Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Lytton, Edward George Earle Bulwer 12 November 1858, CO 305:9, no. 552, 220.
Abstract
Despatch to London.
Minutes (5), Enclosures (untranscribed) (8), Other documents (2), Marginalia (1).
Douglas reports on American Special Agent Nugent’s activities in British Columbia. He promises that his letters to Nugent were
couched in terms of excessive civilitybut he has opted not to grant Nugent’s request for American lawyers to represent accused in British courts.
The minutes approve Douglas’s actions and forward to the Foreign Office with advice that American officials be communicated with concerning Nugent’s authority.
Enclosed is a draft from the Colonial Office to the Earl of Malmesbury suggesting it might be advisable to enquire into the suitability of Nugent with the American government; a draft from the Colonial Office to the Foreign Office forwarding a copy of the despatch for concurrence with the actions of the governor;
and eight documents and correspondence regarding rules of the law courts and the rights
of American prisoners to representation by American lawyers.
No. 46
12 November 1858
In reply to your communication of the 2nd September marked
confidential, in allusion to Lord Napier's favorable mention of
Mr Nugent, the Special Agent of the United States,and
and of his
friendly disposition towards this country, I have the honor to
inform you that Mr Nugent who arrived here in my absence, was
received with friendly attention on my late return from British
Columbia.
and of his
friendly disposition towards this country, I have the honor to
inform you that Mr Nugent who arrived here in my absence, was
received with friendly attention on my late return from British
Columbia.
2. He has since paid a visit to Fraser's River, and brought
before me, several cases of reported private wrongs to persons
said to be American citizens; but as none of those cases could
be considered in the light of national questions, I told him
that the parties must look for their remedy to the Law Courts of
the Country.
Mr
3. Mr Nugent has since made an effort to procure admission for
Members of the American Bar to plead before the Courts of this
Colony, but without success, as I will not tamper with, nor do I
conceive that I have authority to alter the rules of the Law
Courts of the Colony.
4. My first letters to Mr Nugent were couched in terms of
excessive civility, which probably induced him to address me a
second communication, to which I gave a decided rejoinder;
showing that the statements made in his letter were not founded
on facts. I herewith transmita
a copy of that correspondence and
trust my proceedings may meet with your approval.
a copy of that correspondence and
trust my proceedings may meet with your approval.
I have etc.
Minutes by CO staff
Lord Carnarvon
In sending this to the For. Office, I think it might be added that Sir E.L. proposes, should Ld Malmesbury concur, to signify to Govr Douglas his approval of his conduct. The For. office may probably prefer to wait a little in case of a representation from the US Government.
In sending this to the For. Office, I think it might be added that Sir E.L. proposes, should Ld Malmesbury concur, to signify to Govr Douglas his approval of his conduct. The For. office may probably prefer to wait a little in case of a representation from the US Government.
Mr Nugent's complaint is that American citizens in custody on
criminal charges cannot have legal assistance, because there are
no lawyers in the colony except the Crown prosecutor, and his
application to have American barristers admitted to plead has
been refused. The answer seems to me twofold, and conclusive:
the Governor cannot alter the law by admitting foreign
barristers to our Courts: and the American prisoners in question
only suffer the same hardship to which every British prisoner is
exposed. But he shews also that the practice of the colony is
equitable & considerate—and I must say that his letter of
Nov. 9. appears to me a striking instance of temperate [—-ness?]
& good reasoning.
HM
Jan 15
I completely agree with Mr
Merivale
Merivale and wd recommend this
course to be pursued. If any further argument were needed
against Mr Nugent's view of the case it could be found in the
confessedly provisional condition of affairs in B. Columbia. Granted
even that there is hardship—wh is
not the case—it is hardship wh is the result neither of a faulty
system nor of individual neglect or culpability but is simply
attributable to the absence of English lawyers from the
Colony—an evil wh every week & month will tend to remove.
Merivale
Merivale and wd recommend this
course to be pursued. If any further argument were needed
against Mr Nugent's view of the case it could be found in the
confessedly provisional condition of affairs in B. Columbia. Granted
even that there is hardship—wh is
not the case—it is hardship wh is the result neither of a faulty
system nor of individual neglect or culpability but is simply
attributable to the absence of English lawyers from the
Colony—an evil wh every week & month will tend to remove.
C
Jany 15
I feared from the first Mr Nugents appointment a man
who had been peculiarly hostile to the English in, I think,
the Nicaragua Question.
Send to F.O.—approve Govr D—& suggest to Lord M,
(confidentially in a private letter from me) whether
he could communicate with the Am. Minister, so that a person
clothed with such a vague authority as Mr N, & so evidently
& undisputably in the wrong in this dispute should not be
either checked or exchanged for a more regular & a more
temperate official. This Despatch leads me to [ask?] Mr M.
whether under all the circumstances we had not better now Send
out an Attorney General at once.
I will attend to this appointment.
EBL
Jan 15
Documents enclosed with the main document (not transcribed)
John Nugent, Special Agent of the United States, to Douglas, 6 October 1858, asking the governor to intervene in the cases of
six Americans imprisoned in the colony.
Richard Golledge, Secretary to Douglas, to Nugent, 8 October 1858,
advising Douglas did not feel he had the authority to alter the rules of
the law courts, but would look into the matter further.
Golledge to Nugent, 14 October 1858, with information from the
crown solicitor that the executive did not have the power to
allow American solicitors to practise in Vancouver Island.
George Pearkes, Crown Solicitor and Attorney, to [Douglas], 10 October 1858, with information as detailed above.
Augustus Pemberton, Justice of the Peace and Commissioner of
Police, to Douglas, 8 November 1858, discussing the disposition
of American prisoners and emphasizing that he made no
distinction of nationality in the prosecution of justice.
"Rules of the Supreme Court of Civil Justice of the Colony of
Vancouver's Island Respecting the admission of Practitioners," no date.
Other documents included in the file
Draft, Colonial Office to Earl of Malmesbury, Foreign Office,
Private, no date, suggesting it might be advisable to enquire into the
suitability of Nugent with the American government.
Draft, Colonial Office to E. Hammond, Foreign Office, no date,
forwarding copy of the despatch for concurrence with the
actions of the governor.