Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to Cardwell, Edward 3 December 1864, CO 305:23, no. 1333, 473.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (3), Other documents (1).
Kennedy sends Smith’s resignation as Superintendent of Police as well as correspondence regarding allegations
of bribery in the Victoria Police Force. Kennedy considers Pemberton’s simultaneous roles as Commissioner of Police, Governor of the Gaol, and Stipendiary
Magistrate to be
incompatibleand suggests that Pemberton’s conduct has been suspect. Elliot casts blame for the situation on Douglas. He minutes:
Every mail brings fresh evidence of the gross neglect (at best and if nothing worse exist) of the Administration of these Countries by Sir James Douglas K.C.B.Fortescue and Cardwell express their appreciation for the
character & calibreof Kennedy in his measures to
eradicate abuse & to establish a sound & satisfactory administration of the Police.
No. 100
3rd December 1864
Sir
1. I have the honor to transmit the copy of a letter from Mr A.F.
Pemberton, the Commissioner of Police, covering a letter from Mr
Horace Smith, tendering his resignation as Superintendent of Police,
accompanied by a second letter denying that he had ever given Mr
Pemberton any money onaccount
account of "bribes."
account of "bribes."
2. While I deem it unnecessary to trouble you with voluminous
documents relating to this subject, it is desirable that you should
be in possession of a summary of the facts.
3. My attention had been for some time directed to the discreditable
condition of the Police and Gaol of this Colony when the complaint of
a discharged Sergeant of Police afforded a clue to the discovery of
allegedirregularities
irregularities.
irregularities.
4. Having instituted inquiry and consulted the Acting Attorney
General he advised that Mr Horace Smith, Superintendent of Police
should be indicted for misdemeanour for having received numerous
bribes to permit gambling in various public houses and for other
immoral purposes.
5. When all legal and some questionable means had been resorted to
for the purpose of defeating the case before the Magistrates(of
(of whom
Mr Pemberton was one) the case was sent to trial before the Chief
Justice and a common Jury who could not agree, ten being for
conviction, and two for acquittal.
(of whom
Mr Pemberton was one) the case was sent to trial before the Chief
Justice and a common Jury who could not agree, ten being for
conviction, and two for acquittal.
6. Mr Smith by his counsel then made application for trial before a
special Jury which was granted by the Court, and on this occasion
there were ten for
acquittal and two for conviction.
7. On the day after the last trial Mr Smith anticipated my
intention to dispense with hisservices
services by tendering his resignation,
which I accepted subject to your approval.
services by tendering his resignation,
which I accepted subject to your approval.
8. The proceedings in this case have made it very clear that the
Police Force has been corrupt and inefficient from a period anterior
to Mr Smith's entering it, and that Mr Smith, the sergeants, and
privates of the Force have been compensating themselves for
insufficient salaries by receiving bribes on a large and systematic
scale.
9. The
9. The organization and system pursued in the Department facilitated
the proceeding to the utmost.
10. Previous to and for some time after my arrival here, the whole
patronage of the Department was vested in the Commissioner—and
Superintendent of Police, Sergeants, and privates were appointed and
dismissed without any regular inquiry or reference to superior
authority, and I met with some opposition and much dissatisfactionwhen
when I put a stop to this practice.
when I put a stop to this practice.
11. Mr A.F. Pemberton holds the incompatible appointments of
Commissioner of Police, Governor of the Gaol, and Stipendiary
Magistrate—an arrangement which I think ought never to have existed,
and which after recent disclosures cannot be permitted to continue.
12. Without attributing any criminality to Mr Pemberton I cannot
acquit him of very great neglect or want of capacity as Commissioner
of Police, therehaving
having been in my opinion ample grounds to raise his
suspicions long before the complaint of bribery and corruption
reached me.
having been in my opinion ample grounds to raise his
suspicions long before the complaint of bribery and corruption
reached me.
13. I will at an early period report for your information and
approval the measures I adopt to prevent a recurrence of such a
scandal to the public Service.
Minutes by CO staff
Mr Elliot
Ack & approve the Governor's acceptance of the resignation by Mr Smith of his Office of Superintendant of Police.
Ack & approve the Governor's acceptance of the resignation by Mr Smith of his Office of Superintendant of Police.
ABd
13 Feb
Every mail brings fresh evidence of the gross neglect (at best and if
nothing worse exist) of the Administration of these Countries by Sir
James Douglas K.C.B.
It is some
satisfaction to see the efforts at improvement which have
begun since these Colonies have received Governors of different
origin and more regular training. Mr Kennedy earned his credit in
the Colonial Service by his courage in grappling with abuses at
Sierra Leone.
satisfaction to see the efforts at improvement which have
begun since these Colonies have received Governors of different
origin and more regular training. Mr Kennedy earned his credit in
the Colonial Service by his courage in grappling with abuses at
Sierra Leone.
Acknowledge this despatch and approve what he has done?
TFE
13 Feby
A Governor of the character & calibre of Mr Kennedy was evidently
much wanted in Vancouver.
CF
14
Express satisfaction that the Governor is taking vigorous measures to
eradicate abuse, & to establish a sound & satisfactory administration
of the Police.
EC
15
Documents enclosed with the main document (not transcribed)
Copy, A.F. Pemberton, Commissioner of Police, to Henry Wakeford,
Acting Colonial Secretary, 30 November 1864, forwarding copies of two
letters from Horace Smith, Superintendent of Police.
Smith to Pemberton, 30 November 1864, denying that he had told
Sergeant Blake that Pemberton had ever received bribe money from
himself or any other source.
