<persName ref="prs:kennedy_a"><surname>Kennedy</surname>, <forename>Arthur</forename></persName> to <persName ref="prs:cardwell"><surname>Cardwell</surname>, <forename>Edward</forename></persName> 15 September 1864, CO 305:23, no. 9944, 268. Kennedy addressee Cardwell

Published by Jim Hendrickson and the University of Victoria.

Kennedy, Arthur to Cardwell, Edward 15 September 1864, CO 305:23, no. 9944, 268.The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.6, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V64176.html. CO 305:23 CO 305 23 9944 268 76 Miscellaneous V.I. 1864 received 29 October co_305_23_00270r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Despatch to London. Minutes (3), Enclosures (untranscribed) (4), Other documents (1).

Kennedy forwards correspondence regarding a fine imposed on the Alexandra while trading at Port Angeles. Kennedy suspects that the fine is unlawful and imposed by the owner of a rival American Steamer. The Colonial Office minutes their decision to hand the matter over to the Foreign Office.

 Kennedy, Arthur Cardwell, Edward Added abstract. Inserted revisionDesc.
No. 76, Miscellaneous 9944, CO 305/23, p. 268; received 29 October 15th September 1864 Sir

I have the honor to transmit papers relative to fines imposed upon a British Steamer, the "Alexandra" in the course of her trading to Port Angelos in the Washington Territory, United States.

I lean to the belief that these fines have been improperly imposed, and I have reason tobelieve believe that the Collector at Port Angelos (United States) holds the same opinion.

It would appear that the law has been put in motion by the owner of the "Eliza Anderson" a rival American Steamer on the same line to enable her to monopolize the trade.

I feel sure that the matter only needs to be brought under the notice of the proper authorities at Washington to rectify anymisunderstanding misunderstanding which exists, and I would feel obliged if this were done without unnecessary delay.

I have the honor to be, Sir, Your very obedient Servant A.E. Kennedy Governor
The fines seem to have been inflicted under "An act to amend an act entitled 'An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam'" Aug. 30. 1852 ch. 106. U.S. statutes at Large Vol X. p. 61.

The 42nd section (p. 75) enacts that "this act shall not apply to public vessels of the United States or vessels of other countries." and the 44th section repeals "all parts of Laws heretofore made which are suspended by or are inconsistent with this act."

Probably therefore the U.S. authorities would at once disallow the act of the Collector of Customs at Port Angelos, who, according to Gov. Kennedy's account, seems to have imposed the fines (for some reason unexplained) in spite of his own opinion that it was improper to do so.

CSP
Mr Elliot I apprehend that this complaint shdshould be referred to the For: Office, and that Lord Russell shdshould be requested to cause an investigation to be made into it by the B Minister at Washington. ABd 29 Oct
To the F.O. Request the Under SecycompanySecretary to lay these papers before Earl Russell & to move His Lordship to communicate on the subject with the British Minister at Washington. TFE 29/10 EC 1 Novr
William Moore to Kennedy, no date, advising that as owner and master of the "Alexandra" he had been "obstructed in the prosecution of Lawful Voyages, between this Port and Ports on Puget Sound," and asking for assistance in resolving the unfavourable situation.
Formal protest submitted by Moore, dated Port Angeles, 6 August 1864, detailing the fines unfairly levied upon his vessel.
Henry Wootton, Harbour Masters Office, to Acting Colonial Secretary, 14 September 1864, forwarding information from the American authorities relative to the disputed fines.
William Pickett to WootonWootton, 14 September 1864, responding to his enquiries with a detailed explanation of the course of events.
Elliot to E. Hammond, Foreign Office, 3 November 1864, forwarding copy of the despatch and enclosed protest and asking that the information be communicated to the British Minister at Washington.