Subsequent experience of the Colinda

Having lost his legal case against the passengers in Valparaiso Captain Mills had been forced to pay the heavy legal fees. Unable to do so he sold, in Valparaiso, most of the Colinda's cargo.
Unfortunately for Captain Mills the cargo was the property of the Hudsons Bay Company and the sale was carried out without their permission.
Mills then advertised in the "Echo Del Pais" , a Valparaiso newspaper, offering to take goods and passengers to San Francisco for the lowest rates. He is unsuccessful in this effort. 


The Colinda arrives in Victoria, British Columbia, Canada.

Arriving without the Scottish miners, the HBC cargo and the money for the sale of the cargo Captain Mills is jailed by James Douglas - Governor of Vancouver Island. Douglas writes to Sir George Grey of the Colonial Office London on 26 October 1854 explaining the experience of the Colinda and his action in jailing Captain Mills.

Partial transcript as follows

"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"


09 January 1855
Captain Mills writes to Sir George Grey, Colonial Secretary in London

Partial transcript as follows

"I am part owner of a beautiful new ship "Colinda", also Master. I was chartered by the H.B. Company to proceed from London to Victoria with passengers and merchandise, through the loose manner of the Company's Servants on departure and promises made to the passengers by them it created a tissue of grievances which was out of my power to control, it finally produced mutiny of them and so led to the following persecutions against me by this arbitrary Company, my ship was fitted out at 11000,Ship and outfit, on my arrival at Victoria my ship was taken in a very illegal manner from me,
I was cast into a den of a Prison not fit for a dog Kennel and kept there 4 months and 9 days at their mock Courts, I was interrogated privately no persons being admitted. I was kept in solitary confinement 2 months at which expiration Mr Douglas seized the "Colinda" in the Queens Name also seizing, all my own effects, instruments, Vouchers, and every article belonging to me leaving me perfectly destitute the ship was converted into a brothel for prostitutes and drunkards, and in place of selling the ship to pay themselves"


13 May 1855
Governor James Douglas writes to Sir George Grey in London


Partial transcript as follows

"In reply to the only allegation in Mr Mills' letter, which remains unanswered I will state that the "Colinda" was not made use of, as he asserts, by the Hudson's Bay Company, to convey coals to California, nor employed in any other manner, in their service, or for their benefit; she lay idle in this Port until chartered in the beginning of the month of March last, by Captain Reid, for the delivery on her way to London of a cargo of Coal at San Francisco.
This having taken place some time posterior to to the date, 9th January 1855, of Captain Mills' communication to you, will show that his statement is altogether unfounded"


23 July 1855
Colonial Office minutes

Partial transcript as follows

"This appears, at least to me, to be a very sufficient explanation of the charge preferred by the late Master of the Colinda against the Authorities at VanCouvers Island.  it appears that the proceedings taken against him were in course of law, with which Government cannot interfere"


6 August1855
Mills writes to Sir William Molesworth Secretary of State for the Colonies

Partial transcript as follows

"I beg to acknowledge your reply to a letter I addressed to Sir George Grey, of the 9th January last. I feel extremely thankfull for it; but feel extremely pained to hear the Government can do nothing in the Case. 
I feel sanguine you will forgive me for stating a few incidents in respect of my cruel treatment at VanCouvers Island, You Honourd Sir have heard one side of the story from His Excellency Governor Douglas
have a great cause of dissatisfaction is in Governor Douglas not having an Investigation of all the proceedings of the ship's passage before casting me into that vile place not fit for a poor dog"


Subsequent Minutes by Colonial Office Staff

"Simply acknowledge receipt. The writer addresses no new grievances, or facts to throw doubt on the correctness of the Governor's representation."