Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Fane, W. D. to Adderley, Charles Bowyer 3 September 1866, CO 305:30, no. 8593, 61.
Abstract
Fane, W. D. to Adderley, Charles Bowyer 3 September 1866, CO 305:30, no. 8593, 61.
Public Offices document.
Minutes (2), Other documents (1).
Fane to Under-Secretary of State
I am directed by the Board of Trade to acknowledge the receipt of
your letter of the 11th ultimo, forwarding, with reference to
previous Correspondence, a Copy of a further Despatch from the
Governor of Vancouvers Island, relative to the loss of the Mail
Steamer "Labouchere" (on the Coast of California)—and to the
Inquiry held in the matter.
With reference to the opinions of the Chief Justice and the Acting
Colonial Attorney General (referred to in the Despatch) as to the
power of the Governor of V.C. Isld to hold such Inquiry—and to
the request of the Governor for Information as to the propriety or
otherwise of the course hehas
has pursued—and for any Instructions
that may be deemed necessary for his future guidance.
has pursued—and for any Instructions
that may be deemed necessary for his future guidance.
I am to offer the following observations for the consideration of
Lord Carnarvon:
In most of the British Colonies there are Colonial Acts authorizing
Inquiries into Wrecks—but it would appear, from the opinion of the
Acting Colonial Attorney General, that there is no such Act in
Vancouvers Island:
Even where there are these Acts the Board of Trade are led to doubt
whether they would apply to such a Case as the present, as it seems
at least questionable whether a Colonial Legislature can authorize
an Inquiry into the loss of a British Ship not registered in the
Colony, if the loss of such Ship happens outside the limits of
Colonial Jurisdiction—andthis
this is a point which will be borne in
mind when the Imperial Act is amended.
this is a point which will be borne in
mind when the Imperial Act is amended.
In the present Case however the Board of Trade are of opinion that
notwithstanding the want of Statutory sanction the conduct of the
Governor in holding the Inquiry in question should be approved.
Minutes by CO staff
Mr Elliot
Acknowledge rect of the Governor's despatches Nos 34, 37 & 40—send him a copy of this Letter for his information, & approve his proceedings in the matter.
Acknowledge rect of the Governor's despatches Nos 34, 37 & 40—send him a copy of this Letter for his information, & approve his proceedings in the matter.
The report referred to in 7160 was made to the Governor—therefore
it is unnecessary to send it to him: but perhaps we may express
Lord Carnarvon's disapproval of the want of care in conveying "Her
Majesty's Mails."
ABd
4 Sepr
I infer from the manner which the Packet is [one line off
microfilm] Colonial Government. Therefore after acknowledging and
approving as above proposed I should simply add the following Par:
The report of the Board of Inquiry states that HM's Mails were not
stowed in a proper part of the Ship and were less attended to than
private letters and papers. I do not doubt that your attention
will have been attracted by this passage, and that in any
subsequent contract for the carriage of mails you will have
inserted any provision which may appear best suited to ensure
proper attention to their safety.
TFE
5 Septr
