No. 4

I have received Acting Governor Birch's Despatch, No. 61, of the
29th of September, reporting that as no Official intimation had reached
him of an extension of Mr. Cooper's leave beyond the 30th of June 1865,
and as no communication concerning his intentions had been received in
the Colony, the Acting Governor had considered his appointment vacant
from the 1st of January last, and had reduced his Office.

The facts of the case are as follows. Mr. Cooper came home on Six
Months' leave commencing from the 1st of January 1865. Mr. Secretary
Cardwell afterwards granted him an extension of Six Months up to the
31st of December 1865, and notified this to the Colony in a Despatch to
yourself No. 20 of the 11th of May 1865. Mr. Birch must have overlooked
this when he states that no intimation had been given to the Colony of
any extension of Mr. Cooper's leave. On the other hand that extension
finished at the date from which Mr. Birch a[d]journed the Office to be
vacant, so that substantially his conclusion remains correct.

Mr. Cardwell refused at the time to give leave for more than Six
Months ending the 31st of December 1865, but said that Mr. Cooper would
be at liberty to apply for more leave when it was clear at what time his
legal proceedings would terminate. Mr. Cooper did not apply, but
remained in this Country without knowledge either of the Secretary of
State or of the Colonial Government until the 26th of September last,
when he for the first time asked for an addition to his original
extension of leave up to the 31st of December 1865. I informed him, as
you will have learned from the correspondence forwarded to you in my
Despatch, No. 16, of the 26th of October, that I could not do otherwise
than consider him as having been absent from his post without authority
since the 31st of December 1865, and that this fact must materially
affect his position in case the reconstruction of the public Offices in
British Columbia and Vancouver Island should have rendered it advisable
in the judgment of the local Government to dispense with his services.
Subject to his observation, I said that I had no objection to his
remaining in this Country without salary until the 26th of November.

I think that under the circumstances of the case Mr. Birch acted
rightly in reducing Mr. Cooper's Office, if the interests of the Public
Service required it, and that Mr. Cooper's conduct in the matter has
deprived him of all ground of complaint on account of losing his Office.

I enclose for your information a copy of a further letter which was
received from Mr. Cooper after the date of my Despatch of the 26th of
October, together with a copy of the reply.