CO 194/73 [Reel B-694]

Page

Date

From whom(where)

To whom(where)

Contents or nature of the document

Newfoundland 1826 Vol 2. Public Offices and Miscellaneous

Admiralty

4-5

1 Mar 1826

Barrow

Horton

Regarding Cochraneís request for the passage of the wife and four children of Richard Bird, a marine of the Plymouth division serving aboard the Egeria, saying that because the woman was a native of the Island, her passage should not have been paid from the public expense, and thus cannot be charged against the manís pay.

6-6v

24 Feb 1826

Samuel Roberts

Croker

Copy of a letter from the captain of the Egeria, in which it is revealed that Birdís wife was a native of St. Johnís. Roberts gave Bird permission to carry his family to Nfld.

8-9

25 Feb 1826

Col. George E. Vinicombe (?), C.O. Plymouth Regít

Barrow

Further Correspondence: Bird married in Nfld in 1817 when serving in the [Nova Scotia Fencibles?]; when transferred into the Marines and assigned to Egeria, he took family to England, then brought them back the following year. When the ship was sent back to England in 1824, the wife and kids remained in Nfld, expecting that her husband would be stationed again in Nfld

10-11v

10 May 1826

Barrow

Horton

Gov. Cochrane has requested that naval ships be assigned to carry the Judges on their Circuits. The Admiralty however assumed that the political changes brought about in 1825 would mean an end to the role of the navy in transporting judicial administrators. They are therefore reluctant to direct the Admiral of the North American station to add to his costs by providing such a service

12-12v

7 June 1826

Barrow

Horton

Further Correspondence on the above; response to Hortonís of 5 June. "Lord Bathurst is mistaken in supposing that the alteration in the system of the Government of Newfoundland was in any degree suggested or even approved by their Lordships" [of the Admiralty]

14

10 Aug 1826

Croker

R.W. Hay

Regarding report by Lt. A.F. Gardiner, commanding HM Brig Clinker, that Postmaster of St. Johnís has been charging 2 pence for every letter addressed to seamen on his ship, and 6 pence for letters delivered.

16

8 June 1826

Allen F. Gardiner

Croker

Copy of original letter complaining that Mr. Solomon, the Post Master at St. Johnís, is charging sums for mail to or from sailors serving in HM Brig even though Govít in England already pays for any such costs

18

15 Aug 1826

Croker

Horton

Transmitting a letter from Rear Admiral Lake concerning the detention of some French Fishing vessels on the Coast of Nfld for infringement of the "subsisting treaties."

20-21

15 July 1826

Rear Adm Lake (Jupiter, Halifax)

Croker

incident reported to him by letter of 14 June by Lt. Gardiner, HM Brig Clinker, "this being the first instance brought before me of any infringement of subsisting Treaties". Lake directed Gardiner to release the French schooner and make representation of the incident to French authorities at St. Pierre. Gardiner subsequently wrote back, indicating he was responding to complaints in Fortune of "repeated encroachments of the French fishermen" so he seized three vessels and sent them to St. Johnís for prosecution in the V Admiralty Court

22

25 May 1826

Gardiner

Attorney General in St. Johnís

Report by Gardiner on his actions. French fishing vessel caught fishing within the limits prescribed by Treaty, and asks on what grounds he has been recommended that the prosecution be halted

24

25 May 1826

James Simms

Gardiner

a reply from the Attorney General to the above, reiterating his recommendation; Simms "saw nothing in the case to warrant my advising a prosecution"

26-28

16 May 1826

Gardiner

Rear Admiral Lake

Reporting to R.Adm. Lake his capture of a French boat in violation of treaty limitations, and of the recommendations of the Attorney General. He had been at Burin when he received information that a French vessel "had put in for the purpose of procuring bait". Sent a boat with several men to search for the French vessel. Found a French schooner at anchor off St. Maryís, among several English boats, fishing and salting cod to the moment of seizure. Mr. Carter, the V.Admiralty judge being absent, he submitted the case to the Attorney General, who quickly advised against prosecution. Gardiner requests an explanation, recognizing "the injury which might arrive to our fisheries were it to obtain credance that the Legislature of this Colony do not feel bound to support His Majestyís Officers in the execution of their duty." Had hoped the French vessel would be condemned and thus become available for employ on the South Coast by HM Customs in putting a stop to illicit trade, Customs having at the moment neither boats nor crew with which to do this

30-30v

-

R.E. Rogers, Mate of HMB Clinker

 

"A statement of the circumstances under which the French Fishing boat Bolivarť, Captain Nicol, of St. Peters, has been detained". A slightly more detailed report than Gardinerís, Rogers having been the person placed in charge of the seizure

32-33v

16 June 1826

Rear Adm W.T.Lake
(HMS Jupiter, Halifax)

Gardiner

Responding to his letter, and stating that "I do not understand on what grounds the Attorney General at St. Johnís comes to the conclusion he can see nothing in the case to warrant his advising a prosecution". He nonetheless advises letting the schooner off with a warning, as they werenít undertaking any illicit trade. Also, he commands him to go to St. Pierre and make a representation in his name of the circumstances of the case to the commanding officers there, with a warning about further infringements.

34-37

24 June 1826

Gardiner (Clinker, off Chapeau Rouge)

Rear Adm Lake

Regarding the accidental stranding and subsequent plundering of a French ship in Ship Cove by the inhabitants of Fortune, and the investigation thereto. Vessel had grounded near St. Pierre, and re-floated by removing some of cargo. Left at anchor while crew was on shore. Wind came up, cable parted, vessel drifted towards Fortune. A number of fishermen towed the vessel into Ship Cove and helped themselves to her remaining cargo (butter, flour, sails, cordage). "So much system & expedition has been evinced by these notorious wreckers, that notwithstanding a diligent search, a pile of knees & timbers, regularly packed, above high water mark, deprived of every bolt and nail is the only vestige that now remained to indicate her loss." Gardiner saw no point in trying to recover "what had long since been either disposed of or consumed," he convened the people of Fortune and read the various Acts of Parliament governing such matters (and of which "they appeared to be totally ignorant"). Gardiner then learned about encroachments by French fishermen, esp. at Grand Beach & Bar Harbour. Sent Mr. Matson with some men to investigate; some seizures made. Later, having moved his brig to Harbour Breton, he directed Mr. Rogers to reconnoitre the area; more seizures, while others fled. Merchants of Harbour Breton claim that the French over-winter on the coast, building vessels which they launch in the spring

38-38v

29 Sep 1826

Barrow

Horton

Transmitting further correspondence about the infringement of treaties by some French fishers.

40-45

1 July 1824

Admiralty

Lake

Extract of detailed instructions issued to the Commander in Chief of H.M. Ships in North America & Newfoundland, concerning foreign fishing rights (or rather, the lack thereof) in and around Nfld.

46-46v

13 Oct 1826

Barrow

Horton

Regarding the postal charges for Seamenís letters. As it appears to be a colonial matter, they feel that Lord Bathurst should provide instructions that they should be the same as in other places.

48-48v

16 Nov 1826(recíd 18 Nov 1826

Barrow

Horton

Regarding (among other things) the detention of some French Fishing vessels, he sends more despatches on the subject from Lake for Bathurstís consideration. Would like Bathurstís opinion on the matter to be directed to the Admiralty

50-52

10 Oct 1826

Lake

Croker

Update on steps taken following detention of French vessels, with summaries explaining the various supporting correspondences.

54-55v

26 July 1826

Lake

Gov. Cochrane

Lake is concerned that the colonial courts have not stepped in to deal with the legal issues ensuing from the seizures. Lake wants Cochrane to instruct the Supreme and Vice Admiralty judges as to the authority Lt. Gardiner exercised to effect the seizures. C.O. of the Contest has been instructed to head to St. Pierre to "remonstrate" to the French authorities

56-57v

26 July 1826

Lake

The Senior Officers of HM Ships at St. Johnís

Explains situation to the naval officers commanding in Nfld; French crews may be released but seized vessels remain. Authorities at St. Pierre are to be informed and will be expected to remind their subjects of the Treaty limitations.

58-61v

30 Aug 1826

Cochrane

Lake

Response to Lakeís of 26 July. Reports that the French vessels and their crews have returned to St. Pierre. Denies that the colonyís law officers did not provide Gardiner with assistance, but Gardiner received their advice "ungraciously". Supreme Court not in session; how could it therefore have claimed that it had no authority in the case? Colonial Secretary denies any knowledge of the advice he is alleged by Gardiner to have provided. Claims that Gardiner never advised the civil authorities of the French prisoners in his control until approached by the civil authorities [in short, this has become a "he says ... he says" situation]

62-64

15 Aug 1826

James Simms

E.B. Brenton (Secretary)

His version of what happened. Claims that his advice was to release the French prisoners "unless their detention can be justified under some order of His Majesty in Council, made in the matter." If not, "their long detention in this Port, without instituting any legal proceedings against them, would be I conceive altogether unjustifiable" [underlined in original]. Feels vessels caught violating the treaty restrictions must first be warned, and if they persist despite the warning, they should be carried into St. Pierre. Simms told Gardiner all this after the seizure of the first vessel, the Bolivar. Against Simmsí advice, Gardiner proceeded against the French vessel in the Vice Admiralty court, which dismissed the charge. No proceedings were taken by the Supreme Court, which was not sitting at the time. Explains how the owner of the vessel took legal steps to recover it. Had no foreknowledge of the Act 59 Geo. 3, cap. 38 until Cochrane informed him (further proof that senior judges need a compendium of all statutes)

66-66v

16 Aug 1826

Brenton

Chief Justice Tucker

Directs Tucker to provide himself and the judges with copies of relevant statutes regarding treaty privileges of the French and the Americans

68-69

18 Aug 1826

Tucker

Brenton

His interpretation of the statutes with respect to the current seizures. Concludes that the legislation permit actions in specific situations against American citizens and French subjects

70-71v

21 Aug 1826

Lt. Charles English, HM Brig Contest, St. Johnís

Rear Adm Lake

describes the steps he has taken. Explains how Cochrane ordered the release of the French crews & vessels. Describes condition of the vessels & steps taken to make them seaworthy. Transmits the various legal opinions he has received. He has passed on the task of going to St. Pierre to Capt. Jones of Orestes

72-72v

21 Aug 1826

Charles English

Lake

explains his decision to provide the French vessels returning to St. Pierre with various essentials without which they could not proceed

74-74v

21 Aug 1826

Brenton

English

regarding rigging and other supplies needed by the French in order to return to St. Pierre

76

-

-

-

the list of articles to be given to French vessels

78-78v

21 Aug 1826

English

Brenton

Informs him that orders have been given to provide the French sailors with what they need; English will now sail for the coast of Labrador

80-81

12 Aug 1826

Capt. Jones, HM Sloop Orestes (Isle of Bois, Str of Belle Isle)

Lake

Extract of a letter describing his movements in July and August, and the "just complaints" of French fishermen that their fishing stages at Croque had been plundered and destroyed by British subjects on their way from Newfoundland to Labrador; French property had been left in the care of "some English Persons, during their own absence in France". Notes however that the French do not always pay strict attention to the treaty terms; many are fishing on the Labrador side of the straits. They knew they were violating the treaty, but did so only while there was no one there to enforce it.

82-83

14 Sep 1826

Capt Jones

Lake

Another extract, regarding the detention of vessels by Lt. Gardiner, and the above, and a conference with the French Governor at St. Pierre. He arrived in St. Johnís on 24 August; Lt. English had sailed two days before, but not before liberating the French crews & vessels. It remained for Jones to proceed to St. Pierre to make remonstrance to the authorities there. First Jones conferred with Gov. Cochrane about the depredations at Croque. Cochrane told Jones to assure the French governor that every step would be taken to protect French rights. Thus prepared, Jones headed off on 31 Aug and arr. at St. Pierre on 5 Sept. Jones describes his proceedings, and the French governorís assurances

84-85v

26 Aug 1826

Jones

Cochrane

Jonesí report to Cochrane regarding the protection of French fishing stages plundered by British subjects and of French violations of treaty terms

86-87v

29 Aug 1826

Simms

Brenton

Simmsí comments on Jonesí letter to Cochrane. Regards British depredations of French stages as serious, "particularly since ... within these few years, ... on repeated occasions, similar offences have been committed by British subjects on their way to Labrador." This behaviour is felonious. Recommends that judge based at Twillingate proceed to Croque to collect evidence and witnesses, identify the guilty, and take legal action

88-91v

5 Sep 1826

Jones, HM Sloop Orestes, St. Pierre

The Governor of St. Pierre

regarding the violation of treaties. French violations of treaty terms on the Nfld coast "have assumed a character of system and extent which renders it impossible that they should remain longer unnoticed." French authorities at St. Pierre must act accordingly. Also reports that English settlers on South Coast of Nfld have been "greatly injured, and annoyed" by French fishermen who "actually ... build Vessels with Timber cut at convenient spots, which they launched in the spring, after wintering on the shores of Newfoundland". Officer stationed there this past summer detained some vessels and crews for infringing the treaty terms; they have been released. Also reports French fishermen on the Labrador coast; Jones emphasizes the leniency of his response. Remarks on a French fisherman found at St. Modeste Bay, claiming to be fishing there with permission of local settlers in return for the cod livers

92

-

-

-

a list of French vessels found fishing on Labrador coast

94-96v

6 Sep 1826

The Governor of St. Pierre

Jones

a reply (in French) to the above.

98-98v

26 May 1826

Newman & Co.; T.S. Christophers(Harbour Breton)

To the Governor of St Peters and Miquelon

Asking for what reason the boat Gannet, Robert Poole, Skipper, has had its rudder unshipped and been arrested under accusation of piracy when it put into St Peters due to weather, coming out of St. Lawrence.

100-100v

-

"Le Commandant et Adminstrateur pour le Roi"

-

a reply to the above, in French.

102-102v

-

Capt. William Jones

-

a note on the foregoing two letters, saying that they were attached with the correspondence between the Governor of St. Pierre, and Jones, the originals were left with Gov. Cochrane, who wishes to put an end to "such insolent irregularities". "These Copies are respectfully submitted as proofs of the extreme difficulty which attends the discovery of truth on such a Coast as that of Newfoundland and the caution which it is necessary to observe in receiving the Suplacents which are made by the Settlers."

104

Rec 18 Nov 1826

Lt. Charles English

Rear Adm Lake

Seeks Lakeís approval regarding steps take to provide French fisherman with provisions to return to St. Pierre; please inform Victualling and Navy Boards of that approval.

Agents

107-107v

2 Jan 1826

Thomas deVilliers

Horton

Regarding Hamiltonís orders to his bankers not to pay bills drawn on him by Cochrane, and also claiming £8..9..100 "as an allowance for stationary [sic] from 16 April to 19 September".

109-110

25 Feb 1826

Robert Gwilt

Horton

Regarding the salaries of Simms and Molloy, and of Captain Patterson, newly appointed assistant Judge; requests additional information & instruction

111-111v

30 Mar 1826

Robert Gwilt

Horton

Regarding the death of John Bland, who had retired from the office of High Sheriff with a Pension of £290 p/ann., and noting that he has left a blind widow of over 60 years.

113

6 April 1826

Robert Gwilt

Horton

Asking sanction for the payment of Capt John Eagar, who had acted as surrogate in the late Civil establishment, but had not been mentioned upon the establishment voted by parliament in 1825.

115

14 Sep 1825

John Stark (Secríy Clerk, St. Johnís)

 

Acknowledges receipt from John Eagar, C.O. of HM Brig Clinker the records of the Surrogate Court that he kept

117-117v

18 July 1826

Robert Gwilt

Horton

Regarding the salaries of the surrogates whose service had been extended.

119

26 July 1826

Thomas de Villiers

Horton

funds remaining in his hands are not sufficient to comply with the requests of the Governor for payment of Mr. Westallís annuity

121-121v

31 July 1826

Robert Gwilt

Horton

Regarding the bills from the three surrogates whose service was extended.

Council Office

124

11 Sep 1826

John Sorter

Horton

Regarding, favourably, Cochraneís suggestion that they impose duties on imported wines in order to support the Public Hospital and other public establishments.

Foreign Department

127-127v

16 Sep 1826

Howard de Valder (?)

Horton

Regarding the infringements of treaties by French fishermen and the detention of their vessels; Canning cannot form a judgement without a copy of the instructions under which Admiral Lake and Capt. Gardiner are acting

129-129v

30 Oct 1826

Joseph Planta (?), Foreign Office

Horton

More on the same issue; evidently a cover letter for a copy of the Advocate Generalís report on the matter

131-136v

18 Oct 1826

Christopher Robinson

Secretary Canning

Regarding the alleged infringement of the treaties. Offers an interpretation of the treaties by which French fishery at Newfoundland is restricted. Treaties provide no reference to punitive actions to be taken in case of infractions. Lake appears to feel that every infraction can lead to adjudication, but "that is not correct". Warnings may therefore be more appropriate than punitive action. Referring to the Treaty of Utrecht, the Treaty of Versailles (1783),, 26 Geo 3 Ch 26 S 20.21.22, Treaty of Utrecht Art 21 &13, Treaty of Paris 1763 Art 5, and the Convention of 20 Oct 1818 (Regarding American liberties). Suggests that the concessions granted to the Americans "may probably weaken the importance of former restrictions on French Fisheries". No authority has been given to the Admiralty Courts to exercise jurisdiction, concluding the Lake and Gardiner "were in error".

139-139v

7 Dec 1826

Joseph Planta

Horton

Acknowledging receipt of Hortonís letter of 2 December enclosing additional papers regarding the detention of the French Fishing ships.

J. Stephen

142-143

6 Jan 1826

J. Stephen Jr.

Horton

Regarding the appointment of Colonel Burke to the council, who as a Catholic cannot take certain oaths. This precise question was considered when Cochraneís instructions were issued. Burke and "all other Catholics" must therefore be excluded from Council

144-145

27 Mar 1826

J. Stephen Jr

Horton

Has reviewed 46 "Rules and Orders made by the Supreme Court of Newfoundland" since 19 Sept 1825. "It is in all cases, exceedingly difficult to form an opinion to what extent the peculiar local circumstances of any Colony, justify the introduction of new principles of Law and new forms of Judicial proceeding." Inhabitants of Newfoundland "live under among Britainís circumstances for which perhaps it would be difficult to find a parallel" any other British colony (they are predominantly fishermen; poor land communication, their ignorance and rudeness, absence of persons bred to the legal profession, custom of deciding lawsuits "in the most compendious and summary fashion"). For this reason, "departures from the usages of England in analogous Cases, are probably much better adapted to the condition of Society in Newfoundland than if the English model had been more closely followed." Therefore recommends approval of the rules and orders

146-147

27 Mar 1826

J. Stephen Jr.

Horton

Approving a proclamation made by Cochrane (and described in Cochraneís despatch of 29 December 1825, with supporting documents) as being consistent with the Royal Charter. Apparently relate to division of Nfld into judicial districts until new judicial system can be implemented

148-150

3 Aug 1826

Stephen

Horton

Regarding the establishment of a civil court in Labrador. There was some question whether the courts were valid because there was dispute over when the empowering legislation had been passed. Stephen supports the Nfld judges who claimed that this is hair-splitting, and that the courts are indeed valid

152-152v

9 Sep 1826

Stephen

Bathurst

His opinion on rules made in Nfld for regulating the practice of the Supreme Court with certain Rules and Order

154-162

18 Sep 1826

Stephen

Horton

Offers his opinion on questions about the Incorporation of St. Johnís, the Corporation of Cities in general. and the efforts in St. Johnís to set up local municipal governing councils

163

20 Nov 1826

Stephen

Horton

Regarding the preparation of a draft to go before parliament for an Act to impose duties on Wine and Spirits imported into Newfoundland.

165-166

-

-

 

Draft of the aforementioned act.

Ordnance

167-168

25 Jan 1826

R. Byham

Horton

Saying that as Cochrane is a civil governor, the Ordnance Department cannot be held responsible for the expense of renovating Government House.

169

1 Nov 1825

John Terrington; Lt. Col. G.G. Lewis, Thomas Skinner (Royal Eng.), Maj. William Griffin (Royal Artillery), Ordnance Office, St. Johnís

Secretary, Bd of Ordnance

an estimate for the expense of repairs to Government House, ordered by Gov. Cochrane

171

15 Nov 1825

John Terrington; Lt. Col. G.G. Lewis, Thomas Skinner (Royal Eng.), Maj. William Griffin (Royal Artillery), Ordnance Office, St. Johnís

Secretary, Bd of Ordnance

requisition for expenses incurred in making repairs to Government House, in addition to those made to the Barracks and Treasury Buildings

173

9 Nov 1825

John Terrington; Lt. Col. G.G. Lewis, Thomas Skinner (Royal Eng.), Maj. William Griffin (Royal Artillery), Ordnance Office, St. Johnís

Secretary, Bd of Ordnance

Submission of expenses to be reimbursed for repairs to Government House

175

20 Oct 1825

G.G. Lewis

the Respective Officers of Ordnance Newfoundland

An estimate o what is needed to make Government House "wind and weather tight, and as comfortable as circumstances will admit of, for the approaching Winter"

177-184

20 Oct 1825

-

-

"Report and Estimate of Works and Repairs," with detailed inventory, amounting to £197"18"6 1/2

185

14 Feb 1826

Griffin

Horton

ditto, a second estimate

187

16 Dec 1825

John Terrington; Lt. Col. G.G. Lewis, Thomas Skinner (Royal Eng.), Maj. William Griffin (Royal Artillery), Ordnance Office, St. Johnís

Secretary, Bd of Ordnance

Estimate of 1 November 1825; ordered transmitted to Horton for Lord Bathurst

189

31 Oct 1825

E.B. Brenton, Governorís Secretary

Lewis

Conveying Cochraneís orders to make certain repairs be done to the Government House and out-buildings

191

1 Nov 1825

John Terrington; Lt. Col. G.G. Lewis, Thomas Skinner (Royal Eng.), Ordnance Office, St. Johnís

-

Copy of the "Report and Estimate", amounting to £199"8"3 1/2

197

14 Feb 1826

Griffin

Horton

a third estimate

199-200

1 Jan 1826

Lewis et al

Griffin

amounting to £478"17"8 1/2

201

17 Nov 1826

Brenton

Lewis

Directions for further work to be done on Government House

203-204v

26 Oct 1825

Lewis, Skinner, Terrington

-

a description and report on the state of Government House

207-207v

26 Oct 1825

Lewis et al

Brenton

The directions received from Cochrane, and the estimates they have accordingly drafted to carry out the works; they were asked for their opinions on whether Government House should in fact be repaired. Opinions and responses follow

209-212

21 Nov 1825

Lewis et al

-

Report and Estimate" for work to be done to Govt house fences, amounting to £81"10"10 1/2

213-213v

14 June 1826

R. Byham

Horton

Regarding the costs of implements and stores issued in response to Cochraneís orders for repair the streets and roads of St. Johnís, amounting to £184"13"9.

Treasury

216

20 Feb 1826

J.C. Hermis

Horton

Instructing Bathurst to tell Cochrane to do the repairs to the Sheriffís house, but to charge it to the Rents of the Island, as Ordnance will not pay for any work that is purely civil, being itself a department which is not civil.

218

15 Mar 1826

J.C. Hermis

Horton

Response to Hortonís of 10 March, concerning the above. If work proceeds, the Colonial Office will probably be expected to reimburse the Ordnance Board somehow

220-221

14 Mar 1826

J.C. Hermis

Secretary to Ordnance

Asking for an "opinion upon the reasonableness of the estimate" for the renovation of Government House. Treasury would be pleased if Ordnance would undertake the work, even though it is for a civil establishment, because there is no local contractor capable; Treasury will provide the finds to reimburse the Ordnance

222-222v

30 Mar 1826

W. Stile (?)

Horton

Saying that concerning the estimates for the Civil Establishment of Nfld for 1826, that they cannot place the proposed Bill before parliament to provide for the colony within the present year.

224

16 May 1826

W. Stile (?)

Horton

Transmitting correspondence from the Secretary of Ordnance.

226-226v

23 May 1826

W. Stile (?)

Horton

Regarding an extract from the Agentís State of the Account, and on payments made by him to people whose salaries were not given on the warrant of the establishment, but authorized under special authorities instead, amounting to £526"10"0.

227-227v

-

-

-

Extract of the auditorís account of Robert Gwilt, agent for the civil establishment of Newfoundland

230

14 June 1826

W Stile (?)

Horton

Concurring with Bathurstís recommendation that the fine of £50 levied upon James Miller by the Judge of the Surrogate Court of the District of Ferryland be remitted.

232

28 June 1826

W. Stile (?)

Horton

Saying that a sum should be admitted into Gwiltís credit in the account which has been presented for Declaration.

234

12 Aug 1826

J.C. Hermis

Horton

Authorizing Gwilt to pay three bills to three surrogate Judges.

236

9 Sep 1826

J.C. Hermis

Horton

Agreeing with Bathurst in theory on the goodness of opening roads and lines of Communication in the Colony, but insisting that there is no money available for such a project, and "under the present Circumstances of the Country", does not want to propose a Grant for Parliament for such.

238

12 Oct 1826

W. Stile (?)

Horton

Regarding Cochraneís despatch concerning the state of the poor in Nfld, and inquiring about Cochraneís expenditure of £2100 for the repair of roads; requests clarification as to the source of funds for this expense

240-240v

16 Nov 1826

W. Stile (?)

Horton

Regarding Cochraneís erection of a new court house and gaol, saying that without an application to Parliament, they have no funds available at their disposal for such a project.

War Office

243

18 Aug 1826

W. Merry (?)

Horton

Regarding application of Lieut. Benjamin Greer Garett (late of the 98th Regít) for payment of half-pay salary plus his income as Clerk of the Southern Circuit Court. Request for information on how much that income should be

245

20 Sep 1826

W. Merry (?)

Horton

No response to previous request; still need that information

Newfoundland School Society

249

24 May 1826

Samuel Codner (Honíbl Secríy)

[Ld Bathurst]

Requesting an interview.

251-252

2 June 1826

Codner

Horton

Informing Bathurst of their intention to send their Assistant Secretary to Nfld to inspect the schools they have thus far established, and asking that he give him a letter of introduction to the Governor, to facilitate his work there.

253-253v

3 Aug 1826

Percival White

Horton

Asking him to make his donation to the Society of ten pounds in Guineas; "by so doing you will enable the Committee to obtain the benefit of your name as a Life Governor, which they consider of importance"

255-256

5 Sep 1826

G.R. Robinson, Samuel Codner, Percival White

Horton

Regarding the plan to send 13 new teachers to Nfld, the incredible zeal of the inhabitants for schooling, but this zeal has created fresh demand which challenge the temporary shortcomings of their finances. They therefore ask the "friends" of the society to provide for.

257-257v

8 Nov 1826

Codner

Horton

Asking for an interview while he is in town.

Miscellaneous Offices

260-260v

1 Mar 1826

V. Greeley (? Name very difficult to read) [presumably Secríy to Postmaster General]

Horton

Regarding Cochraneís recommendation that a post office be established in Nfld., and mail boats between St. Johnís & Halifax. Must first consult with Postmaster Generalís agent in Halifax

262-262v

12 April 1826

G.W. Brande

Horton

Treasury has asked Commissioners of Colonial Audits to look into Nfld revenues under Gov. Hamilton. Request that Lord Bathurst provide the Commissioners with Hamiltonís accounts and relevant instructions

264-265

1 July 1826

Greeley (?)

Horton

Further Correspondence: giving a thumbs-down to Hamiltonís recommendation, as "intercourse between our North American Provinces and Newfoundland is extremely limited"

266

21 July 1826

S. LeFevre

B. Harrison

Bathurst

Transmitting despatches addressed to him that had arrived at the Treasury.

268

21 July 1826

S. LeFevre

B. Harrison

Horton

More or less a duplicate of the previous letter

270-270v

17 Aug 1826

V. Greeley

Horton

Regarding charges added to Seamenís letters. There is no 0official post office in Nfld and the charges therefore must arise from a colonial regulation

272

16 Oct

Brande

-

Req.: to be furnished with instructions & orders respecting Brit. currency

273

A

274

8 June 1826

C. Ashfeild

Bathurst

Wants to be appointed a District Clerk for one of the colonyís judicial districts, having failed to be appointed "Chief Clerk of the Supreme Court ..., a Mr Basted having been preferred althoí he is not a professional Man."

276

B

277-278v

11 Jan 1826

George Washington Busteed

Horton

Regarding his appointment to Chief Clerk of the Supreme Court, and his having been declared merely the Acting Clerk, and all the impediments attached thereto, asking that his appointment be enforced.

279-281

20 Feb 1826

John Bastard

Horton

Regarding his friend Holdsworth, who is a candidate for joining the Atheneum Club of which he (the recipient) is a member. Asking him to come to the meeting where Holdsworth is to be balloted, in order to cast his vote in favour of Holdsworth. Rambles on with gossip from Henry Holdsworth (a relative of the candidate) and the charges of Mr. Carter regarding Holdsworth & Molloy

282-283

20 Mar 1826

John Bastard

Horton

Regarding the business relative to Mr. Carter and the report of Mr Molloy and his Conduct; his friend, Holdsworth, wants to hear about the result, as it affects his business in Nfld.

284-284v

13 April 1826

G.W. Busteed (St. Johnís)

Horton

Various snippets of news. A paragraph on a fellow cabin passenger on the June, one Mr. Morris "of the respectable House of Brown [__yles and Morris of this Town", Mr. Dobie an apothecary here and an half pay Surgeon in the Royal Navy and a fine lad of about 17 years of age, the son of Lieut Col Burke, commanding the veterans. Then reports on a fatal duel fought the week before between a Captain Redkin and an Ensign Philpot; the ensign was shot dead though the duel was caused by Redkinís "very great provocation". The principals and seconds have turned themselves in. The seal fishery should be good that year.

286-287v

30 April 1826

John Bastard

Bathurst

More on the report of Molloy on the charges exhibited against Lieut Robert Carter by "my friend" Henry Holdsworth. Has since received Holdsworthís account of Carterís behaviour and actions

288

-

-

-

"Mrs. Bland. Petition for Pension" [no accompanying text]

289

20 Aug 1826

Wm Broad & Sons

Horton

Regarding a letter from the office of the Sec of State for Capt Morice of HM Treasury Yacht Forte, which missed the ship because it had already sailed. Should it be sent on the next available vessel.

291-291v

15 Sep 1826

Brenton

Horton

Regarding a letter to be forwarded to Sir John Beresford, Cochrane having departed on his tour of inspection northwards. Brenton is flattered by its contents. The letter seems to relate to Judge Molloy [Molloy was suspended from the bench for various infractions including embezzlement; see CO 194/72: 229-234 and following]

293-293v

8 Sep 1826

Tucker

[Brenton?]

[Encl. in Brentonís] Stating his desire that the unnamed person to whom this is addressed [Brenton?] should succeed to the vacant post on the Judges Bench. Encourages him to share the letter with Mr. Horton

295-300

Sep 1826

G.W. Busteed

Bathurst

Memorial from Busteed, concerning his desire to take up the position (and salary) of Chief Clerk of the Supreme Court in St. Johnís Newfoundland, based in part on a letter he received in June 1825 from Mr. Horton (enclosed). Detailed account of Busteedís response, his movements, the people who support him in this, etc

300

31 May 1825

Horton

Busteed

The letter mentioned above. Horton asks whether he is interested in the position of Chief Clerk of the Supreme Court

300v-301

2 Jan 1826

Gov. Cochrane

Busteed

Copy of his appointment.

301-301v

5 June 1826

Busteed

Brenton

Copy; regarding the (deficient) payment of his salary.

301v-302

6 June 1826

Brenton

Busteed

Copy; a reply to the above explaining the discrepancies in pay

302v

7 June 1826

Busteed

Brenton

Why he disagrees

302v-303

-

-

-

Copy; 5.George 4.c.67.s.27. "Registrars of Deeds appointed" (i.e., the legal basis for Busteedís claim)

303-303v

-

-

-

Copy; extracts from the Royal Charter

303v-304

-

-

-

ditto, "sheet 3"

304

-

-

-

ditto, "sheet 4"

305

16 Oct 1826

J.V. Beresford

[Busteed]

Thanking him for informing him about "Mr Molloy. He is a most unfortunate fellow. I only feel for his poor Mother." [Molloy was suspended from the bench for various infractions including embezzlement; see CO 194/72: 229-234 and following]

307-307v

31 Oct 1826

Busteed

Horton

Regarding his arrival in Ireland; Cochrane granted him leave of absence to go to Ireland in order to bring his family (they reside in Castlebar, County Mayo) to St. Johnís; stating his intention to drop by London if called upon.

309-309v

1 Nov 1826

Bastard

Horton

Regarding Holdsworthís desire for an interview.

311-313

20 Nov 1826

Philip Beard & Co., merchants (Dartmouth)

Bathurst

Regarding their fishery in Sandwich Bay, Labrador, which they feel is being encroached upon. Reference to memorial of 1819, which they had hoped would lead to steps by then Gov. Hamilton to address their grievances. Specifically, people of Nova Scotia were encroachng on their operations. Capt Robinson, HMS Hazard, investigated and ordered the Nova Scotians to return the salmon they had taken and to remove their illegal nets. Apparently there have been repercussions that ensured from the removal of those nets. Led to legal wrangles; difficult given the hundreds of miles of distance between Labrador and St. Johnís. There appear also to be jurisdictional issues involved. Memorialists seek confirmation of their property rights

315-322

18 Oct, 1820

-

-

Copy: the printed record of the case of Arthur Hunt & Philip Beard vs John Jennings William & Long before the King in Council. Charging damages, due to interference with their Fishing and stealing of their properties thereto, amounting to £1155"11"6.

323-324

3 Dec 1826

Bastard

Bathurst

Transmits a copy of the memorial to Bathurst, along with some correspondence; requests Bathurstís support for the memorialist

325-325v

25 Nov 1826

Hunt & Beard

Bastard

Letter asking Bastard to forward their memorial. Recapitulation of their complaint

327-329v

24 Nov 1826

Beard & Co.

Bathurst

the aforementioned memorial.

331-332

19 Dec 1826

Bastard

Horton

Regarding the dispute between Holdsworth and Carter. In light of Carterís apparent dismissal, he takes back his request in a previous letter for an answer to the matter. Reference in a postscript to the memorial of Hunt & Beard

333-333v

27 Dec 1826

Brenton

Horton

Regarding his arrival in England, the forwarding of dispatches from Cochrane via the mail, his going to his family, and his intention to come to London in ten days or a fortnight, or earlier if deemed necessary.

C

336

2 June 1826

Edward Codd

Horton

He is agent of Mr. Busteed and writes regarding the latterís salary.

338

21 June 1826

Susanna Colclough

Bathurst

The memorial of the widow of the late Chief Justice of Nfld, Ceasar Colclough, asking for relief.

340

27 July 1826

N.W. Cochrane

Horton

On behalf of Sir Thomas Cochrane, asks whether Sir Thomas will be allowed to return home this year.

342

29 July 29 1826

Sir Alexander Cochrane

Horton

Wants to know whether his son Sir Thomas Cochrane will have leave to return this autumn to England

344

30 Sep 1826

Patrick Corcoran

Bathurst

His brother passed away in St. Johnís, Nfld; wishes Bathurst to send to the right person a letter to his brotherís employer

346

-

-

-

"Mr. Codners letters Ė vide Newfoundland School Society (no letters)

D

348-349v

24 Jan 1826

W. Dawe (Harbour Grace)

Horton

Claims he is suffering persecution from certain parties, including the (former) Sheriff Bland, and asking in light of the apparent usefulness of the information he submitted, in which former Governor Hamilton has been called upon for £1200 unaccounted for, that he be considered favourably on his request for help to extricate himself from Nfld.

H

352-353v

13 Jan 1826

Hamilton

Bathurst

Claims that Cochrane sent the wrong accounts, the accounts current with the treasury, rather than for the Crown Rents; goes on at length about the claims against him concerning the accounts.

354-355

3 June 1826

Aaron Hogsett

[Horton?]

Regarding his desire for promotion, having passed over for Buchan on the position of High Sheriff, which had been promised to himself.

356-357

25 April 1825

A. Hogsett

Bathurst

Hogsettís memorial related to his complaint.

358-359

3 June 1826

Hogsett

Cochrane

Hogsettís memorial to Cochrane setting out his case and complaint

360-361

5 July 1826

Hogsett

Bathurst

A memorial to Bathurst; same complaint

362-364v

-

-

-

a chronology of Hogsettís correspondence and complaints

366

11 Aug 1825

P. Le Geyt for Gov. Hamilton

Hogsett

Copy of Hogsettís appointment to the office of Deputy Naval Officer.

368-370v

11 Aug 1825

Hamilton

Hogsett

Copy of the instructions accompanying the above appointment.

I

373-374

20 Oct 1826

William Innott (Inn-keeper, Harbour Grace)

Bathurst

A petition regarding the unpaid expenses of Judge Molloy from his two month stay at Harbour Grace, amounting to £250"14"6.

375

Friday

Molloy

[Innott]

Extract of a letter indicating that Cochrane would close the account on the morrow.

375v

Saturday

Molloy

[Innott]

Another extract of a letter apologizing for not being able to go before Cochrane and close the account that day as he had promised the day before.

K

378

8 June

Sir R.G. Keats

 

"Recommending Mrs Blandís Petition for the Grant of Pension" (no document)

L

380-380v

29 Jan 1826

Thomas and Ellen Lahiff

(Horton?)

Regarding their previous request concerning their inheritance through his wifeís brother, who died in Nfld, leaving them 200 Guineas.

382

17 Mar 1826

Thomas Lahiff

[Bathurst]

further regarding his claim to the inheritance

M

385

21 July 1826

G.F. Morice (yacht Forte, Southampton)

Bathurst

Informing him of his arrival in England aboard the yacht under his command, and his sending of Cochraneís despatches to him in the mail. Awaiting his instructions.

387

6 Aug 1826

Morice

Horton

Having waited in port since 24 July for instructions, he inquires when he can be allowed to sail again for Nfld.

389

9 Aug 1826

Morice

Horton

He has received Hortonís of 5 August; the yacht "Forte" will be ready to sail on the 12th.

391

14 Aug 1826

Morice, HM Treasury Yacht Forte, Falmouth.

Horton

Acknowledging receipt of his letter of the 12th, and the bag of dispatches, and states his readiness to return immediately to Nfld.

O

394-394v

21 Aug 1826

F.M. Ommanney

Horton

Regarding Captain William Patersonís leave to stay in Nfld to act as Judge of Labrador, but Paterson neglected to ask the Admiralty for a residence abroad and now is faced with the loss of his half pay. Ommaney is Patersonís agent and requests on his behalf

396

23 Aug 1826

Ommanney

-

Would like any correspondence on the matter regarding Capt. Paterson that is sent to the Admiralty to be copied to him

R

399-399v

24 July 1826

George Richard Robinson

Horton

Asking when and from where the Yacht Forte will be leaving for Nfld, as he has some despatches to send along to Cochrane (Robinson is the agent in London for James Simms, below).

S

402-403v

14 June 1826

James Simms

(St. Johnís)

Bathurst

Dispute over his salary as Attorney General of Nfld.

404-404v

8 Dec 1826

J. Stevens

(Bathurst?)

Tom whom should he address himself on the subject of Mr. Browningís claims, via Charles Lord Baltimore, to the property of Avalon in Nfld.

406-407

19 Dec 1826

J. Stevens

(Horton?)

Further correspondence on Browningís claim. Documents relative to the claim were sent by Browning from America, and Browning himself is in the Netherlands. What documents he does have on the matter are "of a vague & desultory (?) Nature"

T

409-410

18 Dec 1826

Francis Tree

Bathurst

Complains that he has lost his position of deputy sheriff of Ferryland under the Charter, he now asks for some relief, to remove to St. Johnís and set up "a house of Board, and Lodging" to support his large family in these hard times. Reference to the service that he and his family have given to the public good, including his fatherís role in assisting when HM Brig Trepassey, Capt. Henry Edwin Stanhope, was "on shore at Ferryland, with the loss of both Masts and Rudder." Stanhope left his father with a letter of thanks. Helped many other naval officers by serving as pilot into Caplin Bay

W

412-413

12 June 1826

Anne Westcote (Bristol)

(Bathurst?)

Her father having died 9 months ago, and she having "not had a days health since I came to this place", she asks (timidly) that he might extricate her and her family from the debt she has built up for her lodgings.

414-415

1 Aug 1826

Anne Westcote

(Horton?)

Renews her request for assistance

Index to Newfoundland Domestic Correspondence 1826

418-439v

     

The Index to Newfoundland Domestic Correspondence

End of Volume 73