Colonial Despatches

I have received Acting Governor Birch's Despatch, No. 61, of the 29th of September, reporting that as no Official intimation had reached him of an extension of Mr. Cooper's leave beyond the 30th of June 1865, and as no communication concerning his intentions hadbeen been received in the Colony, the Acting Governor had considered his appointment vacant from the 1st of January last, and had reduced his Office.

The facts of the case are as follows. Mr. Cooper came home on Six Months' leave commencing from the 1st of January 1865. Mr. Secretary Cardwell afterwards granted him an extension of Six Months up to the 31st of December 1865, and notified this to the Colony in a Despatch to yourself No. 20 of the 11th of May 1865. Mr. Birch must have overlooked this whenhe he states that no intimation had been given to the Colony of any extension of Mr. Cooper's leave. On the other hand that extension finished at the date from which Mr. Birch a[d]journed the Office to be vacant, so that substantially his conclusion remains correct.

Mr. Cardwell refused at the time to give leave for more than Six Months ending the 31st of December 1865, but said that Mr. Cooper would be at liberty to apply for more leave when it was clear at what time his legal proceedings wouldterminate. terminate. Mr. Cooper did not apply, but remained in this Country without knowledge either of the Secretary of State or of the Colonial Government until the 26th of September last, when he for the first time asked for an addition to his original extension of leave up to the 31st of December 1865. I informed him, as you will have learned from the correspondence forwarded to you in my Despatch, No. 16, of the 26th of October, that I could not do otherwise than consider him as having been absent from hispost post without authority since the 31st of December 1865, and that this fact must materially affect his position in case the reconstruction of the public Offices in British Columbia and Vancouver Island should have rendered it advisable in the judgment of the local Government to dispense with his services. Subject to his observation, I said that I had no objection to his remaining in this Country without salary until the 26th of November.

I think that under the circumstances of the caseMr. Mr. Birch acted rightly in reducing Mr. Cooper's Office, if the interests of the Public Service required it, and that Mr. Cooper's conduct in the matter has deprived him of all ground of complaint on account of losing his Office.

I enclose for your information a copy of a further letter which was received from Mr. Cooper after the date of my Despatch of the 26th of October, together with a copy of the reply.