Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Trutch, Sir Joseph William to
Wodehouse, First Earl of Kimberley John
17 May 1871, CO 60:44, no. 4910, 358.
Abstract
Trutch, Sir Joseph William to
Wodehouse, First Earl of Kimberley John
17 May 1871, CO 60:44, no. 4910, 358.
Correspondence (private letter).
Minutes (9), Enclosures (transcribed) (2), Other documents (3).
Trutch to Kimberley
London
May 17th 1871
My Lord
Having been informed on Saturday last at the Colonial Office by
Mr Herbert and Mr Holland that the Government of the Dominion
had referred to Her Majesty's Government to decide the specific
provisions to be made by the Dominion under clause 6 of the
Terms of Union of British Columbia with Canada "for those of Her
Majesty's servants in the Colony whose position and emoluments
derived therefromwill
will be affected by the Union," especially as to
the precise amounts of the pensions to be provided, and whether
such officials are to have the absolute right of claiming such
pensions upon and after Union unless at their own option they
accept any such appointments as may be offered to them in lieu
thereof, and it having been intimated to me that I should
communicate in writing to Your Lordship whatever I might deem
pertinent to the subject, I have the honour to submit for
consideration the following remarks.
will be affected by the Union," especially as to
the precise amounts of the pensions to be provided, and whether
such officials are to have the absolute right of claiming such
pensions upon and after Union unless at their own option they
accept any such appointments as may be offered to them in lieu
thereof, and it having been intimated to me that I should
communicate in writing to Your Lordship whatever I might deem
pertinent to the subject, I have the honour to submit for
consideration the following remarks.
I beg in the first place to express the desire
on my own behalf
and, as I believe, in the interest of the Executive Officers
generally of British Columbia, that all doubt on this question
now raised so unexpectedly to us—may be speedily set at rest by
an authoritative definition of the claims on the Dominion of
those officers collectively considered, rather than by the
settlement on its individual merits of each particular case as
it might be presented.
on my own behalf
and, as I believe, in the interest of the Executive Officers
generally of British Columbia, that all doubt on this question
now raised so unexpectedly to us—may be speedily set at rest by
an authoritative definition of the claims on the Dominion of
those officers collectively considered, rather than by the
settlement on its individual merits of each particular case as
it might be presented.
Those claims are based primarily on the engagement by the
Dominion set forth in general terms in the 6th clause of the
Union Address to provide for those officials upon Union suitable
pensions such as shall be approved by HerMajesty's
Majesty's Government,
and farther and, as to the specific details of the provisions
to be made, more particularly on the assurance conveyed by the
Governor General of Canada at the request of his responsible
advisers to Governor Musgrave in a Despatch dated July 7th 1870
that such provisions should be made for the retiring allowance
of Public Officers in British Columbia as he (Governor Musgrave)
should approve.
Majesty's Government,
and farther and, as to the specific details of the provisions
to be made, more particularly on the assurance conveyed by the
Governor General of Canada at the request of his responsible
advisers to Governor Musgrave in a Despatch dated July 7th 1870
that such provisions should be made for the retiring allowance
of Public Officers in British Columbia as he (Governor Musgrave)
should approve.
This assurance was given by the Dominion Government to Governor
Musgrave after the details of the pension arrangements proposed
by him had been submitted by me under confidential instructions
from Governor Musgrave for their consideration, and had been
fully discussed between a Committee of the Privy Council of
Canada and myself at Ottawa. The pension arrangements so
proposed are set forth in Governor Musgrave's minute of
in
structions to me on my leaving Victoria for Canada dated 9th
May 1870, a copy of which minute was by His Excellency's
direction handed by me on my arrival at Ottawa to Sir George
Cartier at that time acting as Premier of the Dominion during
Sir John A. McDonald's illness.
structions to me on my leaving Victoria for Canada dated 9th
May 1870, a copy of which minute was by His Excellency's
direction handed by me on my arrival at Ottawa to Sir George
Cartier at that time acting as Premier of the Dominion during
Sir John A. McDonald's illness.
I beg to enclose herewith the original minute to which I refer,
and to point out that the assurance conveyed by the Governor
General's Despatchto
to Governor Musgrave was in direct response
to that minute, as I was given to understand before I left
Canada for England; and that that assurance has been
unhesitatingly regarded by Governor Musgrave—as well as by his
Executive Officers—as a specific engagement—(which in fact it
undoubtedly is)—by the Canadian Government to adopt the views
therein expressed by Governor Musgrave, embracing the provision
of retiring pensions to certain named officials, and such other
reasonable concessions as he (Governor Musgrave) might approve of.
to Governor Musgrave was in direct response
to that minute, as I was given to understand before I left
Canada for England; and that that assurance has been
unhesitatingly regarded by Governor Musgrave—as well as by his
Executive Officers—as a specific engagement—(which in fact it
undoubtedly is)—by the Canadian Government to adopt the views
therein expressed by Governor Musgrave, embracing the provision
of retiring pensions to certain named officials, and such other
reasonable concessions as he (Governor Musgrave) might approve of.
But although the Dominion Government thus readily adopted
Governor
Musgrave's suggestions for retiring pensions to the
officials who upon Union would be deprived of their positions
and emoluments; and engaged to provide pensions in accordance
with those suggestions, Sir John A. McDonald and Sir George
Cartier on my return to Canada from England in September last
expressed to me their desire to avoid the actual payment of any
such pensions by offering to the officials entitled to such
retiring allowance employment of such character—and at such
salaries as would ensure their acceptance thereof temporarily at
least, and it was with special reference to this desire so
expressed to me by those ministers, andby
by me communicated at
their request to Governor Musgrave on my return to Victoria,
that His Excellency's Despatch of 22nd Novr 1870 was addressed
to the Governor General.
Musgrave's suggestions for retiring pensions to the
officials who upon Union would be deprived of their positions
and emoluments; and engaged to provide pensions in accordance
with those suggestions, Sir John A. McDonald and Sir George
Cartier on my return to Canada from England in September last
expressed to me their desire to avoid the actual payment of any
such pensions by offering to the officials entitled to such
retiring allowance employment of such character—and at such
salaries as would ensure their acceptance thereof temporarily at
least, and it was with special reference to this desire so
expressed to me by those ministers, andby
by me communicated at
their request to Governor Musgrave on my return to Victoria,
that His Excellency's Despatch of 22nd Novr 1870 was addressed
to the Governor General.
That Despatch conveyed an intimation of the willingness of the
officials individually—as expressed by them directly to
Governor Musgrave on his consulting them in the matter—to meet
the wishes of the Canadian Government that they should take
service under the Dominion whilst still retaining their right to
claim retiring pensions on their resignation of—or declining to
accept—such employment as might be offered to them.
Subsequently, on receipt of Lord Lisgar's further
Despatch on
this subject dated 9th January 1871 the matter was brought by
Governor Musgrave before his Executive Council whose views
thereon were expressed in a memorandum which was concurred in by
the Governor, and a copy of which was forwarded by His
Excellency to the Governor General of Canada in a Despatch dated
9th February 1871 copies of which Despatch and of its
enclosure have been transmitted to your Lordship.
Despatch on
this subject dated 9th January 1871 the matter was brought by
Governor Musgrave before his Executive Council whose views
thereon were expressed in a memorandum which was concurred in by
the Governor, and a copy of which was forwarded by His
Excellency to the Governor General of Canada in a Despatch dated
9th February 1871 copies of which Despatch and of its
enclosure have been transmitted to your Lordship.
The views of the Executive Officers of British Columbia are so
fully set forth in their Minute, and Governor Musgrave so
clearlyand
and forcibly upholds in his Despatch their absolute
right to claim from the Dominion upon and after Union of British
Columbia with Canada retiring pensions at the rate of at least
two thirds of their present emoluments that the claims of those
officers in this respect appear to me to require no further
advocacy, and I scarcely think that Governor Musgrave, if again
applied to on the subject, could strengthen those claims by
anything he might add to what he has already written in support
of their rights.
and forcibly upholds in his Despatch their absolute
right to claim from the Dominion upon and after Union of British
Columbia with Canada retiring pensions at the rate of at least
two thirds of their present emoluments that the claims of those
officers in this respect appear to me to require no further
advocacy, and I scarcely think that Governor Musgrave, if again
applied to on the subject, could strengthen those claims by
anything he might add to what he has already written in support
of their rights.
Many other reasons of much force—some of a personal
nature—might indeed be adduced to show how inequitable
it would be—
particularly in special individual cases—to
transfer compulsorily the services of the Executive Officers of
British Columbia from the Imperial to the Canadian Government
even if the latter had in their gift—which they certainly have
not—permanent appointments of equivalent position and
emoluments to those now held by those Officers, and affording
like reasonable prospect of promotion, and it might also be
urged how valueless to Canada such involuntary service would be;
but the claims of those officers to the right of choosing
between pensions of at least two thirds of their present
emoluments and whatever employment the Government of the
Dominion may offer them rest securely on the
assurances to that
effect so distinctly made to them by Governor Musgrave on the
faith of the engagement of the Canadian Government to him that
such provision should be made for retiring pension as he might
approve of.
particularly in special individual cases—to
transfer compulsorily the services of the Executive Officers of
British Columbia from the Imperial to the Canadian Government
even if the latter had in their gift—which they certainly have
not—permanent appointments of equivalent position and
emoluments to those now held by those Officers, and affording
like reasonable prospect of promotion, and it might also be
urged how valueless to Canada such involuntary service would be;
but the claims of those officers to the right of choosing
between pensions of at least two thirds of their present
emoluments and whatever employment the Government of the
Dominion may offer them rest securely on the
assurances to that
effect so distinctly made to them by Governor Musgrave on the
faith of the engagement of the Canadian Government to him that
such provision should be made for retiring pension as he might
approve of.
In full reliance on those assurances those officers have aided
loyally and actively to the best of their ability in carrying
out to its present happy consummation the work of the Union of
British Columbia with Canada in furtherance as they believe of
the policy of the Imperial Government; and they cannot doubt
that the confident Expectations which Her Majesty's
Representative in the Colony has led them to entertain will be
fully sustained.
Minutes by CO staff
Lord Kimberley
After discussing the question with Mr Holland & me by your desire, Mr Trutch has put in this statement on behalf of himself and his colleagues, showing their understanding as to the position which was to be secured to them in respect of pensions at the Union. The Canadian Government entertaining a different view of what the Columbian officers are entitled to claim, you are requested to decide between them (Canada 4556).
After discussing the question with Mr Holland & me by your desire, Mr Trutch has put in this statement on behalf of himself and his colleagues, showing their understanding as to the position which was to be secured to them in respect of pensions at the Union. The Canadian Government entertaining a different view of what the Columbian officers are entitled to claim, you are requested to decide between them (Canada 4556).
I have considered the matter again withMr
Mr Holland, and he
agrees in suggesting that you should determine as follows:
Mr Holland, and he
agrees in suggesting that you should determine as follows:
1. That Governor Musgrave has throughout maintained the claim
of his officers to have the option of refusing
any employment, and that they are entitled to refuse all offers of
employment and to demand their pension.
2. That such pension is to be at the rate of 2/3 of their
present salary and emoluments, but not at the higher rates
proposed by the Executive Council of Columbia in the minute of
Feb 1871, unless Canada agrees to those higher rates.
(Enclosure (page turned down) in Canada 4556.)
3. That in the event of any of them accepting re-employment
with salary and emoluments greater than he now receives under
the Canadian or any other Colonial or the Imperial Government
his pension is to be in abeyance during such re-employment.
4. That each officer for whom a pension is thus secured is
bound morally and equitably to accept any such reemployment as
above mentioned if in pointof
of salary, climate and other
conditions it is in the opinion of the Secretary of State
suitable; and that if a suitable offer is declined by any
officer he should not be considered eligible for further
employment under the Colonial Office.
of salary, climate and other
conditions it is in the opinion of the Secretary of State
suitable; and that if a suitable offer is declined by any
officer he should not be considered eligible for further
employment under the Colonial Office.
RGWH
May 24/71
Lord Kimberley
When Mr Trutch delivered this letter into my hands, he expressed his desire for an interview with you, before you gave your decision on the case.
When Mr Trutch delivered this letter into my hands, he expressed his desire for an interview with you, before you gave your decision on the case.
ERW
May 24/71
Will Mr Herbert speak to me about this to-morrow?
K
May 25/71
I agree generally with Mr Herbert. Let me have a draft for
consideration.
K
May 26/71
Mr Cox
How much per ann. would be 1/60th of Mr Philippo's salary in British Columbia for each year of his service in that Colony adding one year for abolition of office & 7 years for professional Service?
How much per ann. would be 1/60th of Mr Philippo's salary in British Columbia for each year of his service in that Colony adding one year for abolition of office & 7 years for professional Service?
RGWH
June 1/71
Mr Herbert
Mr Philippo's salary is 800£ a year.
1 years actual service
1 year for abolition
7 years for professional
9 9/60 of 800 is 3/2 of 80 = £120.
Mr Philippo's salary is 800£ a year.
1 years actual service
1 year for abolition
7 years for professional
9 9/60 of 800 is 3/2 of 80 = £120.
[CC]
Documents enclosed with the main document (transcribed)
Minute, Musgrave to Trutch
The Article of the Terms which proposes that Officers whose
position will be affected by Union should be provided, with
suitable pensions, will require your special attention. I wish
you to
explain my views to the Government of Canada and to
ascertain whether they will adopt them
or what modification they may deem to be necessary.
In my opinion there are two Classes of Officers whose position
will be injuriously affected by Unionunless
unless some provision is made.
unless some provision is made.
The First comprises:
The Colonial Secretary.
The Commissioner of Lands & Works.
The Attorney General.
The Collector of Customs.
The Auditor General.
The Colonial Secretary.
The Commissioner of Lands & Works.
The Attorney General.
The Collector of Customs.
The Auditor General.
On the introduction of Responsible Government which I look upon
as certain sooner or later, all these offices would in future be
held by political tenure, except that of Collector of Customs,
but as that Officer now holds a position as a Member of the
Council ofGovernment
Government which would not afterwards belong to his
office and would also forego his claim to
further patronage or promotion
from the Imperial Government, I think that he in common with the
other heads of chief public departments may with propriety look for a
retiring allowance.
Government which would not afterwards belong to his
office and would also forego his claim to
further patronage or promotion
from the Imperial Government, I think that he in common with the
other heads of chief public departments may with propriety look for a
retiring allowance.
The principle has been well established throughout the North
American Provinces and Australian Colonies that on the
introduction of Responsible Government the existing Incumbents
should beallowed
allowed retiring Pensions.
As that form of Government will almost certainly follow the
Union, the claim of our Public Officers might almost rest upon
that circumstance alone, but there are also other grounds upon
which it can be based and which are known to you, in the changes
which must follow in any case from the Union and which must so
far affect the position of the present Officers as to give them
a fair claim to be allowed to
withdraw on equitable terms.
allowed retiring Pensions.
As that form of Government will almost certainly follow the
Union, the claim of our Public Officers might almost rest upon
that circumstance alone, but there are also other grounds upon
which it can be based and which are known to you, in the changes
which must follow in any case from the Union and which must so
far affect the position of the present Officers as to give them
a fair claim to be allowed to
withdraw on equitable terms.
The only question indeed appears to be who should pay these
Pensions—the Government of the Dominion or the local
Government—but it is made part of the terms of Union, that the
Dominion should assume this liability as an incidental expense
of carrying out the desired arrangement.
As regards the amount of Pension my proposal is that it should
be two thirds of the existing Salary.
The second class of Officers is formed of the seven StipendiaryMagistrates
Magistrates stationed in the different Districts, who are also
County Court Judges, and general Government Agents 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 to the services of these
Officers.
Magistrates stationed in the different Districts, who are also
County Court Judges, and general Government Agents 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 to the services of these
Officers.
As the Supreme governmentof
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 transferred to the control or caprice of local party
governments who through mistaken motives of economy by the
substitution of unpaid and irresponsible magistrates, or some
other such policy, might entailupon
upon the government at Ottawa an
amount of trouble and expense not easily to be computed.
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 transferred to the control or caprice of local party
governments who through mistaken motives of economy by the
substitution of unpaid and irresponsible magistrates, or some
other such policy, might entailupon
upon the government at Ottawa an
amount of trouble and expense not easily to be computed.
I propose therefore that these Officers should be Officers of
the Dominion, subject of course to the authority of the
Lieutenant Governor as the Deputy of the Governor in Chief and
rendering aid under his direction in the administration of local
affairs as they do now in the business of the Lands and Works,
the Post Office service, and collection of Revenue and other
miscellaneous duties. But I would have thempaid
paid by Canada and
not amenable to the local administration except through the
Lieutenant Governor as representing the central authority.
paid by Canada and
not amenable to the local administration except through the
Lieutenant Governor as representing the central authority.
This being conceded I wish for an assurance to these Officers
that their appointments will be considered permanent—that is,
that they shall not be removed without cause shewn—and that in
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 oftwo
two thirds of their present
emoluments, which may be estimated in each case as £500,
Five hundred pounds, though in some instances an extra allowance
has been made on account of the greater expense of living in
distant districts.
two thirds of their present
emoluments, which may be estimated in each case as £500,
Five hundred pounds, though in some instances an extra allowance
has been made on account of the greater expense of living in
distant districts.
I think it may justly be urged upon the Canadian government that
a spirit of fairness, indeed of liberality, in dealing with the
two Classes of Officials which I have indicated is almost
essential to the successof
of the negociations for Union. Under
the present form of government, and probably under any which may
at present be substituted, the Officials concerned would possess
considerable influence in deciding the question; for it is not
likely that Her Majestys Government would insist upon the
Official vote being used to carry out a measure which would
entail manifest injury upon a large body of the public servants;
and without the willing aid of that body it isdoubtful
doubtful that the
advocates of Confederation would be able to conduct the question
to a successful issue under any circumstances; and they certainly
would not in the Legislature as at present constituted.
of the negociations for Union. Under
the present form of government, and probably under any which may
at present be substituted, the Officials concerned would possess
considerable influence in deciding the question; for it is not
likely that Her Majestys Government would insist upon the
Official vote being used to carry out a measure which would
entail manifest injury upon a large body of the public servants;
and without the willing aid of that body it isdoubtful
doubtful that the
advocates of Confederation would be able to conduct the question
to a successful issue under any circumstances; and they certainly
would not in the Legislature as at present constituted.
As regards the subordinate Officers in Public Departments I
assume that they will continue to hold their present posts
whether the Offices to which they are attached should be
transferred to the Dominion or remainunder
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.
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.
The administration of Indian affairs is a matter to which my
attention has been called by Lord Granville as requiring special
care in respect of the arrangements for Union. But under the
provisions of the British North American Act it is one of a
class of subjectsspecially
specially confided to the Government of the
Dominion. It will be necessary, however, that I should be
acquainted, for the information of the Secretary of State, with
the mode in which the Government of Canada propose to deal with
this subject. You will be able to point out to them the policy
which has been hitherto pursued with considerable success. But
it will be necessary to explain that the Tribes are far more
numerous and are less civilized than those of any part of theDominion
Dominion, and that the circumstances in which they are placed
are different. At present they are loyal, and amenable to the
control of the Government, because they have confidence in the
protection afforded them. But indiscreet change of policy or
injustice on the part of any local administration might lead to
very serious results. It is for this reason among others that I
think it so highly expedient that the Magistrates who are in
fact Government Superintendents inthe the outer Districts and have
to administer so ma[n]y Laws in which the Indians are
interested, should be Officers of the Dominion and not of the
local government and should be able to conduct this department
of affairs directly under the authority of the Lieutenant
Governor himself who will be responsible to the Government at Ottawa.
specially confided to the Government of the
Dominion. It will be necessary, however, that I should be
acquainted, for the information of the Secretary of State, with
the mode in which the Government of Canada propose to deal with
this subject. You will be able to point out to them the policy
which has been hitherto pursued with considerable success. But
it will be necessary to explain that the Tribes are far more
numerous and are less civilized than those of any part of theDominion
Dominion, and that the circumstances in which they are placed
are different. At present they are loyal, and amenable to the
control of the Government, because they have confidence in the
protection afforded them. But indiscreet change of policy or
injustice on the part of any local administration might lead to
very serious results. It is for this reason among others that I
think it so highly expedient that the Magistrates who are in
fact Government Superintendents inthe the outer Districts and have
to administer so ma[n]y Laws in which the Indians are
interested, should be Officers of the Dominion and not of the
local government and should be able to conduct this department
of affairs directly under the authority of the Lieutenant
Governor himself who will be responsible to the Government at Ottawa.
Supplementary Minute, Musgrave to Trutch
The question respecting the introduction of local Responsible
Government after Union I have not thought it expedient to make
part of the formal terms of Agreement with Canada. My position
as regards this is that the matter is one which the Province is
fully competent to deal with for itself after due deliberation.
But the view which the Government of Canada may take of this
subject is likely to havemuch
much influence here with a certain
section of political agitators. And I wish you to ascertain
what that view may be, as the knowledge would greatly affect the
policy which I may think it expedient to adopt or the course
which I should pursue in the later stages of this negociation.
much influence here with a certain
section of political agitators. And I wish you to ascertain
what that view may be, as the knowledge would greatly affect the
policy which I may think it expedient to adopt or the course
which I should pursue in the later stages of this negociation.
I think that a stipulation on the part of Canada that
Responsible Government should be introduced on Union, while it
would suit the purposes of some political parties, would not be
certain to receivegeneral
general acquiescence. I believe that the
system is very likely to be introduced at no distant time, but
at present I doubt that the Community is ripe for it, or that
they have upon the whole determined to adopt that form of
Government. For this reason I think it would be wisest to leave
this an open question to be settled by British Columbia. The
mode in which it may be determined is not material to Union and
really only concerns local interests. Time alone after the
discussion of the terms of Union with the CanadianGovernment
Government
will shew whether the introduction of Responsible Government
simultaneously with Union would or would not assist the more
important arrangements. But I should have no objection to a
separate undertaking or promise from the Canadian Government
that they will not interpose to prevent the introduction of the
system if the Community should deliberately elect to adopt that
form of administration for their local affairs.
general acquiescence. I believe that the
system is very likely to be introduced at no distant time, but
at present I doubt that the Community is ripe for it, or that
they have upon the whole determined to adopt that form of
Government. For this reason I think it would be wisest to leave
this an open question to be settled by British Columbia. The
mode in which it may be determined is not material to Union and
really only concerns local interests. Time alone after the
discussion of the terms of Union with the CanadianGovernment
Government
will shew whether the introduction of Responsible Government
simultaneously with Union would or would not assist the more
important arrangements. But I should have no objection to a
separate undertaking or promise from the Canadian Government
that they will not interpose to prevent the introduction of the
system if the Community should deliberately elect to adopt that
form of administration for their local affairs.
Other documents included in the file
People in this document
Herbert, Sir Robert George Wyndham
Leveson-Gower, Granville George