George Higinbotham
Encyclopedia
George Higinbotham was a politician
and was a Chief Justice
of the Supreme Court of Victoria
, which is the highest ranking court
in the Australia
n State
of Victoria
.
, and having gained a Queen's scholarship of £50 a year, entered at Trinity College, Dublin
.
Higinbotham qualified for the degree of B.A.
in 1847 and M.A.
in 1853, after a good but undistinguished course, and proceeded to London where he soon became a parliamentary reporter on the Morning Chronicle
. Higinbotham entered himself as a student at Lincoln's Inn
on 20 April 1848, and on 6 June 1853 was called to the bar
.
for Australia on the Briseis and arrived at Melbourne
on 10 March 1854, where he contributed to the Melbourne Herald
and practised at the bar with much success. In 1850 he became editor of the Melbourne Argus
, but resigned in 1859 and returned to the bar. He was elected to the Victorian Legislative Assembly
in 1861 for Brighton
as an independent Liberal
, was rejected at the general election of the same year, but was returned nine months later.
government. Under his influence measures were passed through the legislative assembly of a somewhat extreme character, completely ignoring the rights of the Victorian Legislative Council
, and the government was carried on without any Appropriation Act for more than a year. Higinbotham, by his eloquence and earnestness, obtained great influence amongst the members of the legislative assembly, but his colleagues were not prepared to follow him as far as he desired to go. In April 1866 a conference of representatives of the two houses was held. Sir Charles Darling
the governor had, however, in a dispatch forwarded in the previous December, used a phrase which suggested that he was allying himself with one of the parties to the dispute and was recalled. Higinbotham in his speech made in May 1866 on Darling's treatment declared that the real reason of his recall was that he had "assented to acts of his ministers which Cardwell (secretary of state for the colonies) declares to be illegal". Higinbotham contended that in a constitutional colony like Victoria the secretary of state for the colonies had no right to fetter the discretion of the queen's representative.
In January 1865 the visit of the U.S. confederate cruiser CSS Shenandoah
placed the government in a difficult position, and it has sometimes been assumed that the advice of Higinbotham (to not support the U.S. consul's request that the ship be seized as a pirate) as attorney-general must have been faulty in view of the subsequent arbitration proceedings going in favour of the United States. The voting, however, of the arbitrators was three to two, and one of the three appears to have given his decision with some hesitation. Higinbotham did not return to power with his chief, Sir James McCulloch, after the defeat of the short-lived Sladen
administration; and being defeated for Brighton at the next general election by a comparatively unknown man, Sir Thomas Bent
, he devoted himself to his practice at the bar.
In September 1866 a royal commission on education was appointed of which Higinbotham was made chairman. The work of the commission was done with great thoroughness and economy, and their recommendations were unanimous. Unfortunately one religious body had refused to be represented on the commission, and the feeling that arose caused the work that had been done to be nullified for the time being. In July 1868 McCulloch became premier again, but Higinbotham would accept only a subordinate position in the cabinet. He became vice-president of the board of land and works without salary. In February 1869 he resigned that position and never held office again. Later on in the year, in response to a request that representatives of the colony should be sent to a conference on colonial affairs in London, Higinbotham moved and succeeded in carrying five resolutions declining to send representatives, and repeating his views that the internal affairs of a colony are its own concern and that the colonial office should only look after matters that effect the whole empire. A year later at the election held in March 1871 Higinbotham was defeated by 14 votes. It was a contest between a realist and an idealist. His opponent, Thomas Bent
, was a man who understood the art of looking after his own constituency. Higinbotham cared nothing for its special needs and thought only of the good of the whole colony. He welcomed his release from the bickerings of politics and for two years built up his position as a barrister.
Among his other labours as attorney-general, Higinbotham had codified all the statutes which were in force throughout the colony. In 1874 he was returned to the legislative assembly for Brunswick, but after a few months he resigned his seat.
, he was promoted to the office of chief justice. Mr Higinbotham was appointed president of the International Exhibition held at Melbourne
in 1888-1889, but did not take any active part in its management. One of his latest public acts was to subscribe a sum of £10, 10s. a week towards the funds of the strikers in the great Australian labour dispute of 1890, an act which did not meet with general approval.
Higinbotham died on 31 December 1892 and was survived by his wife, two sons and three daughters, he had a private funeral at his own request.
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and was a 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 Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
, 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 Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
.
Early life
George Higinbotham was the sixth son (and youngest of eight) of Henry Higinbotham, a merchant at Dublin, and Sarah Wilson, daughter of Joseph Wilson, a man of Scottish ancestry who had gone to America and became an American citizen after the War of Independence and returned to Dublin as American consul. George Higinbotham was educated at the Royal School DungannonRoyal School Dungannon
The Royal School is a school located in Dungannon, County Tyrone, Northern Ireland. It was one of a number of 'free schools' created by James I in 1608 to provide an education to the sons of local merchants and farmers during the plantation of Ulster. Originally setup in Mountjoy near Lough Neagh...
, and having gained a Queen's scholarship of £50 a year, entered at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
.
Higinbotham qualified for the degree of B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1847 and M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in 1853, after a good but undistinguished course, and proceeded to London where he soon became a parliamentary reporter on the Morning Chronicle
Morning Chronicle
The Morning Chronicle was a newspaper founded in 1769 in London, England, and published under various owners until 1862. It was most notable for having been the first employer of Charles Dickens, and for publishing the articles by Henry Mayhew which were collected and published in book format in...
. Higinbotham entered himself as a student 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...
on 20 April 1848, and on 6 June 1853 was called to the bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
.
Move to Australia
On 1 December 1853 Higinbotham left LiverpoolLiverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
for Australia on the Briseis and arrived at Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
on 10 March 1854, where he contributed to the Melbourne Herald
Herald Sun
The Herald Sun is a morning tabloid newspaper based in Melbourne, Australia. It is published by The Herald and Weekly Times, a subsidiary of News Limited, itself a subsidiary of News Corporation. It is available for purchase throughout Melbourne, Regional Victoria, Tasmania, the Australian Capital...
and practised at the bar with much success. In 1850 he became editor of the Melbourne Argus
The Argus (Australia)
The Argus was a morning daily newspaper in Melbourne established in 1846 and closed in 1957. Widely known as a conservative newspaper for most of its history, it adopted a left leaning approach from 1949...
, but resigned in 1859 and returned to the bar. He was elected to the Victorian Legislative Assembly
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the Parliament of Victoria in Australia. Together with the Victorian Legislative Council, the upper house, it sits in Parliament House in the state capital, Melbourne.-History:...
in 1861 for Brighton
Brighton, Victoria
Brighton is a suburb of Melbourne, Victoria, Australia, 11 km south-east from Melbourne's central business district. Its Local Government Area is the City of Bayside. At the 2006 Census, Brighton had a population of 20,651...
as an independent Liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
, was rejected at the general election of the same year, but was returned nine months later.
Attorney-General
In 1863 Higinbotham became attorney-general in the Sir James McCullochJames McCulloch
James McCulloch is also the name of the cashier of the Baltimore branch of the Second National Bank of the United States. This James McCulloch was not involved in the McCulloch vs. Maryland U.S. Supreme Court case....
government. Under his influence measures were passed through the legislative assembly of a somewhat extreme character, completely ignoring the rights of the Victorian Legislative Council
Victorian Legislative Council
The Victorian Legislative Council, is the upper of the two houses of the Parliament of Victoria, Australia; the lower house being the Legislative Assembly. Both houses sit in Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to...
, and the government was carried on without any Appropriation Act for more than a year. Higinbotham, by his eloquence and earnestness, obtained great influence amongst the members of the legislative assembly, but his colleagues were not prepared to follow him as far as he desired to go. In April 1866 a conference of representatives of the two houses was held. Sir Charles Darling
Charles Henry Darling
Sir Charles Henry Darling KCB was a British colonial governor.He was born at Annapolis Royal, Nova Scotia, the son of Major-General Henry Darling and nephew of General Sir Ralph Darling....
the governor had, however, in a dispatch forwarded in the previous December, used a phrase which suggested that he was allying himself with one of the parties to the dispute and was recalled. Higinbotham in his speech made in May 1866 on Darling's treatment declared that the real reason of his recall was that he had "assented to acts of his ministers which Cardwell (secretary of state for the colonies) declares to be illegal". Higinbotham contended that in a constitutional colony like Victoria the secretary of state for the colonies had no right to fetter the discretion of the queen's representative.
In January 1865 the visit of the U.S. confederate cruiser CSS Shenandoah
CSS Shenandoah
CSS Shenandoah, formerly Sea King, was an iron-framed, teak-planked, full rigged ship, with auxiliary steam power, captained by Commander James Waddell, Confederate States Navy, a North Carolinian with twenty years' service in the United States Navy.During 12½ months of 1864–1865 the ship...
placed the government in a difficult position, and it has sometimes been assumed that the advice of Higinbotham (to not support the U.S. consul's request that the ship be seized as a pirate) as attorney-general must have been faulty in view of the subsequent arbitration proceedings going in favour of the United States. The voting, however, of the arbitrators was three to two, and one of the three appears to have given his decision with some hesitation. Higinbotham did not return to power with his chief, Sir James McCulloch, after the defeat of the short-lived Sladen
Charles Sladen
Sir Charles Sladen, KCMG , Australian colonial politician, was the 6th Premier of Victoria.Sladen was born in England near Walmer, Kent, the second son of John Baker Sladen, deputy-lieutenant of the county. He was educated at Shrewsbury and later at Trinity Hall, Cambridge. In 1840, he graduated...
administration; and being defeated for Brighton at the next general election by a comparatively unknown man, Sir Thomas Bent
Thomas Bent
Sir Thomas Bent KCMG , Australian politician, was the 22nd Premier of Victoria. He was one of the most colourful and corrupt politicians in Victorian history....
, he devoted himself to his practice at the bar.
In September 1866 a royal commission on education was appointed of which Higinbotham was made chairman. The work of the commission was done with great thoroughness and economy, and their recommendations were unanimous. Unfortunately one religious body had refused to be represented on the commission, and the feeling that arose caused the work that had been done to be nullified for the time being. In July 1868 McCulloch became premier again, but Higinbotham would accept only a subordinate position in the cabinet. He became vice-president of the board of land and works without salary. In February 1869 he resigned that position and never held office again. Later on in the year, in response to a request that representatives of the colony should be sent to a conference on colonial affairs in London, Higinbotham moved and succeeded in carrying five resolutions declining to send representatives, and repeating his views that the internal affairs of a colony are its own concern and that the colonial office should only look after matters that effect the whole empire. A year later at the election held in March 1871 Higinbotham was defeated by 14 votes. It was a contest between a realist and an idealist. His opponent, Thomas Bent
Thomas Bent
Sir Thomas Bent KCMG , Australian politician, was the 22nd Premier of Victoria. He was one of the most colourful and corrupt politicians in Victorian history....
, was a man who understood the art of looking after his own constituency. Higinbotham cared nothing for its special needs and thought only of the good of the whole colony. He welcomed his release from the bickerings of politics and for two years built up his position as a barrister.
Among his other labours as attorney-general, Higinbotham had codified all the statutes which were in force throughout the colony. In 1874 he was returned to the legislative assembly for Brunswick, but after a few months he resigned his seat.
Judge
In 1880 Higinbotham was appointed a puisne judge of the supreme court, and in 1886, on the retirement of Sir William StawellWilliam Foster Stawell
Sir William Foster Stawell KCMG was a British colonial statesman and a Chief Justice of the Supreme Court of Victoria, Australia.-Early life:...
, he was promoted to the office of chief justice. Mr Higinbotham was appointed president of the International Exhibition held at Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in 1888-1889, but did not take any active part in its management. One of his latest public acts was to subscribe a sum of £10, 10s. a week towards the funds of the strikers in the great Australian labour dispute of 1890, an act which did not meet with general approval.
Higinbotham died on 31 December 1892 and was survived by his wife, two sons and three daughters, he had a private funeral at his own request.
External links
- Supreme Court of Victoria Website
- George Higinbotham (1826-1892) Gravesite at Brighton General Cemetery (Vic)