Colonial Despatches

Mr Elliot
Mr Nind's representation that his salary has been increased by the Govr from £450 to £500, & that an allowance of £100 per ann: has further been added is correct. This increase appears in the Colonial Estimates of 1862 which accompanied the Governor's desph of the 30 Novr/61. But the Duke of Newcastle has not yet sanctioned those Estimates. On the contrary His Grace has (27 Feby/62) complained of the means in whh those Estimates have been prepared—of the disposition of the Governor to increase the amount of them, & finally instructed him to curtail some of the items so as to admit of his paying the charge for the R. Engineers abt which so much correspondence with the Governor and with the Treasury has passed. The Governor has ansd the Duke's strictures on the Estimates (see 6357/62) by saying that "the increase of the Civil expenses of the Colony is one of the inevitable effects resulting from the extension of population and discovery" &c &c.

The desph containing the above explanation is now under the consn of the Treasury, it having been sent to that Dept in consequence of the appeal therein made for more time before the Colony shall be required to pay for the Engineers. From the foregoing recital I think it is plain that we ought not at present to authorize payment to Mr Nind of the increase in his Emoluments. We have told the Governor that he must curtail his Civil Expre. He makes a base, general sort of defence for his augmentations. Will you declare that it is insufficient, and disallow all instances of increased civil expenre—for Mr Nind cannot alone be made to suffer—or will you admit his argument? It is a serious thing to under pay Officers such as Mr Nind, on whom the brunt of Colonial work falls. They are posted up the Country—have to live a very hard, rough life—they have to maintain a position distinguished from the Miners, who are earning much more than they do in salary. Taking into consideration the price of provisons I can scarecely think £500 a year, with an allowance of £100 for horse, [& cow?] a bit too much to assign them. But you have said the Estimates must be curtailed. Where will you begin—who is so to be first example? If it is to be done at all I think reduction must be general & not exceptional.

The expenditure which the Governor was told that he must curtail in order to admit of paying his share of the cost of the Royal Engineers was the expenditure on roads and public works. No question was raised in our general despatch dated 13 May 1862 of his diminishing his ordinary Civil expenditure. I think that for this and other reasons, it would not be advisable to treat the contribution to the Engineers as a reason against any augmentations of salary which may in themselves be reasonable.

My own opinion therefore is that it would be equitable to let Mr Nind have the benefit of drawing half the increased salary of £500 instead of £450, from the date at which the Governor made the increase. I have not the Estimate before me, but this data can be looked to in the division upstairs. In order however to prepare against the contingency of the Treasury's raising objections, I should tell Mr Nind that the Agent is authorized to issue to him half his salary at this increased rate, subject to repayment if on a general revision now in progress of the British Columbia Estimates, it should be found necessary to decline confirming the proposed augmentations of salary.

I should further tell Mr Nind that he cannot be allowed to draw half of the extra allowance of £100 to which he refers. This is a special allowance to be made to Magistrates on account of the high price of provisions at distant Stations in the Colony, to which they may be sent. It is therefore purely local in it's character and does not form part of the Emoluments of which an absent officer is entitled to draw a moiety.

I agree.

Rogers to Crown Agents, 1 August 1862, advising that provisional sanction had been given for raising Nind's salary to £500 per annum, and authorizing them to issue his half salary at that rate, with certain conditions clearly understood by Nind.

Fortescue to Nind, 1 August 1862, advising that he would be issued half salary based on a rate of £500 per annum, with conditions explained, but that the £100 supplement was "purely local in it's character and does not form part of the emoluments of which an absent officer is entitled to draw a moiety."

Draft reply, Newcastle to Douglas, No. 135, 1 August 1862, forwarding a copy of a correspondence between Mr. Nind and this department, respecting an extension of his leave of absence, and the issue of his salary whilst in this country.