"HOPE": John Nevin's poem on slavery 1863 and the U.S. Proclamation of Emancipation

Family of John NEVIN at Grey Abbey, Ireland 1820s-1850s
Original poetry by John NEVIN written in Tasmania 1860s-1880s
The U.S. Emancipation Proclamation 1863-1866

John Nevin, parish clerk
"Yes, my brother, many did say you made a foolish step but they do not say so now."
Letter from Nevin family, Grey Abbey, Ireland, to John Nevin, Hobart, Tasmania, May 1855.

John Nevin (1808-1887) was born at Grey Abbey, County Down, Ireland to Rebecca (1778-1869) and William Nevin (1770-1824). They lived on the Montgomery estate and were buried in the Greyabbey Church of Ireland graveyard.  William Nevin was the parish clerk for 44 years. Had John Nevin stayed in Ireland, he would have inherited the office of parish clerk from his father. Instead, on arrival at Hobart, Van Diemen's Land (Tasmania) in July 1852 with his wife Mary Ann (Dickson) Nevin and their four children under 12 years old - Thomas James, Rebecca Jane, Mary Anne and William John - he settled his family on land administered by the Trustees of the Wesleyan Church at Kangaroo Valley (now Lenah Valley) near Hobart. The house he built there for his family was celebrated in his poem "My Cottage in the Wilderness" (1868). The one acre site included a small Wesleyan Chapel and schoolhouse.

John Nevin continued the traditions of parish clerk in Tasmania by administering pastoral care as a teacher of  literacy to adult males, and penning verse and epitaphs for the deceased. He wrote at least three laments, and probably more, which he published in the Tasmanian press as "Original Poetry" or as pamphlets.

In these he lamented: -

Grey Abbey ruins Down Irealnd

Along with Inch Abbey, Greyabbey is the best example of Anglo-Norman Cistercian architecture in Ulster and was the daughter house of Holm Cultram (Cumbria). It was founded in 1193 by Affreca, wife of John de Courcy, the Anglo-Norman invader of East Ulster. Poor and decayed in the late Middle Ages, the abbey was dissolved in 1541 but in the early 17th century was granted to Sir Hugh Montgomery and the nave was refurbished for parish worship until the late 18th century. The remains, in the beautiful parkland setting of the nearby grand house of Rosemount, consist of the church with cloister and surrounding buildings to the south.
Source: Official tourism website for Northern Ireland
Link: https://discovernorthernireland.com/things-to-do/grey-abbey-p675361

John Nevin and war
This medal commemorating the fall of Sebastopol, 1855 was passed down from John Nevin to Thomas and Elizabeth Rachel Nevin, and is currently held by descent in the © KLW NFC Private Collection.

>Medal commemorating the fall of Sebastopol, 1855



Photos © KLW NFC 2009 ARR.
Medallion and photos © KLW NFC Imprint & Private Collection 2009 ARR.

The same medallion is held in the following national collections:

Royal Museums Greenwich, London, (UK)
Link: https://www.rmg.co.uk/collections/objects/rmgc-object-40318
Description:
Medal commemorating the fall of Sebastopol, 1855
Medal commemorating the fall of Sebastopol, 1855. Obverse: Naval trophy of flags of the victors, behind this are the scales of justice, laurel wreath and rays; in front a plaque of a ship sinking in front of a town. In exergue: a snake cut in two among grasses. Legend: 'FALL OF SEBASTOPOL SEP 18th 1855'. Exergue. 'SINOPE HANGO'. Reverse: Laurel wreath surround, bound with a ribbon bearing the name of the allies - 'ENGLAND' 'SARDINIA' 'FRANCE' 'TURKEY'. Inscription: 'THE ALLIES GIVE PEACE TO EUROPE MARCH 30TH 1856.'

National Army Museum, London (UK)
Link: https://collection.nam.ac.uk/detail.php?acc=1963-07-37-1
Description:
Medal commemorating the Fall of Sebastopol and the Treaty of Paris, 1856
This commemorative medal, made of white metal, bears on the obverse the inscription: 'The Allies give peace to Europe March 30th 1856', within a circular laurel wreath bearing the names of the allied countries, England, Sardinia, Turkey and France. The reverse depicts a view of Sevastopol, superimposed upon a trophy of flags, above which is a pair of scales. Below is depicted a snake cut in two, with the words: 'Sinope' and 'Hango', which allude to naval engagements during the Crimean War (1854-1856).

Sinope was a sea port in northern Turkey and on 30 November 1853 a fleet of Russian battleships annihilated a force of Ottoman Empire frigates there. It is often considered to be the last great battle of the epoch of sailing and the first battle of the Crimean War. At Hango on 5 June 1855, a boat conveying ashore the crews of captured Finnish ships was fired on by the Russians with nearly every man being killed.

NAM Accession Number
NAM. 1963-07-37-1
Acknowledgement
Donated by Major F G B Wetherall.

SERVICE in the WEST INDIES, 1820s-30s
John Nevin witnessed slavery at close quarters in the 1820s during his service with the Royal Scots in the West Indies as the campaign for the abolition of slavery led by William Wilberforce gathered momentum in England. John Nevin began service on 7 October 1825, and embarked at Newry in Ireland in October 1826, disembarking at Barbados and proceeding to St. Lucia. By 1832, he had served on Barbados, Trinidad, and St. Lucia. His service in Canada - see this article - was rewarded with a Good Conduct Badge, conferred on 28th February 1837.



Source:https://discovery.nationalarchives.gov.uk/details/r/C8708867



NOTES from original documents:
Served West Indies from Regiment 1st Foot Private 7 Oct 1825 to 6 Oct 1826 underage
ditto 7 Oct 1826 to 31 May 1841 Amount of service 14 years 237 days

Served West Indies from 30 Nov 1827 to 18 Jan 1836
In Canada from 16 June 1838 to discharge at Chatham ex Horse Guards on medical grounds 1841
Service Record for John Nevin for the years 1825-1841 (12 images, served in First, or Royal Regiment of Foot.
Source: Find My Past for UK Archives

IRELAND and the CRIMEA, 1855
From the perspective of John Nevin's family in Ireland, they were ever thankful that their only brother with service in battle at the Canadian Rebellion of 1839, had returned home to Ireland and migrated to the Antipodes rather than serve in war again. One of his four sisters still living at Grey Abbey informed him in a letter dated May 1855, of the consequences of war in the Crimea causing soldiers' wives, widows and children of the parish to go hungry and without warm clothing. Her contribution was knitting two comforters:
May God increase your store and do not be extravagant only think what our poor soldiers are suffering at the Crimea before Sebastopol cold hunger and nakedness the people here with Mr Montgomery at there back begging for the widows and orphans not a house Escaping there ... no matter how poor it is ... something was expected and something was given Ladys and Gentlemen Children and Servants all that could knit any get all knitting anything and .... thing they thought useful I knit 2 comforters so some unknown shall wear my work I got in one of your letters 2 beautiful sprigs of some kind of heath thank you kindly for it but how sorry I am that I cannot write a better Letter to you I am very willing but fault is in my head not in my heart now without I get poor mother to say me one word she just begins to weep when I ask her ...



This letter addressed to John NEVIN (1808-1887) is held in a Tasmanian Archives research file in his son's name at the Archives Office of Tasmania.
Name: Nevin, Thomas
Record Type: Tasmanian Archives research file
Record ID: NAME_INDEXES:1807228
https://stors.tas.gov.au/NI/1807228

Across the top of the letter she wrote - "3 years without my Brother" - in pencil, underlined. Two siblings from this family of seven children born to Rebecca and William Nevin migrated to Tasmania: their only brother John Nevin as a pensioner guard on the Fairlie (1852), and their married sister Eliza (Nevin) Hurst, known to the family as "Betty" on board the Flora McDonald (1855), together with their respective children. As Eliza Hurst was a widow before leaving for Tasmania, it appears from this letter that she was living with John Nevin and his family soon after her arrival with her son and servant at the house he built at Kangaroo Valley (now Lenah Valley, Hobart) in 1854 on property administered by the Trustees of the Wesleyan Church.

John Nevin's poem "Hope" 1863
John Nevin published his poem in five stanzas on the injustice of slavery, titled "Hope" in the Weekly Times, Hobart, Tasmania, 12th September 1863, a few months after Abraham Lincoln's Emancipation Proclamation, issued 1st January 1863:

HOPE, by John Nevin 1863

Source: Original Poetry, John Nevin, Kangaroo Valley. HOPE. (1863, September 12). The Weekly Times, p. 3.
Link: https://nla.gov.au/nla.news-article233621295

TRANSCRIPT
Original Poetry

HOPE.

Hope, bright ray of heavenly birth,
To toiling mortals given,
To cheer the fainting sons of Earth,
And upwards point to heaven :
It soothes, it checks the rising sigh ;
No creature shares beside,
To man alone the boon is nigh ;
To friends is still denied.

Go ask the fettered galley-slave,
What cheers his manly mind.
To tug and toil through wind and wave,
Yet seems to be resign'd :
He'll tell thee there is still a ray
Of sacred hope, impress'd
(As on he drags from day to day)
Within that aching breast.

Ask him who ploughs the treacherous main,
When wave on wave is hurl'd,
And nought but fearful terrors reign
Upon the watery world;
What nerves his arm amid the gale,
Tho' death his in the blast;
He'll tell thee, he yet hopes to hail
His native home at last.

But what must cheer the Infidel ?
Oh ! where is then his hope ?
Go ask him, but he cannot tell,
What bears his spirits up.
When the pale horse to him appears,
With ghastly rider on ;
To him the awful summons bears,
His earthly race is run.

Then ask the christian where is his ;
He'll point thee to the skies ;
He looks by faith to future bliss,
To which he hopes to rise.
Hope brightens as he nears the tomb,
It whispers soft and sweet;
He looks and longs to be at home,
Where parted friends he'll meet.

J. NEVIN.
Kangaroo Valley.

Source: HOPE. (1863, September 12). The Weekly Times (Hobart Town, Tas. : 1863), p. 3.
Link: https://nla.gov.au/nla.news-article233621295

The Text:
This poem is written in five stanzas. Each stanza has two quatrains, the first separated by a colon, or semi-colon or full-stop from the second. The last word of each line within each quatrain alternates the sounds in the rhyming pattern ABAB; CDCD, eg. in the second stanza, A (slave) B (mind) A (wave) B (resign'd); C (ray) D (impress'd) C (day) D (breast).

John Nevin chose lexis with simple one and two syllable words to compose a rhythm - e.g. da DE da DE da DE da DE (trochaic tetrameter) - that stresses the second syllable in every two syllables per foot, with eight syllables per metre in the first line of the quatrain, and six in the second line of the quatrain - e.g. in the last stanza. The few exceptions are three syllables in the words "heavenly", "treacherous" and "Infidel". His choice of words at the end of line that rhyme - ABAB; CDCD in each stanza - for the most part are clean. Some are "imperfect" or assonant and do not quite rhyme - e.g. "tomb" and "home" in the last stanza, but those differences may not necessarily matter in the dialect spoken by the reader.

The Tenor:
John Nevin was an Irish Wesleyan, a teacher and above all, an optimist. The first stanza of his poem reflects contemporary beliefs in a hierarchy of life on earth, where human beings ranked superior to animals in all capacities of feeling and thought. His assertion and assumption is that "hope" is known only by humans - by "man", not by "creatures." The "friends denied" - who are denied this capacity for hope in the last line of the first stanza must therefore refer to animals - perhaps literally, perhaps not.

The second and third stanzas are devoted to the fear, hardship and injustice of the galley slave far from his native home. His faith is "sacred hope", equal to the "christians" of the last stanza, and ranked above the disbelievers who are without hope in the third stanza. John Nevin poses this as a proposition that is both unreal and yet certain, resolved through the potential of "Hope". These modalities of  the subjunctive mood - as in "if you were to ask him this you will hear him tell you that x=y"  - signal obligation, prediction, probablity, certainty, and potentiality which he deploys repetitively:  the imperative - he tells his addressee "Go ask" each of the three participants - the slave,  the Infidel, and the christian - and the prediction - "he'll tell thee/point thee" - to the answer, "Hope" made concrete through personification: it  "whispers soft and sweet". 

The "Infidel" of the fourth stanza - the metonymic entity signalled by the capital "I" though otherwise not defined by whatever failings John Nevin has in mind - will experience death without hope for future revelation, best understood by his readers through the only metaphor in this poem - the pale horse ridden by the figure of death of apocalypse literature.

The final stanza strongly affirms the christian (not capitalised) belief in an after-life as the home where departed friends await, a state of "future bliss". The christian message is all about optimism: finding and keeping faith in a better future improves one's health, it uplifts one's mood.

The Context:
John Nevin was still a teenager when he was attested into the Royal Scots First of Foot Regiment at Newtonards, the city depot close to his birth place at Grey Abbey, County Down, Ireland. His deployment was to the British West Indies from 1826 to 1835 during the campaign for the abolition of slavery led by William Wilberforce in England. With comrade-in-arms, James William Chisholm, Armorer in the Royal Regiment, he served in the West Indies and at the Canadian Rebellion of 1839. The Slavery Abolition Act came into law on 1st August 1834 when slavery was ostensibly abolished throughout British possessions abroad.

Published in August 1863 just a month prior his poem "Hope", these lines from John Nevin's poem titled "WRITTEN on the much-lamented death of the late JAMES WILLIAM CHISHOLM, of Hobart Town, a native of Edinburgh, aged 61 years" (Weekly Times, 29 August, 1863, p.6), refer to Chisholm's return to the West Indies where by then, there was the  "emancipated slave,"  a sharply contradictory oxymoron. 
Again he cross’d the Atlantic’s wave,
To sultry Indies’ feverish soil.
Where the emancipated slave
Beneath the lash no longer toil.
Read more about this poem by John Nevin in this article here.

Mary Ann Nevin nee Dickson John Nevin Tasmanian 1874

Thomas J. Nevin's portraits of his parents Mary Ann (Dickson) Nevin and John Nevin ca. 1872
Copyright ⓒ KLW NFC Imprint & Private Collection 2007

Manstealing: slavery in the Tasmanian press 1863
Lengthy articles on slavery appeared regularly in the Tasmanian press during 1863. This report on the cajoling, capture and killing of men from the South Pacific Islands of Tahiti, Rapa (French Polynesia), Raratonga and Mangaia (Cook Islands) would pose concern for whaling interests working out of Hobart's harbour. Mrs Phyllis Seal, for example, proprietess of the brig Grecian which was a former slaver and six-gun man-of-war that joined a whaling expedition in 1861, had to deal with the mutiny inspired by its captain Thomas John McGrath. A short time out near the Chatham Islands, he proposed to the crew -
... that they should take the vessel and keep her for themselves, and go on a slaving expedition amongst the South Sea Islands, as he said, that would pay them much better than whaling, and they could dispose of the living freight on the Brazilian coast....
See Addenda 3 below for the full report:(Mercury 3 December 1863, page 2).

Mrs Phyllis Seal ca. 1866 photo by Nevin & Smith

Shipping pioneer Phyllis Seal, (1807-1877) wife of Charles Seal, who managed the operations of their fleet of whaling ships and oil sales on his sudden death in 1852.
Maritime Museum of Tasmania (b & w copy, tinted)
Photographer: Thomas Nevin, of the firm Nevin & Smith, 140 Elizabeth St. Hobart Tasmania, 1866

This photograph of a bemused Phyllis Seal wearing a fabulous taffeta dress threaded in silver was taken by Thomas J. Nevin at his studio, 140 Elizabeth St. Hobart while in partnership with photographer Robert Smith (1866-1868) operating as the firm Nevin & Smith.

Taking islanders into slavery to work on plantations was called "blackbirding" in Australia. The first article (below) published in April 1863 reported atrocities committed on the islanders from Rapa and how they turned the tables on their captors to seize the brig Cora, taking it back to Papeete:



Extract - TAHITI. (1863, April 23). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3.
Link: https://nla.gov.au/nla.news-article8817170

TRANSCRIPT
TAHITI
PIRACY AND MANSTEALING: FRIGHTFUL ATROCITIES
(From the Messager de Tahiti, Feb. 28.)
It would appear upon it that an expedition for manstealing has lately been fitted out from the port of Callao, Peru, ostensibly for the purpose of colonization, virtually for the purposes of slavery. Of this fleet, one brig and one schooner are now in Papeiti Harbour, one captured by the French steamer Latouche Treville, and the other by the natives of Rapa; and a barque which innocently walked into the net by coming in for water. So much of these reports,&c, as are necessary to give some idea of the atrocities that have been enacted are here translated.
The Imperial Commissioner commanding in Society Islands and their dependencies, considers that the greater publicity ought to be given to the intelligence that comes to him from all quarters relative to certain hitherto unheard-of events for which no parallel has been found since the repression and dispersion of the Mediterranean corsaires. It is in consequence of the orders of the commissioner that the following documents are published:
[The documents which follow contain the reports of statements and depositions made by various persons persons of a most extraordinary character for which we cannot find space in our present issue. The nature of the infamous transactions now revealed will be learnt from the subjoined brief official report.]
Report on an enquiry made before the Court of the Procureur Imperial of the Tribunals of the Protectorate of the Society Islands, on the subject of the motives that induced the natives of the Isle of Rapa to seize the Peruvian brig Cora, and conduct her to Papeete.
Papeite, Feb. 21.
" To the Chief of the Judicial Service,
"Sirs - I have concluded the enquiry relative to the Peruvian brig Cora, and I have the honor to report as follows. This enquiry has led to the discovery of the following facts. The Cora sailed from Callao on the 4th December, 1862, with the object of recruiting colonists in Oceanica. Arrived at Easter Island on December 19th. She there met seven other ships of the same nation, all bound upon the same cruise. The captains of these vessels fearing that they would not be able to obtain a sufficient number of natives by persuasion, determined to carry them off by three and on the 23rd December a band of twentyfour of those ruffians, amongst whom were seven or eight men of the Cora, landed armed, under the command of the captain of the Rosa Carmen. The greater part of them concealed themselves in the vicinity, whilst several of those left behind endeavored to attract the natives by showing them articles calculated to excite their cupidity. When the natives had assembled to the number of about 500, the chief of the pirates gave the concerted signal, which was a pistol-shot. To this signal the men replied by a general discharge, and about ten Indians fell, never to rise again. The others, frightened, tried to fly in every direction, some throwing themselves into the sea, others scaling the rocks ; but about 200 were seized, and carefully secured. One witness assured the Court that the Captain of the Cora, Aquire, having discovered two Indians endeavoring to conceal themselves in a crevice of the rocks, and not being able to induce them to come out to him, had the atrocious cruelty to deliberately kill them both. The two hundred Indians carried off were shared between the different vessels, which set sail a few days afterwards. Whilst other atrocities that this inquiry has brought to light were being committed on board the other vessels, the Cora repaired to Rapa, in the hope of committing new acts of plunder and piracy. But the natives of this island took possession in time of the ship and crew, and forwarded them under careful watch to Tahiti. Thus French justice has put her hand upon a band of malefactors of the worst kind, who have violated every right of humanity and nationality, and who cannot fail to meet the just chastisement of their misdeeds.
SAVIGERIE
The above account was published in the Mercury on 23 April 1863. Four months later, this response (below) concerning the Peruvian slavers came from a missionary stationed at Mangaia (Mercury,17 August 1863, page 3).



TRANSCRIPT
PERUVIAN SLAVERS.
Some additional news of the Peruvian pirates is furnished by a letter from one of the missionaries at Mangaia, to his brother, Mr. Gill, of Malmesbury, Victoria. The Rev. Mr. Gill thus describes what took place on his return to Mangaia, after a short absence :-
"We were greatly distressed at finding that the King's favorite son and intended successor and four others, had been stolen away into slavery of the worst kind. Three Callao [Peru] slavers have been here this year, but two of them got nobody here.  But we know that other islands have been depopulated. From the Penrhyn [Cook Islands] upwards of 250 have been carried off and sold in Peru at £20 per head, and yet, as far as I know, no British man-of-war is cruising after these nefarious wretches. Five native evangelists have been trapped, and have doubtless been sold into slavery. Two of the five teachers are natives of Mangaia, and have been laboring with success on a neighboring island for several years. The other three are natives of Raratonga. My blood boils when I think of these things. Within twenty yards of the room where I write lives a pious woman, the mother of a large family. Alas ! for her husband; for he was one of the five stolen away. ' I trust that the British Government will insist upon the restoration of the captives to their respective homes. As we voyaged in the John Williams [missionary ship wrecked Cook Islands May 1864] we traced out upwards of 500 who have been thus carried away into, hopeless captivity. How many hundreds more have been taken away from other islands, it is of course hard to conjecture. And is all this to be allowed by England? I have written to England on the subject, also to H.B.M.'s Consul at Tahiti."
PERUVIAN SLAVERS. (1863, August 17). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3.
Link: https://nla.gov.au/nla.news-article8819995

The U.S. Emancipation Proclamation 1863-1866
Thomas Nast’s "(?) Slavery is Dead (?)" appeared in the January 12, 1867, edition of Harper’s Weekly. Created five years after the Emancipation Proclamation, a year and two months after the ratification of the 13th Amendment and nine months after the passage of the Civil Rights Act of 1866, the image depicts the failure of each to fully protect African Americans. Two images, one depicting an African American being sold into slavery as punishment for a crime and a second depicting an African American being whipped as a punishment for a crime, draw attention to the ability of state governments to work around those three legal acts.
TRANSCRIPTION:
https://iowaculture.gov/sites/default/files/history-education-pss-reconstruction-slaverydead-transcription.pdf



Title: (?) Slavery is dead (?) / Th Nast.
Creator(s): Nast, Thomas, 1840-1902, artist
Date Created/Published: 1867.
Medium: 1 print : wood engraving ; page 40 x 27 cm.
Summary: Two illustrations showing: enslaved man being sold as punishment for crime, before Emancipation Proclamation; and an African-American man being whipped as punishment for crime in 1866.
Reproduction Number: LC-DIG-ppmsca-71960 (digital file from original) LC-USZ62-108003 (b&w film copy neg.)
Rights Advisory: No known restrictions on publication.
Call Number: Illus. in AP2.H32 Case Y [P&P]
Repository: Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA https://hdl.loc.gov/loc.pnp/pp.print
Notes: Illus. in: Harper's weekly, 1867 Jan. 12, p. 24.



Title: Emancipation Proclamation / del., lith. and print. by L. Lipman, Milwaukee, Wis.
Creator(s): Lipman, L. (Louis),
Date Created/Published: Madison, Wis. : Published & sold by Martin & Judson, c1864 Feb. 26.
Medium: 1 print : lithograph, color ; sheet 88.7 x 53.2 cm.
Summary: Print shows at center the text of the Emancipation Proclamation with vignettes surrounding it; on the left are scenes related to slavery and on the right are scenes showing the benefits attained through freedom; also shows Justice and Columbia at the top center beneath a bald eagle and a portrait of Abraham Lincoln at bottom center above a scene of former slaves giving thanks.
Reproduction Number: LC-DIG-pga-02040 (digital file from original print)
Rights Advisory: No known restrictions on publication.
Call Number: PGA - Lipman (L.)--Emancipation Proclamation (D size) [P&P]
Repository: Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA http://hdl.loc.gov/loc.pnp/pp.print
https://www.loc.gov/pictures/item/2003671404/

TRANSCRIPT of the Proclamation
Source: The U.S. National Archives and Records Administration
https://www.archives.gov/exhibits/featured-documents/emancipation-proclamation
https://www.archives.gov/exhibits/featured-documents/emancipation-proclamation/transcript.html
January 1, 1863

A Transcription
By the President of the United States of America:

A Proclamation.

Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States."

Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New Orleans) Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth[)], and which excepted parts, are for the present, left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

By the President: ABRAHAM LINCOLN
WILLIAM H. SEWARD, Secretary of State.



Description: President Barack Obama views the Emancipation Proclamation with a small group of African American seniors, their grandchildren and some children from the Washington, D.C. area, in the Oval Office, Jan. 18, 2010. This copy of the Emancipation Proclamation, which is on loan from the Smithsonian Museum of American History, was hung on the wall of the Oval Office today and will be exhibited for six months, before being moved to the Lincoln Bedroom where the original Proclamation was signed by Abraham Lincoln on Jan. 1, 1863.
Date 18 January 2010
Source The Official White House Photostream [1]
Author White House (Pete Souza) / Maison Blanche (Pete Souza)
Source:https://commons.wikimedia.org/wiki/File:President_Barack_Obama_views_the_Emancipation_Proclamation_in_the_Oval_Office_2010-01-18.jpg

ADDENDA

1. The slave ship Cora
THE SLAVE-TRADE; The Bark Cora, of New-York, Captured on the African Coast. SEVEN HUNDRED AFRICANS ON BOARD, History of the Vessel and Her Movements List of Her Cargo. New York Times, 8 December, 1860
Link: https://www.nytimes.com/1860/12/08/archives/the-slavetrade-the-bark-cora-of-newyork-captured-on-the-african.html
Within the last six weeks 2,221 recaptured Africans have been sent to Monrovia, having been captured on board the following vessels by our present African squadron, viz.: The ship Erie, of New-York, captured by the steamer Mohican, Commander S.W. GODON, on the 8th of August, with 997 slaves on board. The brig Storm King also captured on the 8th of August, by the steamer San Jacinto, Capt. T.A. DORNING, and having on board 619 slaves; and the bark Cora, captured by the flagship Consultation, Capt. JOHN S. NICHOLAS, in the vicinity of Manque Grande, with 705. The last-named was amply fitted out for a long voyage, and in her cabin was found every luxury suitable for a tropical climate, consisting of the choicest wines, preserved meats, fruits. &c., &c. Previous to taking her departure for Monrovia, a boatload of these stores was transferred to the Constellation, for the use of the 'ward-room officers,' which is in direct violation of an article of an act for the better government of the Navy. For an offence somewhat similar, five of the crew of the Constellation were tried by a summary court-martial in December, 1859, and their pay taken from them and otherwise punished.

The bark Cora, as already stated, hailed from New-York. She was a fine vessel, of 431 tons register, built in Baltimore in 1851, from which port she was engaged in the South American trade. She was afterwards purchased by E.D. MORGAN & Co., who finally sold her to JOHN LATHAM for $14,000, and on the 4th of May, 1860, a register was issued to him from the New-York Custom house as master and owner. The Cora was immediately taken to Pier No. 52 East River, where important changes were made in her rig, with the evident design of increasing her spead as a sailer. Her hold was stowed with a large number of casks, which were filled with fresh water; and provisions, lumber and other articles in large quantities, such as usually constitute a slaver's cargo, were put on board. These suspicious circumstances were reported to Mr. ROOSAVELT, the United States District-Attorney, and on the 19th of May she was arrested and examined upon a charge of being about to engage in the slave-trade. The proceedings were in the United States District Court, by which appraisers were appointed, who estimated, the value of the vessel at $9,000, and the cargo at $13,128 23 -- total, $22,128 23, and she was accordingly bonded for that amount, ROBERT GRIFFITH and CHARLES NEWMANN becoming joint sureties for the vessel.

On the 27th of May the Cora was recleared at the Custom-house and proceeded on her "trading voyage." The next intelligence we have of the Cora she is overhauled by the United States ship Constellation, on the 25th of September, when eighty miles off the Congo River, having 705 Africans on board, a person giving his name as LORETTO RINTZ, but who is really supposed to be the identical JOHN LATHAM, being in command. The officers who captured the Cora represent her as a very fast sailer, which scarcely any vessel except the Constellation could have outsailed.
Wilburn Hall's long autobiographical piece, "Capture of the Slave-ship Cora" which appeared in the periodical Century, Vol. 48, 1894, pp 115-129, is a comprehensive account of the chase by the US ship Constellation, engravings included. Available for download at Victorian Voices.



The sloop Constellation capturing the slaver bark Cora in 1860. Artwork by Arthur L. Disney, Sr.
Courtesy of the Navy Art Collection.   NHHC Photograph Collection, NH 55353-KN (Color).
National Museum of the US Navy
Link: https://www.history.navy.mil/content/history/museums/nmusn/explore/prior-exhibits/2020/anti-slave-trade-patrols.html

2. Penrhyn and the Callao slavers
In the early 1860s, Penrhyn was almost completely depopulated by Peruvian blackbirding expeditions. In 1862 the ship Adelante took hundreds of Tongarevans aboard, ostensibly to transport them to a nearby island as agricultural workers.[6] The Tongarevans went willingly: coconut blight had led to famine, while the local missionaries saw work overseas as a way of bring money to the atoll to pay for larger churches. Once on board, they were shackled in the hold and guarded day and night.[7] 253 survived the voyage to reach Callao in Peru, where they were sold for between $100 and $200 each.[8] Further slaving expeditions followed, and in total 472 Tongarevans were sold in Peru.
Source: Wikipedia
Penrhyn atoll,https://en.wikipedia.org/wiki/Penrhyn_atoll

3. The "Grecian" and Mrs Seal
A SLAVER IN THE SOUTH SEAS. About two years ago, the brig Grecian, of about 210 tons burthen, commanded by Thos John M'Grath, sailed from Hobart Town on a whaling expedition. The vessel had a crew of 21 sailors on board, and everything in capital order for a successful voyage When the brig was out about a week she called at Botany Bay for a "lady friend" of the captain's and then commenced her cruise, which lasted about fifteen months. During this period about six and a-half tons of oil were collected. The vessel then put into Wellington, the oil was sold, and the crew partly changed for a set of Maories, Portugese, and Swedish seamen.
She was then fitted out in a very suspicious manner, but no notice was taken of the circumstance by the authorities, as they considered that the captain was well known as an experienced whaler. The vessel being originally a six gun man-of-war brig, very little was required to make her a very dangerous craft, and after a few weeks had elapsed she sailed away from the coast of New Zealand, and made for the Chatham Isles, which she reached in February last. A man named John Turner joined the brig at this place and signed articles for about four months, with the understanding that the captain should land him at New Zealand or in the Australian colonies. The vessel then sailed, and shortly after being out of sight of land, M'Grath called up the crew and proposed that they should take the vessel and keep her for themselves, and go on a slaving expedition amongst the South Sea Islands, as he said, that would pay them much better than whaling, and they could dispose of the living freight on the Brazilian coast. Turner and eight others refused to join in this barbarous enterprise and demanded as their right that they should be landed at some port where a British Consul officiated.
M'Grath then sailed for Nieu or Savage Island lying to the eastward of the Tongan Group. Here he landed Turner and his seven companions. They had only set foot on the desolate shore when a white missionary informed them that the natives would only allow them five minutes to get away from the island, or they would forfeit their lives. The second mate of the brig, named Travis, who had charge of the boat, brought the unfortunate men back to the vessel, and was heartily abused by M'Grath, who told him that he ought to have left the men on the rocks, without paying any attention to what the natives had said. Turner then again, on behalf of himself and his companions asked M'Grath to land then at any port where there was a British consul.
The brig now made for Samoa, or the Navigators' Island and touched at one of the group called Tutuilla, where the natives were killing and eating each other daily. Turner, together with his men, were landed on the north-east side of this savage coast, where they remainedd seventeen days, and had to give the natives all they possessed in money and clothes amounting to about fourteen dollars, for which consideration they were taken to the other side of the Island, where the British consular agent, Mr.Unkin, resided.
This gentleman treated them very kindly, but could do next to nothing for them as he had only at his command an open boat, in which they started for Upola (another of the Navigator group), a distance of seventy miles, which place they succeeded in reaching in two days without food or water, - having nothing to keep them alive but a few cocoa nuts. This was about the middle of last June. On arriving at Upolu, Mr. McFarlane the British consul, took: them under his protection. While they were there, a man named Bryan, who was a seaman on board of the "Grecian," arrived from the Fijis in a ship belonging to an oil merchant named Hanslem, residing at Upolu. This person had formerly been in the 65th Regiment, and had joined the brig at Wellington, New Zealand. Bryan stated that after Turner and his party had left the ship, the brig went to the Friendly Islands and put into Tongataboo. After offering to trade with the natives - one hundred and thirty of whom, including women and children, came on board to dine at McGrath's invitation, the hatches were then battened down, and the Grecian" was got under weigh. But Bryan refused to stop on board any longer and he was allowed to go ashore at Ovalo, one of the Fiji Islands, distant about three hundred miles from Tongataboo.
The brig then sailed for Lima, Peru, in order that M'Grath might dispose of his human cargo. Bryan obtained a passage to Upolu in the vessel before mentioned. Five of Turner's party then left Upolu, on a cruise in an American whaling ship, called the Desdemona, and the remainder waited until they were sent up to Sydney, where they arrived about six weeks ago. From Sydney they made their way to Hobart Town, where they had an interview with Mrs Seal, the proprietress of the Grecian; but this lady said she could do nothing for the unfortunate man, and it would be too expensive to send a vessel after M'Grath, which she could otherwise do, as his articles had expired last May. Turner then got a situation as cook and steward on board of the Urania, now lying at the Australian wharf, which trades between this port and Hobart Town.

Herald, Nov 28th.
Source: A SLAVER IN THE SOUTH SEAS. (1863, December 3). The Mercury (Hobart) p. 2.
Link: https://nla.gov.au/nla.news-article8822887

RELATED POSTS main weblog

Mrs Elizabeth Goldsmith and the saltmarsh known as Lady's Tippett, 1870

Executors of Captain Edward Goldsmith's estate in probate (1869-1901)
The Captain's wife: Elizabeth (Day) Goldsmith in Chancery 1870s
Saltmarshes along the Thames in Kent, UK

The Goldsmith Golden Triangle
Ours was the marsh country, down by the river, within, as the river wound, twenty miles of the sea. My first most vivid and broad impression of the identity of things seems to me to have been gained on a memorable raw afternoon towards evening. At such a time I found out for certain that this bleak place overgrown with nettles was the churchyard; and that Philip Pirrip, late of this parish, and also Georgiana wife of the above, were dead and buried; and that Alexander, Bartholomew, Abraham, Tobias, and Roger, infant children of the aforesaid, were also dead and buried; and that the dark flat wilderness beyond the churchyard, intersected with dikes and mounds and gates, with scattered cattle feeding on it, was the marshes; and that the low leaden line beyond was the river; and that the distant savage lair from which the wind was rushing was the sea; and that the small bundle of shivers growing afraid of it all and beginning to cry, was Pip.
Chapter One: Great Expectations (1860-61) [1867 Edition] by Charles Dickens
Source: https://www.gutenberg.org/files/1400/1400-h/1400-h.htm#chap01



This Google Earth map (2023) shows present day locations of Captain Edward Goldsmith's former properties on sale from his estate (1869) at Gadshill, Higham, Chalk and Higham Saltings:

On right:
Gadshill House on Telegraph Hill, home of Captain Edward and Elizabeth Goldsmith;
Top right:
Eleven cottages at Vicarage Row, now School Lane, next to Knowle Country House, sold to the Rev. Hindle;
Centre:
St Mary the Virgin church, at Chalk, where they worshipped and were buried;
On left:
Craddock's Cottage where Charles Dickens and Catherine Hogarth honeymooned, April 1836
Top left:
Lady's Tippett, small parcel of marshland in Higham Mead sold to Robert Lake.

This map from William Mudge dated 1801 shows the same relative positions of each property.



Callouts: Craddock's Cottage, Chalk; St Mary the Virgin Chalk Church; Gad's Hill House, Higham, Captain Goldsmith's house on Telegraph Hill; Lady's Tippett, Higham Creek Higham Saltings
Source: https://mapco.net/kent1801/kent16_01.htm

"Lady's Tippett" today



Less than an acre of saltmarsh, known as Lady's Tippett in the early 1870s when Elizabeth Goldsmith sold it from her husband's estate, is still visible in its original shape. The triangle in which it sits resembles a chicken wishbone to 21st century eyes, but to those in the Middle Ages, it looked like a lady's tippett. This screenshot taken from Google Earth (2020) shows bare meadowland with an occasional herd of cattle grazing closer to the Thames path.

Saltmarsh land at Higham Mead known as "Lady's Tippett"
The title deed to the parcel of marshland in the Higham Salts, County of Kent (UK), known as "Lady's Tippett" which Captain Edward Goldsmith asumed to be legally his according to his last will and testament prepared in 1865 and proved July 1869 on his death, was not found among his conveyancing documents when his entire estate was prepared for auction in June 1870. Yet he had received "rents and profits" from its tenants since 1857, income which his executors continued to accrue up to the planned date of sale.

"Lady's Tippett" could only be sold legitimately if Captain Goldsmith's widow, Mrs Elizabeth Goldsmith, set forth in Chancery a declaration (oath) that this piece of land's provenance in her husband's estate was the result of an informal arrangement with wine merchant James Saxton in 1857. Up until a week before the date of auction set for the 14th June 1870 at the Bull Hotel Rochester where purchaser Robert Lake would bring to light the property's "fee simple" status, Elizabeth Goldsmith, as one of three executors to her husband's estate along with silk merchants Alfred Bentley and William Bell Bentley, was still receiving rent from the tenant Mrs Mary Youens. To absolve the executors of any suspicion they had knowledge of the anomaly, Elizabeth Goldsmith's sworn declaration was made in Chancery just days prior to the auction, on Thursday 9th June 1870 under an Act of Parliament which was incepted at the time of William IV's reign and later amended to abolish unnecessary oaths and suppress voluntary, extrajudicial affadavits.

For such a small parcel of land measuring less than one acre (3 roods, 1 perch) it took quite some extra money, time and legal expertise in order to execute a new indenture and administer its sale. The cost was out of all proportion to its size by comparison with the extensive acreage of plantations, pasturage and tenanted dwellings that comprised the whole of Captain Edward Goldsmith's real estate on offer at auction by Mr. Cobb in his beautifully prepared catalogue - real estate which stretched miles across the two parishes of Higham and Chalk, in the county of Kent (UK).



Messrs. Cobb, Surveyors and Land Agents, Catalogue of Captain Edward Goldsmith's properties for sale at auction, June 1870
Source: Kent History and Library Centre
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5



Map and plan of properties at auction from the estate of Captain Edward Goldsmith, June 1870
Source: Kent History and Library Centre
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5

Goldsmith estate auction 1870

Plan map of Lady's Tippet, detail from Cobb's Catalogue 1870: LOT 10 - box insert above.

The reason, perhaps, for all the flurry and fuss over the sale of Lady's Tippett was a belief that Robert Lake the younger had an historical claim on it. His father's name, R. Lake Esq. appears on land adjacent to the strip coloured green on the tithe map drawn up for the new indenture, and perhaps with time his activities had spilled over onto the land called Lady's Tippett, blurring boundaries, especially if the marsh salt had a commercial value. Wording on conveyancing documents (below) describe it as "that piece or parcel of Salt Marsh Land called Lady's Tippett situate in a certain Salt Marsh called Higham Mead " which suggests meadowland and rich pasturage for sheep. Robert's uncle George Lake of nearby Oakley who died in 1865 and was buried at St. Mary's Chalk Church was clearly an associate and friend of Edward Goldsmith who was also buried there in 1869.

George Oakley was listed as occupier of land in Chalk owned by Edward Goldsmith's father Richard, which was managed by Edward's brother John Goldsmith in 1841. Lake family members by 1881 were paying rates on extensive land holdings in the parish of Higham (Fielding 1882). Robert Lake Esq. may have used his parcel of land adjacent to Lady's Tippett for pasturage, saltworks for meat preservation, and orchards in an arrangement with wine and brandy merchant James Saxton of Crayford. It was James Saxton who was named as the person who offered the parcel of land to Captain Goldsmith in fee simple of £25 in 1857, and retrospectively, it seeems, in "extrajudicial" circumstances. Fee simple under English law was real property held permanently but limited by government powers. Preparation for the sale of Lady's Tippett was concluded as fee simple absolute, without limitations on the land's use, and that required a new indenture in 1870 which cost Elizabeth Goldsmith, as the principal beneficiary of her husband's estate, a great deal of money at the office of solicitor George Matthews Arnold.



TM/13/3-Receipts From James Saxton, Wine & Brandy Merchant
Link: https://royalasiaticcollections.org/receipts-from-james-saxton-wine-brandy-merchant/

Why tippett?
The parcel of land known as "Lady's Tippett" was named presumably because of its topographical shape resembling an item of Medieval clothing draped from the elbow to the hem worn by women, clerical and secular, perfectly depicted in this 14th century statuette of Joan, daughter of Edward III.



Statuette of Joan on the tomb of Edward III
DIED 2nd September 1348
LOCATION St Edward’s Chapel; South Ambulatory
MATERIAL TYPE Bronze
Image © 2023 Dean and Chapter of Westminster
Joan, daughter of Edward III
A small bronze statuette (or weeper) of Joan, a daughter of Edward III and Philippa of Hainault, can be seen on the side of her father's tomb in Westminster Abbey. This can be viewed from the south ambulatory. She was born in 1335 and died on 2nd September 1348 en route to Spain to marry Pedro of Castile. She lies buried in Bayonne cathedral. The weeper figure wears a reticulated head dress, cote-hardi and long sleeves [tippetts] and the coat of arms depicting Castile & Leon impaling France and England quarterly is below.

From Revivial Clothing, tippetts through the centuries:
During the High Middle Ages (11th – 13th centuries) male and female fashions often emphasized a full-sleeved tunic or gowns over a tight-sleeved undertunic or gown, both of which were worn over a plain linen shirt or chemise. Towards the close of this period the sleeves of the overgarment were cut to end at the elbow and form long, pendant sleeves about a foot long, leaving the forearms covered exclusively by the undergarment. As the new style of tight-sleeved, fitted gown and male cotehardies came into fashion in the 14th century, the overgarment’s sleeve was now tight-fitting and extended to the wrist. The old pendant sleeve was replaced with a purely decorative strip of linen or silk fabric about three inches wide that was attached either temporarily or permanently around the sleeve just above the elbow; from it a long streamer fell anywhere from the knee to the ground. Early in the period the bands seem to have been worn to the front of the arms, but later “migrated” to the sides of the arms. These streamers, or tippets, were nearly exclusively white, and great care was exercised to keep them pressed free of wrinkles. Based on contemporary artwork, our removable tippets are made of lightweight, white linen, and are “one size fits most” fitting up to a 15 1/2″ arm, with a 28″ long streamer.
Source: https://revivalclothing.com/product/medieval-tippets/#1554922249854-a8a7cc3f-7696



Caption: "A woman kneels in prayer, she wears a black Backlace Gown with a Wimple and silk Veil to cover her head. Her tippets hang low from her upper arms just barely brushing the floor."
Source: https://revivalclothing.com/product/medieval-tippets/#1554922249854-a8a7cc3f-7696

That this parcel of land's resemblance to an open sleeve hanging from an arm may have seemed obvious to Higham Marshes' earliest inhabitants. Its name suggests a feminine space serving some practical use. A Benedictine nunnery was established in the 13th century at Lower Higham close to St. Mary the Virgin Church (Chalk Church), the church where Captain Goldsmith worshipped and was buried in 1869. The nuns profited from the maintenance of the Causeway, the old Roman Road leading from Higham village to the Thames where they held a franchise on the Ferry service crossing from Kent to Essex. These were women who were nominally addressed as Lady (Lady Anchoreta, Lady Prioress), who worshipped at the Lady Chapel (variously called the Nun's Chapel and Lady's Chapel) inside the church, and who gave birth to children fathered by at least one Vicar of St. Mary's, Edward Steroper (a story often told about this nunnery and cited as one reason for dissolution of the nunnery in 1521 among others, including embezzlement of funds by nuns and decline in general use of the Ferry). In 1959 two cottages of an 18th century farm, Abbey Farm on ordnance maps, which were demolished near St Mary's were found to contain considerable portions of 14th century masonry. Graves, believed to be those of nuns were found during excavation, suggesting the site was formerly the nuns' cloister and priory.
Source: A. F. Allen.1965.Higham Priory.Archaeologia Cantiana. 80:186199.
https://kentarchaeology.org.uk/node/11462 .



Detail of map St. Mary's Church and Abbey Farm, site of nun's priory
Kent XI Ordnance Survey Six-inch England and Wales, Kent Sheet XI
Surveyed: 1862, Published: 1870
Link: https://maps.nls.uk/view/102343465#zoom=5&lat=8569&lon=4325&layers=BT



1862: Kent Sheet XI - the Salt Marshes
Surveyed: 1862, Published: 1870
Size: map 61 x 92 cm (ca. 24 x 36 inches), on sheet ca. 70 x 100 cm (28 x 40 inches)
https://maps.nls.uk/view/102343465#zoom=4&lat=5963&lon=7013&layers=BT
Early maps of the Higham Saltings indicate where Higham Creek enters from the Thames.
Red arrow: Higham Creek; green arrow, Lady's Tippet; blueline, Higham Creek; yellow highlight Higham Saltings

With dissolution of the Nunnery, the lands, tithes and presentation of Abbey Farm became the property of St John's College, Cambridge. The College owned the strip of land adjacent to Lady's Tippett, on the Thames side (see Tithe map below on Elizabeth Goldsmith's Declaration in Chancery 1871, below) as well as land on Telegraph Hill, Higham, above Gad's Hill House, the 6 acre property which was Captain Goldsmith's primary residence (see Cobb's Catalogue for the sale of estate, below).

An earlier account written by C. Roach Smith in 1880 dispelled the belief that the Higham marshes were worthless. On a visit to the area, he found:
From the spot where is the divarication from the straight line from Higham, for a very considerable distance, a wide space of ground on the margin of the Thames is unenclosed. It was thought worthless; and over it the high tides have ever flowed and still flow. But the vast tract, of marsh and meadow land, protected by the embankment, has apparently been ever secured from the highest tides. Sheep and cattle graze upon it, in perfect security; it grows no marine plants, such as flourish on the riverside; its creeks are full of fresh water plants, and fresh water fish.
C. Roach Smith.1880.The Shorne Higham and Cliffe Marshes. Archaeologia Cantiana.13:494-499.(p. 497)
Link: https://kentarchaeology.org.uk/node/9717
Read the full transcript of this article below in Addenda 1.

Storms, floods, tidal fluctuations in sea levels along the Thames and Medway estuaries, and the human activities of pasturage, agriculture, walling, trenching, embanking and salt-making might have affected the topography of the Higham Salts by the 19th century to the degree where any change to the course of the bifurcated stream Higham Creek, in particular, would have altered the boundaries of Lady's Tippett. But to the Medieval mind it may well have looked just like a lady's tippett, notwithstanding other possible connotations to do with femininity.

MAY - JUNE 1870
The first steps taken to legitimate the inclusion of an indenture on "Lady's Tippett" in the sale of her husband's estate took place in Chancery, London, on 9th June, 1870 when Elizabeth Goldsmith declared on oath her lack of knowledge of the existence or non-existence of a title deed to the said piece of land, as recorded on this document:

FRONTIS: Mrs Elizabeth's Goldsmith's Declaration 9 June 1870

Elizabeth Goldsmith 1870

TRANSCRIPT - Frontis
Dated 9 June 1870
Rectangular stamp BRA 1069 11
Declaration of Mrs Elizabeth Goldsmith as to the title of the late Edward Goldsmith dec'd to a piece of marshland in the Parish of Higham Kent.
PAGE 2:

Elizabeth Goldsmith 1870

TRANSCRIPT Page 2:

[Circular stamp with Crown dated 10.5.70 = 10th May 1870]
2/7
I Elizabeth Goldsmith of Gads Hill House in the Parish of Higham in the County of Kent, widow do hereby solemly and sincerely declare as follows: -
1. That my late Husband Edward Goldsmith formerly of Gad's Hill Cottage in the Parish of Higham aforesaid purchased in the year one thousand eight-hundred and fifty seven of James Saxton the younger of Crayford in the said County of Kent Wine Merchant for an Estate of fee simple in possession free from incumbrances a piece or parcel of marshland called or known by the name of Lady's Tippett situate lying and being in a certain saltmarsh called Higham Mead in the parish of Higham aforesaid and numbered 10 in the Tithe map for the said Parish and on which said piece or parcel of land contains by admeasurement three roods and one perch (more or less) and is more particularly delineated and described as to its position and boundaries in the map or plan thereof drawn in the margin of these present and therein colored Green -
[BOX INSERT: Tithe map or plan of the piece of land called Lady's Tippett, Higham Salts]



2. That I have caused searches to be made for the Deed whereby such piece or parcel of land may have been conveyed to my said late Husband, but I have found none and I verily believe that no Conveyance of the said piece or parcel of land to my said Husband was ever made and executed in consequence of the small value of such piece of Land my said Husband having paid only the sum of twenty five pounds for the

PAGE 3:

Elizabeth Goldsmith 1870

TRANSCRIPT Page 3:
[Initialled] purchase of the fee simple thereof in possession free from incumbrances

3. That ever since the year one thousand eight hundred and fifty seven down to the day of his death which occurred on the second day of July one thousand eight hundred and sixty nine my said Husband has been in peacable and quiet possession of the said piece of land and has received the rents and profits thereof without any interruption or disturbance whatsoever.

4. That since the date of my said Husband's decease the Trustees of his Will have held and enjoyed the said piece of land and heriditaments and received the rents and profits thereof as the same is now in tenure or occupation of their tenant Mrs Mary Youens and this without any interruption or disturbance whatsoever. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of an Act of Parliament made and passed in the sixth year of the reign of His late Majesty King William the Fourth intituled "An Act to repeal an Act of the present Session of Parliament intituled "An Act for the more effectual abolition of Oaths and Affirmations taken and made in various Departments of the State and to substitute Declarations in lieu thereof and for the more entire suppression of voluntary and extrajudicial Oaths and Affidavits and to make other provisions for the abolition of unnecessay Oaths -"

Declared at Gravesend
in the County of Kent
this ninth day of June one thousand                             } Elizabeth Goldsmith [signature]
eight hundred and seventy
Before me
Geo. M. Arnold [signature]
A Commissioner to administer Oaths
in Chancery in England
Source: "Saltmarsh bought by Robert Lake 1870, and eleven cottages in Vicarage Row, Higham"
Description: Also Gads Hill House, Gads Hill Cottage and nine cottages in Gads Hill; twenty seven cottages, Chalk Street, Gravesend; one deed 1870 of saltmarsh in Higham, remaining topographical references from a sale catalogue with plan, 1870
Held At: Kent History and Library Centre
Document Order #:U36/T1810/5
Date:1865-1881
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5

AUGUST 1870
The second step was to draw up an indenture on the piece of land called Lady's Tippet in Elizabeth Goldsmith's name in the absence of a title deed. This took place at Mr. Arnold's, Gravesend, two months later, on 25 August 1870. The fourteen page document was then revised in 1881 and Elizabeth Goldsmith's name was struck through, with the purchaser's name Robert Lake, inserted over it.

Summary:
When Captain Edward Goldsmith died in July 1869, an anomoly regarding the absence of a title deed attesting to his ownership of a parcel of land in the Higham Salts marsh measuring less than an acre and known as "Lady's Tippett", resulted in his exceutors needing legal guidance when the sale of his real estate was prepared for auction in July 1870. The parcel was then advertised on Cobb's catalogue as LOT 10. George Matthews Arnold, the lawyer who had administered the will of John Goldsmith snr, Edward's father, proceeded to act on behalf of his wife Elizabeth Goldsmith to empower her to mortgage Lady's Tippett in order to sell it to Robert Lake free of encumbrances. It cost her £836.10 (£837 pounds in 1870 is worth approximately £52,435.04 or $71, 022.87 USD today, with the same buying power as $103,107.64 current dollars.).

G. W. Arnold devised an Indenture on the piece of land in question, Lady's Tippet, by abstracting it from the estate at considerable expense to the executors of Edward Goldsmith's estate, his wife Elizabeth Goldsmith and silk merchants Alfred Bentrley and William Bell Bentley. He set about interpreting in detail the will dated 15th February, 1865 and the codicil dated 30th June 1869 - TWO DAYS before Captain Goldsmith was declared deceased on 2nd July 1869 - to assert that both the will and the codicil covered any and all aspects, if the need arose, for Elizabeth Goldsmith to raise money for any construction or improvements on her husband's real estate. By assenting to this arrangement with G. W. Arnold to hold all her husband's real estate in Trust, Elizabeth Goldsmith entered into a loan agreement with him for £200 with interest at the rate of £5 per cent per annum for the sale of the Indenture on Lady's Tippet (page 3).

But by pages 4 and 5, Arnold's fees to execute power of sale of Lady's Tippett to Robert Lake, the intended purchaser, had risen to £215.7.1 which included interest in arrears and insurance. Legacy duties, registering the new Indenture, and other legal fees incurred an additional £83.14.7 by page 7. A further sum of £334.16.7 was then included so that Elizabeth Goldsmith could complete the erection of works mentioned in the will and codicil - though these are not specified. By the bottom of page 7, Arnold had arrived at the sum of £836.10 due from Elizabeth Goldsmith. He then gives assurance that the Indenture prepared for the excercise of removing it from Elizabeth Goldmith's entitlements to her husband's real estate could then ensure its disposal at sale but only on the repayment of money owed to him by Elizabeth Goldsmith. She signed this agreement with Arnold on 9th June 1870 and paid him an advance of £338.9/. George Matthews Arnold lodged a complaint himself as plaintiff in 1872 against Edward Goldsmith's will and heirs for the amount which he claimed was owing to him and which was far more, according to Elizabeth Goldsmith's testimony.

Appended to this agreement dated the 10th September 1870 is the handwritten version of Elizabeth Goldsmith's statutory delaration entered on oath in Chancery in which she said she had searched for the title deed to Lady's Tippett without success, and that she "verily believed that no conveyance of the said piece or parcel of land to her was ever made & executed in consequence of the small value of such piece of land her said husband having paid only the sum of £25 for the fee simple ..." .

On this same page 10 which bears her statement and signature is another statement written in another hand between George Matthews Arnold, Elizabeth Goldsmith,William Bell Bentley and Alfred Bentley in the first part, and the purchaser of Lady's Tippett, Robert Lake the younger of Oakley in the Parish of Higham in the second part, stating that he agrees that Elizabeth Goldsmith had "excercised the power of mortgaging" the parcel of land which he Robert Lake made as an absolute purchase "free from all encumbrances for £15." But the agreement is not personally signed by Robert Lake. It merely records that the document was executed by G. M. Arnold, Elizabeth Goldsmith, Alfred and William Bell Bentley, and the receipt of the £15 attested.



Robert Lake's attested conveyancing to him of the Lady's Tippett, 10 September 1870
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5

TRANSCRIPT
He the said G. M. Arnold (at the request and by the direction of the said E. Goldsmith W. B. Bentley & A Bentley (testified etc) Did thereby grant and convey the said E. Goldsmith W. B. Bentley & A Bentley by virtue of the said recited power of sale & of all other powers & auth'ies [authorities] in any way enabling them in that behalf Did & each of them Did thereby grant & convey release satisfy & confirm unto the said R. Lake & his heirs All that piece or parcel of Salt Marsh Land called Lady's Tippett situate in a certain Salt Marsh called Higham Mead in the said Parish of Higham numbered 10 in the Tithe Commutation Map and Book of reference of the said Parish & config [configured] by amt [amount] 3 r [roods] 1p [perch] or thereabouts & particlarly delineated & colored green in the Plan thereof drawn in the margin of the abstracting Indre [Indenture] Together with the appurtns [appurtenances]- And all the estate To hold the same unto & to the use of the said R. Lake his heirs and ass [assignees] for ever freed & absolutely discharged from the securities created by the said Indentures of the 22nd July 1869 and the 9 Juy 1869 & from all other charges or liens of the said G M Arnold (if any) upon the said Lds [lands] or any part thereof.

Covenant by the said G. M. Arnold that he had not incumbered

Several convenants by the said E Goldsmith W.B. Bentley & A Bentley that they had not incumbered
Executed by the said G. M. Arnold E Goldsmith W.B. Bentley & A Bentley & attested and Receipt for £15 indorsed signed and witnessed

[Margin annotation:]
Plan same as that annexed to E. Goldsmiths declaration before abst [?]

The last page, which would have been the front cover when folded of the document when amended in the 1880s, is identical to the header on page 1 featuring "Abstract of the Title" in Gothic lettering except that it bears two dates - 1870 of the original page struck through with 1881 superimposed. Pencilled in at the top of the page is "As to part of Lot 8, and beneath, struck through " Lot 10". Annotated in the margin is the reference number used by the Kent Archives and Library to catalogue it: U36 T1810/5

Next is the Abstract of Title in the same Gothic lettering as on page 1, with "Elizabeth Goldsmith and others" struck through, superimposed by Robert Lake's name:
"Abstract of the Title of Robert Lake Esq. to a certain freehold piece of [land struck through] Marsh Land called or know as "Lady's Tippett" siuate in the Parish of Higham in the County of Kent."
The footnote annotation carries initials and another date, 22/7/81 and a rectangular stamp enclosing "B.R.A. 1069 11" . The date refers to the date at top - 1881.



Final page, Abstract of Title to Robert Lake, dated 1881, on the conveyance of Lady's Tippett
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5

COMMENT:
Solicitor George Matthews Arnold had a long association with Captain Edward Goldsmith's immediate family. He administered the will of Edward's father, Richard Goldsmith snr in 1839 and filed a Bill of Complaint in Chancery in 1856 against Richard's heirs and beneficiaries for withholding evidence of deeds to Richard Goldsmith's extensive holdings in the parishes of Chalk and Higham, Kent.

Richard Goldsmith snr held licenses for two hotels in Rotherhithe, London, viz. the China Hall public house and the adjoining tenements at 1-4 China Hall Place, on the Lower Deptford-road, as well as the Victoria Inn, known as the Princess, also on the Lower Deptford-road. The mortgages, indentures and income on the tavern, tea gardens and tenements at China Hall Place were the first subject of G. W. Arnold's Bill of Complaint filed specifically against the two sons of Richard Goldsmith snr - John Goldsmith and his younger brother Captain Edward Goldsmith.

Extraordinary as it may seem, George Matthews Arnold's Bill of Complaint was lodged in Chancery less than six months after Captain Goldsmith's permanent arrival back at his residence, Gads Hill House, Telegraph Hill, Higham, Kent in 1856. Arnold met with resistance from the Goldsmith brothers when making it clear he had a Complaint. In fact, in item 15 of his Bill of Complaint, he stated:
15. The whole of the said principal sum of One thousand six hundred pounds with an arrear of interest thereon still remains due and owing to the plaintiff George Matthews Arnold upon the securities aforesaid and the said mortgaged premises being but a scanty security for the same the plaintiff George Matthews Arnold has applied to and requested the defendants hereto to redeem the said mortgages or to release their equity of redemption in the said premises but they refuse to comply with such request.
G. W. Arnold as plaintiff filed this suit in Chancery for the purpose of redeeming the mortgages, rents and other income derived principally from Richard Goldsmith's properties. He also wanted the Goldsmith heirs to produce evidence of other deeds held on properties but they refused. The Court ordered they should comply under penalty of arrest. When Captain Edward Goldsmith's own estate was put at auction in 1870 at the Bull hotel, Rochester, the auction took place under under the watchful eye of George Matthews Arnold who acted as solicitor to the executors, and at great expense to Edward's wife, Elizabeth, as evidenced here by the problem of a title deed to a piece of land measuring less than acre called "Lady's Tippett" that was considered by her husband to be of small value.

10th SEPTEMBER 1870
The third step to facilitate the sale of Lady's Tippett to Robert Lake was to write up the official Indenture form.

Indenture 1870 Elizabeth Goldsmith and G M Arnold

TRANSCRIPT
This Indenture made the tenth day of September one thousand eight hundred and seventy Between George Matthews Arnold of Gravesend in the County of Kent Gentleman of the first part Elizabeth Goldsmith of the same place Widow and William Bell Bentley and Alfred Bentley of one hundred and thirty six Cheapside in the City of London Silk Merchants of the second part and Robert Lake the younger of Oakley in the Parish of Higham in the County of Kent Esquire of the third part. WHEREAS Edward Goldsmith late of Higham aforesaid Esquire deceased being seised of or otherwise entitled to a state of inheritance in fee simple in possession of and in (amongst other hereditaments) the piece or parcel of land and hereditaments herein after described and intended to be hereby assured duly made and executed his last will and testament in writing dated the fifteenth day of February one thousand eight hundred and sixty five whereby he devised all his real estate whatever and wheresoever that he might die seised possessed or entitled to at the time of his death unto his wife the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley their heirs and assigns upon the trusts therein mentioned And the said testator thereby declared that it should be lawful for the Trustees and Trustee for the time being of his said will at their discretion from time to time to sell and absolutely dispose of his said real estate or any part thereof either by public auction or private contract and subject or not to any special or other conditions of sale restrictive of the purchasers rights in relation to the title or evidence of title and such other conditions stipulations and agreements as they should think proper and to make enter into and execute all acts deeds assignments and assurances whatsoever as should be necessary or be deemed expedient by his said Trustee their heirs executors or administrators and stand possessed of the proceeds of sale upon the trusts therein mentioned And that the receipt or receipts of the Trustees or Trustee for the time being of his said will for the money to arise from any sale or sales of his said estate as aforesaid should effectually discharge the person or persons paying the same from being answerable or accountable for the misapplication or nonapplication thereof AND WHEREAS the said Testator duly made and executed a codicil to his said will dated the thirtieth day of June one thousand eight hundred and sixty nine whereby he empowered the said Elizabeth Goldsmith to execute Mortgages of his real estate for the purpose therein mentioned AND WHEREAS the said Testator died on the second day of July one thousand eight hundred and sixty nine and the said will and codicil were duly proved by the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley the executrix and executors thereof on the twenty seventh day of the same month in the Principal Registry of her Majestys Court of Probate AND WHEREAS the said Elizabeth Goldsmith has exercised the power of Mortgaging vested in her by the Codicil by means of two several Indentures of Mortgage bearing date respectively the twenty second day of July one thousand eight hundred and sixty nine and the first day of January one thousand eight hundred and seventy and respectively made between herself of the one part and the said George Matthews Arnold of the other part AND WHEREAS the said Robert Lake has contracted with the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley for the absolute purchase of the said piece or parcel of land and hereditaments hereinafter described for an estate of inheritance in fee simple in possession free from all incumbrances at the price of fifteen pounds sterling AND WHEREAS the said George Matthews Arnold has agreed to concur in these presents for the purpose of releasing the said piece of land and heriditaments from the said several Indentures of Mortgage and from all other charges heirs (if any) which he may have thereupon in manner hereinafter appearing NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the sum of fifteen pounds sterling to the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley (with the consent of the said George Matthews Arnold testified by his executing these presents) now paid by the said Robert Lake the receipt whereof is hereby acknowledged. He the said George Matthews Arnold (at the request and by the direction of the said Elizabeth Goldsmith William Bell Bentleyand Arthur [sic -Alfred] Bentley testified by their executing these presents Doth hereby grant and convey And the said Ellizabeth Goldsmith William Bell Bentley and Alfred Bentley by virtue of the said recited power of sale and of all other powers and authorities in any way enabling them in this behalf Do and each of them Doth hereby grant and convey release ratify and confirm unto the said Robert Lake and his heirs ALL that piece or parcel of Salt Marsh Land called "Lady's Tippett" situate in a certain salt marsh called Higham Mead in the said Parish of Higham numbered 10 in the Tithe Commutation Map and Book of Reference of the said Parish and containing by admeasurement three roods one perch or thereabouts and particularly delineated and colored green in the Plan thereof drawn in the margin of these present TOGETHER with the appurtenances to the same piece of land and hereditaments belonging or appertaining and all the estate right title and interest of the parties hereto of the first and second part therein and thereto TO HAVE AND TO HOLD the said piece of land and hereditaments and all and singular other the premises intended to be hereby granted and conveyed with the appurtenances unto and to the use of the said Robert Lake his heirs and assign for ever freed and absolutely discharged from the securities created by the said Indentures of the twenty second day of July one thousand eight hundred and sixty nine and the first day of January one thousand eight hundred and seventy respectively and from all other charges or liens of the said George Matthews Arnold (if any) upon the same piece of land and hereditaments or any part thereof AND the said George Matthews Arnold doth hereby for himself his heirs executors and administrators covenant with the said Robert Lake his executors administrators and assigns that he the said George Matthews Arnold hath not at any time heretofore made done committed executed suffered or omitted any act deed matter or thing whatsoever whereby or by reason or means whereof the said piece of land and hereditaments or any part thereof are is can shall or may be impeached charged incumbered or prejudicially affected in title estate or otherwise howsoever AND each of them the said Elizabeth Goldsmith William Bell Bentley and Arthur [sic Alfred] for herself and himself and for her and heirs executors and administrators acts and defaults only and not further or otherwise Doth hereby covenant with the said Robert Lake his heirs and assigns That the said covenanting party hath not at any time heretofore made done committed executed suffered or omitted any act deed matter or thing whatsoever whereby or by reason or means whereof the said piece of land and hereditaments or any part thereof are is can shall or may be impeached charged incumbered or prejudicially affected in title estate or otherwise howsoever or whereby they the said covenanting parties respectively are in any wise prevented or hindered from granting or conveying the said piece of land and hereditaments or any part thereof in manner hereinbefore mentioned IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

[SIGNATURES and RED WAX SEALS with the HORSE'S HEAD, insignia of Kent]
Geo. M. Arnold Elizabeth Goldsmith Wm. Bell Bentley Alfred Bentley

Indenture 1870 Elizabeth Goldsmith and G M Arnold

TRANSCRIPT
[SIGNATURES and RED WAX SEALS with HORSE'S HEAD]
Geo. M. Arnold Elizabeth Goldsmith Wm. Bell Bentley Alfred Bentley

[NEXT PAGE:]
Signed sealed and delivered by the within named George Matthews Arnold in the presence Edw. G. Fooks
Signed sealed and delivered by the within named William Bell Bentley in the presence of Edw G. Fook, Park Place, Gravesend
Signed sealed and delivered by the within named Alfred Bentley in the presence of Edw. G. Fooks

[MARGIN:]

RECEIVED the day and year first within written of and from from the within named Robert Lake the sum of Fifteen Pounds being the considerationmoney within expressed to be paid by him to us ----

Signatures of
Elizabeth Goldsmith
Wm Bell Bentley
Alfred Bentley

Witness to the signature of Elizabeth Goldsmith
Edw G. Fooks
Witness to the signature of William Bell Bentley
Edwd G. Fooks
Witness to the signature of Alfred Bentley
Edw G. Fookes

[COVER FOLD:]

Dated 10th September 1870
CONVEYANCE
George Matthews Arnold Esq. and others to Robert Lake Esq. the Younger
of a Piece of Salt Marsh Land situate in the Parish of Higham Kent
Cover: Abstract of Title to Robert Lake, dated 1881, on the conveyance of Lady's Tippett
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5



Suits in Chancery
On the death of his father in 1869 at Gadshill, Edward Goldsmith jnr contested the will in a Chancery suit against his mother Elizabeth Goldsmith, widow, and his father's executors, William Bell Bentley and Alfred Bentley. He also contested his father's legacy as plaintiff against his Tasmanian cousins, legatees Mary Sophia Day and her sister Elizabeth Rachel (Day) Nevin. But in 1872 both Elizabeth Rachel Nevin and her husband, photographer Thomas Nevin, were named in a Chancery suit as defendants, along with Edward jnr and his mother, this time lodged in the name of Elizabeth's younger sister, Mary Sophia Day as the plaintiff (Ref: National Archives UK C16/781 C546012).

APRIL 1871: Goldsmith v Goldsmith
When the administration of Captain Edward Goldsmith's will was listed in 1871 (National Archives UK Ref: C 16/715/G18) William Bell Bentley was named as defendant along with Captain Edward Goldsmith's widow, Elizabeth Goldsmith versus their son Edward Goldsmith jnr and Sarah Jane Goldsmith, his wife. William Bell Bentley and his brother Alfred Bentley were the named executors of the will, the latter better known as the father of William Owen Bentley, founder of Bentley Motors Ltd (1919) whose mother Emily Waterhouse was born in South Australia. Another of Alfred Bentley's sons, Alfred Hardy Bentley was added to the amendment in 1922.

MAY 1872: Day v Goldsmith
In May 1872, Elizabeth Goldsmith was in Chancery again, this time as defendant in a suit against plaintiff Mary Sophia Day in Tasmania, named as beneficiary of her uncle's will. This legal document appears to be particularly cruel. It sets sister against sister, Mary Sophia Day as the plaintiff and her elder sister Elizabeth Rachel (Day) Nevin as defendant, both daughters of Captain James Day, nieces of Captain Edward Goldsmith's wife Elizabeth (Day) Goldsmith.
Short title: Day v Goldsmith. Documents: Bill only. Plaintiffs:…
Reference:C 16/781/D50 Description: Cause number: 1872 D50.
Short title: Day v Goldsmith.
Documents: Bill only.
Plaintiffs: Mary Sophia Day infant by Thomas Butter her next friend (both struck through).
Defendants: Elizabeth Goldsmith, William Bell Bentley, Alfred Bentley, Edward Goldsmith and Sarah Jane Goldsmith his wife, Caroline Tolhurst, Matilda Tolhurst, Edward Tolhurst (abroad), Richard Tolhurst (abroad) and Thomas Nevin (abroad) and Elizabeth Rachel Nevin his wife (abroad).
This document lists all the real estate held by Captain Goldsmith in July 1869. In this suit, Elizabeth Goldsmith spells out the money she has paid to George Matthews Arnold, amounting to more than the £837.10 she agreed to pay him in 1870:

5. The real property of or to which the testator was seised or entitled at the time of his death was as follows -

     (1.) Eleven cottages and premises situate and being Nos. 1,2,3,4,5,6,7,8,9,10 and 11 Vicarage Row in the parish of Higham in the county of Kent specifically mentioned in his said will and at the time of the testator's death let to weekly tenants.

    (2.) A small piece of land situate on the north side of the Gravesend and Rochester turnpike road at Gadshill in the parish of Higham demised to Edward Whitehead with the piece of land hereinafter described and numbered 9 for the term of 14 years from the 1st day of September 1869 at the apportioned yearly rent of 5s. And also another piece of land with 5 cottages or tenements thereon erected and built situate on the north side of the Gravesend and Rochester turnpike road at Gadshill aforesaid and called or known as Nos. 5,6,7,8, and 9 Higham Place and at the time of the testator's death let to weekly tenants.

    (3.) A piece of land with 4 cottages or tenements thereon erected and built and known as Nos. 1,2,3, and 4 Higham Place aforesaid and at the time of the testator's death let to weekly tenants.

    (4.) A piece of marsh land called or known as Lady's Tippet situate in the Salt Marsh called Higham Mead in the parish of Higham aforesaid and containing by admeasurement 3r. 1p. and at the time of the testator's death let to Mrs Mary Youens at the yearly rent of 10s.

    (5.) Four cottages or tenements and premises situate on the noth side of the aforesaid Gravesend and Rochester turnpike road in the said parish of Chalk and situate on the east side of the cottage and garden hereinafter described and numbered 10 which said 4 cottages or tenements were at the time of the testator's death let to weekly tenants.

   (6.) A piece of land situate opposite the "Lisle Castle" public-house on the south side of the aforesaid Gravesend and Rochester turnpike road in the said parish of Chalk and formerly let to John Craddock as yearly tenant which was sold by private contract in the year 1869 for the sum of £200.

   (7.) A piece of land containing by admeasurements 6a. 3r. 28p. with the messuage and premises thereon erected and built and called or known as "Gadshill House" situate at Gadshill aforesaid in the occupation of Andrew Chalmers Dods under and by virtue of an indenture of lease dated the 12th day of June 1869 and made between the said testator of the one part and the said Andrew Chalmers Dods of the other part whereby the said premises were demised unto the said Andrew Chalmers Dods his executors administrators and assigns for the term of 14 years from Michaelmas Day 1869 at the yearly rent of £165. The testator had in his lifetime bound himself to the said Andrew Chalmers Dods to enlarge the last mentioned house and had entered into a contract with a builder for the execution of such work. The defendant Elizabeth Goldsmith after the testator's death raised the sum of £500 on mortgage of the testator's real estate for the purpose of paying for the said work and the plaintiff submits that as between the said houses in Vicarage Row and the testator's other real estate such mortgage ought to be borne wholly by the testator's real estate other than the said houses in Vicarage Row.

   (8.) A piece of land containing 1a. 0r. 32p. with the messuage or tenement thereon erected and built and known as "Gadshill Cottage" situate and being at Gadshill aforesaid and formerly in the occupation of the said testator since then of the defendant Elizabeth Goldsmith but now of Charles Henry Walter under an indenture of lease dated the 13th day of August 1870 and made between the defendants Elizabeth Goldsmith William Bell Bentley and Alfred Bentley of the one part and the said Charles Henry Walter of the other part whereby the same premises were demised unto the said Charles Henry Walter his executors administrators and assigns for the term of 13 years and 48 days from the 12th day of August 1870 at the yearly rent of £70 payable quarterly.

    (9.) A piece of orchard land containing 3r. 20p. situate on the north side of the Gravesend and Rochester turnpike road at Gadshill aforesaid and adjoining the premises eightly described and which said piece of land (with the said small piece of land hereinbefore mentioned and numbered 2) was demised to the said Edward Whitehead for the term of 14 years from the 1st day of September 1869 and is now in his occupation at the apportioned yearly rent of £4. 15s.

   (10.) A piece of garden ground containing by admeasurment 1r. 30p. on the north side of the Gravesend and Rochester turnpike road with the cottage or tenement thereon erected and built situate in the parish of Chalk aforesaid and also a piece of orchard ground situate on the north side of the road leading from Gravesend to the village of Lower Higham amd lying in the parish of Chalk aforesaid and containing by admeasurement 1a.3r.32p. all of which premises are now in the occupation of John Craddock as yearly tenant at the annual rent of £30.

   (11.) Twenty-three cottages or tenements and premises situate in or near to the aforesaid road leading from Gravesend to Lower Higham in the said parish of Chalk all let to weekly tenants.

6. The defendants Elizabeth Goldsmith William Bell Bentley and Alfred Bentley have in exercise of the power of sale given to them by the said will sold the said hereditaments numbered respectively 1,2,3,4,5, and 6 and out of the proceeds of such sale and out of the testator's personal estate not specifically bequeathed the defendants Elizabeth Goldsmith William Bell Bentley and Alfred Bentley have paid the testator's funeral and testamentary expenses and debts except as hereinafter state including some part of the mortgage debts hereinafter mentioned.

7. At the time of the testator's death the principal sum of £294.2s.4d was due from him to George Matthews Arnold of Gravesend in the county of Kent gentleman and was secured by a deposit of the title deeds of the testator's real estate (excepting the said pieces of land hereinbefore described and numbered respectively 1 and 4). By indentures of mortgage dated respectively the 22nd day of July 1869 and the 1st day of January 1870 and made between the defendant Elizabeth Goldsmith of the one part and the said George Matthews Arnold of the other part All the real estate of the said testator was mortgaged to the said George Matthews Arnold to secure to him the aggregate principal sum of £836. 10s. inclusive of the sum of £194. 2s. 4d. part of the above mentioned sum of £294. 2s. 4d. The defendant Elizabeth Goldsmith alleges that the said mortgages were executed in order to raise money for the purposes of the contract in the testator's codicil mentioned. The sum of £100 (the residue of the said sum of £294. 2s. 4d.) was due in addition to the said sum of £836. 10s. and the sum of £15 has been paid to the said George Matthews Arnold on account of such debt of £100.

8. The defendant Edward Goldsmith [jnr] claims that the sum of £350 was owing to him by the said testator at the time of his decease and the same sum still remains unpaid.

9. By a decretal order of this Honorable made in Chambers and dated the 9th day of February 1871 made in the matter of the estate of the said testator and in a cause between the said Edward Goldsmith and the defendants Elizabeth Goldsmith Will Bell Bentley and Alfred Bentley defendants It was ordered that the following accounts and enquiries be taken and made -

    (1.) An account of the personal estate not specifically bequeathed of the said Edward Goldsmith the testator in the summons named come to the hands of the defendants Elizabeth Goldsmith widow William Bell Bentley and Alfred Bentley the executrix and executors of his said will or any of them or to the hands of any other person or persons by their order or for their use.
   (2.) An account of the testator's debts.
   (3.) An account of the testator's funeral expenses.
   (4.) An account of the legacies and annuities given by the testator's will.
   (5.) An enquiry what parts (if any) of the testator's said personal estate were outstanding or undisposed of and it was ordered that the testator's personal estate not specifically bequeathed should be applied in payment of his debts and funeral expenses in a due course of administration and then in payment of the legacies and annuities given by his will and it was ordered that the following further inquiries should be made and taken.
   (6.) An enquiry what real estate the testator was seised of entitled to at the time of his death.
   (7.) An enquiry what incumbrances (if any) affect the testator's real estate or any and what parts thereof. And it was ordered that the further consideration of the said matter and cause should be adjourned and any of the parties were to be at liberty to apply as they shall be advised.

10. Affadavits have been filed by the defendants Elizabeth Goldsmith -
um of £836. 10s. inclusive of the sum of £194. 2s. 4d. part of the above mentioned sum of £294. 2s. 4d. The defendant Elizabeth Goldsmith alleges that the said mortgages were executed in order to raise money for the purposes of the contract in the testator's codicil mentioned. The sum of £100 (the residue of the said sum of £294. 2s. 4d.) was due in addition to the said sum of £836. 10s. and the sum of £15 has been paid to the said George Matthews Arnold on account of such debt of £100.

11. The defendant Edward Goldsmith married after the testator's death with the consent of the defendant Elizabeth Goldsmith but has never had a child.

12. The plaintiff submits that the testator's real estate remaining unsold and the testator's personal estate specifically bequeathed ought to contribute ratebly with the proceeds of the sale of the said real estate already sold towards payment of the testator's funeral and testamentary expenses and debts and further that the said funeral and testamentary expenses and debts ought to be apportioned between the said eleven cottages in Vicarage Row which are by the said will contingently devised to the plaintiff and the said Elizabeth Rachel Nevin as aforesaid on the one hand and the residue of the testator's real estate on the other hand.

13. The said Thomas Nevin and Elizabeth Rachel his wife are resident in Hobart Town aforesaid out of the jurisdiction of this Honorable Court. No settlement or agreement for a settlement has ever been made before or after such marriage.

14. The said Mary Tolhurst had four children only living at the time of the testator's death that is to say the defendants Caroline Tolhurst Edward Tolhurst Richard Tolhurst and Matilda Tolhurst. The defendants Edward Tolhurst and Richard Tolhurst are resident at Ballarat in Australia out of the jurisdiction of this Honorable Court.

15. Under the circumstances aforesaid the plaintiff submits that the testator's real as well as personal estate ought to be administered and the trusts of his will carried into execution under the direction of this Honorable Court.

Source: Short title: Day v Goldsmith. Documents: Bill only. Plaintiffs:…
Reference:C 16/781/D50 Description:
Cause number: 1872 D50.
Short title: Day v Goldsmith.
Documents: Bill only.
Plaintiffs: Mary Sophia Day infant by Thomas Butter her next friend (both struck through).
Defendants: Elizabeth Goldsmith, William Bell Bentley, Alfred Bentley, Edward Goldsmith and Sarah Jane Goldsmith his wife, Caroline Tolhurst, Matilda Tolhurst, Edward Tolhurst (abroad), Richard Tolhurst (abroad) and Thomas Nevin (abroad) and Elizabeth Rachel Nevin his wife (abroad).
Amendments: Amended by order 1888. George Matthews Arnold added as a named party. Amended by order 1894. Sarah Jane Goldsmith widow added as a plaintiff. Amended by order 1894. George Edmeades Tolhurst added as a party. Amended by order 1908. Sarah Jane Goldsmith widow as a defendant and William Bell Bentley, Alfred Bentley, Brownfield Tolhurst and George Phillips Parker added as co defendants.
Date: 1872
Held by: The National Archives, Kew
Link: https://discovery.nationalarchives.gov.uk/SearchUI/Details?uri=C7908748

Whata Whata Surprise
Of special interest to the nieces of Captain Edward Goldsmith - Elizabeth Rachel (Day) Nevin and her sister Mary Sophia Day as daughters of his wife Elizabeth (Day) Goldsmith's brother Captain James Day back in Hobart, Tasmania - was the sale of the eleven cottages in Vicarage Row, Higham which their uncle had set aside as a bequest to them in his will. Photographer Thomas J. Nevin, Elizabeth Rachel Nevin's husband was named as an additional beneficiary.

Despite the catalogue's inclusion at Kent Archives of "Vicarage Row" along with the sale of Lady's Tippett to Robert Lake in the file #U36/T1810/5, he did not acquire those eleven cottages, marked off as LOTS 7, 8, and 9 on the insert in Cobb's catalogue 1870 for the sale of Captain Edward Goldsmith's estate. Those eleven cottages, still standing today and displaying a little plaque with the number and name Vicarage Row, located on School Lane, were still unsold when Mary Sophia Day unsuccessfully contested the will in Chancery in 1872. They were sold to the Rev. Joseph Hindle, the former owner of the house which Charles Dickens bought at 6 Gadshill Place in 1856, but he died two years later in 1874, whereon his heir, David Burn Hindle, a farmer of WhataWhata, south of Auckland (near Hamilton) in the north island of New Zealand, became the sole owner of these cottages, nine of which Captain Goldsmith had built in the 1850s.



Eleven Cottages, Vicarage Row, School Lane, Higham, Kent, UK
Sold in 1872 from the estate of Captain Edward Goldsmith to the Rev. Joseph Hindle
Screenshot: Google Earth 2021

Addenda

Addenda 1. Video - 360 degree view of the Higham salt marshes, Kent, UK



Virtual tour: 360 degree view of the Higham salt marshes, Kent, UK
Ben Holmes, Google maps, June 2018
Link: https://goo.gl/maps/MB3os3ekYXHxG1QC9

Addenda 2: the marsh at Higham Saltings 1880
Kent Archaeological Society 2017
http://kentarchaeology.org.uk/research/archaeologia-cantiana/

C. Roach Smith.1880.The Shorne Higham and Cliffe Marshes.
Archaeologia Cantiana.13:494-499.(p. 497)
Link: https://kentarchaeology.org.uk/node/9717

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THE SHORNE, HIGHAM, AND CLIFFE MARSHES
BY C. ROACH SMITH.
I WAS on the point of visiting the marshes between Higham and the Thames, in order to ascertain the correctness of Hasted, who describes a Roman causeway there, when the reception of a publication, by Mr. Thomas Kerslake* of Bristol, (in which this causeway is referred to, as evidence of the early state of these marshes,) gave me an additional motive to proceed in my object, without futher delay. I have now paid five visits to the marshes; chiefly in company with Mr. Humphry Wickham, and Mr. John Harris. Once we were joined by Mr. Elaxman Spurrell, who, it appears, has been for some time examining the marshes in relation to their ancient embankments, and the condition of the Thames anterior to, and during, the Roman domination.
Hasted's statement is as follows:—
"Plautius, the Roman General under the Emperor Claudius, in the year of Christ 43, is said to have passed the Eiver Thames from Essex into Kent, near the mouth of it, with his army, in pursuit of the flying Britons, who, being acquainted with the firm and fordable places of it, passed it easily (Dion Cassius, lib. lx.) The place of this passage is, by many, supposed to have been from
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* Vestiges of the Supremacy of Mercia in the South of England, during the Eighth Century, by Thomas Kerslake. (Reprinted from the Transactions of the Bristol and Gloucestershire Archaeological Society.) Bristol, 1879.

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East Tilbury, in Essex, across the river to Higham (by Dr. Thorpe, Dr. Plott, and others). Between these places there was a ferry on the river; for many ages after, the usual method of intercourse between the two counties of Kent and Essex, from these parts ; and it continued so till the dissolution of the Abbey here; before which time Higham was likewise the place for shipping and unshipping corn and goods, in great quantities, from this part of the country, to and from London and elsewhere. The probability of this having been a frequented ford or passage, in the time of the Romans, is strengthened by the visible remains of a raised causeway or road, near thirty feet wide, leading from the Thames side through the marshes by Higham southward to this Eidgway above-mentioned (Shorne Ridgway), and thence, across the London highroad on Gad's Hill, to Shorne Ridgway, about half-a-mile beyond, which adjoins the Roman Watling-street road near the entrance into Cobham Park. In the Pleas of the Crown in the 21st year of King Edward I, the Prioress of the nunnery of Higham was found liable to maintain a bridge and causeway, that led from Higham down to the river Thames, in order to give the better and easier passage to such as would ferry from thence into Essex."
Dion Cassius, mentioned by Hasted, is more diffuse on the exploits of Aulus Plautius than would be expected from this reference. The notes of Ward, printed by Horsley in his Britannia Romana, pp. 23 to 25, should be compared with the account given by Dion Cassius. This is highly important, as shewing the extent of marshy, unembanked land on the banks of the Thames, which, known to the Britons, caused the Romans great difficulties and loss of men. It may be safely inferred that both the embankment and the causeway, the object of our visits, were constructed soon after the perfect subjugation of Britain, which followed the invasion under Aulus Plautius and the Emperor Claudius in person.
Following a straight line from the highroad, which leads from Shorne Eidgway to the church at Lower Higham, we crossed a farm yard and a meadow; we

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then came upon an embankment, which we, at first, supposed to be the causeway mentioned by Hasted; but subsequent visits shewed that the two works were perfectly distinct. This embankment is a work of great engineering skill, and must have cost much time and labour. It belongs to, and is portion of, the extensive embankment of the Thames; but, to within a short distance from the river, it forms a grand combination of embankment and causeway, running generally in a straight line where it is possible to do so. Often, however, it deviates; evidently with a view to make available, on the western side, an ancient creek, which throughout has regulated its course. This creek causes turnings which were unavoidable to the constructors, who had decided on making use of it. They probably widened and deepened the creek. On the eastern side runs another creek, also accompanying the embankment throughout its course. This appears to have been cut to help form the raised ground ; while it also forms a land boundary, as does its wider companion on the western side. The base, of this great work, may be computed at about twenty-five feet, at the level of the marsh land; and it rises to the height of twelve to fifteen feet. On the side of the Thames, towards Gravesend, it is fully twenty feet high. Here it diminishes in width, at the top, to about three feet, from about six feet.
This important work branches off, at about half a mile from the Thames, to Cliffe; and, nearly a quarter of a mile onwards, to Gravesend. The Cliffe branch is very winding; and it shews, throughout, how its construction was regulated by local circumstances. It was built to secure from inundation all the better land, leaving to its fate, as not worth reclaiming, the portion

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nearer the Thames. The same was the case with the land on the western side. From the spot where is the divarication from the straight line from Higham, for a very considerable distance, a wide space of ground on the margin of the Thames is unenclosed. It was thought worthless; and over it the high tides have ever flowed and still flow. But the vast tract, of marsh and meadow land, protected by the embankment, has apparently been ever secured from the highest tides. Sheep and cattle graze upon it, in perfect security; it grows no marine plants, such as flourish on the river side; its creeks are full of fresh water plants, and fresh water fish.
Following the embankment to Gravesend, we noticed a very marked causeway, in the marsh, which seemed to point from Higham to a spot not very far from Gravesend.* It was in our endeavour, on a subsequent day, to trace this raised road, nearly thirty feet wide at its base, that we came upon Hasted's causeway. That, which was the immediate object of our search, was so intersected by water courses, cut since its discontinuance as a road, that, in endeavouring to recover it, by a long circuit towards the high ground at Beckly, we approached Higham in a new direction, and came upon the causeway at the upper part, near the village of Higham. It answers Hasted's description; is fully thirty feet wide; and in a pretty straight line, goes direct to the Thames, at a point opposite East Tilbury in Essex. Its elevation is sufficiently high to make it, at all seasons, fit for traffic of all kinds; and, though it be now somewhat out of repair, it bears, in numerous cart and waggon ruts, the marks of use as a highroad at a very recent period. If, instead of passing Higham church, towards the

*VOL. XIII. K K
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marshes, the road on the left be taken, and followed, in front of the houses and past them, the causeway will be found at a short distance. The last of these houses, the "Sun " beershop, bears also the significant name of the "Old Ferry House."
The magnitude, extent, and efficiency of these works, which I have attempted thus briefly to describe, point, I submit, to Roman origin. The absence of all evidence of the period of their construction, in historical or documentary works, tends to testimony in favour of remote antiquity. The notion that the land up to, and beyond, Lower Higham, was subject to submergence in historic times, is refuted by the discovery of Roman burials, in the low ground, opposite the old ferry house. I refer to Archaaologia Cantiana, Vol. XI, p. 113. The newly-made graves, in Higham churchyard, continually disclose fragments of Roman pottery and tiles, contributing to shew that the district was well populated in the Roman epoch.
I have, from evidences such as these, ever felt that there has been by no means such changes, in the low sea-marginal lands, during the historic period, as has been imagined by many.

Mr. Kerslake, in the paper I have referred to in the commencement of my remarks, has brought together many important evidences of the intercourse of Essex with Kent, by the Trajectus between East Tilbury and Higham, from the seventh to the tenth century; and these could, no doubt, be easily added to. He has also collected a large mass of valuable materials respecting the state of the entire district from Higham to Hoo, including the long disputed position of Cloveshoe, where, from the eighth century, so many royal and pontifical Councils were held.

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This he, with some of our best modern authorities, shews to be Cliffe-at-Hoo. He adduces, also, auxiliary evidence in the records of these convocations, to prove that the places designated "Cealchythe" and "Acle," are now represented by "Chalk," and "Oakley,"near Higham.
The importance of these meetings, which were witenagemots, or parliaments, as well as ecclesiastical synods, is shewn in the late J.M. Kemble's Saxons in England, vol. ii., p. 241, et seq. He cites numerous instances, extending, as regards these localities, from the seventh to the tenth century; but this accomplished scholar did not perceive, like Mr. Kerslake, their claims to a Kentish site.
Under the guidance of the Rev. H. E. Lloyd,* we examined the church of Cliffe and its environs, but failed to find any ruins of buildings assignable to the times of the great Councils. The foundation of the long wall, on the north of the church, appears to be of the same date as that edifice, and both contain broken gravestones used as building materials; but they are not, perhaps, above a century or two anterior.

* To Mr. Lloyd we are also indebted for introduction to his interesting Rectory, a well-preserved building of the thirteenth century, and for a hospitable entertainment there.

Addenda 3: Tithes 1881.
George Lake and nephew Robert Lake:
Extracts: A Hand-book of Higham: Or the Curiosities of a Country Parish
C. H. Fielding 1882
Page 3
G. Lake , Esq . , left , by Will , a sum of money towards the endowment of Higham Schools , which produces about £ 12 per annum ; this , with other subscriptions from persons variously interested in the Parish , goes to make up a fund of more than £ 75 a yeur , which maintains a good school in the Parish.

Page 23
St Mary the Virgin (Chalk Church)
In Memory of GEORGE LAKE , late of Oakley , In this parish , Who died 26th February , 1865 , Aged 72 years .

Page 25
To the honour and glory of God and in memory of Geo . Lake , who died Feby . 20 , 1863 , this window was restored and stained glass inserted :

Page 42
They became after this the property of Mr. George Lake , who died at Great Oakley in 1865 , and lies buried in Higham Church . His nephew, Mr. Robert Lake , succeeded him , but in 1881 left the place in the hands of his cousin , Mr. Charles Lake .

Page 65
TABLE VI . RATEPAYERS AND OWNERS OF HIGHAM

1881
James Lake
R. Lake
T. Lake
E. Lake
John Lake

Page 66 cont ...
The executors of Captain Goldsmith were still paying taxes on his Higham property in 1881, principally for Gadshill House on Telegraph Hill which his son Edward Goldsmith jnr inherited on the death of his mother Elizabeth (Day) Goldsmith in 1875. Edward jnr died at Rochester on 8th May 1883, just 46 years old, survived by his wife Sarah Jane (Rivers) Goldsmith who died in 1926. Both were buried with Captain Edward Goldsmith and Elizabeth (Day) Goldsmith in the family grave at St Mary the Virgin Church, Chalk, Kent, UK.

Addenda 4: video of Higham Marshes
View composer David Bowdler's video of the Higham Marshes and St Mary the Virgin Chalk Church where Captain Goldsmith's grave is located.



At Youtube: Video by David Bowdler, a musician and composer from Kent in England.
"A journey across the Higham Marsh to the Church on the Edge.Charles Dickens daughter was married at this Church, St Mary's"
Link: https://www.youtube.com/watch?v=zMpQPTarOhE

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