H.—l

4

Lord Carnarvon has forwarded a copy of your letter to the Board of Trade, and has recommended your observations to the special attention of that department. I am, &c, Julius Vogel, Esq. W. R. Malcolm.

No. 3. Mr. W. E. Malcolm to the Hon. Sir J. Vogel. Sic,— Downing Street, 11th June, 1875. With reference to your letter of the 3d of May, and to the reply from this office of the 11th of that month, I am directed by the Earl of Carnarvon to transmit to you the enclosed copy of a letter from the Board of Trade, on the subject of your observations in regard to the condition of boats on board emigrant ships and the penalties imposed by law on the broaching of cargo, I am, &c, Sir Julius Vogel, K.C.M.G. W. E. Malcolm.

Enclosure in No. 3. Mr. T. H. Fabeeb to the Undee Seceetaet of State, Colonial Office. Board of Trade, Whitehall Gardens, 7th June, 1875. Sic, — Emigration. I am directed by the Board of Trade to acknowledge the receipt of your letter of the 11th ultimo, transmitting, by the direction of the Earl of Carnarvon, a copy of a letter from Mr. Vogel, the First Minister of the Colonial Government of New Zealand, offering observations in regard to the condition of boats on board emigrant ships, and the penalties now imposed by law on.the broaching of cargo, and requesting to be furnished with the views of this department on the subject. In reply, I am to state, for the information of his Lordship, that, although it may be possible to make stringent regulations rendering it incumbent upon the masters of vessels to keep their boats in readiness and in a condition fit for immediate use, it would be difficult, if not impossible, to enforce such regulations when not voluntarily carried into effect by the master. Under such circumstances, it would be idle to make such regulations. With reference to the subject of increased penalties to be imposed on persons convicted of broaching cargo, the Board desire me to point out, that broaching cargo may be a trivial or may be a serious offence, according to the special circumstances of each case. For a slight offence, the existing law affords au adequate remedy, and it remaius to be shown that this law is enforced and is found to be ineffectual. It would be difficult to frame a clause inflictiug a very heavy punishment for this offence which would not be too stringent and severe in the less important cases ; and, before attempting to introduce any such legislation, it appears to the Board of Trade to deserve consideration whether, under the general Criminal Law concerning theft, there does not exist ample means of punishing the offence when it is of a serious kind. The Board desire me further to observe, that, by the Merchant Shipping Bill now before Parliament, copy of which, as amended in Committee, is enclosed, the offence of stealing cargo is punishable, as at present, with twelve weeks' imprisonment (clause 24), but that this punishment may be doubled if the offence leads to danger to the ship. I have, &c, The Under Secretary of State, Colonial Office. T. H. Faeeee.

No. 4. The Hon. Sir J. Vooel to the Hon. D. Pollen. 7, Westminster Chambers, Victoria Street, Westminster, S.W., Sib,— 11th June, 1875. I have been in communication with the Colonial Office and with the Board of Trade respecting the inadequacy of the penalties for broaching cargo at sea; and I have the honor to attach hereto copy of the correspondence which has passed on the subject. I have, &c, The Hon. D. Pollen, &c. Julius Vooel.

38. 1 tO 3.

No. 5. The Hon. Sir .T. Vooel to the Eight Hon. the Eael of Caenaeton. 7, Westminster Chambers, Victoria Street, Westminster, S.W., Mt Lobd,— 17th June, 1875. I have the honor to acknowledge the receipt of a letter signed by Mr. Malcolm, forwarding, by your Lordship's directions, copy of a letter from Mr. Farrer, on behalf of the Board of Trade (No. 7272, of the 7th of June), in reply to suggestions made in mine of the 3rd of May, respecting the state in which boats are kept on board emigrant ships, and the inadequacy of the existing penalties for broaching cargo at sea. 2. I deem those subjects, and especially the latter, so important, that I venture to trouble your Lordship with some further observations.