No. 75
Downing Street
14 November 1861
I have the honor to acknowledge the receipt of your despatch No. 59 of the 10th of September, on the subject of the claim made by the Representatives of the late Mr. Heseltine for salary due to him at the time of his death as Inspector Engineer to the Government of Vancouver Island.
I am unable to concurinManuscript image in the reasons which have induced you to reject this Claim. That Mr. Heseltine was an undeserving person and that he rendered no real service to the public, appears evident from your report. But he was engaged, as the papers submitted to me show, at a regular salary to fill an Office from which you neither suspended nor dismissed him. Mr. Heseltine's conduct may have been such as towarrantManuscript image warrant his dismissal, but it cannot be made a ground on which to withhold his pay whilst he retained the capacity of a public service. Unless therefore there may have been in the terms of Mr. Heseltine's engagement some special condiditon as to the payment of the Salary, of which I am not aware, it appears to me that the claim which has been preferred is a valid one and thattheManuscript image the salary due at the time of his death should be paid to his legal Representatives. You will be so good as to report to me again on the subject, remitting, if there be no further objections, to the Colonial Agents the money necessary for settling this claim.
I have the honor to be
Your obedient Servant,