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The Constitutional Crisis of 1889 in Newfoundland

Published online by Cambridge University Press:  07 November 2014

Harvey Mitchell
Harvey Mitchell*
Affiliation:
Memorial University of Newfoundtond
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Extract

The constitutional crisis of 1889 in Newfoundland offers an excellent example of what may occur when a governor, in the full belief that he is adhering to the strict observance of his constitutional position, yet manages to defy its limits, bring it into disrepute, and earn the opprobrium of nearly all concerned. That the Governor of Newfoundland did so, as the unsuspecting instrument of a political struggle, points up the dangers of appointing to high office men with little or no appreciation of the duties and responsibilities they are called upon to assume. The crisis of 1889 proves above all the importance that must be attached to the choice of men of good intelligence, even temper, and flexibility. When to insist on the exercise of his prerogatives and when to desist are questions that a governor can only solve by considering as far as possible the results of the choice he makes. A very difficult decision, admittedly, but one which will primarily depend on the governor's tact, influence, articulation, the vital features of his official personality. There is no need to stress the importance of the problem discussed below; the list of constitutional authorities who have studied similar questions is an impressive and well-known one.

The Governor in question was Sir Terence O'Brien, a military man who had qualified as an engineer and surveyor in India, had for some years been Inspector General of Police in Mauritius, and, immediately before coming to Newfoundland in 1889, had served as Governor of Heligoland. His immediate concern in Newfoundland was, as befits a man with military experience, the fortification of St. John's against attack in the event of a global conflict which he saw as imminent; but this project was fated to suffer the indifference of a government that did not share his views. In November, 1889, the Governor's attention was abruptly diverted from his scheme of defence to a situation that appeared quite normal and might have remained so but for a combination of events that he grasped only imperfectly.

Type
Research Article
Information
Canadian Journal of Economics and Political Science/Revue canadienne de economiques et science politique , Volume 24 , Issue 3 , August 1958 , pp. 323 - 331
Copyright
Copyright © Canadian Political Science Association 1958

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References

1 Newfoundland Archives, Governor's Office (CO.), Letter Book of Governor's Secret and Confidential Despatches to Colonial Office, 1884–90, O'Brien to Knutsford, Nov. 14, 1889. All manuscripts cited, unless otherwise stated, are from the Newfoundland Archives.

2 Ibid., O'Brien to Knutsford, Dec. 10, 1889; Public Record Office, Colonial Office (CO.) 194/213, Thorburn to O'Brien, Dec. 10, 1889.

3 C.0.194/213, Whiteway to O'Brien, Nov. 19, 1889.

4 Ibid., O'Brien to Thorburn, Nov. 20, 1889.

5 Ibid., Thorburn to O'Brien, Nov. 22, 1889.

6 G.O., Governor's Miscellaneous Papers and Despatches, 1888–9, Governor's précis of remarks addressed to Executive Council, Nov. 28, 1889.

7 Journal of the Assembly of Newfouundland, 3rd Session of 12th General Assembly, x.

8 C.0.194/213, Whiteway to O'Brien, Nov. 18, 1889.

9 Ibid., Whiteway to O'Brien, Nov. 19, 1889.

10 G.O., Governor's Miscellaneous Papers and Despatches, 1888–9, Whiteway to O'Brien, Dec. 4, 1889.

11 Ibid., O'Brien to Thorburn, Dec. 4, 1889.

12 Ibid., Thorburn to O'Brien, Dec. 4, 1889 (my italics). 13C.0.194/213, O'Brien to Whiteway, Dec. 4, 1889.

14 G.O., Governor's Miscellaneous Papers and Despatches, 1888–9, Whiteway to O'Brien, Dec. 5, 1889.

15 Ibid., Whiteway to O'Brien, Dec. 7, 1889.

16 C.0.194/213, O'Brien to Thorburn, Dec. 7, 1889.

17 The resignation actually occurred on Dec. 16, 1889.

18 G.O., Governor's Miscellaneous Papers and Despatches, 1888–9, Thorburn to O'Brien, Dec. 10,1889.

19 G.O., Letter Book of Governor's Miscellaneous Despatches, 1888–95, Blake to Thorburn, April 2, 1888. Governor Blake had remonstrated with Thorburn for having made decisions without bringing them to his attention at the Council meetings.

20 G.O., Letter Book of Governor's Secret and Confidential Despatches to Colonial Office, 1884–90, O'Brien to Knutsford, Dec. 10, 19, 1889.

21 C.O.194/213, Thorburn to Knutsford, Dec. 24, 1889.

22 Of course the Governor had the duty to suggest and advise on all matters of Imperial interest.

23 G.O., Secret and Confidential Despatches to Governor from Colonial Office, 1890, Knutsford to O'Brien, Jan. 30, 1890.

24 C.O.194/214, O'Brien to Knutsford, Feb. 24, 26, 1890.

25 For a consideration of Grey's dispatch see Evatt, H. V., The King and His Dominion Governors (London, 1936), 25–7.Google Scholar

26 If the Governor had accepted Thorburn's advice, the Legislative Council would have been composed of nine Thorburn men as against six Whiteway men.

27 C.0.194/214, minute of May 3, 1890.

28 Ibid., minute of May 17, 1890.

29 Ibid., minute of May 19, 1890.