CO 194/ 86 [Reel B-536]

Page

Date

From whom
(where)

To whom
(where)

Contents or nature of the document

Newfoundland 1833: Vol 2
Public Offices and Miscellaneous

Agent

2-2v

27 Aug. 1833

Robert Wilk

R.W. Hay

Regarding the collection and distribution of the Estimate (£12,861) recently received. The Agent asks for instruction from Secretary Stanley on how the estimate is to be spent.

3-4v

30 Aug. [1833]

[Poorly written; initials may be R.W]

Agent

This hastily written note appears to be the Estimate received by the Agent.

6-6v

31 Aug. 1833

Robert Wilk

R.W. Hay

The Agent has received a bill from Cochrane for use of the Colonial Vessel Forte. The Agent requests permission from Stanley to pay the bill.

Board of Trade

9

9 May 1833

Board of Trade

-

A note regarding the Returns of the Island of Newfoundland sent to Hay.

Mr. Stephen

12-14

16 April 1833

J. Stephen

R.W. Hay

Stephen reports that he has received the Governorís dispatch containing copies of an address to the Governor from the House of Assembly of Newfoundland concerning the Councilís rejection of the Revenue Bill. Stephen describes Tuckerís view of the matter, which is that Parliament reserves the sole right of imposing export and import duties, and that the right must be exclusive in order to prevent colonies from passing legislation contrary to the interests of the Empire. Stephen then refutes Tuckerís argument, claiming that it has never been British policy to interfere in colonial duties and customs legislation.

16-16v

15 July 1833

J. Stephen

R.W. Hay

Stephen addresses the concerns raised by Judge Brenton regarding the Constitution recently presented to Newfoundland. Stephen recommends that Brentonís concerns be rejected, as they contradict the Governorís enforcement of a century-old precedent

18-18v

22 July. 1833

J. Stephen

R.W. Hay

Stephen replies to the Governorís request for his opinion on Brentonís concerns about the placement of the position of judge below that of members of Council in terms of eminence. Stephen agrees with Brentonís claim that such a move could only be made with the new seal of the colony, and that only a judge of equal position could make the change.

Ordnance

21-21v

30 April 1833

A. Byham

J.G Shaw Lefevre

Byham passes along the concerns received by Howick from Cochrane on the fees being charged to the Governor for having one thousand blankets taken out of the Ordnance Store following the fire in Harbour Grace. The Board has decided to cut the total charge in half rather than discard it outright.

23-24

5 Aug. 1833

A. Byham

R.W. Hay

Byham acquaints Hay with a letter that had been sent to him, setting out the boundaries of the property of the Ordnance Department. However, Byham notes that the transfer of property to this Department from the Colonial Government has not occurred. Byham hopes to have this information passed to Stanley, who would then give such information to Cochrane.

25-26v

30 Nov. 1833

A. Byham

R.W. Hay

Byham again references the concerns of the Ordnance Department on the matter of the land transfer from the Government because he has heard more from local representatives of the department on the matter. He recalls that Mr. Templeman put some of these lands near Fort Townshend on sale. Byham again requests that Hay urge Stanley to act on these concerns.

27-31

29 Nov. 1833

-

-

Attached: This heavily excerpted report reviews the creation of Forts William and Townshend as well as of the gardens used by the Ordnance Department. This is followed by a summation of each stage of the current process regarding Ordnance lands from 1830-1833, as well as references to previous decades. The report is supported by citations of other, older documents.

Treasury

34

3 Jan. 1833

J. Steward

Viscount Howick

At the Treasuryís request, Steward asks Howick to forward concerns expressed by Mr. Laidley toViscount Goderich on the matter of allowances to the Governor for light and fuel.

36

1 Oct. 1832 [Copy]

J. Laidley

J. Steward

Attached: A note informing Steward that the allowances to the Governor had been granted.

38

25 Jan. 1833

J. Steward

Viscount Howick

Steward reports to Howick that he has reviewed dispatches from Cochrane and the current President of Council, as well as others, on the matter of the fire at Harbour Grace. He reports that his superiors would like to relieve the inhabitants of Harbour Grace, but that they have no funds available.

40

6 Feb. 1833

J. Steward

Viscount Howick

Steward informs Howick that the Comptroller of the Stationery Office will provide articles, referenced in a previous letter, to the Colony of Newfoundland. He asks Howick to pass this information to Goderich.

42-42v

5 March 1833

[??]

Viscount Howick

A hastily written note from the Council, the Attorney General, and Cochrane which discusses the reaction of the Collector of the Customs to a dispute between himself and Cochrane.

44-44v

14 March 1833

J. Steward

Viscount Howick

Steward transmits Cochraneís decision to apply for fifty pounds from the Treasury for Mr. Danson, the Chief Magistrate of Harbour Grace and a sufferer of the fire in the town.

46-47

19 April 1833

J. Steward

R.W. Hay

Steward reacquaints Hay with the regulations regarding duties and searches of imported goods following a query from Cochrane whether there is a provision in place which exempts governors from such searches and duties in their colony. Steward states that no such exemption exists.

48-48v

21 May 1833

J. Steward

R.W. Hay

Steward transmits the Report of the Commissioners for Indicating the Public Accounts as well as the ledger of Gov. Cochrane. He advises that Cochrane should be allowed to close some of the accounts traditionally given to the Governor, but not to change the period of accounting for this account.

50-51

3 May 1833 [Copy]

Various Petitioners

J. Steward

Attached: The petitioners from the Treasury Department express their agreement with Cochrane being able to close his account, but reach the same conclusion as Steward on the matter of the accounting period.

52-52v

28 March 1833 [Copy]

Thomas Cochrane

J.L. Maller

Cochrane lists the accounts that he wishes to have closed. He follows by presenting his argument for a change in the accounting period.

54

28 May 1833

J. Steward

R.W. Hay

Steward recommends, based on the recommendations of Stanley, to allow Cochrane to pay the salary of Mr. Gwilt, the Estimate Agent of Newfoundland.

56-57

4 June 1833

[??]

R.W. Hay

The author discusses the issue of providing relief in Newfoundland due to the possible failure of the potato crop. He concludes that Stanley must be made aware that the colony can provide for itself and that Cochrane should report on the disbursements already given on this issue.

58-59

13 June 1833

J. Steward

R.W. Hay

Steward states that the Treasury Board has concerns about the matter of the Assemblyís gaining the power to collect revenue in Newfoundland, and about the Governorís collection of duties on produce imported to the Colony. Steward then chastises Cochrane for drawing funds from the Military Chest for civil use.

60

13 June 1833

J. Steward

R.W. Hay

Steward informs Cochrane that the Treasury has granted him the authority to appropriate the sum of £6550 out of the Colonial Revenue.

62

20 June 1833

J. Steward

R.W. Hay

Steward transmits the Report of the Solicitor on appeals regarding John Cuddetry and Luke Ryan.

64

-

-

-

This note refers to Cochraneís letter to the Solicitor of the Treasury and the yet-to-be-held meeting between the Solicitor, the Attorney, and the Solicitor General. However, nothing has been heard on said meeting from others.

66

6 June 1833

Charles Bonshier

Les. Permarch

The author discusses the case surrounding John Cuddetry and Luke Ryan. The author has laid before the Solicitor and Attorney Generals the document prepared by Cochrane and has since prepared petitions of appeal as per their instructions.

68-69

12 Aug. 1833

J. Steward

R.W. Hay

Steward discusses expenses incurred by the Ordnance Department and his sending of this information to Stanley. He suggests that the current expenses of said department be defrayed and for Governor Cochrane to be instructed to reach into the Military Chest to do so.

70-70v

24 July 1833 [Copy]

[??]

J. Steward

The author recalls a report, completed and delivered in 1830, from the Treasury which suggests that a certain amount of the funds now collected for and used by the Ordnance Department be handed over to the Colonial Authorities. This would then also give responsibility for the firing of the ĎFog Gunsí to the Colony rather than remaining in the hands of Ordnance.

72

15 Aug. 1833 [Copy]

J. Steward

R.W. Hay

This letter discusses and prefaces the Report of the Commissioners of Audit on the Accounts received in Newfoundland for 1832. Steward also shows concern about the expenditures of the Governor and the regulation of a new expenditure arrangement through the local Legislature.

74-74v

2 Aug. 1833 [Copy]

The Commissioners of Audit

J. Steward

"The Report of the Commissioners of Audit on the Accounts received in Newfoundland for 1832". The report itself concerns the accounts controlled by Governor Cochrane along with those of R.A. Tucker during the period of Cochraneís absence from the colony in 1832. Of particular concern are the expenditures upon Cochraneís return, not including those to aid the suffers of the fire and other such disasters.

76

18 Sept. 1833

J. Steward

J.G Shaw Lefevre

Steward asks for instructions regarding the application of a sum of £6550 which was requested by the Governor. This would require Mr. Stanley to converse with the Agent over the distribution of the Parliamentary Grant. Also of note is that these instructions have been approved by Stewardís superiors at the Treasury.

78

12 Oct. 1833

J. Steward

R.W. Hay

Steward relates to Hay that the Treasury Board is deliberating over the spending from the Military Chest by Cochrane in the past year. In particular, there is concern about these funds being spent on civil matters.

80-80v

26 Oct. 1833

J. Steward

R.W. Hay

This letter discusses the levying of customs duties within the Colony of Newfoundland, as well as the deviations inside of the Department of Customs. Steward charges Cochrane with the responsibility of ensuring duties are levied as well as the collection of the annual sum of £6550. Steward stresses that the annual sum is not to be put at the disposal of the local legislature.

81-82

18 Oct. 1833 [Copy]

Officials from the Treasury

J. Steward

Steward is to continue to write as he does in the previous letter. The letter discusses the salaries which need to be paid from the sum of £6550, then the issue surrounding this sum in terms of the large issue of customs duties and their collection. Like Steward, the Commissioners feel that Cochrane must take charge on these matters.

84

15 Nov. 1833

J. Steward

R.W. Hay

This letter regards the transmission of a letter from Cochrane which concerns the cause of expenditures in the Relief of the Poor. Steward makes reference to a letter enclosed with prefacing text by Howick on the matter and provides instruction for Stanley.

86-87

11 Dec. 1833

L. Sulivan

R.W. Hay

The author relates that it is the intent of Cochrane to use the entire sum granted to the Colony to defray the charges of the colonial establishment. This use of the Parliamentary Grant, as well as the drawing of funds from the Military Chest, is admonished by the Commissioners

88

31 Dec. 1833

J. Steward

R.W. Hay

A note regarding the depositing of £61.11 into the Military Chest by Cochrane and the need to repay that sum to Mr. Wilder.

War Office

91

24 April 1833

L. Sulivan

R.W. Hay

Sulivan relates that postage costs have been dropped for official letters and the Public Department. What follows is supposed to be the correspondence between the Sec. of War and Gov. Cochrane, but it is not included here.

93-93v

22 May 1833

L. Sulivan

R.W. Hay

Sulivan forwards a request from Capt. Campbell for half pay for holding the position of Sec. to the Lieutenant Governor of the jsland. To advance this request, Sulivan wishes to know if the office of Public Secretary still exists, if it received a fixed salary in addition to the normally-received fees, and if a record of the typical amount of the fees exists.

Misc. Offices

A

97-97v

16 May 1833

E.M Archibald

E.G Stanley

Archibald wishes to fill the position of Attorney General, which has been vacant since the promotion of Chief Judge Simms. Archibald references his wealth of experience in the courts of Nova Scotia and in bureaucratic positions in Newfoundland.

99-102

11 July 1833

C.D. Archibald

E.W. Hay

Archibaldís brother relates information of a sum which should have been collected from Jan. 1st to Aug. 28th 1831. C.D. Archibald then claims he can account for all funds received by him while he was Chief Clerk and Registrar. He then claims that the account cited as being from him and the documents which attest to this are erroneous in nature. He then takes time to explain the perceived truth of the issue and the actual nature of his use of said sum of capital. [On page 99v there is a large amount of over-written text, nearly illegible] After stating his case to exculpate himself from all perceived wrong-doings, Archibald indicates that he is willing to discuss the matter further and directs his accounts on this matter to be handled by his brother (E.M. Archibald).

103

-

-

-

Attached: "Statement of Fees received by the Chief Clerk and Registrar of the Supreme Court between 1 January and 25 August 1831".

B

106

2 March 1833

Capt. William Stanhope Badcock, RN

Viscount Goderich

Badcockís preface to the letter that follows. Badcockís proposal is for relief of the Poor Rates and the employment of the impoverished.

107-108

-

Capt. William Stanhope Badcock, RN

-

Attached: Suggestions for the reduction of the Poor Rates and the employment of thousands of men and women. Badcock suggests that the poor ("surplus population") be encouraged to emigrate to Newfoundland, Prince Edward Island and Cape Breton for the settling of new communities, which he deems more productive than sending them to settle the newer, more distant colonies. Badcock extols the virtues of the land, the abundant resources of the sea, and the many natural harbours of the Atlantic coast. He suggests that the new settlements be organized along military lines, with a captain at the head of each community.

109-109v

11 May 1833

-

-

A note recording Mr. Brookingís appearance before Mr. Hay and their discussion on a matter involving the actions of the Legislature in the Colony of Newfoundland.

111-112v

20 June 1833

H. Boulton

E.G Stanley

Boulton thanks Stanley for receiving his explanation as to why he had been removed from his position as Attorney General of Upper Canada. He was pleased to hear that Stanley had persuaded his superiors to offer him the position of Chief Justice of Newfoundland. He then describes the tragic blows to his family in Canada and his desire to take the position in Newfoundland once travel conditions improve.

113-113v

11 July 1833

H. Boulton

-

This second note regards Boultonís transit from Canada to Newfoundland.

115-116

11 July 1833

H. Boulton

R.W. Hay

Boulton discusses his transit to Canada with Hay as well as his previous letters to him and Stanley. He expresses his apathy towards questions and issues raised by Stanley and then gives a series of suggestions for what he would do if he were to take the position.

117-117v

11 July 1833

H. Boulton

[??]

This note from Boulton begins with an apology on this swift writing and ambiguity of his idea regarding the development of an Act of Parliament which would allow the reserving of bills at His Majestyís pleasure.

119

24 Aug. 1833

J. Burt

(Poole)

R.W. Hay

Burt recalls the slights against him by His Majestyís Government and most particularly, Governor Cochrane. He then questions the Governorís expenditures involving a church and a second sum of £300.

121-122

1 Nov. 1833

Archdeacon Edward Wix, Churchwardens, and Committee (Harbour Grace)

1

This printed document concerns the ĎDestructive Fire At Harbour Graceí which had occurred the year previous. The document explains that the church had been destroyed on several other occasions, including a fire in 1816. The document expresses the will of the town that the church be rebuilt with stone, and that the local economy is in no shape to pay for the expenditure. The document concludes by advertising upcoming efforts to raise the necessary funds.

123

4 Nov. 1833

Lambert Bryand

(Ferryland)

E.G. Stanley

The letter concerns the case of L. Bryand versus Henry Holdsworth. Bryand uses this as an example to demonstrate the way justice is administered by Judge Des Barres.

124

12 Nov. 1833

Lambert Bryand

(Ferryland)

-

Letters by Lambert Bryand that were published in a local newspaper. They provide evidence for Bryandís statements on the conduct of Judge Des Barres. The letters accuse the Judge of coercing Bryand to accept a half-sum of ruled payments for damages simply to end the proceedings.

Judge Brenton

126-131v

12 June 1833

E.B Brenton

Viscount Goderich

Brenton begins this letter by discussing his and Judge Des Barresí role as Assistant Judges in the new Constitutional Government in the Colony and their great satisfaction both with their positions but unhappiness with not having seats upon the Council. Brenton then discusses at length his personal traits and continued pleasure with his position. He then speaks to the reasons for giving the Assistant Judges a greater role and a position in Council.

132-132v

18 March 1833

E.B Brenton

Viscount Goderich

Brenton wonders whether R.A. Tuckerís departure from the colony is permanent. Brenton states why he wishes to gain Tuckerís position of Chief Judge if indeed Tucker has left permanently. Brenton defines his qualifications for the job.

134-135v

26 April 1833

E.B Brenton

Viscount Goderich

Brenton expresses his regret and disappointment regarding the appointment of Chief Judge Simms. Brenton reaffirms his belief that he would be more suited to the job. In a postscript, dated 6 May, Brenton mentions that the formal appointment of the Chief Judge has yet to occur.

136-139

19 April 183

E.B Brenton & William Carter

Thomas Cochrane

Brenton expresses his annoyance that the Judges were not consulted in the least for the "Terms for the holding of the Central and Northern Circuit Courts of this Island". Concerning an Act of King George IV, Brenton maintains that they should be included in such decisions and upon Council, particularly with the islandís lack of a Chief Judge. Brenton finds no precedent for the terms set out and feels that there is no legality behind a Judge presiding in this manner.

140

23 Apr 1833

J. Crowdy

E.B Brenton

Crowdy relates to Brenton that there has been no proposal which has been favourable to the public service which was advisable for the general public and Cochrane himself.

142-144

24 April 1833

E.B Brenton

Thomas Cochrane

Brenton again expresses his displeasure to Cochrane with the appointment of Simms as Chief Judge and sees this as an act of injustice against himself. He then speaks to the Governorís unwillingness to let Brenton be released from his duties. Brenton then decides that all of this must have been done to punish and curtail the influence of the current Judges. Finally, Brenton discusses tendering his resignation.

146-149

18 June 1833

E.B Brenton

Stanley

Brenton complains to Stanley about the situation regarding the exclusion of the Assistant Judges on the Council and the issues of the Terms which have been given to them. Brenton does not seem to be pleased with the responses he received from Howick or Goderich. He then restates much of his case for the inclusion of the Assistant Judges in the decision making process and speaks of the way which such laws are handled in England.

151-151v

19 June 1833

E.B Brenton

E.B Brenton

Brenton speaks once more to the issue surrounding the Assistant Judgeís predicament over the Terms and Council. However, Brenton states that the Kingís instructions can be seen as superseding that of the Great Seal and providing for greater precedence for the Judges.

153-154

19 June 1833

E.B Brenton

Thomas Cochrane

Brenton makes arguments, this time with Cochrane, regarding the issue of judicial rank within the overall governance of the Island. Brenton argues that a new ranking structure is in order.

155-155v

19 June 1833

J. Crowdy

E.B Brenton

Crowdy attempts to make clear that Cochrane feels nothing has changed within the specific case of the Judgesí rank within the Civil Government structure, in spite of Brentonís previous arguments.

C

158-158v

11 Jan. 1833

R.W. Cooke

Viscount Goderich

"The Memorial of Robert Wormwould Cooke" The memorial concerns the initial employment of the memorialistís son, Richard Maguire Cooke as Collector to the Port of St. Lawrence as a result of the approvals of Gov. Cochrane and Collector Brooking. His son was then transferred to the Port of Burin when Mr. W. Gayden died. But his son is now being replaced at Burin despite three years of faithful service. The memorialist asks that his son be given employment again due to his service to the Crown and the difficulties of the size of their family.

160-163

22 Oct. 1833

Fredrick Hamilton Currington

[??]

Currington expresses concern at the adoption by the Colonial Government of an Act of Parliament which would cause the elimination of funding for the Society for the Propagation of the Gospelís operations in St. Johnís and their missionary work. He notes that the costs of maintaining this operation are not as high as perceived, noting the relatively small income which he receives compared to equivalents in Halifax or Quebec. In the middle of the letter, Currington quotes a letter from himself to R.G. Keats from 1813. This letter establishes the precedents for what this group was provided on the Island. Currington next discusses his family line of Bishops and other high ranked positions within the Church. Finally, he makes a last plea to rectify the situation.

D

165

23 July 1833

-

-

A note which references a meeting between Judge Des Barres and Viscount Howick.

167

23 July 1833

A.W. Des Barres

Viscount Howick

Des Barres discusses obtaining leave to go to England, leaving Newfoundland for the time being, and how things have been set in place for his absence. Furthermore, he references an honour or appointment bestowed upon him by Goderich.

169-170v

20 April 1833

A.W. Des Barres

R.W. Hay

Des Barres discusses his disagreement with the assertions of Capt. Brendan, the High Sheriff. This concerns an agreement with established precedent that the Sheriff cannot establish fees or levies for his services. He lambasts the Sheriffís idea of having personal entitlement to such things. Also, Des Barres discusses at length the conflict between himself and the Sheriff over various matters.

171

5 May 1833

A.W. Des Barres

R.W. Hay

Des Barres begins by discussing his pending requests for leave to England. As well, during this discussion he begs leave for half of the endowments of the Department while he is away.

173-173v

27 Nov. 1833

J. Crowdy

A.W. Des Barres

Crowdy begins by commending the merits of Des Barresí work as well as the just nature of his request for leave to England. However, Cochrane feels that if Des Barres were to leave the Island at this time the efficiency of the courts would be hampered. He suggests that Des Barres create alternate arrangements which may be satisfactory to Cochrane.

175

21 Nov. 1833

R.A. Tucker &

E.B Brenton

A.W. Des Barres

Both judges give their support to Des Barresí application for leave to England, while seeming to mull over the consequence of his leaving the Island.

176-176v

1 Dec. 1833

J. Crowdy

A.W. Des Barres

Crowdy discusses the absence of Judge Carter from his duties in Ferryland and his willingness to fill other positions. It is suggested that he fill in place of Des Barres while he is away to England. Allowance to travel is given to Des Barres on condition that Carter fill in and gain part of the endowment requested by Des Barres,.

178

8 May 1833.

A.W. Des Barres

R.W. Hay

Des Barres assures Hay that he will be able to make a swift return to the Island upon completing his business in England. Furthermore, he states that he will create a plan with the remaining judges to negate the perceived effects of his absence. It is at this point that he suggests that another serve as his replacement.

180

28 May 1833

-

-

A note recording Des Barres presentation before Hay and his intent to take leave from Newfoundland.

E

182-182v

13 Jan. 1833

H.A. Emerson

-

Emerson begins by discussing Howickís permission to Cochrane to appoint Emerson as the next Solicitor General of the Island. However, he was unprepared for the duties and levies which were thus placed upon him. Next he speaks of his actual appointment by Cochrane. He then speaks of instructing his Agent to pay particular debts referenced in the previous letter, which is not recorded herein.

184-185

20 Nov. 1833

H.A. Emerson

J. Crowdy

Emerson discusses the numerous letters sent by Cochrane and Howick to himself and vice versa. He then requests that Crowdy forward to Cochrane his desire to be given another term as acting Solicitor General. He also references the fees which had come unprepared for and thus also requests the acting Commission on the grounds of the pay related to the position.

186

29 Nov. 1833

E.M Archibald

-

A note by Archibald which reveals that Emerson was given his Commission as Solicitor General and took his Oath of Office on this date.

188-189

25 March 1833

David Erskine

(Dryburgh Abbey,

Scotland)

Viscount Goderich

Erskine is promoting a "small free settlement" on "Eskameau Inlet" in the belief that the climate and resources there are favourable, and that such a settlement "would be of infinite use to that Colony" [of Newfoundland]. He claims the settlement would be an ideal place to send "seven and forteen [sic] years Convicts."

190-191

28 Dec. 1833

H.A. Emerson

E.G. Stanley

"The Memorial of Hugh Alexander Emerson" The Memorial begins by discussing Emersonís current circumstance. This includes mention of his appointment as acting Solicitor General in the year previous following several shifts in appointments following the resignation of R.A. Tucker. Next, he speaks of assuming the duties of the Attorney General for a time and speaks about his salary during the period as still being equal to that of the Solicitor General alone.

G

193-194

Nov. 14 1833

H. Gahan

E.G. Stanley

This letter opens by discussing the possibility of surveying those involved in the fisheries on the Island. Next, the matter of the authorís savings is referred to and some concerns about the banks in which such funds are held.

H

196-196v

14 Jan. 1833

Ruth Sidney Holbrooke

Viscount Goderich

Mrs. Holbrooke begins by discussing the role of her late husband, a Master of the Royal Navy and the former Surveyor General of Newfoundland. However, with his recent passing, Mrs. Holbrooke begs government for funds to purchase land for herself and her child. This is followed by a discussion of his other relatives and a reflection upon Mr. Holbrookeís character.

198-200v

-

Aaron Hogsell

E.G. Stanley

"The Memorial of Aaron Hogsell, Under Sheriff of the Colony of Newfoundland" The Memorial begins by discussing the role of Hogsell in the British military, particularly as a Clerk for the Naval Victualing Depot on the island of Minorca. Then the letter speaks to his role as Secretaryís Clerk at the Admiralís Office and the Treasury at differing points. However, Hogsell eventually returned to the Secretaryís Office, only for that office to be declared defunct. He was given a position to act as Deputy Naval Officer thanks to to Earl Bathurst. Since this time, Hogsell feels that he has not received recompense due to obstructions placed before him by the Governor and Government. He asks for due regard to be paid to his claims.

M

203-204

25 June 1833

John McGown

E.G Stanley

The letter states that a Mr. John McGown praises Stanley, but begs for his aid with regards to a Ďmost painfully delicate situationí. He does not expand on what this issue is, but states his reluctance in doing so as well as his being asked to contact Stanley by his friends: A. Robinson, J. MacGregor and Mr. Brooking.

205-206v

15 July 1833

Patrick Morris

R.W. Hay

This cover letter notes the enclosure of letters regarding the claims of Mr. Hogsell. Enclosed are his Memorials to Bathurst and Bathurstís subsequent reply. The replies are followed by a recapitulation of the various positions and roles which Hogsell has held within Government over several decades. Morris praises Hogsell for his years of service.

207-208v

25 April 1825 [Copy]

A. Hogsell

Earl Bathurst

"The Memorial of Aaron Hogsell, Deputy Naval Officer at St. Johnís". This first memorial of Hogsellís begins with a brief recounting of his service from 1808 to the current day, both at Minorca and in Newfoundland. Hogsell expresses dismay that his current post will soon be abolished and asks to be appointed to a position of similar pay and merit.

209-210

5 July 1826 [Copy]

A. Hogsell

Earl Bathurst

"The [Second] Memorial of Aaron Hogsell, late Deputy Naval Officer at St. Johnís." This memorial notes the reception of the previous one. Hogsell notes that Bathurst has labeled this a Ďprivate matterí and will not speak on the memorials he has received. Hogsell appeals to Bathurst for reconsideration, citing his various appointments of previous years. Hogsell clarifies that his previous position under Mr. Noble was not made by his own will, but was an appointment, which Hogsell accepted out of a sense of duty. He concludes by requesting that Bathurst consider his years of service and give him a new appointment.

211

20 Dec. 1826 [Copy]

Earl Bathurst

M.A. Clarke

Bathurst acknowledges the receipt of Hogsellís memorial on 26 July. Bathurst declines to offer compensation to Hogsell, but states that he would not object to his nomination to another position should a vacancy arise.

213

2 April 1832 [Copy]

J. Crowdy

A. Hogsell

Crowdy informs Hogsell that he was not chosen to fill the position of Surveyor General as left vacant by the death of Mr. Holbrook. However, Hogsell will be kept in consideration should a suitable position become vacant in the future.

N

215

18 June 1833

Richard Noad

R.W. Hay

Noad requests information about the position of Surveyor General, to which his brother, Joseph Noad, has been appointed. He wishes to relay the mandate of the office to his brother, and to pay any fees associated with the position before the arrival of Joseph Noad at St. Johnís from Cape Breton.

O

218

24 Oct. 1833

Charles OíBrien

-

OíBrien has heard that a sum of money that belonged to his late father was received some time ago by a "mercantile or government house." He requests that the Colonial Books be examined for his fatherís name and that the sum be granted to him, as his fatherís only living representative. OíBrien notes that his father, John, had emigrated from Ireland, was a blacksmith by trade, and died in America.

P

221

23 Nov. 1833

[Ponsonby?]

E.G. Stanley

This letter discusses how the replies to other letters which are enclosed are to be handled.

223-224

31 Nov. 1833

Susan Hogsell

-

Susan Hogsell opens her letter by discussing a meeting between Mr. Hogsell and the letterís unidentified recipient during Hogsellís last stay in London. Equally, she reflects on Hogsellís twenty years of service to the government and His Majesty. She asks for Hogsellís claims to be taken into full consideration and acted upon.

225-226

31 Oct. 1833

Patrick Morris

T.S, Ponsonby

Morris discusses the honors attributed to Ponsonby in a letter by the late Mr. Villiers. He then speaks to his previous support of Mr. Hogsell for a position in Government and his discussions with Stanley on such matters. Morris wishes for Ponsoby to make use of his influence on this matter

227

-

T.S, Ponsonby

-

The Member of Parliament states that he will support Mr. Hogsell.

228-229

23 Aug. 1833

A. Hogsell

T.S, Ponsonby

Hogsell implores Ponsonby to forward his requests and claims to higher levels within His Majestyís Government. Hogsell recapitulates his twenty years of service for His Majesty and references letters already sent, including one to Howick.

230-231

-

-

-

A note discussing Bathurstís appointment of Hogsell in 1826 and a discussion of his merits. Suggestions are made for a new role for Mr. Hogsell.

R

233-233v

30 Jan. 1833

A.B. Garland

Viscount Howick

Upon the death of the Agent for Newfoundland, Cochrane placed £5710.1 with the Treasury, who have in turn asked for instructions from the Colonial Office on what to do with these assets of the former Agent.

235-235v

22 July 1833

G.M. Robinson

-

This document is extremely difficult to decipher. The author appears to be concerned with the welfare of B. Robinson and is likely inquiring about an opportunity for this person to gain the situation of Sheriff within the colony.

237-238

27 July 1833

Bryan Robinson

R.W. Hay

The author of this letter refers to an Act of the Imperial Parliament on the matter of the Civil Court Jurisdiction of the Coast of Labrador. The author feels that the jurisdiction should be given to those who are already familiar with the laws of the area as opposed to those who have no bond to the area or their courts. The author then asks Hay if such a scheme, in which the area would be placed under a more local court district, would be workable.

239-240

1 Aug. 1833

-

-

This letter recalls the presentation of Bryan Robinson on the matter of the Coast of Labrador being placed under Newfoundlandís judicial jurisdiction and thus questioning a report which had been sent to the Island. The letter also speaks of appointing a Judge and Chief Magistrate of the area. It then references Robinsonís departure for Ireland and the subsequent apologies to Hay and others.

241-242

13 Sept. 1833

Bryan Robinson

R.W. Hay

Robinson continues to argue for a Court within Labrador. He recalls being informed that no report has yet reached the Secretary of State, and thus no changes were to be made. As Sheriff of the Coast of Labrador, he argues that he has enough experience to understand such matters and has come to England to make his case. However, Robinson notes that he must return to Newfoundland before the winter sets in and complicates passage.

S

244-255

7 July 1833

John Stark

R.W. Hay

The author informs Hay that the committee appointed for the relief of Harbour Grace in the aftermath of the fire have finally concluded. The Conception Bay fishery has been particularly bountiful thus far, but that there has been an issue regarding low prices being paid for a cargo of fish sold in Portugal. The author also mentions that a potato crop planted at Harbour Grace, while small, should meet expectations.

246

26 June 1833

T. Danson & J. Buckingham

-

Attached: A notice from the Harbour Grace court house regarding the "Act for the more speedy abatement of Nuisances." The act details regulations for the disposal of garbage or "other offensive matter" in Harbour Grace, Carbonear, and the surrounding areas. The regulations describe the duties of individuals contracted to remove garbage, the responsibility of citizens to remove their own garbage in absence of a contracted person, and the consequences of breaking the regulations.

246v-247

5 July, 1833

John Stark & The

Committee

-

Attached: A notice containing an account of disbursements made by the Committee to those affected by the fire at Harbour Grace.

248-248v

28 July, 1833

T. Stokes

R.W. Hay

This faint, nearly-illegible letter appears to be directed to Stanley and deals with an indecipherable issue, possibly regarding officers holding property in the North American colonies and the request of an appointment.

250-251

28 July, 1833

T. Stokes

E.G. Stanley

"The Memorial of Thomas Stokes, a parson in His Majestyís Navy": Stokes qualifies his request for an appointment with mention of his eight yearsí experience in the Royal Navy as a parson and agent of victualling. He recounts the highs and lows of his career under Admirals Pickman and Hamilton. Given the poor quality of the script, it is difficult to be precise about the details of this letter, although there is mention of a debt, a request for an advance of £15, and the loss of a property at St. Johnís in the fire of June, 1825.

252-252v

29 April, 1827

[Leslay P.?]

-

A letter to an unidentified individual about that individualís request that the author exert his influence in order to secure the position of Secretary of the Colony of Newfoundland for the individual. The author notes that he would have been glad to do so, but that the only person with influence over the appointment is Mr. Horton, with whom the author has no connection.

254-255v

25 Nov. 1833

T. Stokes

E.G. Stanley

The author airs grievances regarding the governing of the island of Newfoundland. He goes on to relate that much of his family is from Newfoundland, and that there needs to be more representation in the government from those who were born or grew up in the colony. Toward the end of the document, the author appears to be appealing to Stanley for an appointment to a government position.

T

257-257v

14 March, 1833

R.A. Tucker

Viscount Goderich

Tucker informs Goderich that he has enclosed a copy of his letter to Cochrane in which he discusses his impending departure for England. Tucker requests that Goderich hold his judgment on the issue until he has had a chance to explain his position.

259-261v

5 March 1833

R.A. Tucker

Gov. Cochrane

Attached: An earlier letter from Tucker to Cochrane. Tucker begins by outlining two recent Legislative eventsĖthe rejection of the Revenue Bill, and the realization that the colonyís needs exceed its revenue. Tucker concludes that he cannot support the Revenue Bill, but offers suggestions to ease the difficulties associated with its failure. He suggests that a ten-day prorogation of the Legislature be put in place, after which he could take a leave of absence to return to England aboard the colonial vessel Forte. Tucker then suggests that the Revenue Bill be reintroduced, as he would not be present to oppose it, thereby leaving the Attorney General as the only serious opposition. Tucker notes that the bill, though incompatible with his judicial principles, is necessary for the welfare of the colony.

261v-262

6 March 1833

James Crowdy

R.A. Tucker

Crowdy informs Tucker of Cochraneís receipt and consideration of his letter, but that the proposition has ultimately been refused.

262-263v

7 March 1833

R.A. Tucker

Gov. Cochrane

Attached: Tucker expresses his disappointment at the rejection of his proposal and claims that he only desires what would benefit the colony. Tucker claims that if he were to remain, he would have no choice but to oppose the bill. To avoid that predicament, Tucker resigns his position and requests that he be returned to England, with his family, aboard the Forte.

263v-264

8 March 1833

James Crowdy

R.A. Tucker

Attached: Crowdy relays to Tucker that Cochraneís position regarding his request for leave remains unchanged.

264-264v

8 March 1833

R.A. Tucker

Gov. Cochrane

Attached: Tucker informs Cochrane that he has booked passage to London aboard the merchant ship "Mercury" and that he will give the Seal of the Supreme Court to Judge Brenton, who will return it to the Governorís office. Tucker accepts the consequences of his actions, but claims any damage caused by the loss of the Revenue Bill will be Cochraneís sole responsibility.

267-268v

18 April 1833

R.A. Tucker

E.G. Stanley

Tucker requests an audience with Stanley to explain the motives behind his departure from Newfoundland. Tucker states that he will call on the Colonial Office at noon the next Saturday and that in the meantime he has enclosed a copy of his speech to the Council Chamber as a means of illuminating his opposition to the Revenue Bill.

269

19 April 1833

-

-

Attached: This hastily-written document appears to be a note regarding the copy of Tuckerís speech indicating that no substantial discrepancy has been found between Tuckerís copy and the original.

271-288

-

-

-

Attached: This lengthy document is the manuscript of Tuckerís speech to the Council Chamber, dated 26 February 1833. A great deal of text has been written into the margins of this document and much of it is illegible. Tucker outlines his opposition to the Revenue Bill. He begins by noting that he would like to support the bill, but that his judicial opinions prevent him. Tucker then outlines several previous cases over which he presided in order to demonstrate the objectivity of his judgements and his effectiveness in dealing with difficult cases. Some of the cases and goes on to recount his opposition to the attempted merging of the Council and the House of Assembly. He then discusses his view that the Imperial Parliament reserves the authority to enact duties, and that the Colonial Parliament may not alter or reduce those duties once they have been established. Tuckerís primary objection to the Revenue Bill, then, is that it defies the Imperial Parliamentís sole right to direct the commercial policy of its colony. He goes on to suggest that the colony must look to the Mother Country for assistance

289-290v

-

-

-

Attached: This document appears to contain notes on the legislation cited by Tucker in his speech. Much of it is difficult to decipher.

291

-

-

-

Attached: This document is a newspaper account of the debate in the Legislature over the Revenue Bill and of Tuckerís speech. Much of the newsprint is dark or blotched, and is difficult to read.

292-292v

-

-

-

Attached: A printed version of the contents of Tuckerís speech of 26 February to the Legislature.

294

9 January 1833

-

-

Attached: An extract from the proceedings of the Newfoundland Legislative Council. It is recorded that the President moved for leave to act on a suggestion of Viscount Goderichís regarding the Council and House of Assembly.

295-295v

1 May, 1833

R.A. Tucker

R.W. Hay

Tucker brings up the issue of the non-payment of his salary for the present year with Hay. Tucker requests that his salary for the period from January 1st 1833 to the end of his tenure as Chief Judge be paid to him.

297

1 May, 1833

R.A. Tucker

-

A document signed by Tucker giving his word that only a portion of the salary due to him has been paid.

298

3 May 1833

R.A. Tucker

-

Another signed document in which Tucker attests that he departed St. Johnís on 20 March and that his salary remains unpaid.

300

9 May 1833

R.A. Tucker

R.W. Hay

Tucker reminds Hay of the issue of his salary, which, despite verbal and written efforts on Tuckerís part, has remained unpaid.

302-311v

4 July 1833

R.A. Tucker

E.G. Stanley

Tucker claims that Hay has not made Stanley fully aware of the circumstances of his position or of his reasons for requesting an audience with Stanley. He then relates a detailed account of his situation. Tucker claims that his opposition to the Revenue Bill was earnest, and that he was unaware of a long-standing precedent by which the Imperial Parliament would not oppose such bills in the colonies. He goes on to relate Hayís "frigidity of manner" regarding his requests to be set up in a temporary position as Deputy Paymaster General to the Forces, for the purpose of raising money before his departure for Canada. Tucker regrets that circumstances prevent him from explaining the state of affairs in Newfoundland to Stanley in person, but blames Cochraneís love of power and selfishness for the poor state of the colony. Tucker attacks Cochraneís character and claims that he has been deceitful in his dispatches. This portrayal of Cochrane is contrasted with the judicious temper with which Tucker claims to have behaved. The letter ends with Tucker exonerating Stanley from any purposeful wrong-doing while claiming that he was perhaps too quick in forming a negative opinion on the matter.

312-313v

17 July 1833

R.A. Tucker

E.G. Stanley

Tucker informs Stanley that he his return to Newfoundland has been delayed due to the illness of the vesselís captain, and that he has spent some of his time compiling a statement of some of the expenses charged to the public of the colony by Cochrane. Tucker requests that Stanley make his own estimation of Cochraneís character based on the enclosed figures.

314-318

-

R.A. Tucker

-

Attached: The statement of expenses made under Cochraneís tenure as Governor of Newfoundland from his appointment in 1825 to return from leave to England in October 1831. Tucker figures that Cochrane has cost the public £63,000. He claims that the figure would be much higher, but that his source does not include expenditures such as the construction of a road to Cochraneís summer residence or the commissioning of a man-of-war to transport Cochrane to England. Tucker ends the statement by reminding Stanley of the purity of his motives. [Note: Much of the writing in the margins of this document is too hastily-written to read.]

320-321v

30 Oct. 1833

R.A. Tucker

E.G. Stanley

Tucker informs Stanley that he has enclosed documents from residents of Newfoundland supporting his character and integrity. He notes that he is to set sail for Newfoundland on the day of his writing this letter, and that he has yet to hear from Cochrane, who is currently in Halifax, about the issue of his unpaid salary. Tucker closes by requesting that Stanley withhold his judgement until he can be fully informed of his motives.

322-322v

26 Nov. 1833

-

R.A. Tucker

Attached: This hastily-written document, of unidentified authorship, appears to mention a case in Newfoundland in which Tucker was involved.

323

-

-

-

Attached: "An Address From the Benevolent Irish Society of St. Johnís": A typed document containing the eponymous address to Tucker, on the occasion of his leaving the colony, as well as Tuckerís response to the address. The Society claims that Tucker is, among other things, a "zealous friend and munificent benefactor."

324-324v

17 Oct. 1833

-

-

Attached: "Report of the St. Johnís Charity School Society": This document is a typed report of the anniversary meeting of the Society, of which Tucker was Vice President. Within the report is a resolution thanking Tucker for his service with the Society and his contributions to the lives of the widows and orphans of St. Johnís.

325-325v

29 Oct. 1833

The Inhabitants of St. Johnís & The St. Johnís Mechanicsí Society

-

Attached: A newspaper record of two addresses to Tucker, and his subsequent replies. The first address is by the Inhabitants of St. Johnís, who credit Tucker with bringing order to the chaotic state of legal affairs in Newfoundland and with enriching the lives of its citizens. Tucker accepts the praise and claims to have acted selflessly in the interests of the people. The second address is by the St. Johnís Mechanicsí Society, which thanks Tucker for his "transcendent virtues," his equal treatment of all social classes, and for his service as the Vice Patron of the Society. Tucker accepts the address and wishes happiness for the members of the Society. The papers note that Tucker sailed with his family to New York on 28 October.

326-330v

29-31 Oct. 1833

various

-

Attached: Accounts from several newspapers of addresses made by various organizations and societies to Tucker, thanking him for the quality of his service and wishing him luck in his departure. Tuckerís acceptance replies to the addresses are also included. Various addresses from the following groups and societies are included: the inhabitants of Harbour Grace, the St. Johnís Mechanicsí Society (repeated from previous document), the Association of Fishermen and Shoremen, and the inhabitants of St. Johnís.

332-333

25 Nov. 1833

[E. G. Stanley?]

[R.A. Tucker?]

A note by an unidentified author which mentions the receipt of papers which qualify Tuckerís assertions of the high regard with which he was held by the public during his service as Chief Justice. The note states that Tucker has misinterpreted the feelings of Secretary Stanley regarding his case and that the Secretary would not allow a distinguished servant to suffer injustice. The document closes with a statement regarding Tuckerís recommendation of his brother for public employment, noting that Tucker is not to use his influence for the advancement of his family.

Index

334-342

-

-

-

The index of correspondences for this volume

End of Volume