Despatch to London.
Minutes (5), Enclosures (untranscribed) (2), Other documents (1).
No. 39
31st March 1871
My Lord,
I have the honor to forward to Your Lordship the usual copies of
an Act which has been passed by the Legislative Council entitled—
An Act to provide for apermanent permanent Civil List.
2. The Attorney General's Report is enclosed.
3. A suspending clause has been inserted in order that the
measure should have your full consideration before coming into
effect, but I have no doubt that your Lordship will regard it as
an act of common justiceto to the present Official servants, that
the appointments which they hold should be placed upon a legal
basis before the changes take place which will be consequent
upon Confederation. It has not surprised me, however, that the
measure has been met with a good deal of opposition both in and
out of the Legislaturefrom from a certain class of politicians.
These have little sense of justice, and would have none of mercy
towards incumbents whose Offices they covet. And they view with
disapprobation any course which tends to prevent summary
extrusion of present office-holders to make room for themselves
or their adherents.
4.
4. I need not repeat the explanations which are given in the
Attorney General's Report. It will be obvious to Your Lordship
that the provision now made is permanent only in a limited
sense. If the Government which shall be established after Union
with Canada should desire deliberately to modify the CivilEstablishment
Establishment it will be quite practicable to amend the Act; but
until this is done the measure will protect present
Office-holders from sudden stoppage of their Salaries by refusal
of the annual votes on the Estimates; and on the other hand
guard against jobbing combinations for the increase of
emoluments topopular popular favorites, and additions to the number of
offices, which are quite as likely. It will probably be some
little while before Responsible Government becomes sufficiently
organized to preclude those contingencies, and unjust effects
from them.
5. The amounts named in the Schedule to the Act, withexception
exception of a few additions for which I think there is good
reason, have been voted annually for several years. The value
of the Salaries here is less than half that of the same sum in
Canada and they do not in my opinion admit of reduction. The
additions to which I refer are the increase of the Salary ofthe the
Surveyor General, or Assistant to the Commissioner of Lands and
Works, Mr Pearse, from Nineteen hundred Dollars to Two
thousand, Four hundred and Twenty-five Dollars, which had in
fact been promised to him by my predecessor; and of the Attorney
General's Clerk to Seventeen hundred and Fifty Dollars. This
latterOfficial Official is a capable and deserving person, and his
functions will be of greater importance to the Attorney General
as Assistant when that Office forms part of a moveable political
administration. A slight increase has also been made to the
Salary of the Magistrate's Clerk at Victoria and to the pay of
the printing branch of theColonial Colonial Secretary's Department. But
none of these matters of detail have been objected to in the
Council or otherwise.
6. The amounts for Heads of Departments, the Colonial
Secretary, Commissioner of Lands and Works and Attorney General
have been retained as in the Crown Salaries Act 1863. I think
it would be especially unwise to reduce themand and lessen the
inducement to men of education and character to come forward to
assist in the administration of public affairs at this juncture.
7. It may be proper to observe that this Act does not include
any of the Officers or Departments to be transferred to the
Government of the Dominionon on Union with Canada, it having been
arranged specially, as the Attorney General remarks, with
reference to the requirement of the local Government after
Confederation; and I do not believe that any part of the
Establishment provided for can be reduced with advantage.
I have the honor to be,
My Lord,
Your most obedient
Humble Servant A. Musgrave
Sir F Rogers
I have nothing to add to the observations upon this Act made by
the Govr & the Attorney General.
As the Act does not include any of the Officers or Departments
to be transferred to the Government of the Dominion I see no
legal reason why it should not be sanctioned.
I may remark that this Act & the Responsible Govt Act have been
passed with Suspending clauses. By a Circular of 12 Jany we
informed some of the Colonies that Ld K proposed to change the
practice laid down in rule 51 of Col. Regulations & to sanction
in the ordinary manner by Despatch laws with suspending clauses.
But that before deciding upon the change he wished to have the
views of the Colonies upon the point.
This Circular only went to the West Indies. Shall we sanction
these 2 Acts by Order in Council or by Despatch?
Documents enclosed with the main document (not transcribed)
Three printed copies of act not on microfilm.
George Phillippo, Attorney General, to Musgrave, 29 March
1871, reporting on the act as per despatch.
Other documents included in the file
Kimberley to The Lord President, 12 May 1871, forwarding
copy of the act and recommending that it be submitted to the Queen
in Council for confirmation.