[From State Papers SP 48-1/96]

[I have kept to his spelling except the one case of changing his goal to the current usage of gaol]

Govr Wood re appt of Lt Govr - 7 March 1772

My Lord

In answer to my Letter of the 11th April 1770 to my Lord Rochford relative to the appointment of a Lieutenant Governor of this Isle, in Case of my Absence sickness or Incapacity, I had the Honor of receiving his Lordship's Letter of the 30th June following, signifying his Majesty's willingness to indulge me with Leave of Absence; yet that a seperation of the Civil & Miliary powers did not appear eligible. But upon His Lordship's representation to His Majesty, the King was pleased to signify, that if upon application on account of my health or private affairs, His Majesty should condescend to my request, I should acquaint His Lordship with the name of the Commanding Officer of the Troops stationed here, in order to his being appointed Lieutenant Governor, pro haec vice only; but that my absence should be so timed, that the administration of Justice may not suffer for want of my presence in the Courts at the decision of courses, which it might not be adviseable to have supplyed by a military officer, tho it might be imaterial with regard to issuing common processes only. And mentioning that the Expence is to be bourne by myself.

I have the highest sense of his Majesty's condescention & goodness; but I humbly apprehend it incumbent on me to be more explicit upon the nature of my Judicial Character.

The Governor presides in the Courts of Chancery, Exchequer, Common Pleas & General Gaol Delivery - and hears the appeals from the several Inferior Courts of the Isle - As Chancellor he holds a court the first Thursday in each month; but our peculiar situation & circumstances often require a Court weekly upon petitions, as exigencies occur. And no other Court having the jusidiction of issuing processes of arrest (which is granted here without oath) the Governor's aid and authority becomes daily, nay hourly necessary, to administer immediate relief to the parties - And for these and many other motives this court admits of no vocation or recess from business - the Court of Exchequer is in like manner always open, but the other Courts have their terms.

The two Deemsters, who are his Majesty's Justices in the Courts of Common Pleas & General Gaol Delivery, constantly attend the Governor at the several other Courts, in order to aid him with advice when required. And from their character & experience were generally judged the properest persons to execute the Office of Deputy Governor in the absence, sickness of incapacity of the Governor. Which in order to avoid expence were the reasons of my mentioning them to my Lord Rochford.

His Lordships motives for submitting the before mentioned method to his Majesty, were no doubt upon a supposition, that the courts here had those regular forms as in England; but that not being the case, many of the inconveniences which would attend vesting the Commanding Officer of the Troops with the Civil power, under such limitations - for to have jurisdiction to comit, or arrest persons, without a power to try or hear them till the Chief Governor's return, must appear a great hardship upon the subject, whose duress so readily obtained by the Laws & Constitution of this Isle is provided to be as speedily relieved and redressed, by the immediate interposition of the Governor's jurisdiction - And as attachments & contempts are granted at these monthly courts only; if they are not regularly hold, no cause can be brought to Issue; and in short a total stagnation of business cognizable before the Governor, would ensue - With all which Lord Mansfield, who was many years Comissioners of appeals from this Isle under the late Duke of Atholl, is perfectly well acquainted.

Should it be his Majesty's pleasure, in case of the Governer's absence, to appoint the Commanding Officer of the Troops Lieutenant Governor, and vest him with full powers, may I beg leave to suggest, that the discharge of his civil duty would take up most of his time & attention. But should the Deemsters be authorized by order of Council or otherways to discharge the judicial part by hearing & determining causes, with an appeal to the Chief Governor, every difficulty would be obviated and the Lieutenant Governor (tho he issued the processes as my Lord Rochford observes & even appointed the hearings) would find little trouble or embarrasment - But the Deemsters being thus impowered can as hithertofore in case of the Governor's sickness or incapacity occasionally discharge the judicial dutys whereby the course of law would meet with no intermission - of which from my indisposition there have been several instances - And I flatter myself that this plan intirely corresponds with his Majesty's pleasure signified to me by my Lord Rochford, and is compatible with the Constitution of this Isle, and consistent with the practice and former method of procedure.

Tho' I am sorry to trespass so much upon your Lordship's time; yet I cannot in justice to myself, avoid representing the peculiar hardship it would be on me, to bear any expence upon account of a Lieutenant Governor out of my small salary - considering the public character I am to support, that I have neither fees nor emoluments, as other Governors have, that I pay a yearly rack rent not only for my house and every other accomodation, but also for a Chappel, the King allowing twenty five pounds a year only to the Chaplain - And that I have not been allowed one farthing for my expences in entertainment &c upon my taking possession of this Isle for his Majesty, which the King commanded me to do with all the solemnities the importance of the occasion required - have the honor to be with the greatest respect &c John Wood

Notes

Probably written to Lord Suffolk - Governor Wood had requested a period of leave when he would be absent from the Island, thus raising for the first time the question of appointment of a deputy or Lieutenant Governor during his absence. Whitehall had replied that Wood should supply the name of the current Commanding Officer of the Troops stationed on the Island