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
Saint Christopher ( el, Ἅγιος Χριστόφορος, ''Ágios Christóphoros'') is veneration, venerated by several Christianity, Christian denominations as a martyr killed in the reign of the 3rd-century Roman Empire, Roman emperor Deciu ...
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
''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. It was f ...
" of the colony.
Early life
Archibald Paull Burt was born in 1810, in Saint Christopher (present day
Saint Kitts and Nevis
Saint Kitts and Nevis (), officially the Federation of Saint Christopher and Nevis, is an island country and microstate consisting of the two islands of Saint Kitts and Nevis, both located in the West Indies, in the Leeward Islands chain of ...
) 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
The Honourable Society of the Middle Temple, commonly known simply 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 an ...
. He returned to his native island in 1835 where he practised as a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
. 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
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
of Saint Christopher and Anguilla and
Queen's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
.
In 1835 and 1836 Burt was awarded compensation by the British government for relinquishing slaves in Saint Christopher. The claim on 5 October 1835 for 3 enslaved, yielded £67 0s 3d to Burt himself. Two claims were awarded on 15 February 1836 to Burt and
Francis Spencer Wigley
Francis may refer to:
People
*Pope Francis, the head of the Catholic Church and sovereign of the Vatican City State and Bishop of Rome
* Francis (given name), including a list of people and fictional characters
*Francis (surname)
Places
* Rural ...
(who became
President of Saint Christopher in 1880 and of
Saint Christopher-Nevis-Anguilla
Saint Christopher-Nevis-Anguilla (or Saint Christopher, Nevis, and Anguilla) was a British colony in the West Indies from 1882 to 1983, consisting of the islands of Anguilla (until 1980), Nevis, and Saint Christopher (or Saint Kitts). From 1882 ...
in 1888) for 3 and 4 slaves, netting a total of £119 7s 9d for seven enslaved people.
Western Australia
![Archibald Burt](https://upload.wikimedia.org/wikipedia/commons/1/12/Archibald_Burt.jpg)
In 1857 he briefly occupied the position of Chief Justice on his native island but the appointment was not confirmed by the
Colonial Office
The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created to deal with the colonial affairs of British North America but required also to oversee the increasing number of col ...
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
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is ...
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
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and Executive Council that was at odds with that of the Attorney General,
George Frederick Stone
George Frederick Stone (1812 – 18 August 1875) was a Western Australian lawyer and Attorney General of Western Australia from 1854 to 1857 and again from 1860 to 1870.E. M. Russell, ‘Early Lawyers of Western Australia’, Journal and Proceedi ...
.
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
A ticket of leave was a document of parole issued to convicts who had shown they could now be trusted with some freedoms. Originally the ticket was issued in Britain and later adapted by the United States, Canada, and Ireland.
Jurisdictions ...
. 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
The West Indies is a subregion of North America, surrounded by the North Atlantic Ocean and the Caribbean Sea that includes 13 independent island countries and 18 dependencies and other territories in three major archipelagos: the Greater A ...
, 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
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
''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. It was f ...
. His daughter Louisa Emily Burt was married to
George Leake
George Leake (3 December 1856 – 24 June 1902) was the third Premier of Western Australia, serving from May to November 1901 and then again from December 1901 to his death.
Leake was born in Perth, into a prominent local family. Studying l ...
, another barrister who became
Premier of Western Australia
The premier of Western Australia is the head of government of the state of Western Australia. The role of premier at a state level is similar to the role of the prime minister of Australia at a federal level. The premier leads the executive bra ...
.
References
Further reading
* (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
*
* 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
icroform'
Battye Library
The J S Battye Library (more properly known as the J. S. Battye Library of West Australian History) is an arm of the State Library of Western Australia. It stores much of the state's historical records and original publications including books, ...
, 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)
{{DEFAULTSORT:Burt, Archibald
1810 births
1879 deaths
Burials at East Perth Cemeteries
Chief Justices of Western Australia
Australian King's Counsel
Colony of Western Australia judges
Judges of the Supreme Court of Western Australia
19th-century Australian judges
British slave owners
Attorneys General of Saint Kitts and Nevis
People from Saint Kitts
Saint Kitts and Nevis judges
19th-century Saint Kitts and Nevis lawyers