<persName ref="prs:carnarvon"><surname>Carnarvon</surname>, </persName> to <persName ref="prs:douglas_j"><surname>Douglas</surname>, <forename>James</forename></persName> 29 April 1859, LAC RG7:G8C/7, 326. Carnarvon (Parliamentary Under-Secretary) addressee Douglas

Published by Jim Hendrickson and the University of Victoria.

Carnarvon, to Douglas, James 29 April 1859, LAC RG7:G8C/7, 326.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/B597057.html. LAC RG7:G8C/7 LAC RG7 G8C/7 326 57 B.C. 1859 rg7_g8c_07_00186r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Despatch from London. Enclosures (untranscribed) (1).

Carnarvon forwards George Barnston’s letter containing an extract of a letter from Barnston’s son, John Barnston, complaining about his exclusion from practicing as a colonial lawyer in the superior courts of Vancouvers Island and British Columbia. Carnarvon points out that if Douglas decides to remove the disqualification, the local legislature has the power to effect this in Vancouver Island, and in BC. This would require an amendment of the Judges order in the court which allows non-English lawyers temporary admission only.

Contained within the despatch is Barnston’s letter to Lytton, 4 April 1859, respectfully begging that action be taken by Her Majesty’s government.

See V597057 for a letterbook copy of this document.

 Carnarvon,
Downing Street,
Douglas, James Inserted revisionDesc with @status="unproofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
No. 57 LAC, RG7, G8C/7, p. 326 (CO 410/1, p. 198)
Downing Street,
29 April 1859 Sir,

I transmit to you herewith the copy of a letter which I have received from Mr John Barnston of Montreal, containing an extract from one [letter] from his son, a Canadian Barrister, residing in Vancouvers Island, complaining of his exclusion, as a Colonial Lawyer, from practising in the superior courts of Vancouvers Island, and British Columbia.

Mr Barnston's application that this disqualification may be removed appears to me in itself to be a reasonable one, but it is a matter in which I am unwilling to interfere with your discretion, and I must leave it to you to decide whether his request can properly be complied with. Should you see no objection to the admission of Lawyers educated either in Canada or in the British Colonies generally the local legislature has the power in Vancouver's Island to effect this, as I have pointed out in my recent despatch No. 45 of the 9th April on a similar application from the Scottish Solicitors, and you will be at liberty to introduce the necessary measure for the purpose. In British Columbia all that would be necessary would be the requisite amendment of the Judges order in Court transmitted with your despatch No. 65 of the 6th January which provides for their temporary admission only.

I have the honor to be Sir, Your most obedient servant Carnarvon In the absence of Sir E.B. Lytton
George Barnston to Lytton, 4 April 1859, with enclosure indicating change of address.