Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to Cardwell, Edward 15 September 1864, CO 305:23, no. 9944, 268.
Abstract
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.
No. 76, Miscellaneous
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.
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.
misunderstanding which exists, and I would feel obliged if this were
done without unnecessary delay.
Minutes by CO staff
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.
Mr Elliot
I apprehend that this complaint shd be referred to the For: Office, and that Lord Russell shd be requested to cause an investigation to be made into it by the B Minister at Washington.
I apprehend that this complaint shd be referred to the For: Office, and that Lord Russell shd 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 Secy to lay these papers before Earl
Russell & to move His Lordship to communicate on the subject with the
British Minister at Washington.
Documents enclosed with the main document (not transcribed)
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 Wooton,
14 September 1864, responding to his
enquiries with a detailed explanation of the course of events.
Other documents included in the file
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.