Despatch to London.
Minutes (20), Enclosures (untranscribed) (1), Other documents (3).
No. 56
14 September 1863
My Lord Duke,
The Mail bringing me Your Grace's Despatch of the 10th July No 34, relative to the withdrawal of the Royal Engineers, has just arrived, and I hasten
to avail myself of the very
short interval before its departure to address Your Grace
upon one point which Iconsider consider very essential to the future
well-being of the Colony, and that is, the selection of a
fit and proper person to succeed Colonel Moody, as the Chief
Commissioner of Lands and Works.
2. Your Grace is perhaps aware that the entire Department
of Lands and Works has been conducted by the Officers and men
of the Royal Engineers, no Civilian assistance having been
called in for the discharge of the office duties, and that
therefore when the Troops are withdrawnfrom from their Civil duties,
not one single person will remain who has any knowledge of
the Records, or of the system which has been pursued for the
transaction of business connected with the Department. Your
Grace informs me that before long you will name a Successor to
Colonel Moody. From what I have stated it is very evident
that the Successor should enter upon the duties of his Office
at the earliest possible moment, and prior to Colonel Moody
relinquishing his Civil duties; and above all it is especially
desirable that the Chief Commissioner of Lands and Works should
be a man thoroughlyacquainted acquainted with the character and resources
of the Country from personal knowledge and experience, and
cognizant of all the events that have transpired connected with
its development by means of the road and land systems which
have been introduced. As Your Grace may have some difficulty
in selecting a person so qualified, who may in other respects
be fitted for the responsible Office referred to, I trust I may
be pardoned for submitting to you the names of two Gentlemen
either of whom, I think, would most efficiently and satisfactorily
discharge all the duties of the head of the Department.
The
The first is that of Captain Henry Reynolds Luard, now
serving with the Detachment of Royal Engineers. Captain Luard
is a gentleman who since his residence in the Colony has gained
the good will and esteem of all; and he is, I believe, a person
of good professional standing, and from my own knowledge, I
can safely say, of excellent business habits. He has almost
from the first had charge of all the office details of Colonel
Moody's Department, and from the moment of his taking charge a
great increase in order, method and correctness was perceptible.
He is thoroughly versed in every matter of detail, and has a
perfect general knowledge of all that hastranspired transpired since the
erection of the Colony. I could have no better officer than
Captain Luard to fill the position of Surveyor General or Chief
Commissioner of Lands and Works.
3. Should however any Military difficulty arise which
would prevent Captain Luard from being appointed to the office
in question—even were Your Grace inclined to confer it upon
him, I would take the liberty of placing before you the name
of Mr Joseph William Trutch, a Civilian, now and for the
past five years resident in the Colony. Mr Trutch is a Civil Engineer by profession, and has contracted for many of the
works undertaken by the Government, always executinghis his
Contracts in the most thorough and satisfactory manner. From
the experience I have had of him I believe his general
professional knowledge, the more especially as adapted to the
peculiar requirements of a new country where precedent and
rule cannot always be followed, to be equal to any in the
Country. He is a gentleman of good social standing, and he
bears a character in the place of the highest integrity. I
believe him also to be a man of thorough business habits;
methodical but at the same time quick and accurate, and
from the close personal knowledge I have had of him I believe
there are not many men who would better discharge the duties
of Surveyor Generalin in a new Colony. Mr Trutch was
introduced to me by Your Grace's predecessor, Sir Edward Lytton,
and I annex a copy of a private letter which I received from
him in addition to the official letter of introduction of the
29th October 1858. Nearly five years experience of Mr Trutch
has shown that the favorable mention of Sir Edward Lytton was
not undeserved.
4. With reference to the last paragraph of Your Grace's
Despatch now under reply, I would beg to observe that I do not
anticipate any difficulty in finding suitable persons to
fulfill the Surveying and Engineering duties hitherto performed
by the Royal Engineers.The The difficulty which presents itself
is in immediately providing a head to carry on in the current
work of the Department—a difficulty which I could have met
by a provisional appointment, but I fear now to take any such
step lest I might unintentionally interfere with Your Graces
arrangements. I will, however, Your Grace may rest assured
make the best provision I can under the circumstances for
relieving Colonel Moody and his staff of their Civil duties.
5. I trust Your Grace will pardon this hurried Despatch,
written to save the outgoing Mail, but I am so sensible of
the up-hill taskit it would be for any person personally unacquainted
with the Country to enter upon the duties of the office and
hinderance that would arise in the transaction of business
and the execution of public works, that I desired not to lose
an instant in submitting these circumstances to Your Grace.
I have the honor to be
My Lord Duke
Your Grace's most obedient
and humble Servant James Douglas
Minutes by CO staff
Sir F. Rogers
This is related to the appointment of a successor to
Colonel Moody—on which see minutes on 3913 and 5193. The salary is to be £800 per/63 ann.
I have no doubt that all the inconvenience anticipated bySir J.D. would be the consequence of sending out a new Head who would
find none of the old Staff remaining. I only proposed it under the
idea that there was no fit man in the Colony. Of the two now
recommended I should think the antecedents of Captn Luard is the most likely to qualify him for a position which, independently of
Professional attainments, ought to be one of considerable social
importance in the Colony. But will he quit the Army?
Perhaps Mr Blackwood can find at the W.O. something
more than we at present know of Captain L. especially as to
his character and conduct and as to his views of a Military
or Civil career.
Duke of Newcastle
In pursuance of your Grace's direction I had instituted the necessary
enquiries at the War Office, & at the Office of Engineers H. Guards. I
am informed that Captain Luard's conduct & character are unimpeachable,
and that, in his Military capacity he is a very "sharp" Officer. There
will be no difficulty in placing him on the "seconded" list, on a
requisition to the H.O. from hence. There is no necessity for Capn
Luard to quit the Army: The "seconding" him will be sufficient. We have
already several Officers of Engineers, serving in Civil capacities in the
Colonies (Sims at Ceylon, Morrison at Mauritius, Col: Ord at Bermuda)
who have not therefore quitted the Army.
I presume the Governor must have very good reasons for
selecting Capn Luard; or else that Capn Grant R.E. if the
offer was made to him, has thought proper to decline the
place for there is no question as to the eminent qualifications
of the latter officer and also of Lt Palmer for the duties of
C. Commr of Lands & Works.
If yr Grace shd decide on appointing Capn Luard it
wd be well to do so by the earliest oppy, as the
Engineers are under orders to come home, & Capn L. may
have quitted the Colony.
It has been ascertained since the preceding minute was written
by me, that the military authorities only acquiesce in the
"seconding" of officers when their Colonial employments are
of a temporary, not a permanent nature.
These are the papers relating to the selection of a
Chief Commissioner of Lands for British Columbia. Captn
Luard R.E. is strongly recommended by the Governor. Mr Blackwood ascertained at the War Office that his conduct and
character are unimpeachable, and there is no military obstacle
as he can be seconded without difficulty.
Unless therefore there should be some objection which
does not appear on the face of these papers, I should think
that Captn Luard would seem the fittest person to appoint? The Governor's testimony on the 1st page of sheet 2 is
exceedingly strong, and seems to show the reason why this
Officer more especially had been selected as the object of
his recommendation.
N.B. I leave out the subject of "seconding" advisedly—it possibly
may not arise for 3 years, & at all events we had better leave
the military details to the W.O.
Mr Elliot
Will it not be advisable to write a despatch by the next
Mail to the Govr of B. Columbia to say that Mr Trutch—the
newly appointed Surveyor General—must give up his contracts
& other professional pursuits, if he has any. Mr Trutch
has lately built a bridge over the Fraser at his own expense
in return for which he is guaranteed the tolls for 7 years.
I send you the Proclamation (append) No 60 & refer you
to 10453/63 from Govr Douglas in whh he mentions Mr Trutch
having contracted for many public works.
Sir F. Rogers
We have as you are aware written a Circular to the Colonies
interdicting public Officers from trade or from engaging in
the active management of banking or trading Companies.
The present appears to me a different matter. Mr Trutch,
before becoming a public Officer, has built an iron bridge at
his own expense on condition of receiving certain tolls during
seven years. He is much in the same position as if he were
one of the Proprietors in this Country of Battersea or Fulham
or any of the other private Bridges on which we areexposed exposed
to the nuisance of paying a toll. I do not see that we could
reasonably call upon him to divest himself of this private property, or
that his possession of it will conflict with his public duties.
The contracts for public works may possibly involve some
difficulty. The Governor's language appears only to allude
to works which are already executed. We might however, if
you think proper, address a despatch to the Governor saying
that if Mr Trutch should accept the Office of Commissioner
of Crown Lands and Surveyor General, he will of course not
be at liberty to enter into any fresh contracts for the
execution of public works. In case he should atthe the
present time have any such contracts which remain to be
fulfilled, I should request the Governor to consider and
report how far they are liable to conflict with his public
duties, and how soon they can be completed, and whether any
plan can be suggested for enabling Mr Trutch to divest
himself, without undue sacrifice, of such of them as would
both continue for a considerable time in execution, and
would also appear incompatible with his official position.
Treating the appointment as provisional till either Mr Trutch
has divested himself of these contracts or the Secy of State
is satisfied that they are of a nature & duration wh will
not affect the perfce of his duties?
Sir F. Rogers
I hope you will not think me troublesome if I ask a
moment's further consideration of the last sentence in this
draft. Mr Trutch's Warrant is signed and he has been gazetted.
There is not the least reason to suppose that he would be
rebellious if hereafter it were wished to supersede him, nor
if he were so disposed would he have any power to resist.
But there are personal reasons, as you will see by a note
at the end of this draft, why it is very undesirable to show
any wantof of consideration for the gentleman whom we have only
just selected for this office.
Under these circumstances I should myself decidedly prefer
the omission of the last sentence. It appears to me sufficiently
to follow from the previous one, that the Duke calls for the
required report in order to deal with Mr Trutch absolutely as
it's contents may show to be proper for the public service.
What I mean is that there might be something ungracious in
selecting a candidate one dayand and casting doubts on him the
next day, and that this might bear especially hard upon him
when the Governor happens to have a rival candidate for the same place.
Mr Blackwood
The Commission has been signed by The Queen &
gazetted. Can the appointment be "considered provisional"?
It might be made conditional on Mr Trutch complying
with certain terms?
I think that whenever the warrant is sent to the Governor
he might be instructed to withhold acting upon it until
Mr Trutch had complied with the terms of this despatch.