CO 194/68 [Reel B-691]

Page

Date

From whom(where)

To whom
(where)

Contents or nature of the document

Newfoundland 1824 - Sir Thomas Cochrane

Volume 2 -- Miscellaneous

House of Commons

4-7

4 Feb 1824

J. H. Ley, and C. L. DomCom (?)

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An address to members of the House of Commons to support a resolution requesting that a full return be prepared of various incomes, expenditures, financial information, etc. concerning Newfoundland, as well as details concerning warships stationed there, naval officers appointed there, anything and everything that involves public expenditures and revenues in Nfld.

8-44

24 Feb 1824

R.J. Wilmot Horton

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[Printed] "Papers Relating to the Island of Newfoundland", the printed returns ordered by Parliament. Contents Follow.

9-9v

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An index of the contents. Contents follow.

10

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No1. A return of the Total income of the governor each year for the past ten years.

10v-11

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No2. An account of the Government rents, fines on renewal of leases, for the last ten years.

11v

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No3. Return of the amount received as customs, in the last ten years.

11v-12

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No4. Account of the total expenses of the customs establishment in each year fot eh last ten years.

12v-25v

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No5-18 inclusive. Account of the Receipt and Expenditure of the Governor in each year for the last ten years.

26-30v

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No19-28 inclusive. A similar account for the Sherif for the same time.

31-31v

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No29. An account of the total of all fees, fines, penalties, and forfeitures , imposed, paid, or levied, in any Nfld Court, since the passing of (and agreeable to) 49 G.3.c.27.s.16.

31v-32

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No30. An account of all sums received by Justices of the Peace for Licences to retail liquor.

32

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No31. An account of all sums received for duties or fees upon Probates of Wills and Letters of Administration.

32v34

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No32. An account of the total of the Droits of Admiralty for the last twenty years.

34v

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No33. Copy of a letter from the Commissioners of the Sixpenny Duty to John Barrow dated 26 Jun 1823.

35-36v

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No34. An account of the distribution of the sum given by His Majesty for the Sufferers of St. John’s Newfoundland, by the Fire of February 1816.

37

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No35. Further account of the application of the balance.

37v-40

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No36. An Account of the names of all Public Officers, Civil and Miliary, in the Island, with description of the office, salaries, allowances, and fees received by each etc.

40v

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No37. A return as far as relates the Navy Office, of the names of all Public officers, civil and military, in the Island.

40v

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No38. An account of the number and rate of British warships on station at Newfoundland in the last summer, and now.

40v

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No39. An account of the number of Naval Officers of each Rank who have been invalided on the Newfoundland station, in each year since the peace.

41

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No40. An account of the number of Naval Officers of each Rank promoted on that station in the same period, and their names and length of service.

41v-44

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No41. Copy of the Report or Memorial to [Bathurst] dated Dec 1822 from the Committee appointed by the Inhabitants of St. John’s 10 Aug 1822. Detailed summary of various recent and controversial legal cases, a summary of the history of Nfld which places blame for its current state on English West Country merchants, the deficiencies of naval government, the failure to develop Nfld’s agricultural potential, the unfairness of French and American fishing rights to Nfld residents, the need for local government

44

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No 42. Copy of the Appointment of Richard Alexander Tucker to the Office of Chief Justice of Newfoundland.

45

Admiralty

46-46v

14 Feb 1824

(J. W. Croker
Admiralty Secretary)

R. Wilmot Horton

Replying and complying with Parliament’s request for returns of warships stationed at Nfld.

48

14 Feb 1824

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The return of warships (Number and rate, but no names provided)

50

14 Feb 1824

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Return of the number of Naval Officers of each rank "who have been invalided on the Newfoundland station in each year since the Peace" (no names)

52-53

14 Feb 1824

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Return of the number of naval officers of each rank promoted while stationed at Nfld since the Peace, together with their names and length of service at each rank

54

18 May 1824

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Horton

Mr. Croker wishes to forward his dispatch to Newfoundland via HMS Grasshopper which has been commanded to go hence.

56

13 July 1824

J. Barrow
(Second Secretary, Admiralty)

Horton

Sending a letter , as commanded, regarding cases decided by Captain Nicolas as Surrogate Judge for Conception Bay (Sept 1821-May 1822) plus revenue received as a result

58-61v

9 July 1824

J. Toup Nicolas

John Wilson Croker

the aforementioned letter; Nicolas is puzzled and a little perturbed by the request. Points out that local magistrates are frequently in conflict of interest in cases they heard. Describes his typical daily and weekly routine as surrogate. Emphasizes how little he wa spaid for "this arduous & unprecedented applications to the duties imposed upon me for nearly nine months in a Newfoundland Winter in an out-harbour of that inhospitable Island"

62-62v

26 Oct 1824

J. Barrow

Horton

Relaying a message from Cochrane. Appears to suggest that the Halifax Squadron be given responsibility for Nfld

64

28 Oct 1824

Martin

Jones

Estimated reduction of naval expenses at Nfld (ensuing from advent of civil government there?)

Agent

67-67v

4 Dec 1824

Robert Grov... (? name lost in binding of volume)

Horton

Complying with a request to pay a Bill drawn by Tucker for the amount of his salary.

Commander in Chief

70-71

2 Jul 1824

W. Taylor

Horton

Appears to approve of a proposal to "employing Two Companies of Veterans in this Country [?] in Newfoundland & raising a third among the Irish settlers in that Station" in lieu of [regular troops?]

72

7 Jul 1824

H. Taylor

Horton

Concerning the fixed rate of pay for the officers commanding in Newfoundland (7/6 per diem)

74-74v

5 Jun 1824

George Harrison
(Treasury)

Maj. Gen. Sir Herbert Taylor

Informing him about the revised daily rate of pay which should cover expenses that have generated some complaint from officers serving in Newfoundland, the Bahamas, and Bermuda

76

28 Aug 1824

Maj. Gen. Herbert Taylor

Horton

Three companies of veterans forming for service in Newfoundland, thus asking him to ask Bathurst to make the arrangements for their conveyance next month. He lists the officers/company numbers (no names); NB: "285 Privates, with their Wives & Families"

Board of Trade

79

9 April 1824

Board of Trade

Horton

Mr. Huskisson & Mr. Canning request information about French treaty privileges in the West of Newfoundland; are they exclusive rights or concurrent?

81

17 May 1824

C. Hart

Horton

Replying that [Dewes?} "nor any one in our Office knows or recollects any thing about Mr [Trimlet?]

83

17 Jul 1824

Thomas Lack

Horton

Stating that in terms of the request of St. Pierre and Miquelon to allow Nfld boats to come there to barter firewood, that Hamilton should be called upon for his opinion, whether there would be any injury arising from permission, either to allow Nfld residents to carry firewood to the French islands or to let the French residents cut wood in Nfld.

Foreign Department

86-86v

31 May 1824

Joseph Marley (?)(Foreign Office)

Horton

Mr. Secretary Canning seeks Lord Bathurst’s advice regarding a letter from the Prince de Polignac complaining about depredations against the French fishery on "the East and West coast of Newfoundland."

87-91

26 May 1824

Prince Polignac

Mr. Canning

(in French) the aforementioned letter complaining about depredations against the French fishery. Complaint originates with M. Louis Fichet, armateur of St. Brieuc (loss of salt, boats, gear) which had been left in cabins and on the stages of his fishing station. His season is ruined. Reference here to "guardiens." Question of fishing rights. Steps that have been taken.

93

7 Jul 1824

Joseph Plants (?)(Foreign Office)

Horton

Has presented to Mr. Canning the memorial of the Chamber of Commerce of Nfld regarding the Spanish decree on the importation the Cod. F.O. has in fact tried to find a solution but failed when "the contract for the supply of the Monopoly was taken (not by French) but by British subjects"

Law Officers

96-96v

3 April 1824

J.S. Cohley (?), Ch. Wetherell

Bathurst

Discussing the draft of the Bill they were sent for judicial & administrative changes, including marriage, in Nfld.; have made changes and suggestions

98

8 April 1824

J.S. Cohley (?), Ch. Wetherell

Bathurst

the alterations they recommend to the Bill on the fisheries

100-100v

20 April 1824

Christopher Roberts

Bathurst

Submitting answers to several questions Bathurst had about the Bill.

102-102v (4 frames)

22 April 1824

Christopher Roberts

Bathurst

On the Bill dealing with marriage.

J. Stephen

104

12 Jan 1824

James Stephen Jr.

Horton

Legal advice concerning to the prosecution of the commissioner for having illegally held a commission of Oyer and Terminer.

106-108

19 Feb 1824

James Stephen Jr.

Horton

Transmitting a draft of the Bill on judicature, marriage, and the fisheries, being based on the original which was read in parliament 10 Jul 1823. Original bill has been split in two (judicature & marriage; fisheries). Original bill was drafted by himself and the late Chief Justice Francis Forbes. Containing several comments with explanations on changes he has made.

110

5 Mar 1824

James Stephen Jr.

Horton

Transmitting a draft of the revised Bill, in which are incorporated some changes suggested in Nfld.

112-130

12 Mar 1824

James Stephen Jr.

Horton

A detailed discussion of the changes made to the Bill, with reference to Reeves’ "History" of Nfld (pub. 1793) which provided the historical context. The letter then summarizes that history (according to Reeves). Describes the "very singular Tribunal" created by K. William’s Act, based on the fishing admirals. Takes "opposition and neglect" of the British government to settlement for granted, and the evolution of a legal system "ill adapted for the exigencies of a settled country"; Nfld "totally destitute of judicial Government for a large portion of the year". Advent of naval governors and JPs in 1729.; the system of surrogates which led to "numerous complaints". Subsequent developments. The logic of the proposed changes

132-136v

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"Remarks on the ‘Insolvent’ Clauses in the Newfoundland Judicature Bill": a clarification of the way in which personal debts are handled, and the lack of justice in the present system; "the State of Society in England can exhibit nothing parallel to that which subsists in Newfoundland". This is followed by a brief description of the social structure of Nfld (three classes: Merchants, Planters, Fishermen) and the role of credit and the persistence of debt

137-138v

1 Apr 1824

James Stephen Jr.

Horton

Advice on how to proceed with greatest speed in moving the proposed legislation forward; logic of splitting off the fishery & trade portions of the bill

139

15 June

James Stephen Jr.

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"Solemnization of Marriages" (no text)

141

n.d.

James Stephen Jr.

[B]aillie (?)

Page is cut off at margins, leaving entire words out. Comprehension severely hindered. Something about an opinion on the (request?) of Mr. Westcote, the Nfld Atty General for compensation of legal costs (?)

143-144v

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A commentary on the proposed marriage bill.

145-147

14 July 1824

James Stephen Jr.

Horton

opinion and advice, as requested, on how best to proceed with the case of the rape of Mary Brown ("There seems to me great room to believe, that she was a person of a loose and profligate character")

149

11 August 1824

James Stephen Jr.

Horton

Has studied letter from Mr. Dawe on proposed incorporation of St. John’s; Stephen is unaware of any legal objection to the proposal

151

11 Oct 1824

James Stephen Jr.

Horton

Sending his draft of a charter for the creation of a Supreme and circuit courts in Nfld according to the new Judicature Bill.

153

13 Oct 1824

James Stephen Jr.

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"[?] Sir C Hamiltons letter resp[ectin]g Govt Rents & presses..." (no text)

Navy Office

155-155v

3 Jun 1824

Robert Tipping, H Legge, J. Barrow

Horton

Bathurst has requested the Navy Office to arrange passage to Nfld of four people (Mr. & Mrs. Jeynes, Mr. Wm Fleet, "and a Female Monitor") for the School Society. The only vessel available (the John & Isaac) is small and not bound by charter to take more than two passengers. If the passengers can arrange with the Master to use his berth and mess with him, then all can be transported

157

23 Jun 1824

Robert Tipping, H Legge, (illegible)

Horton

Further Correspondence: Confirmation of the booking of passage for the aforementioned persons.

Treasury

160

17 Feb 1824

George Harrison

Horton

On a petition by James Miller concerning a fine levied against him by the Judge of the Surrogate Court in Ferryland; request that Bathurst’s office investigate.

162-165v

11 Jun 1823

James Miller

Commissioners of the Treasury

The petition of James Miller of Dartmouth (agent of Mr. Henry Holdsworth) for remission of a £50 fine levied on him by the Surrogate Court in Ferryland (Robert Carter, a Lieutenant in the Royal Navy on half pay, is the surrogate judge). Details of the case; complains of his treatment when imprisoned for non-payment of the fine

166-166v

27 Jan 1824

George Maule

Commissioners of the Treasury

Further on the aforementioned petition. Maule appears to be supporting Miller.

168

27 Mar 1824

George Harrison

Horton

Regarding Hamilton’s request for £500 to cover his legal expenses.

170

22 May 1824

Henry William Vincent

Horton

Correspondence about the Bill.

172

10 Jun 1824

George Harrison

Horton

Regarding proposal to change the value of the Dollar in Newfoundland.

174

31 Aug 1824

J. Herries

Horton

Transmitting a sanction for the repairs of the Government House in Newfoundland.

176

2 Sept 1824

J Harrison

Horton

Supports Mr. Bland’s (High Sheriff) request to retire; Lords of the Treasury have recommended a pension.

Miscellaneous Offices

179-179v

17 May 1824

Mr. H. Brooking, President, Chamber of Commerce (St. John’s)

R. Wilmot Horton Under Secretary of State for the Colonies

Enclosing a petition respecting the appropriation of certain duties collected on goods imported into Nfld. the USA and the West Indies.

181-182

17 May 1824

H. Brooking

Bathurst

The aforementioned petition. Such duties in colonies having representative assemblies are used for the benefit of the colony; colonies without assemblies (such as Nfld) should have the same opportunity to use such duties for the general good

183

22 May 1824

Sam Codner(Teignmouth)

Horton

Applying for a passage to Newfoundland for 4 persons from/for the Nfld School Society (Mr Jonas [?] Jeynes, Mr. Wm Fleet, "one Schoolmistress" and also a "female Monitor". Acknowledges Bathurst’s reply to the Society’s request for a grant of £2,000 for the building of schools in Nfld

185

4 Jun 1824

E. Stewart

Horton

Acknowledging receipt of a printed copy of the Papers relative to Nfld that had been presented to Parliament, with Mr. Dawe’s observations and Hamilton’s memorandum.

187-187v

15 Jun 1824

Sam Codner

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Giving thanks for granting passage to the two headmasters, headmistress and female monitor for the School Society. Reports that the master of the vessel has refused them cabin passage" on the ground that they are not Officers or their Wives. Requests help in resolving the matter as the vessel is due to depart soon

189-192v

16 Jun 1824

E. Stewart

Horton

Summing up a printed copy of the Papers relative to Nfld that had been presented to Parliament, with Mr. Dawe’s observations and Hamilton’s memorandum for Horton’s better comprehension. Detailed opinion on the complaints and counter-charges levelled by Dawe and Hamilton to each other (over whether or not the governor is entitled to an allowance of coal, and the proceeds of selling surplus coal; over leases and renewal of leases; other issues)

193

24 Jun 1824

Samuel Codner

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Saying that the School Society cannot comply with the suggestion that they unite their efforts with existing established schools, due to their policies on management.

195-195v

June

Anthony Hamilton(Newfoundland)

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Apologizing for the delay in receiving a letter, and thus in replying.

197

7 Jul 1824

Percival White(Chaplains House Bridewell Hospital)

Bathurst

Transmitting a resolution of the School Society.

197v-198

 

Budd (Chairman)

Percival White

(Copy) The aforementioned resolution of the School Society, thanking Bathurst for his attention and aid (£500 towards buildings & £100/annum towards salary of the Masters).

199

11 Sep 1824

James Cross
Pres., Chamber of Commerce, St. John’s

P. Wilmot Horton

Governor not yet having arrived in Nfld, he asks Horton to transmit a letter directly to Bathurst.

201-201v

11 Sep 1824

Chamber of Commerce [several names; including James Cross]

Bathurst

The aforementioned letter from the St. John’s Chamber of Commerce, enclosing three resolutions of that council concerning the appoint of an agent to represent Nfld in London, which they thank him for. They fear that "an application unauthorized by inhabitants of this Island" has been made

203-203v

11 Sep 1824

James Cross [President of the Chamber of Commerce]

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The aforementioned three resolutions regarding the appointment of a representative of Nfld in London. Opposed to an unauthorized proposal to appoint Mr. Dawe as agent. Request that Bathurst wait until governor arrives and the inhabitants can make their recommendation through him

B

206

13 Jan 1824

D. Buchan

Bathurst

Asking that expenses incurred in official duties might be covered.

208-209

19 Feb 1824

John Bastard

Horton

Regarding the seizing of documents from the baggage of Mr. Miller (Mr. Holdsworth’s agent) on order of Mr. Carter, Surrogate.

210-211

17 Feb 1824

W. Dawe (Agent to Mr. Holdsworth)

John Bastard, M.P.

letter describing the aforementioned incident in detail. Deed was done at the suit of Mr. Morison, surgeon of the Royal Navy and a JP for Ferryland district to defray alleged £500 damages done Morrison for libels published by Miller

212-212v

14 Jan 1824

Henry Hawson, W. Dawe
(Dartmouth)

J. B. Smith

The sworn testimony of two men before J. B. Smith about the aforementioned incident, in which Phillip Tree seized the letters as Deputy Sheriff of the District of Ferryland. Apparently much hinges on whether the trunks in which the letters were found had been broken open before they were seize (planted evidence?). Trunks were sent from Ferryland to St. John’s "in a certain boat in which Robert Carter Esquire, the Surrogate of the District of Ferryland and Andrew Morrison a Justice of the Peace for the same district were passengers..."

215-215v

30 Oct 1823

James P. Southe

R. A. Tucker

A motion in court to recover the three seized letters from Henry Holdsworth to William Dawe.

217-218v

29 Nov 1823

James Miller vs Philip Tree

R. A. Tucker

Plea of James Miller vs Philip Tree. Summarizes Tree’s testimony. Tree, former Deputy Sheriff who had seized the letters, reports not having read them but to have delivered them to Surrogate Carter as per his instructions from the latter. Having since resigned, the Supreme Court, while finding the seizure highly inappropriate, have no further jurisdiction to deal with him.

219-219v

9 April 1824

D. Buchan

Horton

Transmitting various documents relating to his service while in Nfld. and to his role in te case of Butler & Lundrigan

221-222v

9 April 1824

D. Buchan

Bathurst

Asking him, in light of Parliament’s current interest in the affairs of Nfld, to look over the aforementioned papers, depicting his character and service there. Only one case brought against him in the fifteen years that he served in Nfld. Reference to the "unfortunate" case involving Lundrigan. How the poor health of the Chief Justice in 1815-16 caused judicial responsibilities to devolve upon Buchan. Further details

223-223v

1 May 1824

J. Butterworth

Bathurst

Forwarding a petition from Dissenters and others in the district of Conception Bay regarding the Marriage Bill; they express "very great uneasiness"

225-227

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Jordan Henderson

King George IV, and his Privy Council.

the aforementioned petition of the Protestant Dissenters of Conception Bay. Emphasize that Dissenting ministers have long performed marriages in Nfld; object to the restrictions proposed by the Marriage Bill. Request "a continuance of the right of their Clergy to solemnize the Ceremony of Marriage"

229-229v

7 May 1824

Joseph Butterworth

Horton

Further discussing the Marriage Bill, following his meeting yesterday with Lord Bathurst where certain ambiguities may have been conveyed (allowing other Protestant clergy to perform marriage when it was "inconvenient" to use services of a Church of England clergyman; Butterworth proposes a more explicit definition of the circumstances when non-Anglican clergy may be used)

231

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"For Mr. Brooking’s Letter as President of the Chamber of Commerce see Miscellaneous Offices"

232-233

27 May 1824

Joseph Butterworth

Bathurst

Further discussion of the Marriage Bill, and his suggestion that Protestant ministers also be allowed to perform marriages in ‘inconvenient’ circumstances. Discussion seems to hinge on just how inconvenient situation must be before non-Anglicans can perform marriages

234-234v

28 May 1824

Joseph Butterworth

Bathurst

discussing the marriage Bill, and the objections to his suggestion.

236-237

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John Bastard

Horton

Has received a letter from someone familiar with the Nfld trade and would like to know what objections there would be to making changes in the proposed Bill with respect to the salmon fishery; also discusses issue of property and buildings

238-239

22 May 1824

P. C. Le Geyt

Arthur Hunt

On the Fishing Bill, and the fact that no measures for the regulation of salmon fishing have been introduced into the Bill. Le Geyt agrees that salmon fisheries would benefit if rights of property were made secure. Also responds to concerns about French fishing on Nfld coasts. British subjects may not injure the French fishery through their competition, but Le Geyt does believe that British subjects still "have a right to fish on the same part of the Island provided they do no injury to the French"

240-240v

26 May 1824

Arthur Hunt
(Dartmouth)

John Bastard
[note extensive annotation at the end of Hunt's letter, presumably by Bastard?]

Reference to receiving the letter above from Le Geyt concerning regulation of the salmon fishery, and the fact that no regulation of the Salmon Fishery appears in the Fishery Bill. Asks recipient to mention these issues and letters to Mr. Horton. Annotations (presumably by Mr. Bastard) comment on the treaty rights of the French to fishing (and the limitations thereupon). He disagrees with Le Geyt’s belief that the French have "a right to fish the Rivers within their limits" (i.e., the salmon fishery)

242-242v

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A proposal on the Salmon Fisheries to grant "the exclusive right to the present Proprietors of such Grants where they can be established" and, where no right can be established, give the governor the right to issue fixed-term leases. Labrador will probably be treated the same way if the Bill attaches it to Nfld

243

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John Bastard

Horton

Transmitting thanks and a letter.

245-245v

30 May 1824

Arthur Hunt

John Bastard

Regarding the Fishery, and its administration. Concerned that amendments give rights to "all his Majestys Colonies" to fish at Nfld, rights they never had before and which changes everything. The House has not paid sufficient attention to remarks sent from Nfld. Further concerns about the way in which purchases or debts or paid for

247-247v

23 Nov 1824

E. B. Burton

Horton

On the starting and salary of his Commission by Governor Cochrane as Secretary of Newfoundland.

249

24 No 1824

D. Buchan

Horton

Asking for an appointment of some kind, in light of his long and faithful service. Reference here to "the Native Indian Female, that was brought to me at St Johns, in June 1823, and who still continues under the care of Mr Peyton, who has charge of her. I am particularly desirous of having some conversation with you relative to this interesting female"

250

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A sketch of a face in profile (is this with Buchan’s preceding letter? Is this "the Native Indian Female"?)

252-253

23 Dec 1824

John Broom

Horton

Seeking his salary, the Governor being away, and his creditors "clamorous

C

255

30 March 1824

David Campbell

Bathurst

Asking Bathurst to forward the enclosed letter to Hamilton in his next Dispatch.

256

14 May 1824

Arch Campbell

Horton

Transmitting a Clause for consideration to insert into the Bill.

258

(rec’d 15 May 1824)

in M. Campbell’s

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the aforementioned clause, regarding doubts of the way in which insolvency and bankruptcy are dealt with by the new Bill.

258-259

14 May 1824

James Roqusouf

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an annotation attached to the aforementioned clause, and expanding further on the issue

260-261

24 Jun 1824

William Carson; Chairman of the Committee of the Inhabitants of St. John’s

Horton

Forwarding copies of the Royal Gazette of 8 & 15 June, with two letters signed "a Fisherman", but which "are well known to be the production of John Bland Esq., High Sheriff of Newfoundland", written to further some other purpose. He is writing on behalf of the Committee, hoping to defend their interests from this strategem. Encloses additional publications that carry further exchanges

262-267v

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The aforementioned Gazettes, containing the letter of "a Fisherman", and responses to it in issues of The Ledger.

268-270

6 Sept 1824

Cochrane

Horton

Responding to Lord Melville’s thoughts on the likelihood that the naval establishment in Newfoundland would be restored to its former footing. Melville apparently so no reason for this, particularly given the cost, together with eh abolition of the navy’s judicial function. Cochrane disagrees; the physical extent and complexity of the coast justifies patrols by warships; justices still need transport

272

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"For Mr. Crop’s Letter as President of the Chamber of Commerce Vide Miscellaneous Offices"

D

274-275

13 Feb 1824

W. Dawe

Horton

Transmitting a petition from the people of St. John’s, with an outline for a Bill they would like to see passed into law in place of the one already under consideration.

276-276v

29 Mar 1824

W. Dawe

Horton

Transmitting a petition signed by all the merchants of St. John’s, save two, one of which Horton will be interviewing later, and the other for whom Dawe is an agent, and thus able to speak on his behalf.

278

18 April 1824

Joshua Dutton

Horton

Asking for copies of the Newfoundland Bills.

280

19 April 1824

W. Dawe

Horton

Discussing how he met an eminent merchant in the Nfld trade who stated that "considerable opposition would be made to the bill brought before the House of Lords in the Commons".

282-283

19 April 1824

W. Dawe

Bathurst

Pleading for justice from Bathurst, having received none (he feels) in the courts, he presents his case (i.e., Dawe’s dispute with Gover. Hamilton); this is a fairly detailed account.

284-289

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Newspaper extracts recording the court case of Mr. Dawe.

290-291

5 May 1824

W. Dawe

Horton

Discussing how it has been suggested that he seek justice, and on things going before Parliament. Further discussion of: Holdsworth’s dispute with Carter, and Dawe’s role; of the issue of the public accounts and how to avoid abuses in future; of the best way to use moneys collected for relief following the fire of 1816

292-293v

8 May 1824

A. W. DesBarres(former Atty Gen. of Cape Breton)

Horton

Seeks appointment as Assistant Judge for Nfld.; the basis for his claims on the patronage of Lord Bathurst (summarizes his past services in other colonies)

294-295

22 Jun 1824

W. Dawe

Bathurst

Asking that he instruct the newly appointed governor to replace the High Sherif, who has held that position far longer than would be legal in England (14 years as opposed to 1).

296-296v

11 July 1824

W. Dawe

Bathurst

Warning that the 35th section of the Judicature Bill will be likely to cause "alarm and uneasiness among the inhabitants". Relating to the proposed incorporation of the town of St. John’s and the proposal to levy rates on householders. Points out that much of the town belongs to people who are absentee and in fact reside in England

298

16 Aug 1824

W. Dawe

Horton

Still waiting for a reply to his letter on the incorporation of St. John’s; would like to see him personally on the matter

300-300v

21 Aug 1824

A.W. DesBarres

Horton

Having been appointed by Bathurst to be assistant judge at Nfld, he wishes to know when he should go to Nfld to take up his appointment

302-302v

22 Sep 1824

A. W. DesBarres

Horton

Further Correspondence: Concerning his departure and salary.

304-305

16 Dec 1824

W. Dawe

Horton

Enclosing a letter to Bathurst containing resolutions from the Committee of the Inhabitants of St. John’s. Also talking about his application for the role of Colonial Agent for Newfoundland, and also mentioning how Mr. Forbes had earnestly wished for Dawe to accompany him to New South Wales. His Nfld affairs forbade him from going before, but now he is ready to follow Forbes to Australia, and asks Bathurst for some remuneration (for his services or his suffering), that he might do so.

306-307

10 Dec 1824

W. Dawe

Bathurst

the aforementioned letter to Bathurst. Apparently the Committee endorsed Dawe as the appropriate person to be appointed agent for Nfld. Dawe discusses the reasons why he has not been as effective as he ought. Complaints about Chief Justice Tucker. Claims no one could serve as agent and satisfy all people in Nfld, and Dawe is therefore willing to accept an appointment elsewhere

308-308v

12 Jul 1824

William Carson, Chair
(Committee)

-

(enclosed with Dawe’s to Bathurst) the aforementioned resolutions of the Committee. Thank Dawe for past service. Committee feels that "it would be dangerous to confide their interests in the hands of any person in England connected with the trade of the colony"; feels that such people do not support the internal improvement of Nfld. Recommend Dawe to be appointed agent

G

311

6 Oct 1824

Niel Gow

Bathurst

Asking to be appointed a judge of Newfoundland.

H

314-316

19 April 1824

H. Holdsworth

-

Commenting on the Judicature Bill, of which he was sent a copy. Discussion of the nature of magistrates and judges (using his own dispute with Robert Carter, JP for Ferryland, as example). Bias of justices who, as merchants themselves, are in conflict of interest when hearing cases involving fishery, esp. in Labrador. Mr. Dawe can provide additional information

318-320

24 April 1824

Henry Holdsworth
(Dartmouth)

-

Seeks information on certain details in the Fishery Bill, including questions about debts and wages of fishermen

322

19 June 1824

A.W. Hoyles & W. Thomas

-

"Briefs under consideration decree of the King of Spain esp. importation of Cod Fish into his dominions" (no text)

K

324-324v

24 Feb 1824

B. G. Keets

Bathurst

Giving a description, as requested by Mr. John Bland, of Bland’s "Character and Manner" of the performance of his duties. High opinion of his "Ability, Integrity, and undeviating impartiality"

L

327-328v

(rec’d 6 Mar 1824)

B.L. Lester

Horton

Remarking on the Bill. Parts of letter are bound into the margins of the volume. The letter appears to be critical of the Bill

329-229v

16 Jun 1824

Mr. Brooking

-

Inquiring as to whether there is an answer to a petition from the Chamber of Commerce.

331-331v

10 Mar 1824

W. London

-

On a conversation had with Bathurst about the Marriage Bill; he felt reluctant to give an opinion, but suggests that it will be "almost impossible" to administer the proposed Marriage Bill strictly, that exceptions will have to be made given circumstances in Nfld

333-336v

-

-

-

Commentary on the Marriage Bill, suggesting situations where exceptions may have to be made to the requirement that all marriages be performed by Church of England clergy, with annotations

337

12 May 1824

J. Burlet Lethbridge

Horton

Transmitting the Memorial of a Mr. Westcote, the late Attorney General of Nfld

339

28 Oct 1824

George Stoat

-

Transmitting the compliments of a Mr. Francis LaForey, explaining that certain people have gone out to Nfld.

M

342-343v

11 April 1824

Patrick Morris

Horton

Offers his views on the Judicature Bill (difficult hand-writing).

344

7 Nov 1823

Patrick Morris & Henry Winton

-

An enclosure of resolutions passed at a Meeting of the Merchants and other Inhabitants of St. John’s, considering the Judicature Bill. Object to many of the clauses

346-347

17 April 1824

William Mortimer(Liverpool)

Horton

On Trade with Newfoundland, and the Whale Fishery. Concern about proposal to abolish bounties on whale fishery. Brief list of number of vessels, tonnage that cleared Liverpool for Nfld 1820-1823

348-349

29 April 1824

Patrick Morris(London)

Horton

Discussing prospects for the betterment of Nfld, including a colonial legislature. Need to address the issues of land development, crown rents, need to incorporate St. John’s; hopes for a meeting with Horton

350-350v

17 May 1824

Patrick Morris

Horton

Further discussion of the amended judicature Bill.

352-352v

3 Jun 1824

Patrick Morris

Horton

Asking about the incorporation of St. John’s.

354

26 Oct 1824

Sir G. Murray

-

"Mr. Baxter apptd to a Law Situation" (no text)

N

356-358

19 May 1824

R.H. Noble(Whitehall)

Horton

Concerning the infringements "upon the Privileges of the Naval Officer of Newfoundland". Seeks compensation for loss of income when the custom (past history provided) of collecting fees for certificates issued to export oil to England was terminated by Gov. Hamilton; the fees now go to the Customs Collector. Much detail on past and present practice

359-360

-

-

Mr. Bailie

"To be Read" On Noble’s complaint that the Naval Officer is being denied fees collected on exported oil.

361-362

4 June 1824

R.W. Newman, MP(London)

Horton

Offering an amendment to the Bill.

363-364

-

-

-

an excerpt from the Judicature Bill which the previous proposal wishes to amend

365-366

15 May 1824

Arthur Hunt(Dartmouth)

-

Regarding the Bill, a copy of which was sent to Captain Bastard. Discussion of wages, debt, process of repayment, etc; apparently enclosed with Newman’s letter above

367

-

-

-

A note warning that English trade will be "absolutely ruined" unless "all trading with the French at St Pierre and Miquelon be interdicted"; otherwise "a complete contraband trade in Foreign Manufactures will be substituted"

369-374v

14 May 1824

-

-

"A Bill [as amended by the Committee] . . . for the better conduct of the Fisheries . . . "; in which four clauses were added, and several removed; hand-written margin annotations

375-378v

12 July 1824

Captain J. Toup Tucker

Horton

On his duties in Nfld as Surrogate in Conception Bay and his desire to receive a greater pay for the services he had performed in 1821-1822.

P

380

14 July 1824

Lt. Col. Henry Pynn

Horton

Asking for a certificate of returns from the Newfoundland Corps, as proof of his service. Served as a Lieutenant in the Royal Nfld Fencibles in 1795

R

383-383v

5 May 1824

Geo. Richard Robinson

Horton

Thanking him for the two drafts of the Nfld Bills he sent, and seeking an appointment.

385-385v

19 May 1824

G.R. Robinson

Horton

Saying that tomorrow is no good for him, how about Saturday?

387

5 Oct 1824

G.R. Robinson

Bathurst

Mr. Robinson sends his compliments to Mr. Horton, and asks if Horton can spare a few minutes some time to speak with Robinson on subjects connected with Nfld.

389-390v

9 Oct 1824

Robinson

Horton

Horton being unable to see him, he relays the points he wanted to speak on in this letter. On the incorporation of St. John’s; on the qualities needed in a governor; on the impact of Spanish duties on Nfld fish

391

20 Dec 1824

G.R. Robinson, Chairman

Horton, M.P. , Secretary of State for the Colonial Department.

Transmitting a memorial from merchants interested in the Newfoundland Trade.

393-395

17 Dec 1824

G. R. Robinson, John Gosse, John Harrison, J. Bristowe, Henry Hunt, Samuel Codner, James Rogerson, Hart & Robinson, T. S. Christophers, Newman Flint Christophers & Co.

The Privy Council for Trade

The aforementioned Memorial. On the depression of the Fishery, which is critical to the colony and its 90,000 residents. Chief causes of the difficulty: duties on British fish imported into foreign markets; unfair competition of French and Americans who benefit by bounties; Spanish fiscal policies; new policies regarding currency and exchange rates. Some suggestions on how to improve the economy: pressure Spain to admit British fish with lower duties; renew commercial treaties with Portugal and Brazil; currency reforms to restore Nfld dollar to British sterling; duty free admission of seal oil and skins to the UK

S

398-399

10 Aug 1824

James Simms
(St. John’s)

Bathurst

Having heard that the Nfld Attorney General’s office may soon be vacant, he asks for consideration of his appointment thereto.

400-400v

20 Jul 1824

R. A. Tucker

Simms

(enclosure in above) a letter offering Tucker’s appraisal of Simms’s qualifications for the position.

402

11 Sept 1824

James Simms

Horton

Asking him to present an enclosure to Bathurst.

T

404-408v

12 May 1824

R. A. Tucker
(St. John’s)

Horton

Regarding his enquiry into the case involving Robert Carter, the Surrogate at Ferryland, and Mr. Holdsworth. Transmits all available correspondence in the matter. Summarizes his version of the case.

410-410v

10 Oct 1823

Dawe

Tucker

On the case of Miller & Holdsworth vs Carter, and it being handed over to Tucker, requesting his instructions. Includes Tucker’s comments in the margin

410v-411

11 Oct 1823

Tucker

Dawe

stating that he has no further information, except that verbally expressed to him by the Governor of instructions from the colonial office to enquire into the charges made by Holdsworth against Carter, but only when Holdsworth has an authorized representative in Nfld.

411v-412v

11 Oct 1823

Dawe

Tucker

(copy) he is duly authorized to represent Holdsworth in Nfld Court.

412v-413

12 Oct 1823

Tucker

Dawe

(copy) he didn’t mean to question whether he was an accredited agent of Holdsworth, but only that he need such an agent to make application before him before he could begin the enquiry.

413v-414

13 Oct 1823

Hamilton

Tucker

(copy) Giving him documents sent by Bathurst with regards to the case, and telling him to report his opinion at the end, and return the documents with his report.

414-414v

13 Oct 1823

Hamilton

Tucker

(copy of another document for the case) Holdsworth’s memorial, and Carter’s reply thereto.

414v-415

14 Oct 1823

Dawe

Tucker

(copy) telling him the governor said to go ahead with Holdsworth’s complaint, enclosing an answer (dated 13 October) from P. C. LeGeyt, secretary, to a letter he had written making application.

415v-416

-

Tucker

[Horton?]

"N.B." Tucker did not save a copy of his reply to Dawe’s last letter, he describes having informed him of having received his instructions to proceed, and that he would begin to do so, keeping him informed.

416-419

25 Oct 1823

R. A. Tucker

[Hamilton?]

Further Correspondence: On being prevented by the busyness of the Court to address the matter for ten days, he asks that someone else deal with the matter, as he has too many other things drawing his attention.

419v-420v

25 Oct 1823

Tucker

Dawe

Further Correspondence: Telling how he prefers to decline, after reading some of the documents transmitted by Hamilton, to perform the enquiry himself, being already too busy.

422-423

18 Jun 1824

Tucker

Horton

Regarding copies of the Public Ledger which call the Judicature Bill a plot against the rights of the people of Nfld, claiming it seeks to abolish trial by jury in the outports – and the authors target Tucker as the supposed architect of this ‘conspiracy’.

424-427v

-

-

-

The aforementioned newspapers enclosed in Tucker’s letter, containing the libellous articles.

428-429v

14 Sept 1824

Tucker

Horton

On increasing "pauperism" and the need for government aid for people to survive the winter, and the vital dependence upon the Fisheries. Reasons why economy deteriorates. Importance of the seal fishery; declining ability of merchants to assist fishermen

430-431

14 April 1824

Newman H. Hoyles; Foreman of the Grand Jury

Tucker

A letter enclosed by Tucker from the Grand Jurors of the Supreme Criminal Court of St. John’s regarding the need of the people for support during the coming winter. Poor fishery (failure of bait): two-thirds of past years’ catch, even just a half in the northern parts; high price of provisions and gear

432-433

27 Oct 1824

Tucker

Horton

Concerning the lateness of the coming of a Governor, and the resultant lateness in the payment of his salary, which is causing him problems.

W

435-436

11 Mar 1824

Thomas P. Westcote

Bathurst

Having been forced (by Gov. Hamilton, on Ld Bathurst’s directions) to resign on accusations of incompetence, and finding himself quite ruined by such, he begs Bathurst to make an impartial inquiry into what he can only conceive as malicious slander. Has no idea what the specific charges were

437

-

Newman H. Hoyles, Richard Morris, John Dunscombe, R. Brine, Nicholas Gill, Patrick Doyle, J. B. Bland, David Tasker, Peter Henderson, Joshua Gill, Alexander Haine, W. Thomas, Rob. R. Wakeham, Tho Patten . . . [another 1. 5 pages of names]

-

A letter from the Grand and Petty Jurors of Nfld (enclosed in Westcote’s letter) certifying that his conduct of the office of Attorney General was "in every respect correct and proper".

440-449

(rec’d 12 May 1824)

-

Westcote

A list of legal fees in the course of the year to which Westcote has claim.

450

5 April 1824

Westcote

Horton

Asking him to remind Bathurst of his earlier application.

452

20 April 1824

Westcote

Horton

Parliament being closed for the time, he asks for an answer in the hope that he is not being too intrusive.

453-453v

8 May 1824

John Wilks

Horton

Concerning anticipated changes to the Bill and asking for a copy of the Bill.

455-455v

5 May 1824

-

-

On a conversation had with Mr. Wilks on the discussion of the Bill in the House of Lords, to which there was an objection regarding the rights of Protestant Dissenters.

457-461

(rec’d 13 May 1824)

Westcote

-

A "short account" of Westcote’s case, followed by a series of documents supporting his case

463

3 June 1824

Westcote

Horton

Asking for an interview.

465

22 June 1824

Westcote

Horton

Apologizing for his intrusions, claiming his distress and that of his family as excuse, and asking him to consider his case, having not heard from him in some time since the interview.

467-474

(rec’d 8 April 1824)

[Many names]

The House of Commons

A petition of the inhabitants of St. John’s regarding the Bill to improve the administration of Nfld.

475-476v

-

[A number of names]

The King and his Privy Council

A petition from the Protestant Dissenters regarding the Marriage Bill.

477-477v

-

"Schools in Newfoundland"

-

A printed document expressing need for assistance from Great Britain to support schools in Nfld. Contains a list of subscriptions.

479-480

-

[Many names]

Bathurst

A memorial of Merchants and others connected with the Island with regard to the School society, which they are united under.

481-512

Newfoundland Index to Miscellaneous Correspondence 1824

End of Volume 68