|
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. John’s) |
Lord Bathurst |
Transmitting a memorial from" Susannah Warne, who has
performed the duties of Mistress of the Female School of Industry in St
John’s, 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. John’s) |
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
(Rec’d 25 May 1822) |
Sir Charles Hamilton
(Fort Townshend, St. John’s) |
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 John’s 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 (Rec’d 25 May 1822) |
Sir Charles Hamilton
(Fort Townshend, St. John’s) |
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
(Rec’d 25 May 1822) |
Sir Charles Hamilton
(Fort Townshend, St. John’s) |
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 Forbes’s 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. John’s 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
(Rec’d 25 May 1822) |
Sir Charles Hamilton
(Fort Townshend, St. John’s) |
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.
John’s a free port. |
|
26 |
6 May 1822 |
A petition of the people of St. John’s
[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 Newfoundland’s 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. John’s) |
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
(Rec’d 5 Nov.) |
Sir Charles Hamilton
(Fort Townshend, St. John’s) |
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 Carter’s reply to Holdsworth’s memorial
completely refutes Holdsworth’s 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. John’s |
[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
Holdsworth’s 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. John’s) |
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. John’s) |
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. John’s) |
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. John’s) |
Lord Bathurst |
Cover letter, transmitting a report on the
Fortifications at St. John’s. |
|
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. John’s) |
Lord Bathurst |
In answer to Bathurst’s question about whether Captain
Martin had served as a surrogate in 1820. Hamilton reports he did not. |
|
80-83 |
26 Oct. 1822(Rec’d 5 Nov.) |
Sir Charles Hamilton(Valorous, at sea) |
Lord Bathurst |
A financial report of "His Majesty’s 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(Rec’d 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. John’s that year |
|
114 |
26 Oct. 1822(Rec’d 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(rec’d 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; Seamen’s 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
(rec’d 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. John’s) |
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. John’s 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 Randell’s 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. John’s |
[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 Court’s 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. Noble’s 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. John’s |
|
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. John’s 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. John’s |
Lord Bathurst |
A committee of the inhabitants of St. John’s transmit a
report on the state of Newfoundland on account of the Government’s
intention to revise the laws of the Island in their next session. |
|
213-221 |
6 Dec. 1822 |
[a number of names]
St. John’s |
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 Wilmot’s 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. John’s". They beg that Bathurst intervene against
Hamilton’s 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 |
Parliament’s steps to restrict immigration to
Newfoundland cannot take effect until next year as most of this year’s
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 John’s in Newfoundland" Forbes favours the road as a
means of expediting food imports from PEI to St. John’s, 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 Goff’s debt owed to Holdsworth’s 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 family’s
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.’s agent in Ferryland) Miller’s account of
the dispute with Carter |
|
272-273 |
3 Jan. 1822
&
8 Jan. 1822 |
John Steer
(St. John’s) |
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 – 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. John’s) |
Henry Holdsworth(Dartmouth) |
Simms’ account of the vindictive proceedings against
H.’s agent, Mr. Miller, in Ferryland. Regards the proceedings in manu
instances as "outrageously lawless" |
|
276-277 |
17 May 1822 |
James Simms
(St. John’s) |
Henry Holdsworth |
No warship yet on station. February & March mails
arrived recently "via Halifax as usual". Describes the various steps
taken to represent H.’s 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
Governor’s 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. John’s to solve the many injustices of the inhabitants. |
|
281-281v |
31 Aug. 1821 |
Francis Forbes |
"John Steer & others of Ferryland" |
Forbes’ 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 father’s 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 Governor’s
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. John’s
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(L’anse 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
Nicolas’ 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 Nicolas’
character & service as Surrogate; the second responds to Nicolas’
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. John’s as the most trustworthy officer available. The
following winter, Nicolas was stationed at Harbor Grace where a brig had
been stationed the previous year. Hamilton’s explanation for this
appears to contradict the response he gave in 1820 |
|
322 |
28 April 1822 |
Francis Forbes |
J. Toup Nicolas |
Extract of Forbes’ letter regarding a case Nicolas heard
as Surrogate in Harbour Grace; demonstrate’s Forbes’ opinion of
Nicolas’s 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.
John’s 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. John’s) |
Sir Charles Hamilton |
Extracts from several letters, mostly between Hamilton
and Rendell, enclosed with the purpose of making Rendell’s 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. John’s, certifying that he is not in fact in merchant,
in their consideration. |
|
354 |
May 1819 -
Dec 1821 |
T. B. Rendell |
|
A chronology of Mr. Rendell’s pursuit of the position of
Dep. Naval Officer, up to his quitting the Island in December 1821 in
frustration at Hamilton’s 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
King’s 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 Hamilton’s 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. Wilmot’s 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 Westcote’s 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
Bathurst’s intervention. |
|
End of Volume |