Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 8 April 1864, CO 60:18, no. 5067, 125.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (12), Other documents (1).
Douglas forwards a complaint by Gaggin over the suspension of Gaggin’s duties as stipendiary magistrate. While Douglas found Gaggin to be cleared of
the main charge [of embezzlement] against him,he decided that Gaggin should be discharged of his duties for
inattention and negligence.Blackwood’s minute delineates the background of the case.
No. 18
Government House
New Westminster
8 April 1864
New Westminster
My Lord Duke,
I have the honor to enclose herewith a letter addressed
to Your Grace by Mr J.B. Gaggin, a stipendiary magistrate
of British Columbia, representing and complaining of an act
of injustice, which he alleges he has received at my hands,
by being suspended from the exercise of his functions pending
an investigation into his accounts.
2. In accordance with ruleI
I proceed to report upon his
complaint altho' it seems to me that the papers he himself
furnishes sufficiently exhibit the cause of his suspension,
the reason of the suspension being removed, and justify the
course adopted.
I proceed to report upon his
complaint altho' it seems to me that the papers he himself
furnishes sufficiently exhibit the cause of his suspension,
the reason of the suspension being removed, and justify the
course adopted.
3. I must first explain that one of the capacities in
which Mr Gaggin acted was that of Collector of Roads Tolls
at Douglas, a service from which a considerable amount of
Revenue is received; and Knowing the difficulties and risks
attendant upon the conveyance of money from the Collectorate
to the Treasury, I gave special orders to the Treasurer to
instructthe
the outstation Collectors to take advantage of
the trips of the "Gold Escort" to remit to the Treasury.
the outstation Collectors to take advantage of
the trips of the "Gold Escort" to remit to the Treasury.
4. On the particular occasion referred to by Mr Gaggin
I had expected, and calculated upon, a large sum from Douglas.
To my Surprise, upon the arrival of the "Escort," instead of
such sum coming to hand, a report is made by the Treasurer, copy
enclosed herewith, that no money had been remitted from
Douglas, but, that instead, Mr Gaggin had informed him that
he did not expect the "Escort" for several days, and that when
he got his Books satisfactorilybalanced
balanced he "would send a
large sum to the Treasury." I was aware that, by the returns,
a sum of £4000 should be at Douglas. I enquired as to the
stay made by the "Escort" at Douglas, and found that Mr Gaggin was afforded a period of over two days in which to
carry out the instructions he had received. He not only did
not comply with these instructions, but, he excused himself
in a most unsatisfactory manner. So serious a dereliction,
connected as it was with public money, I could not overlook,
and I therefore took such steps as seemed to me right and proper.
5. I
balanced he "would send a
large sum to the Treasury." I was aware that, by the returns,
a sum of £4000 should be at Douglas. I enquired as to the
stay made by the "Escort" at Douglas, and found that Mr Gaggin was afforded a period of over two days in which to
carry out the instructions he had received. He not only did
not comply with these instructions, but, he excused himself
in a most unsatisfactory manner. So serious a dereliction,
connected as it was with public money, I could not overlook,
and I therefore took such steps as seemed to me right and proper.
5. I instantly despatched Mr Nind, accompanied by an
accountant from the Treasury, to investigate the whole of
Mr Gaggin's accounts, and to enquire into the state of his
District, and pending the investigation, I interdicted Mr Gaggin from the performance of further duty.
6. Mr Nind's report, a copy of which I enclose, relieved
my mind as to any defalcations existing; but, it will be
seen from the reply to Mr Nind that his explanations upon
some points were not satisfactory, and I naturally awaited a
further report before I could decide upon the whole case.
7. As
7. As soon as I was in a position to give a decision, I
did so. There was no deficit of public money, and, therefore,
Mr Gaggin was cleared from the main charge against him. I
could not however acquit him of inattention and negligence
in the performance of his duties. After a careful consideration
of all the circumstances I came to the conclusion that the
suspension should be removed, but, that it would be for the
interest of the public service that Mr Gaggin should discharge
his duties as an Assistant Gold Commissioner and Stipendiary
Magistrate in another part of the Colony.
8. In
8. In the whole of this matter I believe I have acted
strictly in conformity with my instructions, and as was
required of me, in the just exercise of the charge committed to my care.
9. Mr Gaggin may, I can well understand, feel aggrieved
at being suspended from his duties, but that feeling should
be exercised against himself, and not against those, who, in
the interests of the public service, were, owing to his own
conduct, compelled to discharge an unpleasant duty in respectof
of him.
of him.
Minutes by CO staff
Mr Elliot
Mr J.B. Gaggin has been Asst Gold Commr and Stipendiary Magistrate of Douglas, B. Columbia since October 1859. According to the Blue Book of 1861—received here in 1863—he collects the Road Tolls—for which he gets £100 a year. No mention is made in the Blue Book or in any despatch which we have been able to refer to, of his having any connection with the Post Office at Douglas.
Mr J.B. Gaggin has been Asst Gold Commr and Stipendiary Magistrate of Douglas, B. Columbia since October 1859. According to the Blue Book of 1861—received here in 1863—he collects the Road Tolls—for which he gets £100 a year. No mention is made in the Blue Book or in any despatch which we have been able to refer to, of his having any connection with the Post Office at Douglas.
The Governor, however, says that the Post Office "is part
of his duty." I suppose as a Magistrate. In consequence of the
Road Money not having been forwarded by the Gold Escort, and of a
letter addressed by Mr Gaggin to the Treasurer saying that when
he got his Books satisfactorily balanced he would send a large
sum down, the Governor, knowing that the Gold Escort had
remained 2 days at Douglas took alarm and despatched Mr Nind,
with an accountant, to investigate the whole of Mr G's accounts
and to enquire into the state of his district.
Pending
the investigation Mr Gaggin was interdicted from
the performance of his official duties.
the investigation Mr Gaggin was interdicted from
the performance of his official duties.
Mr Nind reported (page 37) that Mr G's accounts and the
Cash in the Chest tallied within a few shillings—the difference
arising from receiving and paying Gold Dust. The suspicion
therefore which led the Governor to enquire and suspend, proved
devoid of foundation. Mr G. explained that the reason why he
did not send the Road money by the Gold Escort, as the Governor
had expected, was because he had been directed by the Treasurer
to send his accounts at the same time—which was impossible
for him to do on this occasion as the Chief Commissioner of
Lands and Works had not returned him the Lands and Works Books
which, it is to be inferred though not stated, were indispensable
to him in making up his accounts.
2. It appears further, that Mr Nindenclosed
enclosed a statement
with his report to the Governor, which has not been forwarded
here. From that statement the Governor collected that Mr
Gaggin was deficient £3000 in cash, as a collector of Revenue.
The Governor seems aware that this money was expended on Roads,
but thought it unauthorized, and excessive in amount for the
work done. The statement is not before us but Mr G. explains
(p. 25) that the expenditure was effected under the direction
of the Chief Commissioner of Lands and Works, that the accounts
were regularly forwarded to that Officer—that they were approved
and finally passed by him and the Auditor General. Drafts for
the amount were forwarded to Mr G. by the Treasurer.
enclosed a statement
with his report to the Governor, which has not been forwarded
here. From that statement the Governor collected that Mr
Gaggin was deficient £3000 in cash, as a collector of Revenue.
The Governor seems aware that this money was expended on Roads,
but thought it unauthorized, and excessive in amount for the
work done. The statement is not before us but Mr G. explains
(p. 25) that the expenditure was effected under the direction
of the Chief Commissioner of Lands and Works, that the accounts
were regularly forwarded to that Officer—that they were approved
and finally passed by him and the Auditor General. Drafts for
the amount were forwarded to Mr G. by the Treasurer.
I cannot conceive a more complete acquittal of a pecuniary
transaction.
3. Mr Gaggin is finally in troubleon
on account of some
District Post Office irregularities. Mr G. maintains that he
has nothing to do with the Post Office in question—nor, as
before observed is there any proof in this Office, that any
Post Office appointment, involving responsibility, has ever
been conferred on Mr G. The Governor, on the other hand,
alleges that he considers the District Post Office as part of
Mr Gaggin's duty. Whichever is right it is not clear to me
that the irregularities complained of, if even lying at Mr G's
door, were sufficient to justify the Governor's proceedings towards him.
on account of some
District Post Office irregularities. Mr G. maintains that he
has nothing to do with the Post Office in question—nor, as
before observed is there any proof in this Office, that any
Post Office appointment, involving responsibility, has ever
been conferred on Mr G. The Governor, on the other hand,
alleges that he considers the District Post Office as part of
Mr Gaggin's duty. Whichever is right it is not clear to me
that the irregularities complained of, if even lying at Mr G's
door, were sufficient to justify the Governor's proceedings towards him.
The preceding analysis leads me, at least, to the conclusion
that the Governor has been betrayed into an error of judgement.
On two of the points on which Mr G. was supposed to be in the
wrong he stands in my mind completely acquitted. On the 3rd—that
of the
alleged irregularities of the District Post Office—I
cannot see that he is blameable. If then he be really guiltless
it is surely unfair treatment not to restore him to the position
he occupied. The mere fact of removing him to another district
argues something wrong, and is damaging to his character. If
there had been anything to disapprove of in Mr G's general
conduct and proceedings as a Magistrate in his District the
Governor ought to have adduced it. But the reasons on which
Sir James Douglas has acted on this occasion appear to me
removed by the explanations offered.
alleged irregularities of the District Post Office—I
cannot see that he is blameable. If then he be really guiltless
it is surely unfair treatment not to restore him to the position
he occupied. The mere fact of removing him to another district
argues something wrong, and is damaging to his character. If
there had been anything to disapprove of in Mr G's general
conduct and proceedings as a Magistrate in his District the
Governor ought to have adduced it. But the reasons on which
Sir James Douglas has acted on this occasion appear to me
removed by the explanations offered.
ABd
7 June/64
Mr Fortescue
Mr Blackwood has examined this so fully, that there is little which it can be worth while for me to add. My impression is that we should request the opinion of the new Governor.
Mr Blackwood has examined this so fully, that there is little which it can be worth while for me to add. My impression is that we should request the opinion of the new Governor.
TFE
9 June
Documents enclosed with the main document (not transcribed)
J. Boles Gaggin to Newcastle, 12 March 1864, protesting his
treatment at the hands of the governor, and enclosing documents
in complete explanation of the circumstances involved.
W.A.G. Young, Colonial Secretary, to Gaggin, 23 November 1863,
advising of his suspension pending an investigation into the accounts
of his district attendant on his failure to forward revenue as
per instructions.
Charles Good, for the Colonial Secretary, to Gaggin, 27 February
1864, advising that no further
action would be taken pending receipt of Nind's report on his
unauthorized expenditure on account of roads.
Minutes by CO staff
To me this report appears not alone exculpatory, but laudatory.
Documents enclosed with the main document (not transcribed)
*
