CHAPTER IVToC

[16]Compare such names of places as Frenchman's Arm, Harbour Breton, Cape Breton, Spaniard's Bay, Biscay Bay, Portugal Cove, Cape Race, Port-aux-Basques, etc.

[16]Compare such names of places as Frenchman's Arm, Harbour Breton, Cape Breton, Spaniard's Bay, Biscay Bay, Portugal Cove, Cape Race, Port-aux-Basques, etc.

[17]Cf.Purchas, "Pilgrims," vol. xiv. pp. 304-5.

[17]Cf.Purchas, "Pilgrims," vol. xiv. pp. 304-5.

[18]Hakluyt, "Principal Navigations," vol. viii. p. 3.

[18]Hakluyt, "Principal Navigations," vol. viii. p. 3.

[19]Hakluyt,op. cit., vol. iii.

[19]Hakluyt,op. cit., vol. iii.

[20]Cf.J. Latimer, "History of the Society of Merchant Venturers of Bristol" (1903).

[20]Cf.J. Latimer, "History of the Society of Merchant Venturers of Bristol" (1903).

[21]"A report of the voyage and successe thereof, attempted in the yeere of our Lord 1583 by Sir Humfrey Gilbert Knight, with other gentlemen assisting him in that action, intended to discover and to plant Christian inhabitants in place convenient, upon those large and ample countreys extended Northward from the cape of Florida, lying under very temperate climes, esteemed fertile and rich in minerals, yet not in the actuall possession of any Christian prince, written by M. Edward Haie gentleman, and principall actour in the same voyage, who alone continued unto the end, and by God's speciall assistance returned home with his retinue safe and entire." See Hakluyt (ed. 1904), vol. viii. pp. 34 seq.

[21]"A report of the voyage and successe thereof, attempted in the yeere of our Lord 1583 by Sir Humfrey Gilbert Knight, with other gentlemen assisting him in that action, intended to discover and to plant Christian inhabitants in place convenient, upon those large and ample countreys extended Northward from the cape of Florida, lying under very temperate climes, esteemed fertile and rich in minerals, yet not in the actuall possession of any Christian prince, written by M. Edward Haie gentleman, and principall actour in the same voyage, who alone continued unto the end, and by God's speciall assistance returned home with his retinue safe and entire." See Hakluyt (ed. 1904), vol. viii. pp. 34 seq.

[22]Rogers,op. cit., p. 40.

[22]Rogers,op. cit., p. 40.

We have seen that many nations shared in the profits of the Newfoundland trade, but the English and French soon distanced all other competitors. The explanation lies in the conflicting interests which these two great and diffusive Powers were gradually establishing on the American mainland. It is worth while anticipating a little in order to gain some landmarks. In 1609 the colonization of Virginia began in earnest; a few years later sailed the Pilgrim Fathers in theMayflower, to found New England. In 1632 Lord Baltimore founded Maryland, to be a refuge for English Roman Catholics. Meanwhile, France had not been idle in the great northern continent. The intrepid Champlain trod boldly in the perilous footsteps of Cartier, and Port Royal was founded in 1604, Quebec in 1608. Later still came the splendid adventure of La Salle, who forced his way—a seventeenth century Marchand—from the sources of the Mississippi to the Gulf of Mexico, thus threatening to cut off the English settlers fromexpansion to the west. A glance at the map will reveal the immense strategic importance of Newfoundland to two Powers with the possessions and claims indicated above. No doubt a consciousness of deeper differences underlay the keenness of commercial rivalry.

The hardy sailors, mainly from the west country, who carried on the trade for England, came when the season began, and sailed away with its close, returning in the following year to the portion of the beach which each crew had pegged out for its own operations. A feeling of proprietorship soon sprang from uninterrupted user, and signs of jealousy appeared of any attempt at permanent settlement. This local feeling, combining with interested influence at home, did much to stunt the growth of the colony; the old colonization theory inherited from Spain was still powerful, for the American Revolution had not yet revealed the handwriting on the wall.

In 1585 English vessels and sailors were seized in Spanish waters under the pretext of a general arrest. Accordingly, by way of reprisal Gilbert's plan of 1577 (which has already been referred to) was revived by Walsingham, and Sir Walter Raleigh, then vice-admiral of the western counties, was instructed to despatch vessels for the purpose of intercepting Spanish fishermen proceeding to the Newfoundland waters. A flotilla under the command of Sir Barnard Drake (cousin of SirFrancis) sailed to Newfoundland, and took a considerable number of Spanish and Portuguese prizes and prisoners. The disaster to the Spanish Armada in 1588 was a drastic blow to Spanish power at sea, a signal for England's maritime ascendancy, and an impetus to more rational, consistent, and practical methods of colonization, in which great Companies and great fleets participated—fleets that prepared the way for the establishment and development of our incomparable Navy, the mighty bulwark of our Empire. The turning-point at the close of the sixteenth century is thus indicated by Mr Rogers: "Large creative ideals, the usual delusions about Cathay, gold, and silver, and a desire to retaliate against Spain, inspired both Raleigh's and Gilbert's efforts; and after their failures the history of colonization turned over a new leaf. There were no more colonies founded in anger, the old delusions about Cathay and gold and silver melted into thin air, and the large Elizabethan ideals were accompanied by small projects, which after a time dimmed and obscured them."[23]With James I. and the wise influence of Bacon came an increased interest in the "plantations," and God's silly vassal (as a justly irritated divine called the King to his face) does not suffer in this respect from a comparison with his contemporaries.

After the colonization of Virginia and Maine hadbegun, Sir John Popham, who had done much to set on foot the schemes relative to these American settlements, recollecting the attempts that had been made to colonize Newfoundland, suggested to the merchant adventurers of Bristol that they should make new efforts to establish colonies on the island. The King's support having been promised, funds were raised, and a royal charter was granted to a company on April 27th, 1610, designated "The Treasurer and the Company of Adventurers and Planters of the City of London and Bristol for the Colony or Plantations in Newfoundland." London and the West of England were thus associated, as they had been in the Virginian Company of 1606. There were forty-six members, including the Earl of Northampton, Sir Francis Bacon, Thomas Aldworth, Mayor of Bristol, John Guy and Philip Guy of Bristol; and the territory granted to them comprised the lands from Cape St. Mary to Cape Bonavista. The same year John Guy, the first Governor, led out the first colony to Newfoundland, landed at Conception Bay, and selected for his capital Cuper's Cove (Port de Grave). Guy and his companions then built a fort, a dwelling-house, a workshop, and a boat, sowed corn, and made preparations for the winter. Next fishing ordinances were issued by the Governor. "That struck the first note of a conflict which was to last for 150 years, and of which the echoes may yet be heard. Thefishermen, merchants, and seamen who flocked to the coast for the fishing season vehemently resented anything which might seem to threaten their turbulent lawlessness, and the great merchants in England, who were profiting by the fisheries, were jealous lest the planters should in some way interfere with their operations; but, for a time, the planters had sufficient influence through the patentees in England to maintain themselves."[24]After a sojourn of six summers—though only three winters—in Newfoundland, Guy returned to Bristol, and spent the remainder of his life there in his aldermanic dignity.

He was succeeded (1615) in the Governorship by Captain John Mason who, together with Sir Ferdinando Gorges, founded New Hampshire and Maine. Mason stayed six years in the island; he explored it, prepared a map of it, encouraged the growth of corn successfully, and with less success endeavoured to establish commercial intercourse with the Red Indians.

In 1618 appeared the "Briefe discourse of the New-found-land by Captain John Mason." After a discerning account of the attractions of his theme, the writer concludes:

"I might hear further discourse of our discoveries ... but these may suffice asverbumsapienti; being of sufficient trueth to remouve errours ... also to take away malicious and scandelous speeches of maligne persons, who out of envy to God and good actions (instructed by their father the Devill) have sought to despoil it of the dewe and blamish the good name thereof."

Disorders having occurred after Mason's arrival, Sir Richard Whitbourne, an Exmouth sea-captain who had had many years fishing experience in the Newfoundland waters, was despatched to investigate the disputes between the settlers and the fishermen. He reported that 250 sail of English fishermen, and 400 of "French, Portugals, and Biscaines" resorted to the coast. His mission failed, owing to the dilatory nature of the inquiry and the difficulties in getting the contesting parties to attend, as they were in scattered places. Then the merchants, having an eye to their own profit, proceeded to divide the occupied territory into a number of shares, which the recipients afterwards resold.[25]"The colony from time to time shed portions of itself, division led to sub-division, and new characters appeared upon the scene."[26]Other companies were thus formed, charters granted, and settlements made, most of which were confined to the peninsula of Avalon. With these enterprises several distinguished names were connected: for example, Sir William Vaughan, who sent out colonists in 1617 and 1618: HenryCary, Lord Falkland, who bought land on the east coast, called it South Falkland, despatched a number of emigrants, but did not himself visit the island; Sir George Calvert, a leading Roman Catholic, who took out co-religionists.

In 1627 Sir George Calvert, better known as Lord Baltimore, was granted by charter the fancifully named Province of Avalon (after Avalon in Somersetshire), which embraced a considerable portion of the island's area. Calvert established himself at Ferryland—the name being a corruption of Verulam, so called after the great Chancellor—and stayed only long enough to infuse a tenacious Roman Catholic strain into the island. Finding the climate too cold, however, he applied for a more southerly colony for himself and forty companions. In reply, the King said that the climate was not too cold, but that Sir George Calvert was too soft, and had better return home. But he had in the meantime transferred himself and his forty followers to the milder climes of the south, and there established Maryland, whose capital, Baltimore, was named after the founder's family title. Perhaps the turbulence of his surroundings, and the troubles with the French, were not to his taste. Law and order were indeed far to seek, and there were neither civil tribunals nor military forces. We may suppose that the "Fishing Admirals," authorized by the Star Chamber and confirmed in their authority by 10 and 11 WilliamIII., c. 25, had already asserted ade factojurisdiction on the spot, for it is hardly credible that the mere wantonness of legislative invention can have produced such a tribunal. To anticipate for a moment: the Act provided that the master of the first ship arriving from England with the season should be admiral of the harbour; to the masters of the second and third in order were given the titles of vice-admiral and rear-admiral. To this tribunal were committed fishing disputes in general, and the maintenance of peace among sailors and fishermen. It may be supposed that these rough sailors were both corrupt and inefficient. "I must be a pretty sort of a judge if I could not do justice to myself," said one west country sailor, when charged with delivering an interested judgment. At the close of the season the judges disappeared, together with their cargoes of blubber and cod.

In spite of all these drawbacks the island was gradually increasing in reputation. Writers, as well as returned "planters" and visitors, did much to make it known. Thus Sir Richard Whitbourne, to whom reference has already been made, wrote in his "Discourse of Newfoundland" (1622): "Divers worshipful citizens of the City of Bristol have undertaken to plant a large circuit of that country, and they have maintained a Colony of his Majesties subjects there any time those five years who have builded there faire houses, anddone many other good services, who live there very pleasantly, and they are well pleased to entertaine upon fit conditions such as wilbe Adventurers with them." And he quotes from a letter from Captain Wynne of August 17th, 1622: "At the Bristow Plantation there is as goodly rye now growing as can be in any part of England; they are also well furnished with swine, and a large breed of goates, fairer by farre than those that were sent over at the first."

In 1628 Robert Hayman, who accompanied the above-mentioned expedition of 1610, published a book entitled "Quodlibels, lately come over from New Britaniola, Old Newfound-Land," etc. Among the "epigrams" are a number of verses, in which he pays a tribute to leading North American colonizers, sets out the advantages offered by the new colony, and makes many apt and wise observations regarding colonization. The reader will no doubt welcome a few passages, which he may regard—to use Livy's phrase—as "deverticula amoena" in this account of our subject.

To the Worshippful Captaine John Mason, who did wisely and worthily governe there divers yeeres.

The aire in Newfound-land is wholesome, good;The fire, as sweet as any made of wood;The waters, very rich, both salt and fresh;The earth more rich, you know it is no lesseWhere all are good, fire, water, earth, and aire,What man made of these foure would not live there?

The aire in Newfound-land is wholesome, good;The fire, as sweet as any made of wood;The waters, very rich, both salt and fresh;The earth more rich, you know it is no lesseWhere all are good, fire, water, earth, and aire,What man made of these foure would not live there?

To all those worthy women, who have any desire to live in Newfound-land.

Sweet creatures, did you truely understandThe pleasant life you'd live in Newfound-land,You would with teares desire to be brought thither:I wish you, when you goe, faire wind, faire weather:For if you with the passage can dispence [= bear]When you are there, I know you'll ne'r come thence.

Sweet creatures, did you truely understandThe pleasant life you'd live in Newfound-land,You would with teares desire to be brought thither:I wish you, when you goe, faire wind, faire weather:For if you with the passage can dispence [= bear]When you are there, I know you'll ne'r come thence.

In praise of my Newfound-land.

Did some know what contentment I found there,Alwayes enough, most times somewhat to spare.With little paines, lesse toyle, and lesser care,Exempt from tanings, ill newes, lawing, feare....

Did some know what contentment I found there,Alwayes enough, most times somewhat to spare.With little paines, lesse toyle, and lesser care,Exempt from tanings, ill newes, lawing, feare....

To the first Planters of Newfound-land.

What ayme you at in your plantation?Sought you the honour of our nation?Or did you hope to raise your owne renowne?Or else to adde a kingdome to a crowne?Or Christ's true doctrine for to propagate?Or drawe salvages to a blessed state?Or our o're peopled kingdome to relieve?Or shew poore men where they may richly live?Or poore mens children godly to maintaine?Or aym'd you at your owne sweete private gaine?

What ayme you at in your plantation?Sought you the honour of our nation?Or did you hope to raise your owne renowne?Or else to adde a kingdome to a crowne?Or Christ's true doctrine for to propagate?Or drawe salvages to a blessed state?Or our o're peopled kingdome to relieve?Or shew poore men where they may richly live?Or poore mens children godly to maintaine?Or aym'd you at your owne sweete private gaine?

To some discreet people who thinke anybody good enough for a plantation.

When you doe see an idle, lewd, young man,You say hee's fit for our plantation.Knowing your selfe to be riche, sober, wiseYou set your owne worth at an higher price.I say, such men as you are, were more fit,And most convenient for first peopling it:Such men as you would quickly profit here:Lewd, lazy lubbers, want wit, grace, and care.

When you doe see an idle, lewd, young man,You say hee's fit for our plantation.Knowing your selfe to be riche, sober, wiseYou set your owne worth at an higher price.I say, such men as you are, were more fit,And most convenient for first peopling it:Such men as you would quickly profit here:Lewd, lazy lubbers, want wit, grace, and care.

To the famous, wise and learned sisters, the two Universities of England, Oxford and Cambridge.

Send forth your sons unto our new plantation;Yet send such as are holy, wise, and able.

Send forth your sons unto our new plantation;Yet send such as are holy, wise, and able.

The same writer submitted to Charles I. a remarkable "proposition of profitt and honour," in which he unsuccessfully called for the King's help and patronage in regard to the colonization of the island.[27]

In 1637 the Commissioners of Foreign Plantations, who had been appointed three years before, resolved that the old colonial grants had lapsed, and transferred them to new patentees, prescribing, under the new fishing rules made by the Star Chamber (1634), one system and area of control for settlers, and another for fishermen, and restricting their respective activities. The first Governor under this régime was Sir David Kirke, who established himself at Ferryland (1638) with a number of settlers variously estimated at from thirty to one hundred persons. His charter was aliberal one, embracing the whole island, and was the reward of his gallantry in the capture of Quebec. He introduced the practice of levying rent, imposing licence fees, and exacting an excise of 5 per 120 fish on alien fishermen. The convulsions of the Civil War were felt even in Newfoundland, and Kirke paid for his Royalism by the loss, under the Commonwealth, of his noble possession (1651).

What has been described as a period of repression in the history of Newfoundland began with the reign of Charles I. and continued to the end of the eighteenth century. As a recent writer observes: "In the fairy story it is the youngest sister, but the eldest sister is the Cinderella of colonial history. If Newfoundland had experienced only the healthful neglect under which the other colonies prospered, she too would have grown into vigorous life. But a strong and influential class in England was interested in harassing the settlers, in depreciating the resources of the island, and in throwing every obstacle in the way of permanent settlement. This policy came in with Charles I. and continued down to the very commencement of the nineteenth century. Captain Mason, Sir William Vaughan, and Captain Whitbourne had written favourably of the island; but from their day down to 1842, when Sir Richard Bonnycastle wrote his book, every writer described it as barren; in summer gloomy with perpetual fog, and in winter given over to excessive cold and blinding snowstorms. Thewest country people of England, generation after generation, drew from the fisheries of Newfoundland enormous profits, upon which prosperous mercantile establishments and noble families were built up and sustained in England. They considered and called them 'their' fisheries, and their interests required that there should be no resident population to compete in their monopoly, to share the best fishing rooms, and to grow up to be dangerous rivals in foreign markets. The influence of this class upon the government was incessantly exercised in framing regulations and laws to choke the growth of the colony.

"The confused annals of this period can only be understood by remembering the existence of two antagonistic parties, the 'planters' and inhabitants on the one hand, who, being settled there, needed the protection of a government and police, with administration of justice; and the 'adventurers' or merchants on the other, who, originally carrying on the fishery from England, and visiting the island only for the season, needed no such protection for themselves, and had various reasons for preventing its being afforded to the others.

"If the Mother Country had only forgotten the island it would have prospered; but in 1633 the English merchants succeeded in procuring from the Star Chamber rules and regulations drawn solely to advance their own private interests, andthese rules were supplemented always in the same direction, by the same oppressive agency."[28]

At this time the resident population of the island cannot have exceeded a few hundreds, and every step was adopted which a vicious political economy could suggest to keep the numbers down. It was made penal for a settler to dwell within six miles of the shore, for a planter to cut down wood or plant within six miles from the shore, for any planter or inhabitant to take up the best positions in the harbours before the arrival of the fishing-fleet in the spring; and every master who sailed with a crew to Newfoundland was under bond—lest here and there a permanent settler should filter through—to return with his exact complement of hands. Their Lordships of the Committee of Trade and Plantations were not superior to the prejudices of the day, and they resolved in 1675, "That all plantations in Newfoundland should be discouraged ... or that the western charter should from time to time be put in execution; by which charter all planters were forbid to inhabit within six miles of the shore from Cape Race to Cape Bonavista." Equally considerate and attentive were the efforts of the home country to cope with crime in the island. The Star Chamber ingeniously provided that persons charged with homicide, or with stealing to the value of 40s., should be brought home and submitted to thejudicial experience of the Mayors of Southampton, Weymouth, and other specified towns. The discrimination may also be admired which prohibited stealingfrom the fishing nets. It must be supposed that time hung heavily on the hands of the settlers in the intervals of the fishing, for we find at the period much time and industry wasted on petitions to the Committee of Trade, who possibly treated them as Grenville's predecessors are said to have treated the American despatches. The Board of Trade, which inherited the duties and the incompetence of the Committee, proved more complaisant, and was indeed prepared to tolerate permanent settlers to the number of one thousand. A struggle was imminent, if only they had known it, when the presence of a few thousand resolute settlers in Newfoundland would be of high moment to the interests of England.

The life of such as were allowed to remain must have been wild and strange, alternating between the populous alacrity of the fishing season and the hand to mouth struggle of the long winter months. Perhaps the amenities of life were not missed because they can hardly have been known; but the restrictions on building and the absence of local authority must early have given rise to bitterness and discontent. Certainly we must admire the constancy of men who were content to live, a solitary cluster, on the coast, with an unexplored interior and savage inhabitants behindthem, and with no more secure prospect of material progress than a process of undetected squatting on the forbidden ground.

With regard to the plantations that have just been mentioned, reference may be conveniently made here by way of parenthesis to the survival in Newfoundland of certain terminology and customs, which form an interesting connecting-link between the early enterprises and modern usage and practice. In the words of a writer[29]fully conversant with the present conditions of the island: "Because of its early 'plantations,' the word 'planter' is still current in the insular vocabulary, and the 'supplying system' still prevails, the solitary links which connect with these bygone days. A 'planter' in Newfoundland parlance is a fish trader on a moderate scale, the middleman between the merchant, who ships the cod to market and the toiler who hauls it from the water. 'Plantations' are yet interwoven with local tradition, and show on ancient maps and charts. The tenure of some has never been broken; the names and locations of others are perpetuated in the existing fishing hamlets which dot the shore line. Under the 'supplying system' the merchants and planters 'supply' the fisherfolk each spring with all the essentials for their adequateprosecution of the industry, and when the season ends, take over their produce against the advances, made them six months before. The 'merchants' are the descendants of the early 'merchant adventurers' who exploited the new-found Colony."

[23]Op. cit., p. 42.

[23]Op. cit., p. 42.

[24]Stanford's "Compendium of Geography and Travel" (new issue): North America: vol. i. Canada and Newfoundland. Edited by H.M. Ami (London, 1915), p. 1009.

[24]Stanford's "Compendium of Geography and Travel" (new issue): North America: vol. i. Canada and Newfoundland. Edited by H.M. Ami (London, 1915), p. 1009.

[25]See Rogers,op. cit., pp. 59seq.

[25]See Rogers,op. cit., pp. 59seq.

[26]Ibid., p. 59.

[26]Ibid., p. 59.

[27]See article by G.C. Moore Smith, in "English Historical Review," vol. xxxiii. (1918), pp. 31seq.

[27]See article by G.C. Moore Smith, in "English Historical Review," vol. xxxiii. (1918), pp. 31seq.

[28]Stanford's "Compendium," pp. 1010, 1011.

[28]Stanford's "Compendium," pp. 1010, 1011.

[29]P.T. M'Grath, "Newfoundland in 1911" (London, 1911), p. 46.

[29]P.T. M'Grath, "Newfoundland in 1911" (London, 1911), p. 46.

In the reign of Charles I. a duty of five per cent. had been imposed on the produce of all foreign vessels engaged in the Newfoundland trade. Twenty-five years later the French under Du Mont, then proceeding to Quebec with a contingent of soldiers and colonists, established a settlement at Placentia, on the southern coast, fortified it, and made it the seat of a resident Governor. They continued, however, to pay the duty in recognition of English sovereignty. Charles II. abolished the duty to oblige his French patron, and with the abolition began the history of French aggression. Very soon after their establishment the French settlers repudiated England's sovereignty over the south parts of Newfoundland, and from time to time strengthened their colony by bringing over bands of French immigrants. It was clear to many that the extension of French power in Canada and Newfoundland was a serious menace to the English fisheries and settlements: leading statesmen, however, refused to recognize the danger, and believed that if any really existed, the systemof convoys would obviate it. The convoy-captains, enlarging the sphere of their regular activities, saved the colony, and during their intermittent visits took upon themselves the functions of governors, and effectually prevented the diffusion of anarchy. The Governors of the French colony made their presence felt more than the English settlers could tolerate; they interfered with them unduly, engaged in privateering expeditions and land forays against them, destroyed their property, and burned down their houses. Indeed, more than one French Governor conceived the notion, with the sanction of the King of France, of putting an end entirely to English colonization in the island. "The encroachments of the French," said William III., in his Declaration of War, "on His Majesty's subjects trading and fishing there, had been more like the invasions of an enemy than becoming friends, who enjoyed the advantages of that trade only by permission." With the outbreak of war came in sharp succession the attacks of Chevalier Vesmond, and of Burrill, beneath the latter of which all the island but Bonavista and Carbonier succumbed.

The Treaty of Ryswick in 1697 was signed before the French had been dislodged. Under its terms the invaders surrendered their conquests and retired to the territory in the south-west, of which they were in occupation when the war began. The anomaly of their claims, passed over in silence bythe Treaty, was certain to be the source of mischief. In the language of Mr Pedley, "Over a territory of some 200 miles in extent, belonging to the British sovereignty, they had built up imperceptibly an almost undisputed dominion." Five years after the Peace of Ryswick war broke out again. An English squadron under Admiral Sir John Leake destroyed a number of French fishing-vessels between St. Pierre and Trepassey (1702), and in the following year Admiral Graydon failed to reduce Placentia, owing to sickness, bad weather, as well as want of resolution. In January 1705 the French in retaliation surprised and captured St. John's. From this point they overran the English settlements, Carbonier once again weathering the storm, and abandoned themselves to depredation and devastation, as they had done in the conflict a few years before.

The Treaty of Utrecht in 1713 found the French still in possession. The provisions of this Treaty require careful consideration. Full sovereignty over the whole of Newfoundland and the neighbouring islands was declared to belong to England. Placentia was to be handed over. Article XIII. of the Treaty contains the following provisions:

"Nor shall the most Christian King, his heir and successors or any of their subjects, at any time hereafter lay claim to any right to the said island.... Moreover, it shall not be lawful for the subjects of France to fortify any place inthe said island of Newfoundland, or to erect any buildings there, besidesstages made of boards, and huts necessary and useful for drying of fish, or to resort to the said island beyond the time necessary for fishing and drying of fish. But it shall be allowed to the subjects of France to catch fish and to dry them on land in that part only which stretches ... from Cape Bonavista to the northern part of the said island from thence by the western side as far as Cape Riche."

The fishing concession to France herein contained was wholly inexcusable. The latter country was in no position to refuse terms, and an absolute reservation of all fishing rights should have been insisted on in the interests of the colony. A culpable Ministry, short-sightedly regarding Newfoundland as little more than a fishing-station, chose rather to make a graceful concession, and we inherited the consequences in our Newfoundland Fisheries controversy with France, which lasted for nearly two centuries. However, the half century following the Treaty of Utrecht—an important turning-point in the history of the colony—marks a period of progress; and after another Anglo-French conflict, from which the English emerged victorious, we find in the ensuing half century the establishment of a definite policy of colonial permanence.

The abuses connected with the admirals' jurisdiction had been partially corrected by theauthority, on appeal from them, of the King's commanders stationed off the island. Still, the evils were very real, and extorted recognition even from the gang of west country monopolists who strangled for so long the growth of the island. We find a recommendation offered by them to the Board of Trade with astounding assurance, that the 3000 odd men, women, and children, who by this time composed the population of Newfoundland, "should be encouraged to settle in Nova Scotia—as they might be of service there, where inhabitants were wanted."

The colonists themselves had other and better remedies. A spontaneously elected Assembly passed ordinances which attest the sincerity of the general desire for reform. In 1728 the informing zeal of Lord Vere Beauclerk elicited a decisive step from the Board of Trade, and Captain Henry Osborne was appointed the first Governor of Newfoundland (1729), with authority to appoint justices of the peace. Even at such a moment the cloven hoof of prejudice peeped through, and Osborne and his justices were explicitly warned to interfere in no way with the privileges of the admirals, as defined by 10 and 11 William III. Governor Osborne addressed himself to his duties with great energy. He appointed justices and constables, carved the island into districts, and erected prisons and stocks. His influence was weakened by his departure when the season ended,for till the nineteenth century the governors, like the fish, were migratory. A tedious quarrel followed between the justices and the admirals as to the limits of their respective jurisdictions; the admirals, whose wits seem to have been sharpened by judicial practice, insisting that their own authority was derived from statute, whereas that of the justices merely rested upon an Order in Council.

In 1749 the great sailor Rodney, then a commander in the Navy, was appointed Governor. He distinguished himself by a humane consideration for the interests of the fishing servants. His answer to a petition from the merchants for permission to lower the contract rate of wages, in view of the badness of the season, has often been quoted, and is pleasant to read:

"Mr Drake and myself would be glad to ease the merchants in all that lay in our power, but we are by no means capable of acting as desired, to serve any people whatever. I have only one question to ask, namely: 'Had the season been good in proportion as it has proved bad, would the merchants or boat-keepers have raised the men's wages?'"

In 1750 came another advance. Commissioners of Oyer and Terminer were appointed for the island; that is to say, persons authorized to "hear and determine" on capital felonies committed in Newfoundland. This change ended thecostly farce by which such persons were sent to England for trial. Seven years of development followed, to be broken by the long struggle between England and France, which the splendid genius of Pitt inspired and directed. He not only "conquered America in Europe" by the prodigal carelessness with which he poured subsidies into the treasury of Prussia, but he conceived and delivered in America itself a death-blow to French ambition. In 1758 Amherst and Wolfe, with a fleet of 150 vessels, were sent to attack Cape Breton, and after assaulting Louisbourg, the capital, received the submission of the island. In 1759 came General Wolfe's night assault on Quebec, and the unforgettable battle in which he lost his life. The only French success was gained at the expense of Newfoundland, for St. John's surrendered to an adventurous French expedition under Count d'Haussonville in June 1762. Admiral Lord Graves, the Governor, who was on his voyage from England, received the news in time to prevent him from landing. He vigorously concerted a plan of attack with Admiral Lord Colville, who was in command at Halifax, and after a lively investment the French garrison, numbering 700 or 800 strong surrendered on terms (September 20th, 1762), but the French Navy managed to escape, thanks to a fog.

The Treaty of Paris in 1763 brought the war to an end. Its course had afforded one moreopportunity of simplifying the condition of the fishing industry. The English Ministry, under the nerveless guidance of Lord Bute, omitted to seize it, and the Newfoundland clauses of the Treaty of Utrecht (which had granted to the French fishery and drying rights on the coasts between Cape Bonavista and Point Rich) were confirmed, notwithstanding the fact that the English settlers had extended their occupation as far north as Twillingate, and French fishermen had not for three decades previously been further south than Fleur-de-Lys and White Bay. One clear, protesting voice was heard. "I contended several times in vain," said Pitt, "for the whole exclusive fishery, but I was overruled—I repeat, I was overruled, not by the foreign enemy, but by another enemy."

The House of Commons, under George III., was a corrupt and discredited body; and the Treaty of Paris was affirmed by 319 votes to 65. It had fallen to the lot of Governor Palliser—a fine reactionary in the view he took of his charge—to frame local orders for carrying out the provisions of the Treaty of Paris. His orders were clear and unambiguous. The French right of fishing within the permitted area was declared to be concurrent. The English jurisdiction was affirmed except in disputes between French subjects.

Between the capture of French America and the revolt of the older English colonies a fewyears of peace intervened. Cook, the great discoverer, who had served under Lord Graves in Newfoundland in 1762, spent the four years from 1763 to 1767 in an invaluable survey of the island, wherein he showed for the first time its correct shape, and glancing inland foretold for it a great mining future. The annexation of Labrador, affected by the proclamation of October 7th, 1763, added to the area and importance of the colony.

It would be unreasonable to look for religious enlightenment in the early history of Newfoundland. "Coelum non animum mutant qui trans mare currunt": there was little tolerance in the England of the eighteenth century, and even the New England settlers had shamed their faith by outrages on the Quakers. In Newfoundland religious feeling ran high, as it has so often done when Roman Catholics and Protestants live side by side. The Roman Catholic element in Newfoundland, though a minority, was considerable in numbers: for the sorrows of Ireland had brought many of her children from one sorely tried island to another. The Protestant majority, forgetting the tradition of Lord Baltimore, abused their supremacy. Heavy fines were inflicted on priests for holding services, and the scenes of their ministrations were burned to the ground. Mr Pedley quotes a letter, written by Governor Dorrell, to a bench of magistrates in 1762:

"Whereas I am informed that a Roman Catholicpriest is at this time in Harbour Grace, and that he publicly read Mass, which is contrary to law, and against the peace of our Sovereign Lord the King; you are hereby required and directed, on the receipt of this, to cause the said priest to be taken into custody, and sent round to this place. In this you are not to fail."

Mr Pedley quotes a letter from Governor Bonfoy to certain justices, which grimly illustrates the prevalence of crime in the eighteenth century:

"Whereas I think, for the good of this island in general, that gallows should be erected in the several districts, in order to deter from their robberies a parcel of villains, who think that they can do what they please with impunity.... You are, therefore, hereby required and directed to cause gallows to be erected in the most public places in your several districts, and cause all such persons as are guilty of robbery, felony, or the like crimes, to be sent round to this place in order to take their trial at the annual assizes held here, as I am determined to proceed against all such with the utmost severity of the law. Given under my hand at St. John's, the 12th of October, 1754."

Newfoundland was naturally affected by the rebellion of the American colonies. Of these Montcalm, in 1758, had written with rare insight: "The several advices I daily receive assure me England will one day lose her colonies. As to the English colonies, one essential point shouldbe known: it is, that they are never taxed. The Mother Country should have taxed them from the foundation; I have certain advice that all the colonies would take fire at being taxed now."[30]The expulsion of the French from America had already lessened the dependence of the colonies upon the home country, when the House of Commons directed its corrupt and blighting attention to the English colonial system. The Stamp Act was passed in 1764, and repealed in 1766. In 1768 came Charles Townshend's mischievous duty on tea; and the American Congress met at Lexington in 1774. At this time the resident population of Newfoundland amounted to over 12,000[31]and it was soon realized that the colony would be gravely affected by the outbreak of war. Congress at once prohibited all trade with the English colonies. The seriousness of this blow was extreme, for Newfoundland was largely dependent upon the American trade for the necessaries of life. Want and tempest worked together for ill, and the year 1775 is one of the blackest in the history of the colony. The treaty with France in 1778 brought to the American colonists a success which their resources and, it must be added, their resolution could hardly have won alone, and once more exposed Newfoundland to European attacks. Itwas protected by the energy and resource of Governor Montague.

In 1775 came the very important Act known as Palliser's Act. This statute was based on the old selfish and restrictive view that Newfoundland should be a training ground for the Navy, and a place of trade, not a permanent settlement. Bounties were given to the fishing industry, and stringent measures were provided to ensure that masters trading to the island should return with undiminished crews. The privilege of drying fish was to be enjoyed only by such of the King's subjects as sailed to Newfoundland from Great Britain, or from one of the British dominions in Europe.

An interesting light upon the economic condition of the colony is thrown by the following figures:


Back to IndexNext