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 toproduceManuscript image 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 negotiationsthenManuscript image 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 thatnoneManuscript image 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 haveeveryManuscript image 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 specialarrangementManuscript image 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 believetoManuscript image 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 considerationofManuscript image of the Government of the Dominion.
I have the honor to be,
My Lord,
Your most obedient
Humble Servant
A. Musgrave
Minutes by CO staff
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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 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 PensionstoManuscript image 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.
RGWH June 8/71
Mr Herbert
Under the Union Agreement Canada "undertook to defray the SalariesManuscript image & 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—Manuscript imagenor am I aware at this moment of any rule precluding the Judge from counting his service as Att: General,
Yes. Hong Kong herewith—Secs. 3 & 4 preclude it.
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 BritishManuscript image 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)
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H.P.P. Crease to Kimberley, 9 May 1871, stating his concerns and claims with respect to his entitlement to a pension.
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Crease to Musgrave, 10 February 1871, expressing concern that he would not be pensioned, and seeking Musgrave's favourable "representations in the proper Quarters."
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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.
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Crease to Musgrave, 18 February 1871, expressing the hope that the matter may again be brought forward at a later date.
Other documents included in the file
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Draft reply, Kimberley to Musgrave, No. 66, 3 July 1871.
Musgrave, Anthony to Wodehouse, John 11 May 1871, CO 60:44, no. 5556, 14. 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/B71056.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)