Duncan & Dewar to Newcastle

His Grace The Duke of Newcastle

K.G. &c &c
Her Majesty's Secretary of State
for the Colonies
5th September 1862

My Lord Duke,
We have the honor to forward herewith for your Grace's considerations. 1. Copy letter dated 27 July last from Mr John Copland, Solicitor, Vancouver's Island, to our Mr Duncan. 2. Copy of the Correspondence therein referred to between Mr Copland and Mr Young, the Governor's Secretary.
On behalf of Mr Copland, we ask the favour of your Grace's giving such directions in the matter, to the local authorities, as to your Grace may seem to be called for, and appropriate, in the circumstances.
We have the honor to be,
My Lord Duke,
Your very obedient Humble
Duncan & Dewar
Writers to the Signet
Minutes by CO staff
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ABd 8 Sepr
TFE 8/9
I do not see what further steps Y.G. can well take. A (so called) Ch. Justice can hardly be ordered by the Executive to frame a rule of Court wh he (rightly or wrongly) thinks himself incompetentManuscript image to make, nor can the Secty of State cause the Legislature to pass any law which they do not choose to pass.
At the same time the Govr ought to have acted or tried to act or explained why he did not act or try to act on the virtual instructions given in YG's dph of 7 Feby. I should be disposed to write to the Govr stating that a fresh application had been received at this office on behalfManuscript image of Mr Copland, from which it appeared that nothing had yet been done to enable that gentleman to resume practice in V.C.I. either by the issue of a Rule of Court admitting him or providing for his admission to practice, or by recommending to the Lre such Legislation as wd be necessary for this purpose, & that Y.G. wd be glad to learn why neither of these courses had been adopted.
Then write to Messrs D. & D. stating that it was not possible for the D of N. to dictate either to the Ch Justice or to the Legre of V. Couvers I. the course wh they should take in respect of the admission of Solicitors or barristers to practice in the Supreme Ct—but that a dph had been addressed to the Govr on the subject and add that papers referred to by Mr Copland as sent to the Col. Office were duly received.
The question whether Mr Cameron shd not be superseded by a professional judge is under consideration—waiting a report from the Govr.
FR 16/9
N. 18
Other documents included in the file
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Elliot to Duncan & Dewar, 26 September 1862, advising that the matter had again been referred to the governor but that His Grace could not dictate to the Chief Justice or the Legislature which course should be taken in the matter.
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Draft reply, Newcastle to Douglas, No. 107, 25 September 1862, asking why neither of the solutions proposed by Newcastle in his despatch of 7 February 1862 [Newcastle to Douglas, 7 February 1862, NAC RG7:G8C/3, 21] have been carried out.
Documents enclosed with the main document (not transcribed)
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John Copland to James Duncan, 27 July 1862, forwarding correspondence with the colonial government relative to his application to practice law in Vancouver Island, and explaining his recent actions and lack of success in the matter.
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Copland to W.A.G. Young, Colonial Secretary, 25 July 1861, enclosing a petition endorsing his application for admission to the bar, and and asking that it be submitted to the governor and the appropriate authorities in London.
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Charles Good, Colonial Secretary's Office, to Copland, 27 July 1861, advising his letter and petition had been laid before the governor and would be transmitted to London.
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Copland to Young, 6 January 1862, asking whether any communication had yet been received from England regarding his petition.
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Young to Copland, 7 January 1862, advising that no communication had been received.
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Copland to Young, 17 February 1862, informing that he had received word from the Lord Advocate for Scotland that the principal petition and report had not yet been received in London, and asking what date they were forwarded.
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Young to Copland, 18 February 1862, advising that the petition and other material had been forwarded on 30 November last.
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Copland to Young, 19 February 1862, asking for a copy of the Chief Justice's report on his application.
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Young to Copland, 20 February 1862, advising that the report had been forwarded to the Secretary of State.
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Copland to Young, 5 May 1862, advising he had received from his consul in Edinburgh a copy of a despatch sent from Newcastle to Douglas, and asking whether a copy had yet arrived in the office.
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Young to Copland, 6 May 1862, informing that the despatch in question had been received and laid before the governor.