Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Pemberton, Joseph Despard to
Fortescue, 1st Baron Carlingford Chichester 11 August 1860, CO 305:15, no. 8026, 650.
Abstract
Pemberton, Joseph Despard to
Fortescue, 1st Baron Carlingford Chichester 11 August 1860, CO 305:15, no. 8026, 650.
Correspondence (private letter).
Minutes (5), Enclosures (untranscribed) (1), Other documents (2), Marginalia (1).
Pemberton to Fortescue (Parliamentary Under-Secretary)
I have the honor to acknowledge the receipt of your communication of
the 10th Instt informing me that his Grace the Duke of Newcastle
has been pleased to confer upon me the Office of Surveyor General of
Vancouver Island.
I find it difficult to express in words the gratitude I feel for his
Grace's condescension in complying with my request but shall
endeavour to express it by discharging the duties entrusted to me so
assiduously that his Grace will have reason to be satisfied with my
humble exertions.
As no details are stated having reference to the appointment I beg
leave most respectfully and frankly to mention
to mention [illegible] as regards
Salary, that up to the time of my quitting the Island I was paid
£500 a year, that in the present state of the Colony I do not ask for
any increase of it, but merely request that his Grace may be pleased
to confirm it, and that I may be informed from what date, as in such
cases may be customary, it should commence.
to mention [illegible] as regards
Salary, that up to the time of my quitting the Island I was paid
£500 a year, that in the present state of the Colony I do not ask for
any increase of it, but merely request that his Grace may be pleased
to confirm it, and that I may be informed from what date, as in such
cases may be customary, it should commence.
I would further respectfully inquire whether with regard to expense
of passage out his Grace may be pleased to place me on the same
footing as civil officers sent to British Columbia.
In what I have stated having reference to emoluments I hope to be
understood as not asking for any special or Exceptional privilege.
2ly I would suggest that if my experience as a civil Engineer,
which as will appear from the enclosed printed document is not
inconsiderable, could be made serviceable to Government on the
passage out; it would not cost me more to travel out by the Red River Saskatchewan and the Rocky Mountains than by the Isthmus of Panama.
to mention
3ly My leave of absence having nearly expired I would ask for a
small extension of it, in consideration of its shortness (8 months)
and the circumstance that the Season is now so far advanced that
however expeditious I may be in getting out, little Surveying can be
done in Vancouver Island until Spring.
That if his Grace shall be pleased to allow me this slight extension
of leave of absense and that if during my stay in London I can do any
work for the Colonial Office, so far from considering such as
laborious, I should be but too happy to exert myself to the utmost.
Minutes by CO staff
Sir F. Rogers
If this Office could have suspected that by complying with Mr Pemberton's request to be invested with a warrant of Appointment as Surveyor General of Van Couver Id he would have founded this application my impression is that we should have guarded ourselves by careful provisos against giving the writer the oppy of which he has availed himself for preferring demands which, in my opinion at least, cannot be entertained. With the exception of the Govr The few Officials of Van Couver Isd are paid out of Colonial Resources. The local Legre raises the means of defraying the Civil Establishment. Out of funds over which the Impl govt has no control Mr Pemberton has hitherto been paid and must continue to be paid. The proper amount of his Salary is a matter for the Governor & the local Authorities to settle: nor can this Office take it out of their hands unless we pay him from the B. Treasury. Mr Pemberton treats the formal Instrument of Appointment as if it conferred on him a new Office. Now, in my apprehension, we understand nothing of the kind. By giving him a warrant we meant only to confirm him, in the ordinary way, in a situation which he had held for several years, & in virtue of which he is now on leave of absence. I admit that the Governor's desph 2317 is susceptible of a double construction, for whilst he reports having granted Mr Pemberton leave of absence for 8 months, & that that Officers salary wd cease from the date of his quitting the Colony, he talks about any "future appointment" of Surveyor General which H. Ms Govt may contemplate—for which situation he strongly recommends Mr Pemberton. It would almost seem as if he meant that when Mr Pemberton quitted the Colony he lost Office also. But that must be impossible otherwise why Should he have granted Mr Pemberton leave of absence, and, why as Mr Pemberton mentions in 6776 does he press for his return to the Colony unless he still regards him as a public Officer of it. A Governor can of course only give leave of absence to a Public Servant. Nobody except an Official requires leave of absence to quit a Colony. In short although I think the Governor's desph 2317 creates some embarrassment there are not adequate grounds, according to my view, for meeting this Application in any other shape than by informing Mr Pemberton that he is under a mistake in supposing that this Office intended to treat him
otherwise than as a public Officer on leave of
absence, who from peculiar Colonial circumstnces had not hitherto had
a formal Warrant of appointment conferred on him. In giving him a
warrant the step was taken at his own solicitation and he must be
requested to understand that it must rest with the Colonial
Authorities to assign him a Salary, as they have done already in his
provisional capacity.
If this Office could have suspected that by complying with Mr Pemberton's request to be invested with a warrant of Appointment as Surveyor General of Van Couver Id he would have founded this application my impression is that we should have guarded ourselves by careful provisos against giving the writer the oppy of which he has availed himself for preferring demands which, in my opinion at least, cannot be entertained. With the exception of the Govr The few Officials of Van Couver Isd are paid out of Colonial Resources. The local Legre raises the means of defraying the Civil Establishment. Out of funds over which the Impl govt has no control Mr Pemberton has hitherto been paid and must continue to be paid. The proper amount of his Salary is a matter for the Governor & the local Authorities to settle: nor can this Office take it out of their hands unless we pay him from the B. Treasury. Mr Pemberton treats the formal Instrument of Appointment as if it conferred on him a new Office. Now, in my apprehension, we understand nothing of the kind. By giving him a warrant we meant only to confirm him, in the ordinary way, in a situation which he had held for several years, & in virtue of which he is now on leave of absence. I admit that the Governor's desph 2317 is susceptible of a double construction, for whilst he reports having granted Mr Pemberton leave of absence for 8 months, & that that Officers salary wd cease from the date of his quitting the Colony, he talks about any "future appointment" of Surveyor General which H. Ms Govt may contemplate—for which situation he strongly recommends Mr Pemberton. It would almost seem as if he meant that when Mr Pemberton quitted the Colony he lost Office also. But that must be impossible otherwise why Should he have granted Mr Pemberton leave of absence, and, why as Mr Pemberton mentions in 6776 does he press for his return to the Colony unless he still regards him as a public Officer of it. A Governor can of course only give leave of absence to a Public Servant. Nobody except an Official requires leave of absence to quit a Colony. In short although I think the Governor's desph 2317 creates some embarrassment there are not adequate grounds, according to my view, for meeting this Application in any other shape than by informing Mr Pemberton that he is under a mistake in supposing that this Office intended to treat him
otherwise than as a public Officer on leave of
absence, who from peculiar Colonial circumstnces had not hitherto had
a formal Warrant of appointment conferred on him. In giving him a
warrant the step was taken at his own solicitation and he must be
requested to understand that it must rest with the Colonial
Authorities to assign him a Salary, as they have done already in his
provisional capacity.
2. With respect to his enquiry whether he might be placed on the
same footing as B. Columbia officials with respect to a free passage
I have to state that the answer which shall be given to Mr
Pemberton's first request will govern likewise this point. If Mr
Pemberton is treated as an official on leave of absence the public
would not pay the Expense of his passage. If this is regarded as a
new appointment I suppose his journey should be paid.
3. As to any extension of his leave of absence see what the Governor
is reported in 6776 to have said to him—viz: that "his leave of
absence was nearly expended, and his speedy return urged."
ABd
15 August/60
Mr Blackwood
What is the exact position of this gentleman in respect to the Legre. What Change has taken place in it which renders it doubtful whether his Salary will be continued to him?
What is the exact position of this gentleman in respect to the Legre. What Change has taken place in it which renders it doubtful whether his Salary will be continued to him?
FR
16/8
Sir F. Rogers
There are some papers in circulation just now to which I should have been glad to have referred before answering your questions, though I am not sure that they would have thrown a complete light upon the subject. In their absence, therefore, I have turned to the Governor's despatch of the 12 Sepr/59 which states—Par: 4—that, at that date, he had nothing to depend on for paying his little Civil Establishment except the funds
arising from the sale of public Lands.
Which funds, in pursuance of the Grant of Van Couver Island to the
Hudsons Bay Company are until the Island can be retransferred to the
Crown applicable to Colonization with the exception of 10 per cent
which the Co have a right to retain by way of profit. Wherefore &
from the Governor's despatch I infer that the Surveyor General stands
in no relation whatever at present to the Legislature, as that Body
votes him no salary.
There are some papers in circulation just now to which I should have been glad to have referred before answering your questions, though I am not sure that they would have thrown a complete light upon the subject. In their absence, therefore, I have turned to the Governor's despatch of the 12 Sepr/59 which states—Par: 4—that, at that date, he had nothing to depend on for paying his little Civil Establishment except the funds
arising from the sale of public Lands.
Which funds, in pursuance of the Grant of Van Couver Island to the
Hudsons Bay Company are until the Island can be retransferred to the
Crown applicable to Colonization with the exception of 10 per cent
which the Co have a right to retain by way of profit. Wherefore &
from the Governor's despatch I infer that the Surveyor General stands
in no relation whatever at present to the Legislature, as that Body
votes him no salary.
2. As to the changes in the Legislature I have to mention that the
Assembly has been lately increased from 7 to 13 Members, and that as
several men of education and respectability have been selected to the
House
there is more reason to hope that
salaries will be provided for proper Officers.
ABd
17 Augt
Mr Fortescue
This gentleman it appears was just Surveyor Genl under the H.B.C. and then (as he alleges) under the Govt wh succeeded the H.B.C. From what fund he was paid does not
clearly appear—probably from the
Land Fund. The salary of a Surveyor General is a fair charge on that
Revenue.
This gentleman it appears was just Surveyor Genl under the H.B.C. and then (as he alleges) under the Govt wh succeeded the H.B.C. From what fund he was paid does not
clearly appear—probably from the
Land Fund. The salary of a Surveyor General is a fair charge on that
Revenue.
In this position he comes home with 8 months leave & takes the
opportunity of asking for a commission—wh is given him. I think
with Mr Blackwood he is merely an officer home on leave whose
position is in no respect altered by having been gratified by a
commission. And I wd answer nearly as proposed by Mr Blackwood.
I would tell him that his position is that of a Colonial Officer home
on leave for eight months and bound to return at the expiration of
his leave, and that neither in respect of salary nor in any other
[way] was
his position altered by the issue of a commission. That it would be
necessary for him as an officer on leave to find his way back to the
Colony at this own expense, and that the amount of his Salary would be
as much and as little under the control of the Coll Authies as if
no commission had [been] issued. But I think no answer shd be sent
till Mr Elliot has seen this letter as perhaps Mr E. may see his
way to [assure?]
Mr P of the salary of 500£. [Possible one line cut off microfilm.]
[One line cut off microfilm] the answer already proposed.
Documents enclosed with the main document (not transcribed)
"Extracts from Professional Certificates of J. Despard Pemberton," printed copies of testimonials, as per letter (10 pages).
Other documents included in the file
People in this document
Cary, Attorney General George Hunter
Fortescue, 1st Baron Carlingford Chichester
Gosset, Captain William Driscoll