No. 41

I have the honor to acknowledge the receipt of your Despatch No 1,
[Marginal note: This is not at present in the Department ABd 24/3] of
the 19th of June last, with copy of the Act 12th and 13th
Victoria, Chap: 96, providing for the prosecution and trial, in Her
Majesty's Colonies, of offences committed within the Jurisdiction of the Admiralty.

I observe with much satisfaction, that my proceedings in the
investigation, relative to the loss of the Brig "William," have met with
your approval, and I have also perused with much attention, your remarks
in reference to the forms observed in erecting Vice Admiralty Courts,
which I now understand cannot be organized, without a special authority,
from the Lords of the Admiralty.

The temporary appointments for the Vice Admiralty Court made by me,
in this Colony, will therefore be immediately suspended; and no further
measures taken, in reference to the organization of a Vice Admiralty
Court, without instructions from the Lords of the Admiralty.

The proceedings in the Vice Admiralty Court of this Island, were
confined to the investigation into the loss of the Brig "William,"
already reported and approved, by Her Majesty's Government, and to
another case, respecting certain claims made by the officers and seamen,
for 
wages due, and by the Hudson's Bay Company, for non-delivery of
cargo; against the British Ship "Colinda."

The history of that case, is briefly as follows. The "Colinda"
under the command of John Powell Mills, was chartered by the Hudson's
Bay Company, to carry a cargo of Goods and 212 passengers, Coal Miners,
and other hired Servants, of the Hudson's Bay Company, from London to
the Port of Victoria, Vancouver's Island, without touching at any
intermediate Port. Captain Mills, notwithstanding put into the Port of
Valdivia, in consequence, as he declared, of the mutiny of the
Passengers, who compelled him to take that course.

The "Colinda" was by order of Admiral Moresby, taken to Valparaiso,
and the passengers were there tried, before a naval court, for "mutinous
and piratical conduct," at the suit of Captain Mills, and 
acquitted:
the latter having failed in proving the charges made against them, and
having by order of the Court, to pay the costs of suit.

The Passengers almost to a man, refused to proceed on the voyage
under the command of Captain Mills, and left the "Colinda" at
Valparaiso, with the exception of seventeen; who arrived here in the
ship.

Captain Mills while at Valparaiso, also sold a large part of the
cargo, of the value at Invoice cost, of about 3000, consigned to the
officer in charge of the Hudson's Bay Company's Establishment, at
Victoria, then represented by Mr John Work.

Captain Mills having failed in delivering the passengers and cargo,
as required by the charter party and Bill of Lading, and not being
disposed to come to any equitable arrangement, with the Agents of the
Hudson's Bay Company, or to give them security for the cargo 
not
delivered, Mr Work acting on their behalf applied for redress, to the
Vice Admiralty Court, and obtained an injunction against the ship, which
was in due course made over to him for adjustment of the Hudson's Bay
Company's claim. These proceedings will I trust, be found strictly in
accordance with right and justice, and though a question will arise, as
to the authority of the Court, granting the Process, there can be no
question in regard to their justice and propriety. The difference
having been since adjusted in another manner; the "Colinda" has been
restored to the owner Mr Tomlin, of London, who authorized me, by
Power of Attorney, to supersede Captain Mills, and to appoint another
Master, to take the ship to England; which I have accordingly done.

I have also perused with much attention your valuable remarks, on
the object and intent of the Act 12th and 13th Vict: Chap: 96,
providing for the prosecution and trial of offences, committed within
the jurisdiction of 
the Admiralty in Her Majesty's Colonies, and shall
be guided by your opinions therein stated, in respect to the trial of
such offences.

I feel much indebted for your kind offers, of assistance, in those
respects, and I shall take every opportunity of communicating with you,
in all cases, when in want of directions.