No. 17
24th June 1869
My Lord,
I have the honor to forward a correspondence addressed to Your Lordship by Mr G.W. Cox late StipendiaryMagistrateManuscript image Magistrate of this Colony, with a copy of a letter from Mr Cox to Governor Seymour requesting that the correspondence might be forwarded.
2. I have inquired carefully into this matter, in order to give Your Lordship every information in my power, and I find that when the reductions consequent on the Union of the ColoniesandManuscript image and the failing state of the Revenue were made, Mr Cox as Junior Stipendiary Magistrate, was the first among that class of Officers whose appointment was abolished.
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See 50/6959-68.
3. He was however, by letter of the 1st May, and the subject is again enlarged upon in the letter of the 11th May (both enclosed) offered another appointment of a lesspecuniaryManuscript image pecuniary value certainly, but he was to retain his Commission and act as Justice of the Peace.
4. This appointment Mr Cox declined to accept.
5. Subsequently Mr Cox received Three hundred pounds (£300), as full compensation for loss of Office.
6. With regard to Mr Cox's claim forSalaryManuscript image Salary for the Months of June and July 1868, I do not see how such claim can be maintained for by the Colonial Secretary's letter of 28th May 1868 he was informed that the abolition of his Office would take place on the 31st May.
7. The case of Mr Harbor Master Cooper to which Mr Cox refers, I scarcely think parallel.
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See 11/3403-69 [and] Treasy/4218-69.
He came forward, andofferedManuscript image offered to resign his Office (an Office which had been specially created by the Imperial Government in 1858), for a specific sum of £600, which offer the Government of British Columbia accepted.
8. Mr Cox's case was fully, and frequently gone into, by the late Governor in Council, and it was then clearly decided, that the compensationmadeManuscript image made had been ample, and I have no reasons to offer to Your Lordship for reversing that decision.
9. I am not acquainted with Mr Cox myself, but I have always understood he proved himself an energetic and painstaking Officer.
I have the honor to be
My Lord
Your Lordship's most obedient
humble Servant
Philip J. Hankin
Administering the Government
Minutes by CO staff
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Sir F. Sandford
Mr Cox's demand is for two months Salary of his late Office. He has not the slightest claim to it as the Ag Governors despatch clearly shews.
He was told on the 2d May 1868 that his Office was to be abolished & he was offered a more subordinate one with about 1/2 (as I gather) theManuscript image Salary of his own Office.
This he refused & he was told that his Office wd be abolished on the 31 May & he was offered 4 months Salary or 9 months leave of absence. He finally accepted $1500 (4 Month's Salary) in full compensation for the loss of his office—but having recd it in Aug, he claimed Salary for May and June.
He might have madeManuscript image a grievance of receiving only 4 months pay instead of 9 Months on abolition of his Office.
Answer that Lord Granville regrets that Mr Cox's claim for two months Salary of his late Office is not one that it is possible for him to entertain under the circumstances of the case.
CC 26 July
FR 26/7
WM 27/7
G 28/7
Documents enclosed with the main document (not transcribed)
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G.W. Cox to Seymour, 14 May 1869, asking the governor to forward the "accompanying letter and correspondence to the Secretary of State."
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Cox to Granville, 10 May 1869, explaining his position in detail and making a claim for two months salary in addition to his original settlement, with enclosures.
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Summary of documents accompanying Cox's letter to the Secretary of State.
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A.N. Birch, Colonial Secretary, to Cox, 27 April 1867, instructing him to proceed to the Columbia District as Stipendiary Magistrate and Gold Commissioner.
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D. Maunsell to Cox, 12 December 1867, assuring him the governor had never expressed "suprise at your having left your district without express orders being sent to you to do so."
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W.A.G. Young, Colonial Secretary, to Cox, 27 April 1868, concerning the disposition of Mr. Vowell, Chief Constable.
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Young to Cox, 1 May 1868, acquainting Cox that the office of Gold Commissioner for the Columbia District would be abolished and offering him an appointment as Deputy Collector of Customs at Fort Shepherd.
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Young to Cox, 11 May 1868, acknowledging receipt of Cox's letter of 6 May, with assurances there was no intention to degrade him by offering a lesser post.
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Young to Cox, 28 May 1868, informing him the office of Gold Commissioner at Big Bend would be abolished on 31 May 1868.
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Young to Cox, 7 August 1868, informing him that $1500 would be paid to him as compensation for loss of office.
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Young to Cox, 17 August 1868, declining his request for additional compensation above the six months already granted.
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Young to Cox, 31 August 1868, announcing that no further compensation would be allowed.
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Young to Cox, 30 November 1868, advising that his own copies of correspondence would be sufficiently authentic to send to the Secretary of State.
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Young to Cox, 16 November 1868, with information that the governor had considered his claim in Council, and that it would not be acceded to.
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Treasury receipt signed by Cox, 8 August 1868, for the sum of $1,500 in "full payment of compensation for loss of office consequent upon abolition of the Magistry of the Columbia District."
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Cox to Seymour, 5 May 1868, expressing suprise at the governor's offering him so subordinate a position as that of Deputy Collector, at half his previous salary.
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Cox to Young, 18 May 1868, acknowledging letter of 11 May, with further explanation and appeals.
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Cox to Young, 3 June 1868, application for payment of salary arrears and travelling expenses.
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Cox to Young, 19 June 1868, again applying for travelling expenses and asking for clarification of his position in the government service.
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Cox to Seymour, 7 July 1868, acknowledging receipt of letter of 4 July and asking for compensation.
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Cox to Seymour, 28 July 1868, asking that six months salary in advance be granted him as compensation for loss of office instead of the four offered by the government.
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Cox to Seymour, 11 August 1868, drawing his attention to the fact that two months salary for June and July were still owed him, in addition to the compensation already paid.
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Cox to Young, 24 August 1868, drawing his attention to the governor's minute of 23 July.
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Cox to Young, 6 October 1868, reminding him that six months salary in advance had been asked for and granted, and that he understood himself still in the service of the government despite loss of office; hence the request for his salary for June and July.
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Cox to Young, 20 November 1868, stating he had not requested "further compensation", but rather the two months salary owing him. Cox informed of his intention to appeal the matter to the Secretary of State and asked for copies of relevant correspondence.
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Seymour to Cox, 4 July 1868, stating it was never his intention to degrade Mr Cox and asking, in view of the state of colonial finances, "What can I do for you?"
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Memorandum, Seymour to Young, 23 July 1868, with directions to offer Cox four months salary or nine months leave of absence and to express his regret "at the present necessity for dispensing with his services."
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Seymour to Cox, 29 July 1868, advising that six months salary would be allowed instead of four as compensation and acknowledging Cox's able and energetic conduct as magistrate.
Other documents included in the file
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Draft reply, Granville to Musgrave, No. 76, 31 July 1869.
Hankin, Philip J. to Leveson-Gower, Granville George 24 June 1869, CO 60:36, no. 8149, 83. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.0, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B69117.html.

Last modified: 2020-03-30 13:22:16 -0700 (Mon, 30 Mar 2020) (SVN revision: 4193)