Matthew Baillie Begbie
Encyclopedia
Mauritius
Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
, thereafter raised and educated in the United Kingdom. In 1858, Begbie became the first Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Crown Colony of British Columbia in colonial times and in the first decades after confederation of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
Begbie served as the first Judge of the Supreme Court, Colony of British Columbia
Colony of British Columbia
The Colony of British Columbia was a crown colony in British North America from 1858 until 1866. At its creation, it physically constituted approximately half the present day Canadian province of British Columbia, since it did not include the Colony of Vancouver Island, the vast and still largely...
1858 to 1866 and then, in the same capacity in the Supreme Court, the United Colonies of Vancouver Island and British Columbia
United Colonies of Vancouver Island and British Columbia
The Colony of British Columbia is a crown colony that resulted from the amalgamation of the two former colonies, the Colony of Vancouver Island and the mainland Colony of British Columbia...
from 1866 to 1870. He was Chief Justice of the Supreme Court of the United Colonies from 1870 to 1871 and, following British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
joining confederation
Canadian Confederation
Canadian Confederation was the process by which the federal Dominion of Canada was formed on July 1, 1867. On that day, three British colonies were formed into four Canadian provinces...
in 1871, he served as the first Chief Justice of the Supreme Court
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
of the new Province of British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
until his death on June 11, 1894.
In the years after his death, Begbie came to be known as the Hanging Judge
Hanging Judge
"Hanging judge" is an unofficial term for a judge who has gained renown for punishment by sentencing convicted criminals to death by hanging.More broadly, the term is applied to judges who have gained a reputation for imposing unusually harsh sentences, even in jurisdictions where the death penalty...
. However, it appears that he does not deserve this reputation. The death penalty was mandatory in murder cases in those days unless the government approved a judge's recommendation for clemency. Indeed, Begbie successfully argued for clemency in several cases.
Early life and education
The son of an Army Colonel, Begbie was born on a British ship en route to the island of MauritiusMauritius
Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
, where he lived until he was seven, returning with his parents to Great Britain where he pursued his education. From the age of eleven to seventeen he was educated at Elizabeth College, Guernsey
Elizabeth College, Guernsey
Elizabeth College is an independent school in the town of St Peter Port, Guernsey, founded in 1563 under the orders of Queen Elizabeth I.- History :...
where he held the school number 328. His brother Thomas Stirling Begbie (329) attended the school at the same time. Begbie received his first degree from Peterhouse at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, where he studied mathematics and the classics. He was involved in a great number of extracurricular activities, including singing and acting in amateur productions, dining societies, playing chess, rowing, and tennis. After Cambridge, Begbie went on to study law at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. He established a successful law practice in London before heading to British Columbia for a new position in government.
Career
Begbie reached Fort VictoriaFort Victoria (British Columbia)
Fort Victoria was a fur trading post of the Hudson’s Bay Company, the headquarters of HBC operations in British Columbia. The fort was the beginnings of a settlement that eventually grew into the modern Victoria, British Columbia, the capital city of British Columbia.The headquarters of HBC...
on November 16, 1858. He was sworn into office in Fort Langley
Fort Langley National Historic Site
Fort Langley is a former trading post of the Hudson's Bay Company, now located in the village of Fort Langley, British Columbia. Commonly referred to as "the birthplace of British Columbia", it is designated a National Historic Site of Canada and administered by Parks Canada.-A new fort:After John...
on November 19, as the new Colony of British Columbia
Colony of British Columbia
The Colony of British Columbia was a crown colony in British North America from 1858 until 1866. At its creation, it physically constituted approximately half the present day Canadian province of British Columbia, since it did not include the Colony of Vancouver Island, the vast and still largely...
was proclaimed. Given the influx of prospectors and others during Fraser Canyon Gold Rush
Fraser Canyon Gold Rush
The Fraser Canyon Gold Rush, began in 1858 after gold was discovered on the Thompson River in British Columbia at its confluence with the Nicoamen River. This was a few miles upstream from the Thompson's confluence with the Fraser River at present-day Lytton...
and the following Cariboo Gold Rush
Cariboo Gold Rush
The Cariboo Gold Rush was a gold rush in the Canadian province of British Columbia. Although the first gold discovery was made in 1859 at Horsefly Creek, followed by more strikes at Keithley Creek and Antler Horns lake in 1860, the actual rush did not begin until 1861, when these discoveries were...
of 1861, Begbie played a crucial role in the establishment of law and order throughout the new colony.
Begbie was made a Knight Bachelor according to the London Gazette of 19 November 1875
During his years on the bench, Begbie traveled throughout British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, on foot and later on horseback administering justice in sometimes informal circumstances but he is said to have always worn his judicial robes and wig when court was in session.
During his early years, he played a role in government including drafting legislation such as the Aliens Act (1859), the Gold Fields Act (1859), and the Pre-emption Act (1860).
In 1860, Begbie found a white Californian man by the name of William Marshall guilty of assaulting a First Nations man based only on the testimony of First Nations people, the first time this had ever occurred. He spoke several languages and is said to have been able to conduct trials in several aboriginal languages without the use of an interpreter. He also allowed people of other cultures to swear an oath of truth on an object sacred to them in place of the Bible.
He was also an active naturalist. He was known to record observations during his travel, including drawing maps and bridge construction drawings. He sang opera. In 1875, he was made a Knight Bachelor
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...
. Begbie was implicated in land dealings at Cottonwood
Cottonwood, British Columbia
Cottonwood, including the Cottonwood Ranch and Cottonwood House, is an unincorporated settlement in the North Cariboo region of the Central Interior of British Columbia, Canada...
, between Quesnel
Quesnel, British Columbia
-Demographics:Quesnel had a population of 9,326 people in 2006, which was a decrease of 7.1% from the 2001 census count. The median household income in 2005 for Quesnel was $54,044, which is slightly above the British Columbia provincial average of $52,709....
and Barkerville, but denied any wrong-doing in what became known as the Cottonwood Scandal.
Begbie continued his judicial duties well into his last illness, dying in Victoria, British Columbia on June 11, 1894. The funeral procession marking his death is said to have been unprecedented and intended to mark the passing of a man regarded as British Columbia's first citizen. Begbie was interred at Ross Bay Cemetery
Ross Bay Cemetery
Ross Bay Cemetery is located at 1516 Fairfield Road in Victoria, British Columbia, on Vancouver Island, Canada.-History:The cemetery was opened in 1873. The 27.5 acre cemetery is part of a public park and its south side faces Ross Bay on the Pacific Ocean...
in Victoria, British Columbia
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
.
Legacy
Sir Matthew Begbie Elementary School
Sir Matthew Begbie Elementary is a public elementary school in Vancouver, British Columbia, part of School District 39 Vancouver.-Mission Statement:...
, was also named in his honour.
Mount Begbie, the most prominent mountain seen from Revelstoke
Revelstoke, British Columbia
Revelstoke is a city in southeastern British Columbia, Canada. It is located east of Vancouver, and west of Calgary, Alberta. The city is situated on the banks of the Columbia River just south of the Revelstoke Dam and near its confluence with the Illecillewaet River...
, was named in his honour. There are two other Mount Begbies in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
; they are little more than hills although the one in the marshlands south of 100 Mile House has also given its name to the Begbie Summit, the highest point on the Cariboo Highway. There are also two lakes and a creek also named for Judge Begbie.
(The family name Begbie originates in Scotland, where it is most common in the Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
and East Lothian
East Lothian
East Lothian is one of the 32 council areas of Scotland, and a lieutenancy Area. It borders the City of Edinburgh, Scottish Borders and Midlothian. Its administrative centre is Haddington, although its largest town is Musselburgh....
areas. Begbie is derived from the Old Norse
Old Norse
Old Norse is a North Germanic language that was spoken by inhabitants of Scandinavia and inhabitants of their overseas settlements during the Viking Age, until about 1300....
personal name Baggi + Old Norse býr 'settlement'. The small hamlet
Hamlet (place)
A hamlet is usually a rural settlement which is too small to be considered a village, though sometimes the word is used for a different sort of community. Historically, when a hamlet became large enough to justify building a church, it was then classified as a village...
of Begbie, [55° 55'42.00"N 2°48'55.00"W], can be found adjacent to the larger hamlet of Samuelston, near to the town of Haddington, East Lothian
Haddington, East Lothian
The Royal Burgh of Haddington is a town in East Lothian, Scotland. It is the main administrative, cultural and geographical centre for East Lothian, which was known officially as Haddingtonshire before 1921. It lies about east of Edinburgh. The name Haddington is Anglo-Saxon, dating from the 6th...
).
External links
- Trails to the Gold Fields. 1861
- Dictionary of Canadian Biography Online, Library and Archives Canada.
- People of the Cariboo Gold Rush, BC Archives
- Judge Matthew Baillie Begbie, First Among Men
- Matthew Baillie Begbie, Video, Provincial Capital Commission
- Sir Matthew Baillie Begbie by Roy St. George Stubbs at the Manitoba Historical Society