CO 194/81 [Reel B-533]

Page Date From whom (where) To whom (where) Contents or nature of the document

Sir Thomas Cochrane

3

1 Jan 1831

Thomas Cochrane, Government House, St. Johnís

Sir George Murray

A letter informing Murray that he is transmitting the proceedings of His Majestyís Council of Newfoundland ending on the 31st of December.

5

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Attached: Names of the members of His Majestyís Council for Newfoundland.

7

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Attached: A list of dispatches between January 1st and June 30th from Murray to Cochrane which remain unacknowledged or unanswered.

9

1 Jan 1831

Thomas Cochrane, Government House, St. Johnís

Sir George Murray

Informing Murray that he is transmitting a copy of the dockets of dispatches for the year 1830.

11-14

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Attached: the copy of the aforementioned dockets of dispatches between Sir Thomas Cochrane and Sir George Murray.

15

7 Jan 1831

Thomas Cochrane, St. Johnís

Sir George Murray

Informing Murray that he is transmitting a memorial of the St. Johnís Chamber of Commerce for 1830.

16-17

20 Dec 1830

Mr. Thomas, President of the Chamber of Commerce

Sir George Murray

Attached: The Chamber of Commerce Memorial. Addresses the subject of the "depressed state" of Newfoundland trade which is attributed to treaties with France and the United States allowing these powers to undersell British fish from Newfoundland. If the British government does nothing, it is likely that Newfoundland fish will be excluded from the lucrative Spanish market entirely.

19-22

10 Jan 1831

Thomas Cochrane, St. Johnís

Sir George Murray

Cochrane writes to Murray, transmitting the remarks of Newfoundland judges on the subject of revision of the Judicature Act which will expire in December 1832 and the petition for legislative government in Newfoundland. Remarks on the peculiar nature of inhabitants and apparent incompetence of the judges.

23-26v

4 Jan 1831

R.A. Tucker

His Excellency The Governor (Cochrane)

Stating why, at the present time, they cannot offer any observations on the Newfoundland Judicature. Details the very numerous activities of Chief Justice Tucker over the past year as well as the general activities of the courts. The point being that the Newfoundland judiciary simply has not had the time to discuss the Judicature Act. They resolve to form an opinion about it, as well as a future legislative government, during the course of the winter. The post-script requests that Cochrane forward the letter to the Secretary of State of the Colonies as an apology of the delay of sending him their opinions on the Newfoundland judicature.

29-31

14 Jan 1831

Thomas Cochrane, St. Johnís

Hay

A private letter to Hay inquiring whether he still holds his government position and various other subjects such as concerns with his salary, and a fire in the town that was contained after destroying fifteen houses. Note: Ink has faded significantly and holes on page 31.

32-33

1 Feb 1831

Thomas Cochrane, Government House, St. Johnís

Viscount Goderich

Acknowledging Goderichís letter of the 22nd November stating that the seal of the Colonial Department was passed to him by His Majesty.

34-39v

3 Feb 1831

Thomas Cochrane, Government House, St. Johnís

Viscount Goderich

A letter regarding land grants, cultivation by inhabitants, rents, and the discontent that could arise from the Crownís policies on those subjects.

41

4 Feb 1831

Thomas Cochrane, Government House, St. Johnís

Viscount Goderich

Informing him that he is transmitting the complete Blue Book for the year 1830 with the exception of customs information.

43

5 Feb 1831

Thomas Cochrane, Government House, St. Johnís

Viscount Goderich

Informing him that he is transmitting the General Return of the Fishery of Newfoundland, as well as the Return of the exports and imports of the island.

45-45v

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Attached: Return of the Fishery and Inhabitants of the Island of Newfoundland in the year ending 30th June 1830.

46

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Attached: Account of the goods exported from Newfoundland in the year ending 30th June 1830 and an account of the goods imported into Newfoundland. Note: although consisting of several slides, only the first one is marked with a page number.

47-50

5 Feb 1831

Thomas Cochrane, St. Johnís

Viscount Goderich

Inquiring about a reduction of his salary; why it was reduced and if it can be raised.

51-51v

7 Feb 1831

Thomas Cochrane, Government House, St. Johnís

Viscount Goderich

After receiving a letter from Hay, Cochrane writes to answer the questions of the Royal College of Physicians which were brought up in the letter from Hay. The answers are provided by Doctor Carson who is the longest established physician on the island. Carson also sends the skull of the late Shanawdithit for inspection by the Royal College of Physicians.

52-67

1831

William Carson, M.D. Physician to the Governor

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Dr. Carsonís answers to the questions of the Royal College of Physicians. He begins with an overview of the island. He says that the climate and soil are not as bad as has been reported; it is merely a myth purported by the first settlers and the government to maintain the use of the fishing grounds for seasonal fishermen. He then proceeds to answer the questions of the Royal College: What is the population, what proportion do the annual death rates bear on the population, are there any remarkable instances of longevity amongst the inhabitants, what are the features, complexion, and colour of hair and every stature of the natives [Beothucks], what is the medium height of the thermometer in the summer and winter months, what quarters do the winds chiefly prevail and during what months, what is the value of the soil, what is the nature of the rocks and plants there, and various inquiries about disease and the medical practice on the island.

69-71v

9 Apr 1831

Thomas Cochrane, Government House, St. Johnís

Viscount Goderich

Responding to a request by Goderich to give an account of the removals and appointments of officers in the colony. Cochrane explains that this traditionally has not been the practice, but complies with the request. He details the appointment of Captain Campbell to replace Captain Bruce who returned to England as a result of "a severe domestic affliction." Near the end of the letter Cochrane brings up the issue of his salary again.

73-88v

14 Apr 1831

Thomas Cochrane, St. Johnís

Viscount Goderich

A reply to a dispatch from Goderich asking Cochrane to give his opinion on the subject of the petition put forward by some inhabitants of Newfoundland for a local legislature. Cochrane writes a lengthy letter detailing his opinions against the establishment of a legislative government on the island. He begins with a survey of the state of island and its population describing the classes, occupations, lifestyle, and number of inhabitants, as well as the difficulty of governing the isolated outports. After this description he writes that he has not been able to acquaint himself with the plans proposed by the petitioners but assumes it will be similar to the legislatures established in neighbouring colonies and gives his opinion based upon that. He states that in St. Johnís, a significant number of respectable persons could be found to represent the population in the legislature, but outside of St. Johnís it would be difficult to find enough representatives. Arguments that since Nova Scotia has been granted a legislature Newfoundland should have one also, are deemed invalid by Cochrane because, according to him, the situation in Nova Scotia is quite dissimilar because of population size and history. He continues by attacking the validity of the petition, and by again emphasising the difficulty of implementing a local legislature that would represent the large outport population. He concludes by stating that he is in no way opposing the implementation of legislative government in the colonies in general, but he begs to argue that Newfoundland is not ready for such responsibility.

89-90v

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Attached: A chart listing the populations of Newfoundland districts and towns showing the greatest density to be in the St. Johnís district.

92-95v

15 Apr 1831

Thomas Cochrane

R.W. Hay

A private letter to Hay regarding an accusation of a certain Captain Pearl and whether it is true or false. He gives an account of Pearlís actions in Newfoundland.

96-103

28 Apr 1831

Cochrane, St. Johnís

Viscount Goderich

Responding to a question by Goderich if the instructions for the disposal of Crown Lands in New Brunswick can be applied to Newfoundland also. He introduces Goderich to the topography of the island, including remarks on the soil and cultivation. Cochrane writes that while the area around St. Johnís would be suitable, the soil in the outports would not support extensive agriculture. He also praises Goderich for a measure introduced regarding rents which will be received well throughout the colonies according to Cochrane.

104-107v

2 May 1831

Cochrane, St. Johnís

Viscount Goderich

Explaining his conduct over the absence of Captain Bruce and his salary and the exceptional circumstances of that case. Other remarks on appointments and salaries.

109-110

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An unaddressed letter inquiring whether or not Cochrane could appoint a secretary should the office be absent.

111-117v

4 May 1831

Cochrane, St. Johnís

Viscount Goderich

This letter responds to Goderichís inquiry of what the best mode of government would be for Newfoundland. Cochrane responds by stating the destitution and uniqueness of the colony of Newfoundland and continues by discussing the situation of new duties being imposed by Britain upon imports to Newfoundland and how this issue contributed to the demands for a legislature. Cochrane believes the best method would be to have a legislative council on the island for dealing with internal affair while the government in Britain retains power over taxes. However, he fears the people of Newfoundland would not be willing to accept that. So, he opts for the plan of a "corporation" controlling the town of St. Johnís, its harbour, police, and the well-being of the port. The same corporation would be instituted in the other towns of Harbour Grace and Carbonear. At the end of the letter, Cochrane turns to the policy regarding the death or absence of a governor and the arrangement of administration resulting from that.

119v

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Attached: a chart showing the quantity of shirts imported into Newfoundland and the sum received by the present duties.

120v

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Attached: a list of persons Cochrane considers suitable for his aforementioned council.

121-123

4 May 1831

Cochrane, St. Johnís

R.W. Hay

A private letter to Hay briefly discussing subjects including his opposition to legislative government, a request to aid him in the case of Capt. Bruce, complaints about the difficulty of governing Newfoundland, and other subjects.

125

11 May 1831

Newfoundland

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Informing the recipient that Cochrane wishes to forward two letters from the governor of the French colony of St. Pierre et Miquelon

127-127v

25 May 1831

Cochrane, St. Johnís

Viscount Goderich

Response to Goderichís request for an account of passengers who have arrived in Newfoundland for a certain period of time and drawing Goderichís attention to a letter from the Collector of Customs regarding emigrants.

129

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Cochrane

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Attached: An account listing the number of emigrants between 1811 and 1830. It is interesting to note that the year 1815 has an exceptionally large number of emigrants in comparison with the other years.

131

23 May 1831

A.B. Brooking

John Campbell

Attached: A letter regarding the above chart and certain policies towards emigration.

133-134

26 May 1831

Cochrane, St. Johnís

Viscount Goderich

Regarding the practice of sending half-year reports and Newfoundlandís record on the matter. Recently, the practice had been abandoned due to various circumstances which Cochrane explains.

135-137v

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Attached: Certain information explaining the blue book of 1830, recounting the activities of the civil establishment, revenue and expenditure, military establishment and so forth. Note: the ink has faded somewhat making reading difficult.

139-140

31 May 1831

Cochrane, St. Johnís

Viscount Goderich

Since the issues being discussed with regards to the Newfoundland legislature are so very important, Cochrane advises Goderich to find information about it from other sources. He recommends a Mr. Simms who has lived on the island and is very knowledgeable.

141-158

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James Simms

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Attorney-General Simms, as mentioned in the above letter, gives his opinions on the suitability of the establishment of a legislative assembly in Newfoundland. In the letter he gives a comprehensive explanation of the subject, the condition of the colony, the "character" of its inhabitants, the nature of its trade, the evils of which are frequently complained, and finally, the best remedy for the ills in the colony. Simms believes that while Newfoundland is, in many ways, "ripe" for a local legislature, it also does not need one. And, like Cochrane, says that the outports would be poorly represented. Note: Parts of the letter are faded.

159

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A chart showing the population distribution in Newfoundland in 1828 and the distance of towns from St. Johnís.

161-162

13 June 1831

Cochrane, St. Johnís

Viscount Goderich

Requesting a temporary leave to England before the autumn when he will be tied up in litigation regarding the legislature.

163-163v

16 June 1831

Cochrane, St. Johnís

R.W. Hay

Replying to a request by Hay to be informed of what expenses of the repairs of the court-house, gaol, and sheriffís apartments were paid. He informs Hay that they have all been paid by the military chest into which the revenue of customs is deposited.

165

8 Aug 1831

Cochrane, St. Johnís

Viscount Goderich

Informing Goderich that he is sending a Return of Members of His Majestyís Council.

167

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Attached: The aforementioned return listing the members of His Majestyís Council, when they were appointed, and remarks about their position.

169-169v

8 Aug 1831

Cochrane, St. Johnís

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Attached: Return of dispatches received from the Colonial Department between the 1st of July 1830, and the 31st of December the same year, and a short summary of each letter.

171-171v

25 Aug 1831

Cochrane, St. Johnís

Viscount Goderich

Transmitting a request of the Clerk of the Supreme Court of Newfoundland for a leave of absence to Halifax to attend to urgent private affairs. Cochrane granted him three months leave on the condition that it was his intention to return, if possible, within several weeks.

173-174

6 Sept 1831

Cochrane, St. Johnís

Viscount Goderich

Regarding the conviction of Mr. Fogarty for the rape of a girl less than ten years old. He was sentenced to death in spite of the juryís request for mercy. Cochrane then details the doubts of the judges of practicing executions. The judges believe it to be better to refer sentences of execution to law offices in England. Cochrane points out the inconvenience of referring these cases to England which would take many months. Note: written on the side of p.173: "referred to Crown Lawyer Oct. 5 1831."

175-179

2 Sept 1831

Tucker, DesBarres, Buchan, Judges Chambers

His Excellency the Governor

A letter explaining in detail the case of the rapist Michael Fogarty and the judgesí decision on his case. They detail their doubts about the execution and request their dilemma to be referred to the great Law Officers of the Crown before the sentence of death is carried out. The post-script states that the judges do not believe that this case comes under the restrictions detailed in a letter which apparently forbids certain cases to be referred to the Secretary of State.

181-188

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An extract from a letter dated 27 December 1824 from Chief Judge Tucker to Sir Charles Hamilton regarding the sentence of death of two criminals (William Armstrong and James Lahey). The essential question Tucker asks is to what extent certain laws in England apply to the colony of Newfoundland.

189

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A record of two private letters from Cochrane to Hay, one requesting leave, and the other notifying Hay that he has arrived at Cowes.

190

5 Oct 1831

Thomas Cochrane, St. Johnís

Viscount Goderich

Informing Goderich that he is transmitting two letters: one from the Colonial Secretary, and the other from Captain Campbell.

192-192v

30 Sept 1831

J. Crowdy, Secretaryís Office, St. Johnís

Sir Thomas Cochrane

Attached: Captain Campbell was appointed Secretary with full pay until the arrival of Mr. Crowdy from England who had been appointed to the position earlier. Now Mr. Crowdy writes that he was informed that he was entitled to half salary from the time of his appointment to the time of his arrival. He now requests Cochrane to ascertain from the Secretary of State for the Colonies if he is entitled to receive this amount.

194-195

4 Oct 1831

John Campbell

Sir Thomas Cochrane

Campbell, having received word of Mr. Crowdyís request, writes Cochrane to state that he is rightly entitled to his full salary for holding of the office of secretary until Crowdyís arrival. Note: text is faded

196-196v

6 Oct 1831

Thomas Cochrane

Viscount Goderich

Transmitting a memorial from senior members of the legal profession in Newfoundland.

198-199v

2 Nov 1831

J.S.

Hay

Remarks on the treatment of barristers of Newfoundland who, under a certain interpretation of the charter, have been denied certain privileges making them unequal to English lawyers.

200-202v

29 Sept 1831

Mr. Lilly, W.B. Row, Mr. Hayward, Charles Simms

Lord Viscount Goderich

The memorial of senior members of the legal profession in Newfoundland. These barristers write of the situation which has arisen from the new charter of the Supreme Court of Newfoundland granted in 1826 which has been interpreted by the judges to prevent the barristers from exercising certain rights and privileges. These barristers now request that they be allowed to practice on equal footing with those in other colonies.

204

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R.A. Tucker, A.W. DesBarres, E.B. Buchan

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A statement that William Bickford Row was appointed a barrister on the 3rd of April, 1826 and has been continuing his duties since then.

205-206

1 Oct 1831

R.A. Tucker, Judgesí Chambers

His Excellency the Governor

Regarding the memorial of the senior members of the legal profession. Asking Cochrane to support the proposal.

207-207v

30 Sept 1831

George Lilly, St. Johnís

The Chief Judge

Requesting that the chief judge add his support to, and forward the memorial from the senior practitioners of the law regarding the enlargement of the power of the Newfoundland court in admitting new barristers.

209-209v

6 Oct 1831

Thomas Cochrane, St. Johnís

Viscount Goderich

Informing him that he is sending a transcript of two cases in the Supreme Court of Newfoundland along with the observations of the Attorney-General thereon. He implores Goderich to present them before His Majestyís Law officers.

211-247 (cont'd on next reel)

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James Simms, Attorney General of Newfoundland

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Attached: the aforementioned transcript of the cases of "the King vs. Cuddity [Caddity?]" and "the King vs. Ryan." John Cuddity was brought to court because of unlawful fencing of a certain plot of land in St. Johnís. The verdict was not guilty. Luke Ryan committed a similar crime of fencing in a portion of land in the Central District of the island and was fined ₤100. Ryan was also pronounced not guilty.

CO 194/81 continued on next film [Reel B-534]

247-265

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Continuation of the above report of the two cases. After the transcript, Simms gives his opinions and observations on the cases and land granting practices in Newfoundland

266

6 Oct 1831

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Mr. Hay

Stating that the only way to dispose of "this case" is to convince the Solicitor of the Treasury to agree with the Attorney-General that appeals should be brought to receive the judgements.

268-276

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An index summarising all the documents in this volume.

End of Volume