No. 6
9th February 1871
My Lord,
Referring to my Despatch No 147 of the 17th November last, I have the honor to forward to Your Lordship a copy of correspondence which has passed between Lord Lisgar and myself upontheManuscript image the subject of ensuring pensions to the Officers now in the service of British Columbia who will be affected by the Union of this Colony with the Dominion.
2. I think it right that provision for these pensions should be clearly made by Act of Parliament of the Dominion, and I have little doubt that Your LordshipwillManuscript image will take the view of the matter which I have expressed in this correspondence. If any of the Officers to whom the arrangement applies should accept other Office from the Imperial Government, or the Government of Canada, the pension may be suspended during the time he may hold such appointment; but I think that the right to electwhetherManuscript image whether he will take such other office should rest with him.
3. The Report of the Privy Council of Canada of the 7th January forwarded to me in Lord Lisgar's Despatch of 9th January contains a provision that in consideration of the loss and inconvenience I shall be subjected to by the termination of my employment here upon theUnionManuscript image Union of this Colony with Canada, half a year's Salary shall be paid to me. I should observe that I did not make any official application for such an allowance. In a private Note to a leading member of the Canadian administration I had alluded to the prejudicial effect upon my own position which would be produced bytheManuscript image the Union. I mentioned that although I confidently hoped for an appointment from Your Lordship to other employment elsewhere I yet might be some time without such occupation. And I asked whether he thought that it would be unfair to request that I should be placed in the same position as if I had obtained a year's leave ofabsenceManuscript image absence from my government, in which case I should be allowed to draw half my Salary for that time. The provision in the Minute of Council has I believe originated in what thus passed in private correspondence without any formal request.
4. I trust that Your Lordship will not regard this provision as objectionable. IhaveManuscript image have some confidence that you will look upon the special circumstances of the termination of my service here as giving me a claim for other employment; but some time may elapse before any suitable vacancy occurs; during which period without this moderate provision from the Canadian Government I should sufferseriousManuscript image serious loss and inconvenience from the effect of a measure, which I know has been brought to a successful issue mainly through my personal exertions.
I have the honor to be,
My Lord,
Your most obedient
Humble Servant
A. Musgrave
Minutes by CO staff
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Mr Dealtry
B. Columbia Confederation with Dominion of Canada.
I think it is clear that there will be no hitch as regards provision for the displaced Columbian Public Officers—especially if Mr Hankin the Col. Secy, & Mr Phillippo the Attorney General are provided for elsewhere.
You will find the Address to the Queen in 2349.
CC 8/3
WD 8/3
Sir F. Rogers
I do not quite understand why Mr PhilippoManuscript image should lose his place. Surely B Columbia when a province of the Dominion will want an Attorney General; & £800 is not a very high price for a good lawyer.
HTH 9/3
They will have responsible Local Govt and the Col. Secy and Atty Genl will be removable officers.
The only question, I think, is whether Mr Musgrave should be allowed to accept this 1/2 year's salary. I should be disposed to allow it. It is not contrary to regulation, and I do not see that the precedent is likely to lead to inconvenience the case being so much sui generis. I shd not at present express any opinion abt the claims of the officers, abt wh Ld K may have to give judgment [knegth?] Ackn. and sanction the receipt by Gov M of the 1/2 years Salary.
FR 9/3
I agree. 1/2 years salary is not by any means too large a reward for the service Mr M. has rendered, & it is to be hoped that these services may again be made use of before long.
EHKH 10/3/71
I agree.
K March 10/71
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See from Canada—Gov. 96, 4556 April 27, 1871.
Documents enclosed with the main document (not transcribed)
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Musgrave to Lisgar, Canada, 22 November 1870, respecting provisions to be made for the reemployment or pensioning of certain public officers upon confederation.
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Lisgar to Musgrave, 9 January 1871, enclosing an approved minute by the Executive Council on the subject.
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"Copy of a Report of a Committee of the Honorable the Privy Council approved by His Excellency the Governor General in Council on the 7th January, 1871," ensuring pensions or employment to the officers in question, certified by Wm. H. Lee, Clerk, Privy Council of Canada.
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Musgrave to Lisgar, 9 February 1871, expressing concern that the provisions suggested were not sufficiently explicit, and forwarding a minute by the Executive Council on the subject.
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"Extract from the minutes of the Executive Council of February 6th 1871," signed by Philip J. Hankin, Clerk of the Council.
Other documents included in the file
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Draft reply, Kimberley to Musgrave, No. 21, 15 March 1871.