Wylly to Granville

To The Right Honorable Earl Granville K.G. Her Majesty's Principal Secretary of State for the Colonies &c &c &c

The Memorial of Charles Graham Wylly lately Assessor of the Colony of Vancouver Island and its Dependencies, humbly Sheweth:
That Your Memorialist, at the date of the Union of the Colonies, was Assessor of Vancouver Island, having held that office since January, 1863.
The Assessorship, under theprovisionsManuscript image provisions of the "Real Estate Tax Amendment Act, 1862," of the Colony of Vancouver Island, was declared permanent; the Governor, for the time being, of the Colony, being required to appoint a "permanent Assessor."
The necessity for the office, (to which was attached a Salary of £500 Sterling per annum,) having ceased, through the union of British Columbia and Vancouver Island, the repeal of the Act under which the Assessorship was created, took place.
Following such repeal by the "Real Estate Tax Repeal Ordinance, 1867" and on notification of the abolitionofManuscript image of the office, Your Memorialist preferred a claim for compensation.
This claim was objected to, on the ground that the appointment was merely a local one, not of Crown creation, and "permanent" only So long "as the local Act under which it was created, was in existence."
In reply to this objection, and further in behalf of the claim, as urged in the correspondence with the Government of British Columbia, Your Memorialist would respectfully Submit That, inasmuch as by the Vancouver Island Act of 1862, the office was declared permanent, So, the holder thereof, at once becameinvestedManuscript image invested with certain rights, and So had a permanent interest in the emoluments of the office, and that its abolition, not brought about by any action of the Assessor, but Simply by reason of the necessities of the State, could not divest that officer of his interest therein; moreover, that although the office might be abolished by the Legislature, yet, that the emoluments attached thereto, and vested in the Assessor, could not be confiscated, except by express terms, the absence of which, in the Ordinance repealing the Act of 1862, must, therefore, be held to be restrictive of the power conferredbyManuscript image by that Ordinance.
This, indeed, is the more plain, when it is Seen, that the Ordinance of 1867, while repealing the "Real Estate Tax Amendment Act, 1862," actually, by its provisions, Saved existing rights, So far as the Government had acquired a right under that Act, and consequently, it must follow, that the rights of the Assessor, as acquired under that Act, must, in like manner, be considered, Saved.
Your Memorialist therefore prays that relief may be afforded him, and that the justice of the claim, as advanced, may beadmittedManuscript image admitted; its merits, and its merits alone, constituting its best title to consideration.
But Your Memorialist
as in duty bound, will ever pray &c
Charles Graham Wylly

San Francisco, California
17th June, 1869
Minutes by CO staff
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Sir F. Sandford
Mr Wylly might well look to his appt as being permanent, subject to its being abolished, which it was by the same power that created it. He only held it from 1863 to 1867—his compensation would only have been four months Salary (£500 a year)—but you will see from his letter of the 13 May to the Col. Secy that he refused some employmentManuscript image which might debar him from any claim to compensation.
The D. of Buckingham's despatch to which he refers is not a case in point—that was a claim to compensation for losses arising from moving from New Westminster to Victoria.
Whatever claim he has is agst the Colony.
CC 17 July
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Simply decline to interfere with the decision of the Local Government.
FRS 13/7
WM 14/7
G 14/7
Documents enclosed with the main document (not transcribed)
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A.N. Birch to Wylly, 1 May 1867, advising that the position of assessor had been abolished.
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Wylly to Colonial Secretary, 13 May 1867, submitting a claim for compensation.
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Birch to Wylly, 10 June 1867, advising his claim could not be considered as the position of assessor was not a permanent one. One months salary was offered as compensation for loss of office.
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Wylly to Colonial Secretary, 20 June 1867, disputing the view that his position was not permanent and requesting a further review of his case.
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Birch to Wylly, 4 July 1867, reporting that as his was not a Crown appointment, it was permanent only "so long as the local Act under which it was created was in existence."
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Wylly to Colonial Secretary, 28 July 1867, further explanation of why his claim should be allowed to stand (11 pages).
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W.A.G. Young to Wylly, 25 November 1867, advising that after further review, his claim for compensation was again disallowed.
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Wylly to Colonial Secretary, 12 March 1869, asking for a reconsideration of his case in light of a despatch from Buckingham to Seymour, 24 October 1868, regarding compensation.
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Young to Wylly, 24 March 1869, advising that the despatch in question referred only to compensation for losses caused by "the removal of the Seat of Government from New Westminster to Victoria."
Other documents included in the file
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Monsell to Wylly, 23 July 1869, advising that Granville was "unable to interfere with the decision arrived at by the Governor of B. Columbia."
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Draft reply, Granville to Musgrave, No. 75, 23 July 1869.
Minutes by CO staff
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The papers have never gone on for signature.
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Sir F. Rogers
I thought this ought to be done.