No. 35
2nd May 1871
Sir,
On the 25th ulto I received your telegram stating on what conditions Mr. Phillip[p]o would accept the Puisne Judgeship of B. Guiana and on the 28th I telegraphed back "I am unable to assent to Phillipo's conditions and must appoint some one else."
I request that youwillManuscript image will inform Mr. Phillipo that with every desire to meet his wishes, I could not undertake that the Canadian Government would recognize his claim to a pension in the event of his failing to serve long enough in B. Guiana to earn one under the pension Rules of that Colony, and I would observe that taking such an early opportunity of offering Mr. Phillippo in consequence of the approaching lapse in the office which he now holds I was much influenced by the view of the Government of Canada as intimated to me in your Despatch No. 147 of the 17th November, that the provisionofManuscript image of a pension for an Officer whose service in B.C. had been so short, would bear hardly upon the Dominion.
But independently of this consideration, Mr. Phillipo's inability to leave for B. Guiana, before June next the cause of which I regret would have caused an inconvenient delay in bringing up the Judicial staff of that Colony to its proper complement.
I have the honor to be
Sir,
Your most obedient
humble servant
Kimberley
P.S.Manuscript image
P.S. Since writing the above I have received your second Telegram informing me that Mr. Phillippo accepts the appointment offered to him, and that he will leave by the next mail. Understanding therefore that Mr. Phillippo's acceptance is unconditional, I have replied by Telegraph that he will be appointed.
3 May 1871 K.
Wodehouse, First Earl of Kimberley John to Musgrave, Sir Anthony 2 May 1871, NAC :, 99. 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/B717035.html.

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