Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Lytton, Sir Edward George Earle Bulwer 6 January 1859, CO 60:4, no. 2144, 10.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (3), Other documents (2).
Douglas informs the Colonial Office that due to the lack of English lawyers, Begbie felt obligated to accept American lawyers “to plead” in British Columbia’s courts. Douglas decided to allow this scenario to be ongoing for a period of six months in the hopes
that English lawyers would make their way to British Columbia.
The minutes feel obligated to approve the measure, but regret that in England unemployed
but “duly qualified lawyers [...] cannot be made aware of the harvest which they might
gather” in BC. Lytton recommends writing to Cairns, who may know young lawyers willing to make the trip.
Enclosed is a draft from Lytton to Douglas sending his regrets over the lack of English lawyers; a draft from the
CO to Cairns forwarding a copy of the despatch for his information; Begbie to Douglas enclosing the general order of court; Begbie to Douglas enclosing a draft order of court permitting aliens to enroll as attorneys in the
the colony; and a newspaper clipping containing information regarding the temporary
measures enacted for enrollment of attorneys.
No. 65
I have the honor of transmitting here with a copy of
a General Order of Court, issued by Mr Justice Begbie
dated 27th December last, with copies of two letters,
explanatory of his reasons for admitting as a temporary
arrangement, Members of the American Bar to
to plead in the
Courts of British Columbia.
to plead in the
Courts of British Columbia.
In the absence of Members of the English Bar to take
out the proper writs, and to conduct cases, there would
otherwise be no one to point out to defendants the most
efficacious mode of defence, a duty which the Judge would
be called on to perform, and therefore to act both as
adviser and Judge.
He despaired under those circumstances of giving
satisfaction to the suitors, and of maintaining the
desirable high character of a
a British Court of Law.
a British Court of Law.
For those reasons I yielded to his wishes, and
agreed that the concession in favor of American Lawyers
should remain in force, for six months, but not longer,
unless there be a positive necessity from the absence of English
practitioners, of again resorting, for a time, to a like expedient.
Minutes by CO staff
I presume this must be approved as matter of necessity.
HM
Mh 1
I suppose so—but it is a pity that unemployed but
duly qualified lawyers in England cannot be made aware
of the harvest wh they might gather in B. Columbia.
C
March 2
Other documents included in the file
Draft, Colonial Office to Sir Hugh Cairns, Law Officer, 17 March
59, forwarding copy of the despatch for information.
Documents enclosed with the main document (not transcribed)
Newspaper clipping, unnamed, no date, "Court of British
Columbia, Order of Court," containing information regarding the
temporary measures enacted for enrollment of attornies.
