ichard Bourke. (1777- 1855), was born on 4th May, 1777, at Bri- tain Street, Dublin, the son of John Bourkenf Drumsally, Countv Limerick. and his wife Anne, daughter of ~dmund i Xife anb Work i; Ryan of Boscable, County Tipperary. I He was educated at Westminster governor of the whole colony in Some School and at Oxford (B.A., 1798). His rset's absence. As an avowed Whig, tie vacations were spent at the home of his was a surprising choice for a Tory gov- distant relation, Edmund Burke, with Somerset, who was given leave to ernment, but his tact and ability had whose political and personal friends he return home to answer the charges favourably impressed Wilmot Horton thus became acquainted. After against him. The government hastily at the Colonial Office. Bourke arrived at Bourke's death, Bourke came underthe decided to divide Cape Colony and Cape Town in February, 1826, and took patronage of William Windham, secret- create a separate government in the office as acting governor on 5th March, ary of state; he was gazetted ensign in Eastern District as recommended by a when Somerset left. the Grenadier Guards on 22nd Commission of Inquiry at the Cape. On Bourke found his situation difficult. November, 1798, saw active sewice in 4th July, Bourke was appointed lieut- The non-white population heavily out- the Netherlands in 1799 and was badly governor of the Eastern District, on the numbered the Europeans. A noisy wounded through both jaws. In later understanding that he should be acting minority of British settlers objected to a life he felt that the effects of this wound prevented him from speaking force- fully in public and consequently declined all invitations to stand for par- liament. He was promoted lieutenant and captain on 25th November, 1799, and major on 27th August, 1805. In 1806 he became superintendent of the junior department of the Royal Military College with the rank of lieut-colonel. He saw active service again in 1007 as quartermaster-general with the unsuc- cessful expedition to South America. He took part in the siege and storming of Montevideo and in the expedition against Buenos Aires. In 1809 he was appointed permanent assistant in the Quartermaster-General's Department. He sewed in the Peninsula, where his knowledge of Spanish proved useful, and, in 1812-14, he was stationed at Corunna as military resident in Galicia; he was favourably noticed for his ser- vices and was promoted colonel on 4th June, 1814. After the war, Bourke retired on half- pay and lived on his estate, Thornfield, Lisnagry, County Limerick. In 1800 he had married Elizabeth, youngest daughter of John Bourke, receiver-gen- era1 of the land tax for Middlesex; they had two sons and three daughters. Bourke managed his estates, acted as a magistrate and chairman of the Irish Distress Committee for Limerick, and encouraged public education, local industries and schemes for draining bogs. Despite this active and appa- rently contented life, Bourke began seeking an appointment in a better cli- mate. He hoped that a change would benefit his delicate wife, as well as aug- ment his income to meet his growing family needs. On 15th June, 1825, he was appointed major-general on the staff at Malta, but a political storm blew up in Britain through complaints from the Capaof Good Hope about the arbitrary General Sir Richard Bourke, Governor of New South ~al&,'183137, from a print. Public Library of New rule of the governor, Lord Charles South Wales. Thornfield, the Lisnagry, Co. Limerickresidenceof Richard Bourke.

government that did not allow them he had done so, Bourke suggested that, mando bands of colonists and British civil liberties they claimed as British when the courts became independent military forces. Soon after Bourke took subjects; even their right of petition of the colonial government, the press office, he prohibited indiscriminate * had been threatened. The uncodified should be controlled, not by licences retaliation, and instructed the frontier laws were confused, the courts were issued or withdrawn at the governor's commander to exercise great vigilance uncertain in operation, and many discretion, but by the due processes of to prevent raids. Although these orders administrative officials were ineffi- the law. This suggestion was adopted were adversely criticized in the colony cient, inadequately paid and corrupt. in 1829, when the independence of the and in England, Bourke regarded them The colonists of Dutch descent were colony's press was virtually secured by as a first step in a long-range plan to more numerous but less articulate than statute. solve the frontier problem by conciliat- the new British settlers; they too had Somerset resigned his governorship ing the Kaffirs, civilizing them and con- grievances and Bourke, fearing that soon after Bathurst left the Colonial verting them to Christianity. He there- even their small contact with the gov- Office in April, 1827. The new secretary fore encouraged missionaries and tried ernment might be lost, tried to con- of state, Goderich, decided not to sepa- to promote trade and friendly inter- ciliate them by appointing 'old' col- rate the Eastern District and the Cape, course. Most of his frontier policy was onists to vacancies in the public ser- because of their tottering finances. reversed soon after he left, but in vice. He gave some relief by investigat- Bourke was thus left as acting gover- retrospect, Bourke felt that he had cho- ing complaints, but all the grievances nor, with little prospect of permanent sen the right course in saving lives and were exacerbated by economic depres- appointment. However, when the averting war. sion. For years expenditure had Commission of Inquiry at last made its In his 'domestic' policy Bourke aimed exceeded revenue, the colony was recommendations, Goderich accepted to better the conditions of the free per- heavily in debt, and, by 1826, bad sea- them* part and in October, 1827, he sons of colour. Most Hottentots were sons had brought agriculture, and requested Bourke to reorganize the thought to be worse off than slaves; commerce to the brink of ruin. Bourke government administration within the many were bound by oppressive removed local dues and restrictions framework of his general instructions. labour contracts, and all lived.at low which had hampered primary produc- This difficult task was satisfactorily subsistence levels, prevented by a pass ers, and with some success sought accomplished by May, 1828. system from moving freely in search of markets for Cape products in Mauritius His period of office was regarded better-paid work. Bourke began to draft and elsewhere. Colonial exports either as 'Bourke's wicked reign' or as a reforming legislation in 1826, but increased appreciably in 1827. most enlightened era. The most con- delayed implementing it because he One cause of friction between British troversial part of it was his native pol- thouiht the existing courts were settlers and the colonial government icy, which fell into two categories: unlikely to administer it impartially. was control of the press. Bourke was 'domestic', concerned mainly with However, on 17th July, 1828, after the drawn into thisstruggle in March, 1827, master-servant relations, and 'foreign', courts had been reformed, his council when he was instructed by the Colonial concerned with tribes beyond the col- passed Ordinance 50, for improving Office to withdraw the licence of the ony's borders. These frontier districts, the condition of the Hottentots and colony's only independent English-lan- especially in the east, had long.tqen other free persons of colour. This " guage newspaper, which had been greatly disturbed by Kaffir raids acrosi Magna Charta freed Hottentots from criticizing Somerset. In reporting that the border and reprisals by armed com- the pass laws and protected them from exploitation. According to James died at Parramatta in May, 1832. His ini- were many nuances of political opin- Stephen, legal counsel to the Colonial tial enthusiasm was also dimmed by ion, those who had been Tories in Bri- Office, it was 'An Act of great value', bitter political conflict with the 'exclu- tain tended to adhere to the 'exclusive' and at his suggestion, it was confirmed sive' faction in his Legislative and faction in the colony, whereas those by an Order in Counail so that it could Executive Councils. Among his oppo- who had been Whigsor radicalstended not be repealed or amended by nents were the colonial secretary, Ale- to associate themselves with the colo- Bourke's successors. xander McLeay, and the colonial trea- nial 'liberals' in supporting the Whig ' Bourke left the Cape in September, surer, C.D. Riddell. Bourke described governor's policies. 1828. Although offered the govern- himself as being 'pretty much in the One of Bourke's first political actions / ment of the Bahamas, he refused, situation that Earl Grey would find him- was to propose the extension of trial by , thinking the climate might harm his self in if all members of his Cabinet jury and the substitution of civil for,/r wife's health. He resumed the life of a were Ultra Tories and he could neither military juries in criminal cases. At the country gentleman, but soon found his turn them out nor leave them'. 'Exclu- Colonial Office, he had discussed this income inadequate and again sought sive' opposition impeded some of his question and had been authorized to an appointment. In November, 1830, most treasured plans for the colony's make the change. In Sydney, he found when the Whigs took office, his posi- betterment, continued throughout his that his judges also favoured it. Strong tion became stronger, and on the fol- governorship and finally precipitated opposition was expected from the 'exc- lowing March, he was appointed gover- his resignation, although he was sup- lusive~'who objected to emancipists nor of New South Wales. He arrived ported by such 'liberals' as Chief Jus- serving as jurors. In 1832, the existing with his family in Sydney on 3rd tice Forbes and W.C. Wentworth, and Jury Act expired and was renewed in a December, 1831. popular with those whom he called 'the slightly more liberal form againstfierce Bourke was. enthusiastically wel- people'. Political differences in Eng- resistance in the legislature. In 1833, comed, partly because his reputation in land on such issues as religious tolera- strengthened by a petition signed by Ireland and at the Cape had preceded tion, education and the franchise were some 4000 persons for the extension of him. The infectious optimism in New translated into colonial terms in New civil juries, Bourke submitted a bill to South Wales gave Bourke happy first South Wales, where they were compli- the Legislative Council which assimi- impressions, but they were soon dar- cated by local problems arising from lated the petit jury system to that of kened by personal sorrow: his wife the convict system. Although there England. It was passed only by his cast- The tomb of Generalsir Richard Bourke at Stradbally churchyard, Castleconnel%Co. Limerick.

ing vote, and even so he had to accept the majority, about a fifth of the popula- abahdoned, to Bourke's great disap- an amendment for the use of military tion was Roman Catholic, and Pre- pointment, for it had been a prominent juries in certain circumstances. sbyterians and Dissenters formed an motive for retaining the office of which Another controversial question was influential minority, His proposal to he was heartily weary. the criminal law relating to convicts. At give support from public funds to the Bourke was also disappointed in his the Cape, Bourke had been perturbed major denominations in proportion to hope to introduce elective govern- by the partiality of the courts when col- the numbers of their adherents was not ment. He thought that the colony was oured persons were involved; in New authorized by the Colonial Office until ready for it in 1833, and recommended South Wales, he soon found that the 1836. Despite Bishop Broughton's pro- the immediate introduction of a uni- magistrates, especially in remote coun- tests against the Church of England cameral legislature, half nominated try districts, were not always impartial becoming dependent on an annual and half elected. His proposal was with convicts and that a number of grant, the Church Act was passed in pigeon-holed by the Colonial Office as illegal sentences had been passed at July, 1836. In deference to Broughton's successive ministries shehed the petty sessions. He attributed this to the objections, the Anglican Church was invidious task of devising for a penal complexity of existing regulations, and provided for in a separate Act. These colony an elective legislature which asked Forbes to draft a single bill con- Acts served their purpose, for the would be acceptable to parliament and solidating the law and reducing the number of churches and clergy of all to political factions in New South magistrates' power to inflict punish- denominations substantially increased Wales. In 1836; when the Constitution ments. When lists of illegal sentences and continued to keep pace with the ris- Act of 1828 was due to expire, Bourke imposed on convicts were presented to ing population. suggested a legislature one-third the council, the bill was passed unani- Bourke's educational proposals were nominated and two-thirds elected. mously. Some magistrates welcomed less successful. Since some districts Decision was again postponed, and the the Act, but it was attacked by his oppo- had no schools, and others had only 1828 Act was renewed for a year. Both nents. The Sydney Herald, always his Anglican parochial schools that did not colonial factions then became active in critic, called it Bourke's 'soothing sys- provide a good general education, he drawing up petitions. The 'exclusives' tem for convicts', and blamed it for thought that the government ought to wanted to postpone elective represen- every subsequent convict mis- set up schools, increasing their number tation until 'unblemished' settlers out- demeanour. Bitter resistance also as population grew, and appointing numbered emancipists and, in implied came from magistrates in the Hunter trained teachers. He therefore prop- criticism of Bourke, claimed that crime River district where isolated settlers osed a general system of education, was increasing through laxity in con- had a genuine, and not unjustified,fear wholly controlled and paid for by gov- vict discipline. In contrast, the 'liberals' of assigned convicts committing ernment; as in the National schools of asked for the immediate creation of an atrocities. Yet the magistrates still had Ireland scriptural extracts were to be elective legislative assembly, com- great power, and convict discipline read daily, and once a week visiting mended Bourke and his policies, and remained harsh and rigorous, particu- clergy were to give religious instruc- denied any increase in the crime rate. larly in road-gangs and at Norfolk tion to their flocks. This proposal dis- The 'liberal' petition was signed by Island. Despite Bourke's alleged pleased Broughton and many other nearly 6000 persons; that of the 'exclu- leniency elsewhere, he did little to Protestant clergy of different denomi- sive~'by only 498. Despite this strong make the penal stations less severe. nations. Its support by John Bede Pold- appeal from the colony, the Act of 1828 Bourke also proposed new policies ing, the Roman Catholic bishop, inten- was again renewed temporarily in for religion and education. As a liberal sified Protestant opposition. With 1837. In London, the Select Committee Anglican,he abhorred sectarian intoler- approval from London, Bourke tried to on Transportation was given a black ance, having seen its evil effects in Ire- introduce his new plan in 1836, but picture of colonial society by such wit- land, and he was convinced that no widespread opposition made -0s: nesses as James Mudie and E.A. Slade, attempt to establish a dominant colo- sible to establish a system which who had personal grudges against nial church would succeed. In 1833 he required the support of the legislature, Bourke and sought to discredit him by estimated tb&, while Anglicans were in clergy and parents. The scheme was alleging that the colony had become more depraved through his lax convict of active economic growth. Between crown lands, also acting as magis- discipline. Contrary evidence was also 1831 and 1837, revenue increased from trates, were to carry the rule of law. given, although crime statistics were £ 122,855 to £354,802and exports from This occupation licence system had uncertain,as earlier bench records were £324,168 to £760,054. This growth striking similarities with the loan land imperfect, if kept at all. In its wisdom began before Bourke arrived, but it was system at the Cape, but both ran the British government postponed con- accelerated by his administration, counter to the doctrine of concentra- stitutional change in New South Wales especially of land. In 1831 land was tion favoured by the Colonial Office in until after the cessation of transporta- sold only within certain boundaries, the 1830s. Bourke believed that its strict tion, which the select committee was the so-called limits of location, but un- application would retard the colony's expected to recommend. In spite of authorized squatting on unoccupied development, and, in 1835, he wrote to these frustrating delays, Bourke was crown lands was becoming common. his friend, Thomas Spring Rice, that very active in seeking help from his At the Cape, Bourke had seen that large 'Sheep must wander or they will not Legislative Council with government tracts were needed for raising stock in thrive, and the Colonists must have affairs. He and Darling held office for a dry climate, so he did not restrict sheep or they will not continue to be about the same time, yet Bourke called squatting in New South Wales. But, at wealthy'. At the same time he was anx- his council to 223 sittings and Darling the Cape, he had also penthe crown's ious to have towns and limited areas 85, and its printed reports ran to 691 land rights overlooked, and much of permanent settlement where land pages under Bourke, but only 152 revenue lost by mere occupation. In might be sold, permanent homes, under Darling. From the Colonial Office New South Wales, therefore, after schools and churches built, and police and Treasury in London, Bourke won approval from London, an Act was pas- and courts established. In l834 he had permission, which he had been refused sed in 1833 empowering commission- sought authority for a township at at the Cape, to submir an annual ers ta prevent the crown's rights in Twofold Bay, thinking that it would appropriation bill to his council, occupied crown lands from falling into bring the law and civilization closer to thereby reducing the 'absurd mystifica- abeyance. In 1836, partly because southern squatters,as well as providing tion' which, he believed, surrounded wealthy occupants complained of a port for their wool. Permission was colonial government and antagonized depredations by poorer squatters, and refused and he was told that no disper- some newcomers. In 1842, when the partly because he thought additional sion of population would be authoriz- colony was at last granted a Legislative powers of eviction were needed, the ed. Despite this rebuff, when he learnt Council similar to his proposal ih 1836, Crown Lands Occupation Act was pas- in 1835 that squatters were crossing Bourke could also claim that it was no sed. It provided for annual occupation from Van Diemen's Land to Port Phillip longer adequate because New South licences for depasturing stock on and*cl%imed to have a treaty with the Wales hcid developed so rapidly. unsurveyed 'runs' beyond the limits of Aboriginars, he pressed for the estab- Bourke's governorship was a period location, where commissioners of lishment of areas of permanent settle- The River Shannon at Castleconnell, Co. Limerick, about two miles from Thornfield,the residence ofSirRichardBourke. ment there, arguing that much evil transportation to New South Wales proved more difficult. In 1835 he had might be averted by the early introduc- was soon to stop, convicts were trans- sought permission to stand for election tion of official control. Meanwhile, to ported in greater numbers; in 1831 by the magistrates to the salaried post protect crown rights, he issued a proc- New South Wales had some 21,000 of chairman of the Quarter Sessions. lamation declaring that the agreement convicts, in 1837, some 32,000. In addi- Bourke refused because Riddell had no with the Aboriginals was void, and the tion, a scheme for assisting free mig- legal training and could not properly squatters were intruders. The Colonial rants, managed from London but paid combine the duties of chairman and Office acceded to Bourke's request and for from colonial funds, was tentatively treasurer. Riddell appeared to gave him wide discretion in the form of begun in 1832. When colonists were acquiesce. Soon afterwards, Bourke government to be established. Bourke angered by the unsuitable people sent gave the barrister, Roger Therry, per- acted at once. In September, 1836, he out under this scheme, Bourke iden- mission to stand, for, although he was sent Captain William Lonsdale to Port tified himself with the colonial view- commissioner of the Court of Phillip to act as police magistrate, milit- point, and, in 1835, appointed a select Requests, Bourke did not think that ary commander, head of the civil committee to examine the whole sub- office incompatible with the chairman- administration, and protector of ject. The evidence gave substance to ship. Therry, however, was unaccepta- Aborigines. Foundations were thus laid the complaints, and the committee ble to the 'exclusives' because of his for rapid but orderly development of recommended a plan on which Bourke warm support for Bourke, his author- the Port Phillip District. Bourke himself set in motion the so-called 'bounty' ship of a pamphlet criticizing the visited it in 1837, had a plan of streets system of immigration, controlled and unpaid magistracy, and his Catholi- drawn up and ordered the first organized from the colony. It cism. Bourke's opponents decided to hundred building lots to be measured supplemented, but did not displace, the run a rival candidate, chose Riddell, and offered for sale. 'l have had the ple- 'goverynent' system controlled from organized his campaign and won the asure of affixing Whig names in the England. In colonial eyes the 'bounty' election. Fanned by an excitable press Bush', he wrote to his son, 'Melbourne system was the better plan, and it into a major political issue, Riddell's is a beautiful site for a Town and there became one of the few of Bourke's election and Therry's defeat were seen will soon be a very pretty one erected'. measures supported by both political as a triumph for the 'exclusives' over At the request of the settlers, the first factions in the colony. With the aid of the governor and the 'liberals'. On per- county in the district was named after immigration, both penal and free, the sonal grounds, Bourke felt that Riddell him. population rose from about 51,000 in had acted dishonourably, and This visit to Port Phillip was only one 1831 to over 97,000 in 1838, and the excluded him from the Executive Coun- of Bourke's many tours, for he saw proportion of convicts to free persons cil, but allowed him to remain as colo- more of the country than most of his decreased. nial treasurer. Bourke believed that he predecessors. In his regime much new On 30th January, 1837, Bourke for- had this power but, when the matter territory was opened up by the con- mally resigned his governorship. His was referred to London, Glenelg ruled struction of main roads, and explora- decision was precipitated by a quarrel that Riddell must apologize and be tions, officially by T.L. Mitchell, and with C.D. Riddell, a culmipation of his reinstated in the Excecutive Council. It unofficially by squatters. Not only did continuous running fight with thel.av- appeared that a contradiction had been settlement spread widely but popula- lusives'. Alexander McLeay had been - found between Bourke's commission tion expanded. Although, in 1831, edged out of the colonial secretarysh*, and his instructions: while the former Bourke had Piten told in London that but the colonial treasurer, Riddell, gave him power to suspend members 'Melbourneis a beautifulsite fora Town and there willsoonbeaprettyone erected: of his Executive Council, the latter of South America, visiting again the practised as a barrister in Dublin. He named the colonial treasurer ex officio land of his former campaigns. Once became an assistant commissioner for a member of it. Although Glenelg, who again he settled down at hisThornfield, the Poor Law in Ireland in 1847, and was was friendly with Riddell's family, Co. Limerick, home, in his leisure edit- deputy-lieutenant for Limerick. made no effort to transfer the treasurer ing for publication the correspondence Bourke's eldest daughter, Mary Jane, to another colony or to reconcile the of Edmund Burke, in collaboration with married Dudley Perceval, clerk of the governor's contradictory orders, he Earl Fitzwilliam. In 1839 Bourke was council at the Cape of Good Hope and told Bourke that the government had appointed high sheriff for the County of later an official in the British Treasury. the highest regard for his administra- Limerick, and was offered, but His second daughter, Anne (1806- tion and urged him not to resign. How- declined, the governorship of Jamaica 1884), married Edward DeasThomson; ever, Bourke felt that his personal hon- and the comand-in-chief of the forces his youngest daughter, Frances, mar- our and his principles were in jeopardy, in India. He also declined to stand for ried Rev. John Jebb. and he confirmed his resignation. In Limerick in the parliamentary elections December, 1837, after his successor of 1841. He became a general on 11th had been appointed, he left the colony. November, 1855 In his later years he Bourke's high place in popular was partially bl~nd.He died suddenly HRA(l), 15-19; G.M.Theal (ed),RecordsofCapeCol- esteem was shown by the ovation on 13th August, 1855. ony, 23-35 (Cape Town, 1905); V & P (LC, NSW), which the crowd gave him on his He was a controversial figure in both 1824-37; Sel. Ctte. on Transportation, Reports PP departure. A fund to erect his statue the colonies he governed; his rule had (HC), 1837 (518), 1837-38 (669); J.W. Metcalfe, 'Gov- (which stands before the Public Library been humane and just, but at times his ernor Bourke', JRAHS, 30 (1944); H. King, 'Richard of New South Wales) was opened and enthusiasm, and the certitude that his Bourke and his two colonial administrations', rapidly filled. He was still in favour with own principles were right, had tended JRAHS,49 (1964);H. King, Aspectsof British colonial the British gbvernment, for Glenelg to outrun his discretion as an adminis- policy 1825-37 with particular reference to the wanted him to take over the govern- trator. He had great personal charm, administration of General Sir Richard Bourke (D. ment at the Cape, but Bourke's family made warm and lasting friendships, Phil, thesis, Univ. Oxford, 1960); CO 48168-133, 491 and friends in London declined on his and wasdeeply loved by hisfamily. 16-22, 5111-16,2011213-270,202125-38; Bourke pap- behalf. In 1837 he was gazetted lieut- Bourke's eldest son, John, was an ers (MLand Rhbdes House Lib,Oxfordl; Peel papers, Sf3'Ieral on 10th January, and colonel- invalid. His younger son, Richard v 171 (BM);Windham papers, v46 (BM). in-chief of the 64th Regiment on 29th (1812-1904). came to New South Wales November. In 1835 he had been isprivate secretary to his father from - -$ eprinted from the Australian amoihted K.C.B. 1831 to 1834; he returned to England to ~cfionaryof Biography, Bourke travelled to England by way study law, was called to the Bar and 7966edition, Vol. l).