No. 147

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 two 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 in 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 them 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 of 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 remain 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, who 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 the 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, but 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 to 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
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 in 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, that 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 Public 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
may 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 present 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
been 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.