Colonial Despatches

In Lord Granville's Despatch No 84, of the 14th August, 1869 on the subject of the proposed Union of this Colony with Canada he mentioned the future position of Government Servants as one of those questions requiring some personal care on the part of the Governor which would not be necessary in the case of a negotiation between twoResponsible Responsible Governments.

2. Your Lordship is aware that by the sixth Article of the Scheme of Union agreed upon between the Canadian Ministry and the Delegates from this Government it is stipulated that suitable Pensions such as shall be approved by Her Majesty's Government shall be provided by the Government of the Dominion for those of Her Majesty's Servants in the Colony whose position and emoluments derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. And ina a Despatch from Lord Lisgar dated 7th July 1870 communicating the terms which had been arranged, he said: I have been requested by my responsible advisers to add the assurance that such provisions shall be made for the retiring Pensions of Public Officers in British Columbia as you may approve of.

3. Ample assurance is thus given for the provision of retiring allowances if they shall really be required. But, I have learnt from the Delegates since their return that the Canadian Government is most anxious to avoid the necessity for themif if it be possible. They think that to many of the Officers they may be able to afford employment satisfactory to them, and that in the cases of others Your Lordship may be willing to provide for them by appointments in other Colonies. It is the latter question that I now desire to submit for Your Lordship's consideration.

4. It is difficult to deal with the Officers who will be displaced by Confederation and the subsequent introduction of Responsible Government, simply as a class, with regard to the probability ofproviding providing for them here under the new arrangements. The peculiar circumstances and qualifications of each Officer have to be considered. Those who will be affected injuriously by the change are [salaries inserted in the margin]:
The Colonial Secretary, Mr Hankin [£800].
The Attorney General, Mr Phillippo [£800].
The Commissioner of Lands and Works, Mr Trutch [£800].
The Collector of Customs, Mr Hamley [650], and
The Auditor General, Mr Ker [£500].
Stipendiary Magistrates:

Mr Ball.

Mr O'Reilly.

Mr Sanders.

Mr Bushby.

Mr Pemberton.

Mr Spaulding.

Of these, the Magistrates may for some purposes be considered a class apart, of whom I shall speak presently. The other five Officers will probably all be displaced, except Mr Hamley the Collector of Customs, whose services I think the Government of the Dominion will probably be glad to retain, and who I believe will not be unwilling to serve under them provided that it is understood that in the event of his being subsequently displaced he may have recourse to the provison for a pension. Mr Trutch would probably prefer to remainin in the service of the Imperial Government if suitable employment could be given to him. But, I think he would not be unwilling to take an appointment from the Dominion Government and I think it likely also that one may be found for him which may be acceptable. Probably Mr Ker, the Auditor General, may in like manner be suited with employment under the Federal Government which will leave him in no worse position than that which he now occupies. But, there remain the Colonial Secretary and the Attorney General, whohave have been but very recently appointed to this Government since the question of Union with Canada was agitated; this is especially the case with Mr Phillippo. There will scarcely be any Office in this Province in the gift of the Government of the Dominion which would be suitable to either of these gentlemen, and I am acquainted that the Ministry of Canada regard the provision of pensions for them as bearing hardly upon Canada, having reference to the exceedingly short term of their service in this Colony. It would therefore facilitate theproposed proposed arrangements very much if it should be possible for Your Lordship to find employment for these two gentlemen elsewhere, and I should be glad to be informed upon this point for my guidance in further negotiations.

5. The Stipendiary Magistrates form another Class of Officers who notwithstanding their value would almost certainly be disturbed in their appointments on the introduction of Responsible Government. These Magistrates are not only Justices of the Peace, butCounty County Court Judges, Indian Agents, Assistant Commissioners of Lands and Works, Collectors of Revenue, and General Government Agents in the different Departments of the Public service 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 tothe the services of these officers.

7. [6.] As the Supreme Government 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 transferable to the control, or caprice of local party government; who through mistaken motives of economy by the substitution of unpaid or irresponsible Magistrates,or or some such policy, might entail upon the government at Ottawa an amount of trouble and expense not easily to be computed.

7. I propose therefore that these Officers should be Officers of the Dominion as County Court Judges and Indian Agents. If it should not be thought objectionable to unite service to the local government to responsibility to the federal authorities, they might continue to render aid under the direction of the Lieutenant Governor as the Deputy of the Governor inChief Chief in the administration of local affairs, as they do now in the business of the Land and Works, the collection of Revenue, and other Miscellaneous duties. But, I would have them paid by Canada and not amenable to the local administration except through the Lieutenant Governor as representing the central authority.

8. This being conceded I should seek for an assurance to these Officers from the Government of Canada that their appointments will be considered permanent, thatis is they shall not be removed without cause shewn, and that in the 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 of two thirds of their present emoluments; which may be estimated in each case as Five hundred pounds (£500.0.0), though in some instances an extra allowance has been made on account of the greater expense of living in different districts.

9. As regard the subordinate Officers in PublicDepartments Departments I assume that they will continue to hold their present posts whether the Offices to which they belong should be transferred to the Dominion, or remain 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.

10. Under the arrangements which I have sketched, if the Colonial Secretary and Attorney General can be otherwise provided for, I think it probable that the Canadian Government maybe be relieved of any present necessity for the payment of pensions. But, I regard it as necessary that the provision should be made in the event of necessity and as security to the Officers concerned that they will not be allowed to go without either employment or pension. But, it may readily be understood that the pensions will not be drawn if the claimants are provided with suitable employment.

11. In conclusion I would observe that it would be very satisfactory to all the presentOfficials Officials if they may be assured that such chances as they may at present possess of promotion through the Colonial Department would not be affected by any appointments which they may now accept for the purpose of facilitating the arrangements on Union; but that their claims would still be considered for employment in the Imperial service as opportunity or occasion may arise. It is my duty to bear testimony to the loyalty and good feeling with which I have beensupported supported by the Official body in carrying out a policy which they could not but be aware entailed some risk to them as regards their personal interest.