Moody to Under-Secretary of State
January 4th 1865
I have only recently had the honour to receive your letter dated 6th Ultmo with Enclosure. It was addressed to me at the United Service Club Pall Mall and by an oversight there was not forwarded to me.
In reply I beg to submit the following Statement to the favourable consideration of the Secretary of State.
All my accounts in British Columbia were passed with the exception of the two Items referred to and with respect to them the facts are simply as follows.
Item 3£.17s.0d. Captain GrantRE withManuscript image RE with the Detachment under his command were despatched from England Via Panama in 1858. Some of the expense was to be defrayed by the War Department. Money was advanced to him through me by H.M. Treasury on authority of Secretary of State. Captain Grant erroneously charged this particular item of his Accounts as a Military Acct to the War Department through his Agents. It was as a matter of course disallowed. The War Department meeting no charge but Military Pay alone.
Had he gone out with his Detachment in the ordinary course of Military Service this item would have been chargeable to War Dept and would not have been disallowed.
He should have defrayed it outofManuscript image of the sum advanced to him by the Treasury and brought it forward in the rest of his Accounts and it would have been passed with them.
When it was laid before me in the Colony I discharged it. He was really entitled to it and under the circumstances in which the RE went to British Columbia it cannot be charged to nor recovered from the War Dept.
With reference to the other item 40£.7s.10d I have to state, the Governor of British Columbia received a Despatch from the Secretary of State in April 1860, I cannot recall the date, nor the precise words but they were to the effect that on the receipt of that Despatch Captain Lempriere was to return to England ceasing to be borneonManuscript image on the strength of the RE in British Columbia. Governor Douglas communicated this to me. Captain Lempriere was up the Country on a temporary Service. I ordered him back at once to Head Quarters and to deliver over the charge of the Stores to another officer.
He was the Officer who had special charge of them.
These Stores were very numerous and valuable and the receipts and issues were a great responsibility. The proper checking and delivery over took some time and I could not properly discharge him from duty in B Columbia until it was accomplished. No time was lost in sending for him, in his returning, and in his delivering over the Stores. His Colonial Pay ceased with his Colonial duty and he left the Colony.
WhenManuscript image
When my periodical accounts were sent in, I was informed the Governor refused the Pay from the actual date of receiving the despatch from the Secretary of State.
I submitted that Captain Lempriere was relieved as soon as possible, and explained the nature of the duties that were indispensable prior to his being released.
I cannot remember the words of the correspondence, but if my memory serves me right I requested that the matter might be submitted to the Secretary of State. The question was not raised again until my leaving the Colony & My impression is that it either had been or was to be referred home.
From the words used in H.E. Governor Seymour's Despatch it is clear he considersthatManuscript image that as the charge was on a "Military Requisition" it was not an item for Colonial disbursement. I may state however that our Colonial Pay and other charges of the RE on Colonial Acct (acknowledged as not chargeable to War Dept) were ordered by H.E. Governor Douglas to be placed on "Military Requisition Forms." This was done I believe for convenience in classifying Lands & Works Expenditures and it was convenient.
The charge in question was for Colonial Service entirely and not chargeable to War Dt and ceased when the Officer's Colonial Duty ceased.
I venture to trust these detailed Explanations of the circumstances under which the above charges occurred may induce the Secretary of State to removetheManuscript image the disallowances standing against me.
On referring to the Secretary of States despatch to H.E. Governor Douglas, the particular phrase will be noticed, the adherence to the very letter of which, I was informed was the ground of the disallowance.
I have the honour to be
Yr most obedient
humble Servant
R.C. Moody
Col R.E.

The Under Secretary of State
for the Colonies
Minutes by CO staff
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Mr Elliot
I conclude that this explanation will be considered satisfactory. Capt: Lempriere was recalled from service in B. Columbia on his promotion. The terms of the S. of S. Desp (of which a Copy is annexed) were "Until his recall shall reach the Colony" &c—but he had under his charge certain valuable Govt Stores and until he had accounted for them & delivered them up to the proper authority he must I think be regarded as in the employment of the Colonial Govt and therefore entitled to his Colonial Pay?
With regard to the Sum of £3.17 erroneously charged by Capt Grant to the War Dept & disallowed I presume that Colonel Moody's explanation will be accepted.
VJ 6 Jan
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I think that Coll Moody makes out his case very clearly, and that he is entitled to a relief from both the surcharges. Although the words "until his recall shall reach the Colony" look very precise there can be no doubt that the meaning of the Secretary of State was that Capn Lempriere's Colonial pay was to last until he was relieved from his Colonial duties. It would be mere pedantry to insist that on account of wording which was perhaps more precise than careful, an Officer should be kept in the discharge of Colonial functions and yet be deprived of his Colonial pay.
I submit a draft.
TFE 11 Jany
Other documents included in the file
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Draft reply, Cardwell to Seymour, No. 3, 18 January 1865.