JOINT APPENDIX.

Page 19
sponsored by
Dr. Evan Simspon,
St. John's, NL


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ence to the Province of Quebec duties and responsibilities in those parts of Labrador formerly within the jurisdiction of Newfoundland, while the Province of Quebec in fact exercised no jurisdiction there. The responsibilities of the Governor of Newfoundland in the area referred to appear not only from the terms of the instructions to the various Governors during the period, but also from the instructions given on the 28th April, 1775, by the Earl of Dartmouth to the Lords of the Admiralty for transmission to Rear-Admiral Duff (then Governor of Newfoundland) to inspect the fisheries on the coast of Labrador and to protect the Unitas Fratrum, and from the instructions given through Lord George Germain to Governor Montagu of Newfoundland for the protection of one William Thomas in his fishing post on the coast of Labrador. The Governor of Newfoundland had further the duty of controlling the issue of ordnance material for fishermen on the Labrador, and the distribution of arms and ammunition for the defence of Alexis River, Temple Bay, and Chateau Bay - see the letter from Lord George Germain to Governor Edwards dated the 2nd April, 1779, and Governor Edwards' report dated the 12th September, 1779.

16. On the 3rd July, 1778, the merchants concerned in the fisheries on the coast of Labrador in a Petition to Lord George Germain complained that ever since the said coast had been put under the Government of Quebec, no notice had been taken of the area, nor had any steps whatever been taken for the protection and encouragement of the fisheries there, and they pressed for the appointment of a superintendent for these purposes. Lord George Germain, in a letter to the Lords of the Treasury dated the 9th July, 1778, informed them that the King had decided to appoint such a superintendent, and that an allowance was to be made for him on the Quebec estimate. On the 16th March, 1779, Nicholas Coxe was appointed to the post by the Home Government; but as appears from a report enclosed in Mr. Lymburner's letter of the 1st July, 1791, neither the Governor of Quebec nor the superintendent had it in their power to make or enforce a single regulation or rule for the

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coast, as they had no vessel under their direction to carry the persons necessary to see their orders properly put into execution. Indeed, though the Government of the Province of Quebec actively administered the western part of the north shore of the St. Lawrence, nothing whatever was done (apart from the appointment of the superintendent) for the area east of the River Saguenay.

17. On the 9th July, 1784, the Brethren of the Unitas Fratrum pointed out in a dispatch to the Secretary of the Home Department that the missionaries on the Labrador coast were out of reach of the Government of Quebec in every point of view, that no communication, inspection, or protection was possible, and that they had since the annexation to Quebec applied to the Governors of Newfoundland and always found them ready to do whatever was in their power so far as their commission reached. They therefore urged the advantage of reuniting the coast of Labrador with Newfoundland.

SECTION IV. — 1809-1880.

18. The evidence given by John Reeves, Chief Justice of Newfoundland, before the Committee appointed by the House of Commons in 1792 to inquire into the state of the trade to Newfoundland, confirmed the assertions of the Unitas Fratrum referred to in paragraph 17 hereof and supported their conclusion. He pointed out that the influence which the coast felt from a centre so far removed was very small, and that in truth there was no Government whatsoever there. His opinion was that it was the attempt of the Governors of Newfoundland to apply to the seal fisheries the system properly adapted to the non-sedentary cod fisheries, which was the cause of the trouble that gave rise to the Quebec Act. On the 9th September, 1807, Governor Holloway, of Newfoundland, in a dispatch to Lord Castlereagh, suggested the re-annexation of the coast of Labrador to Newfoundland as the most effectual mode of suppressing the illicit trade carried on by the Americans who fished on the Labrador, continuing a practice which they had originally enjoyed as of right when they were British

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subjects. He pointed out that the annexation to Quebec was on account of a few grants to individuals which extended but to a small district. It is curious in view of this explanation that the Imperial Government, when in 1809 they adopted the main proposition pressed on them, did not at once detach from the area re-annexed to Newfoundland the small district covered by the grants, but for whatever reason this correction was not made until the Act of 1825.

19. In 1809 by an Imperial Act (49 Geo. III. c. 27) "such parts of the Coast of Labrador from the River St. John to Hudson's Straits and the Island of Anticosti and all other smaller islands so annexed to the Government of Newfoundland by the Proclamation of the 7th October, 1763" (except the island of Magdalen) were separated from the Government of Lower Canada and again re-annexed to the Government of Newfoundland. The effect of this Act, according to the submission of the Colony of Newfoundland, was to restore to the Government of Newfoundland the areas coloured green and red on the map, marked "A," which will be found in the pocket of this Case.

20. In 1825 by an Imperial Act (6 Geo. IV. c. 59) "so much of the said coast of Labrador as lies to the westward of a line drawn due North and South from the bay or harbour of Anse Sablon inclusive as far as the fifty-second degree of North Latitude with the island of Anticosti, and all other islands adjacent to such part as last aforesaid of the Coast of Labrador" was "re-annexed to and made part of the said Province of Lower Canada." The effect of this Act, according to the submission of the Colony of Newfoundland, was to detach from the Government of Newfoundland the area coloured red on the map, marked "A," which will be found in the pocket of this Case.

21. It will be observed that the Legislature considered that the area to be re-annexed to Quebec was effectually defined by reference to so much of the coast of Labrador as lies to the westward of a line drawn due north and south from the bay or

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harbour of Anse Sablon as far as the fifty-second degree of North latitude. The line so described is itself some forty miles in length, and the area lying to the westward of it, which is by the Act re-annexed to Quebec, involves in some places distances of not less than 120 miles between the sea-shore and the fifty-second degree of North Latitude. Yet the whole of this area is referred to as "so much of the said coast of Labrador."

22. Before turning to the evidence of the active interest taken by Newfoundland in the restored territories a gradual change is to be recorded in the constitutional development of Newfoundland from its original position as a nursery for seamen from Great Britain with settlements prohibited towards the status of a normal and established colony. So early as the 10th January, 1798, Captain Ambrose Crofton, in his report to Governor Walde grave, described the Island of Newfoundland as having "more the appearance of a colony rather than a fishery" by reason of the great number of persons remaining there during the winter and the increase in houses and occupied land. On the 18th November, 1808, Governor Holloway lamented to Lord Castlereagh the development of residency, while Governor Duckworth, on the 2nd November, 1812, assured Earl Bathurst that the fisheries were decidedly sedentary, and that after so long a war he doubted whether any change of the system would be possible on the restoration of peace. He accordingly advocated the permission of the cultivation of land and of grants of land by the Governor. The instructions to Governor Keats in 1813 show how important this question was considered by the Imperial Government, and in the same year this Governor in fact made grants of land at St. John's, while on the 12th November, 1815, High Sheriff Bland, in his report to the same Governor, roundly asserted that if Newfoundland was not a colony in law it was so in fact. Side by side with this constitutional development there was a gradually extending and corresponding development on the coast of Labrador of an established administration for judicial and revenue purposes, and the foundation of religious, educational, and charitable institutions.

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The fishery remained and remains the principal and overshadowing interest both in Newfoundland and in its dependency, and consequently activity was still mainly confined to the sea-shore area; but the system of Government introduced became, as the constitution developed, more consonant with a colony than a fishery.

23. From 1809 onwards the Newfoundland Government found it necessary from time to time to make provision for the administration of justice on the coast of Labrador. The Act of 1809 referred to in paragraph 19 hereof, conferred on the Supreme Court of Newfoundland jurisdiction within the area re-annexed to Newfoundland. Owing to an oversight the Act did not sanction the institution of surrogate Courts there, and it was found necessary to pass in 1811 an Imperial Act, 51 Geo. III. c. 45, to remedy this omission. By an Act of 1824 the Governor of Newfoundland was empowered to institute a Court of civil jurisdiction at any such parts or places on the coast of Labrador as had been re-annexed to the Government of Newfoundland. This Act remained in force until the Court created under it was abolished in 1834 by an Act of the newly-constituted Newfoundland legislature, because the work which it was called upon to do was insufficient to justify the expense of its upkeep. Between the years 1826 and 1834 this Court was actively engaged in the Labrador. Judge Patterson presided over it, and its records show that among the places to which he went to administer justice were various settlements on the Hamilton Inlet between the Narrows and the mouth of the river (e.g., Mullins Cove and Rigolet). In 1828 he arrived on the 19th July at Rigolet for Kinnamish, and on the 22nd July he was at Kinnamish and viewed the salmon brooks in dispute between J. C. Bennet & Co. and J. Baird, while on the 24th he went to North West Brook. Again in 1829 the Court went to Kinnamish and North West Water, but there being no cases then to be heard, returned to Rigolet.

24. After the abolition in 1834 of Judge Patterson's Court, though Bills were introduced in the Newfoundland legislature to deal with the adminis-

[1927lab]


 

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