Edward Abbott (jurist)
Encyclopedia
Edward Abbott was a soldier, politician, judge-advocate and public servant who served at Parramatta
, the Hawkesbury River
and Norfolk Island
in the colony of New South Wales
, now part of present-day Australia
. He also served at the settlements of Launceston
and Hobart
in Van Diemen's Land
(now the Australian State of Tasmania
), which was part of New South Wales until 1825, when VDL became a self-governing colony.
, Canada
. He was commissioned as a lieutenant in 1785 and joined the New South Wales Corps
in October 1789 (commonly known in Australia as the "Rum Corps"). He arrived in Sydney
in June 1790, and served as an officer on Norfolk Island until 1794.
In that year, he returned to Sydney (then called Port Jackson
) and took command of the detachment of soldiers at the settlement at Hawkesbury River. He was promoted to captain in 1795 but had to return to England in 1796 due to illness. He returned to Sydney in 1799 and served in both Sydney and Norfolk Island again. In 1803 he took command of the detachment at the settlement at Parramatta, and the governor appointed him a magistrate. During his command in 1804, he helped quell an "Irish" insurrection, for which Governor Philip King
gave him a grant of land.
In 1808, Abbott was transferred to Sydney by Major George Johnston
to assist in the opposition to Governor William Bligh
. He apparently took no active part in the coup (the "Rum Rebellion
") which removed Bligh, but approved of the governor's arrest. Johnston offered the position of deputy judge advocate to Abbott. This position was the senior judicial position in the colony which was held at the time by a non-lawyer, Richard Atkins. Biographer W A Townsley states that Abbott declined the appointment. Historian John Bennett notes that Abbott did take up the offer of the appointment before Charles Grimes
took over that office.
Abbott was promoted to Major in May 1808. He returned to England in 1810 where he resigned from the army.
in 1815. This new court was the first superior civil court to sit permanently in the settlement and it was an important step in bringing normality to the commercial life of the colony.
Abbott sailed for Hobart Town
in the Emu in February 1815 but was unable to commence his duties as his commission had not arrived. However, he was commissioned as a magistrate, and sat in the Court of Petty Sessions dealing with less serious criminal charges. To complicate matters further, Lieutenant-Governor Thomas Davey
proclaimed martial law in April of that year. Abbott opposed the imposition of martial law and declined to open the new court as the institution of martial law was incompatible with holding a court under civil law. Nevertheless, Abbott sat on several courts-martial arising out of the declaration of martial law.
Abbott travelled to Sydney to obtain documents on the practice of his new court. His court was a sister court to the Governors Court
in New South Wales and could be expected to have the same practices and procedures. When he returned in November, martial law had ended and the new court was formally opened.
Governor Lachlan Macquarie
considered Abbott's appointment unwise. However, Abbott was considered a very successful deputy judge advocate. He simplified procedures in the new court and administered justice rather than legal principles and applied common sense. Abbott was novel in his approach to the law and, unlike other English courts at the time, did not take a portion of the fees charged for going to court.
The office of deputy judge advocate and the Lieutenant Governor's Court were abolished on the establishment of the new Supreme Court of Van Diemen's Land. Abbott was offered the appointment as a commissioner of the Court of Requests
. He declined the appointment and instead returned to England and accepted a pension.
, displacing Lieutenant-Colonel William Balfour. Abbott was also appointed to the Legislative Council of Van Diemen's Land. Lieutenant-Governor George Arthur
protested Abbott's appointment to the Colonial Office in London. In response, Abbott lost his appointment as commandant and as a Legislative Councillor, and he was appointed instead as a commissioner in the Court of Requests, an appointment he had previously declined.
in Van Diemen's Land and also the Legislative Council.
Parramatta, New South Wales
Parramatta is a suburb of Sydney, in the state of New South Wales, Australia. It is located in Greater Western Sydney west of the Sydney central business district on the banks of the Parramatta River. Parramatta is the administrative seat of the Local Government Area of the City of Parramatta...
, the Hawkesbury River
Hawkesbury River
The Hawkesbury River, also known as Deerubbun, is one of the major rivers of the coastal region of New South Wales, Australia. The Hawkesbury River and its tributaries virtually encircle the metropolitan region of Sydney.-Geography:-Course:...
and Norfolk Island
Norfolk Island
Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...
in the colony of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, now part of present-day 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...
. He also served at the settlements of Launceston
Launceston, Tasmania
Launceston is a city in the north of the state of Tasmania, Australia at the junction of the North Esk and South Esk rivers where they become the Tamar River. Launceston is the second largest city in Tasmania after the state capital Hobart...
and Hobart
Hobart
Hobart is the state capital and most populous city of the Australian island state of Tasmania. Founded in 1804 as a penal colony,Hobart is Australia's second oldest capital city after Sydney. In 2009, the city had a greater area population of approximately 212,019. A resident of Hobart is known as...
in Van Diemen's Land
Van Diemen's Land
Van Diemen's Land was the original name used by most Europeans for the island of Tasmania, now part of Australia. The Dutch explorer Abel Tasman was the first European to land on the shores of Tasmania...
(now the Australian State of Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
), which was part of New South Wales until 1825, when VDL became a self-governing colony.
Military years
Abbott was born in 1766 in MontrealMontreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
, 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...
. He was commissioned as a lieutenant in 1785 and joined the New South Wales Corps
New South Wales Corps
The New South Wales Corps was formed in England in 1789 as a permanent regiment to relieve the marines who had accompanied the First Fleet to Australia. The regiment, led by Major Francis Grose, consisted of three companies...
in October 1789 (commonly known in Australia as the "Rum Corps"). He arrived in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
in June 1790, and served as an officer on Norfolk Island until 1794.
In that year, he returned to Sydney (then called Port Jackson
Port Jackson
Port Jackson, containing Sydney Harbour, is the natural harbour of Sydney, Australia. It is known for its beauty, and in particular, as the location of the Sydney Opera House and Sydney Harbour Bridge...
) and took command of the detachment of soldiers at the settlement at Hawkesbury River. He was promoted to captain in 1795 but had to return to England in 1796 due to illness. He returned to Sydney in 1799 and served in both Sydney and Norfolk Island again. In 1803 he took command of the detachment at the settlement at Parramatta, and the governor appointed him a magistrate. During his command in 1804, he helped quell an "Irish" insurrection, for which Governor Philip King
Philip Gidley King
Captain Philip Gidley King RN was a British naval officer and colonial administrator. He is best known as the official founder of the first European settlement on Norfolk Island and as the third Governor of New South Wales.-Early years and establishment of Norfolk Island settlement:King was born...
gave him a grant of land.
In 1808, Abbott was transferred to Sydney by Major George Johnston
George Johnston
George Norman Johnston was a politician elected to the Legislative Assembly of Alberta for the first time in 1921, He served as Speaker of the Alberta Legislature from 1921 to 1936. He was defeated in 1935 when Social Credit swept to power...
to assist in the opposition to Governor William Bligh
William Bligh
Vice Admiral William Bligh FRS RN was an officer of the British Royal Navy and a colonial administrator. A notorious mutiny occurred during his command of HMAV Bounty in 1789; Bligh and his loyal men made a remarkable voyage to Timor, after being set adrift in the Bounty's launch by the mutineers...
. He apparently took no active part in the coup (the "Rum Rebellion
Rum Rebellion
The Rum Rebellion of 1808 was the only successful armed takeover of government in Australia's history. The Governor of New South Wales, William Bligh, was deposed by the New South Wales Corps under the command of Major George Johnston, working closely with John Macarthur, on 26 January 1808, 20...
") which removed Bligh, but approved of the governor's arrest. Johnston offered the position of deputy judge advocate to Abbott. This position was the senior judicial position in the colony which was held at the time by a non-lawyer, Richard Atkins. Biographer W A Townsley states that Abbott declined the appointment. Historian John Bennett notes that Abbott did take up the offer of the appointment before Charles Grimes
Charles Grimes
Charles Grimes was an English-born surveyor who did some valuable work in colonial Australia. He served as surveyor-general of New South Wales and discovered the Yarra River in what is now the state of Victoria. He is perhaps best known for being the surveyor who mapped the route of the Hobart...
took over that office.
Abbott was promoted to Major in May 1808. He returned to England in 1810 where he resigned from the army.
Judicial career
In February 1814 Abbott was commissioned as the second deputy judge advocate of Van Diemen's Land. He was however to be first to be able to constitute the newly established Lieutenant Governor's CourtLieutenant Governor's Court
The Lieutenant Governor’s Court was a court established in the early 19th century in the colony of Van Diemen's Land which subsequently became Tasmania, a state of Australia. The court had jurisdiction to deal with civil disputes where the amount in dispute was not more than £50 sterling in the...
in 1815. This new court was the first superior civil court to sit permanently in the settlement and it was an important step in bringing normality to the commercial life of the colony.
Abbott sailed for Hobart Town
Hobart
Hobart is the state capital and most populous city of the Australian island state of Tasmania. Founded in 1804 as a penal colony,Hobart is Australia's second oldest capital city after Sydney. In 2009, the city had a greater area population of approximately 212,019. A resident of Hobart is known as...
in the Emu in February 1815 but was unable to commence his duties as his commission had not arrived. However, he was commissioned as a magistrate, and sat in the Court of Petty Sessions dealing with less serious criminal charges. To complicate matters further, Lieutenant-Governor Thomas Davey
Thomas Davey
Thomas Davey was the second Lieutenant Governor of Van Diemens Land.-Early life:Few details are known of his early life, but Thomas Davey was serving in the army or navy in 1777, and went to Australia as a lieutenant-colonel of the Royal Marines with the First Fleet 10 years later...
proclaimed martial law in April of that year. Abbott opposed the imposition of martial law and declined to open the new court as the institution of martial law was incompatible with holding a court under civil law. Nevertheless, Abbott sat on several courts-martial arising out of the declaration of martial law.
Abbott travelled to Sydney to obtain documents on the practice of his new court. His court was a sister court to the Governors Court
Governors Court
The Governors Court was a court established in the early 19th century in the colony of New South Wales. The colony was subsequently to become a state of Australia in 1901. The court had jurisdiction to deal with civil disputes where the amount in dispute in the colony was not more than £50 sterling...
in New South Wales and could be expected to have the same practices and procedures. When he returned in November, martial law had ended and the new court was formally opened.
Governor Lachlan Macquarie
Lachlan Macquarie
Major-General Lachlan Macquarie CB , was a British military officer and colonial administrator. He served as the last autocratic Governor of New South Wales, Australia from 1810 to 1821 and had a leading role in the social, economic and architectural development of the colony...
considered Abbott's appointment unwise. However, Abbott was considered a very successful deputy judge advocate. He simplified procedures in the new court and administered justice rather than legal principles and applied common sense. Abbott was novel in his approach to the law and, unlike other English courts at the time, did not take a portion of the fees charged for going to court.
The office of deputy judge advocate and the Lieutenant Governor's Court were abolished on the establishment of the new Supreme Court of Van Diemen's Land. Abbott was offered the appointment as a commissioner of the Court of Requests
Court of Requests
The Court of Requests was a minor equity court in England and Wales. Created at an unknown date, it first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor and the servants of the King. It quickly became popular due to the low cost of bringing a...
. He declined the appointment and instead returned to England and accepted a pension.
Political career
In 1825, Abbott was appointed as the civil commandant at Port Dalrymple, a settlement now known as the city of LauncestonLaunceston, Tasmania
Launceston is a city in the north of the state of Tasmania, Australia at the junction of the North Esk and South Esk rivers where they become the Tamar River. Launceston is the second largest city in Tasmania after the state capital Hobart...
, displacing Lieutenant-Colonel William Balfour. Abbott was also appointed to the Legislative Council of Van Diemen's Land. Lieutenant-Governor George Arthur
George Arthur
Lieutenant-General Sir George Arthur, 1st Baronet KCH PC was Lieutenant Governor of British Honduras , Van Diemen's Land and Upper Canada . He also served as Governor of Bombay .-Early life:George Arthur was born in Plymouth, England...
protested Abbott's appointment to the Colonial Office in London. In response, Abbott lost his appointment as commandant and as a Legislative Councillor, and he was appointed instead as a commissioner in the Court of Requests, an appointment he had previously declined.
Death
Abbott died in 1832, survived by his wife and sons. His son Edward worked as Abbott's clerk in the court and later became a member of the new House of AssemblyHouse of Assembly
House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level....
in Van Diemen's Land and also the Legislative Council.