Let history look very closely to determine exactly what ROLE Capt. Buchan had in "forging the way for the builders and architects of democracy " in Newfoundland which author FAY examines. For it is the Abuse of Power by Capt. Buchan that is viewed as the main impetus which led Newfoundlanders to call for political reform and some sort of self-government in the 1820s. Perhaps Buchan had a better understanding of the geography of the country than the people. :) Joanne >From Mike McCarthy's "The Irish in Newfoundland" p. 130-131 " The Flogging of James Landergan: Around 1812, the first agitation for some form of elected local government for Newfopundland was begun by Dr. William Carson. Dr. Carson, a Scotsman, was supported by the great majority of Irish, represented by Patrick Morris, an Irish born merchant of St. John's. In the summer of 1819, the leaders for self government took exception to the punishment meted out to James Landergan (Lundrigan) by a surrogate court at Harbour Grace. James Landergan, a fisherman of Irish descent, had a fishing room at Cupids. During a couple of poor fishing ' seasons he became indebted to Graham and McNicoll, merchants of Harbour Grace, to the tune of fifteen pounds. He did managed to reduce the debt to twelve pounds, but in the spring of 1819 was served with a summons to appear in court at Harbour Grace for non-payment of the debt. Landergan ignored the summons and in his absence judgement was given against him, and the court ordered his property seized and sold to pay the debt.The bailiff, Mr. Kelly, seized Landergan's boat in May. Later, while Landergan was absent from Cupids, John Moores, a Harbour Grace constable who lived at Bareneed, served a writ by attaching it to Landergan's fishing room. The bailiff, Mr. Kelly, came to seize the property, but Mrs. Landergan gave him a warm welcome. Surrounded by her small children, musket in hand, she threatened to blow his head off if he didn't get off the property quickly. Mr. Kelly fled the scene. In the meantime the court sold Landergan's property, worth an estimated 100 pounds, to D. Graham for twelve pounds to cover the debt. On July 5, 1819, Landergan was served with a summons to appear at a surrogate's court at Port de Grave on July 6, to answer to a contempt of court charge for not appearing when summoned to appear in court at Harbour Grace in May. He was arrested and brought before the court at Port de Grave where he was found guilty as charged and ordered to receive thirty-six lashes. The prisoner was tied to a flake and flogged by the boatswain of H.M.S. Grasshopper. After fourteen lashes Lan-dergan fainted, and Dr. Richard Shea, the surgeon at Port de Grave, asked that the flogging be stopped. Landergan agreed to hand over his property without any further trouble and the court rescinded the remaining lashes. Civil Suit for Trespassing: This, however, was not the end of the case, for Landergan sued the two surrogate judges, Captain David Buchan R. N. of H.M.S. Grasshopper and the Reverend John Leigh, the Escopalian Missionary of Harbour Grace, for trespass. They now became the defendants. During the trial Dr. Shea gave evidence in support of Landergan: . . . was present at the Surrogate Court held there by the defendants in July last. Plantiffwa sentenced to receive 36 lashes for contempt of court in not attending according to order. Mr. Leigh silenced the plantifF and turned to Capt. Buchan who seemed to assent. The plantiffwas removed from the court and held by the wrists and legs to a stake where he received 14 lashes and fainted. He was flogged by a man belonging to the Grasshopper, with a cat o 'nine tails. ^ The jury-as instructed by the judge-found in favour of the two surrogate judges but expressed "their abhorrence of such unmerciful and cruel punishment for so trifling an offence." The people of Newfoundland, outraged by the whole affair, showered the governor with petitions demanding changes in the administration of law in Newfoundland. Carson seized on the Landergan case to press for legal and political reform. No other single cause united the people in their demand for some form of self-government as did the Landergan case. (footnote for FAY p.114) At a meeting in St. John's on November 14, 1820 Carson, supported by Patrick Morris, Henry Shea, Timothy Hogan, Patrick Doyle, John Ryan, Thomas Burke, Lewis W. Ryan and others agreed to pay Landergan's court expenses and also expressed their determination to form a committee to petition the British Government for legal reform. In support of this demand a petition was presented in the British House of Lords in 1821. As a result, the question of some form of self government began to be considered by the British Government. Surprised by the outrage of the general public, Reverend Leigh stated in November of 1820 that the punishment was inflicted "from unfortunate circumstances of gross misrepresentation" and that it was intended to indemnify Landergan by purchasing his fishing room and restoring it to him and his family" From: "Lloyd Rowsell" <lgrowsell@yahoo.com> To: <NFLD-LAB-L@rootsweb.com> Sent: Saturday, October 18, 2003 6:15 PM RE: 1718 Map of Newfoundland from Cape St. Mary to Cape Lahun > excerpts from the 1955 lectures of C.R. Fay published in 1956 > pages 70 and 71 > > Never has a little country--little in population, if not in > size--had such adequate persons to serve it as such a juncture: > James Cook, cartographer and naval explorer: George Cartwright, > the homesteading pioneer of the Labrador: David Buchan and > William Cormack, the explorers of the hinterland and would-be > guardians of its contents. These four disclosed and delineated > the limits of Newfoundland (including Newfoundland-Labrador). > And they prepared the way for builders of another--architects of > justice and democracy. > But before we come to the first and greatest of the > master-builders,