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know any peace from the West Country fishennen. This conniet of inieresl explains
57
ewfoundland's unique example ofdeliberately retarded colonization.
The colony grew in spile of the home government and without any fannal or
institutional organization. As the number of residents increased, clashes occurred between
them and lhe visiting fishennen. Unfailingly, these turned to the advantage or the latter.
The migrant fishermen had law and economic power. They were backed by the
government, which continued to regard Newfoundland as "a great ship moored near the
Banks during the fishing season, for the convenience of English fishennen,"l The
residents had no rights for the simple reason that there was no resident legal system on the
island. Whereas in the mainland colonies laws had been created to encourage setllement,
the delibenlle absence of any civil institution in ewfoundland was meant to discourage it.2
The migratory fishery had managed to counter the attempts of the successive plantation
governors 10 pass resident laws. Without any legal system locally, criminal matters were
brought \0 the law courts back in England, and to settle disputes within the fishery it was
granted by custom that the first captains to arrive in a harbour had full authority in the place
as "fishing admiral." These sea captains were hardly qualified in mailers of law and
justice. As their presence on the island was only temporary, justices of the pence nlso cnme
to be appointed to act as local magistrates during their absence. Because the population
remained small, fornlal government was not felt to be necessary, and even with the gcxxt­
will of the home government, the scattering of the population and the lack of good
communications made law impossible to enforce. 3 Eventually, the naval convoy
commander was given a commission to be governor and Commander-ill-Chief in
Newfoundland with full civil as well as military authority. The merchants Slopped their
opposition to this innovation for, being the only literate and influential men ashore, they
and their agents became lhe magistrates, and now dealt with every matter which came
before them, and were sitting on a year-round basis. As they often had personal interest in
the most common cases of smuggling and debt, the settlers' rights were still no better
defended. 4 As contemporary missionary accounts reveal, the populatiQn, throughout the
I As reponed before the House of Commons by an Under-Secretary of Slale in 1793, and
quoted by Slory, "Newfoundland" 13, himself quoting from D.W. Prowse, I/istory of
Newfoundlllnd (London: Macmillan, 1895) xix.
2Malthcws, "The Growth of Law in Newfoundland until 1700," Lectures 90.
3Matthews, "Beginnings"64.
4 Matthews, "The Creation of a Governor and Resident Magistrale in 1729," Lectures 97 and
101-2.