Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Anthony to Wodehouse, John 11 May 1871, CO 60:44, no. 5556, 14.
Abstract
Musgrave, Anthony to Wodehouse, John 11 May 1871, CO 60:44, no. 5556, 14.
Despatch to London.
Minutes (6), Enclosures (untranscribed) (4), Other documents (1), Marginalia (1).
No. 56
11th May 1871
My Lord,
I have the honor to forward a Letter addressed to Your Lordship
by Mr Justice Crease, respecting the personal effect, which in
his opinion Confederation appears likely toproduce
produce upon his
position and prospects as a Judge of the Supreme Court of this
Colony.
produce upon his
position and prospects as a Judge of the Supreme Court of this
Colony.
2. I confess I do not see that Mr Crease has any ground for
complaint, or for appealing to Your Lordship for special
interposition on his behalf. When he applied to me for the
appointment of Puisne Justice he was fully aware of the
negotiationsthen
then in progress for the union with Canada, and of
all arrangements contemplated, though he may not perhaps have
had much personal confidence in their being conducted to a
satisfactory result. He knew that no provision had been made
for any Official Pensions in this Government; and ought to have
known thatnone
none were likely to be made in the existing state of
the Colony. His position is much better now than then, when
Union was still uncertain. By the Canadian Statute 31. Vic. C.
33 retiring allowances after fifteen years service are granted
to the Judges of the Supreme Courts of the other Provinces of
the Dominion, and I haveevery
every reason for believing that this
provision will readily—indeed, must in fairness—be extended to
the Judges of British Columbia. Mr Crease has now an assurance
of a Pension of which there was no certain prospect and scarcely
a probability when he accepted the Office of Judge. But, he is
not satisfied with this; and wishes that specialarrangement
arrangement
should be made in his case that the time during which he held
the appointment of Attorney General should be counted as part
of his period of service as a Judge in respect of his future
claim to pension.
then in progress for the union with Canada, and of
all arrangements contemplated, though he may not perhaps have
had much personal confidence in their being conducted to a
satisfactory result. He knew that no provision had been made
for any Official Pensions in this Government; and ought to have
known thatnone
none were likely to be made in the existing state of
the Colony. His position is much better now than then, when
Union was still uncertain. By the Canadian Statute 31. Vic. C.
33 retiring allowances after fifteen years service are granted
to the Judges of the Supreme Courts of the other Provinces of
the Dominion, and I haveevery
every reason for believing that this
provision will readily—indeed, must in fairness—be extended to
the Judges of British Columbia. Mr Crease has now an assurance
of a Pension of which there was no certain prospect and scarcely
a probability when he accepted the Office of Judge. But, he is
not satisfied with this; and wishes that specialarrangement
arrangement
should be made in his case that the time during which he held
the appointment of Attorney General should be counted as part
of his period of service as a Judge in respect of his future
claim to pension.
3. I do not myself regard Mr Crease as having any peculiar
title to this concession which I believeto
to be most unusual, and
have not therefore thought myself at liberty to urge a request
for it upon the Government of Canada as part of the arrangements
on Union. But, in my Letter to him of the 13th February, I
remarked that it would of course be open to him at a future time
to submit any personal representations upon the subject for the
considerationof
of the Government of the Dominion.
to be most unusual, and
have not therefore thought myself at liberty to urge a request
for it upon the Government of Canada as part of the arrangements
on Union. But, in my Letter to him of the 13th February, I
remarked that it would of course be open to him at a future time
to submit any personal representations upon the subject for the
considerationof
of the Government of the Dominion.
Minutes by CO staff
Mr Meade
I think Mr Musgrave is a little sharp with Mr Crease. But with his eyes open he accepted his present £1000 in the place of the £500 he was then receiving.
I think Mr Musgrave is a little sharp with Mr Crease. But with his eyes open he accepted his present £1000 in the place of the £500 he was then receiving.
I can only suggest that Mr Crease should be told that Lord
Kimberley feels sure that any application he may address to Lord
Lisgar will meet with due consideration from the Govt of the
Dominion.
CC
6 June
I think it is contrary to our usual custom to give Pensionsto
to
Attorney Generals. There was an exception in Jamaica but that,
if I recollect rightly, was a special case. If Mr Crease has
no claim to a Pension on account of his services as Attorney
General I think he should be told so.
to
Attorney Generals. There was an exception in Jamaica but that,
if I recollect rightly, was a special case. If Mr Crease has
no claim to a Pension on account of his services as Attorney
General I think he should be told so.
I think we ought so far as we can to ensure the extension to B.
Columbia of the Canadian Act 31 Vic C. 33 giving pensions to
Judges after 15 years Service.
RM
7/6
Mr Cox
In the provision made for the principal officers on Union has the case of the Judges been considered? I do not recollect any reference to it in the Governor's despatches. If they are not secured in their places, they should, I suppose have pensions secured to them.
In the provision made for the principal officers on Union has the case of the Judges been considered? I do not recollect any reference to it in the Governor's despatches. If they are not secured in their places, they should, I suppose have pensions secured to them.
RGWH
June 8/71
Mr Herbert
Under the Union Agreement Canada "undertook to defray the Salaries
& Allowances of the Judges of the Superior Courts & the
Country or District Courts."
Under the Union Agreement Canada "undertook to defray the Salaries
& Allowances of the Judges of the Superior Courts & the
Country or District Courts."
The question of their Pensions did not arise, & they did not
come under the 6th Clause of the Agreement providing for those
Officers "whose position & emolument" would be affected by the
Union. And I conclude that as in the cases of the Judges of
Nova Scotia, Ontario &c they would be considered as entitled to
Pension & that an Act would be passed in the same terms as the
Act XXXIII of 1868.
I am not aware of anything in any Crown Colonies precluding an
Attorney General from a right to Pension the same as any other
Public Servant—
nor am I aware at this moment of any rule
precluding the Judge from counting his service as Att: General,
in the case of Ceylon it is specially laid down that
"in the case of any Queen's Advocate" being hereafter appointed
a Judge 1/4 only of his period of leave of absence as Q.A. shall
be reckoned in considering his Pension. But in the General
Pension Minute it was necessary to specify this as the Judges
receive Pensions under a Special Minute giving them Pensions as
Judges
only. And thus it happen[ed] that
Deputy Queens Advocates cannot count their service as such.
nor am I aware at this moment of any rule
precluding the Judge from counting his service as Att: General,
in the case of Ceylon it is specially laid down that
"in the case of any Queen's Advocate" being hereafter appointed
a Judge 1/4 only of his period of leave of absence as Q.A. shall
be reckoned in considering his Pension. But in the General
Pension Minute it was necessary to specify this as the Judges
receive Pensions under a Special Minute giving them Pensions as
Judges
only. And thus it happen[ed] that
Deputy Queens Advocates cannot count their service as such.
CC
10 June
I have spoken to Mr Philippo and Mr Trutch on this subject.
They both say that it is clearly understood that the Judges of
British
Columbia will stand in the same position as the other
provincial Judges of the Dominion and will receive their proper
pensions under the Act which secures the pensions of provincial
Judges.
Columbia will stand in the same position as the other
provincial Judges of the Dominion and will receive their proper
pensions under the Act which secures the pensions of provincial
Judges.
It seems to me that Judge Crease is right and the Governor wrong
as to his claim to pension. British Columbia having been a
colony without responsible Government its officers were I
apprehend entitled under the 97th Regulation to pensions in
accordance with the Imperial Acts. And under those Acts his
service as Attorney General would have counted with his service
as Judge towards his pension.
I am in some doubt as to whether this view need be expressed in
reply; and perhaps the question may be left to be raised with
the Dominion Government hereafter, as they are probably not at
present prepared to hear that all the British Columbia officers
have inchoate claims to pensions.
? Desire Governor to inform Judge Crease that Lord Kimberley
cannot doubt that the Dominion Government will place the Br.
Columbia Judges in as good a position as the judges of the other
provinces, but the Federation is now too far advanced for him to
open any new questions of this nature [revised to read: to
impose any new conditions as to pensions. K].
RGWH
June 27/71
So write.
K
June 28/71
Documents enclosed with the main document (not transcribed)
H.P.P. Crease to Kimberley, 9 May 1871, stating his
concerns and claims with respect to his entitlement to a pension.
A. Musgrave Jr., Private Secretary to Musgrave, to Crease, 13
February 1871, explaining the pension regulations and declining to
make any application to the Canadian government for special treatment.
