No. 1

I have to acknowledge your despatch of the 13th March last,
reporting your investigation into the causes which led to the wreck of
the Brig "William" which you appear to have conducted with a readiness
and vigilance very advantageous to the public Service.

2. With regard to the question raised as to your legal authority:
the steps which you have taken, if, I rightly understand them, seem to
have been substantially justified by the clause in your Commission as
Vice Admiral, giving you cognizance of the view of bodies of persons who
came to their deaths in the sea or public streams &c.

3. But I fear that to organize a Vice Admiralty Court is, strictly
speaking, beyond your power either as Vice Admiral or under your
Commission as Governor. A special authority from the Lords of the
Admiralty is required for that purpose. And no such Court has, as yet,
been established by their Lordships in Vancouvers Island, in
consequence, partly, of the difficulty arising from there being no
professional lawyer to whom a Commission as Judge could issue. You have
addressed the secretary of State in another despatch, still under
consideration (of 7th January last) representing the wants of the
Settlements in this respect. They shall be attended to as far as is in
my power, but I fear that it will not be easy to secure you the services
of a properly qualified person.

4. In the meantime I wish to direct your attention to the
provisions of the Act 12th and 13th Vic. C. 96
"to provide for the prosecution and trial in Her Majesty's
Colonies of offences committed within the Jurisdiction of the Admiralty."
Under the provisions of that Statute, any person, within any Colony, may
be tried for offences committed on the Sea, or in any place where the
Admiralty has Jurisdiction, by the ordinary Courts of such Colony. It
appears to me, therefore, that you are fully empowered, without
constituting any Admiralty Court, to enquire into all cases of suspected
homicide or personal injury committed on the Sea, if the persons under
suspicion are within the Colony, and to bring them to trial if any ground
for such proceeding be established, precisely in the same way as if such
offence were alleged to have been committed on land within the Colony.

5. It will be my endeavour to give you such assistance as is in my
power in these respects, together with legal advice if necessary, while
you are still deprived of the service of a professional adviser; and I
wish you to communicate with me whenever you are in want of direction.