Michael D.Heath-Caldwell M.Arch.

1831 - 1832 - 1833

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James Heath R.A. - aged 74/75                          

George Heath Serjeant-at-Law  - aged 52/53                
Anne Raymond Heath (ne Dunbar) - aged 44/45     

Julia Anna Harrison (ne Heath) - aged 24/25        
John Moore Heath - aged 23/24              
Douglas Denon Heath - aged 20/21           
Dunbar Isidore Heath - age 16/17              
Leopold G. Heath R.N. - age 14/15            
Emma Jane Heath (later Whatman ) - aged 10/11    

   

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Douglas Denon Heath to his brother John Heath.

Mathematical Tripos

J.H.HEATH, Esq 
18, Gower St. CAMBRIDGE,
Jan. 27th, 1832.

Dear John,
I am 1st, and Laing is 2nd, and West is to call on the Chancellor, so I suppose he has run Laing hard.  I have not yet enquired whether there is an inside place by the Star, but I have no doubt of getting one by that or the Telegraph.
Yours truly,
D.D.HEATH.

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Saturday 28 January 1832
London Evening Standard.

Forfar County Election Committee. - Second Day, Thursday.

The committee met at eleven o'clock. John Hay, the last witness, was called back, and stated that the copy of the deed produced was a correct copy. The copy was produced in the Court of Session in Scotland, where it was received as authentic, and even since then witness had it compared with the original.

Mr.Harrison contended for the production of the deed itself. It could be obtained by the Speaker's warrant. It could be got at. They should go by the rule of evidence. He (Mr.H.) did not know whether it was a valid deed or not. It never was intended that these cases should be regulated by Scotch law - Scotch law was, of all others the most illustrative.

The Chairman wanted to know if what was received as evidence in the Court of Scotland, and in the House of Peers, was not to be admitted as such by that committee?

Mr.Harrison said it was in some cases resisted in the Scotch Courts. The reason why he called upon the committee to reject it was, that he was a third party.

Mr.Serjeant Heath, in reply to Mr.Harrison, said that the original deed was deposited not only for safe custody, but to be acted upon. It was a record. Scotch law ought to prevail in this case. The House of Lords was constituted for Scotland as well as England - so was the House of Commons. If that committee sat in Edinburgh (as part of the empire) to decide an English election case, would such a committee not allow the case to be judged by English law?  The Committee of Privilege was most strict. The Speakers's warrant could not produce the deed without the consent of the Court of Session.

Mr Harrison said the Committee of Privileges proceeded under a guard of restrictions, which prevented imposition - the Attorney General at one side and the Judge Advocate at the other. If either said that they should have the original deed, it should be produced. He denied that the copy of the deed could, according to the principle of law and justice, be brought against him. He was not bound by the copy; the deed should be produced. It was only there that he could see whether it was valid or not.

Strangers were here ordered to withdraw; and, after a few minutes.
The Chairman stated that it was the opinion of the committee that the extract (copy) be admitted.

James Ogilvy was then sworn. He proved the payment of the annual allowance to Mr.Laire; that he (Laire) was but twenty-two years of age, and that he had voted.
Mr.Harrison rose to reply. The learned gentleman cited a number of cases, but rested principally upon that of Sir Alexander Campbell, who, without being in possession, under a deed from his father (Sir James Campbell) had exercised his right to vote.

Mr.Keay then made some further remarks, when strangers were again ordered to withdraw, and, after remaining out for about 20 minutes, the Chairman said - I have to inform the counsel that it is the opinion of the committee that David Laire was not qualified to vote at the late election for the county of Forfar.

The committee then (half-past three o'clock) adjourned to 11 o'clock tomorrow (this day)
Thus, one vote had been struck off against the sitting member.

Third Day - Friday
The whole of this day was occupied in hearing the objections against the vote of Mr.David Rollind.

Mr.Serjeant Heath opened the case upon this particular. The learned gentleman urged four objections - 1.That the voter had not taken and subscribed the necessary oaths. 2. That he was not an heir apparent in possession of sufficient land. 3.That, with what he was possessed of as heir apparent, conjoined with what he possessed in his own right, he was not with both qualified to vote. And, lastly, that he was not in possession at all.
Mr.Harrison objected to the second point, upon the ground that the list which the opposite party are bound to present before the case commences, and which is to contain all the objections that are to be made, in order that the other party may be duly apprised to meet them, did not particularise this objection.

Mr.Heath contended that the notice, and the terms of the objection contained in it, were sufficiently full to convey the intentions of counsel for petitioners.

Strangers withdrew and the committee decided for Mr.Serjeant Heath.

The learned gentlemen then proceeded. The act of William and Mary (a Scotch act) required the oath of allegiance to be taken by a voter at an election. A certain assurance, also, it was indispensible to sign; and also to take the oath of abjuration. Every voter took and subscribed there but Mr.Rollind. He was not heir-apparent to a sufficient amount. He (Rollind) himself only claimed to be heir-apparent to £151 and to have £256 in his own right. Even here the learned gentlemen would show that he parted with five acres of his land, which would reduce the total below 400/., the required amount, if even he (counsel) admitted (which he would not) that he should vote upon the whole sum of £400 in his own right. Last, he (Rollind) had sold the land. He was, indeed, still feudally clothed,but it was a fiction to call him a possessor.

As soon as the learned gentlemen closed his statement, witnesses were called as to the points urged above, and, after they were all examined briefly, the committee adjourned (half-past three o'clock) until eleven tomorrow, this day, resolving to devote a longer time than usual to the case that day.

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Thursday 2 February 1832
Perthshire Courier

Forfar County Election Committee

The following are the names of the Committee appointed to try the merits of the Forfarshire election petition - Mr.C.Cavendish,Mr.Petre, Mr.Burrand, Mr.Mangles, Mr Pendeaze, Lord Valletort, Mr.O'Neill, Sir R.Price, Sir Gray Skipwith, and Sir Clifford Constable.

The Committee met on Wednesday for the first time, when Mr. Serjeant Heath opened the case. It appeared that at the election for the county, in last October, there were 46 voters for the sitting Member, and but 44 for the petitioner. The whole case rested upon the attempt to invalidate three of the votes of the sitting Member, which, if effected, would give a majority for the petitioner; or, if even but two, it appeared that, by the constitution of election courts in Scotland, the chairman had a casting vote, and in this instance had resolved to give it to the petitioner. 

The votes objected to were those of David Laire, Robert Rollind, and William Ogilvy. The objection to Laire was that he (Laire) was not, when he voted, possessed of an estate. The objection to Rolllind was, 1st, that he had not subscribed to the oaths, 2d. that he had not an heir apparency of £400 Scots. 3d. That he was only a trustee.5th, That he had made away with portions of his land since possession. And his objection to Ogilvy was on the ground of informality.

Second day - Wednesday  - The Committee met a eleven o'clock. James Ogilvy proved the payment of the annual allowance to Mr.Laire; that he (Laire) was but 22 years of age, and that he had voted. Mr.Keay (one of the Counsel for the petitioners) then proceeded to sum up upon this particular case at great length. As soon as he had done. Mr. Harrison rose to reply. The Learned Gentleman cited a number of cases, but rested principally upon that of Sir Alexander Campbell, who, without being in possession, under a deed from his father (Sir Jas. Campbell) had exercised his right of voting. 

Mr.Keay then made some further remarks, when strangers were again ordered to withdraw and, after remaining out for about 20 minutes. The Chairman said - I have to inform the Counsel that it is the opinion of this Committee that David Laire was not qualified to vote at the last election for the county of Forfar. Thus, one vote has been struck off against the sitting Member.

Third day - Friday - The whole of this day was occupied in hearing the objections urged against Mr.David Rollind.

Fourth day - Saturday - The Committee were occupied the entire day in hearing Mr.Keay sum up the evidence against the vote of Mr.Robert Rollind;and Mr Serjeant Spankie and Mr.Robinson in reply. 

Mr.Keay said that the objections urged by Mr Serjeant Heath in his opening statement, were all fully sustained by the evidence - any one of which objections was quite sufficient to annul the vote. 

Mr.Serjeant Spankie, in reply contended, that Mr.Rollind had, to all intents and purposes, taken and subscribed the oaths. That he had taken them was admitted; but, because he did not sign in three places instead of one, it was alleged that he had not subscribed. Adjourned at 4.

Fifth day - Monday - The Committee decided by a majority of eight to three, that the Hon.D. Gordon Hallyburton was duly elected, and that the opposition by the Hon.Donald Ogilvy, the member who was returned , was not frivolous or vexatious.

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Friday 3 February 1832
Cambridge Chronicle and Journal

University Intelligence.
The late Dr.Smith's annual prizes of £25 each to the two best proficients in mathematics and natural philosophy among the Commencing Bachelors of Arts, were on Friday last adjudged to Douglas Denon Heath, of Trinity college, and Samuel Laing of St.John's college, the first and second Wranglers.

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Saturday 4 February 1832
Norfolk Chronicle

Cambridge - Feb.2.

The late Dr.Smith's annual prizes of £25 each, to the two best proficients in mathematics and natural philosophy among the Commencing Bachelors of Arts, were on Friday last adjudged to Douglas Denon Heath of Trinity College,and Samuel Laing of St.John's college, the first and second Wranglers.

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Wednesday 15 August 1832
The Heath Family Engravers - Volume 3 - by John Heath

Letter - From Charles Heath to William Miller, engraver.

My dear Sir,

I have received your Plate for the 'Picturesque Annual' and like it very much. Standfield is gone, and though he might perhaps have improved it, yet it is so beautiful that I am quite satisfied. 

The Turner you have just received touched, I should feel particularly obliged if it were possible for me to receive by Monday next, as I find I cannot go till then to France, as I expected, and I should very much wish to take a Proof with me, the subject is so good. The vignette I shall be obliged to you to make as exquisite as possible.

The price of your Plates I think perfectly just, excepting the two you charge forty five guineas, which I must make Fifty Guineas each. I shall therefore enclose a Bill for One Hundred Pounds in this Letter, as I have a stamp that will just cover that amount; the balance shall be added to the next Bill I have the pleasure of sending you. 

I shall forward, tomorrow or Friday, a Drawing by Turner for the 'England and Wales,' and a Drawing by Turner for the next year's 'Keepsake,' which if you could get done by next February, I shall feel very much obliged. I shall send on likewise for Mr.Horsburgh. 

I shall feel particularly obliged if you will say how many 'Picturesque' and how many of the small Turners you can do for me by the end of next July. I will send you the Drawings before Christmas, and some in October and November, as both Stanfield and Turner are gone to make the Drawings, and I shall [sic] them directly they return. 
Mr.Turner, I am afraid, will not be in London when your Vignette is done; therefore you must do as well as you can without his touches. 

I hope you will give me as much of your time as possible, and do me as many Plates. I have some idea of visiting Edinburgh; if I do, I shall certainly give you a call. Does Horsburgh work on steel, and would he like to do any Annuals?

Yours etc.
Charles Heath
 

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The Heath Family Engravers - Volume 2 - by John Heath

2 September 1832
Steel Engraving - 

Fine Arts
In the profusion which the graver pours forth, we are really at this period in our history, troubled with 'embarras de richesse.

The gold, it is true, it not in the endless form of grace and taste of the jewellers shop, delight and temptation without end. We owe this to the invention of graving on steel, which multiplying without deteriorating impressions, has fed the the market that can be so distrubuted to the mutual advantage of the speculator and the public. "The burthen that we love is light" as we are told; and if so the table of the boudoir or drawingroom will not groan under, as it might, and consistently ought, but rejoice in the load that is now heaped upon it . . ."

In speaking of steel engraving, the first in honour is Mr.Charles Heath, for he led the way, and in Annuals is facile princeps. His success, great as it has been deserved, in The Keepsake, has made him bold to extend the range of his influence over the public, which will, we apprehend, be marvellously augmented in the coming season by two new works -An Annual Tour by Turner, and his Book of Beauties, culled from imaginary and other beings of the softer sex in Bryon and Scott. Hereafter we shall enter further into their merits." 
 

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Friday 5 October 1832
Albion and the Star
Court Circular
On Monday last the following gentlemen, Bachelors of Arts, of Trinity College, Cambridge, were elected Fellows of that society:- Joseph Mann, Thomas Barrow Burcham, Thomas Wilkinson and Douglas Denon Heath.

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Friday 5 October 1832
Cambridge Chronicle and Journal

On Monday last the following gentlemen, Bachelors of Arts, of Trinity college, were elected Fellows of that society: - Joseph Mann, Thomas Borrow Burchanon, Thomas Wilkinson, and Douglas Denon Heath.

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Friday 19 October 1832
The Heath Family Engravers - Volume 3 - by John Heath

Letter  - From Owen Rees to Thomas Moore, the poet.
My dear Sir, 

Mr.Longman being at Brighton, I wrote to him respecting Heath's proposal to you and requested he would communicate with Dr.Lardner, who was also at Brighton. 
Mr.L. told Lardner that he should agree to you engaging with Heath, provided you would fix a time for completing the History of Ireland. Lardner's answer, which has been sent to me is in these words;

My dear Sir, Before I received your note I had just written to Mr.Moore on the subject. The fact is that the patience of the public has been somewhat tried by the long announcement and the slow performance of the History of Ireland. I am fully convinced that if we cannot produce it within the next year we shall suffer materially and I doubt much whether as a commercial speculation it will yield advantages equal to its cost. Perhaps Mr.Moore could fix a definite time for its completion.

Would it be considered a fair limit to say within the near 1833, the first volume being ready for publication on the 1st May? Indeed I am so apprehensive after all efforts of not coming forward in some way with this long promised work that I have ventured at all hazards to announce Vol.1 for 1st May.

Mr.Longman hopes you will make Heath engage for a term of years and not be liable to be turned off at any whim of his. Indeed you should enter into a regular Agreement. 
I have received the picture and will consult respecting it. Would there be any objection to Heath's engraving it in the [illegible] if you come to terms with him?

Heath is very anxious that you should agree with him and has been urging me to press you on the subject.

I am, My dear Sir, Yours very sincerely, 
Owen Rees,
[of Longmans, the Publishers]

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Tuesday 30 October 1832 - London
The Heath Family Engravers - Volume 3 - by John Heath

Letter - from Owen Rees to T.Moore, the Irish Poet.
My dear Sir,

I have received £50 safe, and have given directions for the payment of the Bill when presented. The boooks for Miss Moore shall be sent to Dublin the first opportunity.
I am sure you will admit how ready we have at all times been to meet your wishes even to our own disadvantage; but Dr.Lardner says that he is so pledge and repledged to the History of Ireland by Mr.Moore that he cannot in honor or interest accept your offer 'to be off your bargain.' He has indeed constantly letters from friend and foe to answer on the subject , and is obliged to repeat advertisements to evince his sincerity.

Heath has been out of town, but I have an appointment with him for tomorrow, when I will see when any easier plan can be contrived for you to execute without interfering with the History.

Owen Rees.

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Wednesday 7 November 1832
The Scotsman.

Police Inhabitants Committee

To the Editor of the Scotsman, Edinburgh, 29 Oct.29, 1832

Sir, - I regret to see that the question of the expenses incurred by the Inhabitants' Committee, relative to the Police Bill, has given rise to heats and animosities which every one who has any right feeling-,whatever opinion they may have formed on the subject, must wish to see allayed.

I perceive that much misconception still prevails among individuals on both sides, regarding matters of fact connected with it, and as I was unexpectedly, almost accidently, placed in a situation to be cognizant of all the transactions in London, and conceiving that a right understanding of facts might tend to reconcile and cannot conduce to irritate, I imagine that without rendering myself liable to a charge of unwarrantable interfering in a matter where my opinion can have little weight, I am not only justified, but bound to state occurances. - - - -

The proceedings of the majority of the late Police Board - who introduced the draft of the bill - those of the Ward Meetings and their committee - of different public bodies, and of the public meetings of inhabitants, and the nature and extent of the opposition to this proposed bill are sufficiently known, and need not be touched on.  - - the inhabitants not to oppose a police bill for Edinburgh, but to oppose this bill; 1st because, even if it were a good one,the inhabitants had been allowed no opportunity of judging of it, after, as the commissioners alleged, very extensive alterations had been made on it; next, because when they last saw it, they conceived it to be a very bad one,  - - - -

The conference was a perfectly amicable one, all professing in that stage of the proceedings not to be contending parties, but acting only for the interest of the inhabitants of Edinburgh, and I can testify that the gentlemen appearing for the Commissioners, acted throughout this meeting in a perfectly fair and gentlemanlike manner, not as partizans, but as really desirous of making what they considered the best arrangement for the public. I trust that my colleagues and I, gave them no reason to think otherwise of us.

Mr Sergeant Heath, indeed, stated at the outset, that though he came there as Counsel for the Commissioners,he considered himself to be Counsel, or rather arbitrator, for both parties, that he would judge on all points with reference to the public of Edinburgh, without regarding from which side the matter emanated, and without thinking of the triumph of one side or the other. 

This view of parties, no longer being combatants, but as mutually engaged for the public advantage, was particularly insisted on by the gentlemen appearing for the Commissioners.  - - - continues - - - 

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Tuesday 13 November 1832
Charles Heath to Dawson Turner

My dear Sir,
I have the pleasure with this [letter] of sending you a large paper copy of the "Keepsake" and "Picturesque Annual" when the two other are published [I] shall send them together with all the Proofs.

I am in your debt, and the M.S. of the Keepsake. I hope you will excuse the delay.

I have I assure you enough to do to get out four Books

With best respects believe me, most truly yours.
Charles Heath

 

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1833

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