No. 147
17th November 1870
My Lord,
In Lord Granville's Despatch No 84, of the 14th August, 1869 on the subject of the proposed Union of this Colony with Canada he mentioned the future position of Government Servants as one of those questions requiring some personal care on the part of the Governor which would not be necessary in the case of a negotiation between twoResponsibleManuscript image Responsible Governments.
2. Your Lordship is aware that by the sixth Article of the Scheme of Union agreed upon between the Canadian Ministry and the Delegates from this Government it is stipulated that suitable Pensions such as shall be approved by Her Majesty's Government shall be provided by the Government of the Dominion for those of Her Majesty's Servants in the Colony whose position and emoluments derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. And inaManuscript image a Despatch from Lord Lisgar dated 7th July 1870 communicating the terms which had been arranged, he said: I have been requested by my responsible advisers to add the assurance that such provisions shall be made for the retiring Pensions of Public Officers in British Columbia as you may approve of.
3. Ample assurance is thus given for the provision of retiring allowances if they shall really be required. But, I have learnt from the Delegates since their return that the Canadian Government is most anxious to avoid the necessity for themifManuscript image if it be possible. They think that to many of the Officers they may be able to afford employment satisfactory to them, and that in the cases of others Your Lordship may be willing to provide for them by appointments in other Colonies.
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Easier said than done?
It is the latter question that I now desire to submit for Your Lordship's consideration.
4. It is difficult to deal with the Officers who will be displaced by Confederation and the subsequent introduction of Responsible Government, simply as a class, with regard to the probability ofprovidingManuscript image providing for them here under the new arrangements. The peculiar circumstances and qualifications of each Officer have to be considered. Those who will be affected injuriously by the change are [salaries inserted in the margin]:
The Colonial Secretary, Mr Hankin [£800].
The Attorney General, Mr Phillippo [£800].
The Commissioner of Lands and Works, Mr Trutch [£800].
The Collector of Customs, Mr Hamley [650], and
The Auditor General, Mr Ker [£500].
Stipendiary Magistrates:
OfManuscript image
Of these, the Magistrates may for some purposes be considered a class apart, of whom I shall speak presently. The other five Officers will probably all be displaced, except Mr Hamley the Collector of Customs, whose services I think the Government of the Dominion will probably be glad to retain, and who I believe will not be unwilling to serve under them provided that it is understood that in the event of his being subsequently displaced he may have recourse to the provison for a pension.
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That would be fair.
Mr Trutch would probably prefer to remaininManuscript image in the service of the Imperial Government if suitable employment could be given to him. But, I think he would not be unwilling to take an appointment from the Dominion Government and I think it likely also that one may be found for him which may be acceptable. Probably Mr Ker, the Auditor General, may in like manner be suited with employment under the Federal Government which will leave him in no worse position than that which he now occupies. But, there remain the Colonial Secretary and the Attorney General, whohaveManuscript image have been but very recently appointed to this Government since the question of Union with Canada was agitated; this is especially the case with Mr Phillippo. There will scarcely be any Office in this Province in the gift of the Government of the Dominion which would be suitable to either of these gentlemen, and I am acquainted that the Ministry of Canada regard the provision of pensions for them as bearing hardly upon Canada, having reference to the exceedingly short term of their service in this Colony. It would therefore facilitate theproposedManuscript image proposed arrangements very much if it should be possible for Your Lordship to find employment for these two gentlemen elsewhere, and I should be glad to be informed upon this point for my guidance in further negotiations.
5. The Stipendiary Magistrates form another Class of Officers who notwithstanding their value would almost certainly be disturbed in their appointments on the introduction of Responsible Government. These Magistrates are not only Justices of the Peace, butCountyManuscript image County Court Judges, Indian Agents, Assistant Commissioners of Lands and Works, Collectors of Revenue, and General Government Agents in the different Departments of the Public service at their several Stations hundreds of miles apart. I think that as a Rule these appointments are singularly well filled, and I regard the successful administration of this government and the remarkable maintenance of Law and order as compared with the neighbouring Territories as mainly due totheManuscript image the services of these officers.
7. [6.] As the Supreme Government of the Colony as well as the administration of all affairs relating to the Indian Tribes will rest with the Dominion, I regard it as of the greatest importance to the tranquillity of the Province and the success of the Union that these Officers should be Officers of the Dominion and not be transferable to the control, or caprice of local party government; who through mistaken motives of economy by the substitution of unpaid or irresponsible Magistrates,orManuscript image or some such policy, might entail upon the government at Ottawa an amount of trouble and expense not easily to be computed.
7. I propose therefore that these Officers should be Officers of the Dominion as County Court Judges and Indian Agents. If it should not be thought objectionable to unite service to the local government to responsibility to the federal authorities, they might continue to render aid under the direction of the Lieutenant Governor as the Deputy of the Governor inChiefManuscript image Chief in the administration of local affairs, as they do now in the business of the Land and Works, the collection of Revenue, and other Miscellaneous duties. But, I would have them paid by Canada and not amenable to the local administration except through the Lieutenant Governor as representing the central authority.
8. This being conceded I should seek for an assurance to these Officers from the Government of Canada that their appointments will be considered permanent, thatisManuscript image is they shall not be removed without cause shewn, and that in the event of any organic change in the official arrangements they shall either be provided with appointments of equal value, or allowed to retire on pensions of two thirds of their present emoluments; which may be estimated in each case as Five hundred pounds (£500.0.0), though in some instances an extra allowance has been made on account of the greater expense of living in different districts.
9. As regard the subordinate Officers in PublicDepartmentsManuscript image Departments I assume that they will continue to hold their present posts whether the Offices to which they belong should be transferred to the Dominion, or remain under the administration of the local government, subject of course to any modification which may be found necessary and from which no agreement could reasonably be expected to protect them.
10. Under the arrangements which I have sketched, if the Colonial Secretary and Attorney General can be otherwise provided for, I think it probable that the Canadian Government maybeManuscript image be relieved of any present necessity for the payment of pensions. But, I regard it as necessary that the provision should be made in the event of necessity and as security to the Officers concerned that they will not be allowed to go without either employment or pension. But, it may readily be understood that the pensions will not be drawn if the claimants are provided with suitable employment.
11. In conclusion I would observe that it would be very satisfactory to all the presentOfficialsManuscript image Officials if they may be assured that such chances as they may at present possess of promotion through the Colonial Department would not be affected by any appointments which they may now accept for the purpose of facilitating the arrangements on Union; but that their claims would still be considered for employment in the Imperial service as opportunity or occasion may arise. It is my duty to bear testimony to the loyalty and good feeling with which I have beensupportedManuscript image supported by the Official body in carrying out a policy which they could not but be aware entailed some risk to them as regards their personal interest.
I have the honor to be,
My Lord,
Your most obedient
humble Servant
A. Musgrave
Minutes by CO staff
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Mr Herbert
Lord Granville mentioned in his despatch of 14 Aug 1869 that the care of office holders should not be lost sight of in arranging the terms of Union with Canada.
As Govr Musgrave remarks that is done by the terms of Union agreed upon between the Columbian Delegates & the Govr of Canada.
He thinks for most of the officers some officialManuscript image provision will be made, but there are two however recently appointed for whom, if the Secy of State could provide it would facilitate matters—Mr Hankin the Colonial Secy and Mr Phillippo the Att. General. The 1t was appointed in 1868, & has done well there & for some little time administered the Govt, between Govr Seymours death, & Mr Musgraves assumption ofManuscript image the Govt.
Of Mr Phillippo I can say nothing from personal knowledge.
In par. 11 Mr Musgrave says it would be "satisfactory to the officials if they were assured that their chances of promotion under this Office would not be affected by any appt they may now accept for the purpose of facilitating the Union arrangements."
I suppose meaning that if they accept office under theManuscript image Dominion they may still be considered as Candidates for Colonial promotion by the Secy of State.
CC 6 Jany
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Sir F. Rogers
In its present stage this resolves itself into a question of patronage.
RGWH June 6/71
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i.e. of providing somehow for Mr Hankin & Mr Philippo. I shd think neither of them are bad men. Mr Hankin I take to be a rough & ready enterprising kind of person, witht much booklearning—Mr Philippo a respectable lawyer.
The "present officials" meaning I suppose the four who are likely to be displaced want to be assured that they will not injure their chance &c (as in parag. 11). Perhaps they mt be told that their acceptance of employment under the Canadian Govt will not be considered as inconsistent with retaining their names on the list of applicants for Employment under the Col. Office, or as effacing any claim for such Employment arising from their character or services.
FR 7/1
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Sir Frederic Rogers
As this is to a certain extent a question of patronage, may I suggest that, instead of telling the officials of British Columbia that "their acceptance of employment under the Canadian Govt will not be considered inconsistent with retaining their names on the list of applicants for employment under the Col. Office &c &c," it would be better to say that their acceptance of offices under the Canadian Govt will not preclude them for applying at any future time for employment under the C.O. nor will it efface any claims to such employment which they may derive from their character & past services.
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Certainly.
The word "retain" seems to imply that their names are already on a list, which is not the case: but the chief object of my suggestion is to throw on those officials who desire to serve under the C.O. the onus of making distinct & separate applications, & then each case can be dealt with on its own merits. Moreover the Governor's phrase "present officials" may be taken to mean the whole existing civil service of British Columbia; and the very vagueness of the phrase makes it the more requisite to have distinct applications.
ERW Jan 10/71
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Draft at once.
FR 11/1
Other documents included in the file
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Draft reply, Kimberley to Musgrave, No. 3, 19 January 1871.
Minutes by CO staff
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Mr Cox
What answer as regards Messrs Hankin & Philippo?
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Mr Herbert
I have added a few words for consideration.
Musgrave, Anthony to Wodehouse, John 17 November 1870, CO 60:41, no. 144, 224. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B70147.html.

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