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Les diagrammes suivants illustreht ta mAthoda. ata itura. a : 2X 1 2 3 1 2 3 4 5 6 m^ ¥\ A! "0i ' TORONTO PUBLIC LIBRARIES REFERENCE LIBRARY ■3S\.S.G^^^^ ■ ^!^ GOVERNORS OF COLONIES '^ m. IV 1940 THEIR CULXM IN CERTAIN CASES TO RETIRING ALLOWAN<'ES. *' * 1. Much care a-nd ciijxiou® attention has been bestowed l)y Her Majesty's Governm;ent;;^m time to time, since the year 1802 down to the Report of the Commissioners on the Super- annuation Acfc in 1857, on questions connected with the ex- 'pediency of providing, in the interest of the State, adequate retiring allowances for various classes of public officers. The Keport of the Commissioners of 1857 is comprehensive and elaborate. The propriety and force of the reasoning by which, from the experience of half a century, and the labours of previous Commissions in eliciting a vast body of oral and documentary testiniony> they have deduced certain general conclusions, is no longer questioned. It is admitted that, on the whole, the public does gain by conditionally providing moderate gratuities and retiring allowances for its servants ; and also, that such arrangement, by embracing all classes directly employed by the Crown, best obviates the ano- malies previously complicating the details of that equitable arrangement. 2. Accordingly, almost all the suggestions of the Com- missioners of 1857 have been embodied in a recent Act,* whose guiding equitable principle is virtually that, whilst direct employment by the Crown is necessary, it suffices also to support claims under that Act — or, in other words, that the Crown should extend its protection, under certain circumstances, to all its own servants ; and if any are not embraced within the limits of that Act, we believe ' the * 22 Vict. cap. 26. • A »R: 1 St' 2 omission arose oHginally from misapprehension, and not from design. 3. In that way probably one class of public servants — viz. Colonial Governors — is still exclutled from the benefit of that Act, though, more than any other, they may be said to be directly appointed by the Crown — not merely as receiving their commissions direct from the Crown, but far more as actually representing the Crown, and, in a viceregal capacity, practically exercising many of the most important personal and constitutional prerogatives of their Sovereign. 4. It is not apparent why this very striking anomaly was not alluded to by the Commissioners, thotigh it is probaljle that, in common with diplomatic and political servants other- wise provided for, they may have been considered as beyond the scope of inquiry allotted to the Commissioners in 1857. The Act, therefore, of 1859 is still restricted to such persons only as may have served in the * Permanent Civil Service,* or been paid from the 'Consolidated Fund, or monies voted by Parliament.* • It thus excludes Governors, because they are not members of a continuous permanent service in the sense in which a clerk of the Treasury, when once appointed, may be said to belong to a permanent service. A Governor's office is such that, from the very intimate privity existing between the Crown a 1 its imme- diate viceregal representatives, it must be an office wholly during pleasure, and not during what is ordinarily understood as *good conduct,' which legally means no more than the absence of misconduct. Secondly, his remuneration being derived from various sources — sometimes from * monies voted by Parliament ;* sometimes from colonial funds ; and sometimes from a civil list reserved to the Crown by a colony, and which may be thought to partake of the nature of the two former — it is highly improbable that any person admi- nistering, in the course of time, several Governments, could ful61 the second condition of that Act by drawing his salary j^lw^ys-arfd exclusively from the Treastiry. For example, the writer's first .appointment was a judicial one, paid by the ♦ .«: CC. xvu. i md not its — viz. t of that kl to be eceiving more as japacity, personal laly was proba!ile :s other- 1 beyond in 1857. bo such nt Civil und, or vernors, rmanent reasury, rmanent he very 3 imme- ; wholly ierstood han the n being * monies ds; and t colony, 3 of the a admi- ts, could s salary pie, the by the i .3 Treasury. He then administered three Governments, of which the salaries of the first two were paid by the Treasury, and that of the third from a civil list, reserved to Her Majesty by the colony out of the receipts of old Crown lands. 5. As, however, the obstacle to putting Governors on the same footinnr as other public servants in the matter of pen- sions, is most frequently considered to be the * financial difficulty' of giving retiring allowances from British funds to*Colonidr Governors, let us inquire, in the first instance, what this difficulty really means. A 'Governor' is called •Colonial' because he governs a col any, but he does not there- fore become a 'Colonial' officer, more than the General com- manding Her IMajesty's troops in Canada becomes a Canadian officer because he defends that colony. It is his duty to the Crown, and not his duty to the colony, which connects a Governor with the latter. He is there on the part of the Crown, and is responsible to the Crown, and not to the colony. His commission, instructions, prerogatives —all are given to him by the Crown, and that more '^nipletely, more confiden- tially, and more directly than to nay oth-r ptiblic servant; for he alone, 'ex m.ero motn; can give the Queen's assent to legislative enactments, remit penalties, and pardon criminals. Even when be most strenuously advances the interests of the colony whose government he administers, he is but discharging his duty to the Crown in the most enlightened and effective manner. He has no sphere of colonial action merelv as such, however much he may accomplish for the colony, or be identified with its progress and its history. He can put no « surplus good works ' to his credit as a colonial officer. He is at best but a servant of the Crown ; and it is unconstitutional to regard him as empowered to act outside of that character. He cannot be colonial in the sense in which a Chief Justice or Chief Secretary in a colony, where they are appointed by tlie Crown, become members of a colonial community. Once appointed, they appertain to the colony, as a Treasury Clerk belongs to the Treasury, however often the First Lord of the Treasury may be changed. On the other hand, a Governor never ceases to be tied by a visible link to the A 2 m ,^ / \ -^ll! T}irone,and shapes his course of action by instructions ijjsnrfl from a source heymul the boundm^ of the colony, 6. Still, it may be saiil by some, * If Governors be paid by the colonies, how can they be pensioned from I?riti«h funds ?* There certainly is no abstract principle which ehould prevent such an arrangement, in case it be thought convenient and practicable. We make bold, however, to ask at once what possible connection the source of a Governor's salary, whilst working for the Crown, can have with his subsequent claim to a retiring allowance, when worn out in the service of the Crown? He goes where he is ordered, and does what he is ordered, without regard to the quarter whence his remunera- tion may be derived. He knows the Crown must always be responsible for his salary, because it cannot dispense with Governors so long as it retains colonies. If it can lighten that expense by making a good arrangement with a colony, ' ta7it miexix ;* if not, it must either defray the cost from the British Treasury, or fflve np the colony. Now, in twenty- four, or more than half of the forty-five colonies,* great and small (omitting, for obvious reasons, Gi])riiltar and the Ionian Islands), which form the long and splendid list of British dependencies, Governors are paid, whoUy or in part, by the British Treasury. In ten others, their salaries are paid from * civil lists,' reserved by statute to the Crown out of proceeds of lands formerly British property, but now surrendered to various colonies on condition of defraying certain charges, in- cluding salaries of Governors. In fact, the Governor in twenty- four colonies is paid directly, and in ten others indirectly, from British funds. In the latter, those funds are a mortgage on old Crown property, the proceeds of which arc annually accounted for to Her Majesty's Commissioners of Audit, and the unexpended balances of which are still carried on from year to year to the credit of the Crown, as being, at least theoretically, at its disposal. 7. So much for the popular misapprehension as to the source from which the salaries of many British Governors are paid ; but it should be known that the real desire and » Vide Appendix A. as issnf (1 i paid by 1 funds ?* [ prevent ient and ice what y, whilst nt claim :e of the hat he is imunera- Iways he nsc with ft lighten a colony, ;ost from I twenty- ^reat .and \e Ionian f British t, hy the )aid from proceeds idered to arges, in- n twenty- ndirectly, mortgage annually ludit, and [ on from ', at least as to the [iovernors lesire and i wi«h of Her M ii< sfy's Government i-, f i IviuiH reodons, to' withdraw all questions affecting the salaries of Governors from colonial discussion. Thus, in some Crown colonies which are well able to pay the salaries of their Governors, and where the prerogative and influence of the Crown coidd compel such an arrangement, tliose fialaries are still paid by the Treasury, advisedly atid purposely. In fact, it is against the conviction of what is abstractedly rigid, and only from a view to economy, that salaries of Governors are paid from any source but the Ihitish Treasury. The temptation to save has apparently outweighed principle; and hence, whilst the total salaries of forty-five Governors may be put down in round numbers at 130,000/. per annum, the British Treasury pays only 36,000/. of that sum. 8. Keverting, however, to the question innnediately before us — we ask, even if all Governors were paid by the colonies, how can the source whence his salary comes affeit the equitable right of the Crown's most immediate servants to expect the same liberal treatment as other public otHcers ? Is it or is it not true, that the Crown, failing to induce or compel other parties to pay a Governor's salary, must defray tlie cost from the British Treasury if it retain the colony ? If, however, the Crown, either by persuasion, or exercise of prerogative, has been enabled to sliift on others a charge which otlierwise would have fallen on itself, how is it possible to suppose the Sovereign now addressing the representatives of the CrowTi, and saying, ' You have been my most confideutial and immediate servants. You have been entrusted with the most responsible and the highest duties. You have been sent to every climate, and have given me the best years and best energies of your lives. Your services have often been conspicuously useful, and niy Ministers have repeatedly expressed my sense of their value. Moreover, I have been so fortimate as to secure and retain those services in a great measure at the cost of other parties, I am, therefore, by reason of these large savings, in a for better position to treat you more liberal ly tlian any of my other servants, to all of whom, in Great Britain and Ireland, .') \ iW as you are aware — fi>in i; Sf»cretary of State to a dnnkyard Til. elianic — some retiring provision is secured. >i'cverthe- less, because you Imve not cost mo so much aa others, and because I can therefore better afford to be liberal and just to you than to any of my other servants, I will neither treat you liberally nor justly. I have availed myself of your services, but repudiate the claims which spring from thence, and admit those of all my other officers.* Can it be said that the above is an unfair inference, * twi ahsurdum,* from an argument which would except Governors, when worn out in tho service of the Crown, from a privilege extended to all its other servants, on the singular ground that, whilst able to work for tho Crown, and in actual em- ployment by the Crown, the latter had been so fort\mate as to get either the whole or a portion of its Governors' salaries paid by o^her parties ? 9. As if to render the injustice more conspicuous, it should be added tliat, while all the civil servants of the State in Great Britain are secured in a prospective right to some retiring allowances, almost all colonial officers are now similarly provided for. In Ceylon, the Australian colonies, Demerara, Canada, and many others, a system of superan- nuation allowances more or less liberal is now established ; whilst since June 1849, by a Treasury .^tiuute (No. 14,182), power is given to Colonial authorities (where the Crown has jurisdiction) to determine the amount of retiring allowances of certain minor officers paid from colonial funds. ^ In those and in most other cases the provisions of the English Super- annuation Act are applied. Hence it would follow that, whether we look at home or abroad, the position of Go- vernors is unaccountably and peculiarly anomalous. 10. Of course we must expect to hear of some financial difficulty. How are we to get over that ? Fortunately, a * finan- cial difficulty' can be gauged, and simply means a difficulty of paying just so many pounds, shillings, and pence as may be equitably required. If a man owes one hundred pounds, the effort to pay it is a financial difficulty of precisely that auio\nit. In this sense, Great Ilritnin finds a financial diflfi- « » Wi lockyard reverthe- lers, and and just 1 neither nysfilf of lug from ;^an it be nudum,* rs, when privilege r ground tual em- fcimate as i' salaries itsliould State in to some are now colonies, superan- ablished ; 14,182), rown has llowances In those h Super- low that, a of Go- financial , a*finan- difficulty ;e as may 1 pounds, isely that cial diffi- culty of i^Miit too.oOO^. per annum in piying its Diplo- matic and Cunsitiar expenses (includinu tliose in China and Japan); but as it cannot shift that burden on foreign nations, it faces the difficulty and pays the money. Moreover, independent of Consular pensions it pays some 22,000// annually in retiring allowances to its Diplomatic servants ; but fueling that thii objoctof that expt-nsc is just and proper, it surmounts that difficulty also. There was, of course, originally a very great * financial difficulty ' in establishing the existing system of retiring pensions to the general hotly of civil servants ; but, nevertheless, it seems inconiprehen- sible that if a difficulty uf that kind did not prevent the IJritish Parliament from doing what was felt to be, on the whole, for the benefit of the public service in the case of certaiu classes of Crown servants, it should be pleaded now as an estoppel to claims of other servants quite as etjuitable, and almost identical in character. 1 1. If, however, it be meant that there wouhl be a difficulty in obtaining, either froiu the colonies or any extraneous source, a retiring provision for servants of the Crown, wo admit it, and believe it to be an insurmountable difficidty, because most people would probably thiuk the care of its special servants should form a special duty of the State. 12. It is more important to consider whether tlie *financial difficulty' be really disproportioned to the occasion. We are convinced of the contrary, but shall not go into details which more properly Ml within the province of an actuary. Still, as it is desirable to propound some definite scheme whereby the cost may be closely tested by those who wish to piusue the inquiry, we append a brief sketch of a suggested enactment.* It adopts for Governors the scale for retiring- allowances already applied to the Diplomatic service, whose officers, of all other servants of the State, have most affinity to the Sovereign's representatives in the colonies, 13. At the same time, it should be known that the adoption of that scale is recommended, not merely by existing pre- cedents, but by economical reasons, which give it a preference * Appendix B. I I i 8 ♦H, the regulations applied to tin Orru m! Pivil Semce, under the Superannuation Act vi IbJU. TiiU wiii be at once apparent on reference to a ' Keport on the Diplomatic Service,* printed by order of the House of Commons in 1.861. That document contains a special and interesting comparison, by Mr. Samuel Urown, Actuary of the Guardian Assurance Office, between tlic actual Diplomatic Pension List of 1861, and the probable amount of the same if calculated according to the rules of the Superannuation Act.* He shows that whilst, by the Diplomatic scale, the pension list hnd then reached only 22,u0()?., it wov.ld, under the rules of the Super- annuation Act, have reached 40,000^ — or more than double its then actual amount. 14. The calculations of Mr. Brown were based on the assumption of there being 140 persons actively employed in the Diplomatic service. Of those, he took only the 35 of highest rank, with total full salaries of 1 28,000/., or an average salary of more than 3,G00/. per annum. Now, there cannot be more than 45 administrators of governments in actual employment at, once, the total of whose full salaries — about 130,000/. — gives an average of less than 2,900/. per annum. It is evident, therefore, that, with a far smaller body than that in the Diplomatic service in active employ- ment, and a lower average salary in the higher emphyh, the pension list of Governors ought to be considerably below the amount of the former. To this it must be added, that a long series of years from the date of its institution m'ui.t necessarily elapse before such proposed pension list could reach even that smaller amount. 15. It is unnecessary, and would be invidious, to institute any comparison between the relative importance of the Crown's being adequately represented in foreign countries and in its own colonies. Botli are necessary. We nny, however, remind our readers that, putting India aside alto- gether, the Britisli colonial empire comprises an area of 2,385,000 square miles, or more than twenty times the nrea of the United Kingdom — that it contains ten millions of * Report on Diplomatic Service, July 1861, page 11. viil be at diplomatic » in 1.861. mparison, AsBiirunce ; of 1861, according shows that lipd then he Super- an double >d on the employed the 35 of )/., or an m. Now, irernments ill salaries f,90U/. per \r smaller 3 employ- empfoyh, i])ly below led, that a tion m'ucb list could institute je of the countries We Day, iside alto- n area of js the nrea nillions of iiiTi il.'f inf. \\'ith an annual and increasing import and export trade, which already reach nearly 100 millions. On the apt development of the resources, and the guidance of the aspirations and tendencies of the inhabitants of those magnificent provinces, how much of tlie future history of the globe — how much of the future happiness of mankind — depends I 16. Tliose who have had experience of our coluuiti knuw that although, where there is a free constitution, far more of a nation's pro^^o-ess depends on the people than on their rulers, yet much inevitably depends likewise on the capacity, ex- perience, judgment, and high tone of feeling of tho c who are entrusted with the responsible duty of representing the Crown and exercising its prerogatives in British colonies. That duty, adequately discharged, would be cheaply recom- pensed at almost any co.st. Yet if we compare the expense of rcpr* .seuting Great Britain in foreign countries aud in her colonies, we find, on the one hand, that 400,()U0/. per annum is expended on the Diplomatic and Consular services, exclusive of liberal retiring allowances; whilst, on the other hand, the representation of the Crown in the colonies costs only some 3(),()00L per aimum — because other parties have taken on thenivselves to pay the annual balance, amounting to 94,000^ From this enormous annual saving, it surely is not too much to ask that something be set apart to put Governors on an equality as to pensions with even the clerks in Government ofiices ! We will not go quite so far as a late distinguished Secretary of State, and say, that the present anomalous and unfair position of Governors, as compared with other public officers, ' is a standing disgrace on every British ^Ministry for the last thirty years.' We believe them to have been neglected rather because the real merits of their case were not understood, than because there is any disposition on the part of the House of Commons to overlook a fair claim, whether it involves a large, or, as in the present instance, only a small expense. 17. We now turn to that whi^h has occasionally been advanced as a second great objection to putting Governors 10 i!i (.11 thu same footing in regard to pensions as other public officers— viz. that they do not belong to the Permanent Civil Service. We may admit that, under the existing Super- annuation Act, they are disqualified on that ground. But the question is not with existing legislativ^n —which has over- looked them altogether— but with those general principles of right and justice on which it is desirable that the national bounty .should be dispensed, and which, we contend, ought to apply to all who reader direct service to the State. 18. Of course Parliament can abrogate any special provi- sion found to result in exceptional injustice, and might equally do so if superannuation allowances never had been previously granted, except for services continuous in their nature, as though something inherent in the very essence of the relation subsisting between employer and employed had precluded the former from making any provision * in futuro,* in return for the latter'a services, unless continuous. 19. Such, however, can hardly be the case: because claims based on services — not in their nature continuous — may obviously be amongst the strongest. A greater claim may be established on the gratitude of a State by a brief but eminent service than by one more protracted, as a greater claim is established on the gratitude of an individual by saving his life in two minutes than by copying his despatches for twenty years. Such * interrupted ' services, moreover, have, in several cases, been recognised by English law. In fact, almost the earliest system of retiring allowances was established by the 57th Geo. III., cap. Ga, and 6th Geo. IV., cap. 90, whereby liberal pensions are given to certain iiigh public functionaries, and are still secured to them by a later Act, on a lower scale, conditionally that they shall have held one or more of certain specified offices, * ui the ivhole either iinintervujptedhj or at different tiniest* (or pavticular periods, varying — according to the office — from two to five and ten years. 20. Similarprovision has been made for diplomati servants, who, perhaps, of all the civil servants of the Crown, most nearly resemble Governors, in the representative and confidential * Vifff i & 5 Will. IV., rap. 21. ss. 1. 2, 3, 1. rm 11 er public lent Civil g Super- nd. But has over- [jrincipies ; uatiuual ought to al provi- id might had been in their isseuce of oycd had ; fatwrOj \^e claims IS — may aim may brief but a greater by saving itches for •, have, in ziy almost lished by , whcrebv itionaries, wer scale, of certain idly or at according servants, ost noarly •nfidential nature of their duties. By the 2nd & 3rd William IV., cap. 116, pensions, of live different clasi?es, are secured to diplo- matic servants, ou the expiration of fifteen years from the date of their first commissions, provided they have actually served ten years. No continuous service is, in their case, insisted on, simply because with tliem, as with Governors, such a condition would be impossible. Tiie nature of both employments, unlike tlie ordinary permanent civil service, renders tenure of office terminable by circumstances which neither Governor nor Ambassador can control. Nevertheless, though neither can, strictly speaking, be called a permanent officer, one is provided for, and the other neglected. 21, It results, therefore — though few of the general public are aware of it — tliat there actually still are offictTs of the highest class, directly employed by the Crown, discharging eminently responsible, difficult, and confidential duties, v'hoy iieverthelesSy alone of all the servants of the Croivn, might be so employed for twenty, thirty, or forty years ; and when they had expended the very cream of their life and manhood on arduous and wearing duties in every climate, till, eventually, they had become worn out, either in actual duty, or, still worse, in waiting for occasional turns of duty, might be — and, in fact, must be — finally turned adrift, witliout a claim to the smallest pittance from tlie Crown which they had served, or the slightest right to any recognition by their country. That is, after all, the main grievance. It is not a matter of money, in some cases at least, so much as of feeling that there is an abrupt, complete, and, in appearance, thankless severance, sooner or later, of all Governors, as such, from the civil service of the Crown, which had become their pride, and the chief object of an honorable ambition. 22. .Alorcover, it is no slight aggravation of the hardship attending such entire severance from that service, that the very nature of a Governor's duties involves a heavy official expenditure, greatly increased by the losses attending each removal, items which in the great majority of cases are so entirely disproportioned to the amount of his official income as to preclude him from laying by any adequate provision for II t ■ ■ I 12 his family. On the other hnnd, having no fixed and con- tiuuoua stipend, he cannot do so by means cf insurance; and under such circumstances, if he has recourse to a former pro- fession, he finds himself isolated and friendless, in exact proportion to the length of time which he has expended in the service of the Crown. 23. How is it, tlien, that these things can be, and that whilst such care has been bestowed by the Superannuation Commissioners and Her Majesty's Government in looking up and remedying a *mass of anomalies and inconsistencies most injurious to the public service ;* ' this 'anomaly' and this * inconsistency,' so remarkable when pointed out, could have escaped notice, or if noticed can have been neglected ? 24. The truth is, that whilst it may have been beyond the scope of their immediate inquiry, there were also two principal reasons why the subject had never been fuUy brought before the country. The first was, that till within the last twenty years the great majority of colonial governorships were held by military and naval officers, who, labouring compara- tively under no disadvantage, had no claim to urge ; for not merely did they receive increased pay and rank for the time being, but during such employment their own professional rank°went on advancing, till Governors who had originally commenced as only mili'tary captains became generals during their civil employments, and found themselves entitled to all the emohiments and retiring pay connected with their in- creased professional rank, when superseded in their civil em- ployment. Those who were really nggrieved were, therefore, few,and their influence insufficient to obtain ahearing; though it seems Ufficult to understand on what principle an injustice to a few should be continued, especially when tor that very reason its redress would involve but an inconsiderable outlay.^ 25. It is probable, however, that the second reason is that which has had, and which probably may still have, most weight —viz,, the supposed difficulty attending any equitable arrange- ment. It may also fairly be assumed that, as Urectsemtnta of the Crown, Governors have the same equitable claim on the * Viih Koport, 1857, i>p. 7 & 28. 13 and cou- ance ; and rmer pro- in exact pended in and tliat aunuation in looking iisistencies maly ' and out, could jjiflected ? )eyond the o principal iglit before ast twenty ships were • compara- re ; for not r the time jrofessional i originally rals during titled to all U their in- ir civil era- ', therefore, Lug; though injustice to very reason itlay. ason is that most weight ble arrange- 'ect servants chiim on the i Crown whether they serve in a colony or in England ; and it is not denied that if tliey have no claim on the Crown, they cannot, from their position towards the colonies, have any claim on the latter, whose servants they certainly are not. All this may be admitted: but still it may be affirmed, though erroneously, that the difficulties of dealing with the question are such that it is better for the public interests not to bring it forward. 26. Those who are acquainted with what has been passing are aware that the latter is the tone occasionally, but not unkindly, assumed in discussing the question. We think we have already sufficiently adverted to this assumption. For- tunately, it does not seem in unison with the tone of the im- mediate advisers of Her Majesty. They, having most oppor- tunities of knowing the nature of the work done by the class of officers in question, are supposed to be willing to consider any well-digested plan of general application for meeting their claims, and formerly were twice prepared with a measure of relief, which was not brought forward only through press of other business. If, however, during next session, a similar measure be introduced and be objected to, it would probably be on some hacknied ground, such as the unsuitableness of the present moment for its discussion, and not because it would in itself be inexpedient. Possibly It might also be urged, in deference to a theory much in vogue just now, that, if colonies ought to be required to defray the whole cost of their administration, they should also provide retiring allow- ances for Governors, as being an expense connected — Indi- rectly at least — with their local administration. To push to such an extreme a principle in itself sound, and whose appli- cation is desirable in tliose cases where it is both practicable and just, seems very like riding a hobby to death. It is not difficult to imagine the reply which Victoria, Canada, New South Wales, or any colony which already defrays the cost of the administration of its Governor whilst residing wi+h them, would give, if asked to provide likewise for his claim to a retirino- allowance, when his connection with them had ceased, possibly against the wish of the community, and necessarily Lit "Irl I rW' \u a 14 without consulting it. Why might not a similar demand with equal justice bo made for a Governor*8 travelling ex- penses to ami from a colony? Or why should not Victoria be expected- by a parity of reasoning— to provide a pension or contribute to the half-pay of every General who may have the honour of commanding Her Majesty's troops m^ that colony? Such reasoning— or rather absence of reasoning— ii^nores altogether the Crown's intimate connection with, and direct control over its Governors and Generals. 27. There may be some difficulties, but, if earnestly grap- pled with, they will disappear. It is not intended, and it is not for the interest of the country, that a Secretary of State should have the irksome duty of dispensing with useless services les- sened by crlving him a power of gently dropping that class of officers into retiring pensions. On the other hand, as the Superannuation Commissioners observe, it is not desirable that, in the absence of any retiring provision for * an esti- mable public servant,' a minister should retain him in service after he had become incompetent to perform his duties ; which, as the Commissioners observe, « is perhaps the strongest arcrument in favour of a system of superannuation.* Ii8. The truth is, that with no class of officers is d so easy to make a provision equitable both to them and the public; for as a Governor first receives employment on the understanding that he can hold it for only six years, a Minis^ ter of State has ample opportunity of deciding, during that period, on his fitness for further employment— an oppor- tunity which he never can have with those officers who, when once admitted into the service, arc permanently received into it. ^.loreovcr, the injury done to the officer by the rupture of his professional and social ties is, of course, less if he be put aside early than if, having been em- ployed for a longer period, he find himself finally super- seded. Even in the permanent civil service, excepting m special cases, no claim to an annuity accrues till after ten years of actual work. 29 If, however, Her Majesty's Government employs a civilian a« a diplomatist or a governor, Tiot merely once, but 15 r demand elling ex- t Victoria a pension may have )s in that asoning — with, and ;stly grap- ad it ia not :ate should ?r vices les- lat class of nd, as the ; desirable • *an esti- i in service lis duties ; strongest • ? it so easy :he public ; t on the s, a Minia- luring that •an oppor- who, when y received ;er by tlio of course, been em- illy super- ccepting in i after ten employs a y once, but twice, thrice, or oftener, it is impossible not to feel that such employment given, probably by very different Administra- tions, is given because the public is thought to be well and efficiently served by him. It is also impossible not to feel, that, with so many facilities for •dropping* such an officer, there is a tacitly admitted growing claim of the latter on the Crown, if frequently employed, proportionetl to the impossibility of his having recourse to the profession or employment which he has either abandoned, or into which he was prevented entering by a preference for direct service under the Crown. 30. Now, it is quite competent by a short Act, as we have shown — or if a consblidatiou of existing Acts be thoug}>t desirable, by the insertion of a few clauses — to fix any period of service, or any number of years of office, as essential to the full development of the inchoate right of a Governor to some provisional or retiring alloAvance. Why should it be more difficult or less just to do so in their case, than in that of diplomatic officers ? or what greater difficulty is there in classifying colonies any more than embassies and missions, and proportioning retiring allowances to Governors as well as to Diplomatic agents, according to the class in wliich each had served ? * Miitato nomine,^ the thing is already done by the 2 Si 3 W. 4, cap. 116, sec. 6, from which we have taken the conception of the draft Act given in the Appendix. 31. It cannot be doubted but that a system which would draw a line of demarcation an3nvhere — for example, a certain amount of work done within fifteen years from a first com- mission, as in the diplomatic service — would be far more satisfactory to the officers employed than the present absence of all system. He who found himself laid aside before he could reach the boundary line by reason of the State's pos- sessing servants of superior merit, might forthwith betake himself to some other pursuit — with bated hopes and chances diminished, it is true, but nevertheless better than if he had been lured on to w^aste further time in seeking employment profitless during its continuance, and fruitless at its termina- tion, except in the recollection of duty honorably discharged. ''^I Any system which keeps up and feeds with hopes deferred a numerous corps, of which only a few can be employed, la a system of cruelty to a deserving clas. of public servants, and a failure so far as regards securing the most efficient officers 32. The great, the cutting hardship felt at present is, that no lencrth of service, and no amount of merit, entitle to any provision. Therefore, however hard or unreasonably severe, as compared with other branches of Her Majesty s service, mi-ht be the terms imposed, still they could not but be pre- ferable to the present tacit repudiation of all claims which finally leaves civil governors of every degree of merit ahke completely stranded and cast out from that service. 33, Nevertheless, it must not be supposed that, because a trivial amount of recognition is preferable to coinplete repudiation of a Governor's services. Her Majesty s advisers will forcret how obviously that service is of a kind for which, in 1857^* the Superannuation Commissioners recommended special provision (such as has since been effected in other cases by the 9th section of 22 Vict. c. 26) by counting a number of additional years' service over and above the actual service m the case of certain officers. If Governors had been pensioned under the Superannuation Act, they would obviously have been incUided in such special class, because they must neces- sarily commence their service at a mature period of life, and not unfrequently with useful professional education on the acquisition of which large sums of money and years of appli- cation had been previously expended. 34. Indeed, so probable did it appear that only persons of mature vears and experience would bo emp byed in that capacity, and so likely that any one employed m Her M^^sty's service here and transferred to * Governor- ships of Colonies and other high offices abroad, won d be a person already entitled to some superannuation allow- ance, that the Superannuation Act of 18a9t expressly secures such retiring allowances to gentlemen so transferred from employment at home. Nay, more, so ^^^^^^^^^'^ provident is the State in everything which concerns the wel- . Vide Roi>ort, 1857. p. 23. t 22 Vict. cap. 26. .ec. xu. I deferred a oyed, ia a vants, and it officers, snt is, that itlo to any bly severe, r's service, at be pre- ims, which iierit alike , because a complete ,''s advisers for which, ;omniended other cases, number of ,1 service in 1 pensioned iously have must neces- of life, and :ion, on the rs of appli- )nly persons mployed in niployed in * Governor- I,' would be tion allow- + expressly > transferred ions and so jrns the wel- , eec. xii. 17 fare of all its servants, except governors, that it not merely secures the claim of the former to a superaiuuiation allow- ance proportioned to their previous service, but in their case counts service abroad as service at home, and di- rects that a proportionately increased retiring allowance be immediately * granted theiu on expiration of such term oi service, without a renewal of public employment!' Truly, were it not that the whole tone of English public life — as also the nature itself of the high and confidential tluties entrusted to governors — forbid such an idea, some persons might suppose that the pointed exclusion of the latter on every occasion from the least recognition, as of right, by the State, at the expiration of their services, meant something disparaging to that class of officers. 35. It seems, however, unnecessary to accumulate turther evidence of the unequal distribution of the favors of the State between colonial governors and other servants of the thrown. It is, moreover, improbable that there would be any disposition, either on the part of Her Majesty's Ministers or of Parliament, to resist some comprehensive and equitable arrangement of the claims of Governors on the Cro>vn such as has been briefly sketched above. There are, therefore, stronj^ reasons for hoping that another session will not be permitted to pass without securing the legislation necessary to give effect either to that scheme, as one already known to the Queen's service, or to some other which Her Majesty's advisers may prefer. 36. Moreover, it cannot be too often repeated that there are special facilities, as above remarked, for effecting such satisfactory and eciuitable arrangement. There has been no previous legislation on the subject; there are, strictly >nuun: Janitaby 1863. u ] % ■ I ■ iaff which e, already ma of ser- ion of an made with ght, under or3 to any al difficul- sting Her Iter to deal APPENDIX. A. SOURCES PROM WHICH THB SALARIES OP COLONIAL OOVERNORS ARE PAID. \, ^Colonial Civil Lists, granted in exchmiffr for the surrender of the Crown Lands. New South Wales Tasmania South Australia Victoria New Zealand (with £1,000 from Colonial Revenue) Queensland Canada New Brunswick Nova Scotia Newfoundland Mauritius Ceylon Hong Kong Trinidad British Guiana St. Lucia 2..^Cohnial Revenue. British Honduras Turk's Island Cape Natal St. Helena Malta Z.~~Partly tmperial and partly Colonial Funds. Jamaica* Vancouver Island, British Bahamas Columbia Bermuda » Adft July 1863, the salary of the Governor of Jamaica, with some other items, will probably be paid from a perpetual annuity of £6,000 granted by the colony. That annuity, however, if granted, will be a costly one to Great Britain, having been purchased by a loan of £200,000 from Great Britain to the colony, which is to 1)6 cancelled in consideration of the expected annuity In a ffW years, doubtless, the loan of £200,000 will be foi-gotten, and tho Oovernop of Jamaica's salary will be regard«'d as |»aid from Colonial funtlu I mm 20 4. — Imperial Funda. Siorni Leone St. Vincent (UM Coust Grenada (;am])ia, (with £2nO from Colonial Tobago Fuiuls) >f<»utM'rrat Lagos) Dominica Prince Edward Island St. Kitts Falkhuul Islands Nevis Wt'stern Australin Viri^in Islands Barbaloni»'s. An Act to provide in certain cases Retiring and Svperanmmtion Allowances for Governors of Colonies, Whereas it ia expedient that Colonial Governors should no longer be excepted iVom the benefits extended to other civil servants of the Crown bv various Acts, under which superannuation and retiring allowances are already sectu-ed to certain high officers of State, and to other Public servants, but are limited to members of the permanent Civil Scr\'ice of the Crown paid hy monies voted by Parliament. Be it therefore enacted, by the Queen's ^lost Excellent ^lajesty, bv and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, it shall he lawful for Her JLajesty's Principal Secretary of State for the Colonies, together with the Lords Commissioners of Her Majesty's Treasury, to prepare a list, dividing the various Colonial possessions and dependencies of the British Empire into four or more classes, and from time to time to alter and rrarranffe the if' IS' H 21 eranmmthn [I no longer iril servants in.ttion and 1 officers of nbers of tlie 28 voted by jnt ^lajesty, pirituul and embled, and le passing of Seerc'tary of lissioners of t!ie various )ire into four pjirranffc tlio Fowor In TrtMsury to {j;riiiit j)tnsi()iin to «>x-(iover- nors, not vxcci'iliiifj; ocrtiiiiv amounts. Limitiitioii of power to fIVilUl |H'Usions. division 80 made by any Minute to be by them framed for that pur- po«e, in such form as may to them seem most expedient. II. And be it further enacted, t!iat it shall be lawful for the Lorda ConuuisKionera of Iler Majesty's Treasury to grant a pension, on such conditions and subject to such regulations as the said Lords Comnjissioners may from time to time deem most expedient, to any person %vho nhall have actually administered the government of any ojieor more colony or British possession in the classes aforesaid : I*rovided that no pension under the authority of this Act shall exceed the sum of £ per unntmi if granted to any one person for the first class, £ for tlie second class, £ for the third class, £ for the foiuth class, and £ for any lower class : Provided also, that pensions shall only be granted under the following regulations and restrictions (that is to say) : First. That no pension whatever shall be granted to any person under this Act till the expiration of Fifteen years from the date of his first commission authorising him to administer a government, nor unless he shall have been employed in the actual administration of sonie government i'or Ten years. Second. That no ex-Governor, who may have administered several governments, shall be qualified to receive the pension allotted to the government of the highest class which he may have administered as aforesaid imless he shall have been employed for six years in the actual administration of a government of such special class. III. Provided always, and be it further enacted, that if any ex- Suspp"sioii Governor, being under the age of fifty-five years, shall accept any i„ eortain puV>lic office or situation under the Crown, it shall be competent to ciises. the said Lords Commissioners to declare that the pension of such ex-Governor shall be suspended, either wholly or in part, during his tenure of such office or situation aforesaid, until he shall attain tlie age of fifty -five years. IV. And be it further enacted, that no ex-Governor shall be held Rt'com- to have any absolute right to any pension under this Act ; and that "„(" appi-o- no pension be granted to any ex-Governor under this Act, except val of on the recommendation and with the sanction of Her Majesty's ^^''^J'^'^'^f^ Principal Secretary of State for the Colonics : Provided always^ necessary that it sh'dl bf> competent to grant to any ex-Governor so rccom- to eacli grant of ppnsiion. **.» Ao<»otitit of to l>«' liiid liament. 22 mendca, and who may have iorvod in several clawe., rnch pension only M may iwcni to the Lords ConuniHsioner* of Ilcr Majesty • Traisury, on the whole, moat equitably to meet U»e claima of any such cx-Govemor under this Act. V. And be it further enacted, that an account of all i)a>Tnont8 which may >.e made for pensions to be grantc bt RfOiTiswooDS ahd co. NKW>»T8GBT ttQVAKB WV mmm I ponsion M.ijesty'* 18 of any iH' ^^WP' ^ mymcnta Let shall !9 ^1 |t^g»WSiKfe-> I