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Benjamin Snell (1752-1831) appears in the records held at the National Archives as a principal creditor in the affairs of John Kingdom, baker, of Truro. The records (catalogue number J90/521) consist of exhibits deposited in evidence in the case of litigation for payment of money due on a French Government bond assigned by John Kingdom to Benjamin Snell and other creditors in settlement of the claims of these creditors, and represent a fascinating insight into the life and times of Benjamin Snell. The records consist of some 20 items, copies of letters, circulars and depositions from and between individuals and their legal representatives, together with extracts of legal documents, spanning the period from 1799 to 1822. Benjamin Snell appears in these records, with his occupation recorded as ‘corn factor’. I have summarised the essence of the story with my own commentary on the contemporary history which surrounds it.
John Kingdom’s misfortunes started in 1799 when he was induced by a certain John Vochez resident at Bakers Street, in the parish of St Marylebone, London, and acting as agent of the French Government to supply bread to French prisoners of war held at ‘The Depot’ in Plymouth, Devon. The United Kingdom had been at war intermittently with revolutionary France since 1793, when the French ambassador was sent home on declaration of war by the revolutionary government in France. Hostilities at the time were conducted mainly by the British fleet, and 1799 saw Napoleon’s plans for the conquest of Egypt dealt a blow by the British victory in the Battle of the Nile in which the French fleet was destroyed by the British under the command of Nelson, thus trapping the French army in Egypt – perhaps the French prisoners of war resulted from these naval engagements.
At this time John Kingdom was in business as a baker in Plymouth Dock (called Devonport since 1824). To pay for this service, John Vochez presented John Kingdom with a bond for the penal sum of £10,000, allegedly backed by the French Government, to secure the services of John Kingdom and his partner William Arthur for the sum of £5,000 plus lawful interest, in a contract dated 10 January 1800. In the event, the bond was not honoured by John Vochez, although John Kingdom had continued to trade on the strength of the bond. In 1803, he was forced to declare that he could not meet his commitments, and his legal representative, Robert Bone, issued a circular to his creditors, dated 5 April 1803, as follows:
“I am directed by Mr Kingdom of this place (Plymouth Dock) Baker to say that from the very heavy debt that has been due to him from the French Government this considerable time past he finds himself altogether incapable of satisfying the demands of his creditors some of whom have already threatened hostile measures against him……………..He assures me that he has had so many and repeated promises from Mr Vochez (from whom he has a Bond) of paying this money that he was in great hopes ‘ere this of satisfying every one and which made him continue on in business but finding it impossible to maintain himself and his family with such a heavy pressure of debts and threats of arrest he has been obliged to step out of the way until he knows the sentiments of his Creditors………(presumably at this point, John Kingdom departs for Truro!)”
In his circular of 1803, Robert Bone, on behalf of John Kingdom, assigns the proceeds of the Bond to his creditors; “…He directs me to say that he is perfectly willing to assign the rights in the Bond which amounts to £1900 and upwards and also his present Stock in Trade Baking Utensils and Household furniture, which he values at £250 to his Creditors on their giving him General Release and Undertaking to refund to him what surplus there may be after paying each Creditor 20 shillings in the pound (amounting to 100% repayment of the debt owed, for those who cannot recall our British currency pre-decimalisation!)……” In the event, the Bond was assigned to three named creditors, representing a total number of 22 creditors, in a deed dated 8 June 1803. The named creditors were:
At the time of the assignment of the Bond, a total list of the creditors is as follows, who were owed a total of approximately £1524.
|
Name |
Place of Residence |
Occupation |
£ |
s |
d |
|
Mr. Hekels |
Exeter |
Factor |
300 |
- |
- |
|
Mr Burnell |
Plymouth |
Baker |
200 |
- |
- |
|
Mr Drake |
Crediton |
|
64 |
- |
- |
|
Mr Dingle |
Exeter |
Miller |
93 |
- |
- |
|
Mr Walke |
Stonehouse |
Miller |
140 |
- |
- |
|
Mr Snell |
Dock |
Corn Factor |
100 |
- |
- |
|
Mr Cornish |
St. Germans |
|
100 |
- |
- |
|
Mr Rice |
|
Miller |
41 |
- |
- |
|
Mr Hemmings |
Densford, near Exeter |
Miller |
32 |
18 |
- |
|
Messrs Robson & Peter |
Plymouth |
|
47 |
14 |
- |
|
Mr William Bickford |
Millbroke |
|
20 |
- |
- |
|
Mr Bennett |
Millbroke |
|
15 |
- |
- |
|
Mr Chisall |
Hensonford, near Looe |
|
14 |
- |
- |
|
Mr St. Aubyn |
Dock |
|
24 |
- |
- |
|
Mr Sumpter |
|
|
15 |
- |
- |
|
Mr Cowley |
St Germans |
|
100 |
- |
- |
|
Mr Keeler |
Plymouth |
Baker |
17 |
- |
- |
|
Mr Rice |
Near Exeter |
|
92 |
- |
- |
|
Mr Topham |
Plymouth |
Baker |
10 |
- |
- |
|
Mr Barshall |
Near Launceston |
Miller |
14 |
16 |
- |
|
Mr Marsh |
Marsh Mills |
|
64 |
- |
- |
|
Mr Crossing |
Morice Town, Dock |
|
20 |
- |
- |
It is difficult to determine whether John Vochez is a hero or villain in this business. He appears to have been an American citizen, although no doubt of French extraction. He was appointed by the French Minister of Marine to contract for the sustenance of French prisoners of war held at various prisons within England. At that time, the upkeep of prisoners was organised by a system of private contracts. John Vochez comes to light in a court case which he brought in 1798 against a wine merchant, Simmons, of Plymouth whom he had contracted to supply bread and beer to the French prisoners held in the Mill Prison and in the prison hulks. He complained that Simmons and the persons (Alder and Arthur) who Simmons had sub-contracted, had not provided provisions of sufficient quality. It was alleged that if beer was rejected as bad at one ship, it was carried to another until finally accepted. Some credence can be given to these allegations since they were supported by none other than Captain Lane, a naval officer who had responsibilities for the superintendance of French prisoners. Although John Kingdom's name does not feature in the reports of this case contained in The Times, certainly William Arthur, Kingdom's partner, is mentioned.
A second case of this nature appears in the record, although in this case John Vochez is defendant and the plaintiff was described as an eminent surgeon and apothecary named Blatherworth. In this case, Blatherworth had been contracted by Vochez to look after French prisoners held at Portchester Castle in Hampshire and complained that Vochez had not paid him his proper due by withdrawing prisoners from his care. Vochez defence is that the prisoners were neglected.
Whatever the truth of these individual allegations, it is clear that Vochez owed money to a large number of creditors, these debts being guaranteed by the French government. He appears to have died in 1804, as reported in several newspapers including "The Morning Chronicle of 19 May 1804, where the following item appears in a series of death announcements "Lately, at Paddington, John Vochez, Esq. Contractor General in the last war for maintaining French prisoners."
The United Kingdom remained at war with revolutionary France for many years marked by many battles, including the famous naval Battle of Trafalgar in 1805. Napoleon’s attempt to invade Russia ended in the retreat from Moscow in 1812, beaten by the Russian winter. In 1814, Napoleon’s European empire collapsed, with British troops under Wellington advancing from Spain towards Toulouse in the Spring of 1814, and the Russian Tsar entering Paris in March, 1814. The self-styled Emperor Napoleon conceded defeat and was exiled to Elba. A peace conference was set up in Vienna to carve up Europe following the turmoil of the European Confederation and the attempts to strangle British trade imposed by Napoleon’s military conquests in Europe. The victorious allies reinstalled the Bourbon monarchy in France in his stead and exiled Napoleon to the island of Elba. However, the end of Napoleon’s reign had not quite arrived, and veterans flocked to his colours following his escape from Elba. The final end for the French Emperor was signalled by the Battle of Waterloo in 1815, in which British and Prussian armies finally defeated Napoleon and his marshals. However, as the British commander Wellington admitted afterwards “it was a damned close run thing”. Napoleon was exiled to St Helena where he died a few years later.
John Kingdom recognised a solution to his financial problems may be at hand and continued to pursue his claim on the Bond by making claims for reparations against the French Government of the time. In a letter, dated 26 August 1814, John Kingdom’s solicitors write to him at Truro, saying that papers had been returned from the Commissioners (for War Reparations) because “your claim is not for Property illegally confiscated by the French Authorities or for sums invested in French funds”. A second letter dated 15 September 1814 says that there has been more obstruction, and suggests bringing the matter to the attention of Lord Castlereigh at Vienna. John Kingdom, now residing at Truro, received a letter from his solicitors, Darke, Church and Darke dated 3 November 1815, apologising for any delay in informing him of the progress of his claim, but saying that the “distressed state of France prevents prompt payment of the claim”.
John Kingdom continued to pursue his claim for reparations from the French Government, and was finally rewarded by success. In a letter dated 13 September 1821, his solicitors Darke, Church & Darke write to him informing him of a favourable judgement from the Commissioners “after many years of suspense”. A “Statement of Prosecution of a Claim on the Fund ceded by France under the late Treaty of Peace, Convention No.13 (London 7 June 1821)” records that the “Balance due for Bread supplied to French Prisoners of War in 1799 by William Arthur and John Kingdom by a contract secured by a Bond of John Vochez on behalf of the French Government dated 10 January 1800” amounted to £5651 16s 7d “but of which certain sums were paid off in the lifetime of the said John Vochez up to 5 May 1801 amounting to £2150 1s 9d, leaving a balance of £3501 14s 10d exclusive of interest from 5 May 1801”.
John Kingdom’s undoubted relief at seeing his debts finally settled after so many years of litigation unfortunately caused him to forget that he had assigned his share in the Bond to his creditors, represented by Benjamin Snell, John Walke and William Burrell. A letter to John Kingdom from his solicitors, Darke & Church, dated 14 June 1822 question who has the legal right to receive the money, also making the ominous prediction regarding the costs incurred in obtaining judgment that “the deductions out of the final payment will be considerable”.. The creditors’ solicitor, Mr Rodd, has written to Darke & Church claiming that he has signed over the Bond to the creditors which John Kingdom now denies. In a letter dated 31 December 1821, (which also provides a neat summary of the whole business) Rodd & Bone write to Darke & Church, in a flurry of indignation:
“Gentlemen, On the receipt of your letter of 21st instant we immediately waited Mr Burnell who could scarcely conceive it possible that Kingdom would have dared to insinuate that he was not considerably indebted not only to him but to a large body of Creditors also. Fortunately the Trustees are all alive and many others are now living who can bear satisfactory testimony independent of the documents in our possession, that Kingdom and Arthur were the Sub-contractors for supplying the French Prisoners of War at this depot, and that a considerable and that a considerable sum of money is due to them in respect of that contract, and that in the year 1802 a debt of £3700 was proved under the Commission against Benjamin Lane (who was the principal contractor under John Vochez who was the accredited agent of the French Government) at the second meeting as due to Arthur and Kingdom Bakers for such supplies – Kingdom’s insolvency as well as Lane’s was wholly occasioned by the French Government departing from their Engagements, and the Creditors of Kingdom out of compassion to him and his Family consented to release consented to release him upon Assignment of all his Effects. It appears that Vochez and Lane, being largely indebted to Arthur and Kingdom on the 10th January 1801, gave their joint and several Bond to them for securing £5000 – We suppose however by the proof upon the file of the Commission which is dated 21st December 1802 that £1300 must have been paid in part discharge of their Bond debt.
By the Copy of the letter herewith sent you will immediately perceive that there cannot be the least reason for supposing that our clients are making demands for which there is no foundation. Upon this letter Kingdom’s Creditors were brought together, and as we have before stated a Deed of Assignment an Abstract of which is herewith sent was duly executed by Kingdom whereby all his Effects became vested in Trustees – This Deed with an Abstract of the debt due to Kingdom’s Estate accompanied by a Letter of Attorney to Mr Eastlake and Mr Bird the Barrister (who were then at Paris on behalf of the Claimants under Vochez’s Agency) was duly forwarded by us to these Gentlemen – They had however quitted Paris before the parcel reached them, and the papers are now remaining as we understand at the proper Office there otherwise we should not have had the slightest objection to have forwarded the same to you - Surely after this statement Kingdom will not have the daring effrontery to dispute the properly as well as the legality of the claim made on behalf of his Creditors – We are quite sure that that you will not countenance any attempt by this Man to defeat the demand made on the part of the Trustees – If Kingdom had paid his debts or had releases from his Creditors (which, as you say, may possibly be the Case) of course he would have the Vouchers or Deeds to shew in support of the protest he appears now to make - He well knows however that he cannot honestly resist the claim, which the Trustees are making, that they are men above, even suspicion of, committing a dishonorable Act, and if resisted that they are such as will convince Mr Kingdom that “Honesty is the best policy” – Having thus given you a long narrative of all that exists between the parties, we confidently rely on you, that you will have the goodness to assist out Clients views.”
A postcript to the end of this saga may be found in the letter to The Times dated 11 July 1828, published under the pseudonym of 'Veritas'. This letter complains that the creditors of the then 'late' John Vochez had not been totally paid in full from the monies transferred from the French government through the agency of the French ambassador, M. Otto. In fact the British government had appeared to appropriate some £250,000 to the Commissioners of Woods and Forests even though some creditors had not been paid in full!
İRoger Donne 2003-2008
Updated 26 October 2008