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Down North on the Labrador Circuit:
The Court of Civil Jurisdiction 1826 to 1833
by Nina Jane Goudie
The Effects of World Events on Newfoundland
The wars also disrupted the migratory fishery between England and Newfoundland. Vessels and their crews were reallocated to the war effort. Merchants used to hiring migratory fishermen on a seasonal basis were forced to rely on local workers. The resident fishery grew and, as it turned out, forever ended England's migratory fishery: the number of British fishing ships decreased from 276 in 1792 to 49 in 1817. In 1832 only five ships were reported to be fishing in the area.22
Against a decreasing number of visiting fishing ships and bye boats, vessels owned by local planters increased annually. The wars also interrupted the traditional migration of people from Newfoundland to the United States. Since the Palliser era of the 1760s, any year there was a poor fishery in Newfoundland, hundreds of inhabitants migrated to New England and, presumably, employment. However, during the war years the United States was inaccessible — Newfoundlanders had little choice but to stay on the island. This may have contributed to an increase in the resident population, most notably an increase in the number of women and children. Between 1811 and 1830 the inhabitants grew by 24,000, to over 50,000 souls. By 1836 there were over 70,000, reflecting a 25% increase over the census of 1827.23
Out of shifting settlement patterns evolved a restructuring of the merchant-fisherman relationship. With the migratory fishery all but gone, the demand for local labour increased. Wages were good: fishing masters made up to £50 a season; skilled workers such as splitters, salters or headers as well as old hands, £30; young hands, £22; youngsters, £18. The promise of work and good pay attracted an influx of working class immigrants, mostly from Ireland. Between 1801 and 1816 the number of Irish Catholics on the island tripled, making up half the population. In St. John's and along the Southern Shore, Catholics outnumbered Protestants by two to one. The dilution of the Protestant majority concerned colonial administrators and would alter the harmony that had been present in Newfoundland for so long.24
Regardless of religious persuasion families became heavily involved in the fishery. The financial demands on merchants for cash wages stretched their resources to the point where remuneration changed from a cash wage to a credit or truck system. This system essentially meant that uncaught fish belonged to merchants. Merchants provided credit to fishermen that enabled them to purchase the necessary equipment and supplies to fish as well as provide food and clothing for their families. When the catch was returned, the merchant would credit the fisherman for the value of the catch. The downside was that the merchant determined the price of the fish as well as the price of supplies. It was inevitable that in time this system would come under question.25
Tub Harbour, Labrador
Tub Harbour by George E. Gladwin, ca. 1877.
From Charles de Volpi, Newfoundland: a Pictorial Record (Sherbrooke, Quebec: Longman Canada Limited, ©1972) 147.
 with more information (71 kb).
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The perceived hiatus from dependence on England during these booming times would have been a liberating experience for everyone. The economic boom was particularly felt in St. John's, the commercial and administrative centre of the island. It was home to the resident governor after 1818, the Supreme Court, the Law Society, the island's newspapers and the garrison and militia. Many firms had centralized fishing operations there. Society necessarily diversified — there were doctors, lawyers and government officers as well as a host of tradesmen such as coopers, carpenters, shoemakers and shopkeepers. By the early 1800s St. John's boasted a public hospital, public and private schools, library, post office and printing press. Cultural activities such as horse races, theatre, book clubs and poetry readings were available. Political speeches and associated rhetoric were also on the rise.26 St. John's was a bustling metropolis.
Rigolet
Rigoulette [sic] by George E. Gladwin, ca. 1877.
From Charles de Volpi, Newfoundland: a Pictorial Record (Sherbrooke, Quebec: Longman Canada Limited, ©1972) 150.
with more information (98 kb).
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Newfoundland's economic bust occurred after 1815 when the wars ended. Fishing rights off Newfoundland were returned to the French and Americans and international competition resumed as before. According to Shannon Ryan, the economic downturn that resulted was one that Newfoundland struggled against for half a century. In contrast with the early 1800s, the 1820s were rife with discontent. Many of the workers that flocked to Newfoundland during boom times found themselves out of work and destitute. The years leading up to 1820 were particularly difficult with bankruptcy, unemployment, and civil unrest. Newspapers regularly contained notices of companies which had failed and foreclosures on mortgages. Civil unrest was due in large part to the overwhelming power the merchant class had developed over fishermen. The merchant credit system proved to be flawed. The conflict of interest inherent in its structure fueled the resentment and distrust of fishermen and they lobbied for a return to cash wages. The legal system also came under attack because merchants were often part-time magistrates. Since the vast majority of cases involved fishermen suing merchants or vice versa, the cases raised the perception of bias. Civil unrest also came in the form of religious tension. After a long established harmony among religious groups, Catholics and Protestants were at odds. By the 1820s, in response to concerns expressed by governors to the Colonial Office, the annual stipend to the Roman Catholic bishop and any other monies to support initiatives of the Catholic Church were discontinued. Further infuriating to locals was the fact that surrogate judges were overwhelmingly Protestant. In a relatively short period of time, the country became deeply divided along class and religious lines.27
Up to 1818 the seasonally resident naval governor appointed by the Royal Navy ruled. There was no elected assembly or nominated council to administer or assist before 1824. The governor's priorities were set by the Colonial Office in England, on whom he depended for the funds required for administration of the island. There were no taxes and all capital and other expenditures had to be pre-approved by Parliament.28 In the eyes of the residents political reform became more and more attractive. According to Gertrude Gunn, the parliamentary model came to have an almost “hypnotic power” as the cure-all for their woes.29 Labrador was far removed from those debates.
The administration of law was well ensconced in St. John's as well as in most communities. The system was based on English law adapted to local custom, as need required. Up to 1824, day-to-day activities of the legal system were overseen by a Chief Justice who operated out of St. John's in conjunction with justices of the peace or magistrates resident in communities throughout the island. Magistrates and court officers were an arm of the island's central administration and fulfilled municipal functions: tax collector, welfare officer, and, at times, performer of marriages. Constables were hired on an ad-hoc basis.30
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