[From Home Office File HO 98/78]

James Clarke to Lord John Russell 17 Nov 1835

Lancaster 17th Nov 1835

My Lord I am inclined to believe you will not think my letter troublesome. It is right to apprise your Lordship of the leading object of my appointment as Attorney General of the Isle of Man.

When it took place the Keys and the late Duke of Athol were in direct hostility to each other — Each party wished to nominate the Atty General. The Crown wisely looked to neither, and my short and memorable Commission notes this, "You will find the Island divided into two parties — We wish you to be of neither— Keep yourself neutral, and tell us the truth as our impartial officer" — The commission was given to me without my seeking or asking for it, and probably my position at Liverpool suggested that appointment — it gave me many facilities in acquiring correct information. The tempest, and it was a pretty smart one, betwixt the Keys and the late Duke, has now altogether ceased, and with it the principal object of my appointment.

The Keys in the days of his Grace were a popular body; but their influence is fast declining, and their judicial powers as an appelant body considered very feeble — They are self-elected, and I think cannot last long in their present state.

The Island is certainly too much under legal thraldom, and power is getting into hands where it is not well exercised. and therefore, commands no respect — As the Governor presides in the Courts of Law, he is considerably cramped and cannot shake off this thraldom: and yet it would not be wise to alter his position, until non-resident judges were appointed — To this it must come at best, to make a military Governor comfortable (Upon deep reflection I think it would not be wise to have any other than a Military Governor), and at the same time to give to the Island a more powerful, independent, and impressive, administration of the Laws.

To raise up a new power in order to counter-balance a bad one, and to stir up in the Island a spirit of good feeling, and of sound justice, I have been instrumental with your Lordship in obtaining a new Commission of Magistrates for the Island — I am most anxious for its success, and therefore, the more I lament the death of the best Magistrate, the day after his qualification.— To prop up this Commission, and sustain it through its infancy, it will be necessary from time to time to call in the aid of His Majesty's Secretary of State, and I think your Lordship will have pleasure in listening to the call — I do wish to see it matured, and full of usefulness during my connection with the Island. This cannot be long (for I am now in the 63d year of my age) and as it commenced most honorably, so I should wish it to conclude.

I am My Lord Your Lordship's faithful & ob^t Law^r James Clarke

Notes

His appointment followed on from that of Frankland, who was also non-resident - and was followed in 1843 by Ogden, also Recorder of Liverpool and non-resident. John Ready was the last military Lt Governor being followed in 1845 by Charles Hope from a background in the law.