Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Cardwell, Edward 30 June 1865, CO 60:22, no. 8621, 155.
Abstract
Seymour, Frederick to Cardwell, Edward 30 June 1865, CO 60:22, no. 8621, 155.
Despatch to London.
Minutes (5), Enclosures (untranscribed) (8), Other documents (1), Marginalia (1).
No. 89
30th June 1865
Sir,
I have had the honor to receive your despatch No. 6 of
18th February, informing me that Mr Trutch reports a
sale of his interest in the Public Works in the Colony and
directingme
me upon his producing any evidence requisite to
satisfy me of the completion of the transaction, to continue
to take advantage of his Services in an Office for which he
has been described to possess valuable qualifications.
me upon his producing any evidence requisite to
satisfy me of the completion of the transaction, to continue
to take advantage of his Services in an Office for which he
has been described to possess valuable qualifications.
2. I have now the honor to forward Copy of the correspondence
which passed between Mr Trutch and myself on the subject referred
to in your despatch on his return to the Colony as well as the
opinionof
of the Members of the Executive Council upon Mr Trutch's
proposal to transfer his right in the Alexandra Bridge to his
brother. You will observe that I have thought it better to
allow Mr Trutch openly to possess an interest in one of the
competing roads to the mines, rather than sanction an arrangement
which would have appeared a deception upon the Public.
of the Members of the Executive Council upon Mr Trutch's
proposal to transfer his right in the Alexandra Bridge to his
brother. You will observe that I have thought it better to
allow Mr Trutch openly to possess an interest in one of the
competing roads to the mines, rather than sanction an arrangement
which would have appeared a deception upon the Public.
3. The position in whichMr
Mr Trutch is placed must necessarily
prevent my availing myself of his Services to the extent which I
would do if he were independent of local influences, yet I
see no alternative other than to place Mr Trutch in possession
of the Office to which he was appointed by your predecessors. I
have no one now residing in the Colony on whom I could temporarily
confer the Appointment of Surveyor General.
4. I think
Mr Trutch is placed must necessarily
prevent my availing myself of his Services to the extent which I
would do if he were independent of local influences, yet I
see no alternative other than to place Mr Trutch in possession
of the Office to which he was appointed by your predecessors. I
have no one now residing in the Colony on whom I could temporarily
confer the Appointment of Surveyor General.
4. I think that those who recommended Mr Trutch for the
Office he holds should have mentioned his peculiar position in
regard to the Public Works of this Colony.
His appointment has
caused considerable inconvenience and one of the most important
situations in the Colony has been, with the exception of a few
months, in abeyance ever since I have administered the Government.
I have
Sir J. Douglas did mention them.
Minutes by CO staff
Mr Elliot
After all that has passed, there is nothing else to be done, I apprehend, than to sanction the course taken under the circes, by the Governor. But the sanction might be accompanied by the expression of some injunction on the part of this Office that no oppy be lost by Mr Trutch for parting with the Bridge.
After all that has passed, there is nothing else to be done, I apprehend, than to sanction the course taken under the circes, by the Governor. But the sanction might be accompanied by the expression of some injunction on the part of this Office that no oppy be lost by Mr Trutch for parting with the Bridge.
ABd
7 Sep
Mr Cardwell
Probably nothing better can be done under the circumstances. There is a good deal that might be said on this subject, but it would be rather long to say it in writing.
Probably nothing better can be done under the circumstances. There is a good deal that might be said on this subject, but it would be rather long to say it in writing.
TFE
8 Sep
An illusory transfer will be worse than none. This may wait a
short time in case Mr Seymour fulfills his intention of coming
home. If not, let it come to me again.
EC
12
Mr Elliot
You remember the case of Mr Trutch. He was appointed Surveyor General of British Columbia by the Duke of Newcastle. He was the best—nay the only elegible man in the Colony for the post, but he had interests in certain public works which were incompatible with his Office. It therefore became necessary that he shd divest himself of these interests. He sold one interest out and out, the remaining interest he arranged to dispose of to his Brother who was to pay him a certain sum down, & the rest by instalments. The Governor naturally thought this was an illusory sale of property, and has allowed Mr Trutch—see 8621/65—to possess openly his interest in the Alexandra Bridge & Road. The Governor's arrangement has never been approved or disapproved. He has waited the convenient moment for settlement. As Mr Seymour has been continued in the Office of Governor of B.C., and is about to return there I think it is proper that
the matter should be disposed of, and
I submit the papers accordingly. I need not here repeat that
I have throughout held that it was very objectionable to
appoint a man to an Office who had private interests in the
department over which he presided, and I should myself have
insisted on his giving up either his Office or his private
gains; but the case has trained on so long without complaint
that I trust that the public interests will not be found really
to suffer in the hands of Mr Trutch. I see, therefore, nothing
else to do except to sanction the course reported by the Govr
on the 30 June 65/8621, under the special circes of the case.
You remember the case of Mr Trutch. He was appointed Surveyor General of British Columbia by the Duke of Newcastle. He was the best—nay the only elegible man in the Colony for the post, but he had interests in certain public works which were incompatible with his Office. It therefore became necessary that he shd divest himself of these interests. He sold one interest out and out, the remaining interest he arranged to dispose of to his Brother who was to pay him a certain sum down, & the rest by instalments. The Governor naturally thought this was an illusory sale of property, and has allowed Mr Trutch—see 8621/65—to possess openly his interest in the Alexandra Bridge & Road. The Governor's arrangement has never been approved or disapproved. He has waited the convenient moment for settlement. As Mr Seymour has been continued in the Office of Governor of B.C., and is about to return there I think it is proper that
the matter should be disposed of, and
I submit the papers accordingly. I need not here repeat that
I have throughout held that it was very objectionable to
appoint a man to an Office who had private interests in the
department over which he presided, and I should myself have
insisted on his giving up either his Office or his private
gains; but the case has trained on so long without complaint
that I trust that the public interests will not be found really
to suffer in the hands of Mr Trutch. I see, therefore, nothing
else to do except to sanction the course reported by the Govr
on the 30 June 65/8621, under the special circes of the case.
But see a note of Mr Seymours of the 16 Augt which
followed me into the Country.
ABd
4 Sepr 1866
Mr Blackwood's memo shows the case. It is by no means
easy to get a good Surveyor for such a Colony, and after Mr
Trutch has been serving well for some years with no complaint,
I should certainly not move him on the strength of an offhand
private note from Mr Seymour, but should make it necessary for
him to express his opinion, and it's reasons, in an official and
responsible manner. I annex a draft for the purpose.
TFE
28 Sep
Documents enclosed with the main document (not transcribed)
J.W. Trutch, Chief Commissioner of Lands and Works, to Seymour,
29 May 1865, advising of the sale of his interest in the Alexandra
Bridge to his brother, and his interest in the Thompson Bridge to
Thomas Spence.
A.N. Birch, Colonial Secretary, to J.W. Trutch, 22 June 1865,
advising that sale of his interest to his brother would not be
"satisfactory to the public," but appointing him to possession of
the civil office with certain qualifications.
Minute of H.P.P. Crease, Attorney General, 5 June 1865, advising
that sale to his brother did not appear to constitute a real transfer
of the property and that it was better for his possession to be open.
Minute of C.W. Franks, Treasurer, 1 June 1865, disapproving of
the proposed arrangement and expressing opinion that Trutch be
allowed to retain the bridge and the appointment.
