Sir,
In answer to your enquiries respecting the time the "Castle Eden" was detained at the Cape, I extract from my journal that on the 12th of December at 2 1/2 p.m. we anchored off Cape Town, that I arranged with Captain Thornhill and agreed to have provisions and passengers ready to sail early on Wednesday morning, the 18th December and on Tuesday provisions and medicines being in readiness, that I applied to Mr Read, the Chief Mate, to receive them on board, but received an answer from him, to the effect that the sailors had refused to work and he had no hands on board to assist in taking them in, and therefore that I must wait until assistance could be afforded me. During Monday, Tuesday and Wednesday nearly all the hands were absent from the ship, the sailors being summoned before a Magistrate and imprisoned but on Wednesday and Thursday the fresh men had joined the ship, on Thursday all provisions being put on board, excepting fresh meat (which is usually left to the last minute) It was found that part of the ship's machinery (the windlass) was deficient and that we could not sail until it was made good. We did not weigh anchor until Saturday afternoon 21st December.

As I had agreed with Captain Thornhill verbally, to sail on Wednesday 18th, I did not write officially to him, but after that day the vessel was detained by her own disability and not by any arrangement made by me.
I therefore conclude that her detention in Port by me, continued from Thursday afternoon, the 12th to Wednesday morning the 18th December and she was expected to sail daily from that date.
I am Sir,
Your Obdt Servt
Thomas Busick HAYLOCK
Surg. Superintendent of the Castle Eden..

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Lyttelton
28th February 1851
Sir,
Having in compliance with your directions examined the provisions returned from the Castle Eden, I beg to acquaint
you with the result viz.
Bread, peas and oatmeal - good
Flour - not very good; beans slightly brown
Preserved meats - very bad, a quantity from two casks I have opened being in a putrid state and the remainder of the
unopened casks smelling so offensively as to render it too evident that they are in the same condition - five jars of
pickles also rotten - the salt beef and pork are excellent.
I have the honour to be Sir,
Your obedient Servant,
Fisher
Storekeeper, Canterbury Association
This was done for J R Godley Agent for the Canterbury Association
.
Port Victoria,
New Zealand
March 3rd 1851
I hereby certify that William Adams has performed the duties of the Steward to the Intermediate Passengers on the
ship Castle Eden, efficiently and zealously from the Port of London to New Zealand.
Thomas Busick Haylock Surgeon
Superintendent To R. J. Godley Esq.
Resident Christchurch Agent
Canterbury Association
Lyttelton

March 7 1851
Sir,
I have much pleasure in certifying that Mrs Davis has acted as schoolmistress on board the Castle Eden much to my
satisfaction and is entitled to a gratuity of Five Pounds.
Your obedient Servant,
Thomas Jackson

List prepared for the Castle Eden which sailed from Gravesend on the 28th September, 1850
Total paying - steerage Passengers - 9 adults and two children, 11 in total;

Fore cabin - twenty five adults and  eight children, 34;

Chief cabin - 21 adults and seven children, twenty eight; 

The combined total paying passengers - 56 adults and seventeen children - seventy three in total.
Signed - Superintendent of Shipping
William Bowler

William Bowler, the Association's shipping agent in London, wrote a detailed reply to Dr Haylock's complaints. He was of the opinion that the surgeon had been negligent in several matters, that there was no real justification for putting into Cape Town and that he had probably been persuaded to do so by the Captain who was concerned about the conduct of his crew. Surprisingly, despite the problems on the journey out, the Canterbury Association cash books disclose, gratuities were found favourable and paid.

7 March 1851 - Letter written by Wm Bowler, Superintendent of Shipping to Secretary of the Canterbury Association, in response to Cape Town letter written Dec 18, 1850 from Mr Haylock 

Copy Cornhill

I have had the honour to receive your letter of February 21st including a copy of a letter from Mr Haylock, Surgeon Superintendent of the ship Castle Eden dated December 18th 1850 which I beg leave to offer the following remarks.
Having given most serious consideration to Mr Haylock's statement of the grounds on which he was induced to order the Castle Eden into port, I am of the opinion in taking that step he probably acted with disregard of his instructions which cannot be justified and contrary to his duty. I speak of this opinion as one of only probable truth because in absence of positive evidence it is impossible to form a positive opinion on the subject.

It is my belief that it is almost entirely founded on the circumstantial evidence supplied by Mr Haylock's
own letter. I beg to reserve an expression of decided opinion until evidence of a more positive kind shall be
received in the report of this vessel from the chief local agent of the Association.
Besides the circumstances that induced Mr Haylock to order the ship into port this letter contains a number of
minor complaints which as they have indirect affect of sustaining the principal one, I will dispose of  before examining it.
These minor complaints end with a recommendation that the Surgeon Superintendent should be allowed to see the different stores and articles shipped for his use and that of the emigrants, to know where they are put and be fully instructed in all practical and everyday duties which will devolve on him. From his suggestion of Mr Haylock's it would be inferred by anyone not fully acquainted with the subject that he had not been allowed to see the different stores etc. am had not received particular instructions for the performance of his duties. The fact however that the personal inspection of all stores etc is one of the first duties of the Surgeon and one
which I must now remind the committee was entirely neglected by Mr Haylock with he anticipation on my part of evil consequents from that neglect which have too fully realised. This appears by my letters to you of the 20th and 25th September last. In like manner in respect to the instructions, it will be seen on comparing Mr Haylock's suggestions on this point with the very ample and minute instructions addressed to him in writing and in the form of printed regulations for his guidance on the 24th September last that he never examined them. 

The latter is confirmed by the remainder of his complaints except one. The first is from neglect of proper stowage, the articles of dietary were not regularly served in due time. If Mr Haylock bad added that on the first occasion of this evil he endeavoured to remedy it by complaining to the Commander but in vain, he would have been exonerated from blame, for in that case the owners whose servant the Commander is, would have been wholly responsible and subject to a heavy pecuniary liability thereby incurred by the owners. If Mr Haylock had read or had not forgotten his instructions he would have known that a deficient means of curing or preventing the evil had been specifically placed at his disposal
Secondly water closets rather than mirror openings for women and children in the steerage are fully established to
be great improvements on immigrant ships in respects to the cleanliness and convenience. Mirror openings to be placed as Mr Haylock suggests on the main deck could hardly be used and the rough weather would let in quantities of water and risk the loss of the ship, the proposal evinced great ignorance or thoughtlessness. It was the proper duty of the surgeon to see that his subordinates took care that his water closets were properly used and kept always clean - it was the specific task of Mr Haylock's instructions - he really complained of his own neglect. The chloride - especially Sir William Burnetts Fluid are alone used in the navy and generally in the merchant service. It was the surgeon's duty according to the instruction to examine these things before the ship sailed and I am satisfied that if he had done so, there would have been no complaint or its groundlessness would have been immediately detected. The recommending of chloride in the solid form or in other words, in an inferior state, would certainly not have been adopted.
Thirdly, there was a complaint of want of storage for a 
boxes in the steerage. By the I6th clause of the regulation for the immigrants specifically direct that boxes shall be put away in the hole of the ship and should only be accessible every three or four weeks and that each person or family must be provided with two canvas clothes bags for constant use. The object of this rule is to avert the danger of broken limbs and more serious injuries to children which would be incurred in foul weather if the steerage immigrants had boxes instead of bags for their clothes. This rule is a part of the instructions delivered to Mr Haylock.
Fourthly, it is said that the steerage passengers suffered either from heat when the hatchways were closed during rain or from wet when they were open. The want of a tarpaulin to be hung over a pole draped above the hatchway excluding the wet and admitting the air at each end. By the 6th clause of the charter which forms part of the surgeon's
instructions it is provided that such tarpaulins shall be furnished by the owners and if Mr Haylock had not forgotten
his instructions he would have known that ample power was placed in his hands for preventing the grievance from which
complains and for which, unless he applied to the Commander for tarpaulins and was refused, he alone was responsible and was to blame. Besides complaints, each of which indicates that Mr Haylock was ignorant of his own
Instructions in that particular. There is one, which while not relating to his instructions, is so utterly groundless or rather contrary to the fact it much strengthens the impression that his complaints are generality unfounded. He
said that the steerage immigrants suffered greatly from the confined accommodation of their berths. Now if that happened that the number of steerage passengers in the Castle Eden was unusually small in proportion to the rooms of their berths in support of this statement the mention of fact will be sufficient in referring to the command paper on Immigration 5th August last it will be seen that the Castle Eden when chartered by the Government on her last voyage to Australia carried 253 people occupying the whole of the in-between decks the space occupied by steerage passengers in the Castle Eden when chartered by the Association extended from the head of the ship to the after parts of the main hatchway being very nearly equal to 2/3rds of the whole between decks. This space according to the Government proportion would be carried about 160 people. The actual number was only 100. I repeat that the accommodation of room afforded to steerage passengers in the Castle Eden on her voyage under Mr Haylock's superintendence was not only above the average but remarkably large.
I come now to the main representation which made it the groundwork of the ship's deviation from her course - it is in
general terms the bad quality of the provisions put on board the Castle Eden for all classes of the passengers and an
exhaustive state of many of the most useful medicines. With regard to provisions, Mr Haylock entered into particulars but it is to be observed that in doing so he entirely confines himself to the provisions of the cabin passengers and says
not one word about those for the great bulk of the immigrants under his charge. This last mode of making a statement which from the consequences attached to its demand and the greater specification and cleanliness consistent with the rambling and intangible character of Mr Haylock's letter. To the statement to the deterioration of the provisions there is no distinction between livestock and preserved meats and fish but these are very different qualities of food lumped
together and mentioned that one cannot tell what such inquiry to make in order to verify or refute the complaint. It is
hardly possible that live sheep and fowls should be from being disagreeable to the palate in the same matter of
preserved meats and fish would if the canisters in which they were packed were not hermetically sealed. It is neither
sort of provisions it is said that would be such and diseased duck and diseased livestock or corrupted dead meat to what it would have been useless to cite evidence on the other side from those who carefully examined those live and dead provisions when they were put on board the ship amongst whom was the Reverend Mr Jackson. Having myself carefully inspected both livestock and dead provisions I am sure that they were of the best quality when the ship sailed from Gravesend. The livestock will have deteriorated as it always does on a long voyage and some of the preserved meat and fish may have deteriorated through the accidental fracture of the tin cases which contained it but passengers on prolonged voyages must unnecessarily put up with some deterioration of the livestock and the quality of preserve and animal food would. that it be so great that some of it spoilt by accident there could be plenty unspoiled for the voyage. That there was plenty may almost be inferred with confidence from the remarkable facts to which I know have been drawn to the attention of the committee. Amongst the articles purchased by Mr Haylock at the Cape, the supply alleged deficiency there were no preserved meats or fish - indeed it appears from the list accompanying Mr Haylock's letter that the provisions obtained by him at the Cape the supply alleged deficiency and there was no preserved meat or fish. Indeed it appears from list accompanying Mr Haylock's letter that the provisions obtained by him at the Cape the supply alleged deficiency there was no preserved meat or fish. Indeed it appears from the list accompanying Mr Haylock's letter that the provisions obtained by him at the Cape there should have done and this would have been naturally purchased in order to rectify the heavy deficiency and compliance were not that great for that purport and also in great nature and applicable to it having been consistent with other such supplies of livestock, fruits, etc. and might have been proper to obtain for the enjoyment of the cabin passengers of the ship after two months voyage driven by stress of weather only.
The inconsistency between the alleged cause of taking the ship to port which is a serious and dangerous deficiency of food, and the means taken to remedy this eveil, will be very striking to those familiar with this subject of long voyages by ships full of emigrants.

With respect to the medicines I am not myself capable of forming a competent opinion about them. I request that  the complaint of Mr Haylock be referred to Sir John Darrall who as Medical Inspector of the Association and carefully examined the medicines put on board the Castle Eden and who will be able to state if they were properly exhausted and whether the fresh supply obtained at Cape Town by the Surgeon tallies with his account of illness amongst the passengers. Knowing that large supplies of medicines of the very best quality were put on board the Castle Eden and observing the vagueness of Mr Haylocks account of maladies, my own personal opinion  which however I express with diffidence, is that there was no necessity for purchasing fresh medicines at the Cape. I have had communications on the subject with Sir John Darrall but I may properly add here that since this letter was begun, several private letters have been received in England from passengers in the Castle Eden which concur representing the amount of illness on board has been unimportant and none of which so far as I am aware mention any illness amongst the cabin passengers whose provisions alone Mr Haylock's account of particular states have been deficient.
I would now beg the attention of the committee to an important circumstance; - mainly the omission by the surgeon
the Commander and the passengers to avail themselves of the perfect opportunities they had at Cape Town of subjecting the provisions to inspection by either the immigration agent of the Government or other persons - to have done this was the proper duty of the surgeons.

If it bad not been for one of the last paragraphs in Haylock's letter (I mean the one which speaks of the crew being disposed to mutiny and their being taken out of the ship at the Cape along with the second mate and punished by imprisonment with bard labour) I would have supposed that W Haylock bad been induced to order the ship into port in order to gratify a natural wish of the cabin passengers after two months voyage to enjoy a change of scene and to obtain the luxury of fresh livestock, foods etc. for the remainder of the voyage, though what should have been more disposed to arrive at this conclusion from supposing as I have been led to do from the whole complexion of W Haylock's letter that he had failed to study his instructions and was therefore unconscious of the injunction which they convey to abstain from directing the ship out of her course into port except in the case of that step; being rendered indispensably necessary by the health of the persons on board for the sake of which alone the authority inserted but upon no other ground what so ever - but a different and more, Lateral explanation of the course preferred by W Haylock is avoided by the paragraph of his letter to which I have alluded. From that paragraph and from other letters from the passengers which have been received, there appears that there really was not an indispensable necessity for putting into the Cape - namely, the insubordinate state of the crew and one of the officers. But if this had been the avowed reason for taking the ship into port, the whole expenses occasioned by the ship would have fallen upon the owners - it was natural therefore the Commander to wish that the necessity ~
should be complied with on the grounds of the passenger's ill health as certified by the surgeon, thereby all the cost of the proceeding would fall upon the Association. The Captain and passengers were much alarmed by the mutinous conduct of the crew and were of course very anxious to be released from the danger by getting into port. This would have been very agreeable to them in other respects. It must have been desirable to conceal from the crew the Commander's intention to bring them to justice at Cape Town; and therefore the allegation of danger of the health of the passengers from bad provisions was a convenient means of avoiding what might have made the crew desperate.
Taking all these things into consideration together with the total am manifest inaccuracy of the minor complaints which the principal one is sustained, I have arrived at the real cause of the ship's detention on the plea of the passenger's ill
health was Mr Haylock's weakness of character  operated upon by the natural desire of the passengers and Commander to enter a port on account of the crew; by the desire of the passengers, which always happen, to avail themselves of any shadow of ground for enjoying change of scene and fresh food; and by the Captains desire to spare his owners the cost of the detention by saddling it on the Association.
I have the honour to be your most obedient Servant,
Alwyn Bowler

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