Archibald Burt
Encyclopedia
Sir Archibald Paull Burt Kt
QC
(1810 – 21 November 1879) was a British
lawyer
from the colonies of the West Indies, and was the first Chief Justice
of the Supreme Court of Western Australia
, which is the highest ranking court
in the Australia
n State
of Western Australia
.
. He returned to his native island in 1835 where he practised as a barrister
. Following in his fathers footsteps he held the position of Speaker of the House of Assembly of the Islands and in 1848 he was made Attorney General
of St Christopher and Anguilla and Queen's Counsel
.
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.
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 solicitor
s, 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
.
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(1810 – 21 November 1879) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
from the colonies of the West Indies, and was the first Chief Justice
Chief Justice of Western Australia
The Chief Justice of Western Australia is the senior judge of the Supreme Court of Western Australia and the highest ranking judicial officer in the Australian state of Western Australia. The Chief Justice is both the judicial head of the Supreme Court as well as the administrative head...
of the Supreme Court of Western Australia
Supreme Court of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western...
, which is the highest ranking court
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
in the Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n State
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
of Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
.
Biography
Archibald Paull Burt was born in 1810, in St Christopher (present day St Kitts and Nevis) in the West Indies. He was the son of the Hon.George Henry Burt, sugar planter and Speaker of the House Assembly of St.Christopher. He was educated in England where he qualified as a lawyer at the Middle TempleMiddle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
. He returned to his native island in 1835 where he practised as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
. Following in his fathers footsteps he held the position of Speaker of the House of Assembly of the Islands and in 1848 he was made Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of St Christopher and Anguilla and Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
.
In 1857 he briefly occupied the position of Chief Justice on his native island but the appointment was not confirmed by the Colonial Office
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
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.
In June of that year, the Supreme Court ordinance was proclaimed, thus establishing the Supreme Court of Western Australia
Supreme Court of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western...
. 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
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
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 solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s, and also for his domination of the legal fraternity. He often gave advice to the Governor
Governor of Western Australia
The Governor of Western Australia is the representative in Western Australia of Australia's Monarch, Queen Elizabeth II. The Governor performs important constitutional, ceremonial and community functions, including:* presiding over the Executive Council;...
and Executive Council that was at odds with that of the Attorney General, George Frederick Stone
George Frederick Stone
George Frederick Stone was a Western Australian lawyer and Attorney General of Western Australia from 1854–57 and again from 1860–70.-References:...
.
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
Septimus Burt
The Hon Septimus Burt KC was a Western Australian lawyer, politician and grazier, the son of Sir Archibald Burt.He was born on 25 October 1847 at St Kitts in the West Indies, and educated at a private school at Melksham, Wiltshire, England...
, 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
Francis Burt
Sir Francis Theodore Page Burt, AC, KCMG, QC , commonly known as "Red", Australian jurist, served as Chief Justice of Western Australia from 1977 until 1988 and as Governor of Western Australia from 1990 to 1993. He was also Lieutenant Governor of the State from 1977 to 1990...
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
Six hungry families
Six hungry families was a phrase used in the 1880s and 1890s to describe six of the most prominent and powerful families in colonial Western Australia, with extensive influence in judicial, political, mercantile and social circles...
.
Further reading
- (1989) Archibald Burt - detailed biography Brief (Law Society of Western Australia), June 1989, p.24-27
- 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
- Burt, Archibald Paull, Sir, Papers, 1861-1895 [microform] Battye Library, MN 736, Papers of Sir Archibald Paull Burt, ACC 2829A, 2850A, 2855A Library catalogues descriptin: 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)
See also
- Judiciary of AustraliaJudiciary of AustraliaThe judiciary in Australia is modelled substantially on the system of courts which existed in England.The large number of courts and tribunals in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost...