Paget to Under-Secretary of State
15 Febr 1865
I am commanded by My Lords Commissioners of the Admiralty to transmit to you a Copy of a Letter from Rear Adml Denman with Enclosures and Plans from Colonel Foster on the Subject of his Pier in Esquimalt Harbour. My Lords also direct me to enclose a report of the Hydrographers on this matter & I am to request that the attention of Mr Secretary Cardwell may be called to the subject, in order that such steps as may be deemed advisable may be takentoManuscript image to obviate the inconvenience which may arise as pointed out in the report of their Lordships Hydrographer.
I am
Your very humble Servt
C. Paget
Minutes by CO staff
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Mr Elliot
I think it wd be sufficient to send the Governor a copy of Capn Richards' report of the 14th instant (last Enclosure) for his information & guidance: but it wd make the case more clear to Govr Kennedy to send him copies of all the papers.
Inform theManuscript image Admiralty whichever course is taken.
ABd 26 Feby/65
I think that the safest way will be to send to the Governor the whole of the letters and also the Chart. With reference to the wish intimated by the Lords Comrs of the Admiralty, I should instruct him to settle the matter in concert with the Admiral in such manner as, without putting Coll Foster to any unnecessary inconvenience, shall be consistent with the public interest and with the possible future requirements of the Navy.
TFE 22 Feby
CF 23
EC 24
(N.B. And in answer to Admy, I wdsend them, for their
infn, copy of the despatch to the Governor.
TFE 22/2)
Documents enclosed with the main document (not transcribed)
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Copy, Denman to Secretary to the Admiralty, 6 December 1864, forwarding correspondence and plans in reference to a pier built by Colonel Foster at Esquimalt Harbour and suggesting that the structure be allowed to stand on condition the Royal Navy be given free use of the facility as required.
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Foster to Denman, 27 November 1864, explaining how he came to build the wharf and advising that he did not "knowingly or wilfully" violate crown rights, with enclosures.
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G.H. Richards, Hydrographer, to J.D. Pemberton, Surveyor General, 7 February 1859, advising that a pier proposed to be built by a Mr. Nagle from his property into Esquimalt Harbour appeared acceptable, and providing justification for his opinion.
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W.A.G. Young, Colonial Secretary, to Foster, 23 October 1863, advising that there would be no objection to the construction of a wharf into the harbour providing certain restrictions were obeyed.
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Vice Admiral Kingcome to Foster, 13 August 1864, advising that his wharf had impinged the rights of the crown and that he "must be prepared to abide by any decision that may be hereafter made in this matter," but adding that he did not feel the wharf a detriment to the harbour.
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Report explaining how Foster's pier differed from the original proposal and suggesting that although the wharf did not currently present a serious impediment, no water rights should be conceded by the Admiralty in order to ensure that Foster would be liable for any future damage to the facility, signed by Richards, 14 February 1865.
Other documents included in the file
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Draft reply, Cardwell to Kennedy, No. 11, 27 February 1865.
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Elliot to Admiralty, 1 March 1865, forwarding copy of the despatch to Kennedy as noted above.