No. 40, Separate
Referring to my Despatches named in the margin
34, 17th May 1866.
37, 2nd June 1866.
I have now the honor to transmit copies of a correspondence which
preceded the inquiry into the loss of the Mail Steam Packet
"
Labouchere."
You will observe that the Acting Attorney General in his Minute (N
o
248 dated
27th April) advised
me me that "no inquiry could be held
here." Dissenting from that opinion and impressed with the great
importance of having the cause of such a grave disaster inquired into
and placed on record, I addressed myself confidentially to the Chief
Justice, who in a verbal reply advised me that my Commission alone
conferred general powers for such a proceeding. The evidence and
Report you have already before you.
My
My object in now addressing you is to ascertain your opinion of the
propriety or otherwise of the course I have pursued and to receive
any instructions you may deem necessary for my future guidance.
You will not fail to observe that the wreck of the "
Labouchere"
occurred on the coast of California and therefore beyond my
jurisdiction in ordinary cases.
I have the honor to be,
Sir,
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
At once. Yes. I think so as they have the matter still before them
& as the Atty G. may be wrong about the effect of the Mercht
Shipping Act.
Documents enclosed with the main document (not transcribed)
Minute of
W.A.G. Young, Colonial Secretary,
26 April 1866,
advising the matter had been referred to the Attorney General for
report whether an official inquiry should be commenced.
Memo,
T.L. Wood, Acting Attorney General,
27 April 1866,
advising that he could find "no authority for an inquiry being held
in this Colony as to the particulars of the wreck," with explanation.
Young to Chief Justice,
28 April 1866, asking whether the
requisite authority was conferred in his own commission, or was within
Kennedy's power, to institute an inquiry, the governor disagreeing
entirely with the opinion of the attorney general.
Other documents included in the file
Colonial Office to
T.H. Farrar, Board of Trade,
11 August 1866,
forwarding copy of the despatch and enclosures for information.
Minutes by CO staff
Mr Blackwood
See your Minute on 7601. Is it necessary to send a Copy of the Post
Office letter of
26 July? The Report of the enquiry (last enclosure)
was received by the Post Office from
the Bd of Trade and as the information contained in the second
enclosure is identical with that sent by the
Govr
I think not under the circes stated.
People in this document
Blackwood, Arthur Johnstone
Cardwell, Edward
Farrer, Thomas Henry
Jadis, Vane
Kennedy, Arthur
Mason, Charles
Rogers, Baron Blachford Frederic
Wood, Thomas Lett
Young, William Alexander George
Vessels in this document
Labouchere, 1858
Places in this document
Point Reyes
San Francisco
Vancouver Island