Colonial Despatches

Mr Holland
See minute on 1382. Also 1393.

Mr Meade

Mr Holland
Would you and Sir F. Rogers give your opinions as to filling up the new Puisne Judgeship in B.C.?

Mr Philippo is available & I imagine would make an unexceptionable appointment.

Mr Crease is recommended by the Governor in a Telegram after receiving ours in which he was told that a Puisne Judge would be sent out. I imagine there is not much force in his objection that the Salary would not tempt a competent man from England.

It is of great importance no doubt with regard to pending questions, e.g. confederation—that the Attorney Genl should be a good one & have the confidence of the Governor & I suspect that Mr Musgrave would be glad to kick Mr Crease upstairs.

Do you think that Mr C though an indifferent Attorney Genl would make a good Puisne Judge? His defects in the one office might not necessarily be of a character to interfere with the due performance of his duties in the other. But of this you who know the circes will be the best judges.

In the event of Lord Granville appointing him Puisne Judge, Mr Philippo might be offered the A. Generalship on the existing Salary & fees, subject however to an enquiry & remodelling in the Colony.

The Governor is about to be told to adjust the rate of fees as to give the A.G. fair security for such an income as he ought to receive from Govt. Can we give Mr Philippo any idea of what his pay will hereafter be or can we tell him any sum below which the Secretary of State will not sanction its being fixed?

If he accepts (supposing the offer made) his passage would be paid for him his salary not exceeding £500, or are the Fees considered as part of Salary which would in that case be above £500?

I think that it would probably be best for the Colony if Mr Crease were moved up to the Bench. Upon the whole a feeble Attorney General is likely to do more harm than a weak Judge.

If Mr Phillippo is to be offered the Attorney Generalship he might be informed that the question is not yet decided whether he should be paid by fees as well as Salary.

That if payment by fees is to cease, his Salary would not be less than £800 (I think) & that he may take private practice.

That if payment by fees is to continue, some alteration may be made in the present scale of fees, but that the object aimed at would be to ensure him £800 a year, & that in this case also he might take private practice.

I rather doubt whether he could get his passage money allowed under CO Reg. 153 as "the emoluments of his office" in either case exceed £500 a year.

I agree.

Mr Cox
Mr Phillipo accepts the place of Attorney General on these terms. Will you write to him to the above effect.

Draft reply, Herbert (for Granville) to Musgrave, No. 16, 1 March 1870.

Draft reply, Granville to Musgrave, No. 21, 7 March 1870.

Draft reply, Granville to Musgrave, No. 23, 8 March 1870.

Draft reply, Granville to Musgrave, No. 28, 18 March 1870.

Rogers to Crown Agents, 19 March 1870, directing them to reimburse Gairdner £1.10.0 on account of the stamp on the warrant for Crease's appointment.

Draft reply, Granville to Musgrave, No. 31, 25 March 1870.

Herbert to Crown Agents, 26 March 1870, directing them to reimburse Gairdner £1.10.0 on account of the stamp on the warrant for Phillippo's appointment.