[HOWAY] GOVERNOR MUSGRAVE AND CONFEDERATION 19 



and the accumulation of annually recurring deficits settled that 

 question. The choice was, therefore: annexation or confederation. 

 In reality this was no choice. At heart the Colony, though grievously 

 complaining of its treatment by the mother land, was always loyal. 

 The annexationists were practically confined to the vicinity of Victoria. 

 As the strength of this faction lay in the American element, the 

 limiting of the suffrage to British subjects would, if resorted to. draw 

 its fangs. The publication of Lord Granville's despatch of 14th 

 Atigust, 1869, solidified the general sentiment in favour of Con- 

 federation. The Colonist hailed with delight the news that the Right 

 Reverend Bishop Hills had delivered an address in support of Con- 

 federation.^^ 



The great stumbling block in obtaining a favourable decision of 

 the Legislative Council lay in the officials, who, having been appointed 

 by Governor Seymour in 1868 as members, were in a position to 

 prevent such a result. Even if new magistrates were selected by 

 Governor Musgrave, there were still five officials, to wit, the members 

 of the Executive Council, who held their seats by virtue of the Imperial 

 Order-in-Council.'- And, in any event, the magistrates had been 

 appointed, subject to the Crown's pleasure, for two years. Possibly 

 some drastic alteration of the personnel of the magisterial members 

 might have been made to secure the passage of a resolution in favour 

 of Confederation; but such a course, objectionable from many 

 points of view, would have delayed the project for nearly two years. 

 Recognizing the situation, the Governor proceeded to obtain the 

 support of the fourteen officials by the promise of suitable pensions 

 to all those whose positions or emoluments would be affected by 

 the union. 1=^ I shall allow the nine magistrates to state the case for 

 themselves. "That without their votes that measure (Confederation) 

 could not have been passed; that they were led to vote for that 

 measure solely at the instance of the then Governor, Mr. Musgrave, 

 on the distinct and repeated assurance from him as the representative 

 of the Queen, that under the terms of Confederation they would be 

 placed in the permanent service of the Dominion Government as 

 County Court Judges and be totally independent of and without the 

 control of the Provincial Government." i* The stipulation for 

 pensions for the officials was made a term of union, and in a lengthy 

 despatch, dated 17th November, 1870, Musgrave discussed in detail 

 the circumstances of each official.'-^ These facts are mentioned some- 

 what out of the chronological sequence to show the meticulous care 

 with which all phases of the matter were considered by the Governor . 



