No. 3
               
            
            
               7th January 1870
               
               My Lord,
                
            
            
               I have had the honor to receive Your Lordship's Despatch N
o
               101, of the 
3rd November, enclosing copies of correspondence
               between 
Mr Young, the Colonial Office and the Treasury
               respecting his application for a gratuity on
account
 account of the loss
               of his Office and authorizing me to recommend to the Council
               that a gratuity equivalent to not more than six months Salary
               should be voted to 
Mr Young.
               
               2.  Having regard to the peculiar legislative constitution of
               this Colony, which enables any grant however exceptional in its
               character to be obtained from the Council if the Official
               Members are ordered to vote as the Governor directs, I think it
my
 my
               duty to call Your Lordship's attention to some circumstances in
               this case before the vote is brought forward at Your Lordship's
               instance.
               
               3.  
Mr Young's case is not in fact analogous to those of other
               Officials who have received compensation for loss of Office.
               That from which 
Mr Young was removed has not been abolished.
               The Colony has derived no financial advantage from his removal;
               on the contrary it has been put to the expense of
several
 several
               hundred pounds for passage money; and neither the Legislature
               nor the public desired that he should be removed.  Under these
               circumstances I fear that the Council will not regard it as a
               case in which compensation can fairly be claimed from the
               Colony, especially when through the circumstances attending 
Mr
                  Young's removal it has already been charged with the expense of
               two Colonial Secretarys
               
               for
several
 several months—full Salary having
               been paid to 
Mr Young up to the 
7th April, while half Salary
               was paid to 
Mr Hankin from 
21st November, to 31st December,
               the date of his arrival in the Colony, and full Salary from that
               date to 
7th April when he assumed the duties of his Office.
               
               4.  On the Union of 
Vancouver Island with 
British Columbia it
               was not the intention of Her Majesty's Government or of the
               community to abolish Offices
simply
 simply in order to dismiss all
               public servants who had the misfortune to belong to one section
               of the United Colony, so much as to consolidate the double
               official departments for the sake of economy.  In the case of
               the Colonial Secretary's Office, a vacancy was created in that
               of 
British Columbia (Mainland) by the resignation of 
Mr Birch
               which readily enabled such consolidation.  
Mr Young, Colonial
               Secretary of 
Vancouver Islandwas
 was therefore appointed Acting
               Colonial Secretary of the United Colony and he discharged the
               duties of his Office for two years, nor was there any public
               objection to his continuing to hold the appointment.  If he had
               done so  he would then have been the only Official formerly
               holding any Office of importance in 
Vancouver Island who had
               been retained in the Service except the Chief Justice.  I need
               not conceal from Your Lordship that considerable
soreness
 soreness of
               feeling exists in 
Vancouver Island as to the manner in which the
               rearrangement of the public departments was effected on the
               Union of the Colonies, and I am sure that the irritation will be
               reawakened by any application for compensation to 
Mr Young; who
               was not removed for the advantage of the Colony; and who was
               replaced by another Officer sent from England, not by anyone
               within the
Government
 Government for whom it was expedient to provide.
               I am satisfied that the Unofficial Members of the Council will
               not approve of the proposed grant and if passed by the Official
               Vote only  the proceeding will be regarded as an arbitrary
               exercise of the authority of the Government.
               
               5.  I annex an Extract from the Minutes of the Executive Council
               from which it appears that the grant of passage money to 
Mr
                  Young was
intended
 intended as compensation in full for all claim.
               
               I have the honor to be
               My Lord,
               Your most obedient
               humble Servant
               
A. Musgrave
               
               Minutes by CO staff
               
                
                  
                  Sir F. Rogers
                     I think it would have been better if 
Mr Musgrave had submitted
                     the case for the consideration & decision of the
                     Council—leaving the officials to vote as they pleased—it
                     certainly was not one to force on the Council.  I think also
                     that 
Mr Musgrave loses sight of the fact that 
Mr Young did
                     lose his app
t as Colonial
 Secy
 Secy of Vancouver Island on the
                     abolition of that app
t.  Had 
Mr Birch remained as Colonial
                     
Secy Mr Young would have been without Office & most fairly
                     entitled to some gratuity for his loss.
                     
 
                  
                  
                   
                  
                  
                     I agree with 
Mr Musgrave, and think he was right in not
                     exposing 
Ld G. to a refusal.
                     
                     I 
wd answer 
Mr Young that 
Lord G had communicated with the
                     Gov. of B.C. and found that there was no chance of carrying the
                     gratuity, except by the means

 of the official majority, of 
wh
                     in such a case it 
wd not be proper for a Governor to avail himself.
                     
 
                  
                  
                     Received 2/3.
                     
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Extract from minutes of the Executive Council, 8 May 1869, as
                     per despatch.
                     
                     
                   
            
            
               Other documents included in the file