JOINT APPENDIX.


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tration of justice on the coast of Labrador (showing that the matter engaged the attention of the Newfoundland Government), it was not until 1863 that a statute was passed establishing a Civil Court again on the coast of Labrador. This Court over which first Judge Sweetland and later Judge Pinsent and Judge McNeil presided, continued in existence until 1874, after which judges were no longer sent to Labrador, since it was felt that the amount of business was not sufficient to justify the expenditure involved. Thereafter justice was administered by justices of the Peace (see, for instance, the 1879 documents in connection with Matthew Fortescue of Rigolet), and in occasional special cases by stipendiaries.

25. The Annual Reports of the Judges, both of the 1826-34 and the 1863-74 periods, show that their work was by no means confined to their judicial duties. Judge Patterson, as one of the Justices of the Court of Sessions established for Labrador in 1826, helped to collect licenses for the sale of liquor and the 6d. a month deducted from the wages of the fishermen employed in the Labrador fisheries for the benefit of Greenwich Hospital.

  His instructions from Governor Cochrane of the 11th August, 1826, directed him in addition to inform himself as to the state- of the fishery, the fur trade, the native inhabitants, the Moravian settlements, the number and stations of any Europeans and Americans remaining during the winter, and generally to collect all the information he could of that imperfectly known country that could in any way tend to the advancement of science or commerce. The same policy, by means of which the Judges were made the pioneers of government, was adopted in the 1863-74 period. Their annual reports, beginning with Judge Sweetland's for 1863, cover census returns, proposals for roads, reports on schools, poor relief, churches, and the fur trade. Judge Sweetland also reported in 1864 on the vegetables grown at North West River, and in 1865 on the salmon fisheries in Sandwich Bay and in the Hamilton Inlet at North West River and the Kinnemichie. Judge Pinsent in 1867, in addition

p. 22

to the matters already referred to, reported on the distribution of medicines, and suggested sending a surgeon each year in the revenue and circuit vessel, and also advocated the establishment of postal communication with St. John's. In 1868 he proposed the appointment of further Justices of the Peace and of one or two laymen to celebrate marriages in the District Sandwich Bay, Hamilton Inlet, and thence northward where there was no resident clergyman. In consequences of this recommendation Thomas Graves, of Rigolet, was licensed on 22nd May, 1869, to celebrate marriages. In 1869 Judge Pinsent urged that it was the duty of the merchants with establishments on the Labrador to make winter provision in the shape of stocks of Indian meal for the resident inhabitants who dealt with them during the summer. In 1870 he made proposals for the permission of exclusive occupation of salmon posts. In 1871 he recommended an extension of the Labrador Mail Service, which had been established in 1870. In 1873 he recorded a visit to North West River, where Mr. Crowdy (who was appointed Government Vaccinator for the Labrador on the 10th June, 1873), vaccinated the Montaineer Indians trading with the Hudson's Bay Company's posts. During the years 1863-74 the vessel which carried the Labrador Judge on his circuit took also the collector of Customs duties, and the judges made constant references in their reports to the collectors' work. The medical man several times suggested by the Judges for the Labrador coast was appointed on the 19th July, 1875, in the person of Dr. William Allen.

26. In 1826 when Judge Patterson was initiating the civil court in Labrador, the collection of revenue there was begun by the appointment of William Langley as sub-collector. He collected £585 18s. 11d. the three years during which he held his appointment. No other officer was appointed until 1831, and again from 1833-1840 no officer was employed on this service, but duties seem nevertheless still to have been collected on the coast of Labrador during this period. In 1840 Mr. Elias Rendell was appointed to collect not only sums due in respect of Imperial Revenue, but also

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colonial duties levied on the Labrador under the Annual Colonial Revenue Acts. The merchants on the coast protested to the Imperial Government in 1841 against the collection of these colonial duties, complaining that the Newfoundland Government had no legal right to impose duties on the Labrador at all, but the Colonial Secretary, Lord John Russell, on the 5th July, 1841, expressed the same view as his predecessor Lord Glenelg had taken in that the Labrador coast as a dependency of Newfoundland was subject to the same laws, whether fiscal or otherwise, to which every part of the island was amenable and that no payment had been exacted which was not strictly due. The Attorney-General for Newfoundland in 1842, after a careful survey of the history of the collection of revenue on the coast, reiterated the opinion previously given by the Colonial Secretaries. In 1850 a Preventive Officer was appointed for the West Coast of Newfoundland and the coast of Labrador, and part of his duty was to secure the due collection of customs revenue. After the establishment in 1855 of responsible Government in Newfoundland the Governor after notice by Proclamation that it was intended to collect revenue there, sent Mr. Prendergast as acting sub-collector to the coast of Labrador in 1856. The Newfoundland Act of 1863, already referred to as establishing a civil court in Labrador, further authorised the Government to collect on the Labrador the same duties as in Newfoundland, the revenue so collected to be applied first towards defraying the cost of protecting the fisheries and of carrying out the objects of the Act, and thereafter to the general purposes of the colony. Objections were taken on constitutional grounds to this Act, but by an Order in Council, transmitted by the Duke of Newcastle as Colonial Secretary to the Governor, the Act was left to its operation on the coast. The Secretary of State at the same time informed the Governor-General of Canada that the Law Officers of the Crown were of opinion that it was competent to the Legislature of Newfoundland to pass laws binding on the Labrador coast. On the 11th August, 1864, at North-West River Mr. Smith (afterwards Lord Strathcona), the Head Agent of the Hudson's Bay Company, without

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hesitation paid the duties payable by the Company, saying that it was not their intention to present any opposition to the payment, the Act having received the Royal Assent. See Mr. Winter's Report of the 26th October, 1864, from which it appears that other traders also, including Messrs. De Quetvill, paid the duties without protest though some continued to resist. The amount collected from the Hudson's Bay Company in 1865 was considerable, and the duties for the year on the Labrador coast from all sources amounted to $3,301, and this total increased in 1866 to $7,900. Again, in 1868, the Hudson's Bay Company seem from Mr. Winter's Report to have paid duties without protest, and thenceforward they have paid regularly and made no protest. (In the same way they have later made the payments required of them under the Newfoundland Profits Tax Act, 1917.) Indeed, no difficulty was experienced in the collection of revenue after 1868 (see, e.g., the Report on the Newfoundland and Labrador Fisheries 1872), except from Revillon Frères, who only started to trade on the Labrador coast some twenty years ago at North-West River and for a time at Muddy Bay near Cartwright, and have always paid duties to the Newfoundland Government under protest.

27. A report of the 24th July, 1821, shows that Captain Martin of H.M.S. "Clinker" was sent by Governor Sir Charles Hamilton to the head-waters of the Hamilton Inlet to report on the conditions of the settlers and Indians there. The same vessel was sent in the same and the following years north of the Hamilton to visit the Moravians. Again in 1879, as appears from the Fortescue documents, Governor Glover thought it necessary himself to visit the Hamilton Inlet in view of the prevailing distress due to the failure of the salmon fisheries. The same documents, together with a letter to Mr. F. C. Berteau from the Colonial Secretary of Newfoundland of the 10th September, 1881, show that the Newfoundland Government was ready to provide money to relieve this distress. The same policy was pursued throughout the bad years that followed.

28. Since the re-establishment of the Labrador Court in 1863 votes of money have been made for

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Labrador services in every session of the Newfoundland legislature, and Acts in relation to the territory have been passed as occasion has required.

  The Revenue Act of 1864 (27 Vict. c. 1) provided for payment of the collector at Labrador, the Customs Act of the same year (27 Vict. c. 2) included among the customs officials a collector for the Labrador and his sub-collectors, and the Supply Act (27 Vict. c. 17) provided for the sum of £400 towards defraying the expenses of the Revenue cruiser at Labrador. In 1865 in addition to similar sections to the above in the Revenue and Supply Acts, there were in the latter provisions of $200 towards the encouragement of education at Labrador, and of $250 towards providing medical attendance there. By the Indemnity Act of 1867 (30 Vict. c. 20) a sum of $1,296.70 was voted on account of the Labrador Court.

   Such items as those mentioned above reappear annually in the Newfoundland statutes, and from time to time provision is made for new requirements and emergencies; e.g., in and after 1870 for steam communication to Labrador for postal and other purposes (including a special service for the Hamilton Inlet in and after 1907); in several years for poor relief; in 1874 for a retiring pension for Judge Pinsent of the Court of Labrador; in 1882 to regulate the sale of intoxicating liquors on the coast of Labrador; in 1887 for two educational districts each for the Church of England and the Methodists. After 1888 the items for schools and medical attendance show continual increases. In 1911 an Act was passed to prevent the removal of Esquimaux from the Labrador for exhibition purposes without the permission of the Newfoundland Government. This measure was found necessary after the experiences of the Esquimaux from Labrador at the Chicago Exhibition in 1893.

   In 1898 a new system was adopted with regard to financial legislation in Newfoundland, and the various items involving expenditure already mentioned were thereafter included in a comprehensive annual Public Service Act. In 1903 and 1904 money was set aside in this Act for the building of a Customs House at Rigolet.

[1927lab]


 

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