<persName ref="prs:morgan_j"><surname>Morgan</surname>, <forename>J.</forename> <forename>A.</forename></persName> to <persName ref="prs:lytton_egeb"><surname>Lytton</surname>, <forename>Edward</forename> <forename>George</forename> <forename>Earle</forename> <forename>Bulwer</forename></persName> 8 February 1859, CO 60:6, no. 1413, 15. Morgan addressee Lytton

Published by Jim Hendrickson and the University of Victoria.

Morgan, J. A. to Lytton, Edward George Earle Bulwer 8 February 1859, CO 60:6, no. 1413, 15.The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.6, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B595MI04.html. CO 60:06 CO 60 6 1413 15 B.C. 1859 received 9 February co_60_06_00016r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Public Offices document. Minutes (4), Other documents (1).

Morgan enquires, on behalf of the Society of Solicitors before the Supreme Courts of Scotland, if rumours reported in the Times that lawyers from their Society are being denied the right to practice in the Supreme Court of British Columbia [Vancouver Island] are true.

The minutes discuss the validity of this claim. While the CO have not confirmed such a policy, Merivale recalls that Rogers may have been drafting an Order in Council which does exclude Scottish solicitors.

Draft, Merivale to Morgan, 19 February 1859, stating that Lytton was unaware of any rules on the subject and would enquire into the matter.

 Morgan, J. A.
Solicitors Hall, Parliament Square, Edinburgh
Lytton, Edward George Earle Bulwer Inserted revisionDesc with @status="unproofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
Morgan to Lytton 1413, CO 60/6, p. 15; received 9 February
Solicitors Hall, Parliament Square, Edinburgh
8 February 1859 Sir Edward,

As President of the Society of Solicitors before the Supreme Courts of Scotland, I beg on behalf of the Society, to make the present communication.

The Society was Incorporated by Royal Charter in the Reign of his Majesty George the III, in the year 1797; and by that Charter the Members are entitled to act as Agents and Solicitors before all the Supreme Courts in Scotland.

The Entrants, after being examined, and found qualified, are admitted, and sworn in by the President of the Court of Session. At present the number of Members of the Society is upwards of Two hundred and Seventy, and they conduct more than one half of the Business before the Superior Courts of Scotland.

Hitherto the Members of the Society have been found entitled to & have acted as Attornies or Solicitors in all the Colonial Courts of Law, and it is not without suprise that they observe it stated in the Times Newspaper of the 19th ultimo, that they have been excluded from practising as Solicitors before the Supreme Court of Civil Justice of the Colony of Columbia. This surprise is encreased when they see it stated in the same Newspaper that Writers to the Signet are to be entitled to act in that Court.

In Court proceedings in Scotland the Society of Solicitors are entitled to, and enjoy the same powers and privileges as the Writers to the Signet, and on what principle they are excluded from practising in the Columbian Courts, they are at a loss to know; and therefore I have been requested to enquire if the Report in the Times Newspaper be correct; and if so, to ascertain the cause catch of the Solicitors being excluded from acting in the Columbian Court.

I have etc. J.A. Morgan
Mr Merivale I think Mr Begbie in 1072 addressed a Letter to this Office on a kindred subject to this—on which occasion I passed on to you the O. in C. for the administration of Justice in B. Columbia; to assist you in the consn of the matter. But as to the particular fact of the exclusion of Scotch Solicitors from the B. Columbian Courts, which is herein alleged, we have recdreceived no report, or confirmation, that I am aware of, nor do I believe that the O. in C. can contain any such restriction. ABd 9 Feby
I have not an idea on what it all rests. There are no "Courts of British Columbia" whatever, as yet. The writer must mean the Courts of Vancouver's Island. Will you let me see the Charter of Justice of that island. I think it was enacted in the form of local law. HM F 11
Mr Merivale Annexed is the Order in Council establishing the Supreme Court of Vancouvers Island. See the 21st & following pages empowering Attornies & Solicitors to practise. VJ 12 Feby
I think that Sir F. Rogers drafted this Order in Council, & I cannot tell what precedent he used. It is clear it does exclude Scottish Solicitors. I should like to keep it till he returns; in the mean time I annex a dilatory answer. HM F 16
Draft, Merivale to Morgan, 19 February 1859, stating that Lytton was unaware of any rules on the subject and would enquire into the matter.