CO 194/91 [Reel B538]

Page

Date

From Whom (Where)

To Whom (Where)

Contents of Document

Newfoundland 1835: Vol. 2 July to December

Governor Prescott: No. 36 to 64

2-2v

1 Jul 1835

H. Prescott

Glenelg

Informs Glenelg that he has received a petition with nearly five hundred signatures urging for Parsons= release. States that he declined their demands on the grounds that it is not his prerogative to interfere in judicial matters. Notes that most of the signers are lower class labourers and servants.

3-4

-

Glenelg

H. Prescott

Affirms Prescott= s decision not to interfere with Boulton= s decision but advises that he could have consulted the other justices in Boulton= s absence, as Parsons= imprisonment would be concluded by the time of Boulton= s return and an appeal would serve no purpose.

6-9

-

The Undersigned Inhabitants of St. John= s

H. Prescott

A The Humble Memorial of the Undersigned Inhabitants of St. John= s.@ The memorialists demand that Parsons= sentence be mitigated and complain of the extraordinary zeal with which his conviction was pursued.

9v

1 Jul 1835

J. Crowdy

P. Morris

Informs Morris that the Governor does not intend to comply with the Parsons petition.

10-10 v

6 Aug 1835

H. Prescott

Glenelg

Forwards the acts of the last session of the Legislature and his commentary on several of those acts.

11-12

-

Glenelg

H. Prescott

Comments on several of the acts and again mentions the issue of the Legislature= s styling itself a A Colonial Parliament.@ Informs Prescott that he will transmit an Order of the King to confirm the acts.

14-15

8 Aug 1835

H. Prescott

Glenelg

Asks for clarification as to what he should do if, in future, a bill passed that extended the number of districts to coasts currently outside of government jurisdiction, such as George= s Bay or the Bay of Islands.

16-17

-

Glenelg

H. Prescott

States that Prescott= s request is unanswerable, since any bill creating electoral districts on the western coasts would be in violation of the Treaty of Versailles of 1783 (French Shore revision) Reminds Prescott that as Governor, he would not be able to assent to the passage of any such law in the first place.

18-19

13 Aug 1835

H. Prescott

Glenelg

Informs Glenelg of an incident in which a vessel was refused a clean Bill of Health to depart from St. John= s for Oporto because of a smallpox outbreak in the latter location. Describes his subsequent meetings with the Council and the issuing of a Bill for the ship. Requests instruction on the circumstances under which Bills of Health may be awarded for future reference.

20

-

-

-

Attached: A copy of a template Bill of Health.

21-21v

18 Aug 1835

H. Prescott

Glenelg

Relates the Council= s belief that they to comprise four members, where the King= s charter declares the Council should be the Speaker and four other individuals. States that he will rectify the misapprehension at the next meeting of the Council.

23-23v

19 Aug 1835

H. Prescott

Glenelg

Notes the receipt of Glenelg= s dispatch and the enclosed letter from Lord Fitzroy Somerset to R.W. Hay regarding garrison reinforcements en route to Newfoundland. States that although those men have arrived, the colony is still short about fifty sergeants and privates.

24

-

Glenelg

H. Prescott

Informs Prescott that Somerset has completed an assessment of the Newfoundland Garrison and has decided that it is to be kept at full strength.

25

-

-

-

Attached: Somerset= s assessment of the garrison.

29-30v

3 Sep 1835

H. Prescott

Glenelg

Testifies to the character and merits of David Buchan, the resigning sheriff, and informs Glenelg that he has issued a commission for his replacement by A. Hogsell, pending Glenelg= s approval.

31-32

27 Aug 1835

David Buchan

J. Crowdy

Attached: Informs Crowdy that he intends to retire from the colony, in part due to reductions in his salary, and that he will be pleased to transfer all official documents to his successor.

33

7 Sep 1835

H. Prescott

Glenelg

Transmits the memorial of E.M. Archibald, the clerk of the Supreme and Central Circuit Courts.

35-37

7 Sep 1835

E.M. Archibald

Glenelg

Attached: Archibald= s memorial, in which he complains of a reduction of his salary from , 400 to , 300. while at the same time being compelled to perform the duties of an additional office. Requests the intervention of the Colonial Office.

38-39v

17 Sep 1835

H. Prescott

Glenelg

Notes the passage of an act permitting the issuance of Treasury notes in the colony. Encloses his remarks to Spring Rice on the legislation. Discusses the phasing out of colonial paper currency within the year.

40-41

18 Sep 1835

H. Prescott

Glenelg

Informs Glenelg that the allowances owed to the Attorney General have been paid from the Rent Fund, but that in future he would like to avoid drawing on the fund so as to avoid inconvenience.

42-42v

18 Sep 1835

H. Prescott

Glenelg

Relates the death of Col. Haly, the man charged to serve as Governor in the event of Prescott= s death. Claims that there are no individuals in the colony whom he feels comfortable recommending as his replacement.

44-44v

28 Sep 1835

H. Prescott

Glenelg

Encloses the Sheriff= s report on the A lunatics@ being held in the colonial jails and requests that they be admitted to an asylum in England.

45

-

Glenelg

H. Prescott

Encloses a letter from the Undersecretary of State of the Home Department explaining why the aforementioned individuals cannot be transported to English asylums.

46

26 Sep 1835

-

-

Attached: The Sheriff= s report.

49-50

1 Oct 1835

H. Prescott

Glenelg

Conveys judicial news to Glenelg. Notes that Des Barres has returned, was acquitted by the Supreme Court, and will proceed to the Southern Circuit Court, that Brenton=s ill health prevents his return from England, and that Lilley will take his place on the Northern Circuit Court.

51-51v

-

Glenelg

H. Prescott

Acknowledges Prescott= s letter of 1 Oct 1835 and his assent to his actions regarding Des Barres.

53-54

5 Oct 1835

H. Prescott

Glenelg

Transmits a memorial from Lilly requesting the payment of a salary due to him. Also transmits his reply to Lilly and a copy of his initial appointment by Cochrane. Expresses his frustration at the A disingenuous manner@ of the memorial.

55-55v

-

Glenelg

H. Prescott

Replies to Prescott= s transmission above and agrees with his refusal to accept Lilly= s claim.

57-58

29 Sep 1835

G. Lilly

H. Prescott

Attached: A The Memorial of George Lilly, Acting Assistant Judge of the Supreme Court.@ Requests payment for filling the position of Assistant Judge during Des Barres= absence.

59-61v

3 Oct 1835

J. Crowdy

G. Lilly

Attached: Informs Lilly that his memorial has been refused on the grounds that his appointment, by Cochrane, was temporary, and was terminated by Prescott in Dec of 1834.

63-64

20 Sep 1834

J. Crowdy

G. Lilly

Attached: A copy of Cochrane= s temporary appointment of Lilly to Des Barres= position.

65-66v

9 Dec 1834

J. Crowdy

G. Lilly

Attached: A copy of Prescott= s termination of Lilly= s appointment.

67

8 Oct 1835

H. Prescott

-

A letter of introduction for Crowdy, who has been granted a leave of absence to go to England. The recipient of the letter may find Crowdy a useful source of information about Nfld; A he is not of our way of thinking in politics but he is a strictly honest man; and quite incapable of saying what he does not believe to be true.@

69

10 Oct 1835

H. Prescott

Glenelg

States that he has given Secretary Crowdy six months leave to attend to personal affairs in England.

71-72

15 Oct 1835

H. Prescott

Glenelg

Transmits copies of various acts passed by the Commercial Society, as well as supporting documents and commentary.

73-73v

30 Dec 1835

Glenelg

H. Prescott

Notes the receipt of the Commercial Society documents regarding the removal of the military from the town of St. John= s to Signal Hill. Forwards a letter addressed to his undersecretary.

75-75v

5 Oct 1835

C. Bennett & the Commercial Society

H. Prescott

Attached: The Society= s letter to Prescott forwarding copies of several unanimously passed resolutions.

76-77v

-

The Commercial Society

-

Attached: The aforementioned resolutions, including several urging that the military not be removed from Forts Townshend and William to Signal Hill as contemplated.

79-80

-

-

-

Attached: A document appended to John Oldfield= s report to the Board of Ordnance. Among other issues, the document conveys Prescott= s desire that the military should not entirely abandon the forts in the immediate vicinity of St. John= s.

81-81v

16 Oct

H. Prescott

Glenelg

States that he has transmitted Glenelg= s reply to Parsons, who has paid a fine of fifty pounds and will be released.

83-85v

2 Nov 1835

H. Prescott

Glenelg

Discusses various outstanding salary and pension details. Encloses a statement of Broom=s and Shipard=s service records and advocates on their behalf.

87

-

-

-

Attached: Prescott= s statement on the age, health, and service records of Broom and Shipard.

88-88v

30 Oct 1835

J. Templeman (Acting Secretary)

Cunard

Attached: Inquires about the status of the Colonial Vessel Maria. Informs Cunard that the Governor will pay the hire of the vessel for the half year.

90-91v

7 Nov 1835

H. Prescott

Glenelg

States that he has reviewed various documents from Tucker, Cochrane, Goderich, Capt. Buchan, and Colonial Secretary of State Huskisson (1828) regarding a petition forwarded to the Colonial Office the previous June.

92-95v

23 Jan 1836

T. C.M.

-

A very darkly printed document discussing the petition against Judge Boulton, which asserted various breaches of the Royal Charter, and an allegation against Capt. Buchan.

95v-96v

29 Jan 1836

-

-

Another document discussing the legal obligations of Capt. Buchan= s appointment as High Sheriff.

98-98v

6 Nov 1835

E.M. Archibald

J. Templeman

Replies to a request for documents mentioned in an extract from the petition of the inhabitants of St. John= s. Forwards two recognizances to which Buchan complied upon being appointed High Sheriff.

99

-

-

-

Attached: A document signed by Crowdy recognizing the appointment of David Buchan to the situation of Sheriff of Newfoundland.

100-101v

-

D. Buchan, T. Brooking, J. Broom

-

Attached: A court document noting the appointment of various judicial officers, including Buchan.

102-103v

-

D. Buchan (witnessed by G.W. Bastead)

-

Attached: Another document noting Buchan= s appointment to a judicial office.

101-101v

12 Nov 1835

H. Prescott

Glenelg

Complies with Glenelg=s request and transmits a return of pensions and allowances.

106-107

-

-

-

Attached: The return of pensions and allowances, both of which are marked A Nil.@

108-110v

27 Nov 1835

H. Prescott

Glenelg

Forwards a copy of the memorial of Aaron Hogsell, whose position as Deputy Sheriff is being abolished. Discusses Garrett= s apparent appointment to the position of Sheriff while on leave in England, despite Prescott= s preference of Hogsell for the situation. Admonishes Garrett for placing his own interests above those of the colony.

112-115v

-

A. Hogsell

H. Prescott

Attached: A The Memorial of Aaron Hogsell.@ Details Hogsell= s long career in service of the government and his various qualifications. Requests that he be permitted to keep his present position, as his situation would be A extremely hard@ otherwise.

116-117

-

The Merchants of St. John= s

-

Attached: A petition from the mercantile community of St. John= s outlining the Hogsell= s record of public service and advocating for his appointment to the office of Sheriff.

118-124v

28 Nov 1835

H. Prescott

Glenelg

Forwards a letter from the Archdeacon accusing Prescott of entertaining A mischievous stirrers up of sedition@ at his table. Proceeds to refute the Archdeacon= s claims.

126-127

20 Dec 1835

Glenelg

H. Prescott

Acknowledges the previous letter, stating that he sees no wrong in Prescott= s action but that such matters hardly constitute grounds for such a lengthy dispatch.

128-133v

25 Nov 1835

E. Wix, the Archbishop

J. Templeman

Attached: Wix= s letter to the Governor= s office explaining his reasoning for refusing the invitation to meet at the Governor= s house.

134-134v

25 Nov 1835

J. Templeman

E. Wix

Expresses the Governor=s disapproval of the tenor of Wix= s communication and notes that it has been forwarded to the Colonial Office.

135-138

26 Nov 1835

E. Wix

J. Templeman

Notes that since he is being required to defend himself, he would like a copy of Bishop Fleming= s letter to Cochrane, in which Fleming refused to dine at the Governor= s house on similar grounds as his own.

138v-139

26 Nov 1835

J. Templeman

E. Wix

Claims that no letter from Fleming to Cochrane can be found in the Governor= s office.

140-140v

30 Nov 1835

H. Prescott

Glenelg

Transmits a letter from Bishop Fleming.

142-144

31 Dec 1835

Glenelg

H. Prescott

Approbates Prescott= s reply to Fleming= s letter. Discusses the memorial of McClean Little, the assault on Winton, and the influence of the Roman Catholic Church in Newfoundland.

146-146v

28 Nov 1835

M.A. Fleming, Bishop

H. Prescott

Requests copies of Little= s memorial and of communications to the Colonial Office regarding Winton so he may refute any charges against the Catholic priesthood.

147-150

30 Nov 1835

J. Templeman

M.A. Fleming

Informs Fleming that the Governor= s dispatches to the Colonial Office are for the Secretary of State to judge. Notes that it is the Governor= s duty to transmit memorials, regardless of their contents, and that, to his knowledge, the Secretary of State has not seen fit to recommend criminal charges against anyone in the priesthood.

152-152v

30 Nov 1835

H. Prescott

Glenelg

Transmits the minutes of the Council for the half year, as well as a return of its members.

154

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-

-

Attached: The return of the members of Council.

156-158v

1 Dec 1835

H. Prescott

Glenelg

Forwards a letter from Archdeacon Wix and clarifies his reasons for commenting at length on Wix= s previous communications.

160-166v

30 Nov 1835

E. Wix

Glenelg

Attached: Wix= s letter to Glenelg, which is difficult to decipher on account of the scrawled writing and the darkness of the copy. Wix appears to reply to the comments made by Prescott in his addresses to Glenelg regarding his refusal of the Governor= s invitation.

168-168v

-

W. Carson

-

A column extracted from The Patriot containing an address to Chief Justice Boulton. The address praises the petitioning efforts of the Constitutional Society and condemns Boulton for his A illegal, highly unconstitutional, and dangerously inquisitorial judicial proceedings@ against R. Parsons, the publisher of The Patriot.@

169

-

W. Carson

-

Another column from The Patriot. The ink on this copy appears to have blotted somewhat, making it difficult to read. It appears to be an examination of the character and political leanings of Mr. Noad, who the column claims is about to receive a seat on the Council.

170-172

8 Dec 1835

H. Prescott

Glenelg

Transmits a petition of about a thousand signatories and two memorials, all regarding the nomination of Garrett for the situation of Sheriff. Requests Glenelg= s opinion as to whether Garrett= s friendship with Boulton, which would make him unpalatable to the Catholic community, would constitute a reason for rejecting his nomination.

174-177

-

A Signed by about a thousand persons@

Glenelg

Attached: The aforementioned petition, which cautions against the selection of Garrett as Sheriff and urges the same standards and discretion be applied in Newfoundland as in England and Ireland regarding the appointment of Sheriffs.

178-180

4 Dec 1835

P. Morris & the undersigned

H. Prescott

Submits a petition to Prescott and requests that he forward it to the Secretary of State. Notes that the appointment of Sheriffs is the sole privilege attributed to the Governor by the Royal Charter and urges Prescott to refuse Garrett= s nomination.

180-181

7 Dec 1835

J. Templeman

P. Morris

Informs Morris that the Governor will forward his petition, but that he considers the details of his letter to be false and disrespectful to his government.

181v-182

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-

-

Attached: The petition of Morris= letter of 4 Dec 1835 requesting that the situation of Sheriff not be given to Garrett.

183-184v

14 Dec 1835

H. Prescott

Glenelg

Forwards documents received from the governor of the Danish colony of St. Thomas regarding a murder committed there by James Smith of the British brig Ardent. Also attaches the commentary of the Attorney General. Notes that Smith has been sent en route to England.

185-186

11 Jan 1836

??? for Glenelg

Messrs Mank (?) & Boinchier (?)

A letter with details and documents regarding Smith= s alleged murder at St. Thomas.

188-193v

-

Lars Caspar Gad

-

A letter in Danish, presumably regarding the aforementioned murder case against Smith.

194-195

28 Sep 1835

Lars Caspar Gad

-

Same as above.

196-219v

12 Sep 1835

Lars Gaspar Gad

-

Same as above.

220-226

-

Lars Caspar Gad

-

A translated copy of Gad= s first letter. While the script is difficult to parse, it appears to be an account of the discovery of Smith= s murder and his eventual apprehension.

226-228

-

Lars Caspar Gad

-

A translated copy of Gad= s second letter. Also difficult to read. Seems to be a record of accounts of the murder by witnesses.

228-249

-

Lars Caspar Gad

-

A translated copy of Gad= s third letter. Like the other two letters, this is a statement by several undersigned witnesses of the events of the murder.

252-252v

4 Nov 1835

Carter

-

Judge Carter= s account of his examination of the first witness in the case against J. Smith.

254-254v

2 Nov 1835

Carter

-

Carter= s second examination.

256-257

2 Nov 1835

Carter

-

Carter= s third examination.

258-258v

2 Nov 1835

Carter

-

Carter= s fourth examination.

260-261

4 Nov 1835

Carter

-

The results of further examination into the allegations against Smith.

262-264v

31 Oct 1935

Carter

 

Same as above.

266-267

2 Nov 1835

Carter

-

Same as above.

268-268v

15 Dec 1835

H. Prescott

Glenelg

Transmits a petition by the citizens of Harbour Grace on behalf of Aaron Hogsell. Notes that some of the petitioners are respected merchants.

269-270

-

The Inhabitants of Harbour Grace

H. Prescott

Attached: The petitioners register regret at the home government= s intention to nominate Garrett to the Sheriff= s office over Hogsell and request that the Governor use any influence available to him to convince the home government to accept Hogsell.

272-272v

16 Dec 1835

H. Prescott

Glenelg

Forwards the report of the Commanding Royal Engineer on the colonial fortifications.

274-275v

14 Dec 1835

[LtCol Archibald] Walker (Chief, Royal Engineers, St. John= s, NL)

H. Prescott

Attached: The Commanding Royal Engineer= s report on the strength and status of the various forts and batteries throughout the island.

276-276v

31 Dec 1835

H. Prescott

Glenelg

Transmits the minutes of Council for the second half of the year.

Index

278-333

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-

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The index of correspondences for this volume.

End of Volume