No. 35

On the 25th ulto I received your telegram stating on what
conditions Mr. Phillip[p]o would accept the Puisne Judgeship of B. Guiana
and on the 28th I telegraphed back "I am unable to assent to Phillipo's
conditions and must appoint some one else."

I request that you will inform Mr. Phillipo that with every desire to meet his
wishes, I could not undertake that the Canadian Government would
recognize his claim to a pension in the event of his failing to serve
long enough in B. Guiana to earn one under the pension Rules of that
 Colony, and I would observe that taking such an early opportunity of
offering Mr. Phillippo in consequence of the approaching lapse in the
office which he now holds I was much influenced by the view of the
Government of Canada as intimated to me in your Despatch No. 147 of the
17th November, that the provision of a pension for an Officer whose
service in B.C. had been so short, would bear hardly upon the Dominion.

But independently of this consideration, Mr. Phillipo's inability to
leave for B. Guiana, before June next the cause of which I regret would
have caused an inconvenient delay in bringing up the Judicial staff of
that Colony to its proper complement.