Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Barnston, John G. to Lytton, Sir Edward George Earle Bulwer 4 April 1859, CO 305:13, no. 4173, 229.
Abstract
Correspondence (private letter).
Minutes (2), Enclosures (untranscribed) (1), Other documents (2).
Barnston offers an extract from a letter from his son,Mr John Barnston, complaining of the difficulty for Canadian barristers to practice in Vancouver Island.
The minutes offer a copy for the Governor of Canada and debate whether Douglas should open legal practice to Canadian barristers as he has for Scottish ones but
ultimately leave the matter to his discretion.
Included in this document is a draft from Lytton to Douglas, 29 April 1859, admitting that he is "unwilling to interfere" with Douglas's "discretion" concerning who can practice law in the superior courts; and Lytton to Sir E. Head, 1 May 1859, requesting he inform Barnston that Douglas has been notified.
Barnston to Lytton
Montreal
4th April 1859
Sir,
I have the honor to submit for your perusal, the following extract
from a letter just received by me, from my son Mr John Barnston, a
Canadian barrister who left Montreal last Autumn, to reside in
Vancouver's Island.
My professional position here is not an agreeable one; English
barristers and Scotch advocates are the only persons entitled to
practice in the Superior Court, and others are only admitted in
sufferance at present as agents for the parties—not as attornies or
barristers. There is only one English barrister here at present; but
there is no doubt that in a short time there will be more, when,
unless the order in Council be repealed, Colonial barristers will not
be allowed to appear. The same rule is observed at present in
British Columbia.
I
I most respectfully beg leave to bring under your notice the extreme
hardship of the case above disclosed, and to solicit such action on
the part of Her Majesty's government, as the nature of the case seems
to require.
Minutes by CO staff
Lord Carnarvon
Instruct the Governor of C[anada] to inform the writer in answer that copy of his Letter has been referred to the Governor of Van Couver's Island & B. Columbia with a request that the application (which seems a reasonable one) may be taken into favorable consideration.
Instruct the Governor of C[anada] to inform the writer in answer that copy of his Letter has been referred to the Governor of Van Couver's Island & B. Columbia with a request that the application (which seems a reasonable one) may be taken into favorable consideration.
2. Write to Governor Douglas accordingly & refer him to the
correspondence which has already passed in reference to the admission
of Scotch Solicitors to practice in the Superior Court of V. Couver's
Island.
Leaving the matter however to his discretion: as it may have a
connection with the rather delicate question of the admission of U.S.
lawyers.
C
Apl 27
Documents enclosed with the main document (not transcribed)
Other documents included in the file
Draft, Lytton to Sir E. Head, Canada, No. ?, 1 May 1859, requesting he inform Barnston that Douglas has been notified.