<persName ref="prs:barnston"><surname>Barnston</surname>, <forename>John</forename> <forename>G.</forename></persName> to <persName ref="prs:lytton_egeb"><surname>Lytton</surname>, <forename>Edward</forename> <forename>George</forename> <forename>Earle</forename> <forename>Bulwer</forename></persName> 4 April 1859, CO 305:13, no. 4173, 229. Barnston addressee Lytton

Published by Jim Hendrickson and the University of Victoria.

Barnston, John G. to Lytton, Edward George Earle Bulwer 4 April 1859, CO 305:13, no. 4173, 229.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/V596B01.html. CO 305:13 CO 305 13 4173 229 V.I. 1859 received 19 April co_305_13_00231r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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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, John G.
Montreal
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.
Barnston to Lytton 4173, CO 305/13, p. 229; received 19 April
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.

I have the honor to be Sir Your most obedient Servant Geo. Barnston To the Right Hon E.B. Lytton &c &c &c Her Majesty's principal Secretary of State for the Colonies
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.

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.

ABd 23 Apl TFE 23/4
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
Barnston to Lytton, 4 April 1859, advising where mail could be sent to him.
Draft, Lytton to Douglas, No. 57, 29 April 1859, admitting that he is "unwilling to interfere" with Douglas's "discretion" concerning who can practice law in the superior courts.
Draft, Lytton to Sir E. Head, Canada, No. ?, 1 May 1859, requesting he inform Barnston that Douglas has been notified.