John Pedder
Encyclopedia
Sir John Lewes Pedder was a judge, politician and first Chief Justice
of Van Diemen's Land
(now Tasmania
).
Pedder was born in London
, the eldest son of John Pedder, a barrister. Pedder junior was educated at Charterhouse
and the Middle Temple
from 1818 where he was called to the bar
in 1820. Then he entered Trinity Hall
, Cambridge
, graduating LL.B.
in 1822.
Pedder was appointed chief justice of Van Diemen's Land on 18 August 1823. Pedder sailed in the Hibernia, arriving in Hobart
with his wife Maria, a daughter of Lieutenant-Colonel Everett, on 15 March 1824. On 24 May, Joseph Gellibrand
, the first Tasmanian Attorney-General, in an inaugural address to the Supreme Court, spoke of trial by jury as being "one of the greatest boons conferred by the legislature upon this colony". It was questioned, however, whether this right was not taken away by section 19 of the "act for the better administration of justice in New South Wales and Van Diemen's Land", and Pedder in a long and weighty judgment took this view. As Chief Justice, Pedder was automatically a member of the Legislative Council
and the Executive Council, which necessitated a very close relationship with Governor Arthur
and even led to him being referred to as belonging to the "government party". The Chief Justice should not have been put into such a position, and in 1851, when the new partly elected legislative council was formed, the Chief Justice was no longer one of the government nominee members. Fenton, in referring to this, says that, although Pedder was "a very useful member of the old council", he was "now wisely removed from the disturbing arena of political strife".
On 19 July 1854 Pedder had a paralytic seizure while on the bench, and shortly afterwards retired on a pension of £1500 a year under an act passed in the previous May. Pedder's wife died on 23 October 1855 after suffering from paralysis. Pedder returned to England
and died in Brighton
on 24 March 1859. He was knighted in 1838. As a judge he has been called slow in decision and fearful of over-stepping the written word of a statute. He was not a great lawyer, but he was upright and thorough, always careful that the accused should suffer no injustice. Fenton, who had personal knowledge of him, says that his "prudence and foresight often prevented grave injustice and dangerous blunders in the administration of affairs under the peculiar and difficult conditions of a colony half bond and half free".
Lake Pedder
in south-west Tasmania was named after him.
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 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 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...
).
Pedder was born in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, the eldest son of John Pedder, a barrister. Pedder junior was educated at Charterhouse
Charterhouse School
Charterhouse School, originally The Hospital of King James and Thomas Sutton in Charterhouse, or more simply Charterhouse or House, is an English collegiate independent boarding school situated at Godalming in Surrey.Founded by Thomas Sutton in London in 1611 on the site of the old Carthusian...
and the Middle Temple
Middle 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...
from 1818 where he 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"...
in 1820. Then he entered Trinity Hall
Trinity Hall, Cambridge
Trinity Hall is a constituent college of the University of Cambridge, England. It is the fifth-oldest college of the university, having been founded in 1350 by William Bateman, Bishop of Norwich.- Foundation :...
, 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...
, graduating LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1822.
Pedder was appointed chief justice of Van Diemen's Land on 18 August 1823. Pedder sailed in the Hibernia, arriving in 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...
with his wife Maria, a daughter of Lieutenant-Colonel Everett, on 15 March 1824. On 24 May, Joseph Gellibrand
Joseph Gellibrand
Joseph Tice Gellibrand was the first attorney-general of Van Diemen's Land .-Early life:Joseph Tice Gellibrand was born in England, second son of William Gellibrand and Sophia Louisa, née Hynde...
, the first Tasmanian Attorney-General, in an inaugural address to the Supreme Court, spoke of trial by jury as being "one of the greatest boons conferred by the legislature upon this colony". It was questioned, however, whether this right was not taken away by section 19 of the "act for the better administration of justice in New South Wales and Van Diemen's Land", and Pedder in a long and weighty judgment took this view. As Chief Justice, Pedder was automatically a member of the Legislative Council
Tasmanian Legislative Council
The Legislative Council, or upper house, is one of the two chambers of the Parliament of Tasmania in Australia. The other is the House of Assembly. It sits in Parliament House in the state capital, Hobart...
and the Executive Council, which necessitated a very close relationship with Governor 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...
and even led to him being referred to as belonging to the "government party". The Chief Justice should not have been put into such a position, and in 1851, when the new partly elected legislative council was formed, the Chief Justice was no longer one of the government nominee members. Fenton, in referring to this, says that, although Pedder was "a very useful member of the old council", he was "now wisely removed from the disturbing arena of political strife".
On 19 July 1854 Pedder had a paralytic seizure while on the bench, and shortly afterwards retired on a pension of £1500 a year under an act passed in the previous May. Pedder's wife died on 23 October 1855 after suffering from paralysis. Pedder returned to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and died in Brighton
Brighton
Brighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
on 24 March 1859. He was knighted in 1838. As a judge he has been called slow in decision and fearful of over-stepping the written word of a statute. He was not a great lawyer, but he was upright and thorough, always careful that the accused should suffer no injustice. Fenton, who had personal knowledge of him, says that his "prudence and foresight often prevented grave injustice and dangerous blunders in the administration of affairs under the peculiar and difficult conditions of a colony half bond and half free".
Lake Pedder
Lake Pedder
Lake Pedder was once a natural lake, located in the southwest of Tasmania, Australia but the name is now used in an official sense to refer to the much larger artificial impoundment and diversion lake formed when the original lake was expanded by damming in 1972 by the Hydro Electric Commission of...
in south-west Tasmania was named after him.