CO 194/64 [Reel B-688]

Page

Date

From whom(where)

To whom(where)

Contents or nature of the document

Newfoundland 1821

3

1 Jan 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Reports that there has been a "notice of appeal from the judgement of the Supreme Court of this Island to His Majesty in Council having been given in the case of James Landergan vs. David Buchan Esquire and the Reverend John Leigh." Transmitting "certified copies of the proceedings of both the Supreme & Surrogate Courts on the occasion." Notes from Bathurst on 3v?

5-15

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Official proceedings of the Supreme Court regarding the above mentioned case; Chief Justice Francis Forbes (Landergan accuses Buchan of over-stepping his authority in arresting, judging and punishing him. Charges Buchan with trespass, false arrest, and "tying [him] to a Flake and whipping him". Wants damages of £1,500

17-17v

6 July 1820

Governor Hamilton(Port de Grave)

?

Official proceedings of the Surrogate Court regarding the above mentioned case; Regarding the punishment placed upon Landergan as being unwarranted and extreme. Script is faded but not illegible.

19

5 July 1820

Governor Hamilton(Port de Grave)

?

Official proceedings of the Surrogate Court regarding the above mentioned case; Regarding the punishment placed upon Landergan as being unwarranted and extreme.

21-212v

13 Jan 1821

(Fort Towshend, St. Johnís)

Lord Bathurst

Transmitting Annual report on the returns of the Fishery of the Island of Newfoundland. Two enclosures.

23-23v

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Enclosure # 1: "Return of the Fishery and Inhabitants of the Island of Newfoundland Between the 10th day of October 1819 and the 10th day of October 1820," as well as "Additional particulars respecting the Island of Newfoundland between the 10th day of October 1819 and the 10th October 1820." In addition there is "An Account of the Seal Fishery for the year 1820," as well as "an Account of the Salmon and Herring fishery for the year 1820."

24-24v

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Enclosure 2: "An Account of Goods Exported from the Island of Newfoundland Between the 10th Day of October 1819 and the 10th October 1820," as well as "An Account of Goods Imported into the Island of Newfoundland Between the 10th day of October 1819 and the 10th day of October 1820."

25

15 Jan 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Francis Forbes, Chief Justice on the island has requested a leave of absence and Hamilton intends to grant it unless Bathurst says otherwise.

27-27v

30 Jan 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Regarding a letter he sent to Bathurst on Dec. 19, 1820 concerning a legal case about the appointment of a Mr Noble as a Deputy Naval Officer. Hamilton is now transmitting the court proceedings of that case. He is also sending Mr Carterís petition regarding a claim to the office that Noble held, as it is now vacant, and cites the Acts of the 12th and 15th of Charles the 2nd and other subsequent positions and laws to prove that the claim is valid. Also regarding Carterís willingness to do the job. Previous letters also discuss this issue. Two enclosures.

29-33v

18 Jan 1821

St Johnís

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Enclosure # 1: Proceedings from the Supreme Court at St Johnís, Nfld, regarding a case concerning the Naval Office in Nfld. Contains "Declaration for disturbing Plaintiff in his Office of Naval Officer, and receiving and appropriating the fees of such office." Lists witnesses and a summary of their testimonies, followed by statements of Chief Justice.

35-36v

30 Jan 1821

St Johnís

Henry Goulburn

Letter for Bathurst from Hamilton. The first page is identical in content to the last letter on the 30th. Follows by discussing the roles that former governors have had in the appointment of naval officers. More concerning the case of Noble and Rendell. Would like Bathurstís aid and approbation in the matter. Somewhat difficult to read.

37-40

25 Jan 1821

Peter Weston Carter(St Johnís, Nfld)

Vice Admiral Sir Charles Hamilton

Enclosure in dispatch from Hamilton to Bathurst. This is the "memorial of Peter Weston Carter of Saint Johns in Newfoundland." Regarding a situation in 1804 where the Governor Gower would instruct his Memorialist to perform some of the duties of the Naval Office. Then discusses Nobleís appointment into the Naval Office. Follows with Carterís hope for the appointment which is now vacant. (Must be enclosure # 2 from previous dispatch.)

41v-42

24 Jan 1821

P.W. Carter
(St. Johnís, Nfld)

-

An accounting between Peter Carter and Thomas Stabb. Signed and dated by Peter Carter. Regarding a sum paid to Noble.

45-46

3 Feb 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Was asked by the people of St Johnís to transmit a petition to"be presented to His Majesty though the proper channel." Has forwarded it on but can not agree with the statements or conclusions therein. Attached notes and observations of his own to aid Bathurst. Bathurst recorded notes on both sides of the last page. Two enclosures.

46v-50v

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Enclosure # 1: Addressed to the His Majesty the King (via Hamilton and Bathurst). Document is titled "The humble Petition of the Inhabitants of Saint Johnís in the Island of Newfoundland." Signed by well over 100 petitioners, including some whose names have arisen in past documents and dispatches.

51-60

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Enclosure # 2: Copy of the above petition with notes on certain sections of the petition as given by Hamilton for Bathurstís benefit.

61

18 May 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Acknowledges the receipt of Bathurstís letter dated March 14th and containing the answer to the petition. Indicates that he has transmitted the Kingís answer to the above petition to the Committees of those people involved with the petition.

63-63v

9 June 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Acknowledges the receipt of Bathurstís letter dated the 2rd of March "on the subject of the infliction of Corporal Punishment in the Case referred to, for the contempt of the Surrogate Court directing me to take an opportunity of cautioning several Surrogates against adopting it in future, and to point out to them that the proper mode of punishing contempt of their judicial authority is by the confinement of the individual by whom such contempt may be committed." Indicates that he will do as Bathurst has instructed.

65-68

26 July 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Bringing up the urgency of appointing someone as some kind of law officer in St Johnís, Nfld. This is the last opportunity to bring it up if an officer were going to be able to reach Nfld before the spring of the next year. Mr Cooke, the old Chief Magistrate had done everything involved in that job and taken care of many other duties as well. Hamilton hasnít been able to find anyone since Cookeís retirement who was qualified to do the same job. Reiterates the need for such a replacement throughout. Also indicates a number of cases whereby such a person is needed as soon as possible. Asks that Bathurst will appoint an Attorney General for the island.

69

2 Aug 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Laying before Lord Bathurst a case from the Chief Justice of the island with the Chief Justiceís observations, although Hamilton "cannot coincide in the conclusions he" derives. One Enclosure.

71-78

1 Aug 1821

Francis Forbes(Chief Justice, Nfld)

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Providing a case, accompanied by the views of the court at Nfld, for His Majestyís Law Officers to look at again. Regarding the establishment of Courts of Judicature in Newfoundland. Lists questions of who has authority in certain situations to do or say what. The supreme court feels that it should have more authority in certain things and the Chief Justice lists a number of them and why they should have those specific authorities.

79-81v

6 Aug 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Received a letter from Bathurst who asked him for his specific opinions on the legal case concerning the Naval Office. See numerous letters previously. Reminds Bathurst that he has no one to provide him with legal advice and then continues on with his opinions, citing the actions of his predecessors in some cases. Basically he is trying to deny any legal responsibility in the matter.

83

8 Oct 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Acknowledges the receipt of a letter dated 8 August 1821 from Bathurst and telling Hamilton of the death of the Queen.

85

30 Nov 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Transmitting the "annual report of the Commanding Royal Engineer in the state of the fortifications" in Nfld. One enclosure.

87-88

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Maj. G.G. Lewis, C.O. of Royal Engineers

Sir Charles Hamilton (Fort Townshend, St Johnís)

"Report on the State of the Fortifications at St Johnís Newfoundland." Discusses the fortifications at Fort Townshend, Fort William, Signal Hill, Sea Batteries, the Ordnance Yards, and the Kingís Wharf. (Enclosure from above dispatch.)

89-90

4 Dec 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Sending him his current general account with the Kingís Treasury Department. Lists sums "not included in the annual estimate provided for by parliament or previously sanctioned." One sum of £154.1.5 for repairs to government house. Another sum of £1462.11.11, the "balance due to the High Sheriff of the Island, on the public account, produced by expenses of maintenance and prosecution of prisoners," court expenses, etc. Also transmitting his "Account Current for Rents of Lands leased or granted, on which a Credit balance remains in my hands of £4354.18.7." Three enclosures.

91v-94

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Sir Charles Hamilton(Fort Townshend, St Johnís)

Lords Commissioners of His Majestyís Treasury

An accounting of rents for lands leased and granted. Enclosure in adobe dispatch.

95v-99

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Sir Charles Hamilton(Fort Townshend, St Johnís)

Lords Commissioners of His Majestyís Treasury

General Account Current with the Lords Commissioners of the Treasury ending 26 November 1821. Enclosure in above dispatch.

102-120

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Receipts for payments in Account Current for Rents. 21 rent receipts signed on various dates for various sum and by a number of different people.

121-128

4 Dec 1821

Sir Charles Hamilton(Fort Townshend, St Johnís)

Lord Bathurst

Transmitting "reports of the fishery and inhabitants together with the Exports and Imports of the island of Newfoundland for the year ending the 30th June last." They are done up to that date instead of the 10th of October due to a suggestion Hamilton made in Dispatch 41 of the 10th of January 1821 that was sanctioned by the Board of Trade. Then proceeds with a general discussion of the fishery and other issues of concern such as court issues, instances of distress, foreign affairs, etc. Nine enclosures on various subjects relating to the Island of Nfld.

129-131

24 Oct 1821

Merchants and Principal Inhabitants of St. Johnís

Sir Charles Hamilton (Fort Townshend, St Johnís)

A petition signed by merchants and principal in habitants of St. Johnís, Nfld. Signed by well over 75 people. "Representation from the Merchants and Principal Inhabitants of St Johnís on the subject of the distress of the place" and their desire for aid. (Enclosure in above dispatch.)

133

15 Oct 1821

Francis Forbes(Chief Justice of Nfld)

Sir Charles Hamilton (Fort Townshend, St Johnís)

Copy of letter from Forbes to Hamilton. Forbes was transmitting a statement given to him by the grand jury. Offers his services in the matter should Hamilton require them. (Enclosure in above dispatch.)

135-135v

16 Oct 1821

John Broom JP, James Blaikie. JP, Peter W. Carter JP

Sir Charles Hamilton (Fort Townshend, St Johnís)

Transmitting a public letter received from the Grand Jury regarding the distress of the poorer classes during the coming winter. "Letter of the Grand Jury to the Court of Sessions on the subject of Distress in Newfoundland." (Enclosure in above dispatch.)

137-138

15 Oct 1821

Newman W. Hoyles, Foreman of the Jury

to the Magistrates

More regarding the expected distress of the poorer classes during the upcoming winter. (Enclosure in above dispatch.)

139-140 (B-688) and

140-142 (B-689)

13 Oct 1821

Signed by twenty different members of the Grand Jury

Francis Forbes (Chief Justice of Nfld)

First part of a letter that is continued on the next film. Regarding conditions in Nfld. Poor overseas markets for past two years have caused depreciation in price for fish and oil, which in turn creates great hardship among the poor (though the "industrious" among them manage to get by). Comment on over-population made worse by much immigration. This makes unemployment a serious problem, and encourages "Idleness and wretchedness". Conditions in the outports are worse and drive people to seek relief in St. Johnís, thereby threatening peace there. Recommend people be sent back to countries of origin (England, Ireland), and that steps be taken to block more immigration

Continued on Next Film (B-689)

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Second part of the letter regarding conditions in Newfoundland. The authors bring up such things as laws to prevent strangers from landing at Nfld and a need for the necessities of life. The letter ends with a plea for some assistance due to winters "of extreme wretchedness and distress." They have provided "a representation of what [they] conceive to be the state of this place" and hope that their findings will be considered. This letter from the Grand Jury presents the distresses prevalent in Nfld to the Chief Justice.

143-144v

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"Return of the Fishery and Inhabitants of the Island of Newfoundland" (1 July 1820 to 30 June 1821). Attached is a chart reading "Additional Particulars relative to the Island of Newfoundland for the year ending 30th June 1821." Additionally, there is an "Account of the Seal Fishery for the year 1821," an "account of the salmon and herring fishery," and an "account of the goods exported from the Island of Newfoundland between the 1st July 1820 and 30th June 1821."

145-146v

8 Sept 1821

Captain Nicolas (Egeria, Croque Harbour)

Sir Charles Hamilton

An extract from the original letter, describing contact with Captain Venancourt, commander of the French squadron (La Diane & La Charente) at Croque, who had written him a letter. Waited for the Captainís visit. Didnít come. Sent a Lieutenant to Conche to stop a man charged with murder from potentially escaping. Through correspondence with the Captain, Nicolas discovers that "the French deem this part of the Coast of Newfoundland theirís by exclusive right" and even considers it a "French Port." Basically tells the French that although it is beneath him, he will visit them to discuss matters. They have their meeting and a French and English lieutenant are both sent out together to obtain the man charged with murder. Asks Hamilton if his actions were correct.

147-147v

6 Sept 1821 (3 PM)

Captain Nicolas (Egeria, Croque Harbour)

Captain Venancourt

Copy of Enclosure # 1. Nicolasís initial communique with the Captain of the French squadron, in response to Venancourtís request to meet with Nicolas (received by Nicolas at Quirpon) regarding apprehension of a man suspected of murder. Nicolas seeks confirmation from the governor that he acted correctly.

149

6 Sept 1821

Capt. Venancourt (La Diane, Croque)

Captain Nicolas

Copy of reply to Nicolasís communique expressing his own regards. Written in French. (Copied and signed by P.C. Le Geyt.)

151-152v

(post script added 29 Aug. 1821)

Enclosed with Gov. Hamiltonís despatch of 4 Dec. 1821

Signed by 17 individuals of the Unitas Fratrum Society (i.e., Moravians) on the Labrador coast

Sir Charles Hamilton

An extract of the original letter . Thank him for showing interest in their settlement and sending the ship the Clunker (Clinker?) to visit them. Speaks of the state of affairs with the "esquimaux" and how other people are telling them that the British will send ships to destroy them. Quite pleased with the peaceful presence instead. Extends thanks for not showing a bad example to their "Esquimaux Christian." This is the 50th anniversary year of forming their first settlement on the coast and they were pleased to have the British visit after just having had a jubilee. They attach a PS reporting the numbers of their congregation.

153-154

12 Oct 1821

Inhabitants of Bonavista (19 or more signatures)

Sir Charles Hamilton

The memorial of the inhabitants of Bonavista. Two years previously a man named Joseph Brown had died and left 500 pounds for the express purpose of building a "place of worship for the benefit and accommodation of the members of the Episcopal church of England, the old place of worship having fallen into decay." Had to spend 150 pounds more than Brown had bequeathed. They are going to need around 200 more to "complete the building for the intended use." Asks Hamilton to consider how important the issue is to their community and to put their case and request for the money before government.

155-156

4 Dec 1821

Sir Charles Hamilton

Lord Bathurst

Under the impression that the military garrison that has been in place since 1818 is soon going to be relieved. Asks that the next group may also include and equal number of marines to share the work that is required of them. Lists a variety of reasons why the idea has merit and should be considered. Wanted to offer these suggestions to Bathurst.

157

14 Dec 1821

Sir Charles Hamilton

Lord Bathurst

Acknowledges the receipt of letter from Bathurst and its "enclosures from Mr Brooks on the subject of his claim to a piece of ground part of the ancient fishing shipís room called ???." He has directed the Attorney General to stay proceedings until the 1st of May next.

159

23 Dec 1821

Sir Charles Hamilton

Lord Bathurst

Sending a "canoe of the Red Indians" to Bathurst for whatever he would like to do with it. Hamilton indicates that it is likely "the first of the kind ever seen in England and from the peculiar nature of its construction is certainly a curiosity." It was found with no one in it and knowing Bathurstís interest "in these people," he sent it on it him.

161-161v

5 Dec 1821

Sir Charles Hamilton

Lord Bathurst

"At the request of the Merchants resident in St Johnís engaged in the Trade between Newfoundland and the West Indies" Hamilton is sending on their petition to HRH. Sending it on the Grasshopper. Although he thinks the trade is in a depression, he forsakes any responsibility for any inaccuracy that might be found within the petition. 1 enclosure.

163

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"Statement referred to by the annexed Petition." Statement describes the cost of purchase, freight, handling, duties, etc. of a puncheon of rum in the West Indies and carried to Nfld for sale there (presumably trying to justify the mark-up)

165

?

House of Commons

Merchants (of St. Johnís)

They beg leave to "lay before your honourable house the calamitous state of that trade in which they have embarked their capitals and involved their fortunes in perfect confidence that you will be pleased to take the same into your most serious consideration and afford your petitioners that relief and protection" before they are ruined. They continue with a general overview of the state of affairs regarding the trade between Newfoundland and the West Indies and make a number of different requests for aid and consideration. The petition tries to show that the cost of trade with the West Indies is high and that they are therefore not profiting excessively

166-166v

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Virtually indecipherable. Appears to concern interpretation of treaty basis for French control of St. Pierre & Miquelon (references to "articles of the treaty", the year 1782, and the Treaty of Versailles). Appears also to refer to French fishing rights on the coast of Nfld

168-169v

?

Sir Charles Hamilton

?

Index of correspondence to his superiors in England during 1821, from Landergan court case on 1st of January to a discussion of Moravian settlements at the end of the year.

Treasury

172

3 Jan 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding his letter of 25th June 1819 concerning the court house and gaol at Newfoundland. They have agreed to the "proposed works according to the estimates transmitted" to them in previous correspondence.

174

2 March [1821]

W. Hch.

G.C. Brooksbank

Asks that papers be presented to Lord Liverpool and Lord Bathurst for their consideration.

176

22 March 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding a letter from Hamilton indicating that he had "taken upon himself the responsibility of the situation of Naval Officer there." Sending a copy of said letter for Bathurstís information. 1 enclosure.

178

30 Jan 1821

Charles Hamilton

The Commissioners of His Majestyís Customs

Enclosure in above dispatch. Copy of original letter. He indicates that due to a "complaint made of the manner in which the duties of the Naval Office at this port have been lately performed, I have taken the responsibility of that situation on myself for the present and therefore W Noble may be released from" his duties and privileges accorded because of that office.

180

2 April 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Sending on a letter from Lewis Amadeus Anspatch, "lately holding several situations at Newfoundland praying some relief from Government" for "the information of Earl Bathurst" and asks for Bathurstís opinion on the matter.

182

16 April 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding the case of the Widow Ogden (widow of the late Chief Justice), championed by Mr Reeves and forwarded to the Treasury Chambers via Bathurst. Apparently she was given £100 in January 1820 as part of a "Royal Bounty" and can be given no more.

184

5 May 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding a letter from Mr Peel listing furniture required in the Government House at Nfld. "A requisition has recently been received from Sir Charles Hamilton for some further articles of furniture to replace those which are worn out." Would appreciate Bathurstís opinion as to whether or not the government house at Nfld should continue to be furnished with different items from time to time "at the public expense, such a practice not prevailing at any of our other foreign stations."

186

5 July 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding a letter concerning Mrs Ogdenís case. Ask to alert Bathurst to the fact that they are "precluded by Act of Parliament from granting to Mrs Ogden any further sum out of Royal Bounty until the expiration of three years from January 1820." They have no other funds from which they can provide any relief for Mrs Ogden.

188

10 Aug 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding a trial held in Nfld. Returning the documents that had been forwarded to them for their information and are transmitting for Bathurstís information, "a copy of the opinion of the attorney and solicitor general upon this subject" and looking for Bathurstís concurrent opinion on the matter. 1 enclosure.

190

25 July 1821

R Gifford, J Copley

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Enclosure in above letter. "We are of opinion that it will not be proper to prosecute any appeal against the above judgment."

192

14 Aug 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Sending on a letter from Hamilton "advising of bills for £400 in part payment for materials and workmanship performed in the new court house and gaol at St Johnís." Asks for Bathurstís opinion on the matter.

194

19 Sept 1821

R Lushington (Treasury Chambers)

Henry Goulburn

Transmitting a letter from Hamilton with "a report and estimate of certain works and repairs which are proposed to be effected on the buildings" under the charge of the governor for 1822. Asks for any observations Bathurst may have on the matter.

196

1 Oct 1821

R. Lushington (Treasury Chambers)

Henry Goulburn

Transmitting a letter from Hamilton advising them of bills for £400 and asks for Bathurstís opinion on the situation.

198

3 Oct 1821

R. Lushington (Treasury Chambers)

Henry Goulburn

Regarding the works and repairs requested by Hamilton. Ask if Bathurst has any observations regarding the situation.

200

9 Nov 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Transmitting a letter from Hamilton advising of bills for £800 in six sets of bills of exchange. Asks for Bathurstís opinion on the matter.

202

14 Dec 1821

George Harrison (Treasury Chambers)

Henry Goulburn

Regarding a letter "from Commodore Bowker requesting that £65.11 may be allowed in his account as acting governor of Newfoundland." A warrant has been prepared authorizing the Commissioners of Audit to relieve Mr Smith as Agent" for Nfld.

204

24 Dec 1821

R. Lushington (Treasury Chambers)

R J Wilmot

Transmitting a letter for Bathurst from Hamilton with his "account current as governor of Newfoundland from 21 Oct 1820 to 26 Nov 1821." Asks for Bathurstís opinion on the information provided.

206

24 Dec 1821

R. Lushington (Treasury Chambers)

R J Wilmot

Transmitting a letter for Bathurst from Hamilton advising of bills for £716.3.10 3/4 "being balance due to Mr Patrick Kough for workmanship he performed on new court house at St Johnís." Asks for Bathurstís opinion on the matter.

208

24 Dec 1821

R. Lushington (Treasury Chambers)

R J Wilmot

Transmitting a letter for Bathurst from Hamilton advising of a bill for £100 "in part payment of materials for new court house and gaol at St Johnís." Asks for Bathurstís opinion on the matter.

210

28 Dec 1821

R. Lushington (Treasury Chambers)

R J Wilmot

Transmitting a letter for Bathurst from Hamilton advising of bills contained in his general accounts current. Asks for Bathurstís opinion on the matter.

War Office

213-213v

20 March 1821

W. Nerry?

Henry Goulburn

Alfred Andrew Armstrong has requested a military allowance from the War Office equal to his half pay as Lieutenant of "the late Newfoundland Fencibles" plus his income as a deputy to the Provincial Secretary in New Brunswick. The War Office wants to know if his statement of salary in New Brunswick is correct.

Miscellaneous Offices

216

18 Dec 1821

P. Arnaud) (Collector) & Jn Warreany (Comptroller)

Lord Bathurst

From the Board of Customs Custom-House in Portsmouth. A packet with dispatches for Bathurst has just arrived from Newfoundland aboard the Grasshopper. Transmitting the packet and any receipts with it.

217

18 Dec 1821

Mr Glover

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Duplicate of a receipt received from Elias Arnaud by Glover for the packet of dispatches to be delivered to Bathurst.

B.

219-220

26 Jan 1821

D. Buchan (Arctic Cottage, Woolwich)

Lord Bathurst

Regarding his lack of opportunities for promotion or reward with regard to his appointment to the Grasshopper and other civil duties he performed while in Nfld. Buchan expected his appointment to lead to better things but he is frustrated by his lack of promotion. Hopes that Bathurst will again aid him and lay his case (his quest for promotion) before Liverpool. He specific wants the job soon to be vacated by Mr Seppings: the Surveyorship of Sloops. He thinks that some members of the House of Commons would support his application. Also, if the position is already filled, hopes that there might be something else he could have.

221

28 Feb 1821

Captain Buchan (Arctic Cottage, Woolwich)

Lord Bathurst

Asks whether or not Bathurst has done anything with regards to his application (above).

223

19 March 1821

D. Buchan (Arctic Cottage, Woolwich)

Henry Goulburn

The Surrogate Court in Nfld doesnít have any law books and Chief Justice Forbes is away for a while, so Buchan is requesting certain books to aid them: "Burnís Justice, Blackstoneís Commentaries, and Seltonís Practice."

225-226v

17 May 1821

J. Bowker (Gosport)

Lord Bathurst

Regarding a letter from Mr Gwilt (?) dated November 1820 and "demanding immediate payment of a sum which Mr Goulburn has informed him is disallowed me which acting as Governor of Newfoundland I trust I shall not be deemed intrusive in one more craving your attention to the statement I subsequently made, in which I showed the hardship of being deputy of half the salary of governor of Newfoundland for the period between the date between the date of Sir Charles Hamiltonís Patent and his arrival in the island," during which time Bowker performed all the duties of the office and more. Requests further attention to his own case. With a large family, such an insignificant sum is really important to him.

227-228v

28 July 1821

John Bowker (Gosport)

Lord Bathurst

Regarding receipt of a letter in reply to his last dispatch (above). Thanks Bathurst for his attention to his case and acquaints him with the fact that he has received another letter from Gwilt. More of the same above. See previous dispatches from Bowker.

229-229v

25 Aug 1821

Jos. M Brooks (Commissariat Department, Treasury Chambers)

Lord Bathurst

Sending on letters to Bathurst. One from his agent and one from a solicitor at St Johnís Nfld asking for some papers in his possession "but as there is so short a time allowed to get them ready, I do not think it possible to be done." Asks that Bathurst might write to Hamilton and request more time on Brooksí behalf. Asks Bathurst to look favourably on his case and asks for the return of his letters.

231-231v

15 Sept 1821

John Bowker (Gosport)

Lord Bathurst

More of the same. Requesting Bathurst apply him self to his case. See previous dispatches from Bowker.

D.

233-233v

8 March 1821

J. Dent

Henry Goulburn

Script difficult to read; appears to be a request for help in getting a pension or something similar

235-236v

2 Feb 1821

C. Hamilton

?

Highly illegible. Appears to be responding to someone complaining about taxation. Hamilton concedes that Newfoundland is "the only Colony belonging to Gt Britain which has not representatives" so that taxes are "not voted by the Community". Growing need for spending on local improvements, relief of widows, orphans, etc. General discussion of the fiscal realities of Newfoundland.

237-238

19 March 1821

W. Dawe

Lord Bathurst

He is "the bearer of petitions from the inhabitants of the Town of Saint John[ís] and the district of Ferryland in the island of Newfoundland to both Houses of Parliament, praying that they might be placed upon the same footing as their fellow colonists in America, and especially that the Courts of Justice might be reformed so that the Law might be administered by competent judges." A similar petition to HRH was given to Hamilton who said he would send it along as soon as possible. Goes on to discuss the various reasons for the petitions.

239-247

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Petitioners at St Johnís

Parliament

Petition for legal reform in Newfoundland; addressed to "the Right Honorable the Lords Spiritual and Temporable of the United Kingdoms of Great Britain and Ireland in Parliament Assembled." This is a petition from the inhabitants at Nfld. Regarding the ownership of property and other similar concerns, with an ultimate concern about the "neglected condition to which we are exposed, from having no superintending legislature in the island." They have objections to many of the laws which had been made for them. They lay down specific cases of that concern them. The petitioners ask that a bill be "brought in to place them upon the same footing as the rest of their fellow colonists in America; and especially to cause the courts of Justice to be reformed so that the law may be administered to them by competent judges."

248

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?

?

Printed page from the "Law Intelligence," an official gazette providing "An abstract report of two important trials heard and determined in the Supreme Court, St Johnís, on the 8th and 9th November" 1820: Butler, vs. David Buchan, Esq. & the Reverend John Leigh, and Landergan, vs David Buchan, Esq. & the Reverend John Leigh. An accounting of both cases. Printed by Lewis K. Ryan.

249-249v

22 March 1821

W. Dawe

Lord Bathurst

Regarding last letter to Bathurst about petitions to which he has received no reply as of yet. Assumes that Bathurst doe not think the matter worthy of his attention and as a result Dawe will be forced to take such steps as he deems necessary.

251-252

23 March 1821

W. Dawe

Henry Goulburn

Acknowledges receipt of a letter dated this same day. Relates that his visit to England was solely for the purpose of obtaining a reply to the petitions mentioned in previous letters. Wants Captain Buchan removed from his post. Asks again for an interview with Bathurst regarding the matter of the petitions.

253-253v

24 March 1821

W. Dawe

Henry Goulburn

In reply to a letter of the same date. Relates that he is not in "possession of the correspondence between the committee of the inhabitants of Saint Johnís and his Excellency the Governor." If he had been granted an interview he could have explained all that. Doesnít seem as if his request will be granted but he will wait all Monday just the same in the hopes of hearing from them.

H.

256

17 Nov 1819

Francis Forbes

?

"I Francis Forbes Esquire Chief Justice of the Supreme Court of Judicature of the Island of Newfoundland its dependencies do hereby certify that James Blaikie Esquire whose signature appears to the annexed certificate is Clerk of the Supreme of Newfoundland." Verifies that a seal and signatures that reside on a document are legitimate.

257

17 Nov 1819

James Blaikie

?

Indicates that he has "carefully collated the paper writings hereinto annexed containing twenty eight pages" that pertain to the case of The King versus Patrick Kough and John Houston.

258-258v

5 Aug 1819

Francis Forbes

?

"Pleas in the Supreme Court, Saint Johns Newfoundland the 5th August 1819. His Honor Francis Forbes Esq. Chief Justice. The King vs Patrick Kough and John Houston." This was a proceeding whereby the crown wanted to retain a piece of land held by the defendants near the Ordnance Yard (close to Fort William). Case was closed and ordered to have judgement declared at a later date.

259

8 Aug 1819

?

?

Court case resumed and continued.

260

17 Aug 1819

?

?

Court case resumed and continued.

261-265

23 Aug 1819

?

?

Court case resumed and continued. Several exhibits given.

266

3 Sept 1766

?

?

Exhibit A in the above court case. A copy of an item taken from records of Hugh Palliser.

266v-268v

4 Sept. 1766

?

?

Exhibit B in the above court case. A copy of an item taken from records of Hugh Palliser. The document defines the various kinds of activities and privileges that may -- or may not -- be enjoyed by officers and soldiers in garrison at St. Johnís(e.g., keep gardens, erect buildings, selling liquor, selling property intended for use of fort garrison, keeping a "Public house", etc.

269-269v

29 Sept. 1781

?

?

Exhibit C in the above court case. A copy of an item taken from records of Richard Edwards.

270-271

15 July 1819

?

?

Court case resumed and continued. Examination of James Gill. Signed by Francis Forbes and James Gill.

271v-272v

15 July 1819

?

?

Court case resumed and continued. Examination of Charles Denning. Signed by Francis Forbes and Charles Denning.

272v-273

15 July 1819

?

?

Court case resumed and continued. Examination of Ann McDonald. Signed by Francis Forbes and Ann McDonald.

275-275v

3 Sept 1766

?

?

A copy of a letter regarding the ownership of a house on the land in question in the case above. Signed by Hugh Palliser.

M.

278-279

20 Feb 1821

Lt. Col. Russ Manners

Misters MacDonald & Campbell - Agents

(No 6 Regent Street)

Says he was commandant of the forces at Newfoundland for 2 years between 25th July 1818 to the 15th August 1820. Explains his expenditures during that time and why he should receive more funds. Asks that his case will be considered.

280-281

11 July 1821

G. Macbean

Lord Bathurst

In 1807, 1808, & 1809 he was the secretary of Admiral Holloway in Newfoundland. Holloway bestowed on him the title Vendue Master of that island. Never actually attempted to use this title, but is now trying to "obtain some more permanent authority" to that appointment.

N.

283-291v

22 Jan 1821

Captain Joseph T Nicolas (Egeria)

"My Lord" (Bathurst?)

A long and detailed letter which is extremely difficult to read; patience will be needed to decipher this. Nicolas challenges the claims made by some of the merchants in a petition that Sir Charles Hamilton showed him and which appears to have registered complaints about Capt. Nicolasí activities. Very difficult to read. Part of the complaint appears to involve the accuracy of Nicolasí reports on population of Nfld (which is around 42,500); is it decreasing of late or not? are prices fair or not? The goal of the petition is "to obtain a better Mode of administering [??] than that which is now practised" Appears to object to the nature of government administered by the naval surrogates

293-293v

??

??

??

Regarding the papers of one W. Rendell. Considered of no concern to government as they are private papers. Yet provides insight into the administrative structure of Nfld -- power of the Naval Officer [i.e., the civil officer, not navy serving officers) and his deputies, etc.

294-295v

9 April 1821

R H Noble

Henry Goulburn

Regarding the state of affairs in Newfoundland; concerned that HMS Grasshopper is about to sail without Colonial Office dispatches for Gov. Hamilton, who will conclude from this that government disapproves of his conduct with respect to the appointment of Naval Officers in Nfld, "a Patronage" which the Crown has exercised since 1689 and which Hamilton apparently now treats as his own perk.

296-297v

8 Oct. (?), 1821

R H Noble

Henry Goulburn

Enclosing letters speaking of Naval Office affairs discussed in last dispatch (above). Feels Rendell has been unfairly shut out of the possibility of acquiring the position of Deputy Naval officer by Hamilton. Feels that Hamilton is ruining any career options Rendell might have and that the case against Rendell is absurd. Noble writes in stanch defence of Rendell.

298-301v

27 Nov 1821

Captain Nicolas (Egeria)

"My Lord" (Bathurst?)

Another long and detailed letter which is extremely difficult to read; again, patience will be needed to decipher this. Nicolas appears to be complaining that he may have to be stationed in Nfld over the winter at oneof the outports, a posting unsuited to his rank. Complains of his treatment at the hands of the C-in-C (Hamilton); goes into extensive details which will take time to decipher

R.

303

21 March 1821

J Reeves

Lord Bathurst

Begs pardon for sending "another melancholy letter from Mrs Ogden the widow of the Chief Justice of Nfland." Merely sending the letter on to him, not making any statements or assessments on the matter.

305

31 May 1821

J Reeves

Henry Goulburn

Sending on a letter from Mrs Ogden so that "his lordship, & the government, should know the worst of her distress."

307-307v

21 Dec 1820

Mary Ogden (Poole)

John Reeves

Letter to Reeves that he forwarded on to Bathurst. Ogden thanks him for his attention previously and begs pardon for it again. Received the donations from the Lords of the Treasury (with which she accredits Reeves attentions for getting that). All of it is nearly gone. At least half was due to pay outstanding bills as soon as she got it. Asks for his help and opinion because she feels that she sure needs further relief. Passes on compliments to Miss Reeves from her niece.

S.

310-310v

25 Dec 1821

Joseph H.[?] Sparkes

Earl of Liverpool

Finds himself in the middle of something and must apply to someone for relief of some kind. Regarding the ownership of certain pieces of land in St Johnís Newfoundland that were in his familyís possession for generations (since time of K. William). Asks for Liverpoolís aid in the matter.

T.

313-313v

25 July 1821

Charles Aug. Tulk (St Johnís Lodge Regentís Park)

Henry Goulburn

Regarding the case involving Buchan, Landergan, and Butler. Mr. Leigh, the "missionary - magistrate" involved in that case is in London and would be happy to meet with Bathurstís office. Also tells him that should he have any interest in visiting "a very beautiful and extensive Museum of Human & Comparative Anatomy" then the proprietor Mr Brookes would be happy to wait on him. He would like to go with him if he decides to go.

W.

316

7 Aug 1821

Mr Westcote

Mr Goulburn

Asks if any remuneration "is allowed by government for his expenses in going out to Newfoundland."

318

13 Aug 1821

Mr Westcote

Mr Goulburn

Asks Goulburn to answer his letter of last week (above).

320-327

30 Dec 1821

Manners or Warner ? (Surgeon, Royal Navy, St Johnís)

Lord Bathurst

Presents a number of ideas to Bathurst and hopes that any one of them might help those "transatlantic subjects, whose wants call loudly" for "some philanthropic hand to assist them." Discusses his experiences with the "misery" found on the island. Outlines the nature of people on the island, concerns, conditions, etc. As well, he encloses a document filled with possible solutions or ideas, etc.

328-329v

-

-

-

Enclosure in above dispatch providing ideas for the relief of the transatlantic subjects in Newfoundland, including recommendations for the improvement of the local system of administration.

End of volume