COLONIAL OFFICE CORRESPONDENCE
CONCERNING AND TO JAMES HALL
1826-1827
[CO201/188 & CO202/19-20]
Following his return to England in early 1825 Sir Thomas Brisbane will have discussed with Lord Bathurst the Emu Plains case and the part played in it by James Hall. The following exchange of letters between the Colonial Office and the Navy Office appear to be one result of these discussions. It is not quite clear why it took so long for it to take place or how the Navy Office could claim that James Hall was no longer employed by them, when he had been working the Royal Naval Hospital, Bermuda for more than a year.
From: COLONIAL OFFICE
To: COMMISSIONER OF VICTUALLING
Colonial Office
Downing Street Novr 24th 1826
Gentlemen
I have received the directions of Earl Bathurst to bring under your notice the very improper conduct of Mr James Hall who has been employed as Surgeon Superintendent on board several Convict ships which have proceeded to New South Wales under orders from the Navy Board.
During the latter part of Sir Thomas Brisbane's administration of that Colony several very serious charges were brought by Mr Hall as well as other individuals against the public characters of the Governor and Colonial Secretary, the falsehood of which having recently been most satisfactorily proved, Lord Bathurst deems it proper that you should be made acquainted with the conduct of Mr Hall on the occasion alluded to as his Lordship considers it to be so extremely reprehensible, as to render him undeserving of any further advancement in his profession, and would indeed (had Lord Bathurst been aware of the circumstances at the time of Mr Hall's arrival in England) have prevented his Lordship from sanctioning his further employment under any Department of the Government.
I am, Sir
R W Hay
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From: NAVY OFFICE
To: R. W. HAY, COLONIAL OFFICE
Received Nov 28 1826
The Navy Office
27th Nov 1826
Sir,
We have received your letter of the 24th instant bringing under our notice, by the direction of Lord Bathurst, the very improper conduct of Mr James Hall, who has been employed Surgeon of several Convict Ships which have proceeded under our orders to New South Wales, as connected with some very serious charges brought by him and other Individuals against the Public Characters of the Governor and the Colonial Secretary, which have proved unfounded and we acquaint you, in return, for his Lordship's information that Mr Hall is not now employed under this Board.
We are Sir Your very humble Servants
R Topping H Legge Boyle
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The following exchange of letters took place between James Hall and the Colonial office after James had from friends in England that serious aspersions were being made against him against him. He also seems to have been aware of the letter to the Victualling Office advising that he should not be employed by any Government Department in the future.
From: JAMES HALL
To: R .W. HAY, COLONIAL OFFICE [Received Jan 17 1827}
Royal Naval Hospital, Bermuda
20th November 1826
Sir,
Having just heard through my friends in England that erroneous aspersions have been attempted to be thrown on my character in references to circumstances that occurred four years ago at New South Wales, in which I was involved. I hasten, Sir, with due respect to you, and, as I trust a proper sense of feeling for my own character to entreat you to suspend your opinion of me for a short time.
Were I not aware, Sir, how often the minds of the most virtuous men are biased by the first impressions made on them, I should not have taken the liberty thus early to address you, but would have waited till my arrival in England, which will be in a few months. Believe me, Sir, I have no other object in writing than to afford you a proper motive for with holding the expressions, ex officio, of any feelings that may have been excited in your breast by those erroneous aspersions.
I feel perfectly happy by resting on the firm assurance that my character, when justly examined, will procure for me a much larger position of honor for my friends, than it has yet received and totally disarm all, who allowing their reason to be clouded by prejudices and their anger to be raised by false conceptions of my motives and actions, may be now privately endeavouring to injure me.
I do not wish, Sir,. that you should discredit a single statement that that may be made to you to my prejudice, neither do I, at present, to enquire of Dr Weir and Dr Burnet,. medical commissioners of the navy, as to my public character, nor yet refer you to a work, now before the public that bears testimony in its favour, nor will I, at this moment, call the aid of my friends to the support of my private character because I wish this to be fairly judged by the merits of the case that (whatever it may be) has been communicated to you, and the facts which I am able to adduce in justification.
I feel assured, Sir, that mutual explanations, would to convincing those who think I have injured them, that all that I did in New South Wales originated in the purest motives, namely charity and a sense of public duty.
In the march of events it was my unhappy fate to feel the resentment of the strong arm of power and I necessarily became compelled to defend my character, when it pleased God to raise up friends for me; and Lord Bathurst and Sir Wilmot Horton, bestowed upon my case that justice which they conceived to be due to it.
I never had my resentments to gratify, and it grieves me now to see a matter revived which I hoped was buried in oblivion
I now beg that you will be pleased to suspend your judgement till you hear both parties, for this you will admit in candour to be just and truly honourable; at the same time Sir, I trust you will have the goodness to inform those who conceive themselves to have been injured by me, that an impartial investigation of the matters that occurred in New South Wales in so far as I was directly, or indirectly concerned, will at any time, in any place, and in any manner be most agreeable to me, if they deem it necessary.
I have the honor to be,
Sir,
Your most obedient and
Humble servant
James Hall
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R W Hay Esq
From: JAMES HALL
To: R. WILMOT HORTON [Received 8th Feb 1827 by Mr. Hay from Wilmot Horton M.P]
20th Nov 1826
Sir
When I had the honor of taking leave of you in March 1825 I carried away with me the strongest feelings of respect and gratitude for the kind attentions I had received from you both officially and other wise.
The load of difficulties under which I had long been struggling was lightened by your impartial attention to my case and Lord Bathurst, through your candid statement of the real character of the matters laid officially before you, bestowed on me that just award which corresponded to his high station and well known goodness of character.
A mistaken idea of the situation in which Mr Surgeon would be placed by urging for the appointment in Van Diemans Land in opposition to the application that had been made on his behalf by Mr S Dorrell and further fearing that the application then made by my friend and patron the Duke of Clarence with respect to that Colonial Medical appointment might be at variance with any promise you had given to the late Lieutenant Governor, I was induced to accept the situation I now hold, and when I called on you on March 4th to return my thanks and to inform you of this circumstance you did me the honor to communicate to me that it was Lord Bathurst’s intention to give me the appointment. That kindness of his Lordship showed that my character had been approved. Thus situated you will easily imagine, Sir, with what regret I have just heard from a friend in London that several representations have lately been made to Lord Bathurst office particularly inimical to me, and that false aspersions have been attempted to be thrown on my character from circumstances that occurred in New South Wales.
As I cannot passively submit my character to be unjustly traduced you will pardon the liberty, Sir, I now take in soliciting the renewal of that support which you formally gave me. I have written to Mr. Hay entreating him to suspend his opinion of my character. I know from experience that a first statement , however erroneous it may be is easily admitted and when an ill impression is once made in a public office to the prejudice of any one, the want of time to investigate an intricate matter necessarily causes justice to be slowly awarded.
You doubtless will remember, Sir, how eagerly I sought an inquiry into my conduct during all the summer of 1823, and when I returned from New South Wales in January 1925 I had the honor to adduce fresh proofs of the rectitude of my former proceedings. I also solicited you to confront me with Dr Douglass, then in London, a man then no one ever better able to speak on all the subjects then under discussion at the Colonial Office seeing that independently of his being protected by powerful interests he possessed some perjured ?? affidavits, or at least was able to adduce them in his support. Yet all this I braved because proof was on my side. Therefore if you at that important time deemed all further inquiry unnecessary and gave me an unequivocal proof of the favorable opinions you entertained of my character , I now feel confident that you will not permit your opinion of me to be biased by the aspersions that are now being made it.
I expect to be in England in a short time, when I shall be perfectly ready and willing to meet the matter in question in any way that may be required, as well as justify all my conduct in New South Wales, both public and private.
Since those unpleasant matters that occurred in that Colony have been raked up by other persons and my character again unjustly assailed, I am as you now perceive, Sir, compelled to stand in my own defense.
I am connected with no one in New South Wales. I have no resentments to gratify and therefore have no motives for concealing any matter that may be deemed fitting for the most violent of my enemies.
I have now to request, Sir, you will be pleased to convey the foregoing sentiments to Earl Bathurst, and whilst I trust that they will be found congenial to the wishes of all, it only remains for me to solicit His Lordship’s kind protection, together with yours in order that justice may be awarded to those who shall be found deserving of it, should further inquiry be considered necessary.
Sir
Your very obedient and ever obliged servant
James Hall
From: R W HAY, Secretary Colonial Office
To: JAMES HALL
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Mr Hall Esq Downing Street
Bermuda 8th February 1827
Sir,
Mr Wilmot Horton has just put into my hands a letter which you addressed to him on the 20th November last which, together with one I received from you, under the same date, I have submitted to the consideration of Earl Bathurst.
In consequence of certain charges which were alleged against the late Governor and Colonial Secretary of New South Wales, connected with transactions which were stated to have occurred in that colony, it became necessary in justice to the officers, whose character’s were attacked, to institute inquiries into the truth of the statements which had been made to His Majesty's Government respecting them. After a careful inquiry into all the circumstances, those Officers having been fully acquitted, and it was hardly possible that the parties accused could clear themselves so completely as they have done from the imputations which had been cast upon them, without considerable blame attaching to those who were instrumental in bringing them forward, Lord Bathurst's impression could not be otherwise than very unfavourable to their accusers. As you stood in the latter predicament from the part you took against the Colonial Government, his Lordship deemed it necessary to apprize the Board, under which you were serving, of the line of conduct which you had pursued on the occasion to which you have alluded..
From the tenor of your letter you seem to be impressed with the idea that representations have been made to this Department, and that your name has in consequence been brought before Lord Bathurst in an unfavourable point of view, but in answer to that part of your letter, I am directed to observe that the opinion which his Lordship has pronounced originated from the perusal of the charges against the Colonial Government, were so satisfactorily disproved, and not, as you suppose by "the unpleasant matters which occurred in the Colony ‘having been raked up by other persons’, and should you think fit to demand a further inquiry you alone are the person, who revive the discussions, and must therefore be prepared to take upon yourself the consequences of so doing.
I am Sir
R W Hay
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From: JAMES HALL
To: R W HAY
dated 16 June1827 [written after arrival in England]
R.W. Hay Esq 22 Arundel St
London
16th June 1827
Sir,
I have the honour to acknowledge the receipt of the letter which you have addressed to me at Bermuda on February 8th. And now not wishing to cause unnecessary trouble I shall refrain from offering more than a few remarks on the several important matters alluded to therein. I profess, Sir, both my ignorance of the imputations said to have been cast on the late Governor and Colonial Secretary of New South Wales as well as my ignorance of their accusers, for no communication was at any time made to me from the Colonial Office on those subjects. It appears, Sir, that in consequence of an acquittal of those officers from certain imputations, an inquiry having been made thereon, their accusers were found deserving of the high censure of the Colonial office, and that I, although ignorant of both the imputations, and of those who preferred them; and uninformed of that inquiry have yet, in my absence from England, been visited with a punishment in a very unusual manner in Her Majesty’s Naval Service, to the most serious injury of myself and family.
I have therefore, Sir to request, that in consideration of my ignorance of the matters of that inquiry, and my absence from it, that the letter of censure on my conduct, which was addressed from the Colonial Office to the Naval Departments under which I am serving, may be recalled and also it may be permitted to me to remark, that the Colonial Office will be better to direct its Wisdom and bestow Justice on the case in question, now I am present, than it could equitably have done in my absence.
Although, I beg leave now to call on the Justice of the High Department which I have the honor to address yet I am perfectly prepared to meet all the consequences of a public inquiry should this be considered necessary.
Yet as my conscience acquits me of all blame, in everything relating to my conduct in New South Wales, or in other matters connected with the late Governor and Colonial Secretary; I shall feel very thankful if my present solicitation be complied with; and shall even consider the recall of the letter not less as an act of grace of the Colonial Office, than a dispensation of Justice.
I have the honour to be,
Sir,
Your most Obedient
And very Humble Servant
James Hall
Surgeon Royal Navy
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COMMENTS MINUTED ON ABOVE LETTER OF 16TH JUNE
Acqt Mr Hall that L. G. does not feel able to
comply with his request [here give the
passage]. That the papers that were laid
before Lord Bathurst have sufficiently proved
that the share which he bore in the //////////
alluded to, and that the verbal communicat ions which
he has made to one since his return have only tended
to confirm the impressions respecting his conduct on the
occasion, which was entertained by this Department.
It is quite clear that although he does not appear to
have made any communication on the subject to the
Governor he took a very active part in collecting
information [during] his stay in N. S. Wales, which
was made known to the Gov't at home for the purpose
of affecting .. the highest authorities in the colony
an accusation of no ordinary character, this
accusation has since been discovered to be
completely false, Lord Bathurst did //////
G ..... ''''' in the opinion that these should
propagate ///// are against their superiors cannot
be allowed to escape with impunity. Mr Hall may
indeed have been activated in what he did by
of duty //////// mistaken. lord ? would have
from his and to adopt this in anticipation of his
very //////// interference in this matter /////
his conduct in a [previous] case where Dr Douglas
was concerned shown that [private] anxieties
......... occasionally was mixed up with his zeal for public service
From: R W HAY
To: JAMES HALL
Jas Hall Esq
22 Arundel St Downing Street
30th June 1827
Sir,
Having laid before Lord Viscount Goderich your letter of the 16th instant, his lordship desires me to acquaint you, in answer, that he does not feel at liberty to comply with the request which it contains, namely ‘that in consideration of your ignorance of the matters connected with the inquiry was instituted into the truth of certain imputations made against the late Governor and Colonial Secretary of New South Wales and your absence from it, that the letter of censure on your conduct which was addressed from the Colonial office to the naval departments under which you are serving may be recalled’. The Papers which were laid before Lord Bathurst upon this subject, before he his Lordship retired from this Office, have sufficiently proved the share which you bore in the transactions alluded to, and I am sorry to add that the verbal communications which you have made to me since your return from Bermuda have only tended to confirm the unfavourable impressions respecting your conduct, which were entertained by this Department when the letter in question was addressed to the Navy Office. Although you do not appear to have any communications to the local authorities on the subject of these transactions, yet it is quite evident that you took a very active part in collecting information during your stay in New South Wales, which was afterwards made known to the Government at home for the purpose of fixing on the highest authorities in the Colony an accusation of a most serious import, for which (saw was subsequently addressed on the clearest evidence) there never had existed the slightest foundation.
Under these circumstances, Lord Bathurst deemed it proper (and Lord Goderich entirely concurs in this opinion) that these persons who were the means of propagating such slanders against their Superiors, should not be allowed to escape with impunity. Lord Goderich does not mean to deny that a person acting in the manner you did, might have been influenced by a sense of duty, however mistaken, and Lord Goderich would no doubt have been disposed to adopt this interpretation of your very improper interference in this matter, had not your conduct in a former case, where Dr Douglas was concerned, shown that private animosity occasionally was mixed with your zeal for the public Service.
I am etc R W Hay
This appears to have been the final letter of the exchange between James Hall and the Colonial Office