CO885-(10-11) — Page 108

8693.

MY LORD DUKE,

No. 82.

(GAMBIA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, September 27, 1861.

We were honoured with your Grace's commanda, signified in Sir Frederic Rogers' letter of the 16th instant, stating that he was directed by your Grace to request that we would report to you our opinion on the question raised in the accompanying Despatch from the Governor of Her Majesty's Settlement on the Gambia.

That the facts were stated in a letter from the Colonial Queen's Advocate, which formed one of the enclosures to the Governor's Despatch, and the question for our con- sideration was, whether, under the circumstances there stated, the Colonial Government was liable to pay damages in consequence of the wreck of the "Golden Rule," first on the supposition that the wreck was caused by the misconduct or incapacity of the pilot, and next, on the supposition that it was not caused by such ignorance or incapacity.

In obedience to your Grace's commands, we have considered the accompanying papers, and have the honour to

Report

That we think there is no ground for any claim against the local or general Govern- ment in respect of the loss of the "Golden Rule"; even assuming that the loss could be traced to ignorance or want of due care on the part of the pilot; the utmost to be exacted from the authorities is reasonable care in selection of pilots, and that the Pilotage Ordinances seem to ensure.

We have, &c.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

&c.

16478.-193.

15.-2/86.

(Signed)

WM. ATHERTON. ROUNDELL PALMER.

*

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

10

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