CO 194/65 [Reel B-689]

Page

Date

From whom
(where)

To whom
(where)

Contents or nature of the document

Newfoundland 1822 - Sir Charles Hamilton

3-4

1 Feb. 1822

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

Transmitting a memorial from" Susannah Warne, who has performed the duties of Mistress of the Female School of Industry in St Johnís, ever since its establishment in 1803. She would like to have the matter of her salary looked at, with the possibility of increasing it. Hamilton suggests an annual allowance in addition to her salary. One enclosure.

5-5v

23 Jan. 1822

Susannah Warne (School of Industry)

Sir Charles Hamilton

Enclosed memorial in above dispatch. Making a request for further funds than are being received.

7-8

25 Feb. 1822

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

Hamilton is placing his request for "five months leave of absences from this government to proceed to England after the conclusion of the ensuing Fishing season in the month of October next." Gives various reasons for his request, such as instituting some changes in England that would benefit the island.

9-9v

1 March 1822

(Recíd 25 May 1822)

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

Has put into effect the provisions of an Act passed by the current Majesty, "for the better regulation of the building of the town of St Johnís and remuneration the parties from whom ground has been taken for that purpose." The assessor assessed all the land. He paid £220:18:4 as the assessment indicated. Indicates where the money was taken from.

11-12

2 May 1822 (Recíd 25 May 1822)

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

Reports subscriptions from townspeople raised for poor relief, matched by the government, and added to by a theatrical fund-raiser. "upwards of 2000+ men women and children have been supplied". Also, took money from "Crown Rents" to "afford Medical care"; asks how this incidental expense will be handled. Hopes to include in dispatch a report on the seal fishery by "a Committee of the Inhabitants"

13

6 May 1822

(Recíd 25 May 1822)

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

An application from the Chief Justice Forbes with his response, and a letter from a doctor containing a certificate. Forbes is requesting a leave of absence, for medical purposes. He made a first previous request two years before in 1820, and is now threatening to resign (during "a personal interview") if he cannot leave the island by any other means.

15

4 May 1822

Francis Forbes
(Supreme Court)

Sir Charles Hamilton

Hearing that the Egeria will soon go "home" to England, Chief Justice Forbes requests a leave of absence to return home and see his family, as "the Court was never so clear of business as at this moment". He will "return before the stormy season arrives at this Coast".

16

4 May 1822

Sir Charles Hamilton
(Government House)

Francis Forbes

Responding to Forbesís request for a leave of absence, Hamilton says that having forwarded the request to Bathurst, he does not want to give Forbes leave before hearing a reply. Also does not wish to stand accused of having left the island without a Court ("who have I to appoint in your absence?"), considering the "attacks and complaints against the legislation" which fill the papers at the time.

18-19

5 May 1822

Francis Forbes

Sir Charles Hamilton

Forbes complains of a stomach ailment which he only got after coming to the island, and which has been worsening over the last year, to the point where it is interfering with his duties in the Court. He therefore requests for a four month leave of absence to return to England and recuperate. He hopes to return before the stormy season of the year.

20

May 4 1822

William Carson, M.D.
(St. Johnís Nfld)

[certificate]

Certifying his care of Forbes during the last year for "a sever affliction in the stomach", which he believes is caused by workplace stress. He recommended a vacation, and "a sea voyage".

22-25

6 May 1822
(Recíd 25 May 1822)

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

A few hours before the departure of HMS Egeria for England, Hamilton received the "deputation of the Inhabitants" which he had alluded to in his earlier dispatch. He supports the petition that those unable to find employment or support themselves should be removed "to the neighbouring Colonies", rather than "supporting them in idleness here". This applies only to "those who are willing to go". Also, the "Quit rent" for small rents of land was fixed by his predecessor at "2/6 an acre". Most Granters "failed in the payment", though "they have nevertheless been kept in possession of the land". Included is a table of grant fees for acreage, as set by Governor Richard Keats. No one has ever been denied a grant due to inability to pay, and Hamilton requests that they may in future be made gratis. Also, trade and fisheries are in a sever depression. He considers no benefit to the thought of making St. Johnís a free port.

26

6 May 1822

A petition of the people of St. Johnís
[three pages of names]

Governor Hamilton

A report on the condition of trade and the "ruinous fishery of last year", which have created much poverty. The Governors work on behalf of the destitute to help them through "the rigours of a Newfoundland winter" were much appreciated by the people of the region. They request that those unable to find employment and support might be allowed to go to neighbouring colonies to earn there and "gain a settlement before the Winter comes on". They also request that fees on grants and rents be repealed, to "ameliorate the ancient system" so as not to exclude the poor. They also complain about foreign treaties, such as those giving France the right to fish "on the finest part of our coasts". They blame the treaty with America on "the 20th of October 1818" for permanently ruining Newfoundlandís chances at prosperity. They feel they have been sacrificed for the greater good of the empire, and seek some indemnity. They also request that duties be lowered on Rum. With the exception of fish, they import everything they eat and wear.

30

June 27 1822

Sir Charles Hamilton
(Fort Townshend,
St. Johnís)

Lord Bathurst

Informing Lord Bathurst of the loss of the HMS Drake, with mail from England, on the South Coast of the Island on 23 June

32-34

Aug. 16, 1822
(Recíd 5 Nov.)

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

Reporting on a legal matter Bathurst had directed him to inquire into, regarding a dispute between a Mr. Carter and a Mr. Holdsworth. Hamilton feels that Carterís reply to Holdsworthís memorial completely refutes Holdsworthís allegations.

36-45

June 30, 1822

Robert Carter, Surrogate
Ferryland

Sir Charles Hamilton

Containing a lengthy and detailed account of the legal ordeal involving the pleas of Mr. Holdsworth against Mr. Carter.

46-52

10 Aug. 1822

R. Carter, Surrogate Ferryland

Sir Charles Hamilton

Reporting on the Pleas of 2 and 3 October 1821, between a Samuel G. Carter versus William Goff. Henry Holdsworth is mentioned. A suit over non-payment of a debt is dropped by Surrogate Robert Carter, resulting in accusations of favouritism.

54

1 Aug. 1822

Peter Fisher, Captain
HMS Ranger, Caplin Bay

Sir Charles Hamilton

Reporting on the Gaol in which the defendant was held, and over which complaints of mistreatment in the Carter vs Goff case also arose. He advises that the earthen floor be either paved or boarded, and the walls whitewashed, to make the gaol habitable.

56-61

10 Aug. 1822

Philip Tree
Deputy Sheriff

Sir Charles Hamilton

Further Correspondence, including affidavit of Philip Tree in the matter of his proceedings against James Miller, clerk of Henry Holdsworth

62

11 Oct. 1821

Supreme Court St. Johnís

[The Affidavit of Francis Tree]

The King vs James Miller; writ of Habeas Corpus

64

21 Dec. 1821

Francis Forbes, Chief Justice
(Supreme Court)

The High Sheriff of the Island and to Phillip Tree

Further correspondence, involving Henry Holdsworth, James Miller, and claims of defamation. Books and papers detailing Holdsworthís finances are to be delivered to the court by those holding them.

66

7 Dec. 1821

James Miller

Robert Carter

Wants Carter to back him up in denying any debt to Andrew Morrison, for which debt of £500 he is being sued.

68

21 Aug. 1822

Sir Charles Hamilton
(Fort Townshend, St. Johnís)

Lord Bathurst

Hamilton acknowledging the copy of the declaration against James Miller requested by the latter.

70

21 Aug. 1822

Sir Charles Hamilton(Fort Townshend, St. Johnís)

Lord Bathurst

Due to the rising number of capital crimes in the province, Hamilton urges the necessity of the Chief Justice returning after his four month leave, as none but the Supreme Court can convict such cases.

72

21 Aug. 1822

Sir Charles Hamilton(Fort Townshend, St. Johnís)

Lord Bathurst

Acknowledging receipt of a despatch from Bathurst dated the 3rd of April concerning the conservation of public despatches and official correspondence.

74

1 Oct. 1 1822

Sir Charles Hamilton(Fort Townshend, St. Johnís)

Lord Bathurst

Cover letter, transmitting a report on the Fortifications at St. Johnís.

76

1 Oct. 1822

Commanding Royal Engineer

Sir Charles Hamilton

The report on the state of the fortifications

78-79

2 Oct. 1822

Sir Charles Hamilton(Fort Townshend, St. Johnís)

Lord Bathurst

In answer to Bathurstís question about whether Captain Martin had served as a surrogate in 1820. Hamilton reports he did not.

80-83

26 Oct. 1822(Recíd 5 Nov.)

Sir Charles Hamilton(Valorous, at sea)

Lord Bathurst

A financial report of "His Majestyís Treasury for the present year". Balance for High Sherriff: £1717..5..9. Balance on Rents of land leased or granted: £3609..3..5 3/4. Additional details on several expenditures, including poor relief and "passage of Paupers from the Island"

84

26 Oct. 1822(Recíd 5 Nov.)

Sir Charles Hamilton(Valorous, at sea)

Lord Bathurst

Regarding the salary of the Attorney General of £300, but having been given an account with only 268..07..07.

86

9 Nov. 9, 1822

T.P. Westcote, Attorney General Nfld

Lord Bathurst

Correspondence regarding payment of his salary

88-113

n.d.

-

T.P. Westcote, Atty Genl Nfld

Correspondence itemizing various legal charges and costs incurred in the District of St. Johnís that year

114

26 Oct. 1822(Recíd 5 Nov.)

Sir Charles Hamilton(HMS Valorous)

Lord Bathurst

Concerning a donation granted by the government to an ecclesiastical society to promote Protestantism and to build places of worship.

116

1 Nov. 1822(recíd 5 Nov.)

Sir Charles Hamilton(HMS Valorous)

Lord Bathurst

Reporting his arrival in England aboard HMS Valorous, and on the general state of affairs on the island as of the time he departed. Enclosed are some documents detailing several legal cases.

120

1 July 1821 -
30 June 1822

Sir Charles Hamilton(HMS Valorous)

Lord Bathurst

Annual State of the Fishery (1 July 1821 to 30 June 1822)

121

1 July 1821 -
30 June 1822

Sir Charles Hamilton(HMS Valorous)

Lord Bathurst

Additional Information. Heads of Information: # of ministers of each religion; # of places of worship; # of schools; Funds for the maintenance of the same; Reserves not sold of Cod Fish, Cod Oil, and Seal oil; Seamenís wages; manner of payment of wages; Prices of provisions; manner of payment of prices.

123

1 July 1821 -
30 June 1822

Sir Charles Hamilton(HMS Valorous)

Lord Bathurst

Account of Goods exported from the Island 1821-22

124-125v

1 Nov. 1822
(recíd 5 Nov.)

Sir Charles Hamilton(HMS Valorous)

Lord Bathurst

Additional Correspondence concerning the Commissioners of Oyer & Terminer (regarding some court cases)

128-129

12 Sept.1822

Sir Charles Hamilton
(St. Johnís)

Commissioners of Oyer & Terminer

Copy of the order appointing the Commissioners (John Broom, William Carter, George Holbrook, Peter Weston Carter, Arthur Holdsworth Brooking, John Terrington, William Haly)

130-132

30 Sept. 1822

Grand Jury

Gov. Hamilton

Summary of their assessment of the poverty and distress in the fishery which contributes to the misery of the inhabitants. Urgent steps are needed

134

1 Nov. 1822

Sir Charles Hamilton(HMS Valorous at Spithead)

Lord Bathurst

Reporting on the conviction of three prisoners now on HMS Ranger en route for England

136

26 Nov. 1822

Sir Charles Hamilton(London)

Lord Bathurst

Hamilton reports on a proposal to build a road system from St. Johnís to Placentia for purpose of transporting provisions overland, and gives a number of reasons why he objects to the idea (expense, inappropriate terrain.

142-146

26 Nov. 1822

Sir Charles Hamilton(London)

Lord Bathurst

Further Correspondence; including a map of the proposed route for a road, and descriptions of the area.

147-152

26 Nov. 1822

Major G. G. Lewis

Sir Charles Hamilton

Further Correspondence, including an estimation of costs of building a road.

153-154

26 Nov. 1822

Major G. G. Lewis

Sir Charles Hamilton

Further Correspondence, including an assessment of tools needed.

155-158

11 Dec. 1822

Sir Charles Hamilton(London)

R. Wilmot

Hamilton gives his version of events regarding Mr. Thomas Randellís complaint that he did not get an appointment as Naval Officer after his arrival in 1819 (see previous CO 194 volumes).

159-164

18 Jan.1821

Supreme Court St. Johnís

[case summary]

Further Correspondence regarding the complaint about the position of Naval Officer; detailing a legal case of Peter Carter vs Thomas Randell.

165-166

21 Jan. 1821

Sir Charles Hamilton(London)

Thomas Randell

Further correspondence regarding Carter vs Randell.

167-168

21 Jan. 1821

Sir Charles Hamilton(London)

R. Wilmot

Further correspondence regarding Carter vs Randell

169

1 Sept 1819
&
2 Sept. 1819

T Randell
&
Sir Charles Hamilton

Sir Charles Hamilton
&
T Randell

Further Correspondence, containing a letter from Randell, and a reply from Hamilton.

171

30 Jan. 1821

A. H. Brooking
&
Sir Charles Hamilton

T. B. Randell
&
T. B. Randell

Further Correspondence, in which both Brooking and Hamilton write on the same day concerning the appoint of Naval Officer in light of the Courtís judgement in Carter vs Randell.

173

22 Dec. 1822

Sir Charles Hamilton

Lord Bathurst

Further Correspondence, in which Hamilton speaks against giving the Naval Office to either Randell or Noble.

175-176

29 Dec. 1822

Sir Charles Hamilton

Robert Wilmot
Under Secretary of State

Further Correspondence, in which Hamilton goes back on having disclaimed Mr. Nobleís right to "to the sum in question", denying any responsibility for the decision to deny Mr. Noble.

177

24 Dec. 1822

Sir Charles Hamilton

?

Further Correspondence, Hamilton expresses concern over to what extent he is being held responsible for the affair.

180-183

1822

Sir Charles Hamilton

 

An index of correspondence for that year as the Governor.

Miscellaneous

Admiralty

186

20 Feb. 1822

Mr. Barrow (by proxy)

R. Wilmot
(Colonial Office)

Presenting his compliments concerning a note of the 18th, and reporting that Captain Buchan of the Grasshopper arrived from Newfoundland.

188-188v

24 April 1822

J. Barrow?
(Admiralty Office)

R Wilmot

Bathurst having appointed Hamilton as governor again, naval arrangements will be made accordingly

190-190v

30 April 1822

John Barrow
Admiralty Office

R. Wilmot

transmitting a message from Bathurst concerning arrangements to use marines in garrison at St. Johnís

192

11 June 1822

John Barrow
Admiralty Office

R. Wilmot Esq

Reporting that the Commissioners of the Admiralty have decided not to let Captain Nicolas of the HMS Egeria to return to Newfoundland after having transmitted letters to Bathurst.

194

8 Nov. 1822

John Barrow
Admiralty Office

R. Wilmot Esq

Concerning three men brought from St. Johnís on the HMS Ranger for punishment and how they were to be disposed (two sentenced to transportation, one sentenced to death)

196

14 Nov. 1822

John Barrow
Admiralty Office

R. Wilmot Esq

Referring to the letter of the 8th concerning the three convicts, asking him to ask Bathurst to tell Lords Commissioners his directions as to their disposal.

Home Departures

199-199v

20 Feb. 1822

H. Hobhails
Whitehall

R. Wilmot Esq

Enclosing a conditional Pardon for Thomas Sturgess

201-201v

12 Nov. 1822

G. Dawson
Whitehall

R. Wilmot Esq

Concerning the arrival of convicts from Newfoundland at Portsmouth.

Treasury

204

22 Feb. 1822

George Harrison
Treasury Chamber

R. Wilmot Esq

Granting another 200 pounds for building a church

206

3 Nov. 1822

George Harrison
Treasury Chamber

R. Wilmot Esq

Transmitting the opinion of Lord Bathurst on a decision to be made by a board on a fund.

208

no date

-

-

"Report of the Inhabitants on the State of Newfoundland" (no text)

209-210

1 Aug. 1822

Karl Robinson, James Rogerson, Nathan Parker, et al (London)

Lord Bathurst

Complaining about the absence of the Chief Justice

211

6 Dec. 1822

[a number of names]
St. Johnís

Lord Bathurst

A committee of the inhabitants of St. Johnís transmit a report on the state of Newfoundland on account of the Governmentís intention to revise the laws of the Island in their next session.

213-221

6 Dec. 1822

[a number of names]
St. Johnís

Lord Bathurst

Further Correspondence expressing concern about the legal system in Nfld [the report]

222

-

-

-

A scribbled annotation commenting on the petition

224-226

9 Aug 1822 (?)

T.S. Acland

R. Wilmot

Virtually illegible; appears to be a letter concerning the Thomas Randell affair (above)

228

14 Jan. 1822

Joseph M. Brooks

Lord Bathurst

Acknowledging the receipt of Wilmotís letter, and thanking Bathurst for his "kind interference" (Atty General has stayed proceedings in a matter involving a piece of land; Burst heart hill)

230-230v

22 Feb. 1822

John Bastard

Lord Bathurst

A transmittal of a memorial from a Mr. Holdsworth of Dartmouth, and calling his attention to the complaint about the conduct of a Mr. Carter the Surrogate Court of Ferryland.

232

23 April 1822

J. Butterworth
(Bedford Square)

R. Wilmot Esq

Asking him on behalf of a Mr. Dutton (merchant of Liverpool) to ask Lord Bathurst to opine on new trade regulations set by surrogates in Newfoundland which merchants consider injurious to trade.

234-235

4 April 1822

Dutton
(Liverpool)

J. Butterworth

Further Correspondence; detailing the "serious dispute" that has arisen between the surrogates of Newfoundland and the merchants. Includes observations on how the fishery is organized, and on the fact that some fishermen are not servants but "sharemen" in the voyage

236-237

26 July 1822

Newfoundland

-

Further Correspondence; Extract of a letter, further discussing how the interpretation of the laws by the naval surrogates causes distress to the merchants and the inhabitants of Nfld. Appears to be a dispute over truck system

238-238v

2 April 1822

J. M. Brooks

Treasury Chambers

Earl Bathurst

A personal request to protect family land in Newfoundland by having proceedings stayed. (Burst heart hill)

240

12 July 1822

Red Lion Square

-

Asking to transmit a case which has become of interest to the committee, who have ordered it forwarded to Mr. Wilmot.

241-242

28 June 1822

Society for the Suppression of Mendicity
(1 Red Lion Square)

-

Further Correspondence; the "examination" of John Vond, accused of begging in Brighton; Vond was formerly in the Newfoundland trade but returned to England after suffering frost-bite in Nfld while intoxicated. Annotation indicates that the authorities want to return him to his "Native Place" for fear that he will remain a beggar in England

243-243v

1 Dec 1822

John Bastard

R. Wilmot

Inquiring into any progress into the case of Holdsworth vs the Surrogate, Carter, who was still officiating.

246-246v

25 April 1822

Mary Ann Clay, Martha Rogers, Susannah Clah, Sarah Rogers, Maria Mansal, Jane Rogers

Lord Bathurst

6 Women, daughters of the Captain John Rogers, ("late of the Royal Newfoundland Fencibles" who became entitled through his wife to certain property (a storehouse called Burst heart hill). They claim entitlement through the right of the wife "to certain property in the Island of St. Johnís". They beg that Bathurst intervene against Hamiltonís initiation of proceedings to deprive them of a part of their paternal property.

249-250v

6 June 1822

Francis Forbes(London)

Lord Bathurst

Justification for his leave in England for reasons of his health

251-252

14 June 1822

Francis Forbes

Lord Bathurst

Parliamentís steps to restrict immigration to Newfoundland cannot take effect until next year as most of this yearís vessels with passengers are already on their way. This provides time to reconsider the steps as Nfld fishery needs migrant labour. Also, forwards a statement by Capt. Keen concerning disputeover p[roperty he inherited in Nfld

253-254v

14 June 1822

Francis Forbes

Lord Bathurst

Statement of Captain Robert Keen, RN; inherited land in Nfld through his father

255-257v

1 July 1822

Francis Forbes

-

"Observations upon a plan for cutting a road from Placentia to St Johnís in Newfoundland" Forbes favours the road as a means of expediting food imports from PEI to St. Johnís, thereby also stimulating the economy of Prince Edward Island. Forbes provides a detailed rationale

259-260

14 Aug. 1822

Francis Forbes

R Wilmot

Forbes had expected that some temporary arrangement could be made to reopen the Supreme Court in Nfld during his leave in England. This apparently cannot be done and so he requests that he be replaced Bathurst has offered Forbes the position of Chief Justice of New South Wales; Forbes requests time to consider this

262-268

22 Feb 1822

H. J. Holdsworth

Lord Bathurst

Detailed memorial of Henry Holdsworth concerning his complaint about William Goffís debt owed to Holdsworthís agent James Miller at Ferryland for the purchase of a boat, and the nepotist favoritism showed by Surrogate Robert Carter to his brother Samuel Goman Carter, etc etc. Holdsworth provides some background on his familyís connection with Ferryland and the Nfld trade going back to 1705, and the heavy investment at Ferryland

270-271v

26 Oct. 1821

James Miller
(Ferryland)

Henry Holdsworth

(Miller is H.ís agent in Ferryland) Millerís account of the dispute with Carter

272-273

3 Jan. 1822
&
8 Jan. 1822

John Steer
(St. Johnís)

Henry Holdsworth

(Dartmouth)

(Steer is an agent for Holdsworth) Brief discussion of trade arrangements and conditions (explains why he directed Capt. Forristell to call at Porto rather than Lisbon Ė better prices). Discusses court case involving Miller & Carter. This correspondence to go by the Frenchman via Greenock; the only other vessel departing is destined for Cork. Subsequent addition of 8 January indicates he did use the vessel headed to Cork ("by the Swift for Cork in care of Mr. James Saltie who promised to deliver it at Dartmouth") to send this letter with Mr. Miller Postscript provides a current price list for various provisions and goods

274-275v

8 Jan. 1822

James Simms
(St. Johnís)

Henry Holdsworth(Dartmouth)

Simmsí account of the vindictive proceedings against H.ís agent, Mr. Miller, in Ferryland. Regards the proceedings in manu instances as "outrageously lawless"

276-277

17 May 1822

James Simms
(St. Johnís)

Henry Holdsworth

No warship yet on station. February & March mails arrived recently "via Halifax as usual". Describes the various steps taken to represent H.ís case in Ferryland. Predicts the truth will come out that Carter "has acted most illegally as well as grossly brutal". Chief Justice left 7 May for England on Egeria

278-279v

15 May 1822
&
15 May 1822
&
16 May 1822
&
17 May 1822

Mr. Dawe
&
P. C. Le Geyt, Secretary
&
Mr. Dawe
&
Mr. Dawe

Sir Charles Hamilton
&
Mr. Dawe
&
Sir Charles Hamilton
&
Mr. Holdsworth

Copies of three pieces of correspondence regarding steps being taken on the Ferryland affair (Dawe to the Governor, the Governorís secretary to Dawe, and Dawe to Holdsworth).

280

6 Aug. 1821

"Signed by 65 individuals"
(no signatures actually provided in this copy)

Francis Forbes

Copy of a memorial asking the Chief Justice to hold court in Ferryland as he does in Harbour Grace, to save them the great cost of carrying and maintaining witnesses and coming the great distance to St. Johnís to solve the many injustices of the inhabitants.

281-281v

31 Aug. 1821

Francis Forbes

"John Steer & others of Ferryland"

Forbesí response to the memorial. While hoping that the Supreme Court will one day be enabled to make circuits, Forbes regrets that it was not then within his power to promise compliance with the request of the memorialists.

283-283v

4 Dec. 1821

James Miller

Robert Carter

sworn testimony of James Miller before Robert Carter, surrogate of Ferryland.

285-286v

22 Dec. 1821

William Goff, merchant

James Blaithin (?)

The sworn testimony of William Goff regarding his involvement in the events that led to the dispute between Miller and Carter.

288

22 May 1822

Robert Keen

Lord Bathurst

Asking for justice, as he feels he has not received it in Newfoundland.

290

6 July 1822

Capt. Robert Keen, RN

Lord Bathurst

Asking that he tell the Courts to give him "such paper as are . . . belonging to my cause"; has been trying to get them for two years.

292

31 July 1822

Robert Keen

Robert Wilmot

Asking that he be given justice in the matter of his late fatherís estate, rather than the Courts of Newfoundland availing themselves of his absence to sacrifice his interests to the solicitations of others.

294-294v

(4) June 1822

Capt. William Martin, RN

Lord Bathurst

Late commander of HM Brig Clinker (1820-1822). Wintered in Harbour Grace 1820/21 & served as Surrogate. Was not paid because the limited budget was sufficient for only seven surrogates and he was the eighth and the junior one. Asking that he be given the salary that he feels is his due (one of the seven was a civilian and the other was a half-pay lieutenant). Emphasizes the hazards of serving as a naval surrogate in Nfld

296

24 July 1822

William Martin

Lord Bathurst

Has received no response to his letter of 4 June; has a large family to support

298-298v

15 April 1822

Nesthersoles & Barron

R. Wilmot Esq

Regarding the legal actions begun in Nfld Supreme Court in 1819 after the fire; landlords of some destroyed buildings sought to recover damages from Lessees for not rebuilding. Local ruling allows lessees to give up the lease without rebuilding in cases of accidental fire. Landlords have appealed, and desire information, to the right to look for it in records, to meet the needs of the court case.

300-301

1 June 1822

Capt. J. Nicolas
HMS Egeria
(Portsmouth)

Lord Bathurst

Submits copies of letters originally sent to the Governor, concerning his station and his civil duties aboard the ship Egeria. Emphasizes that he performed legal duties well, with few appeals. Wants to be appointed the senior officer during the Governorís absence, but that position went to Capt. Fisher of the Ranger.

302-
304-v

1 June 1822

Capt. J. NicolasHMS
 Egeria
(Spithead)

Lord Bathurst

A slightly more detailed duplicate of preceding letter; this one is also slightly more legible

306-309

3 June 1822

Capt. J. Nicolas
HMS Egeria
(Portsmouth)

Lord Bathurst

Further correspondence presenting the case for his years of service as an effective surrogate in Nfld. Adds some points, including the fact that the magistrates in the outports are often merchants and therefore "too often Judges in their own Causes or in the Causes of their immediate Relatives, or friends" The naval surrogates therefore often provide the only true justice in the outports

310-310v

15 June 1821

J. Toup Nicolas

Sir Charles Hamilton

Extract of a letter containing a report of the outports, with which he is familiar, as the captain of a ship and a Surrogate. Recommends that a couple of naval officers (lieutenants) be appointed JPs and magistrates and provided some basic legal training in St. Johnís before heading to the outports where they would serve in areas where the surrogate and his warship could not reach, and would provide more objective justice than the local JPs who tend to be merchants and therefore far from unbiased

312-313v

15 June 1821

J. Toup Nicolas

Sir Charles Hamilton

Extract of another letter making his cased for improvements in the administration of justice in Nfld by using naval officers as JPs. Uses the particular example of outports on the Burin Peninsula. Mentions complaints of fishermen about the use of nets having illegally small mesh, destroying the small fish

314-315v

23 Aug. 1821

J. Toup Nicolas
Captain, HMS Egeria(Líanse a Loup, Labrador)

Sir Charles Hamilton

Extract of a letter regarding complaints by one Mr. Bird, a merchant at Forteaux, who complains that the French are restricting his activities on the Treaty Shore. Nicolas needs advice on the precise nature of what the treaty permits; in the meantime he has advised Bird to comply with the French. Yet Nicolas believes that the fishing rights on that shore are concurrent, not exclusive (though he concedes that this is ambiguous). He points out that the American rights are clearly concurrent and, by extension, does this not suggest that so should the French rights? "In my belief our Fishermen have a right to enjoy in common with them. The more I read on this subject, the more confirmed am I in my opinion, that this was by all treaties originally intended" Cites Hugh Palliser who also shared this view

316-317

8 Sept. 1821

J. Toup Nicolas
Captain, HMS Egeria(Croque Harbor, Newfoundland)

Sir Charles Hamilton

Copy of a letter describing how he found a French warship, La Diane, at Croque, and how the French consider that part of Newfoundland theirs, exclusively, rather than British, and a French port. Nicolas and the French captain agree over legal jurisdiction there (apparently there is a man accused of murder there), the French claiming this to be a French port, and the French having exclusive rights, including legal jurisdiction. Nicolas seeks advice on the legalities of his actions (includes extract, Enclosure No. 1, of Nicolasí letter to the French officer, 6 Sept 1821, and an annotation indicating that the French officer regarded Croque as a French port

318

20 Nov. 1821

J. Toup Nicolas
Captain, HMS Egeria(Harbor Grace)

Sir Charles Hamilton

Copy of a letter recommending two men from his ship to the Governor for office in the magistracy, to serve in the district during the winter in Conception Bay; provides a rationale.

319

n.d.

J. Toup Nicolas

 

Further Correspondence; and excerpt of a letter from a Mercantile House demonstrating his good services to commerce in Newfoundland.

320-320v

8 Dec. 1820,
Oct. 1820,
15 Dec. 1821

Sir Charles Hamilton

J. Toup Nicolas

Extracts of various letters written by Gov. Hamilton to Capt. Nicolas. That from December 1820 comments positively on Nicolasí character & service as Surrogate; the second responds to Nicolasí recommendation that a warship winter at Trinity because the people there need a surrogate on site. Hamilton refuses because the Governor must transport Chief Justice Forbes to England, and he therefore needs Nicolas in St. Johnís as the most trustworthy officer available. The following winter, Nicolas was stationed at Harbor Grace where a brig had been stationed the previous year. Hamiltonís explanation for this appears to contradict the response he gave in 1820

322

28 April 1822

Francis Forbes

J. Toup Nicolas

Extract of Forbesí letter regarding a case Nicolas heard as Surrogate in Harbour Grace; demonstrateís Forbesí opinion of Nicolasís work as a Surrogate, in one particularly noteworthy case. Compliments Nicolas for "deciding upon the plain intelligible principles of the English Law, relative to overheld bills of exchange" Forbes has been "cutting down the foolish local custom" and congratulates Nicolas for having "discarded it altogether at Harbor Grace"

323

n.d

J. Toup Nicolas

Lord Bathurst

List of the number of cases heard before the surrogates at Harbour Grace in various years since 1800. Includes an extract of a letter containing the praise of a clerk of the Surrogate Court for his work as a Surrogate.

326

n.d.

- -

"Newfoundland Fishery Bill" listing the several people to whom a copy of the proposed legislation was sent

327-330v

6 May 1822

George Richard Robinson

Robert Wilmot

Remarking on the progress of a new Judicature Bill for Newfoundland; needs revisions; will affect bankruptcy cases. Urges proper procedure to develop the best legislation for a declining fishery and trade, caused in part by French and American competition. Comments on Spanish & Portuguese markets, the West Indies as a market, repeal of duties, etc.. His letter is followed by several remarks that are responses to specific clauses of the proposed legislation.

331-333v

6 April 1822

Thomas H. Hunt(Dartmouth)

Robert William Newman

Remarking on suggested alterations of the Laws of Newfoundland, including measures affecting surrogates (should only be naval officers), sale of liquor to servants, recovery of debts, bankruptcy of planters, opposes idea of removing cooperages in St. Johnís to reduce risk of fire, opposes restriction on imports from foreign sources, opposes heavy duties on rum imported into Quebec from other BNA colonies (i.e., Nfld). A great deal of discussion about trade between Nfld and the West Indies (fish for slaves in exchange for rum, molasses, sugar). Includes some detailed discussion of goods imported into Nfld and from where (UK, Nova Scotia, West Indies, Quebec) and exports

334-339

n.d.

- -

A document headed "Newfoundland", with two columns: "Laws Requisite", and "Remarks". It seems to be a clause-by-clause analysis of the proposed legislation with commentary upon them.

340-v

7 May 1822

R. W. Newman

R. Wilmot Esq.

Transmitting the remarks of regional merchants, and making recommendations to the proposed Bill

342

25 July 1822

George Richard Robinson

R. Wilmot Esq.

Transmits extract of a letter indicating intention of Spanish government to impose duties on all British shipping. This will affect ships already en route to Spain with Nfld fish

344-345

27 July 1822

T. B. Rendell

Sir T. D. Acland, Baronet

Concerning his appointment as Deputy Naval Officer of Newfoundland, which Gov. Hamilton prefers not to give him on the (false) grounds that he is engaged in mercantile activities in Nfld. Would like a consular position in Portugal which has become vacant

346-351

1 Sept. 1819 to

31 Dec. 1821

T. B. Rendell
(St. Johnís)

Sir Charles Hamilton

Extracts from several letters, mostly between Hamilton and Rendell, enclosed with the purpose of making Rendellís case in favour of his being appointed to naval office, despite Hamilton not wanting to. The last one is not a letter but a declaration of the merchants of St. Johnís, certifying that he is not in fact in merchant, in their consideration.

354

May 1819 -
Dec 1821

T. B. Rendell

 

A chronology of Mr. Rendellís pursuit of the position of Dep. Naval Officer, up to his quitting the Island in December 1821 in frustration at Hamiltonís blocking his appointment.

355-355v

6 Sept. 1822

T. B. Rendell

R. Wilmot

Asking if any news has been heard back from Acland, who Wilmot suggested Rendell contact in pursuit of getting his appointment to the Portuguese consular office; needs to know because Hamilton having denied him the Nfld position, he is now in great need.

357-357v

23 Nov.

T. B. Rendell
(5 Nelson Square)

R. Wilmot

Asking Wilmot to appoint a day, now that Hamilton has arrived in England, for the investigation of his claims, and asking that Mr. Forbes, "the late Chief Justice" be allowed to attend.

359-360

4 Dec. 1822

Thomas Bulley Rendell

Lord Bathurst

Memorial explaining how, in May 1819, he was "deputed" by Richard Hatt Noble, Esq, the Naval Officer of Nfld, to take over as Naval Officer in his absence. This was put into a warrant under the Kingís Sign, and Countersigned by the Duke of Portland. Hamilton, however, assuming the power of patronage, refused to acknowledge the appointment, "to which he considered himself legally appointed". Hamilton even took to himself a portion of the "emoluments" of the office. Being deprived of his office for three years, he finds himself under great hardship, under "heavy and ruinous expenses" incurred from disputing the patronage.

361

22 Nov 1822

Sir Charles Hamilton

?

"Sir, I have received your letter of yesterdays date, and not feeling that you can possibly have any claim on me, Remain Your Very Humble Servant, Hamilton". Most probably a short note, rebuffing Rendell, though the actual recipient is not here named.

363

21 Nov. 1822

T. B. Rendell
(London)

Sir Charles Hamilton(London)

He has awaited Hamiltonís arrival in England so that the matter of his appointment to the Naval Office can be resolved. Has presented his case to Mr. Wilmot. He is willing to accept compensation from Hamilton, then no investigation will be needed

364

31 Dec. 1822

T. B. Rendell

R. Wilmot

Colonial Office refuses to pay him what he feels he is owed. Asking to whom he must see about getting his 45 pounds, and regretting the frequency of his intrusions upon Mr. Wilmotís time.

368-369

14 Dec. 1822

R. A. Tucker
(Halifax, Nova Scotia)

R. Wilmot

Has arrived in Halifax after a lengthy voyage, too late to proceed to Nfld; will not be able to perform the duties of his office until he gets to Nfld, probably not until spring.

370-370v

27 Dec. 1822

Joseph Turner
(Portsmouth)

?

A correspondence between two merchants concerning delivery of goods.

372

9 Dec. 1822

T. P. Westcote
(Attorney General, Nfld)

Lord Bathurst

A memorial concerning a dispute with the governor over his fees. Governor claims that Westcoteís salary precludes receiving additional revenue from "fees, perquisites, emoluments etc etc", but Westcote maintains that he is on the contrary fully entitled to such fees etc. He considers himself therefore unjustly deprived, and seeks Bathurstís intervention.

End of Volume