Thomas Clarkson - CLASHES WITH THE
CAMPBELLS
During the entire year of 1819, as well as all the
other litigations,
Thomas was embroiled in a dispute with Robert Campbell and his son,
Robert the younger. Robert Campbell, formerly of Greenoch, Scotland,
was a merchant who arrived in Sydney in 1798 on the ship "Hunter". He
quickly established a trading business in buildings he erected on the
Western side of Sydney Cove.
As far back as 14 April 1813 Robert Campbell, the
younger, had been
awarded a judgement against Thomas Clarkson to recover debts of
£147/15/- plus costs. A writ of Fieri Facias was issued on 17
June 1814 to make up a levy of £153/11/4 from Thomas' goods. It
appears it was never executed and possibly some agreement was reached
between Clarkson and Campbell at the time. However, the 12 September
1817 saw the same case back in court and another Fieri Facias writ
issued that day, again in favour of Campbell.(31)
On 8 January 1818 the debt was still unpaid.
On 15 February 1819, Thomas Clarkson, builder,
received notice to
appear before the Supreme Court of Civil Judicature on the following
day to answer the complaint of Robert Campbell, the younger of Sydney.
Campbell was claiming damages of £100.(32)
It was alleged that on 13 October 1818, Thomas
Clarkson of Hunter St,
became liable for payment of a bill of exchange, due three months from
that date and payable to Robert Campbell, for the sum of £62/2/2.
Though often approached and asked to make good his obligations to pay,
Thomas Clarkson just kept promising. In addition Campbell claimed that
by the 1 February 1819 Thomas was in debt to him for £100 and
that by December, that debt had reached £300.(33)
Thomas Clarkson, builder, was sued on the 17 April
1819 for the
original £100, and when he did not appear to respond to this, a
writ of Capias was sworn out against him on 20 May by the combined
Campbells, and Thomas was duly arrested.(34)
This legal action included a Bill of Exchange for
£74/3/10 which
Thomas Rowley had drawn and made over to Thomas Clarkson, and other
debts which amounted to a total of £800. Judgement was signed on
14 January in favour of the Campbells and Judge Barron Field ordered
that they recover their debts.
Thomas offered up his Warrant of Attorney to secure
payment of
£559/9/4 with interest, computed from the day of the Warrant
until 12 January 1820.
and
which said sum of £559/9/4 is the same sum as mentioned in a
certain indenture of … mortgage and which said mortgage together with
the within Warrant of Attorney are to be void on payment of the said
sum.(35)
This was a desperate bid to secure the premises he
had mortgaged to
Campbell Junior on 12 November 1819 and could be regained up until 20
January 1820.
This mortgage included;
All
that brick built lately erected and built by Thomas Clarkson at
number 13 Hunter Street being the Corner of Hunter and Phillip Street,
now in the tenure or occupation of Dr Lawrence Halloran.(36)
As well, the three Pitt Street premises, numbers 71,
72 and 73 in the
occupation of John Wood, James Mordant and Sarah Wilkinson were
inclusions.(37) These had been purchased from George Guest by Thomas
himself.(38) All this for £559/9/4. Now secured! That left the
residue to pay another day.
Amid all of this, Thomas once again drew up a
mortgage with Robert
Campbell, this time in October 1819 and this took in the premises at
the four corners of Hunter and Phillip Streets, "now in the occupation
of Isaac Hood and his undertenants, together with all buildings".(39)
For the pledging of this property, Campbell advanced
him £1104,
subject to redemption of the said properties on payment of the money by
7 April 1820.
On the 1st October a summons was issued from
Campbell to recover
£50 on a Bill of Exchange which had been dated 27 January 1818
and "payable on a date now past".(40)
This bill was referred to in the case brought
against Thomas by Murray
in November when Murray had cause to state that he would have included
it in his debts but that Thomas had already settled with Mr Campbell on
that score. It was paid.
On 9th December Thomas borrowed £100 from
Robert Campbell payable
on request, yet "the said Thomas Clarkson although often requested hath
not yet paid". The verdict given in the courts on this score was in
favour of Campbell and a writ of Fieri Facias was issued on Thomas'
goods.(41)
The year of 1819 had been one of legal battles but
Thomas had managed
to retain his properties and was able to brace himself for the arrival
of 1820.
His property list for 1820 was to include another
rural acquisition.
for on 20 September 1819 he had purchased 120 acres of land in the
District of Cooke, at Bringelly, from Benjamin Johns. The land had been
granted to Johns on 31 August 1819 and barely three weeks later Thomas
contracted to lease the land for five years and to pay the 5/- quit
rent. This transaction was witnessed by Capa Pass and George Jubb.(42)
These 120 acres were bounded on the East, South,
North and West by
farms belonging to Hook, Ward, D'Arcy Wentworth and James Hassel
respectively and the property was one which remained in Thomas'
possession until he died.(43)
Page last updated - 7 July
2006