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Introduction Introduction David Clune and Ken Turner* Who were the Governors?1 The omnipresent backdrop and context for the stories of most NSW Governors is the British Empire. For much of the period covered by this book they were Imperial officers. Since first settlement New South Wales has had 37 Governors. Until the appointment of Marie Bashir in 2001, all were men, usually middle aged. Two-thirds were at least 50 upon appointment, including five over 60. Only three were 40 or younger. A large majority belonged to the Established Church, alongside a sprinkling of Presbyterians. Many were prominent Freemasons.2 That pattern was unbroken until 1913 when Strickland was the first (and only) Catholic to be appointed. As late as 1996, Samuels became the first Jew to hold the office. Bashir was even more of a pathfinder as the first woman, the first Professor, and the first of Lebanese descent. Of the 29 Governors before 1946, 18 had been born in England, four in Scotland, three in Ireland, four in other British colonies – but none in Australia. Especially after Federation Australian-born appointments were sometimes suggested, often with the aim of reducing the costs of the Viceregal establishment. Those wanting a symbol of emerging nation- hood were offset by others who wanted no change or thought the time not yet ripe. The latter argued that appointments from “Home” helped main- tain the British connection, so important to security, trade and culture. Remoteness from local politics might also facilitate more impartial and perhaps more dignified service. From the 1890s consultation generally took place before the final decision was made about a new appointment, but the final decision was made by the British Government – and it would be a Briton. Even when all States but Victoria petitioned for Australian-born appointments in 1925, the British Government remained unwilling to comply until the request came from all States.3 It was not until 1946 that Premier WJ McKell finally (and with difficulty) achieved the appointment of Lieutenant-General Sir John Northcott, who had been born in Victoria. All NSW Governors since have been New South Wales-born except 1 INTRODUCTION problems to confront.115 If Australians will only accept an elected head of state as an alternative, can the office remain above politics, a symbol of unity and shared social values? What will be the implications for the Westminster model if an elected head of state with indeterminate reserve powers is expected to play a checks and balances role? Can such powers and the circumstances occasioning their use be successfully codified? The implications for the States if Australia becomes a republic at the Commonwealth level are far from clear.116 Could the Commonwealth force the States to follow suit? Could some States become republics while others remained Monarchist? What process would the States follow to become republics? If New South Wales does decide to sever its links with the Crown, complex and problematic issues such as the method of appoint- ment of a republican successor to the Governor, whether the reserve powers continue to exist and, if so, in what form will need to be addressed. The future role of the head of state will depend very much on how these key questions are resolved. Even if the office becomes purely ceremonial, we believe it will remain important as a means of promoting philanthropic and community activity, promulgating principles and ideals, rewarding voluntary effort or outstanding achievement, and contributing to the maintenance of social cohesion. Notes * We would like to thank Chris Cunneen, Hilary Golder, John Hirst, Ann Toy and Anne Twomey for their helpful comments. The responsibility for errors and omissions remains that of the authors. 1 For more detail on the Governors’ lives and careers, see the Appendices. 2 See Chapters 27 and 30 for details of Governors’ involvement in Masonry. 3 Twomey, A, The Chameleon Crown, Federation Press, Sydney, 2006, p 30. 4 Twomey, A, The Constitution of New South Wales, Federation Press, Sydney, 2004, pp 608, 618-19. 5 Quoted in McMartin, A, Public Servants and Patronage: the foundation and rise of the New South Wales Public Service, 1786-1859, SUP, Sydney, 1983, p 43. 6 Tuchman, B, The Proud Tower, Macmillan, New York, 1981, pp 3, 20, 29, 58. 7 Cannadine, D, The Decline and Fall of the British Aristocracy, Papermac, London, rev ed, 1996, pp 588-9. On the New Zealand experience, see McLean, G, New Zealand’s Governors and Governor-Generals, Otago University Press, Dunedin, 2006. 8 Belloc, H, Cautionary Tales, Duckworth, London, 1907. 9 Cunneen, C, King’s Men, Allen and Unwin, Sydney, 1983, p 159. Cunneen is referring to the Governor-Generalship but the situation was similar in New South Wales. 10 Gipps, J, Every Inch a Governor: Sir George Gipps Governor of New South Wales 1838-46, Hobsons Bay Publishing, Melbourne, 1996, p 45. 11 Wakehurst, P, “In a Lifetime Full …”: reflections on a public and a Private life, [privately published] UK, 1989, p 85. 12 See Chapter 20. 25 THE GOVERNORS OF NEW SOUTH WALES 13 As noted in Chapter 21, Rawson complained about the difficulty of living on his salary. See also comments by Chelmsford in a letter to Strickland in October 1912 and Strickland to the Colonial Office (25.11.1912) about the inadequacy of the remuneration, CO 418/101. 14 Letter to Secretary of State, 3.6.1825, quoted in Gillespie, R, Vice-regal Quarters, Angus & Robertson, Sydney, 1975, p 63. 15 Davie, M, Anglo-Australian Attitudes, Secker and Warburg, London, 2000, p 63. 16 Secret Despatch to Secretary of State, 22.1.1920, SRNSW: The Governor, NRS 4512, Despatches, Circulars and Cables from the Secretary of State, 1781-1971 [7/1575.1, September-October 1921]. 17 See Chapter 15. 18 Cunneen, King’s Men, pp 15, 77. 19 The Bulletin, 10.12.1887, p 4. 20 Twomey, Chameleon Crown, pp 30, 39, 42-3. 21 Auchmuty, J, “The background to the early Australian Governors”, in Historical Studies, vol 6, no 23, November 1954, pp 303-14; King, H, “Pulling strings at the Colonial Office”, in Journal of the Royal Australian Historical Society (JRAHS), vol 61 pt 3, September 1975, pp 145-64. 22 Army: Macquarie, Brisbane, Darling, Bourke, Gipps, FitzRoy, Denison, Robin- son, Carrington, Hampden, Hore-Ruthven, Northcott, Woodward. Navy: Phillip, Hunter, King, Bligh, Duff, Rawson, De Chair, Anderson, Martin, Sinclair. Air Force: Game, Rowland. For comparisons with other States, see McCaughey, D, Perkins, N, and Trumble, A, Victoria’s Colonial Governors 1839-1900, MUP, Melbourne, 1993 and Bernays, C, The Governors of Queensland, Brisbane, 1923. 23 Bourke, Gipps, FitzRoy, Denison, Robinson, Carrington, Duff, Hampden, Hore- Ruthven, Anderson. 24 Young, Belmore, Loftus, Jersey, Chelmsford, Strickland, Davidson, Wakehurst, Cutler, Samuels, Bashir. 25 It should be noted that, as John Hirst has argued, New South Wales was never a complete gaol or slave society and that substantial freedoms existed from the beginning. See Hirst, J, The Convict Society and its Enemies, Allen and Unwin, Sydney, 1983. 26 Northcott, Woodward, Cutler, Rowland, Martin, Sinclair. 27 King, Macquarie, Gipps, FitzRoy, Rawson, Woodward and Martin. 28 Jersey, Hampden, De Chair, Northcott, Cutler, Rowland, Sinclair and Samuels. 29 For detailed accounts of the constitutional background and the powers of the Governors and how they evolved, see Ward, JM, Colonial Self-Government: the British Experience 1759-1856, Macmillan, London, 1976; Melbourne, ACV, Early Constitutional Development in Australia, OUP, Melbourne, 1934; Evatt, HV, The King and his Dominion Governors, OUP, Melbourne, 1936; McMinn, WG, A Constitutional History of Australia, OUP, Melbourne, 1979; Rose, L, The Framework of Government in New South Wales, Government Printer, Sydney, 1972; Winterton, G, “The constitutional position of Australian State Governors”, in Lee, HP, and G Winterton, G (eds), Australian Constitutional Perspectives, Law Book Company, Sydney, 1992; Twomey, Constitution of New South Wales; Twomey, Chameleon Crown; Carney, G, The Constitutional Systems of the Aust- ralian States and Territories, CUP, Melbourne, 2006; Boyce, P, The Queen’s Other Realms: the Crown and its legacy in Australia, Canada and New Zealand, Federation Press, Sydney, 2008. 30 McMinn, p 12. 31 Blainey, G, The Tyranny of Distance, Sun Books, Melbourne, 1966, p 191. 32 Cell, JW, “The Colonial Office in the 1850s”, in Historical Studies, vol 12 no 45, October 1965, p 48. 26 INTRODUCTION 33 Hall, HL, The Colonial Office, Longmans, Green and Co, London, 1937, p 52. 34 Cell, pp 48, 49, 55. 35 Hall, p 79; Ward, Colonial Self-Government, pp 124, 292-3; Beaglehole, JC, “The Colonial Office 1782-1854”, in Beever, M, and Smith, FB (eds), Historical Studies Australia and New Zealand: Selected Articles, Second Series, MUP, Melbourne, 1967, pp 18, 24-6. 36 Melbourne, p 16. 37 Hirst, Convict Society, p 116. 38 See Chapter 6. 39 Melbourne, p 164. 40 McMartin, pp 200-3. 41 For Thomson see Foster, SG, Colonial Improver: Edward Deas Thomson, 1800- 1879, MUP, Melbourne, 1978. 42 Shaw, AGL, “Orders from Downing Street”, in JRAHS, vol 54 pt 2, June 1968, p 115; Pugh, RB, “The Colonial Office 1801-1925”, Cambridge History of the British Empire, vol 3, 1959. 43 Melbourne, p 272. 44 Hirst, J, “Empire, State, Nation”, in Schreuder, D, and Ward, S, Australia’s Empire, OUP, Melbourne, 2008, pp 143-4. 45 Berriedale Keith, A, “Ministerial responsibility in the Dominions”, in Journal of the Society of Comparative Legislation, New Series, vol 17, 1917, p 228. 46 See Bennett, JM, “The Royal prerogative of mercy: putting in the boots”, in Australian Law Journal, vol 81, 2007, p 35. 47 Nairn, NB [Review essay on Loveday, P, and Martin, A, Parliament, Factions and Parties: the first thirty years of resPonsible government in New South Wales, 1856-1889, MUP, Melbourne, 1966], Politics, vol 1 no 2, November 1966, p 157.
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