DEGRADING PUNISHMENTS.

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service of inflicting the punishment. This duty was considered to devolve on the constables of the several districts. One magistrate writing to the Governor, attested their unwillingness to discharge this service, though he himself thought it a very proper one, alleging that there are offences for which there is an absolute necessity that corporal punishment should be inflicted; but finding, he says, 'that, a year or two past, the business of whipping being executed by them with a vast deal of reluctance, I endeavoured to get a person to do that duty for them; and meeting with a poor needy wretch, with the assistance of a few guineas, got him to stand on such occasions in the place.'

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But this substitute soon afterwards having given the work in disgust, the magistrate was reduced to the alternative-either to make the constables for the time being do the said duty which others have done before them, or to discharge the most infamous villains with impunity.' He therefore, in the case of an offender whom he had sentenced to be whipped, assigned the task to the three constables, 'by dividing the number of lashes between them according to established custom.' But one of the constables sturdily refused; and the whole work fell to the other two. The non-compliant officer was put in confinement; but his obstinacy was unsubdued. The magistrate reports that he again and again refused, alleging that he had taken an oath never to flog a man. I therefore left him in the state I found him, and refer the case to your Excellency's determination.'

In the same year an important commission of enquiry was appointed by order of the Governor. It arose from the extensive private encroachments on the grounds which by the Acts of Parliament were declared to be public for the use of the fishery, technically called ships' fishing-rooms. In the progress of time there had been a gradual appropriation of this land in the harbour by persons resident in St. John's, who, without any positive title, held possession of it, and left it to their heirs as their own real property. The reason for issuing a commission of enquiry into the matter was, singularly enough, that the king was chargeable with such encroachment. It appears that in 1782, Lieutenant-Colonel Pringle, commandant of the garrison, had caused an ordnance store to be built on the north side of the harbour, and also a wharf running out from the store. In 1783 the store was burned down, and when the question was entertained about rebuilding it, the objection was brought that the place belonged to fishing-ships' room, and therefore, neither the king's store nor the king's wharf had any right to be there.

When the Fishing Admirals entered on the enquiry into encroachments in general, they were met with this difficulty, that no one would give any evidence implicating his neighbours. The first witness 'being called upon, and the oath tendered to him to speak the truth, the whole truth, and nothing but the truth, relative to the encroachments made on fishing-ships' rooms in the Harbour of St. John's, refused to take such oath;' and on being pressed and threatened with

ENCROACHMENTS ON SHIPS' ROOMS.

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imprisonment if he persisted, he declared that he would much sooner be imprisoned than lose his life; for if he were to speak all he knew relative to the encroachments, he was sure that he should be murdered in a few days.' The result of examining other witnesses was equally unsatisfactory, and the Governor's deputy at the head of the commission could give no better account of the work than the following:

I have made it my particular business to enquire into the encroachments made on fishing-ships' rooms, and find that some of the rooms are wholly enclosed and built upon, others, the landing places are shut up, and upon the whole, the encroachments are so numerous, and the people here so averse to speaking to them in public, that I am of opinion, it is next to an impossibility to determine the property of the fishing ships.

There was, however, one exception to this general reluctance in giving evidence on the matter in question. The king seems neither to have been an object of partiality to the citizens, nor to have imposed on their fears. For there was a sufficient number of witnesses to demonstrate, with convincing clearness, that the king's wharf and the king's ordnance store had no business where they had been placed, but were trespassing on the chartered property of the fishery. And it was not until some time afterwards, and in consequence of special directions from the Secretary of State, that provision was made to meet 'the absolute necessity of a wharf and storehouse for the use of the ordnance at St. John's, in the island of Newfoundland.'

Governor Campbell was succeeded by Rear-Admiral Elliot, who is described as discharging the duties of his office with intelligence, prudence, and firmness, notwithstanding that he had to perform a task of great difficulty, and in which he met with much harassing opposition. This work will be noticed in treating on the administrative changes introduced during this period. In the first year of his being at the colony, there occurred a pleasant piece of correspondence between the Governor and His Royal Highness Prince William Henry, then Captain of His Majesty's Ship Pegasus, afterwards King William IV. The Prince's letter is interesting, as showing the respectful subordination characterising the highest personages of the realm in their intercourse with the recognised authorities of the State. The letter from which the extract is taken is dated Placentia Harbour, August 22, 1786:

The reason of my sending this express to your Excellency is owing to the arrival of a Dutch brig bound from St. Eustatia to Rotterdam, loaded with sugar, coffee, and cotton, in very great distress at Little Placentia, at which port she has been regularly surveyed by the carpenter of His Majesty's Ship Pegasus and two others, and reported unfit to proceed to Holland, the report of which survey I have the honour to enclose, signed by the carpenters. And as it is an unusual case, and the Act of Parliament for the better regulating of the Trade of Newfoundland does not provide for vessels in her situation, I thought proper to refer her case to your Excellency, requesting your decision on this head.

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Equally appropriate, characterised by a due sense of the dignity belonging to his own position, is the Governor's reply to this letter. At its close he thus speaks in terms of modest commendation:

Your Royal Highness will permit me to embrace this opportunity of conveying to you my thanks for the very great attention paid by your Royal Highness to such minute points of your duty, and of acknowledging the regularity and propriety with which this particular business has been transacted by Your Royal Highness.

I have the honour to be, &c.

J. ELLIOT.

The expense of the Civil Government of the colony in its higher branches at this period does not appear very great.

Estimate of the sums necessary to pay the salaries of the Governor and Civil Officers in the Island of Newfoundland from April 1, 1787 to April 1, 1788.

On account for fees on receipt and audit. 100 0 0

Total

£1,182 10 0

In a letter addressed by Governor Elliot in August 1788 to Lord Sydney, Secretary of State, he writes:— 'I have the honour to inform your lordship of my

It should be remembered that the Governor was also admiral of the fleet and commodore of the station, which made his position -especially in time of war, when prizes were abundant-a very lucrative one.