CO 194/78 [Reel B-697]

Page

Date

From whom(where)

To whom(where)

Contents or nature of the document

Newfoundland 1829 – Vol 1, Jan to Dec
Sir Thomas Cochrane, Nos. 1 to 31

3

1 Jan 1829

Cochrane
(St. John’s)

Secretary of State Sir George Murray

Sending a copy of the "Docket of Despatches" addressed by Cochrane to the Colonial Department during the year 1828, a memo of 16 sent while he was on leave in England, and a copy of the docket forwarded by Tucker to the Secretary of State while Tucker was in charge in 1827 and 1828

5-12

-

-

-

the abovementioned dockets of R. Tucker (essentially a summary of official dispatches by date and subject matter) for 1827 (pp. 5-5v) and 1828 (6-7v), and of Cochrane for 1828 (8-12)

13-13v

6 Jan 1829

Cochrane

Murray

Transmitting two memorial at request of the Commercial Society of Newfoundland

15-16v

5 Jan 1829

Brooking, President of the Chamber of Commerce

Murray

The first memorial concerns the imminent expiry of laws governing the Fishery and Judicature, and suggestions for their replacement legislation, which they have put into an addended report.

17-38

29 Dec 1828

Brooking

 

the Society’s aforementioned report, recommending that certain laws regulating the fishery be renewed while others be repealed or amended – these include laws governing payment of fishermen’s wages, debts, etc; punishment of those deserting their work; right to fish on the French Shore; procedures determining trial by Judge or trial by jury; appeals procedures (esp. in matters involving trade laws and Admiralty Court jurisdiction); cases involving bankruptcy or insolvency; who gets priority in collection of debts; conveyance of property through deeds; registration of property and confirmation of ownership;

39-39v

26 April 1830

Hay

 

A printed copy of a number of abstracts of instructions sent to the Governor at Newfoundland relative to the operation of the acts of 5.g.iv.c.51 and 5.g.iv.c.67 and the answers, if any, received.

41-41v

8 Jan 1829

Cochrane

Murray

Forwarding a memorial from a committee of the inhabitants of St. John’s, requesting a colonial legislature and for his support for this request

43-46v

1Jan 1829

["573 signature"]

Murray

Copy of the abovementioned memorial regarding the desire of the inhabitants to be granted a colonial legislature; detailed rationale included

48-49

8 Jan 1829

Bruce, secretary

William Carson, and the Committee

the Governor has forwarded their memorial to the Secretary of State. In response to their request that he support their petition, he prevaricates by promising to give his opinion when and/or if it shall be called upon by Government on the matter in a way that shall best serve the best interests of the happiness and prosperity of all the inhabitants of his Government.

50-50v

10 Jan 1829

Cochrane

Murray

Sending the printed and revised returns of the establishment of Newfoundland for the year 1826 which he was sent on 5 June 1828 and which he only received in Nov. He sends 15 copies now, and reserves 15 copies in case of accident, in this season of inclement weather.

52

1828

-

-

The revised return for 1826; table of contents (actual contents follow)

53-54

-

-

-

Revenue and Expenditure

54v-55

-

-

-

Taxes and Duties

56-57v

-

-

-

Fees

58-61

-

-

-

Establishment (i.e., list of appointed positions, from governor on down, with dates of appointments & salaries, etc)

62

-

-

-

Population (as far north as Fogo, as far south and west as Fortune Bay)

63

-

-

-

Coins, Exchanges, weights, measures, etc

63v

-

-

-

Education (number of schools, where, teachers, students, method of instruction, etc)

64

-

-

-

Ecclesiastical Return (churches, clergy, location, denomination, remarks)

64v

-

-

-

Fisheries (also mines & manufactures); only very general numbers

65-66

-

-

-

Imports and Exports (nature of commodity, quantity, value, where from or sent)

66v-67

-

-

-

Gaols

68

4- Feb 1829

Cochrane

Murray

Transmitting a General Return of the Fishery and Inhabitants, and an Account of the Imports and Exports for the year ending 30 June 1828.

70-71

-

-

-

Return of the Fishery and Inhabitants for 1828 (printed form, entries by hand); also, account of the seal, salmon and herring fisheries appended to bottom of same page

71v

-

-

-

Account of the Imports and Exports for 1828 (which harbours in Nfld, number of ships, tonnage, men, quantity of commodities, destination or source, etc)

72-72v

6 Feb 1829

Cochrane

Murray

Transmitting the opinion of the Attorney General of the island on a Bill being proposed by certain merchants and others to discuss in parliament, to "quiet (as they term it) doubts as to the possession of property in this colony", which he feels would do great harm to the Government and the inhabitants.

74-79

6 Feb 1829

James Simms

Capt. Bruce, RN, Secretary

the aforementioned opinion of the Attorney General. Discussion of the way in which seasonal Ship’s Rooms were transformed into permanent property, even as the sedentary fishery encroached on the rooms once used by migratory ship fishery. Reference to Palliser’s Act; reference to the way the ship fishery had become almost obsolete; reference to shift to permanent property rights, with the governor having powers in this regard; growing conflict between public good and private (i.e., merchants’) good, so that much shore property is in the hands of a privileged few. The power they exercise over what ought to be public property is described as "This growing Evil" [78]

80-80v

9 Feb 1829

Cochrane

Murray

Transmitting the Blue book made up to the last day of Dec; complete except for Customs House returns which must await returns from the outports

82

9 Feb

-

-

"No. 7; Mr. Busteed’s suspension"; directing one to see the end of this volume.

83-83v

9 Feb 1829

Cochrane

Murray

Most recent mail received from the Colonial Office was dated Oct and arrived via Halifax. Concern that the ship which was supposed to be carrying the Nov and Dec mails may have been wrecked recently on the Southern Shore. In a postscript of 16 Feb, he notes that since writing this, the Dec mail has arrived, but he fears that the Nov mail is lost.

85

28 Feb

   

A note on Busteed’s suspension, directing one to see the end of this volume.

86- 90v

6 March 1829

Cochrane

Murray

Taking advantage of the Attorney General’s departure for England for a short leave of absence, he transmits documents related to Mr. Busteed’s suspension. He also discusses the Attorney General’s situation and deficient salary at some length

92-93

15 Jan 1829

Brenton, Des Barres, and Paterson

Cochrane

the Supreme Court Judges lend their support to Simm’s request for more salary.

94-95

6 March 1829

Cochrane

Murray

regarding Busteed’s suspension, he has seen fit to appoint, provisionally, James Blaikie to fill his post of Clerk of the Central Circuit Court, and Christopher Ayre acting clerk of the central circuit court in the absence of Mr. Blaikie.

96-96v

6 March 1829

James Blaikie

Murray

Asking that if Mr. Busteed does not return to resume the duties of Chief Clerk and Registrar of the Supreme Court of Newfoundland, that he might be appointed in his place.

97

27 Dec 1825

Hamilton

Blaikie

A letter enclosed with the above petition, of Hamilton’s praise of his former work and regret over his displacement from his office. Used to attest to his claims of fitness to fill the position requested in the above petition.

98-99

7 March 1829

Cochrane

Murray

Requesting sanction to use the surplus money created on licenses to sell spirits to complete four and a half miles of road connecting St. John’s and Conception Bay.

100

10 March

-

-

A note stating "Introduces Capt. Bruce & remarks on the subject of the Furniture for the fort house. Bound with W. Hays Private Letters."

101-104v

22 April 1829

Cochrane
(St. John’s)

Murray

Response to Murray’s of 10 Jan, which enclosed a copy of correspondence between Lord Aberdeen & Br. Ambassador to France concerning Cochrane’s letter of 19 Nov 1828, relative to French encroachments on the fishery on the Northeast coast of Nfld as well as a letter from the Commander-in-Chief of the N Am Station. Cochrane volunteers his views, trying to reconcile the differing positions between himself and the Admiral. Cochrane agrees that there are no complaints with French fishermen resorting to St. Pierre & Miquelon. Complaints of South Coast residents about French from St. Pierre have faded, now that a warship patrol the South Coast and in response to Cochrane’s communication with the administration of SP&M. The problem is with the NE Coast, quite some distance away and a very different kind of fishery (Cochrane references an accompanying map). Admiral may be unaware of problems because his warships do not normally go there. Cochrane trusts the reports of the locals who submitted complaints; French naval officers who patrol there seem helpless. "Governments naturally receive with distrust Complaints against their own subjects, particularly when they involve the exercise of a valuable right." [The issue therefore appears to involve harassment of French fishery by British subjects]

105-106

8 June [1829]

W.A. Clarke, secretary, for Cochrane

-

a proclamation related to the above, against the depredations by "divers ill-disposed persons employed in the British fisheries," upon the French and their property on the French Shore, as the British fishermen make their way north to the northern & Labrador fishery. The proclamation empowers French officials to seize any such aggressors.

107-109

16 June 1827

Cochrane

Commanders of French ships

concerning the above proclamation, ordering that any British citizens caught performing such depredations as had occurred should be turned over to the Government in St. John’s for punishment. Enclosing several copies of the above proclamation to be posted, if they wish, in areas of the French shores where the French are permitted to land.

111-111v

1829

   

"A statement of the French Fishery on the coast of Newfoundland 1829" (number of merchants, of vessels, of men, tonnage of vessels, numbers of boats for the West Coast, Northeast coast, and the Banks. Includes an observation that the French leave behind boats over the winter, in violation of the treaty

113

23 April 1829

Cochrane

Murray

Transmitting a copy of the minutes of the proceedings of His Majesty’s Council for the Island during the six months ending 8 April

115

6 Nov 1828

-

-

A record of the meeting of HM’s Council for the appointment of W.H. Bruce as Clerk to HM’s council, vice, and W.A. Clarke, acting.

117-119

29 April 1829

Cochrane

Murray

Replying to a request to be informed as whether the magistrates of St. John’s now receive the same rate of salaries in sterling as they received before 1811, when they were paid in dollars at 4/6 each. Bathurst authorized increases in salary in response to request by Gov. Keats because salaries were inadequate. Discusses how exchange rates and fluctuations in currency values affected the worth of those salaries

121

23 April 1829

Cochrane

Hay

Stating that the three volumes of the second edition of "Certslet’s [? the author?] Treaties and Conventions" which was supposed to be forwarded by the preceding mail has not arrived.

123-124v

30 April 1829

Cochrane

Murray

Transmitting a memorial from the Chamber of Commerce asking that St. John’s be added to the list of Free Warehousing Ports; Cochrane supports this and solicits the Government’s support for this. Lack of capital reduces local economy to one based on barter, "which is generally slow in remunerating the Merchant" Permission to warehouse would obviate some of the costs. "...while the Merchant had to pay the King’s dues on Entry, it was often months before he was relieved of the imported article by the Retailer, and then upon long credit." When Cochrane explained this last year to Mr. Huskisson, H. agreed

125-129

22 April 1829

Brooking

Murray

the abovementioned memorial. Complains that Nfld labours under a disadvantage compared to other BNA colonies for want of a Free Warehousing Port. The greatest disadvantage arises out of Nfld trade with the West Indies, and in the fluctuating market value of West India goods. Trade between Nfld & West Indies is chiefly one of barter; West Indies take lower-grade fish in return for West India goods. A surplus of goods, esp Rum, is a burden because Nfld may only export to Canada, after paying a stiff duty; rum sent to maritime colonies must pay those colonies’ entire duties with no drawback allowed. Reference to problems faced when trying to re-export rum to Europe or Great Britain. Recent legislation makes it easier to import from Europe (ref. here to growing trade with Hamburg), but the opportunity to capitalize on this with re-exports of West India goods is lost because of cumbersome customs system. A free warehousing system would simplify and enhance re-export trade of rum, etc to Hamburg. Reference to the problems of a cash-poor society which instead relies on barter & truck trade

131-134

9 Oct 1827

Newman W. Hoyles

Murray

a memorial from the Chamber of Commerce regarding the Government’s intention to impose an "ad valorem Duty" on all articles imported into the Island and its dependencies, and also an additional duty on Spirits.

135-135v

1 May 1829

Cochrane

Murray

Transmitting the Blue Book containing the Financial and other returns of the colony for the year 1827. Blue Book for 1828 was sent by schooner St. Patrick which sailed in Feb 1829

137-141

3 May 1829

Cochrane

Murray

Forwarding a letter from His Excellency Sir James Kempt and the Resolutions of the House of Assembly of Lower Canada relating to the erection of lighthouses on Anticosti, Pointe-des-Montes, St. Paul, and on Cape Ray in Newfoundland. Commenting that while the Island cannot afford the necessities of its part of the proposal, yet Lower Canada offers generous contributions, he asks if the Government might also provide a sum so that Nfld might partake of this useful venture. Discussing the advantages and disadvantages of the proposal. Nfld lacks the revenue to give the idea precedence over other more compelling priorities; a light house at Cape Ray would only benefit the "very trifling amount" of Nfld trade resorting to the West Coast, whereas 600 vessels pass by a dangerous point just 3 miles from St. John’s which still has no light house (C. Spear?). This, together with a host of other public services and facilities lacking in Nfld, make C. Ray lighthouse very unimportant to Nfld, though he concedes that a lighthouse there would greatly benefit trade of New Brunswick, Canada, etc

143-145

25 March 1829

James Kempt (Quebec)

Cochrane

the abovementioned letter received from Kempt, concerning the proposal to establish lighthouses in various places in the Gulf of St. Lawrence, including C. Ray and the Island of St. Paul.

147-148

7 Feb 1829

   

the abovementioned resolutions of the Lower Canadian Assembly regarding lighthouses

149-151v

7 May 1829

Cochrane

Murray

Discussing objections to the tax, and how they might be alleviated by proclaiming that the revenues of the new duties will remain in the Colony, rather than be transferred to the English treasury; comments on resistance to the idea or to such fiscal reforms by English merchants involved in the Nfld trade. Reference to a document of the merchants of Poole urging that their trade with Nfld continue to be protected

153-154

9 May 1829

Cochrane

Murray

Asking whether the little boat he used to gather information from the outports for the renewal of the Judicature act might, instead of being sold, be used by the Surveyor to travel to the various Crown Lands in the Island, as otherwise the hiring of a vessel for such a job would actually exceed the £150 expended from the accounts in buying the small decked boat.

155-155v

9 May 1829

George Holbrook, surveyor general

Joseph Templeman, acting secretary

the surveyor’s request that the decked boat in question not be sold but made available to the surveyor for his visits to various parts of the Nfld coast

157-159

22 June 1829

Cochrane

Hay

Follow-up to his letter of last September, regarding the terms for land grants, which issue he is still awaiting an answer to. Nor has he heard further regarding the procedural issue for appointment of the Fort Major. Complains of problem with his eyes.

161–162

26 June 1829

Cochrane

Murray

Recommending James Cochrane (recently Acting Asst. Judge of the Supreme Court) for the legal position within the colonies that he requested (not specified). Gov. Cochrane justifies his recommendation

163v-164

30 June 1829

Cochrane

-

Return of the members of the Executive Council of Nfld for the year ending 30 June 1829.

165-165v

 

Cochrane

-

A return of the dispatches received from the Colonial Dept. by Cochrane between 1 July and 31 Dec 1828 which have not been either answered or acknowledged (brief summary of each letter’s subject, and when read)

167-169v

2 July 1829

Cochrane

Murray

Regarding a fisherman who helped to rescue survivors of a ship that was wrecked (the Dispatch, bound from Londonderry to Quebec, 200 passengers) a mile from his isolated dwelling on the SW Coast and the possibility of rewarding his efforts. Without those efforts, all on board would have died in the wreck or of hunger on shore; accompanying letter provides details. It would be a just reward that would also encourage others. "It is much to the credit of the poor people scattered along some of the distant parts of this extensive Coast, that the present is by no means a solitary instance of the display of much kindness on similar Calamitous occasions"; contrasts this with the "inhumanity and cruelty" of people of Cornwall or Western Ireland in responding to shipwrecks. As more and more Irish migrate to Nfld, it is vital that "the present creditable feeling" be instilled in them and thereby "prevent its exchange for a system of pillage which could be pursued with perfect impunity" [because of the remoteness of the coast]. Harvey (the person in question) has already been rewarded by Lloyds, and Cochrane feels government should reinforce this with appropriate gesture, "a medal or some token"

171-179

27 July 1828

Capt. Richard Grant, HMS Tyne (Maugher’s Beach)

Rear Adm Charles Ogle

extract of a letter with an account of the aforementioned events. Some had drowned, others reached Port aux Basques 3 leagues distant, but most remained near the site of the wreck, about 9 miles east of Port aux Basques. Fog & weather impaired Grant’s efforts to come quickly to assistance. Describes what followed: called for a pilot; Michael Gillan (principal inhabitant) plus mate of the wrecked vessel came out; steps taken to provide provisions, take survivors on board; condition of the survivors; ref. to George Harvey, the fisherman who rescued the survivors; the hazards of taking the survivors from shore back out to the warship; clothes issued; some of the tragic tales of those who were lost; the account of Henry Lancaster, first mate of the brig Dispatch of Workington, commanded & partly owned by his late brother William; circumstances leading to the wreck; description of the wreck and the efforts to save people; the role of a dog in trying to bring people ashore; more about George Harvey and his daughter and son; how flotsam from the wreck tipped Harvey off that a wreck had occurred nearby; Harvey’s efforts

181

4 July 1829

Cochrane

Murray

Transmitting an estimate for several works and repairs being done in the colony in the present year.

183v-185

24 June 1829

T.M. Bruce
(Secr’y)

-

the aforementioned estimate of expense of several public works to be undertaken 1829 (remarks, summaries, justifications, etc): two bridges, gov’t wharf, alterations to "the Church" (signed, Patrick Kough, Surveying Carpenter)

187-187v

4 July 1829

Cochrane

Murray

Transmits Tucker’s request for leave to proceed to England, which request he supports.

188-188v

4 July 1829

Tucker

Cochrane

asking him to forward his request for leave to Murray.

189-190v

4 July 1829

Tucker

Murray

his request to return to England for six months in the Autumn by the vessel now about to sail for Bristol; rationale.

193-199v

1 Aug 1829

Cochrane

Murray

Rehashing the major points of a previous discussion of Newfoundland, its special nature, its deficiencies etc and suggestions for ameliorating the state of the colony and its inhabitants. Notes how individuals who would have been sentenced in England to transportation are here released on account of illness because gaol here cannot accommodate sick prisoners. In another case, a woman is released rather than kept in jail because renovations to the debtors’ cells meant she would have to be housed with the men. Describes general conditions in gaol. Gaol even becomes a refuge from harsh conditions in winter; prisoners refuse to leave, considering it a "hardship ... not to continue in Gaol" [195v]. Existing facilities cannot be expanded because there is no room. Renews plea for new facilities, emphasizing that the estimates previously submitted were done voluntarily, no one profited, such was the need for new facilities. He draws attention to another letter regarding court house & prison in Harbour Grace, "the second town in the Colony and (if I may so call it) the Capital of Conception Bay; in a dilapidated state. More on state of the lunatic asylum here; must resort to making arrangements in private lodgings

201-203v

12 May 1829

Brenton

Cochrane

Recommends that the remainder of a 10-month sentence for Grand Larceny for a Mr. Kielley be remitted; continuance in prison would endanger his life, yet keeping him in a private lodging would be too expensive and be too insecure for the Government. He then goes on to discuss the lack of proper facilities to house prisoners who are sick, and the lack of proper facilities to house prisoners who are women

205-208v

22 June 1829

Tucker

Cochrane

extract of a letter describing the condition of the court house and gaol at Harbour Grace. That building was never suitable in construction or location, and is now "decayed and dilapidated", making it "wholly untenable"; heating with open fireplaces during the winter is dangerous, the cells are "insecure" and "unwholesome" due to dampness caused by poor ventilation and a harsh climate. Until a new building is erected, prisoners sentenced there should serve their time in St. John’s

209-209v

13 June 1829

Grand Jury
(Harbour Grace)

-

extract from the presentation of the Grand Jury at Harbour Grace, relative to the Court House and Gaol there. Concern not only for the prisoners but also for the many valuable and irreplaceable documents housed there that would be lost to a fire

211

-

-

-

Ground plan for the new Court House and Gaol proposed to be built at Harbour Grace.

212

12 Oct 1829

Cochrane

Murray

Transmitting a letter received from the Chief Judge.

214-216

11 Oct 1829

Tucker

Cochrane

His previous request for a short leave with his family in Scotland has been denied; he now begs that he be reconsidered, stressing the great urgency and importance of returning to his wife, who is very ill

218

2 Nov
(1829?)

-

-

A note saying "With reference to the reduction of his salary suggests means by which his difficulties may be removed".

219-220v

20 Nov 1829

Cochrane

Murray

in order to find someone to fill the position of sub-collector of the Custom House, he asks permission to allow half-pay officers to keep their half pay when taking on the minor role aforesaid, as heretofore they have not been, and this has proved dissuasive. Discusses the inadequacy of salaries in Nfld

222

30 Nov 1829

Cochrane

Murray

as requested (12 June last) by the House of Commons, he sends the returns required for the last ten years.

224-227

12 June 1829

-

-

"Newfoundland Returns of Revenue etc for the last ten years" (revenues from Crown rents, licenses, fines; chargeable to various salaries; revenue from duties paid on imports, and how used)

228-229v

1 Dec 1829

Cochrane

Murray

Regarding Mr. Joshua Brooks’ claim of certain Crown land in St. John’s as his private property; Cochrane had the claim investigated. All hinges on whether the land in question was originally a Ship’s Room. Cochrane concludes that Brooks’ claim is not valid, but also suggests that Brooks be compensate in some way

231-233v

24 Nov 1829

G. Holbrook, Surveyor General

Capt Bruce, RN, Colonial Secretary

the report of the surveyor on the status of the above claimed piece of land in the records. The claim goes back to 1751 when Gov. Rodney established Mr. Brooks’ ancestor in a plantation bounded by a Ship’s Room "on Burst Heart Hill". Traces the story of the property through various appearances in the official record under Gov. Duckworth & Gov. Hamilton

235-236v

3 Dec 1829

Cochrane

Murray

Regarding debts of the departed Mr. G.W. Busteed (former Chief Clerk & Registrar of the Supreme Court) which must be paid to the Nfld Govt.

238-238v

13 Feb 1829

Busteed

The High Sheriff of Newfoundland

regarding the above; Busteed claims there is salary owing him, and that this exceeds the amount of his debt. He therefore suggests that the debt be paid out of this unpaid salary

239-240

5 Nov 1829

Blaikie

 

an account of the fees apparently received by Busteed; itemizes the various fees to which presumably someone in Busteed’s position was entitled.

241-247v

11 Dec 1829

Cochrane

Murray

the Treasury Dept has accepted his recommendation to erect a new Court House and Jail at Harbour Grace. Also discusses the ad valorem duty intended to be imposed on the imports to the Island, and the public reaction to it, etc. English-based merchants oppose it, "not being interested in [Nfld’s] internal improvement". To demonstrate that the duty will be beneficial, Cochrane would like to engage in a local improvement, specifically, te completion of the road from St. John’s to Portugal Cove. A market house in St. John’s would be another improvement. Unfortunately, there is real disagreement about the duty. Discussion of the fishery (poor this year) and the European markets (low prices for fish). Discussion of how Customs revenues collected in Nfld should be used. Salt and potatoes are exempt from Customs; Cochrane recommends adding other commodities (bread, flour, peas, meal, all grain)

249

15 Dec 1829

Cochrane

Murray

Transmits the annual report on the state of the fortifications by the Commanding Royal Engineer, Lt.Col. Vigoureux.

251-255

8 Dec 1829

Lt.Col. Vigoureux

-

the Report on the fortifications at St. John’s

257-258

22 Dec 1829

Cochrane

Murray

Has received a copy of the legislation recently passed for the "relief of His Majesty’s Roman Catholic Subjects"; circulated amongst legal administrators. Transmits their reports. As "nearly one half" of Nfld’s population is Roman Catholic, and agitators "from whom no Communities are free" are arousing discontent about the "Boon" granted fellow Catholics in the UK, Cochrane urges that measures be taken to release local RCs "from the civil disabilities they at present lie under."

259-260

17 Dec 1829

James Simms
(Att’y Gen’l, Nfld)

Bruce, secretary

His opinions on whether there is any reason not to allow RCs to serve as JPs, or as members of Council. He does not believe that the recent legislation extends to Nfld.; all depends on the Instructions given to the Governor, who can exercise discretionary authority

261-264v

21 Dec 1829

Tucker, DesBarres, Brenton

Cochrane

The opinion of the judges on the questions. They too stress that all depends on whether legislation always extended to Nfld, or whether only the principles of legislation extended according to the instructions of the governor. They cite a number of specific cases and examples in Nfld over the years

266-267v

31 Dec 1829

Cochrane

Murray

Reporting that the fishery has failed this last season to an unusual degree, worsened by the particularly low prices on the foreign market this year, but thankfully no report has yet been made of serious suffering among the poor, nor any requests for extraordinary relief made, except for on of "the most Northern, insulated inhabited parts" of the Island; Cochrane sent them a small amount of relief supplies. Cochrane concedes that he was not able to report personally that year on the French fishery, as he had promised; for that, he would need the services of a warship, and he therefore requests that the Admiral in Halifax be so instructed

Mr. Busteed’s Suspension

270-270v

9 Feb 1829

[Cochrane]

Murray

Reporting the necessity of suspending George W. Busteed from his office as Chief Clerk of the Supreme Court while an enquiry into its proceedings was conducted.

272-281v

28 Feb 1829

Cochrane

Murray

Submitting documents pertaining to the conduct of Mr. Busteed. The matter revolves around Busteed’s taking in more fees than were allowed to him; i.e.: in excess of £100. He also falsified a return to hide this fact, and in so doing, purposely deceived the head of the Government, and otherwise attempted to thwart the investigation, until he was suspended. He suspects Busteed intended a great deal more extortion as well. Attempting leniency, for the sake of Busteed’s large and helpless family, Busteed forced him either to continue his suspension, or to allow him to continue his former practices with impunity. Documents regarding the various above points follow.

282

10 April 1826

Bathurst

-

Extract of a letter explaining the limits of Busteed’s emoluments

283-284

1 Jan 1827

Bathurst

-

Busteed’s commission

285v-286

 

Brenton
(Acting Chief Judge)

-

extract of the return of the establishment of the Supreme Court for 1827, in which it is noted that Busteed’s report of his fees was £114.9..0, while Blaikie’s report of Busteed’s fees amounts to £176.2..8.

287

14 Feb 1829

Blaikie

-

Blaikie’s account of Busteed’s fees, whose contrast with the above report was noted on the above report

288-289

4 Feb 1829

Bruce, secretary

Busteed

Reproves him for his conduct, and offers the clemency of a second chance

289-289v

10 Dec 1828

-

-

extract of a letter from the Supreme Court Judges, mentioned in and enclosed with the above. Notwithstanding his commission, Busteed appears to have acted on the impression that Lord Bathurst’s letter vested in him "the exclusive right to all the fees appertaining to his Office"

290-291

5 Feb 1829

Busteed

Bruce

Busteed’s response to the offer of clemency, defending his honour, and refusing to submit to the reproof, as he considers himself innocent of wrongdoing

292-293

5 Dec 1828

Bruce

the Judges of the Supreme Court

Having no longer any trust in Busteed’s Returns, he orders an enquiry into his proceedings in his office

294-296

-

-

-

a Minute of the above enquiry. Explains several documents, copies of which follow

298-298v

6 June 1826

Brenton

Busteed

In which Brenton insists that Lord Bathurst did not intend Busteed to claim the fees

299

18 Sept 1828

Bruce

Busteed

Commands Busteed to prepare a return of his fees

300

19 Sept 1828

Busteed

Bruce

transmitting the requested account [someone annotated the original: "Where is it?"]

301

7 Oct 1828

Bruce

Busteed

Explains that the return that Busteed sent was an aggregate account, and he needs to provide a detailed one

302

28 Oct 1828

Busteed

Bruce

will send a more detailed account; apologizes for its delay, as workmen have occupied his office for several days

303-305

-

Busteed

-

the detailed account of his fees between 2 Jan 1826 and 18 Sept 1828

307

14 Nov 1828

Bruce

Busteed

asks that he enter in the vacant column provided on his account the names of the parties from whom the fees were received. Also, that he make a return of the fees received by Blaikie, Stark, and Garrett, during his absence from the colony, and also a detail of the item of "Seals of Court £13.11..6

308-308v

15 Nov 1828

Busteed

Bruce

returning the revised account, commenting on the "Seals of Court", and asking what level detail he requires in a return of the fees of his deputies

309

17 Nov 1828

Busteed

Bruce

a return of fees received by him from his deputies during his absence from the colony [Emphasised in letter].

310

18 Nov 1828

Bruce

Busteed

Having received the preceding letter, he requests an account of the fees received by his deputies while under his deputation or during his absence, together with any remarks or details he would like to contribute for his information

311

Nov 19 1828

Busteed

Bruce

Encloses the return he requested of the probates etc issued by Mr. Stark during his absence, and an accounted provided by Blaikie. Garrett did not issue either probate or administration during his absence or make any returns to Busteed.

312v-315A

-

Busteed, Stark

-

Stark’s account

315-317

-

-

-

Blaikie’s account

318

22 Nov 1828

Bruce

Busteed

desiring a more detailed account, he transmits a form which he asks him to complete, and also, because Blaikie’s account covers only the period of his absence, he would like to be informed of the whole of the sums which Blaikie has received, and which Busteed has received fro Seals Certificates etc in the manner returned by Blaikie

319-319v

24 Nov 1828

Busteed

Bruce

sending copies of three returns he has received from Stark. Also, mentioning how he is unable to fill in the column on the form requesting when a particular fee was, and asking whether he may alter the form to read when a fee was accrued.

320

25 Nov 1828

Bruce

Busteed

Permits him to make the alteration to the label of the column, in order to fill it in

321

25 Nov 1828

Busteed

Bruce

sending the return

322v-326v

 

Busteed

-

the return

328

29 Nov 1828

Busteed

Bruce

sending a return of the sums paid for recording instruments in the Registry Office, and of additional income received by him for additional writings, amounting to £22

329-330

13 Feb 1829

Blaikie

Bruce

recounting a situation in which several people received notes supposedly from Bruce, which were causing complaints

331

29 Nov 1828

Bruce

Busteed

Desires an explanation for a discrepancy found between two statements

332

29 Nov 1828

Busteed

Bruce

explains that the larger sum recorded by Blaikie was the sum received by Blaikie, and the smaller sum was the balance paid over to himself after deductions were paid from it for Blaikie’s deputies

333-334

30 Nov 1828

Busteed

Cochrane

His memorial. A recent letter has made him aware of the shadow that is being cast on his honour, and he asks that an enquiry made, or else that he be allowed to proceed to London on a leave of absence, to defend himself against any charges that might be brought against him. Enclosed documents follow

335-335v

29 Nov 1828

Henry Bisset

Bruce

a letter attached to his memorial which relates how Busteed had advised him to take what he afterwards thought to be an unnecessary step, and thus refused after the fact to pay the extra £30 fees to Busteed. Informing him of what fees he did pay, at that occasion.

336

29 Nov 1828

John Sinclair

Bruce

Explains what fees he paid to Busteed for the recording of a Will

337

29 Nov 1828

J. Jennings

Bruce

Explains the fees that were paid to Busteed for various services

338

28 Nov 1828

T. H. Brooking

Bruce

He too explains fees that were paid to Busteed for various services

339

29 Nov 1828

Kenneth McLea

Bruce

Explains the fees he paid to Busteed for certain services

340-341v

10 Dec 1828

Tucker, DesBarres, Brenton

Cochrane

they believe Busteed appears to have acted throughout under the impression that his commission had vested in him the exclusive right to all the fees appertaining to his office without imposing upon him any obligation to account for the same

342-342v

26 Dec 1828

Bruce

Busteed

Concerning the investigation which has been ordered into his office. He is commanded to pay over the fees that are surplus to £100 per annum, after which he may use his own discretion in either staying during the investigation, or taking his leave of absence to go to England. If he leaves, the investigation will not be suspended.

343-344

26 Dec 1828

Busteed

Bruce

regarding two questions he has put before the Chief Judges, in pursuit of his assertion that he is in his office not subject directly to the Governor, and that moreover the fees of the office are as much his property as his salary

345-345v

2 Jan 1829

Busteed

Bruce

transmitting two letters – one from him to the judges, and the other their reply to his enquiry – regarding his right to the fees of his office

346-348v

26 Dec 1828

Busteed

Judges of the Supreme Court

the first of his letters, asking whether the fees of his office are the property of the officer (himself), or does he merely receive them as an accountable officer? Also, is the Chief Clerk of the Supreme Court the Master in Chancery and Accountant General of Newfoundland?

348v-349

2 Jan 1829

Brenton

Busteed

the Judges’ answer to Busteed’s questions. They decline to give any opinion on the matter of his property of the fees of his office. To the other issue, they have never considered him as filling the roles he suggests

350-350v

3 Jan 1829

Bruce

Busteed

in accepting the appointment, Busteed tacitly accepted the conditions that went with it, and he therefore has no right to the surplus fees, neither will the Governor deign to discuss the matter further. He must either pay over his rightful dues, or refuse to. Ordering him to reply with a simple acquiescence or refusal

351

3 Jan 1829

Busteed

Bruce

Says that he never had any intention other than to comply fully with the Governor’s directions

352-354

5 Jan 1829

Busteed

Bruce

Explains that he did not mean to discuss his right to his fees with the Governor – as he considers such rights to be unequivocally established. Defending his rights, denying any acquiescence to the terms of his appointment given in the letter from Bathurst, and asserting that he was seeking justice, which the Governor should apply impartially. Apologizing if he has done anything to meet with the Governor’s displeasure

355-356v

13 Jan 1829

Busteed

Bruce

regarding his imminent departure to England. Asking how much of his fees he should leave with the Governor. Asking that his fees not be interfered with by the Governor. Reiterating his right to his fees as his property. Asking what documents he shall be given to help make his case in vindicating himself, listing such as he thinks might apply.

375

19 Jan 1829

Bruce

Busteed

Bruce explains that the amount of fees to pay over to the public account is referred to in his previous letter of the 26 Dec last

358-358v

4 Feb 1829

Busteed

Bruce

Indicates that he is leaving £50 of his fees, plus £100 of his last salary, not wanting to draw it while it is still suspected that he might still be holding public monies in his hands

359

4 Feb 1829

Bruce

Busteed

Informs him that the money must be left in the hands of the Highs Sheriff, and that his last salary cannot be available as a deposit for public purposes until drawn by him, and thus rendered negotiable

360-361

7 Feb 1829

Busteed

Bruce

Again asks whether the documents so crucial to his vindication will be granted to him

362

9 Feb 1829

Bruce

Busteed

replies that the documents he requests will be prepared without delay, but cannot be ready to send to the Secretary of State for the Colonies by the period of his departure

363-366v

19 Jan 1829

Bruce

The Judges of the Supreme Court

on direction from the Governor, he is sending them various records and returns pertaining to the office of the Chief Clerk together with six schedules containing certain items of surcharges and irregularities which appear to have been practised by Busteed while in his office. Also, discussing his suspension.

367-374

21 Jan 1829

Simms

The Judges of the Supreme Court

the principal remarks of the Attorney General relevant to the points of enquiry which he submits for the consideration of the judges

375-412

-

-

-

various and sundry financial accounts and records abovementioned and others related to the enquiry

413-414v

20 Dec 1828

Busteed

Bruce

Explains how, when he made an appointment to see the Judges in their chambers to enquire about their having been given records of his to inspect, the Attorney General was present and read an indictment against him which he was then required to defend himself against. Feeling that, despite having not been able to prepare a defence, not knowing that he was to come under such serious charges, he nonetheless exonerated himself fully. He feels the right, however, to know of what he is accused, and therefore requests documents relating to instructions given to the attorney general regarding him and the enquiry into his office

415-415v

24 Dec 1825

Busteed

Bruce

Asks that his suspension only be remitted when his innocence has been fully proven and he receives full exoneration from the home government – which he expects, and requests leave to go entreat at the earliest possible opportunity

416-431

3 Feb 1829

Brenton, Des Barres, Paterson

Cochrane

the Judges’ report of their enquiry, with legal and other observations in the right hand side

Index

434-439

     

The Index of Cochrane’s correspondence for 1829

End of Volume