[From Home Office File HO 98/66]

Atholl to Lord Hawkesbury dated Isle of Mann August 3 1804

marked Private

My Lord

Agreable to the arrangement I proposed to your Lordship and which met your approbation - I have given a temporary Authority until the King's pleasure is known to Lord Henry Murray to act as Lieut Govr of this Isle, being obliged myself to attend my official duties in Perthshire, For that temporary authority it gives - there are many precedents before the Revestment of the Isle and all the authorities formerly exercised by Governors are by my Commission vested in me. There are precedents too since the Revestment.

What I now have to sollict of your Lordship that this temporary Commission as Lieutenant Governor to Lord Henry Murray may soon be changed into a permanent one by his Majestys Order

I have the honour &c Atholl

This drew the following strongly worded response from Lord Hawkesbury pointing out that Atholl had no such authority and the illicit Commission as Lt Governor given to his brother Lord Henry Murray should be cancelled. Atholl had left the Island shortly afterwards having only stayed a few days for the 'baptism' of Castle Mona.

Draft letter from Hawkesbury to Atholl dated Whitehall 10 Aug 1804

My Lord

I have received your Graces letter of the 3d of this month informing me that you have granted a Commission of Lieutenant Governor of the Isle of Mann to Lord Henry Murray.

On whomsoever His Majesty shall be pleased to confer that appointment the duty I owe to the situation I hold under the Crown renders it absolutely necessary for me to inform your Grace that (although I see no objection to Lord Henry Murray's being Commanding Officer in the Island in your Grace's and the Lieutenant Governor's absence,) no power but that of His Majesty can confer the Lieutenant Government of the Isle of Mann upon any of his Subjects. I therefore must request your Grace will lose no time in cancelling the Commission you have granted. - this is absolutely necessary on several grounds for such a Commission can have no force or validity, legal assistance and any [thing] done under or by virtue [of] such a Commission must [by] their nature and consequences [be] illegal and of no authority.

Besides altho Lieutentant Governor Shaw has tendered his resignation and I have recommended it to the Lords of the Treasury to make a suitable provision in case His Majesty should be pleased to accept Shaw's Resignation yet no such provision has as yet been granted him and he is and must be considered as Lt Governor in the interim, and I am sure I need not point out to your Grace the improprietory and danger of an appointment by your Grace in contradiction to an appointment to the same office by the Crown which has not yet been formally suspended.

Atholl responded on 16th August from Blair Athol, in his usual blustering style, with many underlinings, claiming there were precedents for his action - there were indeed precedents pre-Revestment for a Governor to appoint deputies if he had to go off Island (these would normally be one of the Officers) and post Revestment the deputy would be the senior Commanding Officer, as, for example, Atholl had been authorised to do in 1799. But as Hawkesbury pointed out Atholl had no authority to appoint a Lt Governor.

Hawkesbury obvious wrote to Lord Henry informing him of the invalidity of his Commission which drew the only letter from him.

Lord Henry Murray to Lord Hawkesbury dated Isle of Mann 13th Septr 1804

My Lord

I am honored with your Lordship's letter of the 3rd Inst and shall communicate to Lieut Col. Crellin your recommendations to the mode of proceeding with Ensign Cannell.

As Commanding Officer in this Island I have been called upon to act as Govr in the absence of the Govr in Chief and the Lt Govr according as I understand to former usage in similar cases; but I have carefully avoided performing any act in such capacity more that what has been absolutely necessary for carrying on the functions of Govt in the Island, which would otherwise have been totally at a stand, for without the Governors signature or some person acting as such, great part of the Law business of the Island could not [be] carried on, and no person could [leave] the Island without being subject to a heavy fine.

I have therefore confined myself strictly to these parsimonary duties, as a matter of necessity not of choice, and shall be glad to receive your Lordshops further commands whether as Commanding Officer, I shall continue so to act during the absence of the Govr and Lt Govr or how otherwise I shall conduct myself when similar applications are made to me.

It was only yesterday I was applied to in a case of considerable importance, which will most [likely] be submitted to your Lordship [that] in which (in consequence of your letter) I declined to act.

I have the honor &c H. Murray

The death of Lord Henry Murray on the 3rd December 1805 removed any further machinations by Atholl for Lord Henry to replace him.

Notes

The Ensign Cannell case is covered in AP_X63/21 (an assault on Corporal Croghan), AP_X66(3rd) Deemster Crellin willing to conduct enquiry and AP_X29(3rd) Lord Hawkesbury to Atholl saying King had no future use for Cannell.

The Govr's signature was at this period needed on permissions to depart the Island. The significant action was possibly an attempt by James McCrone to obtain the arrest of a debtor? based on a Scottish writ - he sent a letter of complaint to Hawkesbury but I can see no further action recorded. [this is probably the same James McCrone who later became well known as agent for Atholl and his nephew Bishop Murray]