Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
17 November 1870, CO 60:41, no. 144, 224.
Abstract
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
17 November 1870, CO 60:41, no. 144, 224.
Despatch to London.
Minutes (7), Other documents (1), Marginalia (3).
No. 147
17th November 1870
My Lord,
In Lord Granville's Despatch No 84, of the 14th August, 1869
on the subject of the proposed Union of this Colony with Canada
he mentioned the future position of Government Servants as one
of those questions requiring some personal care on the part of
the Governor which would not be necessary in the case of a
negotiation between twoResponsible
Responsible Governments.
Responsible Governments.
2. Your Lordship is aware that by the sixth Article of the
Scheme of Union agreed upon between the Canadian Ministry and
the Delegates from this Government it is stipulated that
suitable Pensions such as shall be approved by Her Majesty's
Government shall be provided by the Government of the Dominion
for those of Her Majesty's Servants in the Colony whose position
and emoluments derived therefrom would be affected by political
changes on the admission of British Columbia into the Dominion
of Canada.
And ina
a Despatch from Lord Lisgar dated 7th July 1870
communicating the terms which had been arranged, he said:
I have been requested by my responsible advisers to add the
assurance that such provisions shall be made for the retiring
Pensions of Public Officers in British Columbia as you may
approve of.
a Despatch from Lord Lisgar dated 7th July 1870
communicating the terms which had been arranged, he said:
I have been requested by my responsible advisers to add the
assurance that such provisions shall be made for the retiring
Pensions of Public Officers in British Columbia as you may
approve of.
3. Ample assurance is thus given for the provision of retiring
allowances if they shall really be required. But, I have learnt
from the Delegates since their return that the Canadian
Government is most anxious to avoid the necessity for themif
if it
be possible. They think that to many of the Officers they may
be able to afford employment satisfactory to them, and that in
the cases of others Your Lordship may be willing to provide for
them by appointments in other Colonies.
It is the latter question that I now
desire to submit for Your Lordship's consideration.
if it
be possible. They think that to many of the Officers they may
be able to afford employment satisfactory to them, and that in
the cases of others Your Lordship may be willing to provide for
them by appointments in other Colonies.
It is the latter question that I now
desire to submit for Your Lordship's consideration.
4. It is difficult to deal with the Officers who will be
displaced by Confederation and the subsequent introduction of
Responsible Government, simply as a class, with regard to the
probability ofproviding
providing for them here under the new
arrangements. The peculiar circumstances and qualifications of
each Officer have to be considered. Those who will be affected
injuriously by the change are [salaries inserted in the margin]:
The Colonial Secretary, Mr Hankin [£800].
The Attorney General, Mr Phillippo [£800].
The Commissioner of Lands and Works, Mr Trutch [£800].
The Collector of Customs, Mr Hamley [650], and
The Auditor General, Mr Ker [£500].
Stipendiary Magistrates:
Of
providing for them here under the new
arrangements. The peculiar circumstances and qualifications of
each Officer have to be considered. Those who will be affected
injuriously by the change are [salaries inserted in the margin]:
The Colonial Secretary, Mr Hankin [£800].
The Attorney General, Mr Phillippo [£800].
The Commissioner of Lands and Works, Mr Trutch [£800].
The Collector of Customs, Mr Hamley [650], and
The Auditor General, Mr Ker [£500].
Stipendiary Magistrates:
Of these, the Magistrates may for some purposes be considered a
class apart, of whom I shall speak presently. The other five
Officers will probably all be displaced, except Mr Hamley the
Collector of Customs, whose services I think the Government of
the Dominion will probably be glad to retain, and who I believe
will not be unwilling to serve under them provided that it is
understood that in the event of his being subsequently
displaced he may have recourse to the provison for a pension.
Mr Trutch would probably prefer to remainin
in the service of the
Imperial Government if suitable employment could be given to him.
But, I think he would not be unwilling to take an appointment
from the Dominion Government and I think it likely also that one
may be found for him which may be acceptable. Probably Mr Ker,
the Auditor General, may in like manner be suited with
employment under the Federal Government which will leave him in
no worse position than that which he now occupies. But, there
remain the Colonial Secretary and the Attorney General, whohave
have
been but very recently appointed to this Government since the
question of Union with Canada was agitated; this is especially
the case with Mr Phillippo. There will scarcely be any Office
in this Province in the gift of the Government of the Dominion
which would be suitable to either of these gentlemen, and I am
acquainted that the Ministry of Canada regard the provision of
pensions for them as bearing hardly upon Canada, having
reference to the exceedingly short term of their service in this
Colony. It would therefore facilitate theproposed
proposed arrangements
very much if it should be possible for Your Lordship to find
employment for these two gentlemen elsewhere, and I should be
glad to be informed upon this point for my guidance in further
negotiations.
in the service of the
Imperial Government if suitable employment could be given to him.
But, I think he would not be unwilling to take an appointment
from the Dominion Government and I think it likely also that one
may be found for him which may be acceptable. Probably Mr Ker,
the Auditor General, may in like manner be suited with
employment under the Federal Government which will leave him in
no worse position than that which he now occupies. But, there
remain the Colonial Secretary and the Attorney General, whohave
have
been but very recently appointed to this Government since the
question of Union with Canada was agitated; this is especially
the case with Mr Phillippo. There will scarcely be any Office
in this Province in the gift of the Government of the Dominion
which would be suitable to either of these gentlemen, and I am
acquainted that the Ministry of Canada regard the provision of
pensions for them as bearing hardly upon Canada, having
reference to the exceedingly short term of their service in this
Colony. It would therefore facilitate theproposed
proposed arrangements
very much if it should be possible for Your Lordship to find
employment for these two gentlemen elsewhere, and I should be
glad to be informed upon this point for my guidance in further
negotiations.
5. The Stipendiary Magistrates form another Class of Officers
who notwithstanding their value would almost certainly be
disturbed in their appointments on the introduction of
Responsible Government. These Magistrates are not only Justices
of the Peace, butCounty
County Court Judges, Indian Agents, Assistant
Commissioners of Lands and Works, Collectors of Revenue, and
General Government Agents in the different Departments of the
Public service at their several Stations hundreds of miles apart.
I think that as a Rule these appointments are singularly well
filled, and I regard the successful administration of this
government and the remarkable maintenance of Law and order as
compared with the neighbouring Territories as mainly due tothe
the
services of these officers.
County Court Judges, Indian Agents, Assistant
Commissioners of Lands and Works, Collectors of Revenue, and
General Government Agents in the different Departments of the
Public service at their several Stations hundreds of miles apart.
I think that as a Rule these appointments are singularly well
filled, and I regard the successful administration of this
government and the remarkable maintenance of Law and order as
compared with the neighbouring Territories as mainly due tothe
the
services of these officers.
7. [6.] As the Supreme Government of the Colony as well as the
administration of all affairs relating to the Indian Tribes will
rest with the Dominion, I regard it as of the greatest
importance to the tranquillity of the Province and the success
of the Union that these Officers should be Officers of the
Dominion and not be transferable to the control, or caprice of
local party government; who through mistaken motives of economy
by the substitution of unpaid or irresponsible Magistrates,or
or
some such policy, might entail upon the government at Ottawa an
amount of trouble and expense not easily to be computed.
or
some such policy, might entail upon the government at Ottawa an
amount of trouble and expense not easily to be computed.
7. I propose therefore that these Officers should be Officers
of the Dominion as County Court Judges and Indian Agents. If it
should not be thought objectionable to unite service to the
local government to responsibility to the federal authorities,
they might continue to render aid under the direction of the
Lieutenant Governor as the Deputy of the Governor inChief
Chief
in the administration of local affairs, as they do now in the
business of the Land and Works, the collection of Revenue, and
other Miscellaneous duties. But, I would have them paid by
Canada and not amenable to the local administration except
through the Lieutenant Governor as representing the central authority.
Chief
in the administration of local affairs, as they do now in the
business of the Land and Works, the collection of Revenue, and
other Miscellaneous duties. But, I would have them paid by
Canada and not amenable to the local administration except
through the Lieutenant Governor as representing the central authority.
8. This being conceded I should seek for an assurance to these
Officers from the Government of Canada that their appointments
will be considered permanent, thatis
is they shall not be removed
without cause shewn, and that in the event of any organic change
in the official arrangements they shall either be provided with
appointments of equal value, or allowed to retire on pensions of
two thirds of their present emoluments; which may be estimated
in each case as Five hundred pounds (£500.0.0), though in some
instances an extra allowance has been made on account of the
greater expense of living in different districts.
is they shall not be removed
without cause shewn, and that in the event of any organic change
in the official arrangements they shall either be provided with
appointments of equal value, or allowed to retire on pensions of
two thirds of their present emoluments; which may be estimated
in each case as Five hundred pounds (£500.0.0), though in some
instances an extra allowance has been made on account of the
greater expense of living in different districts.
9. As regard the subordinate Officers in PublicDepartments
Departments I
assume that they will continue to hold their present posts
whether the Offices to which they belong should be transferred
to the Dominion, or remain under the administration of the local
government, subject of course to any modification which may be
found necessary and from which no agreement could reasonably be
expected to protect them.
Departments I
assume that they will continue to hold their present posts
whether the Offices to which they belong should be transferred
to the Dominion, or remain under the administration of the local
government, subject of course to any modification which may be
found necessary and from which no agreement could reasonably be
expected to protect them.
10. Under the arrangements which I have sketched, if the
Colonial Secretary and Attorney General can be otherwise
provided for, I think it probable that the Canadian Government
maybe
be relieved of any present necessity for the payment of
pensions. But, I regard it as necessary that the provision
should be made in the event of necessity and as security to the
Officers concerned that they will not be allowed to go without
either employment or pension. But, it may readily be understood
that the pensions will not be drawn if the claimants are
provided with suitable employment.
be relieved of any present necessity for the payment of
pensions. But, I regard it as necessary that the provision
should be made in the event of necessity and as security to the
Officers concerned that they will not be allowed to go without
either employment or pension. But, it may readily be understood
that the pensions will not be drawn if the claimants are
provided with suitable employment.
11. In conclusion I would observe that it would be very
satisfactory to all the presentOfficials
Officials if they may be assured
that such chances as they may at present possess of promotion
through the Colonial Department would not be affected by any
appointments which they may now accept for the purpose of
facilitating the arrangements on Union; but that their claims
would still be considered for employment in the Imperial
service as opportunity or occasion may arise. It is my duty to
bear testimony to the loyalty and good feeling with which I have
beensupported
supported by the Official body in carrying out a policy
which they could not but be aware entailed some risk to them as
regards their personal interest.
Officials if they may be assured
that such chances as they may at present possess of promotion
through the Colonial Department would not be affected by any
appointments which they may now accept for the purpose of
facilitating the arrangements on Union; but that their claims
would still be considered for employment in the Imperial
service as opportunity or occasion may arise. It is my duty to
bear testimony to the loyalty and good feeling with which I have
beensupported
supported by the Official body in carrying out a policy
which they could not but be aware entailed some risk to them as
regards their personal interest.
Minutes by CO staff
Mr Herbert
Lord Granville mentioned in his despatch of 14 Aug 1869 that the care of office holders should not be lost sight of in arranging the terms of Union with Canada.
Lord Granville mentioned in his despatch of 14 Aug 1869 that the care of office holders should not be lost sight of in arranging the terms of Union with Canada.
As Govr Musgrave remarks that is done by the terms of Union
agreed upon between the Columbian Delegates & the Govr of Canada.
He thinks for most of the officers some official
provision will
be made, but there are two however recently appointed for whom,
if the Secy of State could provide it would
facilitate matters—Mr Hankin the Colonial Secy and Mr
Phillippo the Att. General. The 1t was appointed in 1868, &
has done well there & for some little time administered the
Govt, between Govr Seymours death, & Mr Musgraves assumption
of
the Govt.
provision will
be made, but there are two however recently appointed for whom,
if the Secy of State could provide it would
facilitate matters—Mr Hankin the Colonial Secy and Mr
Phillippo the Att. General. The 1t was appointed in 1868, &
has done well there & for some little time administered the
Govt, between Govr Seymours death, & Mr Musgraves assumption
of
the Govt.
Of Mr Phillippo I can say nothing from personal knowledge.
In par. 11 Mr Musgrave says it would be "satisfactory to the
officials if they were assured that their chances of promotion
under this Office would not be affected by any appt they may
now accept for the purpose of facilitating the Union arrangements."
I suppose meaning that if they accept office under the
Dominion
they may still be considered as Candidates for Colonial
promotion by the Secy of State.
Dominion
they may still be considered as Candidates for Colonial
promotion by the Secy of State.
CC
6 Jany
Sir F. Rogers
In its present stage this resolves itself into a question of patronage.
In its present stage this resolves itself into a question of patronage.
RGWH
June 6/71
i.e. of providing somehow for Mr Hankin & Mr Philippo.
I shd think neither of them are bad men.
Mr Hankin I take to be a rough & ready enterprising kind of
person, witht much booklearning—Mr Philippo a respectable lawyer.
The "present officials" meaning I suppose the four who
are likely to be displaced want to be assured that they will not
injure their chance &c (as in parag. 11). Perhaps they mt be
told that their acceptance of employment under the Canadian
Govt will not be considered as inconsistent with retaining
their names on the list of applicants for Employment under the
Col. Office, or as effacing any claim for such Employment
arising from their character or services.
FR
7/1
Sir Frederic Rogers
As this is to a certain extent a question of patronage, may I suggest that, instead of telling the officials of British Columbia that "their acceptance of employment under the Canadian Govt will not be considered inconsistent with retaining their names on the list of applicants for employment under the Col. Office &c &c," it would be better to say that their acceptance of offices under the Canadian Govt will not preclude them for applying at any future time for employment under the C.O. nor will it efface any claims to such employment which they may derive from their character & past services.
As this is to a certain extent a question of patronage, may I suggest that, instead of telling the officials of British Columbia that "their acceptance of employment under the Canadian Govt will not be considered inconsistent with retaining their names on the list of applicants for employment under the Col. Office &c &c," it would be better to say that their acceptance of offices under the Canadian Govt will not preclude them for applying at any future time for employment under the C.O. nor will it efface any claims to such employment which they may derive from their character & past services.
The word "retain" seems to imply that their names are already on
a list, which is not the case: but the chief object of my
suggestion is to throw on those officials who desire to serve
under the C.O. the onus of making distinct & separate
applications, & then each case can be dealt with on its own
merits. Moreover the Governor's phrase "present officials" may
be taken to mean the whole existing civil service of British
Columbia; and the very vagueness of the phrase makes it the more
requisite to have distinct applications.
ERW
Jan 10/71
