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William Swainson (lawyer)
Encyclopedia
William Swainson was born in Lancaster
, England on 25 April 1809 and educated in Lancaster Grammar School. His legal education was in Middle Temple
and he was called to the bar in 1838. He became the second, and last, Attorney-General
of the Crown Colony
of New Zealand and instrumental in setting up the legal system of New Zealand.
for only a few years, and with this relatively little experience was appointed to be Attorney-General of New Zealand in 1841. The boat The Tyne left England taking Swainson and two other prominent figures in the future of New Zealand law, William Martin, who was to become the first Chief Justice
, and Thomas Outhwaite
, who was to become Registrar of the Supreme Court
in Auckland
, to New Zealand. The Tyne carried a vanguard for the creation of the legal system with which New Zealand was to achieve home rule.
, which had been signed in 1840.
George Grey
became governor in November 1845. Swainson, Martin and Grey together formulated components of the New Zealand Constitution Act 1852
. Swainson remained Attorney-General until 7 May 1856 when responsible government began in New Zealand. He was replaced as Attorney-General by Frederick Whitaker
. Swainson was appointed to the subsequent New Zealand Legislative Council
(the upper house) and became its first Speaker
. He remained in this position for about one year, and was also replaced in this position by Frederick Whitaker in 1855. Swainson remained a member of the Legislative Council until 1867.
approached him to help create the basis of an independent church, tied to the Church of England
, by drafting its constitution
, although the church never became the established religion. In 1866 Swainson became chancellor
of the Anglican Diocese of Auckland. He died a bachelor in Auckland
, on 1 December 1884
Lancaster, Lancashire
Lancaster is the county town of Lancashire, England. It is situated on the River Lune and has a population of 45,952. Lancaster is a constituent settlement of the wider City of Lancaster, local government district which has a population of 133,914 and encompasses several outlying towns, including...
, England on 25 April 1809 and educated in Lancaster Grammar School. His legal education was in 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...
and he was called to the bar in 1838. He became the second, and last, Attorney-General
Attorney-General (New Zealand)
The Attorney-General is a political office in New Zealand. It is simultaneously a ministerial position and an administrative office, and has responsibility for supervising New Zealand law and advising the government on legal matters...
of the Crown Colony
Crown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
of New Zealand and instrumental in setting up the legal system of New Zealand.
The Tyne
He worked in conveyancingConveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
for only a few years, and with this relatively little experience was appointed to be Attorney-General of New Zealand in 1841. The boat The Tyne left England taking Swainson and two other prominent figures in the future of New Zealand law, William Martin, who was to become the first Chief Justice
Chief Justice of New Zealand
The Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
, and Thomas Outhwaite
Outhwaite Family, Auckland
The Outhwaite family were early settlers in Auckland and were an important family in the first eighty five years of the city's existence. Their influence still continues, especially in respect of two areas of land in central Auckland which are now Outhwaite Park and the site of St Peter's College,...
, who was to become Registrar of the Supreme Court
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
in Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
, to New Zealand. The Tyne carried a vanguard for the creation of the legal system with which New Zealand was to achieve home rule.
Legal and political activities
It is said that during their five month voyage they set out much of the foundations of the laws they intended to frame for the new colony. Certainly they must have arrived prepared, as within six months of their arrival in New Zealand on 25 September 1841 they had passed 19 enactments creating the basis of governance in the new colony. Swainson frequently defended the interests of the Māoris on the issue of land claims from settlers, notably over disputes concerning the Treaty of WaitangiTreaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
, which had been signed in 1840.
George Grey
George Grey may refer to:*Sir George Grey, 2nd Baronet , British politician*George Grey, 2nd Earl of Kent *Sir George Grey , Governor of Cape Colony, South Australia and New Zealand...
became governor in November 1845. Swainson, Martin and Grey together formulated components of the New Zealand Constitution Act 1852
New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
. Swainson remained Attorney-General until 7 May 1856 when responsible government began in New Zealand. He was replaced as Attorney-General by Frederick Whitaker
Frederick Whitaker
Sir Frederick Whitaker, KCMG was an English-born New Zealand politician who served twice as the fifth Premier of New Zealand and six times as Attorney-General.-Early life:...
. Swainson was appointed to the subsequent New Zealand Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
(the upper house) and became its first Speaker
Speaker of the New Zealand Legislative Council
The Speaker of the Legislative Council was the chair of New Zealand's upper house, the Legislative Council. The position corresponded roughly to that of Speaker of the House of Representatives...
. He remained in this position for about one year, and was also replaced in this position by Frederick Whitaker in 1855. Swainson remained a member of the Legislative Council until 1867.
Ecclesiastical activities
Bishop SelwynGeorge Augustus Selwyn
George Augustus Selwyn was the first Anglican Bishop of New Zealand. He was Bishop of New Zealand from 1841 to 1858. His diocese was then subdivided and Selwyn was Primate of New Zealand from 1858 to 1868. He was Bishop of Lichfield from 1868 to 1878...
approached him to help create the basis of an independent church, tied to the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, by drafting its constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, although the church never became the established religion. In 1866 Swainson became chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
of the Anglican Diocese of Auckland. He died a bachelor in Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
, on 1 December 1884