Bermuda : Miscellaneous, 1821 : Correspondence; Petition; Minutes; Acts and Legislation; Financial document; Legal document; Newspaper clipping 1703-1822.

Marlborough, Wiltshire : Adam Matthew Digital, 2021.
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Summary note
  • CO 37/79/1. Acknowledges the receipt of a despatch concerning the powder fund. Reports on the misconduct and opposition of Chief Justice Esten and Attorney General Thomas Buttefield. No. 1, folios 3-10. 15 Jan 1821. CO 37/79/2. Forwards an application for Chief Justice Esten's salary up to day of his suspension. Expresses further complaints concerning Esten's conduct. No. 2, folios 11-18. 12 Feb 1821. CO 37/79/3. Responds to a despatch concerning the eastern chart of Bermuda. Asks that the Governor be allowed to possess the western chart as well. Reports that a civil engineer named Mr Fulton had deserted to the United States with surveys of Ireland Island and the Dockyard. Notes that the navigation of the island was well known to American vessels. Suggests that the island's defences were not as strong as supposed. No. 3, folios 19-22. 12 Feb 1821. CO 37/79/4. Reports on the Attorney General's misconduct and the state of the colony. No. 4, folios 23-24. 1 Mar 1821. CO 37/79/5. Responds to objections against two Police Acts; recommends the disallowance of the Corporation Acts of the towns of Hamilton and St George and the Judicature Acts passed by Chief Justice Esten; reports the suspension of John Till and S Lewis; and comments on an Act for the regulation of slaves which he considers objectionable. Encloses copies of six Acts: 'An Act to encourage the collection of trade at the towns of Saint George and Hamilton, by the sale of glebe lands. . . ', 1793; 'An Act for the incorporation of the town of St George and for the further promotion of the township of Hamilton in the islands of Bermuda', 1797; 'An Act in addition to the encouragement of the collection of trade and incorporation of towns Acts', 1798; 'An Act to repeal acts concerning the regulation of the Courts of Judicature', 1814; 'An Act for the establishment and Regulation of the Courts of Judicature', 1791; 'An Act for the better Government of Negroes, Mulattoes, and Indians, bond or free, and for the More effectual punishing conspiracies and insurrections of them', 1764. . No. 5, folios 25-60. 1 Mar 1821. CO 37/79/6. Reports that a survey of part of the colony was made by Commanding Engineer Captain Walker and sent to the Ordnance Department. Notes that gunboats would be necessary in order to defend the island in case of war. No. 6, folios 61-62. 1 Mar 1821. CO 37/79/7. Reports that the old Colonial Acts were objectionable. Notes that the Judicature Act limited appeals to £500. Reports that Chief Justice Esten had secretly left the island. Comments on the conduct of Attorney General Thomas Butterfield. Encloses correspondence with Attorney General Butterfield, papers concerning the suspensions of John Till and Samuel A Higgs, minute and address concerning the powder fund, and Corporation Acts of the towns of Hamilton and St George. No. 7, folios 63-101. 28 Mar 1821. CO 37/79/8. Reports that information concerning trade with the United States would be sent. No. 8, folio 102. 29 Mar 1821. CO 37/79/9. Reports on the 'democratic spirit' of the House of Assembly and the 'bad character' of Assembly members Tucker and Hale. Comments that the Courts of Justice were improperly conducted. Notes that no Supply Bills had been passed since 1816. Encloses copies of the communications with the House of Assembly concerning the state of the colony, the suggested removal of rum, Acts without suspending clauses, dismissal of the government printer, and the Assembly's complaint against the Governor. Private and Confidential, No. 9, folios 104-150. 3 May 1821. CO 37/79/10. Forwards a memorial of the Assembly asking for the Governor's recall. Gives a defence of his conduct. Also encloses correspondence with the Mayor of Hamilton Mr Darrell, message of the Assembly, report on the powder fund, and a copy of the Supply Act of 1816. No. 10, folios 151-176. 3 May 1821. CO 37/79/11. Reports further on the conduct of the Assembly. Encloses a report by Colonial Secretary Robert Kennedy on the Powder Fund Acts of 1742 and 1690 as well as a message from the Assembly refusing to proceed to business until the King decided on their petition. No. 11, folios 177-190. 5 May 1821. CO 37/79/12. Reports that the Assembly employed the dismissed government printer to print their journals. Forwards printed journals of the Assembly for the session which ran from 28 March to 3 May 1821. Comments on reprimanding two Wesleyan clergymen for publicly insulting Church of England clergyman the Reverend Coster. No. 12, folios 191-206. 12 May 1821. CO 37/79/13. Forwards a report by the Customs Office concerning the damaging effects of the American Non-Intercourse Act on Bermuda's trade. Encloses returns of exports and imports for 1820 and 1821 as well as duties collected showing the decrease in trade. No. 13, folios 207-215. 22 May 1821. CO 37/79/14. Responds to a despatch concerning the extent of trade with the United States. Encloses returns showing the number of vessels inwards and outwards from 1789 and 1820 as well as exports and imports in 1820. No. 14, folios 215a-219. 25 May 1821. CO 37/79/15. Forwards three old Acts which he considers objectionable including the Act regulating the Treasury 1775 and the Ferry Acts 1783 and 1784. Comments on the Assembly's claim to £7000 for pay arrears for its members. Considers the population of 5000 whites too small for a Legislative Assembly. Private and Confidential, No. 15, folios 220-232. 22 May 1821. CO 37/79/16. Comments on the 'traitorous' character of the Assembly and people, giving examples from the American Revolutionary War and with reference to the actions of John Till. Encloses a copy of the Governor's speech on proroguing the Assembly on 31 May as well an account of the House of Assembly for wages due to the members. No. 16, folios 233-250. 22 Jun 1821. CO 37/79/17. Introduces William Tucker, a Magistrate and Member of the Assembly. No. 17, folios 251-252. 22 Jun 1821. CO 37/79/18. Responds to despatches concerning the conduct and suspension of Chief Justice Esten. Private and Confidential, No. 18, folios 253-262. 2 Jul 1821. CO 37/79/19. Reports that if two clergymen were sent out they would each receive a stipend of £250 per year. Comments on the failure of prosecution for liable. Encloses a 'blasphemous' placard against the Governor entitled 'A Bermudian Patriotic Prayer'. Private and Confidential, No. 19, folios 263-267. 3 Jul 1821. CO 37/79/20. Responds to a despatch agreeing to be cautious when speaking about the loyalty of the Assembly. Comments on the character of Mr Tucker, the only practising lawyer other than the Attorney General. Private, No. 20, folios 268-269. 3 Jul 1821. CO 37/79/21. Forwards copies of Acts fixing fees on ships. No. 21, folios 270-289. 3 Jul 1821. CO 37/79/22. Reports that the slave registry books would be sent soon, in response to a circular of 2 May 1821. Notes that the Registry Act would expire in January 1822. No. 22, folios 290-291. 2 Jul 1821. CO 37/79/23. Acknowledges the receipt of despatches of 12 and 13 April 1821 concerning the suspension of Chief Justice Esten, Richard Darrell, and Richard Tucker from the Council Board. No. 23, folio 292. 3 Jul 1821. CO 37/79/24. Reports Chief Justice James Christie Esten's return and assumption of office. Encloses a newspaper copy of a congratulatory address to the Chief Justice signed by Mayor John Till and 90 other inhabitants of St Georges. Recommends attaching a salary to the office of solicitor general and sending out an officer to fill the vacancy. Private and Confidential, No. 24, folios 294-306. 1 Aug 1821. CO 37/79/25. Reports on the dangerous state of the colony due to the 'insubordination' of the people. Comments on the fraud committed by John Till and his brother on the church funds of St Georges. Encloses President Smith's letter refuting charges brought against the Governor by the Assembly. Also encloses copies of two newspapers against which libels had been made. Private and Confidential, No. 25, folios 307-324. 28 Aug 1821. CO 37/79/26. Forwards an Act of 1813 for preventing appeals from the colonial courts to the Governor and Council, or to the Court of Chancery. States this is objectionable. Recommends sending out commissioners to enquire into the state of the colony's laws. Private and Confidential, No. 26, folios 324-326. 29 Aug 1821. CO 37/79/27. Forwards a duplicate of the objectionable Appeal Act of 1813 [also see CO 37/79/26]. No.
  • 27, folios 327-329. 15 Sep 1821. CO 37/79/28. Acknowledges the receipt of a despatch of 28 June confirming or disallowing the Acts of 1819 and 1820. No. 28, folio 331. 20 Oct 1821. CO 37/79/29. Acknowledges the receipt of a despatch disallowing the Custom House Offices Fees Act. Comments on the pay claims of the members of Assembly. Private and Confidential, No. 29, folios 333-338. 20 Oct 1821. CO 37/79/30. Reports that Church of England clergyman Reverend Aubrey Spencer had arrived. Notes that another
  • clergyman from England, Mr Edwards, was expected to arrive soon. No. 30, folios 339-340. 27 Oct 1821. CO 37/79/31. Reports that the Council recommended the prosecution of certain newspapers for libel, but notes that the jury threw out the bills of evidence. Encloses an Act of 1738 for regulating jurors, which he deems objectionable. ; Reports the arrest of the churchwardens of St Georges and John Till for embezzling church funds. Comments on the trial of the constables for false imprisonment of Till and the churchwardens. Explains that Chief Justice Esten denied the Governor his power to commit on his own warrant. ; Encloses Quietus [formal document] to John Till suspending him from the officer of magistrate. ; Also encloses extracts from Blackstone as to the Governor's power to commit. . Private and Confidential, No. 31, folios 341-374. 17 Nov 1821. CO 37/79/32. Comments further on the Governor's power to commit. Gives observations on the trial of the constables for false arrest under the Governor's warrant. Encloses a letter from the magistrates respecting John Till and others. Private and Confidential, No. 32, folios 375-382. 28 Nov 1821. CO 37/79/33. Defends his own conduct and comments on the memorial of the Assembly. Reports that Colonial Secretary Kennedy had been sent to England with certain despatches. No. 33, folios 383-392. 1 Dec 1821. CO 37/79/34. Defends his conduct and comments on the state of the colony and conduct of Chief Justice Esten. Private and Confidential, No. 34, folios 393-399. 1 Dec 1821. CO 37/79/35. Recommends Reverend Aubrey Spencer to a seat in the Council. No. 35, folios 401-402. 23 Dec 1821.
  • AMDigital Reference:CO 37/80.
  • CO 37.
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Reproduction of: Bermuda : Miscellaneous, 1821, 1703-1822.
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