No. 56, Miscellaneous
17th July 1865
These documents are so
explanatory explanatory that they require little comment
from me.
Subsequently to the receipt of
Acting Governor Evans' letter, the
American Consul resident in
Vancouver Island called upon me in
company with a Gentleman interested in the Ship "
Maria" desiring to
"come to some arrangement on the subject." I informed him that I
regretted it was wholly out of my power to become a party to any
compromise and recommended that the vessel should be given up
to to the
proper authorities in this Colony to be dealt with according to law.
I pointed out the incorrectness which might arise to American as well
as British commerce by the establishment of such a precedent as that
of permitting an English vessel to take refuge in an American port
without a clearance or papers of any kind, and declining to give her
up when demanded.
The Consul led me to expect
that that the "
Maria" would be placed within
Colonial jurisdiction, but this has not been done and I have not
received any further communication from Acting Governor Evans which
the last paragraph of his Despatch led me to expect.
I am credibly informed that this vessel has since been at
San
Francisco.
While I deem it my duty to bring this matter under your notice I may
at the same time
add add that the most friendly relations exist between
the neighbouring United States Authorities and myself.
I have the honor to be,
Sir,
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
Mr Elliot
I suppose it will be right to communicate copies of this despatch
&tc &
to the B
d of Trade, & also to the F.O.
Mr Cardwell
To both those Departments for consideration?
I venture to draw your attention to the letter of the
American
Governor on account of the extreme courtesy of it's tone, and of the
anxiety he expresses to meet the wishes of our Government.
We shall hear about it from higher authority, but I confess that to
my unlearned eyes it seems difficult to understand how the American
Governor could have forcibly returned an English Ship to our Colony.
We should be rather surprized, I should think, if the American
Government addressed a similar request to us.
To both offices. When we reply to
Governor Kennedy we should notice
the Letter of the U.S. Governor to which
Mr Elliot has referred.
Documents enclosed with the main document (not transcribed)
Kennedy to
Elwood Evans, Governor of
Washington Territory,
23
May 1865, advising that the
Maria, recently arrived in
Victoria from
Hong Kong, had been
found in violation of the "Chinese Passengers Act
1855" and was
liable for seizure, but had suddenly sailed without clearance or
papers to the United States, and asking that the ship be detained
and given up to the colony.
Evans to
Kennedy,
27 May 1865, advising of his earnest desire to
comply with the wishes of the governor, but informing that he had no
authority to act in the manner requested, with enclosures.
Evans to
F.A. Wilson, Collector of Customs, District of
Puget
Sound,
27 May 1865, forwarding copy of
Kennedy's letter and expressing
regret for his inability to act, but asking that the captain of the
Maria be urged to return to
Victoria.
Other documents included in the file
Elliot to
E. Hammond, Foreign Office, and
J. Booth, Board of
Trade,
19 September 1865, forwarding to each a copy of the despatch
and enclosures for consideration.