Sir Archibald Paull BurtQC (1 September 1810 – 21 November 1879) was a British lawyer, politician and judge. He grew up on the island of Saint Christopher in the West Indies, where both he and his father owned slaves. He studied law in England and returned to Saint Christopher where he served as speaker of the house of assembly, attorney-general and chief justice. In 1861, Burt was appointed as the colony of Western Australia's inaugural chief justice. He held the position until his death in 1879 and was the patriarch of one of the so-called "six hungry families" of the colony.
Archibald Paull Burt was born in 1810, in Saint Christopher (present day Saint Kitts and Nevis) in the West Indies. He was the son of George Henry Burt, sugar planter and Speaker of the House Assembly of Saint Christopher. He was educated in England where he qualified as a lawyer at the Middle Temple. He returned to his native island in 1835 where he practised as a barrister. Following in his father's footsteps he held the position of Speaker of the House of Assembly of the Islands and in 1848 he was made Attorney General of Saint Christopher and Anguilla and Queen's Counsel.
In 1835 and 1836 Burt was awarded compensation by the British government for relinquishing slaves in Saint Christopher.[1] The claim on 5 October 1835 for 3 enslaved, yielded £67 0s 3d to Burt himself.[2] Two claims were awarded on 15 February 1836, to Burt and Francis Spencer Wigley (who became President of Saint Christopher in 1880 and of Saint Christopher-Nevis-Anguilla in 1888), for 3 and 4 slaves, netting a total of £119 7s 9d for seven enslaved people.[3][4]
Western AustraliaEdit
Archibald Burt
In 1857, he briefly occupied the position of Chief Justice on his native island but the appointment was not confirmed by the Colonial Office as policy did not favour the appointment of locally born barristers to the judiciary. Sir Archibald began to look elsewhere for judicial office, eventually accepting the post of Civil Commissioner and Chairman of Quarter Sessions in Western Australia. He had hoped that this would be a stepping stone to returning to his native island at a later date.
He arrived in Western Australia with his wife, Louisa Bryan, and five children on 29 January 1861.[5] In June of that year, the Supreme Court ordinance was proclaimed, thus establishing the Supreme Court of Western Australia. Sir Archibald was appointed Chief Justice and Advocate General.
The initial years of the Supreme Court were characterised mainly by the lack of work. Western Australia was a small colony with few legal issues. Civil work consisted mainly of insolvency and probate, and criminal offences were rare. The size of the profession was so small that only four barristers actively practised in Perth in the early 1860s.
In the early years of the court, Sir Archibald was conspicuous for his support of maintaining the division between barristers and solicitors, and also for his domination of the legal fraternity. He often gave advice to the Governor and Executive Council that was at odds with that of the Attorney General, George Frederick Stone.
As Chief Justice, Sir Archibald gained a reputation for applying the letter of the law. However, considering the conditions of a frontier colony like Western Australia this was necessary and gained Burt widespread respect. He was no stranger to controversy in his time as Chief Justice. In 1869 he jailed three newspaper owners for criticism of his handling of the revocation of an ex-convict's ticket of leave. Despite widespread criticism of this action, Sir Archibald remained implacable in his defence of his duty to protect the integrity of the Court.
As his tenure continued, Sir Archibald gave up any hope of returning to the West Indies, and despite failing health during his last years, remained Chief Justice until his death in November, 1879. He had been a towering figure in Western Australian society and left an indelible mark on the legal profession. Sir Archibald had not courted popularity but he had earned, for himself and the new Supreme Court, widespread respect.
The Burt family would continue to be part of Western Australia's legal profession for years to come. Sir Archibald's son, Septimus, would serve as Attorney General and sometime Acting Premier in the early years of responsible government in Western Australia and a century later his great-grandson, Sir Francis Burt would serve as Chief Justice, Lieutenant Governor and Governor.
The family also continued its influence and presence in Perth society in inter-marriage with other members of the six hungry families. His daughter Louisa Emily Burt was married to George Leake, another barrister who became Premier of Western Australia.
ReferencesEdit
^Fernandes, C. Island Off the Coast of Asia: Instruments of statecraft in Australian foreign policy (Melbourne: Monash University Publishing, 2018), 15.
^"St Kitts 42". Legacies of British Slave-ownership. University College London. Retrieved 26 November 2018.
^"St Kitts 677". Legacies of British Slave-ownership. University College London. Retrieved 26 November 2018.
^"St Kitts 182". Legacies of British Slave-ownership. University College London. Retrieved 26 November 2018.
^Burt, Sir Archibald Paull (1810–1879). Retrieved 23 July 2011. {{cite book}}: |work= ignored (help)
Further readingEdit
(1989) Archibald Burt - detailed biography Brief (Law Society of Western Australia), June 1989, p. 24-27
Geoffrey Bolton & Geraldine Byrne, May it Please Your Honour: A History of the Supreme Court of Western Australia from 1861-2005, Supreme Court of Western Australia, Perth, 2005
Bennett, John Michael (2002). Sir Archibald Burt : first Chief Justice of Western Australia 1861-1879. Federation Press. ISBN978-1-86287-438-1.
McClemans, Sheila Mary (1966) Archibald Paull Burt, first Chief Justice of Western Australia. Journal and proceedings (Western Australian Historical Society), Vol. VI Pt. V (1966), p. 65-83,
Family papersEdit
Burt, Archibald Paull, Sir, Papers, 1861-1895 [microform]Battye Library, MN 736, Papers of Sir Archibald Paull Burt, ACC 2829A, 2850A, 2855A Library catalogues description: Business and official letter books (1861-1895), the copy letters written after 4 November 1879 being written by his son and executor Septimus Burt; indexes to Supreme Court Civil Sittings and Court for Divorce and Matrimonial Causes Books 1-11 (incomplete); notebooks of Supreme Court Civil Sittings (1861-1867), of Supreme Court Civil Sittings and Court for Divorce and Matrimonial Causes (1867-1879) and of Supreme Court Criminal Sittings (1861-1879)
archibald, burt, archibald, paull, burt, september, 1810, november, 1879, british, lawyer, politician, judge, grew, island, saint, christopher, west, indies, where, both, father, owned, slaves, studied, england, returned, saint, christopher, where, served, spe. Sir Archibald Paull Burt QC 1 September 1810 21 November 1879 was a British lawyer politician and judge He grew up on the island of Saint Christopher in the West Indies where both he and his father owned slaves He studied law in England and returned to Saint Christopher where he served as speaker of the house of assembly attorney general and chief justice In 1861 Burt was appointed as the colony of Western Australia s inaugural chief justice He held the position until his death in 1879 and was the patriarch of one of the so called six hungry families of the colony Sir Archibald BurtQCChief Justice of Western AustraliaIn office 1861 1879Preceded byNew positionSucceeded byHenry WrenfordsleyPersonal detailsBornArchibald Paull Burt 1810 09 01 1 September 1810Saint KittsDied21 November 1879 1879 11 21 aged 69 East Perth Western Australia AustraliaSpouseLouisa Bryan m 1836 wbr RelationsSeptimus Burt son George Leake son in law Francis Burt great grandson ProfessionBarristerJudge Contents 1 Early life 2 Western Australia 3 Personal life 4 References 5 Further reading 6 Family papersEarly life EditArchibald Paull Burt was born in 1810 in Saint Christopher present day Saint Kitts and Nevis in the West Indies He was the son of George Henry Burt sugar planter and Speaker of the House Assembly of Saint Christopher He was educated in England where he qualified as a lawyer at the Middle Temple He returned to his native island in 1835 where he practised as a barrister Following in his father s footsteps he held the position of Speaker of the House of Assembly of the Islands and in 1848 he was made Attorney General of Saint Christopher and Anguilla and Queen s Counsel In 1835 and 1836 Burt was awarded compensation by the British government for relinquishing slaves in Saint Christopher 1 The claim on 5 October 1835 for 3 enslaved yielded 67 0s 3d to Burt himself 2 Two claims were awarded on 15 February 1836 to Burt and Francis Spencer Wigley who became President of Saint Christopher in 1880 and of Saint Christopher Nevis Anguilla in 1888 for 3 and 4 slaves netting a total of 119 7s 9d for seven enslaved people 3 4 Western Australia EditThis section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed Find sources Archibald Burt news newspapers books scholar JSTOR January 2023 Learn how and when to remove this template message Archibald BurtIn 1857 he briefly occupied the position of Chief Justice on his native island but the appointment was not confirmed by the Colonial Office as policy did not favour the appointment of locally born barristers to the judiciary Sir Archibald began to look elsewhere for judicial office eventually accepting the post of Civil Commissioner and Chairman of Quarter Sessions in Western Australia He had hoped that this would be a stepping stone to returning to his native island at a later date He arrived in Western Australia with his wife Louisa Bryan and five children on 29 January 1861 5 In June of that year the Supreme Court ordinance was proclaimed thus establishing the Supreme Court of Western Australia Sir Archibald was appointed Chief Justice and Advocate General The initial years of the Supreme Court were characterised mainly by the lack of work Western Australia was a small colony with few legal issues Civil work consisted mainly of insolvency and probate and criminal offences were rare The size of the profession was so small that only four barristers actively practised in Perth in the early 1860s In the early years of the court Sir Archibald was conspicuous for his support of maintaining the division between barristers and solicitors and also for his domination of the legal fraternity He often gave advice to the Governor and Executive Council that was at odds with that of the Attorney General George Frederick Stone As Chief Justice Sir Archibald gained a reputation for applying the letter of the law However considering the conditions of a frontier colony like Western Australia this was necessary and gained Burt widespread respect He was no stranger to controversy in his time as Chief Justice In 1869 he jailed three newspaper owners for criticism of his handling of the revocation of an ex convict s ticket of leave Despite widespread criticism of this action Sir Archibald remained implacable in his defence of his duty to protect the integrity of the Court As his tenure continued Sir Archibald gave up any hope of returning to the West Indies and despite failing health during his last years remained Chief Justice until his death in November 1879 He had been a towering figure in Western Australian society and left an indelible mark on the legal profession Sir Archibald had not courted popularity but he had earned for himself and the new Supreme Court widespread respect Personal life EditThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Archibald Burt news newspapers books scholar JSTOR January 2023 Learn how and when to remove this template message The Burt family would continue to be part of Western Australia s legal profession for years to come Sir Archibald s son Septimus would serve as Attorney General and sometime Acting Premier in the early years of responsible government in Western Australia and a century later his great grandson Sir Francis Burt would serve as Chief Justice Lieutenant Governor and Governor The family also continued its influence and presence in Perth society in inter marriage with other members of the six hungry families His daughter Louisa Emily Burt was married to George Leake another barrister who became Premier of Western Australia References Edit Fernandes C Island Off the Coast of Asia Instruments of statecraft in Australian foreign policy Melbourne Monash University Publishing 2018 15 St Kitts 42 Legacies of British Slave ownership University College London Retrieved 26 November 2018 St Kitts 677 Legacies of British Slave ownership University College London Retrieved 26 November 2018 St Kitts 182 Legacies of British Slave ownership University College London Retrieved 26 November 2018 Burt Sir Archibald Paull 1810 1879 Retrieved 23 July 2011 a href Template Cite book html title Template Cite book cite book a work ignored help Further reading Edit 1989 Archibald Burt detailed biography Brief Law Society of Western Australia June 1989 p 24 27 Geoffrey Bolton amp Geraldine Byrne May it Please Your Honour A History of the Supreme Court of Western Australia from 1861 2005 Supreme Court of Western Australia Perth 2005 Bennett John Michael 2002 Sir Archibald Burt first Chief Justice of Western Australia 1861 1879 Federation Press ISBN 978 1 86287 438 1 McClemans Sheila Mary 1966 Archibald Paull Burt first Chief Justice of Western Australia Journal and proceedings Western Australian Historical Society Vol VI Pt V 1966 p 65 83 Family papers EditBurt Archibald Paull Sir Papers 1861 1895 microform Battye Library MN 736 Papers of Sir Archibald Paull Burt ACC 2829A 2850A 2855A Library catalogues description Business and official letter books 1861 1895 the copy letters written after 4 November 1879 being written by his son and executor Septimus Burt indexes to Supreme Court Civil Sittings and Court for Divorce and Matrimonial Causes Books 1 11 incomplete notebooks of Supreme Court Civil Sittings 1861 1867 of Supreme Court Civil Sittings and Court for Divorce and Matrimonial Causes 1867 1879 and of Supreme Court Criminal Sittings 1861 1879 Legal officesPreceded by none Chief Justice of Western Australia1861 1879 Succeeded bySir Henry Wrenfordsley Retrieved from https en wikipedia org w index php title Archibald Burt amp oldid 1152953405, wikipedia, wiki, book, books, library,
