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 .t, 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, an J 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 tune 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 Burriu, beneath the latter of winch all the island but Bona vista and Carbonier succumbed.

The Treaty of Ryswick in 1697 was signed before the French had been dislodged. LTnder its terms the invaders surrendered their conquests and retired to the terrtory 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 m extent, belonging to the British sovereignty, they had built up ;,npercep-tiblv 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 anytime 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 orect an}' 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 Yere Beaucleik 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 ihe 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, fie 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. Commissioneis 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 Enghsh 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, uot 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 Pailiser— 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 Labradoi, 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 aniraurn 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 Fedley quotes a letter, written by Governor Donell, 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 tins you are not to fail."

Mr Pedley quotes a letter from Governor Bonfuy 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." 1 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 1708 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 2 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:

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 t738, 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. . 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."