CO 194/69 [Reel B-691 and B-692]

Page

Date

From whom(where)

To whom(where)

Contents or nature of the document

1824 Papers Collected by Mr. Wilmot Horton on the Newfoundland Acts of 1824
Fisheries Act [5 G 4 c.51], Judicial Act [5 G 4 c.67], Marriage Act [5 G 4 c.68]

Acts

4-7

3 June 1824

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The same Fisheries Bill seen in CO 194/67 252-254

8-14v

17 June 1824

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The same Judicial Bill seen in CO 194/67 243-250

16-17v

17 June 1824

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The same Marriage Bill seen in CO 194/67 255-256

Mr. Stephens

19-29

24 April 1823

J. Stephen Jr.

Horton

A thorough overview, commentary and discussion of the draft Newfoundland Bill "as proposed by Mr Forbes, the late Chief Justice of that Colony"; Forbes does not view the draft as complete or final. Why surrogates should e abolished or severely limited. Comments include draft of proposed changes regarding marriage

31-32

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"...the general questions on which it is necessary to obtain the decision of his Majestys Government in reference to the Newfoundland Fisheries Bill"

Mr. Forbes

34-40

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Francis Forbes

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"Abstract of papers relating to proposed alterations in the laws of Newfoundland"

42-45v

10 Sept 1822

Francis Forbes

Horton

Further to his suggestions for improvements to the administration of justice in Nfld (get rid of Vice-Admiralty Court; reduce Nfld naval establishment); on the rationale for warships being stationed in Nfld in peace time (support the legal system; defence; preserve internal peace & security). Questions the first rationale because administration of justice by naval personnel is "practically inoperative and bad". Second rationale also questionable (describes how fishery functions; little if any need for protection). British fishermen intruding on French Shore have no right to protection. A warship is useful on the Labrador coast, but only to prevent problems, not to redress them; international disputes must be handled through diplomatic channels, though the behaviour of American fishermen in Labrador justifies a naval presence. Warships may occasionally be useful in lieu of police and in aid of civil power; one ship should suffice. Duties of Vice Admiralty Court can be handled by other courts

46-47

19 Dec 1822

Francis Forbes

Horton

enclosing a statement from a merchant engaged extensively in the fishery and thus with a great amount of practical knowledge on the matter. Also speaks of how the Fishery is affected by foreign policies and treaties. Two main problems: French and American competition; duties on British fish imported into Spain. Need to renew treaty with Portugal. French advantages hurt British fish in Italian markets

48-49v

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the aforementioned statement of a British merchant; describes conditions within fish trade in Portugal, Spain, competition from France and United States fisheries (question of subsidies)

50-52v

29 March 1823

Francis Forbes

Horton

Regarding the surrogate courts, and how they are to be kept consistent with the amendments proposed in Nfld Bill to the administration of justice. No problem in theory, but in practice, they are flawed

53-54

3 May 1823

Forbes

Horton

Refuting a charge from a recent pamphlet that the Governor is controlling the administration of justice.

55--56v

May 14 1823

Forbes

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Reasons against setting up a House of Assembly in Newfoundland.

57-58v

March 8 1823

Forbes

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Remarks on the objections of Hamilton to the Nfld Bill, and Butterworthís clauses on marriages.

Mr. Wilmot Horton

60-61

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"Abstract of the Newfoundland Petition dated 6 May 1822 St. Johns"; poor economy, distress; poverty; recommend cultivation of potatoes; effect of treaties and competition with France, America; need for subsidies

62-63

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"Substance of the Newfoundland Petition"; requesting the repeal of a former act imposing a duty on rum. Discussion of importance of rum trade

64-65

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"House of Assembly", this seems to be notes for a speech, containing excerpted information from previous documents, perhaps relative to the request for house of assembly in Nfld. The points suggest why an assembly is not in the best interests of Nfld

66--71

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R.W. [initials only]

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Observations Upon the Newfoundland Act, to which Forbes is asked to attach his own comments

73-73v

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A list of queries based on advice received from Forbes, Hamilton & others.

74-75v

10 Jan 1823

Francis Forbes

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"Explanations upon certain points of the Newfld Bill, required by Lord Bathurst". Appear to be a number of commentaries relating to specific points that have been raised about the proposed legislation. P. 75v is a lengthy comment on treatment of dogs, and how logs are tied to their necks. Dogs are a nuisance "In the summer they are let loose to live by plunder, and in winterthey are yoked to sledges, ill-fed and hardly worked [i.e., worked hard] and are commonly kicked and beaten to death on the road, at the end of a hard dayís work."

76-79v

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Wilmot [Horton? Not clear]

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Remarks upon the Nfld act, using hypothetical examples of a typical merchant, planter, and fisherman to explain its impact

80-84

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Observations on the Proposed Judicial Bill

The Newfoundland Bill

86v

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A notice that in the following pages, notes are affixed opposite to each important clause. Also, that it is divisible into four general parts (I: Clause i-25 on administration of justice; II: clauses 26-47, diverse provisions relating to Nfld and its internal concerns; III: clauses 48-67, general subjects requiring legislative attention; IV: clauses 68 to end, matters purely local and confined almost completely to St. Johnís

87v

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An introductory preamble explaining circumstances that led to the Bill.

88-109

10 Jul 1823

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" A Bill For the better Administration of Justice in Newfoundland, and for consolidating and amending the Laws relating to the said Colony, [and for other purposes]." With hand-written commentary on alternate pages.

End of Reel B-691; CO 194/69 continued on Reel B-692

109v-120v

10 Jul 1823

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" A Bill For the better Administration of Justice in Newfoundland, and for consolidating and amending the Laws relating to the said Colony, [and for other purposes]." With hand-written commentary on alternate pages (continued from previous reel)

121-164v

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"Original [handwritten] draft of the Bill" [with annotations, insertions, margin notes, etc]

165-

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"Poole & Liverpool Copy of Newfoundland Bill"

168-169

3 Apr 1823

Jos. Dutton (Liverpool)

R. Wilmot

returning the Nfld Bill with thanks of the Liverpool Nfld merchants; they strongly recommend a number of changes. Since French fishery is unlikely to proceed this year owing to war with Spain, they ask whether their fishing ground and land may be occupied to cure fish

170-223v

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the draft Bill with comments inserted by the Poole merchants as well as by the Liverpool merchants after each clause

224

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"Dartmouth [copy of the Newfoundland] Bill" ("sent also to Greenock", p. 257v)

225-

26 Mar 1823

Dartmouth merchants (signatures)

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motion to submit the draft bill with comments

227

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"Mr Forbes Bill"

228-257v

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the draft bill with detailed comments, each comment signed by Arthur Hunt (Chairman of the Dartmouth merchants)

258-325

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"Sir C Hamiltonís Bill", with comments (some on slips of paper that were attached to particular page)

327

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"From Greenock"

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A suggestion for the amendment of the law, with regard to bankruptcies in Nfld.

329

13 May [1823?]

Geo. Rich Robinson

R.W. Horton

Regarding changes to the Fishery Bill to address issues raised in the following letter

330

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A note on application of a law in St. Johnís regarding the location of cooperages to be allowed on the south side of Water and Duckworth Streets.

331

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List of products that may be imported from the United States under the terms of the new Bill, and from other foreign states under specific conditions.

332

     

A further note on policy governing imports and (re-)export through Nfld

House of Commons Bills

334-350

10 July 1823

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Horton

A printed copy of the Bill "For the better administration of Justice in Newfoundland, and for consolidating and amending the Laws relating to the said Colony." Annotation at top of page refers to: 1. Courts of Justice; 2. Insolvencey; 3. Marriage; 4. Municipal Government of St. Johnís.

351-355

4 May 1824

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a printed copy of "A Bill To make Provision for the better Conduct of the Fisheries [at] Newfoundland". With comments in the margins.

356-360

4 May 1824

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"A Bill To make Provision for the better Conduct of the Fisheries on the [shores and ] Banks of Newfoundland [and of its dependencies]". With comments in the margins.

361-364

14 May 1824

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"A Bill (As Amended By the Committee) To make Provision for the better Conduct of the Fisheries on the Banks of Newfoundland." With clauses marked A, B, C, D, and E added by the Committee.

365-371v

24 May 1824

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"A Bill intituled [sic]AN ACT for the better Administration of Justice in Newfoundland, and for other Purposes."

372-374

31 May 1824

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"A Bill intituled AN ACT to repeal an Act passed in the 57th Year of the Reign of his late Majesty King George the Third, intituled ĎAn Act to regulate the Celebration of Marriages in Newfoundland; and to make further Provision for the Celebration of Marriages in the said Colony and its Dependenciesí."

375-376

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A list of alterations and amendments to the Nfld Marriage Bill.

377-379

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"A BILL (As Reported from the Committee) intituled An Act to repeal an Act passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled An Act to regulate the Celebration of Marriages in Newfoundland; and to make further Provision for the Celebration of Marriages in the said Colony and its Dependencies".

Newfoundland, Lords Bills

382-391v

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"A BILL intituled An Act for the better Administration of Justice in Newfoundland, and for making further Provision for the Solemnization of Marriage in the said Colony, and for other Purposes."

392-394

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"A BILL (As Reported From the Committee) intituled An Act to repeal an Act passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled An Act to regulate the Celebration of Marriages in Newfoundland; and to make further Provision for the Celebration of Marriages in the said Colony and tis Dependencies."

Select Committee 1817

397-421

26 June 1817

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"Report From Select Committee on Newfoundland Trade: with Minutes of Evidence Taken Before the Committee; and an Appendix.". Contents Follow.

397v

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Table of Contents.

398

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The Report

398v-420

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Minutes of Evidence; particulars follow, but generally the several people who presented evidence described not only the nature of their own business in Nfld, but also such matters as the state of the colonyís development, prosperity, the "surplus population" (i.e., te level of poverty), competition from the French and the Americans, market conditions in Spain, Portugal, Italy, and elsewhere, the nature of the French fishery, treaty privileges, St. Pierre and Miquelon, the increasing number of women and children ("a thing unprecedented in the fishery; the merchants used only to send out labourers, not married men with children"; George Kemp, p.416v), etc.; desirability of subsidies or bounties; system of truck

398v-406, 420

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George Garland (of Poole)

406-409

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James Henry Attwood; presents a memorial of a Committee of Merchants of St. Johnís (8 Feb 1817)

409-413, 417v-418

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George Kemp, Jr. (of Poole)

413-414 , 418-419

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John Preston (of Torquay but representing merchants of Teignmouth)

414-417v

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George Kemp

417v-418

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Benjamin Lester Lester

419-419v

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John Job (Liverpool)

419v

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Thomas Holdsworth Hunt

420

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Marmaduke Hart

420v-421

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Appendix: Return of quantities of fish caught, cured, exported (to where); also salmon each year 1804-1816

422

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"Papers moved for by Mr. Hume [Nunn?] 1824"

423-459

25 Feb 1824

R. J. Wilmot Horton

House of Commons

A printed document: "Papers relating to the Island of Newfoundland". This begins with a two-page list of various documents (each one summarized), then the documents themselves; nearly identical to CO 194/68-69 [Reel B-691] pages 8-44.

460-461

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A handwritten list of documents to be compiled into the aforementioned folio.

462-465

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The reasons behind the inquiry which required the "Papers relating to the Island of Newfoundland" "must be sought for in the Memorial to Earl Bathurst, dated in Dec 1822, from the Committee appointed by the Inhabitants of St. Johns". The grievances include delays in reconstructing the town [after the fire], the way in which the colony was administered, the existing system of jurisprudence, the lack of economic development and leadership, neglect of agriculture, etc.

Miscellaneous Papers

467-470

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An abstract of regulations for St. Johnís prepared by the Committee of the inhabitants (issues of property, reforms, development, etc).

471-486

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"Inquiry into the present state of the trade and fisheries of Newfoundland". Comparing current returns with former ones, and trying to explain the contrast between the current distress and former prosperity; problems of competition with French and American fisheries; need to open up trade, markets through reforms to existing laws governing duties (e.g., rum from West Indies); need to promote the development of agriculture and livestock (which would offer "employment to the females, who are now idle, for want of the means of occupation, during one half of the year"; problem of dogs prevents sheep rearing); problems with debt, wages, property; problems with "inappropriate and defective laws"; discussion of various proposed reforms to the system of jurisprudence and administration; drawbacks of "surrogating". Including, in the Appendix, some financial statistics showing relative costs of outfitting American fishing ships; exports from Nfld in 1820.

487-488

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Some population statistics for various part of Nfld.

489

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"Newfoundland. Letters of compliment [sent to?] Sir C. Hamilton. Letter from Mr. Holdsworth complaining of the Supreme Court"

490-491

13 Oct 1822

Henry Shea, Vice President of the Benevolent Irish Society

Hamilton

Expressing their appreciation and thanks to him, prior to his departure as Governor. Brief references to the work of the Society

492-493v

14 Oct 1822

Inhabitants of St. Johnís (many names)

Hamilton

Expressing their thanks and appreciation, and giving their best wishes, on his departure.

494-495

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Merchants of Conception Bay

(numerous names)

Hamilton

Concern that failure of the fishery will lead to a repetition of "those serious disturbances which occurred at the Commencement of the year 1817"; request his proetctionand "Strong aid to the Civil power" to protect their property

496-497

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Henry Holdsworth, John Steer, Francis Free, Elias Randell, Robert James Carter, Machael Holly, William M. Amis, Thomas Norris, James Paining, Thomas Conqdon, Henry Hollan, Ron Hillyrun.

The Committee of the Nfld Trade St. Johnís

Regarding the inconvenience caused them by judicial courts regarding disputes between Masters and Servants

498

5 Feb 1823

J. Butterworth

Horton

Regarding the Marriage Bill, and transmitting a letter from a Reverend John Bell.

500-501v

3 Feb 1823

John Bell

J. Butterworth

A letter from a missionary of the Wesleyan society, describing "some of the inconveniences and mischiefs" caused by the 1817 Marriage Bill

502-503

25 Mar 1823

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A brief overview of the Bill(Ďs history?).

504-505v

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A summary of the Landergan case, who refused to give up the fishing room he sold.

507-506

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[Printed copy of] A petition of the Roman Catholics of Newfoundland concerning the proposed marriage act.

Fire in Newfoundland

510

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A memo summarizing measures taken for the relief of sufferers of the late destructive fire in Newfoundland. The memo provided background for the papers included below

511-511v

2 July 1816

Henry Goulburn

Gov. Pickmore

sends him a letter from the Treasury regarding steps for the relief of sufferers of the fire.

512-512v

1 July 1816

R. Lushington

Henry Goulburn

responding to reports of the disastrous fire and the steps to be taken for relief of sufferers of the fire.

End of Volume 69