CO 194/33 [Reel B-535]]

Page

Date

From whom
(where)

To whom
(where)

Contents or nature of the document

Newfoundland 1833: Vol 1
Sir Thomas Cochrane

3-4v

3 Jan. 1833

Thomas Cochrane

Viscount Goderich

Cochrane encourages full implementation of the principle of a Legislative Assembly. He then discuses the fact that the new Constitution of the Colony of Newfoundland has been finalized by himself, the Council and the Assembly. He explains that this and other developments from the first meeting of the assembly are included in this despatch.
5-8v

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Attached: Preface to what follows document. A transcript of a speech that was read at the opening of the Legislature. Some reference to resolutions and complaints
9-29v

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Attached: account of proceedings of the first meeting of the Assembly. It is organized according to several headers such as "Judiciary", "Population" and "Schools". Each section enquires into the nature of each subject with some depth, examining past data on these topics with new observations. Some discussion about concerns and needs of the colony, such as Militia and Savings Banks.
30-32

3 Jan. 1833

Thomas Cochrane

Viscount Howick

Offers his own thanks and those of the inhabitants’ of Newfoundland for a fully operational Representative Assembly, particularly to Goderich.. Asks Goderich to transmit the general proceedings of their meeting to Howick.
34-34v

5 Jan. 1833

Thomas Cochrane

Viscount Goderich

Explains that a six-month leave of absence has been given to Judge Desbarres, while allowing Judge Carter of the Admiralty Courts to fill in during his absence.
36

7 Jan. 1833

Thomas Cochrane

Viscount Goderich

Submits the Royal Engineer’s report on the Fortifications of Newfoundland to Goderich..
38-41

9 Jan. 1833

J. Oldfield

The Governor

The Royal Engineers "Report on the Present State of the Fortifications and the Improvements therein contemplated." The report includes details on such defences as Fort William, Fort Townshend, Fort. Amherst, Fort Fredrick, Signal Hill, Quidi Vidi, and various batteries in the area
42

8 Jan. 1833

Thomas Cochrane

Viscount Goderich

Transmits the minutes of His Majesty’s Council for Newfoundland for the half-year ending December 31, 1832.
44

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A table listing appointments to various offices, such as Colonial Secretary and others, for the period of 24 August to 31 December 1832. This is divided into three columns: the person appointed; the date appointed; the appointment itself.
45v

11 Jan. 1833

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Transmits a letter with the motions of Council for 31 Dec. 1832.
46

9 Jan. 1833

Thomas Cochrane

Viscount Goderich

transmits list of unsatisfied, unanswered or unacknowledged letters
48

30 June 1832 [Copy]

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Summary of what was said in the previous, longer note.
48

27 Aug. 1832 [Copy]

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Concerning the granting of a salary to the Catholic Bishop of Newfoundland
48

30 Nov. 1832 [Copy]

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Requesting clarification of the role of the barrister under the Royal Charter.
48

20 Feb. 1832 [Copy]

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Raises an issue over the forwarding of information to the Colonial Dept.
48v

27 March 1823 [Copy]

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A note acknowledging the Annual ‘Returns of the Fishery’
48v

30 March 1832 [Copy]

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A note addressing a series of letters from the Lord Commissioners of the Treasury on the matter of appointing substitutes while others are absent.
48v

1 May 1832 [Copy]

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Acknowledges the dispatch of 16 March relative to the dispatches between the Merchants and Fishermen and approving of the proclamation issued on the occasion
48v

2 May 1832 [Copy]

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Acknowledges the dispatch of 16 March relative to the disabilities under which Roman Catholics must labour; regrets the want of resources with which to assist the Orphan Asylum School.
49

11 May 1832 [Copy]

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Concerning Mr. Villier’s salary and the subsequent considerations of the Legislature.
50

10 Jan. 1833

Thomas Cochrane

Viscount Goderich

A note prefacing a copy of a docket of Disappointment from Newfoundland to the Colonial Dept.
52

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reiterates what was said in the previous, longer note.
52

24 Jan. 1832

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summarizes a discussion on the Catholic Relief Bill and the subsequent recommendation to grant £100 to orphans in Anglican Schools
52

25 Jan. 1832

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A note transmitting a Half-year’s worth of minutes of the Council of the Province from Dec. 1831
52

25 Jan. 1832

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A note which refers to the transmission of annual reports on Fishery, Imports and Exports.
52-52v

25 Jan. 1832

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A note regarding the leave of absence of Joshua Green due to ill health.
52v

25 Jan. 1832

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A note regarding the sale of materials from ‘old’ Government House and discussing issues with the new one.
52v

13 March, 1832

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A note regarding the increase in transportation around the island and recommending the establishment of a Savings Bank.
52v-53

14 March, 1832

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A note regarding the death and replacement of the Surveyor General.
53

16 March, 1832

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A note regarding disturbances in the area of Conception Bay.
53

17 March, 1832

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A note transmitting the memorial of some citizens of St. John’s who wish to see aid for the family of the former Surveyor General.
53

19 March, 1832

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A note regarding the transmission of the Blue Book.
53

20 March, 1832

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A note regarding the schools, agreeable to an order of the House of Commons.
53v

21 March, 1832

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A note recalling Michael Fogarty, a convict under sentence of death, and his transportation to England en route to New South Wales
53v

21 April, 1832

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A note on the memorial of Acting Chief Judge Brenton.
53v

30 April, 1832

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A note on the petition of the Mechanical Society for a tract of land.
53v-54

3 May, 1832

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A note transmitting the thanks of the Inhabitants of St. John’s to His Majesty.
54

5 June, 1832

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A note which transmits the observations which accompany the ‘Blue Book’ of 1831
54

7 June, 1832

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A note concerning the level of security given by the High Sheriff.
54

12 June, 1832

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A note involving a letter of Mr. Brown, Chief Magistrate of St. John’s.
54

19 June, 1832

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A note involving issues within the various Ports of the Colony.
54v

22 June, 1832

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A note regarding the leave of absence of Mr. Archibald.
54v

25 June, 1832

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A note transmitting a return of Fees on Commissions as per the House of Common’s order.
54v

5 July, 1832

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A note regarding the Half-yearly return of dispatches.
54v

25 July, 1832

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A note regarding Acting Chief Judge Brenton and his request for compensation.
55

30 July, 1832

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A note on the transmission of accounts and returns ordered by the Treasury
55

2 Aug. 1832

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A note regarding the narrative of Mr. M Gowan on the subject of Settlements to "the Northward"
55

11 Aug. 1832

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A note detailing the measures for preventing an outbreak of Cholera.
55

21 Aug. 1832

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A note detailing a fire which nearly destroyed the Town of Harbour Grace.
55

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A footer noting that the preceding documents are from the period when government was under the direction of Acting Governor R.A Tucker.
55v

10 Aug. 1832

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A note regarding the supposed problematic changes made to the judiciary via the Legislative Assembly and their alterations by the Governor.
55v

20 Sept. 1832

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A note on the matter of the Governor’s arrival and his new commission, along with various proclamations.
55v-56

8 Oct. 1832

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A note regarding the suffering of people in Harbour Grace and their plea to Goderich.
56

9 Oct. 1832

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A note regarding the letter of Gen. P Maitland on the ‘deficient and non-effective’ Governor of the Island.
56

15 Oct. 1832

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A note regarding Tucker’s letter on the alleged duties performed by an unnamed Secretary.
56-56v

16 Oct. 1832

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A note regarding the deployment of reinforcements from Halifax at the local garrison and their apparent deficiency
56v

29 Oct. 1832

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A note on a letter from Tucker on obtaining allowances for Government House during his administration.
56v

20 Nov. 1832

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A note regarding the statements of four individuals on behalf of the Common Poor to Goderich.
56v-57

25 Nov. 1832

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A note on a letter from Judge DeBarres for all allowances of Table money for the circuit of 1826.
57

26 Nov. 1832

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A note discussing the appointment of the Deputy Clerk of Council
57

12 Dec. 1832

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A note regarding the pleas of Mr. Dawson, Chief Magistrate of Harbour Grace for relief from Lord Goderich.
57

31 Dec. 1832

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A note regarding the decision of an appointment for the Deputy Clerk from Col. Secretary.
58-59

26 Jan. 1833

Thomas Cochrane

Viscount Goderich

Complaining to Goderich that duties have been applied unfairly upon his baggage and articles, unlike in other colonies. Insists that the rules governing such things do not apply to him. He states that, due to his standing, such things do not even apply in Great Britain and he is concerned thus. He asks Goderich to rectify this situation.
62

20 Aug. 1832

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Attached: An "Account of Blankets deferred from the Barrack Stores at St. John’s on the 20th of August 1832 to the Civil Authorities for the aid of the Sufferers by the Fire at Harbour Grace". A table gives the number and size of these blankets, as well as their cost overall.
63

28 Dec. 1832

J. Maraby

Colonial Secretary

Attached: This is the initial letter from the Board of Ordnance which authorizes the use of the blankets for the suffering people of Harbour Grace.
64-68

13 Feb. 1833

Thomas Cochrane

Viscount Goderich

This reply from Cochrane discusses the presentation of Lord Goderich’s suggestions to the two portions of the Assembly. He then explains that his appeals to these bodies to give heed to such proposals met with little success.
69

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Attached: A Schedule which lists the names of Colonel William Haly, the Attorney General, the Colonial Secretary and several others.
70-70v

10 Jan. 1833

J. B. Garland

Thomas Cochrane

Attached: This letter describes the events noted previously on the presentation and rejection of Goderich’s suggestions to the House of Assembly.
72-74

14 Feb. 1833

Thomas Cochrane

Viscount Goderich

Cochrane begins by discussing the procedures set out in 1825 by Goderich’s predecessor Lord Bathurst, involving the Chief Judge and others. He then notes the changes which have recently occurred in other colonies with this in mind and how such changes were supported by Council, but not by the Assembly.
75

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The document which lists the current ‘Table of Precedence’ which determines the social and governmental importance of particular levels of governance. This was a part of the issue in the previous letter, as the Council and Cochrane are at the head of the List while the Assembly is one up from the bottom.
76-78v

10 Feb. 1833

Thomas Cochrane

Viscount Goderich

Cochrane discusses his initial concerns that there will be a shortage of potatoes in the colony and the support of the inhabitants for measures to deal with this. However, with some apologies to Goderich, Cochrane mentions that current crop returns in this regard have exceeded expectations, with the result that there was no need to prepare the measures that he had previously put into place.
80-87

various dates from

26 Nov. 1832 -

11 Jan. 1833

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Extracts from the Minutes of the Council of the Colony of Newfoundland. These minutes span all of the relevant period just prior to and after the beginning of 1833.
88-88v.

19 Feb. 1833

Thomas Cochrane

Viscount Goderich

A letter concerning transcripts of two cases which had been before the Supreme Court.
90-91

16 April, 1833

 

R.W. Hay

 
92 - 99

12 March, 1833

Thomas Cochrane

Viscount Goderich

Cochrane expresses his concerns about the conduct and decorum of the House of Assembly. This includes issues relating to a Bill on Expenses. Later, after having the Bill fail to passed through Council, Cochrane expresses his frustration upon learning that the Assembly may yet again attempt to bring forth such a Bill. Cochrane expresses related complaints on this matter and with the Assembly’s manner of going about things.
100-100v

1 May 1833 [??]

N.W.M

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This note discusses the retention of office by R.W. Tucker which is that of Chief Judge of the Colony.
102-105

4 March, 1833

J. B. Garland

Thomas Cochrane

This letter begins by explaining concerns with procedures of the Assembly as well as fears that Council will reject Assembly measures. Council summarizes its feelings towards the aforementioned Bill on Expenses and how they were planning to respond to it.
106-107v

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House of Assembly

Thomas Cochrane

The Legislative Assembly is quite clear about its constant dispute with the Council. This is followed by comments regarding both bodies and their relationship as per the constitution, all tied to another decision of the Council. The letter’s overarching theme is that of disenchantment with the power of the Council in a supposedly more representative system.
109-110v

15 March, 1833

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A series of newspaper clippings from the period of the previous letters. This includes firstly, a Report from the President of Council, R.A Tucker, on his observations regarding recent matters. This is followed by a letter from Tucker to the Editor explaining the overall decision of Council on such matters and related a series of letter from himself to the Governor.
112-119

13 March, 1833

Thomas Cochrane

Viscount Goderich

This letter discusses the rejection of the previously mentioned Bill on Expenses. Cochrane regretfully relates to Goderich his subsequent conversation with Tucker and some regards towards a letter written by Tucker. Cochrane then offers his views on the state of the Judiciary Bar on the Island and on issues regarding Tucker.
120-122v

5 March, 1833

[Copy]

R.A. Tucker

Thomas Cochrane (simply written as ‘The Governor’)

Attached: This letter (as referenced in the previous letter) of Tucker’s communicates that firstly, the Revenue Bill has in fact been rejected by the House of Assembly.

This means that 78 pounds which was also to be spent, would not be so used to the ‘waste of the colony’. A series of pieces of advice then follows. These surround the matter of discord within the two branches of the Assembly.

123

6 March, 1833

[Copy]

J. Crowdy

R.A. Tucker

A simple note which relates to Tucker that Cochrane has received his letter but will not implement the suggestions he put forward at said time.
123v-125

7 March, 1833

[Copy]

R.A. Tucker

Thomas Cochrane

The letter opens with a statement towards a purported leave of absence and its rejection by the Governor. He then asks, bitingly, for a more ‘mature’ consideration of the plan which he made known in his previous letter to the Governor. Tucker then states that he no longer will apply for leave and instead relinquish his official duties, as nothing can keep him in such service. He then requests the use of the Colonial ship Forte to ferry him and his family back to England.
125v

8 March, 1833

[Copy]

J. Crowdy

R.A. Tucker

Crowdy conveys the Governor’s regret of Tucker position and asks him to reconsider his ideas and of his proposed departure.
126-126v

8 March, 1833

[Copy]

R.A. Tucker

Thomas Cochrane

The initial portion of the letter repeats, in brief, the message of Tucker’s previous letter, including his request for passage on the Forte and his statements indicating that he intends to relinquish his post. In closing, Tucker states directly that he was at that time resigning from all duties.
127

9 March, 1833

[Copy]

J. Crowdy

R.A. Tucker

Crowdy conveys the Governor’s reception of Tucker’s letter and the refusal to accept his resignation thus.
127v-128v

11 March, 1833

[Copy]

R.A. Tucker

Thomas Cochrane

Tucker, quite perturbed by previous letters, has now decided to lay his case before the Assembly and, in any case, is leaving the Colony via the Merchant vessel, Mercury, as he deeply wishes to return to England.
130

14 March, 1833

Thomas Cochrane

Viscount Goderich

Cochrane’s letter prefaces a series of addresses to the King on the matter of the rejection of their Revenue Bill by the Council.
132-143

11 March, 1833

Legislative Assembly

The King

The letter opens with the typical praises for the sovereign and for the Colony itself. It next thanks the Sovereign for the granting of the Legislature in the first place. This is followed by reiterations of their ideas towards the Revenue Bill and reforms to the Judiciary. Next, the letter deals with the failure of the potato crop last year, the need thus for more some kind of aid to the local economy and their displeasure with the actions of the Council. They again ask for relief sent to the Colony..
143v-149

[Month and Day obscured] 1833

C.D [??]

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"An Act granting to his Majesty certain duties on all Wines, and on all Brandy, Rum, Gin and other Spiritous Liquors imported into this Island". A table is included of duties to be paid in terms of the particular item as well as their ‘drawback’ being listed alongside the duty fee. The remaining sections set out, in legal terms, how this is to be accomplished and upon what grounds. Side notes provide clarification.
149v-153v

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D.M Archibald

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This amendment to the Act referred to above adds exactly six more clauses to the overall act. This is taken to be an amendment as this follows a signature and closing remarks which ends the first six statutes. Section Seven refers to the presentation of fees to the Solicitor or other authorized collector. Section Eight discussing the seizing of property resulting from said fine and the Governor’s ability to restore it. Section Nine limits the amount of duties collectable up to £10 maximum.
154v-158

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"An Act for the further increase of the Revenue, by imposing a Duty upon Articles imported from Foreign Countries . . ." While this does concern the act previously mentioned, regarding tariffs on alcoholic beverages, it also includes other products such as the importing of agricultural goods, livestock, etc. The remaining section, which is not included here, lays out the means of collection.
158v-160v

11 March 1833.

J. B. Garland

The King

A petition from the House of Assembly to His Majesty, the King on the matter of the Revenue of the Civil Establishment of the Colony and upon the matters concerning the Judiciary System of the Island. The overall sentiment of the petition is similar to others on the matter of Revenue reforms and on the dispute over the Judiciary.
161-162

15 March. 1833

Thomas Cochrane

Viscount Goderich

A letter largely concerning the actions of R.A Tucker, the Chief Judge and former Acting Governor. This leads to a discussion on the nature of the issue, again, and Cochrane’s decision to suspend Tucker from his position as Head of Government within the Council as well.
163-163v

Various dates throughout March, 1833

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Copies of letters sent between Tucker, Cochrane and Crowdy reprinted in a column-style. Overall, these appear similar to other forms of newsprint and were presumably printed in the local paper. Furthermore, these appear to be copies of letters already dealt with, concerning Tucker’s complaints, wish for leave and eventual resignation.
164-164v  

Thomas Cochrane

Viscount Goderich

Cover letter transmitting the memorial of the High Sheriff of the Island and his complaint against Augustus Wallace Desbarres, a Judge of the Supreme Court, who has since moved back to England.
166-168

March 1833.

David Buchan, The High Sheriff

Viscount Goderich

This letter, Sheriff Buchan’s own memorial, opens by describing the level of professionalism shown by Buchan as well as his commitment to follow the normal edicts of the Judicial System of Newfoundland. He then lists the capricious and illegal actions taken by Judge Desbarres against him. This is followed by two pages of defence of Buchan actions, while debasing Desbarres. Then Buchan asks for equity in any proceedings involving him, which he does not feel he has received due to Desbarres. He feels overall that his public image has been tarnished and wishes for his Lord to rebuke the Judge.
170

- [Copy]

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A copy of the eight points which define the role and mandate of the Island’s Sheriff. Equally, this states that he may work on his own judgement in these duties, without needed to confer with the Judges of the Court while beyond Twillingate and Cape La Hume. This means that the Sheriff or his Deputies would set fines and similar things. A table then explains payments of bail bonds and other such things.
172-173v

10 Dec. 1832 [Copy]

David Buchan

R.A. Tucker

Another memorial on behalf of and written by David Buchan, during the period of Tucker’s acting governorship. This memorial praises the skills and dedication of Buchan as a servant of the Crown. He complains here of the character assassination brought upon him by Judge Desbarres, serving then in the Northern Circuit Court of the Island. He then presents a refutation of the claims of the judge and asks for a public opportunity to do so. He also asks that the conduct of Desbarres be looked into with regards to the Sheriff and Desbarres’ actions in the Northern Circuit Court at Harbour Grace.
174-174v

11 June 1832.

J. Crowdy

David Buchan

This letter from Crowdy acknowledges that Tucker has received his letter and notes his service. The letter also notes that there have been some errors made towards Buchan, but that the issues should be brought up under the Supreme Court.
176

10 Dec. 1832 [Copy]

C.M Archibald

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Concerning the ruling in the case of Murphy versus Fox from the Northern Second Circuit Court at Harbour Grace which called on the High Sheriff to explain why he had not refunded the defendant his separate payments of one pound, one shilling and five pound, nine
176-176v

15 Jan. 1832 [Copy]

C.M Archibald

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Describes the ruling of the Supreme Court which overturns the previous ruling and allows the High Sheriff to collect said fees without being harassed in such a manner as was done by the Second Circuit Court.
177

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C.M Archibald

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A note which has been attached to the previous excerpts to certify the veracity of such previous references and the copying of them to the utmost correctness.
178v-179

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"An account of mortgages in which Rules for Foreclosures were served on the Island of Newfoundland from 1831 by the Sheriff in the Northern District" This table lists the plaintiff, the Executors of M. Danson along with the numerous defendants and their places of residence. Next follows a listing of amounts paid and otherwise collected.
180v-181

18 Dec. 1832

Nicholas Watt,

Deputy Sheriff of the Northern District

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"An account of the losses incurred by the Sheriff in the Northern District"; losses because Judge Desbarres refused to allow fees and charges which had been allowed in the past for services preformed and for ordering a refund of certain fees taken by the Deputy Sheriff of the Northern District in 1831 and 1832".A table lists the date of collection, reasoning therein and the specific amounts collected.
182

21 March, 1833

Thomas Cochrane

Viscount Goderich

This letter notes the appointment of Judge Brenton in the place of Tucker since Tucker’s departure for Britain. This is done on the advice of one of Brenton’s peers.
184

23 March, 1833

Thomas Cochrane

Viscount Goderich

A quick note stating that enclosed is the General Return for the Fishery and the General Return for the Exports of the Island.
186

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"The Return of the Fishery and Inhabitants of the Island of Newfoundland, for the Year ending June 30th June 1832" The table includes information on the local, Imperial, and foreign fishing fleets which were active off Newfoundland. This includes detailed information on their crew, passengers and exports. There is also information on the local fishing areas as well as their mortality/birth rates and the prevalence of local religion. A separate table describes the Herring and Seal Fishery.
187-187v

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"The Account of the Goods Exported from the Island of Newfoundland in the year ending June 30th 1832" The data are broken down first by the place which is sending the export, either to British Europe or Foreign Europe and the settlements of the island. The table also describes the exact values of shipping and the specific items of export.
188 - 191

25 March 1832

Thomas Cochrane

Viscount Goderich

Cochrane states that he has received the letter which Goderich had sent him in reply to his concerns surrounding his pay. Cochrane seems dismayed over the rejection by Goderich of Cochrane’s supposed right to an allowance granted to Governors. This continues with an analysis of Cochrane’s former salary and the various circumstances surrounding the allowance.
192-192v

26 March 1833

Thomas Cochrane

Viscount Goderich

[The text in this letter is somewhat faded] Cochrane begins by discussing a representation sent to him by the Acting Paymaster concerning charges made at the post office here on official government mail. He states that during the era of his predecessor Bathurst a similar predicament arose and resulted in ill consequence for the Colony.
194-194v

1 July 1827 [Copy]

Thomas Cochrane

Earl Bathurst

Cochrane informs Bathurst of a complaint from Lieutenant Gardener, Commander of H.M. Gun Brig [name not clear] on charges levied by the Post Master on letters by RN sailors and officers.
196-197v

30 March 1833

Thomas Cochrane

Viscount Howick

[Curiously, within the normal header area of this letter, there is what appears to be a simple mathematical sum, together with the date March 31 1833, the day following the authoring of the letter itself. As well, a note is written over a portion of the letter, in darker ink.] In any case, Cochrane begins by noting that he has received a letter dated the previous October. on the matter of the repayment of debts by one Mr. Billiers; the debts were incurred as a result of a loan of money which had been remitted to him due to the actions of a Mr. Gordon. However, according to Cochrane the debtor has since died. Therein, Cochrane discusses how the matter should be dealt with in light of Billiers’ death.
198v-199

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A table describing the earnings and debts of Mr. Villiers, the Colonial Agent who has recently died.
200-200v

2 April 1833

Thomas Cochrane

Viscount Goderich

The letter begins by discussing an issue regarding the property of the late Alexander Cochrane, the Governor’s late and famed father. This property is in nearby Nova Scotia, where he had hoped to go, on government business at some point, and stay at said property. While the opportunity to travel there in response to some governmental needs has passed, nevertheless he desires leave to visit said area anyway.
202

8 April 1833

Thomas Cochrane

Viscount Goderich

A note regarding transmission of the ‘Blue Books’ for 1832.
204-209v

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"The Report and Observations accompanying The Blue Book for the 1832." This document is intended to precede the Blue Book. It comments upon several aspects of the Colony’s status and governance. Particularly, it notes the appointing of a new Solicitor General, a £2000 drop in overall revenue along with greater expenses, and ‘considerable’ advancements in the area of education. Other areas discussed include the Civil and Ecclesiastical establishments, Commerce and other such areas of importance.
210-212

9 April 1833.

Thomas Cochrane

Viscount Goderich

Once again, Cochrane discusses the failure of the previous Revenue Bill and its immediate consequence, which was the drafting of a second document (which follows this one). Next, he states that he has taken this into consideration, despite the recent ‘embarrassments’ on this subject, and that he is drawing from the Military Chest by way of compensating for the lack of revenue reform. Finally, Cochrane plots out a contingency plan should this fail, and should the Assembly not be able to collect certain revenues for this season.
214-215v

6 April, 1833

[Copy]

The House of Assembly

Thomas Cochrane

This letter from the House of Assembly first comments on the money that was extended to the Colony as a loan to make up for the cost shortfalls incurred by the Civil Establishment. This leads to questioning why the previous Revenue Bill, which might have solved this issue, did not pass. They then state that they could still appeal to the Crown on this matter and thus provide the means for the Colony to repay the current loan.
216-217

6 April, 1833

[Copy]

Thomas Cochrane

The House of Assembly

Cochrane restates that his ‘most serious consideration’ was given At the same time, he states that he understands the difficulties which a limited stream of revenue presents the Assembly. The Governor makes clear however that he does not want to increase expenses for the Colony which have not already been sanctioned. Cochrane states that he respects the intent and motive behind all of this, but asks that any obstructions be removed that had been put in place for the public service.
218

9 April 1833.

Thomas Cochrane

Viscount Goderich

A cover letter stating that Cochrane is now to present a report on ‘The Financial Conditions of the Colony for the year 1832’.
220-220v

10 April 1833

Thomas Cochrane

Viscount Goderich

The letter beings by discussing Mr. H. Emerson, Cochrane’s choice for Solicitor General and a man who was introduced to him by Goderich himself. Yet Emerson has received a letter from Howick which noted that he was ready for the delivery of the payments of the Province’s fees (Cochrane states ‘our fees’). Cochrane then notes that Emerson’s salary was payable to his accounts in Britain, but Emerson did not have anyone in place to receive them. So, until this is sorted out, he wishes to be given an acting appointment to the local Bar in order to generate some income.
222

11 April 1833

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A private note concerning the date (given in the Date column) of R.A Tucker’s departure
223

26 April 1833

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A private note which notes the application for memorandums from the Clerks of the Supreme court.
224

22 April 1833

Thomas Cochrane

Viscount Goderich

Cochrane forwards a letter to Goderich from E.M. Archibald, Clerk of the Supreme Court, concerning the Memorial of Dolly Oats.
226-227

13 April 1833

E.M Archibald

J. Crowdy

Archibald explains that he has received the memorial of Dolly Oats but has asked for more information on this case, which dates back to 1831. He then describes the amount of money that was given to Dolly following the death of Martin Oats, her relative. Archibald then explains that only Dorothy and Catherine, Martin’s sisters, are able to call upon these funds and that this has been confirmed by checking records with Catholic and Protestant clergy.
228

26 April 1833

Thomas Cochrane

Viscount Goderich

Cochrane notes here that the Circuit Courts of the Island are applying for their [??], the fees which have been paid as per his letter of March 30th. However, he fears that similar documents were lost in the mail in 1831 and wishes to remind Goderich of this.
230-231

11 June 1833

[???]

-

This unaddressed letter begins by discussing the state of the Bar of Newfoundland
232-239

7 May 1833

Thomas Cochrane

Viscount Goderich

Cochrane discusses the state of the Bar of the Island and the inconvenience of the departure of R.A Tucker, particularly since he and the Attorney General feel there is no one in the Colony fit to replace him. He then states that he has discussed the appointment with other Judges, who believe that Judge Brenton would be a good fit for the position. Cochrane himself admits to relenting to this position and asks for such an acting appointment, while insisting that his decision was not swayed by the emotion of Brenton’s memorial.
240-245

20 April 1833 [Copy]

E.B. Brenton

Thomas Cochrane

The Memorial of E.B. Brenton is written in quite a different manner compared to other such memorials; it is written without the official pleasantries and in a two column format. Brenton, offers some opinions on the matter at hand and eventually complains that Tucker should have been replaced sooner. Then follows Benton’s arguments to establish himself as the superior choice for this position along with a continued discussion of the legal quandary which Tucker’s abandonment of his post had left everyone, including a series of side notes which pointedly deal with this issue.
246-247

7 May 1833 [Copy]

T.O. Carter

J. Crowdy

A copy of the Letter to which reference was made in the second observation in the primary letter to Goderich. Carter acknowledges the letter which had been sent by Crowdy the day previous on the matter of another letter sent during the previous month. Carter then moves on to discuss, in legal terms, the specific issue of appointing another Chief Judge upon either the death or absence of the current Chief Judge..
248

23 April 1833 [Copy]

J. Crowdy

J. Brenton

Crowdy opens by stating that Cochrane regrets that the current situation is quite open to interpretation but is consistent with the view of public service in spite of this, even as he has been forced to adapt his plans for this matter. This leads to the tentative nomination of Judge Simms. He then states that it is the view of His Majesty’s Government that suggested changes will be made.
249-250v

24 April 1833 [Copy]

E.B. Brenton

Thomas Cochrane

A discussion of the letters which Cochrane has sent to the Assistant Judges and Crowdy to himself. They all concern the matter of appointing Judge Simms as the new Chief Judge. Brenton recalls the ‘adjusting’ of Cochrane’s plans with some distaste and relates that this action is an injustice to Brenton. Brenton explains that he has been hesitant to send Mr. Crowdy his letter of resignation. Rather than resign directly to Cochrane,, he plans to rely on the will of Government in Britain. As such, he asks for Cochrane to transmit this letter and others to Britain and specifically, to Goderich.
252

13 May 1833

Thomas Cochrane

Viscount Goderich

A discussion and granting of three months of absence requested by J. Sherman, Collector of His Majesty’s Customs within the Government.
254-254v

23 May 1833

Thomas Cochrane

Viscount Goderich

A letter discussing the King’s granting of the Seals of the Colonial Department to Goderich. Cochrane assures him that he will not fail to follow his Majesty’s commands. Equally, Cochrane apologizes for his jealous aspirations in this regard.
256-256v

27 May 1833

Thomas Cochrane

E.G. Stanley

Discussing the creation of the offices of Chief Clerk and Registrar of the Supreme Court. This is followed an explanation of fees collected by these officials, as well as their salaries. Cochrane expresses concern surrounding about C.D Archibald, the former Chief Clerk, and his collection of fees. This follows with a plea to reprimand Mr. Archibald for his actions.
258

-

-

-

Attached: "The Statement of Fees received by the Chief Clerk and Registrar of the Supreme Court between the 1st of January to the 25th of August 1831". This comprises a simple table listing registration fees and other debts which need to be accounted for by C.D. Archibald.
260

24 May 1833

E.M Archibald

J. Crowdy

E.M. Archibald has received the previous letter asking for repayment of fees. However, without consulting with C.D. Archibald, he refuses to act.
262

1 July 1833

Thomas Cochrane

E.G. Stanley

A letter introducing the Minutes of Council for the Island ending June 30th 1833.
264

-

-

-

"A List of Members of His Majesty’s Council between 1 January to 30 of June 1833". A table lists the members’ names, role and date of joining the Council.
266

2 July 1833

Thomas Cochrane

E.G. Stanley

A letter prefacing the return of unanswered dispatches reserved between 1st July and 31st December 1832.
268

21 May 1832 [Copy]

-

-

A list of letters that were not considered or acknowledged, beginning with: A note concerning the submission of E.M Archibald in place of C.D. Archibald as Clerk of the Supreme Court.
268

30 May 1832 [Copy]

-

-

A note concerning the appointment of a new Surveyor General.
268

22 June 1832 [Copy]

-

-

A note concerning Judge Tucker’s support of Judge Brenton’s nomination.
268

31 June 1832 [Copy]

-

-

A note concerning the release of a grant for the creation of a building for the Mechanics Society of St. John’s.
268v

20 Aug. 1832 [Copy]

-

-

A note concerning the authorization of Mrs. Blainey to receive [???] for lands selected by her late husband Capt. Blainey, RN.
268v

1 Sept. 1832 [Copy]

-

-

A note acknowledging receipt of the Explanatory Observations on 1831’s Blue Book.
268v

1 Oct. 1832 [Copy]

-

-

A note acknowledging the approbation of the Secretary of State of Mr. McGowan’s conduct and authorizing compensation of Mr. Briar’s Agent.
268v

20 Oct. 1832 [Copy]

-

-

A note regarding the renewal of Mr. Brown’s lease.
268v

21 Oct. 1832 [Copy]

-

-

A note regarding the approval of measures adopted by President Tucker for people in the North of the Colony.
269

26 Oct. 1832 [Copy]

-

-

A note regarding the Governor’s taking control of the Nowal premises.
269

1 Nov. 1832 [Copy]

-

-

A note regarding the Treasury’s decision on Brenton’s request for remuneration upon his having been acting Chief Judge.
270

3 July 1833

Thomas Cochrane

E.G. Stanley

A letter regarding the sending of the old Colonial Seal back to Britain, while Goderich intends to send the new Seal forward to Cochrane soon.
272-272v

18 Oct. 1833

Thomas Cochrane

E.G. Stanley

A letter regarding the appointment of a treasurer to collect the dues for the Colony. The appointed official is a former merchant of the colony, held in high esteem.
274-275

20 Oct. 1833

Thomas Cochrane

E.G. Stanley

This letter references a previously received letter from Stanley, which alludes to an issue regarding Goderich and his interference in how government allowances are collected. This then leads to a discussion on Howick’s plan for this matter, while Cochrane states that he may refund allowances, depending on the circumstance.
276-286v

21 Oct. 1833

Thomas Cochrane

E.G. Stanley

Cochrane begins by acknowledging receipt of a letter by Stanley concerning the fiscal situation of the Colony. In reply to the notions raised therein, Cochrane then begins to explain the funds which are at his disposal. He then maintains that there is no need for immediate sources of revenue for the Legislative Assembly to use. He further maintains that the simplest course of action to solve the apparent impasse on these matters is to appropriate Parliamentary Grants and Custom’s Receipts. The remainder of the letter is devoted to justifications of this idea and his views on the Legislature’s Revenue Bill.
288

22 Oct. 1833

Thomas Cochrane

E.G. Stanley

Transmitting a series of Acts of the local Assembly during its first and second sessions.
290-294v

-

-

-

The "Explanatory Observations on the Acts of the First Session of the Colonial Legislature of Newfoundland". The first act is the Quarantine Act, it is argued that Newfoundland’s trade "would be entirely ruined by the Quarantine detention to which Vessels would be exposed in Foreign Ports should the Cholera make its appearance here." The proposed Act would address this; it is modeled on one passed in Nova Scotia. Then there follows a short commentary on the Gunpowder Act and the St. John’s and Harbour Grace Fur Company Acts. Following this is an Act concerning aid to the town of Harbour Grace due to the fire in the previous year. Following some other minor discussion, most of the discussion concerns the Marriage Act. The writer notes the religious and ‘secular’ traditions of marriage on the island, which were eventually restricted to those performed by clergy. This, however, was not strictly observed on the island. The act is intended to regulate this practice while allowing those outside of Holy Orders, such as other preachers, to perform marriage ceremonies.
296-299

-

-

-

The "Explanatory Observations on the Acts of the Second Session of the Colonial Legislature of Newfoundland". This opens with a brief discussion of the duties imposed by the Revenue Act. Following this is an amendment to the Harbour Grace Street Act. There is also a St. John’s Building Act, drafted in response to the city’s latest fire. Similarly, the Gunpowder Act was drafted out of concern for the threat of fire. Fire prevention legislation was also passed for Harbour Grace.
300

-

-

-

A private note which mentions a letter to the Government of Nova Scotia and another on Justice Tucker and the Government of Nova Scotia.
301-308v

20 Oct. 1833

Thomas Cochrane

E.G. Stanley

A cover letter transmitting a memorial from the Society for the Propagation of the Gospel on the Island. The Memorial itself concerns a reduction in salary received from the Government without any compensation and recommends that the government to keep in mind their role as Missionaries. This reduction in salary and their focus on their role as Missionaries is a response to a legal matter which involved several SPG clergy. Cochrane’s pursuit of justice risks weakening the Island’s education system.
309-311v

-

Petitioning Missionaries

Viscount Goderich

The Memorial of various undersigned Missionaries of the Society for the Propagation of the Gospel in Foreign Parts. This memorial, written both for themselves and on behalf of their co-religionists in Nova Scotia, opens with an affirmation of their adherence to the doctrine of the Church and emphasis on the hardships suffered by those coming to Newfoundland. The memorialists desire pension security for widows and reduced funds for themselves, with equal reference to the legal matters referenced previously..
313-313v

28 June 1811 [Copy]

[???] Downing Street.

[???]

This letter, though extremely faded, is one of the pieces of evidence which was referred to in the initial letter from Cochrane. What can be read does assert their claim to the ability to reduce their funds in such a manner as this.
315-315v

18 June 1812 [Copy]

Earl Bathurst, Downing Street

[???]

Another heavily faded letter, but it certainly written by Lord Bathurst, Foreign Secretary of the period. It makes reference to the previous letter, and appears to be another piece of evidence for the memorialists’ position. However, its exact content is near illegible.
317

1 April 1814 [Copy]

[???]

[???]

An Excerpt from a report by Earl Bathurst on the Missionaries. However, due to textual fading, his exact conclusion is unknown.
319-320

28 Oct. 1833

Thomas Cochrane

E.G. Stanley

A letter regarding Cochrane’s allowance for Captain Paterson, Chief Judge of Labrador, to return to England for eight months.
321-321v

30 Oct. 1833

Thomas Cochrane

E.G. Stanley

A letter from Cochrane regarding allowances given to the Governor of the Island, who at this time is Cochrane himself. He states he would not have mentioned it to Stanley previously until Goderich mentioned that he would not lower the allowance for now, but terminate them as of January 1st. At this point, Cochrane provides reasons for maintaining this practice.
323

31 Oct. 1833

Thomas Cochrane

E.G. Stanley

This near illegible letter references receiving a previous letter from Goderich.
325

29 Oct. 1833

-

-

"The Return to an Order of the Honorable House of Commons dated the 16th of August 1833, so far as the same regards the Office of Archdeacon of the Island of Newfoundland". A table references the Archdeacon, his date of arrival and salary.
327

1 Nov. 1833

Thomas Cochrane

E.G. Stanley

A letter from Treasury Officials which prefaces a statement on the funds distributed to suffering inhabitants over the Winter of 1832-33.
329-330v

4 Nov. 1833

Thomas Cochrane

E.G. Stanley

Cochrane notes that he has received the previous reply from Stanley and requires prompt action be taken, without delay, on the matters brought up within. This text is heavily faded.
331-332v

-

-

-

A letter regarding Mr. Villiers and the payment of £32.4. The text is heavily faded, information taken from index.
333-333v

-

-

-

A dispatch regarding Mr. Villiers. The text is heavily faded, information taken from index.
335

-

John Laidley

-

A table which concerning funds received from Cochrane to John Laidley, the Assistant Commissary General and placed in the Military Chest in St. John’s.
336-337

5 Nov. 1833

Thomas Cochrane

His Majesty’s Council.

A letter to council regarding the appointment of Mr. Garland to a position in government. The text is heavily faded.
338-338v

6 Nov. 1833

Thomas Cochrane

E.G. Stanley

Cochrane acknowledges the receiving of a letter from Stanley on the 1st of July, 1833. Cochrane then discusses his actions upon the July departure of R.A. Tucker and his hopes to accomplish something on finding a way to work around the difficulties caused by not having an active Chief Judge as well as speaking of his hoped appointee (who is not named here).
340-343v

30 Oct. 1833

Thomas Cochrane

R.W. Hay

Cochrane acknowledges receipt of Hay’s previous letter concerning the employment of the Colonial vessel attached to the government of Newfoundland. Some discussion on the matter of an appointment for Mr. Huskisson within the Island’s judiciary. Cochrane then discusses the reasoning for some of the problems for that branch of government and how this appointment would lend credibility back to the system. [letter is very faint and difficult to decipher]
344-344v

19 Nov. 1833

Thomas Cochrane

E.G. Stanley

Cochrane acknowledges the arrival of a letter together with Chief Justice Boulton and his family from Quebec. He then makes quick reference to the fact that some prisoners were sentenced to jail in Harbour Grace because the jail in St. John’s was over-crowded. He mentions a need for reinforcements
346-346v

20 Nov. 1833

Thomas Cochrane

E.G. Stanley

Cochrane here discusses the inadequacies of the ‘Old House’ within the Barrack’s Yard of Fort Townshend. The building had previously been granted for the Governor’s use. He then speaks of the sum granted from Lord Bathurst and subsequent uses of such grants to improve the premises. Cochrane attempts to justify the amount of overall money which he seems to be spending, in high quantity, for such projects.
348

30 Nov. 1833

Thomas Cochrane

E.G. Stanley

A cover letter for the Report on the Fortifications of the Colony from the Royal Engineers.
349-351v

30 Nov. 1833

J. Oldfield

Thomas Cochrane

A "Report upon the present state of the Fortifications of the Island and the Improvements contemplated therein". Fort William has been allowed generally to decay and, according to Oldfield, would easily fall into enemy hands. Similar statements are made concerning the state of some areas of Fort Townshend as well as the general state of the defences on Signal Hill.
354-356v

2 Dec. 1833

Thomas Cochrane

E.G. Stanley

Cochrane begins by discussing the recent issues regarding Judge Brenton, which have led to Brenton’s resignation from the province’s judicial system. He then makes reference to the amount of salary which Brenton had been paid, as well as to the circumstances of Chief Judge Simms appointment.
358

6 Dec. 1833

Thomas Cochrane

E.G. Stanley

Cochrane notes that he has sent a request, through the Colonial Agent, for more stationery. Yet, due to the death of Mr. Williams, he has had to resort to another means of getting this product, thus this letter.
360-360v

11 Dec. 1833

Thomas Cochrane

E.G. Stanley

Cochrane refers here to ‘The Deceased’, who due to text fading is left unknown (it may be Mr. Williams from the previous document). Following some comments on this, he refers to a letter from Goderich on the matters surrounding the death, of which he has provided an excerpt (see below).
361-361v

27 July 1832 [Copy]

Viscount Goderich

Thomas Cochrane

"An Excerpt from Viscount Goderich dispatch to his Excellency Sir Thomas Cochrane, dated July 27th 1832."
364

18 Dec. 1833

-

-

Another private note which regards the appointment of the Private Secretary.
365-365v

-

-

-

A scrawled note regarding the Catholic Clergy in Newfoundland; Gov. Cochrane may try to get Court of Rome [the Vatican?] to interfere.
366-367v

11 July March 183[?]

-

-

This hastily written note recalls the interference of the Roman Catholic Clergy in the election of a Member for St. John’s. It is felt by the author that these actions will have negative consequences upon the ‘happy colony’. The author then condemns again the actions of the clergy as incorrect for behaviour within a British colony.
368

4 March, 1834[?]

-

Hay

A scrawled and cryptic note encouraging communication to the Court of Rome "in a manner perfectly free from all legal Perils"
369-372v

26 Dec. 1833

Thomas Cochrane

E.G. Stanley

Cochrane again discusses the late Colonial Agent and his intention in asking for another official to look over some of his recent finding within the colony (particularly that of Stanley). Cochrane feels that any problems evident are due to the insufficiency of the funds that he currently has at his disposal. Equally, Cochrane complains about the impact that the island’s state of near-universal suffrage has brought upon the island and his own abilities to operate as Governor, while discussing a letter from Archibald Campbell which concerns the issue of gaining reinforcements from Nova Scotia.
373-374

8 Dec. 1833 [Copy]

Archibald Campbell

Thomas Cochrane

Campbell notes receiving a letter from the President of the Government of Nova Scotia on the matter of disturbances caused in the County of Sydney. Due to the violence of these matters, the local militia is largely concerned with containing matters there and shall not be able to provide reinforcements for Newfoundland.
375-376

8 Dec. 1833 [Copy]

Archibald Campbell

Thomas Cochrane

In this second letter, Campbell again addresses the uprising in Nova Scotia and begins to comment on the views of the President and Civil Governor of the area. However, the latter two pages are nearly illegible.
377-379

[???]

Thomas Cochrane

[???]

Due to a high level of fading, much of the context of this letter is lost, however it is clear that Cochrane begins by commenting upon the uprising in Nova Scotia. Cochrane seems to sympathize with their overall plight, while still regarding the issues in his own jurisdiction as top priority.
381

28 Dec. 1833

Thomas Cochrane

E.G. Stanley

This note regards the transmission of a Journal regarding the latest sitting of the Legislative Assembly.
383-397

-

-

-

An Index listing and summarizing all of the letters in this volume.

End of Volume