In the unruffled atmosphere of the Privy Council the legal question found its decision.[39] It was laid down that the Crown, by its prerogative, can create a Legislative Assembly in a settled colony, with the government of its inhabitants: but that it is highly doubtful whether the Crown could, if it wished, bestow upon such an Assembly an authority, such as that of committing for contempt, not incidental to it by law. "The House of Assembly of Newfoundland," said Chief Baron Parke, "have not, what they erroneously supposed themselves to possess, the same exclusive privileges which the ancient law of England has annexed to the Houses of Parliament." In 1838 the members of the Assembly were elected for four years, and this term has continued ever since. The colony was destined to pass now through bitter trials. Having secured freedom, after much suffering and oppression, it soon learnt that freedom without common sense and moderation degenerates into licence, and becomes a menace and a terror. The election of representatives was accompanied by scenes of turbulence and disorder: the sense of toleration and compromise was absent. Half of the population were Roman Catholics of Irish descent, in whom rankled memories of ancient wrongs; the other half were Protestants of English descent, long used to ascendency, who were headed by a wealthy commercial class. With the introduction of the new regime old distrusts and hostilities were rekindled, and an unscrupulous press fanned the flames. Religion became mixed up with the political contention; and the evil passions that were aroused, and the outrages that were committed held back for some time the progress of the community and the political development of the colony. * * * * * FOOTNOTES: [34] See _infra_, chap. x. [35] D.W. Prowse, "History of Newfoundland," second edition (London, 1896), pp. 424, 425, 426. [36] Prowse, _op. cit._, pp. 429, 430. [37] _Ibid._, p. 431. [38] Prowse, _op. cit._, p. 434. [39] Kielly _v._ Carson (1842), Moore's Privy Council Cases, vol. iv., pp. 63, 88. CHAPTER VII SELF-GOVERNMENT