,
however, were strongly opposed by the merchants in England connected
with the Newfoundland trade.
In 1832, a
Representative Assembly was granted by His Majesty William IV., and, at
the same time, Governor Cochrane obtained a new commission, by which he
was invested with enlarged authority. It empowered him to convoke a
Colonial Parliament, to create a Legislative and Executive Council,
composed of seven persons, any of whom he could suspend from acting if
he found just cause for so doing. He was authorized to divide the island
into nine districts, townships, or counties; to negative any bill which
the Assembly should pass contrary to his will, and to adjourn, prorogue,
or dissolve the same.
The House of Assembly
consisted of fifteen members, the qualification for which was: All
persons of the full age of twenty-one years, being of sound
understanding, natural-born subjects, or lawfully naturalized—never
having been convicted of any infamous crime, and having, for two years
next immediately preceding the day of election, occupied, as owner or
tenant, a dwelling-house within the island. The electors were the whole
male population of twenty-one years of age, occupying a dwelling-house,
either as owner or tenant for one year only.
In 1833, on New Year’s
Day, the first session of the Colonial Parliament was opened by Sir
Thomas Cochrane, when some beneficial laws were enacted, shortly after
which Chief-Justice Tucker resigned, in consequence of a
misunderstanding between the House of Assembly and the Legislative
Council, of which Mr. Tucker was president. On the subject of taxation,
Mr. Tucker contended that the trade and state of the country in general
was not able to sustain a revenue. The Revenue Bill, however, passed in
the House of Assembly, but, in accordance with the President’s views,
was rejected in the Council. The General Assembly was adjourned, and the
matter was referred to the Secretary of State, who overruled the
objection of the Council. Mr. Tucker was succeeded in the office of
Chief Justice by Henry John Boulton, Esq., late Attorney-General of
Upper Canada.
During this year,
Newman W. Hoyles, Esq., was appointed Treasurer of the colony, at whose
decease, in 1837, Patrick Morris, Esq., succeeded to the office, and on
the death of Mr. Morris, in 1849, Robert Carter, Esq., R.N., was
appointed, who continued to hold office until the introduction of
Responsible Government, when he was superseded by the then
Receiver-General, the Hon. Thos. Glen.
In 1834, Captain,
afterwards Admiral, Henry Prescott, arrived on the 1st of November, and
assumed the Government. Sir Thomas Cochrane and family departed for
England on the 11th of the same month. The Treasury at this period was
completely empty, and one of the first measures of the new governor was
to issue Treasury notes to the amount of £5,600, in accordance with the
provisions of an Act passed in the previous Session of the Legislature.
The imports of
Newfoundland this year amounted to £618,757 = $3,093,785, and the
exports to£826,659 = $4,133,295, leaving a balance in favour of the
colony of £207,902, or $1,039,510. During this year, 828 British and 20
American and Spanish ships arrived, besides which about 700 schooners
were employed in the fisheries, of which 358 were engaged in the seal
fishery. The number of vessels employed at the Bank fishery this year,
was estimated at about 20, where formerly no less than 700 vessels were
engaged. The population now had amounted to about 70,000. There were at
this time seven newspapers published in the island—five in St. Johns,
and two in Conception Bay.
In 1834, the Criminal
Calendar exhibited a great amount of crime, four persons were convicted
of murder, and executed.
In 1835, in the sixth
Session of the Local Legislature, an Act was passed imposing an import
duty of two and a-half per cent, on certain goods, wares, and
merchandize, which the following year left a surplus fund in the
Treasury.
During this year the
freedom of the press was attempted to be put down by personal violence.
Mr. Winton, editor of the Public Ledger, (the leading newspaper
published in St. John’s) denounced the Roman Catholic Clergy (whom he
conceived to have unjustly and unnecessarily interfered in the election
of members to the House of Assembly), was waylaid by several persons
masked, and in the open day, on the road between Carbonear and Harbour
Grace, was torn from his horse, beaten in a most brutal manner, and left
bleeding on the road side with both ears cut off. The perpetrators of
this crime have never been discovered, although a reward of £1,500 or
$6,000 was offered for their detection and conviction.
In 1836 an Act was
passed limiting the future duration of the House of Assembly to four
years. About this period appears to have been the greatest political
trouble in Newfoundland. The poor people had not a vestige of liberty,
and were the merest tools and slaves of party. The merchants on the one
hand threatened them with the refusal of supplies necessary for the
support of their families, if they refused to vote for their (the
merchants') candidate for the House of Assembly. On the other hand the
Roman Catholic clergy held over their heads the thunder of
excommunication, if they refused to vote for the candidate of the
clergy; hence political strife prevailed to an alarming extent between
Protestants and Catholics— the population of the island being about half
and half of the two denominations. The Protestants were called the
Conservatives, and the Catholics the Liberals. Each party had their
choice men, ar.(l the people voted blindly. Not one man in a hundred had
any thing to do directly or indirectly in selecting the candidate whom
he hail assisted in electing.
About this time Chief
Justice Boulton made a speech, at a public dinner, which gave great
offence to the Roman Catholics. He afterwards altered the scale of jury
fees, and the mode of striking juries, also the old acknowledged claim
of the fisherman’s lien for the payment of his wages upon the proceeds
of the voyage; for these and similar acts he was strongly denounced by
the Roman I Jatholie press. Mr. Boulton, very injudiciously, descended
from the bench and pleaded his own cause before two judges of the Court
of which he was Chief Judge, against libels upon his own public conduct.
Petitions from the
Roman Catholics were forwarded to the Home Government, praying for his
removal; and lie was charged by the House of Assembly before Her
Majestv’s Privy Council with being a political partizan and a perverter
of the administration of justice. Dr. Lushington was employed as counsel
by the House of Assembly, and Mr. Burge by Chief Justice Boulton. The
Privy Council exonerated Mr. Boulton from all charges of corruption in
the exercise of his judicial functions, but recommended his removal from
office, which was confirmed by the Queen on the 5th July, 1838.
The Rev. Dr. Dixon,
late President of the Methodist Conference in England, during his visit
to Canada in 1848 says:
“On board the steamer
we met Chief Justice Robinson and Mr. Boulton, late Chief Justice of
Newfoundland, now a resident in Toronto, and one of the members of the
House of Assembly. These gentlemen belonged to different grades in
politics, Mr. Robinson being at the head of the Conservatives and the
leading member of the late Government; whilst Mr. Boulton belongs to the
Liberals, and supports the present party in power. They were going on
circuit, the one as a judge and the other as counsel. We found them very
agreeable men. Mr. Boulton, whom I met again on board the “America” on
my return to this country, complained much of the treatment he had met
with in connection with his office of Chief Justice of Newfoundland.”
About two years
previous to his death, Mr. Boulton also complained to the writer of the
bad treatment he received from the Home Government, and particularly by
Admiral Prescott, the then Governor.
In 1838, John Gervase
Hutchinson Bourne, Esq., Fellow of Magdalen College, Oxford, arrived in
Newfoundland as the successor to Mr. Boulton in the Chief Justiceship of
the island.
In about two years the
Legislature voted £35,000 or $175,000 for making roads and bridges, and
agriculture began to be pursued much more extensively. Schools were also
established in various parts of the island.
A writer in the English
Metropolitan Magazine, for 1839, thus describes the state of
Newfoundland at this period:—
“I am now come to an
important epoch in the history of Newfoundland, and one fruitful of
troubles. The Chief Justice had by this time become the idol of one
party, and the abhorred of the other. By the wealthier merchants and
gentry he was adored, and looked upon as their only stay; while by the
Catholic, or liberal party, he was considered a tyrant and oppressor. He
unfortunately promoted these opposite opinions by attending public
meetings, and making' party speeches; and, instead of contenting himself
with firmly and temperately resisting aggression, he seemed to court
occasions of contention. He made abrupt alterations wherever he had the
power to do so, and while his law' was probably correct, his conduct in
other respects was by no means worthy of admiration. Between the
Governor and him there was understood to be no similarity of sentiment,
although there was no open quarrel.
“Writs for a new
election were immediately issued, and the legislature was appointed to
meet in January. The Catholic portion of the population was openly
excited, and indeed compelled by the priesthood, to vote for candidates
of their nomination, and the Conservative party were very generally
defeated. Serious riots took place in Harbour Grace, and similar
excesses were prevented in St. John’s, only by the presence of the
military.
“Respecting these
riots, some magistrates having made representations, the Governor laid
them before the Council These representations occasioned the production
to the board of a returned writ; and the Chief Justice perceiving it to
be unsealed, immediately pronounst it to be invalid. The
attorney-general, the only other legal member, coinciding with him in
that opinion, the matter was referred to the Secretary of State, and the
meeting of the legislature was further prorogued. The Secretary of State
admitted the objection, and directed a new election ; a measure greatly
to be regretted, as. on the question being subsequently submitted for
the opinion of the law officers of the crown, the original elections
were declared to be perfectly legal.
“So novel a
circumstance as that of a double election was allowed to pass neither
unnoticed nor uncensured by the Liberals. They affected to represent it
as a trick for their over throw, although nothing could be more palpable
than the impossibility of the executive’s influencing the returns, had
it even been disposed to make the attempt. The Conservatives now
abandoned the field altogether. Consequently no disturbance occurred in
any district, and the session was opened on the 3rd of July.
“The composition of the
House of Assembly was much inferior to that of the former; the new
members being in general of a low, and some of them of the very lowest,
grade of society. Previously existing passions had been lately still
further inflamed by a variety of prosecutions connected with the
original election proceedings, and principally consequent upon
presentments by the grand jury. The sentences upon those convicted of
riot or assault were by the Home Government deemed severe, and, upon
petition, in a great degree remitted.
“The first act of the
House was to displace the officers appointed to it by the Crown, and
their proceedings, generally, throughout the session, were of a
corresponding character, being violent and personal, having for their
object the gratification of the friends and the injury of the opponents
of the dominant party. There was throughout a contest between the
Council and the House of Assembly, maintained on both sides with much
heat; and at length the prorogation took place, without any
appropriation of money for the services of the year, the Bill passed by
the Assembly having been rejected by the Council. A delegation of three
members of the House of Assembly proceeded to England for the purpose of
making a statement of supposed grievances, and of instituting charges
against the Chief Justice. These last were submitted to a committee of
the Privy Council, which exonerated Mr. Boulton as regarded his judicial
decisions, but recommended his removal from the colony.
“On the 20th of June,
1838, commenced the yearly session, and the result of the appeal by the
Council and Assembly respectively to Her Majesty on the rejection of the
Appropriation Bill of the last year having been previously transmitted
to the Governor, the offer of her royal mediation was communicated to
both Houses. The Queen recommended the adoption of that Bill by the
Council, but suggested to the Assembly certain rules of conduct for its
future guidance in similar cases. With infinite difficulty the Bill was
carried in Council by the official members present, and the casting vote
of one other; the remaining three members opposing it to the utmost, and
ultimately protesting against it. Thus ceased an embarrassment but had
been sensibly felt by the public but a new subject of discord quickly
arose. An altercation took place in the streets of St. John’s between
Mr. Kent, a member of the House o, Assembly, and Dr. Kielley, a medical
practitioner. Upon complaint made by Mr. Kent, Mr. Kielley was taken
into custody by the Serjeant-at-Arms, and brought to the bar of the
House on the following day, the 27th of August. Being called upon for
explanation, he used, in the heat of passion, very opprobrious language
towards Mr. Kent. Upon this he was re manded till the sixth, when he was
required to apologise and upon his refusal to do so, was committed to
jail by the Speaker's warrant to the Sheriff. The next day he was, by a
writ of habeas corpus brought before a Judge of the Supreme Court, by
whose order he was released, and upon this being stated to the House by
the Sheriff, when directed to produce his prisoner on the 11th, both the
Judge and the Sheriff were immediately arrested by the Speaker’s
warrant, the former with indecent violence. Upon this being officially
made known to the Governor he signified his intention of proroguing the
Assembly, and on Monday the 13th, it was prorogued accordingly for seven
days. By this measure the prisoners were at once liberated ami the
members were allowed time to cool. When the legislature was
re-assembled, business proceeded, though not of course, harmoniously;
and on the 25th of October the session was closed, provision having
having been made for the yearly routine of government. In the previous
month Mr. Bourne Mr. Boulton's successor in the office of Chief Justice,
had arrived, but, by a wise provision, he has not, nor will any judge in
future have, a seat in the Council. A session of the Supreme Court was
held in the following December, when Mr. Kielley brought an action
against the Speaker, other members, and officers of the House, for false
imprisonment; but privilege being pleaded in demurrer, the Chief Justice
and Judge Desbarres decided in favour of the plea, while the remaining
judge, Mr. Lilly, retained his former opinion. An appeal to Her Majesty
in Council was entered, and a colonial barrister proceeded to London to
take the necessary steps for its prosecution.
“An elaborate opinion
of Her Majesty's Attorney and Solicitor Generals was forwarded
officially to the Governor. This opinion denies the power of committal
assumed by the House, and consequently tends to allay the apprehension
which could not but be entertained by the most dispassionate and
impartial mind, of the evils likely to arise from an arbitrary power of
imprisonment being possessed by such a body.”
In 1840, a regular
sailing packet between St. John’s and Halifax, once a fortnight, had
commenced under the orders of the Postmaster-General, and a regular
post-office established at St. John’s, of which William Solomon, Esq.,
was appointed postmaster.
On the 5th of November,
H.M. steamer “Spitfire” arrived at St. John’s, bringing from Halifax a
detachment of men for the Royal Newfoundland Companies. After remaining
a few days, she sailed for England. This was the first steamer which
ever appeared in a port of Newfoundland.
In 1841, on the 26th of
April, Governor Prescott dissolved the Local Parliament, and in
consequence of riotous proceedings at the election of a member in
Conception Bay (in the room of one who had died) in which several
persons were shot, and a house burnt, the Constitution was suspended.
Captain Prescott was
the last of a long line of naval governors who ruled Newfoundland, and
for the first time a military governor of high rank, in the person of
Major, afterwards Lieutenant-General, Sir John Harvey arrived on the
16th September, 1841; previous to the arrival of whom Lieutenant-Colonel
Sail administered the Government. Sir John held a high military post in
Canada during the last war, and had been governor of each of the
Colonies of Prince Edward Island and New Brunswick. He was Governor of
the Province of Nova Scotia, which he ruled with consummate tact and
ability, and died there while governor in 1853. Sir John was a man of
generous and noble disposition, and very fine literary taste. Under his
rule a new era dawned upon Newfoundland, political animosities were
hushed to rest, roads were opened, education encouraged, and the
agricultural resources of the country developed.
James M, Spearman was
at this time Collector of H.M. Customs.
In 1842, an Act was
passed by the Imperial Parliament for amending the constitution of the
Government of Newfoundland ; the principal features in which this
measure differed from the previous system of government, were the
abolition of the Legislative Council as a distinct branch, and its
amalgamation with the Assembly into one House. There was also an
Executive Council distinct from the Legislative (composed, however, of
nearly the same persons), for advising the Governor. The qualification
of persons elected to serve as members in the Assembly was a net annual
income of £100, or the possession of property, clear of all incumbrances,
to the amount or value of £500. The qualification of voters was the
possession of a dwelling house for one year. All the elections were
simultaneous, being completed in a given time on the same day throughout
the island. This Act, however, expired at the end of four years. It was
probably designed to heal the party feuds of the island, so rampant at
the time of its enactment. During this year, on the 13th January, the
first Agricultural Society was formed under the auspices of Governor
Harvey, who delivered an interesting speech on the occasion, a copy of
which was sent to Lord Stanley, then Secretary of State for the
Colonies. In 1843, on the 17th January, Sir John Harvey opened the first
session of the General Assembly under the new form of Constitution, in a
speech remarkable for its length, literary composition, and general
information. During the session, a very useful and popular Education Act
passed, introduced by the late Mr. Barnes, a member of the Assembly.
In 1844, through the
exertions of Sir John Harvey, a steamer was employed to carry the mail.
She was called the “North America,” and commanded by Captain Richard
Meagher. Her first voyage from Halifax to St. John’s was accomplished in
sixty hours. She arrived on the morning of the 22nd of April. During
this year Chief Justice Bourne was dismissed from office, and succeeded
by Thomas Norton, Esq., late one of the Assistant Judges of Demerara.
Mr. Norton was a member of the Irish bar, and the first Roman Catholic
Judge who presided in a Court in Newfoundland. He was a good lawyer,
very humorous, and endowed with talents of no common order. He gave more
universal satisfaction during the short time he remained on the island,
than any judge who had ever preceded him. Mr. Bourne was considered a
profound lawyer, but possessed a very violent temper. After his return
to England, he published two volumes of poems, entitled “England Won,”
and the “Exile of Idria,” a short time after which, his decease took
place. About this time the Land Act passed, by which the possessor of
Crown Land is secured in his title without having had a previous grant;
and about £40,000 voted for constructing roads and bridges.
In 1845, Prince Henry,
son of the King of Holland, arrived at St. John’s, in the “Rhine”
frigate, from Iceland.
“Shortly after the
vessel had come to anchor, His Excellency, Major-General Sir John
Harvey, attended by his Staff, embarked at the Queen’s Wharf, where a
Guard of Honour had been drawn up to receive His Excellency, and
proceeded on board the frigate to pay his respects to His Royal
Highness, and to welcome him to Newfoundland. His Excellency was
received on board under a royal salute of twenty-one guns, which was
responded to from the battery at Fort William; and, after remaining some
time with the Prince, and inviting him to Government House, His
Excellency left the frigate, and returned under another salute.
“His Royal Highness,
dressed in naval uniform, as commander of the “Rhine,” and attended by
his officers, landed at a little after one o’clock, at the Queen’s
Wharf, where His Excellency the Governor, with his suite, and the usual
escort of the heads of departments, received him with a Guard of Honour,
and proceeded to Government House, where a Levee was held.
“On the following
Monday, His Royal Highness landed in state at the Queen’s Wharf, where
he was received by His Excellency and suite, and thence proceeded to
Government House. From the wharf to Government House gate, the route
which His Royal Highness took was lined with trees temporarily planted,
and at the centre and top of Cochrane Street, were erected two superb
Triumphal Arches, devised and decorated.
“In addition to a very
large number of the inhabitants, comprising those of every class and
creed, the Mechanics’ Society, together with the Benevolent Irish
Society, and the captains and crews of the numerous Spanish vessels then
in port, carrying their respective flags, swelled the procession which
followed the Royal Visitor and His Excellency to Government House, when
some time was occupied in receiving or delivering addresses.
“In the evening a
display of fireworks took place. Almost simultaneously with the visit of
the Prince, H. M. S. "Hyacinth" arrived from Halifax, also, the steamer
"Unicorn" together with an armed French schooner from St. Pierre, in
addition to which there were about 50 sail of Spanish merchantmen in the
harbour, besides all the English vessels. Among the passengers brought
by the ‘Unicorn,’ were the Right Rev. and Hon. Lord Bishop of Nova
Scotia and the two Misses Inglis, Major Tryon, 43rd Regt., Major of
Brigade in Nova Scotia, and Lady, (daughter of Sir John Harvey) and
family; Lieut. W. F. Dickson, 62nd Regt., son of and Aid-de-camp to Sir
Jeremiah Dickson: Col. Creighton; Honbles. S. Cunard, M. Tobin, and E.
Kenny.
“His Royal Highness
accompanied Sir John Harvey, in the steamer “Unicorn" on an excursion to
Harbour Grace, Carbonear, and other parts of Conception Bay.’’
On the 9th of June,
1846, a calamitous fire desolated a greater part of the Town of St.
John’s, by which upwards of 2,000 houses were destroyed, and property to
the amount of £800,000 or $4,000,000 consumed, (see District of St.
John’s). On the 24th of August, Sir John Harvey embarked for Halifax, to
assume the Government of Nova Scotia, and Lieutenant-Colonel Law was
appointed Administrator of the Government. In the winter of 1847, the
sixth and last session of the Amalgamated Legislature was dissolved by
Lieutenant-Colonel Law.
On the 22nd of April,
1847, Lieutenant-Colonel Sir John Gaspard Le Marchant, arrived and
assumed the government. The country at this time passed through a
terrible ordeal, for in addition to the fire having destroyed St.
John’s, the potato crop failed, and a hurricane swept the coast on the
18th of September of the same year, by which hundreds of lives were
lost, and property on land and sea, destroyed to the amount of upwards
of $2,000,000, besides which the fishery failed in many places. Sir
Gaspard, then, on the assumption of power, had great difficulties to
contend with; he found the colony plunged in debt to the amount of
£80,000 or $400,000, with an impoverished population. The Governor
immediately applied his energies to meet this complication of disasters;
he imported large quantities of provisions which he caused to be
distributed in various parts of the island, for the relief of the
destitute. He also encouraged the cultivation of the soil by procuring
seeds which were gratuitously given to the poor, and had the grounds of
Government House beautifully laid out with grain, &c., which were soon
decked with verdure, and clothed with fruit.
During this year an Act
passed the Imperial Parliament restoring to Newfoundland her
Constitution of 1833, retaining, however, the qualification of members,
under the amalgamated system.
On the 14th of
December, 1848, the first session of the Legislature (after a return to
the old form of Constitution), was opened by Governor Le Marchant, and
prorogued on the 23rd of April, 1849, after passing twenty-two Acts,
during a lengthened session of 130 days.
In 1847, Mr. Norton
resigned the Chief Justiceship of Newfoundland, and was succeeded in the
office by Francis Brady, Esq., who was also a Roman Catholic, and a
member of the Irish Bar.
The writer took passage
in the steamer “ Unicom” with Mr. Brady, at Halifax, in 1847, for St.
John’s. We found him a highly-intelligent and very unassuming gentleman.
Mr. Brady had just arrived from England by the steamer on his way to
assume the Chief Justiceship. He had the reputation of being a sound
lawyer, and is universally esteemed.
In 1848, a Colonial
Building, Custom House, Market House, and Court House commenced
building.
In 1849, important
alterations were made ill the Customs Department, by the Home
Government, by placing the patronage of the Department under the control
of the Local Government. The Imperial Government, however, retained
three officers, of which George J. Hayward, Esq., is the head, as
Comptroller of Customs and Navigation Laws.
Mr. Spearman, the
former Collector, retired to England, on a pension allowed him by the
Home Government, and John Kent, Esq., Speaker of the House of Assembly,
was appointed Collector of H. M. Customs for Newfoundland. During this
year the fisheries were prosperous, and considerable quantities of wheat
were raised in various parts of the island ; altogether the general
aspect of the country was hopeful and cheering.
In 1850, a small
steamer was employed as a packet in Conception Bay, and the new Colonial
Building was occupied for the first time by the Legislature. In July,
1851, Sir John Gaspard Le Marchant took his departure for England, when
the Hon. James Crowdy, Secretary of the Colony, was appointed
Administrator of the Government during his absence. In January, 1852,
Governor Le Marchant returned and resumed the government. During the
following summer, Sir John Gaspard Le Marchant resigned the Government
of Newfoundland, and assumed the Government of Nova Scotia, when the
Hon. James Crowdy was again appointed Administrator of the Government.
On the 24th December, 1852, Ker Bailie Hamilton, Esq., arrived from
England, and assumed the government.
In 1854, the principle
of Responsible Government was conceded, in a despatch from the Duke of
Newcastle, the then Secretary of State for the Colonies, to the
Governor. During this year cholera for the first time appeared in
Newfoundland, when 800 persons died at St. John’s. In 1855, Governor
Hamilton was succeeded in the government by Charles Henry Darling, Esq.,
under whose Administration the principles of Responsible Government were
fully carried out. In 1856, the old office holders were pensioned off.
In 1857, the Hon. James Crowdy, who held the office of Colonial
Secretary for a period of 29 years, retired on his pension to England,
and was succeeded in his office by the Hon. John Kent, late Collector in
H. M. Customs. At the same time, Hon. Philip F. Little was appointed
Attorney-General; Hon. George H. Emerson, Solicitor-General; Hon. Thomas
Glen, Receiver-General; Hon. Edmund Hanrahan, Surveyor-General; Hon.
James Tobin, Financial-Secretary; and John V. Nugent, Esq., High
Sheriff.
In these appointments
we notice the omission of the name of Robert J. Parsons, Esq. a
gentleman who has been a member of the Legislature from the time of the
second House of Assembly of Newfoundland; who had boride the burden and
heat of the day; who always adhered to the party once in power; nay, had
been suffered to gain the ascendancy of that party. He is still a member
of the House of Assembly, but without office or emolument.
During this year the
fisheries were bountiful, and steam communication opened between the
different districts and the capital; a telegraph line was erected from
St. John’s to the western part of the island, and a line of Canadian and
United States steamers made St. John’s a port of call on their way to
and from Europe In 1857, the colony was thrown into great excitement by
the announcement that the English and French Governments had entered
into a convention by which it appeared that important privileges in the
Newfoundland fisheries were to be ceded to the French. The Legislature
appointed Messrs. Kent and Carter as delegates to visit Nova Scotia, New
Brunswick, Prince Edward Island, and Canada, to interest these colonies
against the measure. Delegates were also appointed to visit London, and
protest against the measure. These hostile demonstrations of the colony
stopped the negotiations between the two Cabinets in making any
alterations in the treaties about the Newfoundland fisheries.
In 1859 the following
notice appeared in the Newfoundland Royal Gazette:—
“His Excellency the
Governor has been pleased, by and with the advice and concurrence of the
Executive Council, to appoint, pursuant to the Despatch of the Secretary
of State, dated 14th January last, the Hon. John Kent, Colonial
Secretary, to be Colonial Commissioner, subject to Her Majesty’s
approval, upon the Joint Commission to be appointed by the two nations
of France and England, to enquire into the local operations of the
treaties conferring on French subjects rights of fishery upon the coasts
of this island, &c.”
The principle involved
in the dispute is embodied in a note of Lord Palmerston in 1838, to
Count Sebastiani, the French Ambassador.
The London Times says
upon this subject:
“It is just about one
hundred years ago that the first Mr. Pitt, in declaiming upon the
national interests of Britain, affirmed that one point was of such
moment as not to be surrendered, though the enemy were masters of the
Tower of London. We shall be thought, perhaps, to be robbing the idea of
its grandeur when we proceed to explain that the point so characterised
was simply the Newfoundland Fishery, but the inhabitants of that colony
would not themselves be willing to make much abatement from the estimate
which the great Minister has put on record. In their eyes the
Newfoundland Fishery is everything, and everything it certainly is to
Newfoundland.
“Thesubject, however,
to which these words refer has recently been invested with immediate
international importance. The people of Newfoundland really believe that
the French are dipping too largely into their waters, whereas the French
declare that they are not left in the enjoyment of the rights secured to
them by treaty. Matters have reached, indeed, such a point, that the
commander of the French naval force in these quarters has given formal
notice to our authorities that on and after the 5th of May, the French
fishermen would be effectually protected in their privileges, and the
rights secured to France be rigorously enforced by the imperial
cruisers. A counter notification has, of course, been made in the
interest of Great Britain and her colony; but we are happy to state that
the two Governments have promptly come to accord respecting a certain
proceeding which may possibly terminate a long-pending controversy, and
which will certainly obviate the chances of present embroilment. A
commission, consisting of two French and two British representatives, is
to investigate the question this summer by researches and inquiries on
the spot, and in the meantime, Count Walewski has suggested to Lord
Cowley, that the commanders on the station should receive instructions
to impart all proper forbearance into their proceedings. These
arrangements, which were accomplished without any difficulty, and with
every expression of amity and conciliation on the part of the French
Government, will, at any rate, place the affair in good frain, but
whether it will be found to admit of a conclusive or satisfactory
solution is a question of greater doubt.
“One of the chief
points at issue between the two countries consists in the claim of the
French to certain local rights, which they invest with an exclusive
character. Their title to participate in the Newfoundland Fisheries,
recognised by the treaty of Utrecht in 1713, and confirmed by the treaty
of Versailles 70 years later, was again established, after the
interruptions of the revolutionary wars, by the settlement of 1814.
According to D these treaties, they are undoubtedly entitled not only to
take fish, but to resort for the purpose of curing and drying these fish
to a certain part of the Newfoundland shore during a certain season. It
is further stipulated, that ‘ in order that the fishermen of the two
nations may not give a cause for daily quarrels, his Britannic Majesty
will take the most positive measures for preventing his subjects from
interrupting, in any manner, by their competition, the fishery of the
French during the temporary exercise of it which was granted to them.’
“These terms the French
interpret as conveying a right ot fishery within certain limits, not
only free from all disturbance, but from all participation, on the part
of the British, whereas our own Government has always steadily declined
to acknowledge that any such exclusive rights as regarded the actual
fishery, were designed to be granted. It is admitted on our side, that
in practice the French have always been left sole occupiers during the
fishing season of their own parts of the shore, and for the simple
reason that two sets of fishermen could not carry on their business of
curing and drying at one and the same spot. The French are entitled to
that temporary lodgment on the coast, without which their fishery could
not be conducted, and this lodgment, for plain considerations of
convenience, they are allowed to keep themselves; but, when the argument
is extended to the waters of the fishery, it fails altogether. There the
French can fish without interruption, although the British may be
fishing too, and the treaty, therefore, is not infringed when our
fishermen ply their ordinary trade at that spot, provided always that
they do not cause interruption to the vessels of the French. Such is the
view of the case taken by our authorities, and maintained by the present
Ministry.
“It was not, therefore,
without some justification that Count Walewski expressed his doubts to
Lord Cowley about the probable success of the proceedings suggested. The
difference between the two Governments has arisen on a point of
interpretation, and a point of that character can hardly be settled by
local inquiries. It will be readily understood, moreover, from the
remarks we have offered above, that the colony of Newfoundland would be
loth to see one jot or tittle of its rights abated on a subject of such
vital importance to it, and its natural prerogatives in this respect
have been recognised by the Government at home. A despatch of Mr.
Labouchere, dated the 26th of March, 1857, to the effect that ‘ the
consent of the community of Newfoundland was regarded by her Majesty’s
Government as the essential preliminary to any modification of their
territorial or maritime rights,’ is quoted in the Colonial Legislature
as the Magna Charta of the dependency, and already, indeed, on one
occasion, has a convention been nullified by the refusal of the colony
to accept its provisions. In the present case an attempt has been made
to obviate any ulterior difficulties by placing a direct representative
of Newfoundland on the commission itself, and it was with the view,
indeed, of leaving a place for this nominee that the proposal of two
commissioners on each side, instead of one, was originally entertained
by Lord Derby’s Government. Possibly this expedient, which has been
approved by the Colonial Legislature, may be attended with success; but
the tone of opinion in Newfoundland seems so decidedly and so naturally
pronounced that we cannot anticipate with much confidence any of that
compromising spirit by which definite agreements are usually preceded.
However, the resolutions adopted are as good as the occasion admits,
and, while they speak distinctly for the admirable sentiments and
friendly intentions of the French Government, they certainly reflect
great credit on Sir E. Lytton’s administration of the department he has
lately resigned. The controversy may be hard to settle, but the
settlement seems likely to be approached with judicious arrangements and
feelings of mutual good.”
In 1857 Governor
Darling having been appointed to the governorship of Jamaica, the Hon.
Lawrence O’Brien (the first Roman Catholic ever appointed to the
office), President of the Council, was appointed Administrator of the
Government until the arrival of the new Governor. On the 8th day of
June, 1857, Sir Alexander Bannerman, who had previously been Governor of
Prince Edward Island and the Bahamas, assumed the Government of
Newfoundland. In 1858 the Hon. Jude Des Barres and the Hon. Judge Simms
were pensioned off, and the Hon. Philip F. Little, and Bryan Robinson,
Esq., were appointed in their places as Assistant Judges of the Supreme
Court, when the Hon, George J. Hogsett became the new Attorney-General.
In 1859 the fisheries were prosperous, trade brisk, and the revenue
increased. In 1860, in consequence of disagreement between Mr. Kent, the
Premier, and Sir Alexander Bannerman, the Governor, the Executive
Council was dismissed, when Hugh H. Hoyles, Esq., one of the principal
lawyers of the country, and leader of the Opposition in the House of
Assembly, was called upon to form a new government. Shortly after which,
an appeal was made to the country by a general election. The contest was
a sharp one, but resulted in the return of a majority in favour of the
new government of which Mr. Hoyles was the leader and the new
Attorney-General. The elections in St. John’s, at Harbour Grace,
Carbonear, and Harbour Main were attended with a great deal of rioting
and religious animosities. Injuries were indicted on persons and
property, and one man shot. On the 13th of May, the Governor opened the
new House of Assembly. A crowd of 2,000 persons gathered around the
Colonial Building, menacing and threatening to stop the proceedings. On
the retirement of the Governor from the House of Assembly he was saluted
with groans., and stones thrown at his carriage. During the day several
houses were attacked and broken. In the evening a company of soldiers
commanded by Colonel Grant, was called out to preserve the peace. Three
persons were killed by the military and several wounded. Several houses
were burnt in the suburbs of the town. Amongst the property thus set
fire to was that of one of the Judges, the College of the Church of
England (happily discovered and put out at its commencement), and the
country house of Mr. Hoyles, the Attorney-General and head of the new
Government (a pretty retreat totally destroyed). It is noticeable that
these outrages were brought to a close after the arrival of 200 men from
Halifax to strengthen the military force in St. Johns.”
When these events took
place the writer was living in Nova Scotia, and was there called upon to
explain the astounding events which was then being enacted in
Newfoundland. He then stated that the Irish Roman Catholics in
Newfoundland were as kind and as hospitable a people as were to be found
in the world, except during times of excitement—when elections and rum
put the devil in them. The Rev. John Wesley says, that “if a man love
you on account of your politics, he loves you less than his dinner; and
if he hate you on the same account, he hates you worse than the devil.”
Very few feel that they have the slightest political responsibility.
They come out to the elections, perhaps, because their party-leaders
desire them to come out, or because their party feelings urge them to
come out, or because they delight in the excitement of an election, or
possibly because they are paid for coming out. Probably not one in
twenty feels that he has any personal responsibility in the government
of the country. All feel, of course, that they have a personal interest
in it, but this interest is not associated with a sense of high personal
duty. In times of political excitement they may be excited, but their
interest is mainly in behalf of a party. They may work very
enthusiastically, indeed, for our side without giving a single thought
to our country. This, to a certain extent, however, is the result of
ignorance.” For myself I have no faith in parties. I have no faith in
politics in the common acceptation of the word, but I have great faith
in great principles; but in party organizations as the means to carry
them out, I see always the germs of contention and strife, which as they
expand and increase, overshadow the great and true idea upon which the
party in its infancy is based.
The Right Rev. J. T.
Mullock, Roman Catholic Bishop, says
“Allow me to say a few
words of my experience of the people. 1 found them, in all parts of the
Island, hospitable, generous, and obliging. Catholics and Protestants
live together in the greatest harmony, and it is only in print we find
anything, except on extraordinary occasions, like disunion among them. I
have always, in the most Protestant districts, experienced kindness and
consideration,—I speak not only of the agents of mercantile houses, who
are remarkable for their hospitality and attention to all visitors, or
of magistrates, like Mr. Gaden, of Harbor Briton, or Mr. Peyton, of
Twillingate, whose guest I was, but the fishermen were always ready to
join Catholics in manning a boat when I required it, and I am happy to
say that the Catholics have acted likewise to their clergymen. It is a
pleasing reflection that though we are not immaculate, and rum excites
to evil, still out of a population of over 130,000, we have rarely more
than eight or ten prisoners in gaol, and grievous crimes are happily
most rare, capital offences scarcely heard of.”
The first Atlantic
telegraph cable was landed at Bay of Bull’s Arm, Trinity Bay, on the 6th
of August, 1858. On the following week the Niagara and the Gorgon
entered the harbour of St. John’s, amid the thundering of cannon and the
ringing of bells. In the evening the city was illuminated; addresses
were presented to Capt. Hudson and Mr. Cyrus Field; a public ball was
given, and a regatta on Quedi-Yidi Lake in honour of the visitors. This
great enterprise, however, at that time proved a failure.
In 1860, on Monday,
July the 23rd, His Royal Highness the Prince of Wales arrived at St.
John’s on his way to Canada and the other Provinces. His Royal Highness
was accompanied by His Grace the Duke of Newcastle and the Earl of St.
Germain. They remained at St. John’s three days. His Royal Highness was
treated with every demonstration of respect; and nothing was left undone
to honour the distinguished visitors by the citizens of St. John’s. They
presented the Prince with a Newfoundland dog, to whom he gave the name
of Cabot, in honour of the great Italian navigator who discovered
Newfoundland. The Hon. Francis Brady, Chief Justice, was knighted in
honour of the visit of His Royal Highness.
In 1861, the first
Baptist minister, a Mr. Turner, arrived from England, and sought to
establish himself in St. Johns, but owing to the want of adequate
support, failed to organize a congregation, and, after a short time,
returned to England.
In 1864, Sir Alexander
Bannerman took his departure from the Government of Newfoundland, when
the Hon. Lawrence O’Brien was sworn in as Administrator of of the
Government. In September, of the same year, Anthony Musgrove, Esq.,
arrived in St. John’s, and assumed the Government. During this year,
Messrs. Carter and Shea were appointed delegates to represent
Newfoundland, in the Congress at Quebec, to adopt a scheme for the
Confederation of the British North American Provinces. The Montreal
Witness has given the following valuable information on the subject:—
“No branch of industry
has grown up in the Provinces to greater dimensions in the course of a
comparatively short period of time than the Maritime interest. When
British North America is elevated into a Confederation, it will be
entitled to the proud position of the third Maritime State in the world.
Great Britianand the United States will alone exceed it in maritime
influence. In 1863, no less than 628 vessels were built in British
America, of which the aggregate tonnage was 230,312. The industry
represented by these figures shows an export value of nearly nine
million dollars. On the 31st December. 1863, the figures were as follows
:—

“Great Britain and the
United States largely exceed this number, but France, the next greatest
commercial State—with thirty-five millions of population, an immense
foreign trade, and an extensive sea coast—owns only 60,000 tons of
shipping more than British America. In 1860, the aggregate commercial
navy of France was 996,124.
“Another important
statement is the return of shipping entering and leaving the ports of
British America :—

“The United States at
the same period only exceeded us by 4.000.000 tons, and our excess over
France in one year was 4.000.000 tons.
“It will also be
interesting in connection with this subject, to see what will be the
strength of the United Provinces in seafaring men.
“ By the census of
1860, it appears that the number of those engaged in maritime pursuits
were as follows :—

“Here we see that five
years ago the Provinces unitedly had no less than 70,000 able-bodied men
engaged at sea, either in manning their commercial shipping or their
fishing vessels. In case of war this force would be the most valuable
element of strength British America would possess. Facts like these must
have great weight when placed before the world. They give an idea of the
importance of British North America that other statistics could hardly
afford. It must be remembered that the maritime interest is not
stationary but progressive. It must increase with the progress of the
Provinces in population, and the other elements of wealth. A half
century hence—it is not hoping too much—British America will stand side
by side with the mother country—the foremost maritime State in the
world.”
The following is from a
letter of Mr. Brydges, Managing Director of the Grand Trunk Railway, to
the Canadian Boards of Trade, on the trade of the Lower Provinces in
1866 :—
“The total importations
of flour into the four Provinces of New Brunswick, Nova Scotia, Prince
Edward Island and Newfoundland, according to the last returns which have
been published by the respective Governments of these Provinces are as
follows, viz. :—

“This is more than the
average importations of flour into the United States from Canada during
the existence of the Reciprocity Treaty.
“It follows, therefore,
if proper means of communication are provided, and energy displayed by
the merchants of Canada, that the Lower Provinces alone will offer a
market for the great bulk of the surplus flour that Canada has to
export.
The duties now 'imposed
by the United States upon the importation of breadstuff's from Canada,
and the great cost of all their manufacturing operations, render it
certain that the comparatively lighter taxed country of Canada will be
able to produce what the Lower Provinces require at much less prices
than can possibly be the case with the United States.
“Of the importations of
flour into New Brunswick, not far short of 200,000 bbls. are taken at
the port of St. John alone, and from that place a very large portion of
the Province is supplied, especially that part of it tributary to the
River St. John, which is the most populous and best settled portion of
the country.
“Between 20,000 and
30,000 bbls. of flour find their way to the Gulf ports as far down as
Shediac, and the remainder of the importations into New Brunswick go to
St. Andrews and St. Stephens, to be carried along the line of railway
running towards Woodstock, for the use of the lumbering districts.
“Nearly the whole of
the flour, therefore, imported into New Brunswick will, until the
Intercolonial Railway is completed, of necessity find its way into the
Province by the Bay of Fundy. As I have already stated, I have completed
arrangements with steamers running between Portland and St. John, by
which flour from all parts of Canada can be sent on
through-bills-of-lading to St. John ; the shipper at any station on the
line of the Grand Trunk Railway having no necessity to look after the
transfer at Portland, that being done, as well as the Customs business,
by the officers of the Company. St. Andrews and St. Stephens will also
be supplied from Portland by sailing vessels, which can always be
obtained without difficulty, and through-bills-of-lading will be given
to those places also.
“Of the importations of
flour into New Brunswick, the great bulk has for some years back been
from the United States ; although, even before the abrogation of the
Reciprocity Treaty, the quantity sent from Canada has been annually
increasing. Thus I find in the the year 1863 St. John received from
Canada by way of Portland 9,000 barrels ; in 1864, 15,000 barrels,
whilst during the last twelve months the quantity was increased to
47,000 barrels.
“If this has been the
case before the abrogation of the Reciprocity Treaty, it follows, as a
matter about which there can be little dispute, that the circumstances
which now exist will make it certain that nearly the whole supply will
in future be drawn from Canada.
“In regard to Nova
Scotia, the importations by the last returns which have been published
in that Province, namely, for the year ending 30th September, 1865, show
the following result :—

“From New Brunswick,
the importations into Nova Scotia have been principally along the shore
of the Bay of Fundy. From the United States, the importations have been
to a very large extent, into the Port of Halifax—they having amounted to
172,192 bbls.
“The next largest place
of importation is Yarmouth, into which place the importations were
19,714 barrels.
“The next largest are
Cornwallis and Windsor, they each having imported 9,000 bbls.
“All other ports have
received quantities varying from 100 bbls. to 3,000 bbls. each.
“There are now 65
places (including Halifax) in Nova Scotia, which have received
importations of flour from the United States. Many of these, of course,
are small harbours where fishing operations are carried on, and each
derive their supply of from one hundred to two or three thousand barrels
from sailing vessels which carry fish from these places to New York or
Boston, and bring back, after selling their loads, the flour they want
for their home consumption.
“In Prince Edward
Island the importations according to the last published returns have
been—
From
Canada........1,849 bbls.
Nova Scotia ........2,353 “
New Brunswick ...... 373 “
United States .....27,227 “
Total.................31,802
“These figures are
taken from the returns for the year 1864. I was informed in Prince
Edward Island that the amount last year was larger, and that during the
present year the quantity imported will not be less than from 50,000 to
60,000 barrels.
“In Newfoundland, of
the total importations of 202,718 barrels, there were from Canada
25,835; from Nova Scotia, 3,482 ; and from the United States, 172,145,
The bulk of the importations into Newfoundland are taken into St.
John’s, although some portions find their way to the different fishing
points along the coast in the same way as is the case in Nova Scotia.
“These figures will
give a very accurate idea of the general course of the flour trade, and
will show the merchants of Canada the places with which it will be
necessary to make arrangements for supplying this traffic in future from
Canada. To facilitate these arrangements, I have, as already explained,
effected arrangements in regard to steamer communication between
Portland and St. John. At the latter place I have appointed an agent,
who will attend to all business arising at that place and in New
Brunswick generally, and to whom all property will be consigned. The
steamers I have mentioned will be placed also upon the line between
Portland and Halifax, as early as possible in the month of September. An
agent has been appointed at Halifax, who will attend to the business in
Nova Scotia generally, and also to the trade which no doubt can be
cultivated from that city with Newfoundland.
“There is, of course,
in addition to the question of flour, much trade hitherto carried on by
the Lower Provinces to a very large extent with the United States,
which, by proper arrangements, can be diverted in the direction of
Canada, to the advantage of both buyers and sellers. Thus, as regards
New Brunswick, the importations of butter and cheese amounted, by the
last public returns, to 500,128 lbs., of the value of $105,725. Of this,
309,846 lbs. were purchased in the United States. Of meats and hams,
cured and salted, New Brunswick imported 2,059,131 lbs., of a total
value of $157,183, of which 1,999,845 lbs. were imported from the United
States. Of boots and shoes of various kinds, New Brunswick imported to a
total value of $80,475, of which $66,489 came from the United States. Of
leather of various kinds she imported to the value of $47,183, of which
the United States supplied $42,650. Of lard, New Brunswick imported
93,165 lbs., of which 78,603 lbs. were sent from the United States. Of
tobacco she imported 505,521 lbs of which 469,873 were sent from the
United States. Of refined sugar the United States supplied New Brunswick
with 150,995 lbs.; of unrefined sugar, 430,815 lbs. The greatest
portion, of course, of the unrefined sugar was either supplied direct
from the West Indies, or from the same place through Nova Scotia. Of the
article of tea, New Brunswick imported 1,058,082 lbs., of which 455,978
lbs. were sent from the United States, nearly the whole of the remainder
being imported from Great Britain.
“The several articles
of which I have given particulars, are mentioned only as samples of the
general trade of New Brunswick. There can be no reason whatever why,
with proper energy on the part of our merchants, New Brunswick should
not find it to be to her interest to make her purchases in the markets
of Canada rather than those of the United States. The rate of taxation
in the latter country, and the great cost of everything, have so largely
increased the price of all articles of commerce, that it is a question
that cannot admit of doubt, that Canada, that is comparatively so
lightly taxed, and will, it is to be hoped, improve in this respect
hereafter, ought to be able to supply the Lower Provinces upon much more
advantageous terms than can be done, under existing circumstances, by
the United States.
“It may be interesting
to give some similar facts in regard to the trade of Nova Scotia. It
seems from its returns that the total importations of beef, pork, and
beans (cured and salted) amount to about 13,000 barrels per annum, of a
total value of $212,700; of this, 10,695 barrels were imported from the
United States, and only 77 from Canada. Of tea, the total importations
into Nova Scotia were 1,545,075 lbs., of a value of $515,790, of which
the United States supplied 175,105 lbs. Great Britain, of course,
supplied the great bulk of the remainder. Of tobacco in the leaf, the
total importations into Nova Scotia were 507,989 lbs., of which the
United States supplied 58,856 lbs. Of manufactured tobacco, the
importations were 317,029 lbs., of which the United States supplied
244,532 lbs. The importations of raw and refined sugar from the United
States into Nova Scotia appear to be but a very small proportion of the
whole.
“The exports of fish
from Nova Scotia and Newfoundland are, of course, very large, and there
can be no reason why, if proper arrangements were made for the curing
and packing of the fish there, instead of allowing it to be mainly done
as at present in the United States, there could not be a very large
trade direct to Canada and through Canada into the Western States from
Halifax.
“The exportations of
raw sugar from Nova Scotia are very considerable, amounting in the
aggregate to nearly ten millions of lbs., of which upwards of a quarter
appears! to be sent from Halifax to Canada. This of itself will provide
considerable back freight to the line of steamers which will be put on
between Portland and Halifax.
“In regard to
Newfoundland, in addition to flour, they imported in the year 1864, the
last return which I have been able to obtain, 26,157 barrels of pork, of
which 23,472 were sent from the United States, and 1,293 from Canada.
They imported of beef 2,417 barrels, of which 1,999 were from the United
States. Of butter, the importations were 16,536 cwt., of which Nova
Scotia supplied 4,192 cwt., Canada 2,466 cwt., and the United States
7,454 cwt. Of leather-ware, the total importations were to the value of
£61,936. Of tea, 461,830 lbs., and of tobacco, 291,750 lbs.
“For the reasons
already given, the trade of which I have endeavoured, as regards the
Provinces, to give a few examples, can by proper arrangements be carried
on to a very large extent indeed with Canada before Confederation takes
place. Of course, as soon as that desirable event has actually been
completed, there can be no doubt of the large increase of trade which
will immediately follow.” |