CAPT. MACHIN AND THE KAIKOURA.

West Coast Times, Issue 840, 2 June 1868, Page 2

CAPT. MACHIN AND THE KAIKOURA.

The case of Captain Machin, late master of the Panama Company's steamer Kaikoura, is, by the medium of the "New Zealand Gazette," 22nd ult.,again before the public in a soirewlmt unexpected form. Many of our readers will doubtless remember that in coancctton with the above steamer's ! narrow escape from shipwreck on the west j coast of the North Island during her passage from Sydney to Wellington, a court of enquiry was held last year upon the conduct of Capt. Machin, who was charged with drunkenness. The court found him guilty, and — provisional to the confirmation of the Governor, which confirmation is made imperative by section 242 of the Merchant Shipping Act, 1854, a section not repealed by the new Act of 1852— directed that hi 3 master's certificate should be cancelled. The report of the inquiry was forwarded to the Board of Trade in London through the usual channel, and the dispatch of Sir George Grey upon the subject enclosed a petition from Captain Machin, praying for a mitigation of sentence. Cantain Machin's appeal to tho Board was, however, unnecessary, as from some unexplained causo the sentence was notconfirmed by tho Governor, and, therefore, the terms of the Act not being complied with (a mere informality), the Board of Trade had no option but to regard tho sentence as invalid and return Captain Machin his certificate. This decision of the Board of Trade was forwai'ded to tho New Zealand GovernI ment by the Duko of Buckingham, Secretary for the Colonies, in" a dispatch from which we make ihe following extract : — " I referred Sir George Grey's dispatch to the Board of Trade, and I transmit to you a copy of that letter, which has been received on the subject from that department. I have to draw your attention to the remark 'of the Board in paragraph five of the letter, that the confirmation by the Governor of the sentence passed on tho master should be either | expressly given or oxprcssly withheld. In the latter case it will bo necessary that ■ the Govornor should alwajs give his reasons for withholding the confirmation. In returning Captain Machin hia certificate, you will be pleased to inform lam of the rea- | sons which have guided the Board of Trade in their decision of his case, and make him clearly understand that drunkenness should - not, in their lordships' opinion be treated with leniency, especially in the case of the master of a passenger steamer, whore but one act of insobriety may lead to the loss of a ship and cargo, and may prove fatal to the passengers and crew. If it had nob been for the informality of the non-con- ! urination of the sentence by tho Governor, which has compelled them to return Mr Machin's certificate, it would not have been returned." Our preliminary remarks and the above extract contain the substance of tho letter of the Board of Trade, and we, therefore, deem it unnecessary to publish the letter in extenso. Paragraph five, however, as showing the desire of the Board to strictly abide by the decision of the Courts of Enquiry Jwherever held, we give, and also paragraph eight, which we heartily endorse. Paragraph five says—" Tho board direct mo to point out for His Grace's information, that the object of the Act of 1862, in transferring tho power of cancelling certificates from the Boanl of Trade to the Court which hears the case, wa3 to leave decisions depending on evidence to those who have the best, meaus of judging its value, and that consequently the Boru-d of Trade are in all cases reluctant to attempt to interfere with those decisions, except on the clearest grounds. This reluctance renders it, however, all the more necessary that tho confirmation of the sentence of the Governor should either be expressly given or oxpressly withheld." Paragraph eight concludes the letter, and' runs as follows :— " The Board of Trade trust that tho informality which in this case has compelled them to return Mr Machin's certificate will not lead to any serious consequences, as they would wish to believe that the act of drunkenness of which Captain Machin wa3 found guilty will prove to be single aud exceptional."