CO 194/76 [Reel B-696]

Page

Date

From whom(where)

To whom(where)

Contents or nature of the document

Newfoundland 1828 Despatches

Volume 1 Mr. President Tucker & Sir Thomas Cochrane

3-3v

7 Jan 1828

R.A. Tucker
(St. Johnís)

William Huskisson

Regarding Buchanís request for leave, and his annual renewal (as per HMís wish) as High Sheriff.

5-6v

7 Feb 1828

J. Stephen Jr.

Mr. Hay

regarding the above, saying that all legal authorities in Nfld agree: should Buchan leave the island (with or without a leave of absence) he should legally cease to be the High Sheriff. Rationale for this conclusion.

7

7 Dec 1827

Buchan

W.A. Clarke, Secretary

the initial request for leave, which he asks him to lay before the President. Buchan proposes that his deputy, Mr. Hogsett, will perform his duties during his absence

9-9v

8 Dec 1827

W.A. Clarke

The Chief Judge

forwarding the above letter requesting leave, by request of the President for his opinion.

11-12

17 Dec 1827

Buchan

James Simms, Attíy General

more on the above request, in which he addresses the objections to his request

13-19v

Dec 24 1827

Simms

-

To support his advice on Buchanís request, Simms explains in detail the "duties and obligations devolving on the Sheriff of Newfoundland" based on Charter, on English law, etc.

21

27 Dec 1827

Buchan

Judges of the Supreme Court

regarding "Sureties" in support of his request

23-24v

28 Dec 1827

E.B. Brenton, Acting Chief Justice

The President Administering the Government (Tucker)

In response to his request, he has consulted with other justices; they appear to disagree with Buchan and feel that a new Sheriff would have to be appointed; detailed explanation of this conclusion

25-25v

28 Dec 1827

Clarke

Buchan

Conveys the decision that he cannot have his leave of absence on the terms he desires.

27-29

4 Jan 1828

Buchan

Tucker

Buchan responds, insisting that what he requests is not proscribed by the Charter. Reaffirms his need and asks that his request be submitted to the Secretary of State

30-30v

15 Jan 1828

Tucker

Huskisson

Submitting for his consideration a "Report and Estimate of Works and Repairs necessary to be performed at the Court-House, Sheriffís Quarters, and Gaol of St. Johnís". As they were prepared by direction of Cochrane, and as Cochrane is now in England, an can supply an explanations required on it, he refrains from further observation.

32-33

20 Jan 1828

Tucker

Huskisson

Regarding the account of monies received fro the rent of Crown Lands, and of payments made by him out of that Fund, in which a small balance in his favour appeared. He felt it necessary to put that small sum towards the payment of debts soon to become due on Government.

34v-37

22 Jan 1828

Tucker

-

the aforementioned account.

38-38v

23 Jan 1828

Tucker

Huskisson

Regarding the salaries of the Court Clerks and past promises that their income would not fall below a minimum of £250

40-40v

24 Jan 1828

Brenton

Tucker

the initial letter precipitating the above concern over the salaries of the Clerks of the Northern Circuit Courts, which at £200 are insufficient, due to their having assumed that their fees would add at least another £50, and have not reached even one-fifth of that amount.

42-43

25 Jan 1828

Tucker

Huskisson

Transmitting a requisition for the stationery needed by the secretaryís office for the year.

44-45

-

-

-

the requisition for stationery for 1828, with an attached note regarding their inability to apply the Great Seal with which they have been provided.

46-46v

23 Jan 1828

Tucker

Huskisson

In compliance with a previous request from Horton, he transmits a list of those dispatches received from the Colonial Department between 1 Jan and 1 July in the year 1827.

48-50

-

-

-

the abovementioned list of dispatches (with each identified) for 1 Jan - 30 Jun 1827.

52-52v

24 Jan 1828

Tucker

Huskisson

Concerning the subject of the accompanying documents, which he has last April commented on so fully in a letter from the Supreme Court to Cochrane which was transmitted to Goderich, that he feels no more need be said by him.

54-55

23 Jan 1828

Brenton

Tucker

One of the enclosures; regarding the arrangement for the office of High Sheriff.

56-57v

18 Jan 1828

Buchan

Judges of the SC

concerning issues, one regarding the smallness of the emoluments of his deputies of his the money left in his salary, the second regarding a deduction to be made from his monies of £301..1..5. He writes that he anticipates ever decreasing fees and ever greater expenses in the carrying on of his office. And for other reasons as well, he asks for compensation.

58-59

2 Jan 1828(Rec: 16 March 1828)

Buchan

-

"an abstract, shewing the emoluments and expenses of the High Sheriffís office."

60-64

25 Jan 1828

Tucker

Huskisson

A letter that begins by saying "This Island, if considered with reference to the condition of its population, may be compared to a great manufacturing district, where the number of those who depend upon their daily labour for their daily bread is exceedingly large in proportion to the other classes of the community." He says it is even worse, because the fishery is only seasonal work, not year-round employment, and is carried on "for four, or at most five, months". Proceeds to discuss the problems and character of the island, its economy, and its people. (Reasons for poverty, consequences)

66-66v

26 Jan 1828

Tucker

Huskisson

Transmitting and recommending Simmís request for an increase of his salary and fees of office as Attorney General.

68

2 April 1828

J. Stephen Jr

-

Discussing the legal considerations of the above request ("a very hard case, and well deserving relief"); annual income is not adequate. "Can the Public afford the proposed augmentation?" He does not know.

71-73v

25 Jan 1828

James Simms

Huskisson

Simmsí initial request to have his income increased, and how this may be done with fees (though heíd prefer a salary increase to relying on fees). Why Nfld differs from other colonies, thereby creating his difficulties (e.g., costs of living)

75-79v

24 Jan 1828

Brenton, DesBarres

-

An account of the "fees of the Attorney Generals of Newfoundland in Criminal causes conducted by him and prosecuted at public expense from" 1825-1827, examined and certified by the judges of the court.

81-81v

12 April 1828

Tucker

Huskisson

Forwarding a memorial, and his answer thereto, concerning an order enforcing payment of certain duties in British silver sterling or Spanish Dollars at 4 sh 4 d each

83-86

10 April 1828

W.A. Clarke

President of Chamber of Commerce (St. Johnís)

response to a memorial from the Chamber of Commerce to Tucker; Tucker regrets that he must decide against the request of the memorial. Explanation for this decision. Memorial claimed that the measure was illegal, but Tucker disagrees

87-88

8 April 1828

N.W. Hoyles, President of the Chamber of Commerce

Tucker

the original memorial, objecting to the collection of certain duties in British silver sterling or Spanish Dollars at 4 sh 4 d each, instead of at 5 sh 6 d as in the past.

89

21 May 1828

Tucker

Huskisson

Transmitting as requested the minutes of the proceedings of the board of the Privy Council for Newfoundland for the six months ending 20 May

91-92

27 May 1828

Tucker

Huskisson

Transmitting a report of the survey made, and estimate, for repairing the current Governorís house (the present being still incomplete) for the temporary stay of the Governor there.

93

17 May 1828

-

-

the "Report and Estimate of Repairs...", amounting to £24..8..3Ĺ

97-99v

2 June 1828

Tucker

Huskisson

Regarding "a comparative view of the expenses attending Paupers in this island during the last two winters". Typhus epidemic contributed to the destitution, as well as smallpox in some cases. Reference to the "rigid adherence to the principle of conomy" that he applied, with the result that he spent less than might otherwise have been the case. Discussion of how the poor and destitute have generally been treated since Cochrane became governor. Able-bodied generally supported themselves, and relief went primarily to those who could not. Police, magistrates etc have faithfully carried out administrationís measures

101

2 June 1828

Tucker

-

an account of expenditures on dealing with paupers (amounts spent in relie, amounts spent to provide passages from Nfld, month by month)

103

10 June 1828

Tucker

Huskisson

Acknowledging receipt of several dispatches identified by date.

105-106v

24 June 1828

Tucker

Huskisson

Regarding the spread of small-pox which had been reported in St. Johnís over the winter, and which now has spread to other settlements. Explains the directions he gave to Capt. Richard Grant, HMS Tyne, to visit as many communities as possible and to have his medical officer vaccinate "as many of the people as couíd be induced to submit to this simple operation." These measures have helped

108-110

13 June 1828

Tucker

Capt. Richard Grant, HMS Tyne

instructions for dealing with the small-pox, which was introduced to St. Johnís from Halifax, and the supply and application of the "vaccine virus". Brief explanation of the threat this poses to the people and to the fishery, who live dispersed along the coast and lack medical treatment. "Under such circumstances the small-pox must be responded as one of the worst of plagues" or thousands of fatalities may ensue. He must therefore stock up with vaccine and proceed to as many outports as he can

112-113

13 June 1828

Grant

Tucker

Acknowledging receipt of the above, etc, and making an appointment for tomorrow morning to discuss the time of his departure. Heíll have his medical officer meet with medical people of St. Johnís. Hopes to finish placing buoys in St. Johnís harbour entrance, and will then head for St. Pierre, stopping at as many outports as he can. Expects to find HM Brig Manly, Lieut. Feild, at St. Pierre and suggests that a supply of vaccine be prepared for him as well

114-116

16 June 1828

Clarke, secretary

the magistrates

regarding the vaccination of the people. Reference to the "foolish prejudices" about vaccination that may exist among "the lower orders of the People". In a postscript, noting that it may be important to tell the people that in being vaccinated they shall not be impeded from going on with their work, nor shall they be taken away from the fishery for even one hour Ė he considers this will overcome a major obstacle that the people may have to vaccination.

118-119v

16 June 1828

Clarke

the clergy

informs the clergy of the smallpox and the need to vaccinate people; encourages them to help convince people to cooperate with the measures

121-122

14 July 1828

Tucker

Huskisson

Cover letter for several accompanying papers (below) concerning the shipwreck of the schooner Guabin en route from Cape Coast to London, and the rescue at sea of several Africans ("all of them black men, natives of Africa") in two canoes by a vessel belonging to Messrs Newman & Co.; the rescued crewmen were in very bad condition. Except for two, they speak no English, and so "Their situation was, therefore, vastly more wretched than that of shipwrecked mariners usually is, & required a mode of relief very different frm that which the Legislature Ė looking only to Cases of ordinary occurrence Ė had provided for them". The Africans wish to return to their settlements in Africa, and so he has sent them by the earliest conveyance to London for that purpose.

123-123v

28 June 1828

W.H. Hawson

Tucker

More on the fourteen men who were the crew of the schooner Guabin, which foundered at sea on her voyage from Cape Coast to London laden with a cargo of gold dust, ivory, and palm oil. The men were brought to St. Johnís on a cutter from Harbour Breton, after they were picked up at sea by the brig Nicholson of Sunderland and carried to Harbour Breton. The master, mate, and another man were sent aboard schooner Huskisson to Lisbon.

124-125v

8 May 1828

John Grant

-

A detailed report on the rescue of the crew and loss of the schooner Guabin. Two men were left on the wreck (one was drunk; the canoes could not carry more men). Description of the ordeal

126

19 June 1828

W.A. Clarke

W.H. Hawson

directions to supply the shipwrecked crew with all the necessities their situation demands until further arrangement can be made.

126v-127

1 July 1828

Clarke

Buchan

ordering him to supply quarters for the African seamen saved from the wreck of the Guabin, and to furnish them with such clothing as they may require, and to find them employment as labourers to defray the expense of their maintenance, until their conveyance to England.

127-128

2 July 1828

Hawson

Clarke

transmitting an account of the clothing and victuals supplied to the above men. Attached is the said account.

129-129v

14 July 1828

Buchan

Clarke

giving notice that the ten Africans have embarked onboard the Invulnerable for the port of London, for which crossing he has agreed to pay £5 for six of them; the other four having embarked under the provision made by the Act of Parliament. Enclosing vouchers thereto.

130

13 July 1828

John Miclennan

-

a voucher for the victualling of the castaways.

131

12 July 1828

Brooking

-

voucher for the clothing provided to the castaways.

132

14 July 1828

Kent

-

voucher for the passage provided the castaways.

133

-

-

-

abstract of the total expenses, amounting to £96..16..11ľ

135-135v

16 July 1828

Tucker

Huskisson

Recommending the petition of the widow of Richard Green, the late Fort Major of the Garrison; Green has left behind a large family of children, with little support.

137-139

14 July 1828

Sophia Green

Huskisson

The aforementioned petition, requesting an annual extra pension or allowance. Green had respon ded to a fire alarm in March, helped put out the flames, then fell ill and died a few days later. Duties of a Fort Major are partly military, partly civil; Green died as the result of performing his duties. An account of his career, including his late father (was Treasurer of Nova Scotia) and grandfather (served as an administrator of Nova Scotia)

141

12 July 1828

Joseph Shea, M.D.

-

The death certificate of Richard Green, Fort Major at St. Johnís.

142

12 July 1828

John Rochfort, M.D.

-

Further confirmation of the above.

143-146v

19 July 1828

Tucker

Huskisson

Requesting five months leave to return to England upon the return of Cochrane, stating reasons for why he should be so indulged. Recapitulates his career in Nfld

148-149v

28 Aug 1828

Tucker

George Murray, Sec. of State for the Colonies

Asking to be fully reinstated in his situation of Chief Judge, which he had to abdicate to take up the Administration of the Government in the absence of the Governor.

150-151

12 Sept 1828

Tucker

R.B. Hay, Undersec. of State for the Colonies.

Regarding his salary for interim administration.

152-152v

3 Oct 1828

Tucker

Murray

Thanking him for his permission to take five months leave to return to England.

154-154v

29 Nov 1828

Tucker

Murray

Regarding the accounts current with the Lords of the Treasury.

156-157v

-

-

-

"Imports and Exports of the Island of Newfoundland from 1807 to 1826".

Sir Thomas Cochrane

159-162v

11 Feb 1828

Cochrane

"My dear Sir"

A private letter discussing, among other things, the apparent reduction to be made to his salary. Explains why this is not reasonable: the cost of living in Nfld, the hard winter, the obligation to entertain the locals, his personal financial situation (exacerbated by his fatherís ruinous economic condition in the West Indies so that Cochrane must support him)

163-164

-

Hay [?]

-

A note regarding the above letter, saying that he is unable to change the decision to reduce the Governorís salary, saying that "the reduction appeared to be indispensable in a Colony which is so burthensome to this Country".

165-167v

18 Feb 1828

Cochrane

Huskisson

Regarding the employment of a vessel for carrying the Judges, and the defects in the Judicature Act which interfere in their intended use. Concluding that a new Act might better replace the current one. Discussion of the need for such a vessel; why small vessels will not do (advice of experienced naval officers)

169-169v

19 Feb 1828

Cochrane

-

A letter regarding the various correspondence to the Colonial Office.

172-181v

-

-

-

enclosed in the above, an extensive summary of the letters sent to the Secretary of State, dating back to 1825, on a variety of topics: recommendations of people to serve on Council; a letter on the method of the fishery; ref. to promotion of agriculture in Nfld, & quality of soil; idea of road communication across the Avalon; proposal to deal with influx of Irish immigrants; method to employ the poor in the winter; proposal for a public hospital; proposal for local government; growing doubts that a "Body Politic" would be best for Nfld, and that perhaps Magistrates should be empowered as in England to administer; proposals to raise revenue, and their drawbacks; proposal for gaol, courthouse, legal infrastructure; regarding governorís military authority; on the rapidly depleted state of the forests of Nfld; inefficiency & inadequacy of the Church Establishment ("there is no part of the world where an efficient Church Establishment would be productive of better effects, than among the lower Orders of this Colony"); total lack of clergy on South Coast beyond Placentia; regulations for establish British metallic currency as circulating medium for Nfld (the failure of the attempt to introduce coinage into the local economy); continued disagreement in St. Johnís over questions of local government ("It is difficult to paint in proper Colours the lawless and disagreeable state of the Town of St Johnís, and considering the Age of the Colony, the population of its Capital, and the Wealth that has from time to time circulated through it, it is really discreditable to the Colony that any part of it should be so circumstanced; it is necessary that something should be done"[179]; memorials from Habour Grace & St. Johnís requesting military and naval forces to preserve order (why the lower orders show little regard for their superiors); troops available are too few and "unfit for the duties imposed on them"; governor recommends a small militia; concerning the arrival of passenger vessels (the James; the Marie) from Ireland with sick immigrants; regarding dispute between France and the USA over conflicting treaty rights to the fisheries in Nfld; arrival of workers in Nfld for govít work but without proper instructions; regarding proposal of Bishop of Nova Scotia to address need for clergy in Nfld

183-184

19 Feb 1828

Cochrane

Huskisson

Asking that Mr. Morrison, a magistrate, who is also a Naval Surgeon, not be recalled to duty on board HMís Ships, as he is very useful in the Southern parts of the Island where he works, both as a medical man and as a magistrate, and he would be sorely pressed to replace him.

185

20 Feb 1828

Hamilton

-

certifies that Mr. A. Morrison, surgeon in HMís Navy, served as a JP during his government (1818-1825) in District of Ferryland.

187

-

Cochrane

Huskisson

Requesting an appointment.

189-192

19 March 1828

Cochrane

Huskisson

His impressions of the "fine, strong and healthy" people of Newfoundland, who at times enjoy "wages for their labour beyond what is usually given in this Country [i.e., England] to persons of the same class" yet at other times are destitute or extremely miserable. Having been anxious during his entire residence to find the cause of this misery, and perhaps find a solution to their condition, he offers his assessment: Nfld has a greater degree of debauchery over a long part of the year; relationship of merchants & labour; bankruptcy of merchants ruin those who manage to accumulate savings ("they thought they might as well drink and dance it out as leave it with their Merchants or have it stolen from themselves"). Institution of savings banks would make a huge difference. Cochrane then proceeds to explain the annual earnings of the working classes (e.g., 5,000 men go out each spring for six weeks and return with £10-£20 to their share, plus what they earn from then to November). Offers various by which savings banks or savings institutions could be set up; recommends model of the "Edinburgh bank for savings". The expenses of such a scheme are modest. The social and moral improvement that would ensue.

193-193v

20 March 1828

Cochrane

Wm Huskisson

Regarding the compensation for surrogates whose offices were recently abolished.

195-195v

20 March 1828

Cochrane

Huskisson

Complying with his desire for an opinion, he states that he considers an office keeper for the Governorís office at Newfoundland to be indispensable, and a messenger highly desirable; briefly describes the duties of such positions

197-198v

20 March 1828

Cochrane

Huskisson

Regarding the mode of granting land.

199-199v

20 March 1828

Cochrane

Huskisson

Complying with a request to communicate any reductions in the salaries of the officers of Newfoundland which he may deem practicable. Feels that the position of Judge of the Admiralty is unnecessary

201-202

21 March 1828

Cochrane

Huskisson

Asks forgiveness for a minor breach of confidence in a previous correspondence.

203-206

26 Jan 1828

James Simms

Cochrane

Discusses several matters, including the indifference and torpidity of people, and a "lamentable and culpable a disregard and even discouragement of all public Institutions" by the merchant class. Continues with a rant about the self-interest of the merchants, treating "the People and the Trade as ephemeras, contemplating nothing as of importance beyond the current fishing voyage." The "Capitalists, reposing chiefly in England, regard Newfoundland as a mere farm, of which they assume to be the Tenants, and even the Landlords! at their own pleasure, under conditions (if any) that they should reap and gather the Crop, and not be answerable to pay Scot and Lot." No investment in local improvement. Legislature should dictate to them "what is proper for good of the whole." Suggests steps to be taken to benefit those who actually live here. Urges that the trade be taxed to benefit local society, and points out that merchants can afford it since they have grown wealthy by that trade ("Numbers have retired from the trade in opulance"; those who remain in it Live amid plenty in Britain, or amid profusion in Newfoundland, quaffing Champaign like Spruce beer"). Concludes with a request for a salary that will enable him to better carry out his office.

207

24 March 1828

Cochrane

Huskisson

Has received a query from Mr. George Robinson, MP for Worcester, regarding "an Alien from Hamburgh" setting himself up in St. Johnís, and asking that he forward the question of the legality of his doing so.

209-209v

21 March 1828

G. Robinson

[Cohrane?]

The letter rasing concerns about the German [Mr. Oelslager?]who has set himself up as a merchant in St. Johnís

211-211v

3 April 1828

J. Stephen Jr.

Mr. Hay

No law prohibits an alien from setting himself up in business in the fish trade, unless he introduces foreign shipping or foreign seamen. "But so long as he employs Foreign Capital to keep our own Ships and Fishermen in action, it seems to me that we are very obliged to him."

213

2 April 1828

Cochrane

Hay

Returning the estimate for repairs to the Court House, Gaol and Sheriffís house at Newfoundland.

215-215v

8 April 1828

Cochrane

Hay

Insists that he does not know who decided who was to perform the said repairs.

217-218

Tuesday 3

Cochrane

-

Referring to the cost of the civil establishment at Newfoundland, administration of justice, defence, and the money involved (parts of the text are buried in the binding).

219-220

11 April 1828

Cochrane

Huskisson

Concerning a previous letter to Bathurst (11 Oct 1825) sent when setting up his provisional Council, and his regret that Bathurstís reply (8 Feb 1826) turned down the request. Forwarding a memorial from Patrick Morris, regarding Catholics in Nfld who comprise almost half of the population, and may soon be in the majority due to the bulk of emigration coming from Ireland. He has "rarely seen so quiet and well disposed a people although they are by no means insensible to the disabilities they labor under". Fears they could be easily agitated. Thus he recommended Lt. Col. Burke to sit on the council in 1825. Hence, he recommends Morrisí petition.

221-222

2 April 1828

Patrick Morris

Cochrane

The memorial of Patrick Morris. Objects to the prohibition of admitting Catholics to civil situations, which they are freely allowed in neighbouring colonies. Offers various reasons why Catholics should be allowed the rights and privileges they enjoy elsewhere

223-223v

11 April 1828

Cochrane

Huskisson

Ref. to Huskissonís letter of 13 Dec 1827. Seeks powers to prevent British fishermen from resorting to the French shores, for he has no instructions to address the situation.

225-226

11 April 1828

Cochrane

Huskisson

Concerning the French of St. Pierre & Miquelon coming to Nfld to cut wood; they were allowed to do this for a year after the Treaty of Paris but reports indicate that they continue to do so to the present, and not just for firewood, but they "build boats and small craft for the use of the fishery". The reports may be "highly coloured" but there is some ground to them. Creates friction that should be avoided. Suggests that Nflders could cut wood and bring it to St. Pierre and Miquelon for sale, instead.

227-232

11 April 1828

Cochrane

Huskisson

In response to questions raised by the Treasury, he explains how and why he secured two estimates for a new Government house; details of the proposed work.

233-234

15 April 1828

Cochrane

Huskisson

Because of Hamiltonís earlier claim to half of his salary, a mistake was made in the transmission of Cochraneís salary by the Agent, Mr. Gwilt.

235

15 April 1828

Cochrane

Huskisson

Requesting the lack of "good or Authorized Maps of the Island." Would like two sets of the survey recently completed.

237-237v

21 May 1828

Cochrane

Huskisson

Requesting permission to finish a line of road connecting St. Johnís with Conception Bay, "the most populous district in the Island".

239-240

21 May 1828

Cochrane

Huskisson

Requesting instructions for the rule of conduct to be taken in his administration of the Island Ė which had been promised, but never delivered, after his taking up the Government.

241-241v

30 May 1828

Cochrane

-

Regarding the salary of the Attorney General of Newfoundland as compared with those of Nova Scotia and New Brunswick.

243-244

Friday June 1828
(Rec 28 June 1828)

Cochrane

Robert Hay

Asking whether Gwilt, the Kingís Agent, had yet been instructed to repay him the mistaken deduction from his salary.

245-246

27 June 1828

Cochrane

Robert Hay

He has learned that Secretary Sir George Murray has nominated someone to serve as Cochraneís secretary, to which he observes that only he may appoint his own secretary, as the said must be entirely in his confidence, for so long as the peculiar nature of the Newfoundland Government intermingles his personal with his official business.

247-247v

27 June 1828

Cochrane

Robert Hay

Saying that he will transmit to Sir George Murray the information requested by the House of Commons as soon as possible after his arrival at his Government.

249-250

27 June 1828

Cochrane

Robert Hay

Regarding the road that he wishes to complete between Conception Bay and St. Johnís, and making a second plea to that affect after receiving notice of Huskissonís rejection.

251-252

29 June 1828

Cochrane

George Murray

Regarding the temporary halt that has been ordered in the building of the new Government House, and the repairs that must be made to the old one to make it habitable.

253-253v

1 July 1828

Cochrane

Hay

Further on the same subject

255-256

28 May 1828

-

Cochrane

an extract from a letter from his acting secretary in St. Johnís enclosed with the above letter, and regarding the situation with Government House; detailed description of what is needed

257-261

19 Aug 1828

Cochrane

Hay

A private letter. Discussion includes the furniture for the new Govt. House which government pays for in other colonies; likens existing structure more as a jail than a dwelling. On costs of labour to make the repairs

262-263v

26 Aug 1828

Cochrane

George Murray

Regarding the new Govt House under construction and its dimensions, for the purpose of choosing its furniture. Costs elsewhere are born by public revenues; governor of a colony lacking a local legislature should be extended the same courtesy. No one could furnish such a structure without a substantial private fortune. Describes general age, condition of the furniture

265-266

-

-

-

a list attached to the above of the various furniture requested.

267

-

-

-

a floor plan attached to the above of the new Govt house in progress.

269-269v

26 Aug 1828

Cochrane

Murray

Requesting that he put into the writing the accord which Huskisson had with him in a personal interview relative to manner of granting land, which letter has not been forthcoming, he believes out of the pressures of public office forgotten.

271

3 Sept 1828

Cochrane

Murray

Transmitting a memorial from G.W. Busteed, Chief Clerk and Registrar of the Supreme Court of Newfoundland, together with the copy of his commission which accompanies it.

273-273v

1 Sept 1828

Busteed

George Murray, Sec. of State for the Colonies

Busteedís memorial. He has been granted a leave of absence; requests a deputy be appointed to facilitate his leave of absence.

275-275

1 Jan 1827

Bathurst

Busteed

a copy of his commission

277-279v

3 Sept 1828

Cochrane

Murray

Concerning "the Grants of Land about to be given in this Island"; requests modifications according to his suggestions. Two kinds of grant, for agriculture and for building. Recommends change to amount granted for agriculture and period by which it is to be brought under cultivation; the other change concerns clause governing repairs to roads, and the lack of strength in the measure to see that repairs are done

281-282

24 Oct 1828

W. Stephen

Hay

Agrees with Cochraneís proposed alterations in the forms of Grant of Lands, though he thinks far fewer words are needed; suggests some additional changes of his own.

283-287

-

-

-

A copy of a land grant form for agriculture.

289-292

-

-

-

A copy of a land grant form for building

293-293v

19 Sept 1828

Cochrane

Murray

Cochrane has agreed to a request of the Archdeacon George Coster for a leave of absence to return to England on Church business.

295-299v

8 Oct 1828

Cochrane

Murray

Concerning his salary, which he is concerned is to be reduced; provides a lengthy and detailed defence of the existing level of salary on the basis of the challenges and difficulties of living and working in Nfld, as well as personal reasons; comparisons with other colonies

301-302v

8 Oct 1828

Cochrane

Murray

Regarding his salary and the implications that his naval rank may have to the level of that salary; reference to a conversation he had with Huskisson concerning the issue

303-305

22 Oct 1828

Cochrane

Murray

Regarding the appointment by Lt. Col. Burke of a new Fort-Major, the old one having died in Cochraneís absence, which Cochrane believes is incorrect, such a nomination lying solely in the power of the Governor. Laying the point before him for consideration, with his reasons.

307-310

19 Nov 1828

Cochrane

Murray

Regarding the returns, which were sent back for revision and correction, and the blank books for more returns, on the blue books, and the blank books for further reporting, etc.; why some of the existing returns were not submitted (e.g., 1827)

313-314

19 Nov 1828

Cochrane

Murray

Regarding allegations that French fishermen have violated the treaties by fishing in waters south of "Cape John [Cape St. John] ... much to the injury of the poor people established in those places"; conveys an affidavit by someone sent to investigate. Warns that the English fishermen have acquired arms to defend themselves. This may lead to serious consequences. Urges steps be taken to inform the French authorities, so they can send appropriate instructions to the French naval officers sent to patrol the French fishery

315-316v

9 Oct 1828

Joseph Simms
(Twillingate)

-

Copy of a deposition made by George Verge, constable following a visit to Shoe Cove, Round Harbour & Nippers Harbour, to investigate allegations of French violations of treaty restrictions. Joseph Simms, "one of His Majestys Conservators of the Peace residing at Twillingate", gave Simms a list of questions to ask the inhabitants (those who responded are identified by name). Description of some of the friction between English and French

318-320v

24 Nov 1828

Cochrane

Murray

more on the French fishing violations; Cochrane refers to his despatch last autumn to Lord Goderich on the subject, regarding the conflict between French treaty privileges and American treaty rights. This led to an exchange with Huskisson in Dec. 1827 and Apr 1828 in which Cochrane insists that he lacks the legal authorization required by legislation to enforce the treaty terms. Since then, a deputation of the St. Johnís Chamber of Commerce has raised questions on the matter, to which Cochrane has responded (see below). Cochrane seeks advice on how to proceed in the coming fishing season. Adds that the French fishery is doing very well (claims 10,000 fishermen and vessels of 400-500 tons burthen). Cochrane has not been able to visit the coast where the disputes are occurring but he hopes to visit there this summer

322-323

10 Oct 1828

J. Bruce, secretary

T.H. Brooking, Pres., Chamber of Commerce

Chamber has passed a resolution asking the Governor whether he would protect British fishing vessels catching and curing fish "on that part of the coast to which the French are permitted to resort (i.e., Cape St. John to Cape Ray) or would he command that vessel to leave. Cochrane replies that he does not feel warranted to protect British vessels fishing on that coast, though at the moment he has no instruction to order their removal. But given how long it has been since the British fished on that coast, Cochrane advises them not to provoke the French by resuming their activities there now

324-326

5 Jan 1829

Brooking

Murray

The petition from the Chamber of Commerce on the subject. Before 1815, fisheries were in the exclusive possession of British subjects. After the French returned following peace in 1815, they began exercising an exclusive right. British fishermen were inferior in numbers and unprotected, "were obliged to abandon their fishing Stations" Those who once fished from C. St. John to Quirpon were driven to Labrador where the fishing is poorer and produces an inferior cure. Petitioners perceive French privileges as "merely permissive" and that it was not intended to exclude British fishermen from that coast except with regard to settlement (a restriction that did not extend to the facilities needed for the fishery because the French are allowed such structures). Principle of concurrency established by Utrecht was intended to continue. Petitioners were told by Cochrane that he can neither protect them nor remove them; they therefore request that Cochrane be given proper instruction to protect them in the exercise of a common right to fish

328

12 Dec 1828

Cochrane

Murray

Informing him that Chief Justice Tucker has gone to England for five months leave granted him by the Secretary of State for the Colonies.

330-331v

13 Dec 1828

Cochrane

Murray

Regarding the Judicature Act, which will expire in June 1829, and will therefore come up for consideration in the next session of Parliament. Cochrane has written each Judge of the Supreme Court for an assessment of the "suitableness of the present system of jurisprudence to the condition of the people, or in what respects they considered it defective." The feedback suggests that they do not have time to offer "any just conclusion in so important a matter" and Cochrane therefore recommends that the present Act be renewed until more time has passed to assess its strengths and weaknesses

332-334v

28 Nov 1828

Tucker

Cochrane

His assessment on the state of the laws as they relate to the society of Nfld; basically, needs more time before drawing any firm conclusions

335-336

29 Nov 1828

A.W. DesBarres

Cochrane

He offers much the same conclusion and recommendation

337-340

22 Nov 1828

J.B. Brenton

Bruce

(confidential) A slightly longer response but much the same as his colleagues

341-344v

13 Dec 1828

Cochrane

Murray

Had not been able to submit a return of civil and criminal cases tried in Nfld when he first arrived, but he does so now, having collected the necessary documents. He then defends the continued existence of a circuit court in Labrador, knowing that there has been pressure to abolish it.

345v-349

-

-

-

The return of the civil and criminal actions in the courts of Nfld from 1 Jan 1828 to 7 Dec 1828 (duration of the term; number of days the court sat; where court was held; presiding judge; number of writs, amounts sued for, number of actions tried, amount of actions tried, number of criminal trials, number of persons tried, number of appeals, general observations.

351-351v

11 Dec 1828

William Paterson, Judge of the Labrador District Court

Cochrane

Forwarding a return of the number of civil cases tried in the civil court in Labrador for 1826, 1827, and 1828. Emphasizes that these do not provide a complete picture, because the intensity of work during the brief fishing season forces many people to forego legal actions rather than leave the fishing

353v-358

-

-

-

the return of the cases tried in the "Court of Civil Jurisdiction" for the Labrador district.

359-360

16 Dec 1828

Cochrane

Murray

Regarding the currency in which officials are to be paid, and a mistake he made on that point, in not knowing the proclamation of 1825 which made the coin of Britain the circulating medium on the island.

362

16 Dec 1828

Cochrane

Murray

Transmitting the report by the royal engineer of the state of the fortifications "in this Island"

364-366v

9 Dec 1828

Lt. Col. Henry Vyonneux

-

the report of the Engineer on the state of the fortifications "at this place" (i.e., St. Johnís).

368-374

17 Dec 1828

Cochrane

Murray

Regarding the power of the Governor to nominate his own secretary. If Nfld were like other colonies, he would have no objection to H.M. Govít nominating his Secretary. However, Nfld is unique ("it stands alone"), and the many attributes of good govít found in other colonies are lacking here. Discussion of the duties of the secretary. All responsibility in Nfld rests on the governorís shoulders, and it should therefore be up to him to choose the best person for the task, since "no Governor can of himself manage such a complication of accounts and correspondence". Depends on secretaryís "honesty and integrity [as well as] his ability and unremitting diligence". By having the right to appoint his own secretary, he can select someone he knows and who will also be "indebted to him for his appointment". Cochrane continues in this vein for several pages. In effect, he argues both for merit and for the advantages of personal patronage

376

22 Dec 1828

Cochrane

Murray

Transmitting the dockets of despatches for the year 1827 numbered 1 to 30.

378-383

-

-

-

the above dockets; each is summarized.

385-386

24 Dec 1828

Cochrane

Murray

Regarding the delay of the mails, due to the reluctance of the merchant vessels which usually carry it to bring them, for fear of an act of Parliament being among the letters, imposing new import duties upon them. He thus sent the colonial vessel to Halifax to retrieve the said mail.

387-389

24 Dec 1828

Cochrane

Murray

Reporting on the repairs of the courthouse, gaol, and sheriffís office; discussing various expenditures (road construction; reduction in crew size of govít vessel; no "distressing scenes" like last year regarding passengers or immigrant vessels. Fishery has not been great, but he is confident that most people are well set for the winter

390

24 Dec 1828

Cochrane

Murray

Re-transmitting the dockets of correspondence for 1827, "upon which the pleasure of His Majestyís Government has not as yet been received"

392-392v

-

-

-

the aforesaid dockets for 1827 (including summaries of each despatch)

394-395

31 Dec 1828

Cochrane

Murray

Asking for better paint, as the stuff now used is greatly inferior, and neither lasts nor protects the wood from the weather. Makes it necessary constantly to re-paint govít buildings. Suggests that the "White lead and Oil" sent by the Ordnance is much superior

396

31 Dec 1828

Buchan

-

an order for the better paint.

398

31 Dec 1828

Cochrane

Murray

Sending the minutes of the council for the colony ending 31 Oct last.

400-400v

31 Dec 1828

Cochrane

Murray

Sending his general account current for the past year, together with an account of monies received for rents and leases of crown lands.

402v-405v

-

-

-

the aforesaid accounts.

414-423

The index of the yearís correspondence.

End of Volume