THE STRUGGLE FOR EXISTENCE
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
system of 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 by the 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 in the said island of Newfoundland, or to
erect any buildings there, besides _stages 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 the authority, 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 the costly 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 more opportunity 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 few years 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 Catholic priest 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
should be 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. It was 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:
Estimate of the sums necessary to pay the salaries of the Governor and
Civil Officers in the Island of Newfoundland from April 1st, 1787, to
April 1st, 1788:
£ s. d.
Salary of the Governor 500 0 0
The Governor's Secretary 182 10 0
The Judge of the Admiralty 200 0 0
The Naval Officer 100 0 0
The Agent 100 0 0
On Account, for Fees on Receipt and Audit 100 0 0
£1,182 10 0
It will be of interest to give here a few figures as to the growth of
the English population in order to show that colonial developments
were proceeding in the right direction. "Residents grew apace, as the
increase of women and children from 612 in 1710 to 1,356 in 1738, and
to 2,508 in 1754 attested. Heads of families accounted for a third
more, so that in round numbers permanent residents were 800 in 1710,
1,800 in 1738, and 3,400 in 1754. The ship's crews of English ships,
for whose sake the older theorists taught that the fisheries primarily
existed, numbered 3,600 in 1738 and 4,500 in 1754, so that they
outnumbered residents, in the strictest sense of the word residents.
But if residents included all those who wintered on the island, they
outnumbered ship's crews during this half-century. On the other hand,
if passengers were added to ships' crews, the visitors outnumbered the
settlers, except when there were war scares....[32] Between 1764 and
1774 residents for the first time continuously outnumbered visitors.
During these years the winter residents, including male hangers-on as
well as settlers, averaged 12,340; and visitors, including
'passengers' as well as ships' crews, averaged 11,876; or excluding
male hangers-on from the one side and passengers from the other side,
residents averaged 5,660 and visitors 5,435. Figures no longer yielded
an uncertain sound. The Rubicon was only just crossed, but was
indisputably and irrevocably crossed. Thenceforth the living-rooms
were larger than the corridors, and political arithmetic pointed at
the permanent occupants as the men of destiny. In 1764 the new tilt of
the balance struck the law officers of the Crown, who wrote that it
was 'disgraceful to suffer' the Act of 1699 'to remain in the Statute
Book' as circumstances had so much changed. This disproportion
increased; and the 12,000 inhabitants of 1764-74 swelled to 17,000 in
1792, 20,000 in 1804, and 52,000 in 1822, without any corresponding
increase on the part of those who appeared every spring and faded away
every autumn, like leaves or flowers."[33]
* * * * *
FOOTNOTES:
[30] Quoted in Egerton's "History of British Colonial Policy."
[31] But see the end of the present chapter in regard to the character
and fluctuations of the population.
[32] For example, in 1745, 1746, 1757.
[33] Rogers, _op. cit._, pp. 122-123, 137-138.