No. 56
               
            
            
               14 September 1863
               My Lord Duke,
               
            
            
               The Mail bringing me Your Grace's Despatch of the 
10th July N
o 34, relative to the withdrawal of the Royal Engineers, has just arrived, and I hasten
               to avail myself of the very
               short interval before its departure to address Your Grace
               upon one point which I
consider
 consider very essential to the future
               well-being of the Colony, and that is, the selection of a
               fit and proper person to succeed 
Colonel Moody, as the Chief
               Commissioner of Lands and Works.
               
               2. Your Grace is perhaps aware that the entire Department
               of Lands and Works has been conducted by the Officers and men
               of the Royal Engineers, no Civilian assistance having been
               called in for the discharge of the office duties, and that
               therefore when the Troops are withdrawn
from
 from their Civil duties,
               not one single person will remain who has any knowledge of
               the Records, or of the system which has been pursued for the
               transaction of business connected with the Department. Your
               Grace informs me that before long you will name a Successor to
               
Colonel Moody.  From what I have stated it is very evident
               that the Successor should enter upon the duties of his Office
               at the earliest possible moment, and prior to 
Colonel Moody
               relinquishing his Civil duties; and above all it is especially
               desirable that the Chief Commissioner of Lands and Works should
               be a man thoroughly
acquainted
 acquainted with the character and resources
               of the Country from personal knowledge and experience, and
               cognizant of all the events that have transpired connected with
               its development by means of the road and land systems which
               have been introduced. As Your Grace may have some difficulty
               in selecting a person so qualified, who may in other respects
               be fitted for the responsible Office referred to, I trust I may
               be pardoned for submitting to you the names of two Gentlemen
               either of whom, I think, would most efficiently and satisfactorily
               discharge all the duties of the head of the Department.
               
 
            
            
               The first is that of 
Captain Henry Reynolds Luard, now
               serving with the Detachment of Royal Engineers.  
Captain Luard
               is a gentleman who since his residence in the Colony has gained
               the good will and esteem of all; and he is, I believe, a person
               of good professional standing, and from my own knowledge, I
               can safely say, of excellent business habits.  He has almost
               from the first had charge of all the office details of 
Colonel
                  Moody's Department, and from the moment of his taking charge a
               great increase in order, method and correctness was perceptible.
               He is thoroughly versed in every matter of detail, and has a
               perfect general knowledge of all that has
transpired
 transpired since the
               erection of the Colony. I could have no better officer than
               
Captain Luard to fill the position of Surveyor General or Chief
               Commissioner of Lands and Works.
               
               3.  Should however any Military difficulty arise which
               would prevent 
Captain Luard from being appointed to the office
               in question—even were Your Grace inclined to confer it upon
               him, I would take the liberty of placing before you the name
               of 
Mr Joseph William Trutch, a Civilian, now and for the
               past five years resident in the Colony.  
Mr Trutch is a Civil Engineer by profession, and has contracted for many of the
               works undertaken by the Government, always executing
his
 his
               Contracts in the most thorough and satisfactory manner.  From
               the experience I have had of him I believe his general
               professional knowledge, the more especially as adapted to the
               peculiar requirements of a new country where precedent and
               rule cannot always be followed, to be equal to any in the
               Country.  He is a gentleman of good social standing, and he
               bears a character in the place of the highest integrity.  I
               believe him also to be a man of thorough business habits;
               methodical but at the same time quick and accurate, and
               from the close personal knowledge I have had of him I believe
               there are not many men who would better discharge the duties
               of Surveyor General
in
 in a new Colony.  
Mr Trutch was
               introduced to me by Your Grace's predecessor, 
Sir Edward Lytton,
               and I annex a copy of a private letter which I received from
               him in addition to the official letter of introduction of the
               
29th October 1858.  Nearly five years experience of 
Mr Trutch
               has shown that the favorable mention of 
Sir Edward Lytton was
               not undeserved.
               
               4.  With reference to the last paragraph of Your Grace's
               Despatch now under reply, I would beg to observe that I do not
               anticipate any difficulty in finding suitable persons to
               fulfill the Surveying and Engineering duties hitherto performed
               by the Royal Engineers.
The
 The difficulty which presents itself
               is in immediately providing a head to carry on in the current
               work of the Department—a difficulty which I could have met
               by a provisional appointment, but I fear now to take any such
               step lest I might unintentionally interfere with Your Graces
               arrangements.  I will, however, Your Grace may rest assured
               make the best provision I can under the circumstances for
               relieving 
Colonel Moody and his staff of their Civil duties.
               
               5.  I trust Your Grace will pardon this hurried Despatch,
               written to save the outgoing Mail, but I am so sensible of
               the up-hill task
it
 it would be for any person personally unacquainted
               with the Country to enter upon the duties of the office and
               hinderance that would arise in the transaction of business
               and the execution of public works, that I desired not to lose
               an instant in submitting these circumstances to Your Grace.
               
               I have the honor to be
               My Lord Duke
               Your Grace's most obedient
               and humble Servant
               
James Douglas
               
               Minutes by CO staff
               
                
                  
                  Sir F. Rogers
                     This is related to the appointment of a successor to
                     
Colonel Moody—on which see minutes on 
3913 and 5193. The salary is to be £800 per/
63 ann.
                     
 
                  
                  
                  
                  
                  
                     I have no doubt that all the inconvenience anticipated by
 Sir J.D.
                     Sir J.D. would be the consequence of sending out a new Head who would
                     find none of the old Staff remaining. I only proposed it under the
                     idea that there was no fit man in the Colony.  Of the two now
                     recommended I should think the antecedents of 
Captn Luard is the most likely to qualify him for a position which, independently of
                     Professional attainments, ought to be one of considerable social
                     importance in the Colony. But will he quit the Army?
                     
                     Perhaps 
Mr Blackwood can find at the W.O. something
                     more than we at present know of 
Captain L. especially as to
                     his character and conduct and as to his views of a Military
                     or Civil career.
                     
 
               
               
                
                  
                  Duke of Newcastle
                     In pursuance of your Grace's direction I had instituted the necessary
                     enquiries at the War Office, & at the Office of Engineers H. Guards.  I
                     am informed that 
Captain Luard's conduct & character are unimpeachable,
                     and that, in his Military capacity he is a very "sharp" Officer.  There
                     will be no difficulty in placing him on the "seconded" list, on a
                     requisition to the H.O. from hence.  There is no necessity for 
Capn
                        Luard to quit the Army:  The "seconding" him will be sufficient.  We have
                     already several Officers of Engineers, serving in Civil capacities in the
                     Colonies (
Sims at Ceylon, 
Morrison at Mauritius, 
Col: Ord at Bermuda)
                     who have not therefore quitted the Army.
                     
 
                  
                  
                     I presume the Governor must have very good reasons for
                     selecting 
Capn Luard; or else that 
Capn Grant R.E. if the
                     offer was made to him, has thought proper to decline the
                     place for there is no question as to the eminent qualifications
                     of the latter officer and also of 
Lt Palmer for the duties of
                     C. Comm
r of Lands & Works.
                     
                     If y
r Grace 
shd decide on appointing 
Capn Luard it
                     
wd be well to do so by the earliest opp
y, as the
                     Engineers are under orders to come home, & 
Capn L. may
                     have quitted the Colony.
                     
                  
                  
                     Mr Blackwood
                     Unless there is a mail before the 
11th instt let this stand
                     over & I will see you about the other Off
rs on that day.
                     
 
                  
                  
                   
               
               
                  
                  
                     It has been ascertained since the preceding minute was written
                     by me, that the military authorities only acquiesce in the
                     "seconding" of officers when their Colonial employments are
                     of a temporary, not a permanent nature.
                     
                  
                  
                   
                
            
            
            
            
               Documents enclosed with the main document (not transcribed)
               
               
                
            
            
            
            
               Minutes by CO staff
               
                
                  
                  These are the papers relating to the selection of a
                     Chief Commissioner of Lands for 
British Columbia.  
Captn
                        Luard R.E. is strongly recommended by the Governor.  
Mr Blackwood ascertained at the War Office that his conduct and
                     character are unimpeachable, and there is no military obstacle
                     as he can be seconded without difficulty.
Unless therefore there should be some objection which
                     does not appear on the face of these papers, I should think
                     that 
Captn Luard would seem the fittest

 person to appoint? The Governor's testimony on the 1
st page of sheet 2 is
                     exceedingly strong, and seems to show the reason why this
                     Officer more especially had been selected as the object of
                     his recommendation.
                  
                  
                     I agree.  Let 
Captn Luard's appointment go out by next Mail.
                     
 
               
               
             
            
            
            
            
               Other documents included in the file
               
               
                  
                  
                  
                     Minutes by CO staff
                     
                     
                        
                        N.B. I leave out the subject of "seconding" advisedly—it possibly
                           may not arise for 3 years, & at all events we had better leave
                           the military details to the W.O.
                        
                        
                         
                      
                   
               
               
                
            
            
            
            
               Other documents included in the file
               
               
                
            
            
               Minutes by CO staff
               
               
                  
                  
                     Prepare for sig for today's Mail.
                     
                  
                  
                   
               
               
               
               
               
                
                  
                  
                     Mr Elliot
                     Will it not be advisable to write a despatch by the next
                     Mail to the 
Govr of 
B. Columbia to say that 
Mr Trutch—the
                     newly appointed Surveyor General—must give up his contracts
                     & other professional pursuits, if he has any.  
Mr Trutch
                     has lately built a bridge over the 
Fraser at his own expense
                     in return for which he is guaranteed the tolls for 7 years.
                     I send you the Proclamation (appen
d) N
o 60 & refer you
                     to 10453/
63 from 
Govr Douglas in wh
h
 he mentions 
Mr Trutch
                     having contracted for many public works.
                     
 
                  
                  
                  
                  
                  Sir F. Rogers
                     We have as you are aware written a Circular to the Colonies
                     interdicting public Officers from trade or from engaging in
                     the active management of banking or trading Companies.
                     
 
                  
                  
                     The present appears to me a different matter.  
Mr Trutch,
                     before becoming a public Officer, has built an iron bridge at
                     his own expense on condition of receiving certain tolls during
                     seven years.  He is much in the same position as if he were
                     one of the Proprietors in this Country of Battersea or Fulham
                     or any of the other private Bridges on which we are
exposed
 exposed
                     to the nuisance of paying a toll.  I do not see that we could
                     reasonably call upon him to divest himself of this private property, or
                     that his possession of it will conflict with his public duties.
                     
                     The contracts for public works may possibly involve some
                     difficulty.  The Governor's language appears only to allude
                     to works which are already executed.  We might however, if
                     you think proper, address a despatch to the Governor saying
                     that if 
Mr Trutch should accept the Office of Commissioner
                     of Crown Lands and Surveyor General, he will of course not
                     be at liberty to enter into any fresh contracts for the
                     execution of public works. In case he should at
the
 the
                     present time have any such contracts which remain to be
                     fulfilled, I should request the Governor to consider and
                     report how far they are liable to conflict with his public
                     duties, and how soon they can be completed, and whether any
                     plan can be suggested for enabling 
Mr Trutch to divest
                     himself, without undue sacrifice, of such of them as would
                     both continue for a considerable time in execution, and
                     would also appear incompatible with his official position.
                     
 
               
               
                
                  
                  
                     Treating the appointment as provisional till either 
Mr Trutch
                     has divested himself of these contracts or the 
Secy of State
                     is satisfied that they are of a nature & duration 
wh will
                     not affect the perf
ce of his duties?
                     
 
                  
                  Sir F. Rogers
                     I hope you will not think me troublesome if I ask a
                     moment's further consideration of the last sentence in this
                     draft. 
Mr Trutch's Warrant is signed and he has been gazetted.
                     There is not the least reason to suppose that he would be
                     rebellious if hereafter it were wished to supersede him, nor
                     if he were so disposed would he have any power to resist.
                     
 
                  
                  
                     But there are personal reasons, as you will see by a note
                     at the end of this draft, why it is very undesirable to show
                     any want
of
 of consideration for the gentleman whom we have only
                     just selected for this office.
                     
                     Under these circumstances I should myself decidedly prefer
                     the omission of the last sentence.  It appears to me sufficiently
                     to follow from the previous one, that the Duke calls for the
                     required report in order to deal with 
Mr Trutch absolutely as
                     it's contents may show to be proper for the public service.
                     
                     What I mean is that there might be something ungracious in
                     selecting a candidate one day
and
 and casting doubts on him the
                     next day, and that this might bear especially hard upon him
                     when the Governor happens to have a rival candidate for the same place.
                     
 
            
            
            
            
            
               Other documents included in the file
               
               
                
            
            
               Minutes by CO staff
               
                
                  
                  Mr Blackwood
                     The Commission has been signed by 
The Queen &
                     gazetted.  Can the appointment be "considered provisional"?
                     It might be made conditional on 
Mr Trutch complying
                     with certain terms?
                     
 
                  
                  
                  
                  
                  
                     I think

 that whenever the warrant is sent to the Governor
                     he might be instructed to withhold acting upon it until
                     
Mr Trutch had complied with the terms of this despatch.
                     
 
                
            
            
            
            
            
            
            
               
                  People in this document
                  
                        Adrian, Adam
                  
                        Blackwood, Arthur Johnstone
                  
                        Douglas, Sir James
                  
                        Elliot, Thomas Frederick
                  
                        Fortescue, 1st Baron Carlingford Chichester
                  
                        Grant, Captain John Marshall
                  Jadis, Vane
                  Luard, Captain Henry Reynolds
                  Lytton, Sir Edward George Earle Bulwer
                  
                        Moody, Colonel Richard Clement
                  
                        Morrison, William Lawtie
                  
                        Ord, Colonel Harry St. George
                  Palmer, Lieutenant Henry Spencer 
                  Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes
                  Rogers, Baron Blachford Frederic
                  Seymour, Governor Frederick
                  
                        Sims, Charles
                  Trutch, Sir Joseph William
                  
                        Victoria, Queen Alexandrina
                        
                
               
                  Places in this document
                  British Columbia
                  Fraser River