1011 i " _. '~i·,o.-'-:7~O·'~~'~'~·~~~~ ~::~~j U---.-~~r~I~M-:' -I-, -SIR EDWARD McTIERNAN - A CENTENARY REFLECTION ·'. SIR EDWARD McTIERNAN --A A CENTENARY REFLECTION The HOllJustice Michael Kirby A.c. C.M.G. * 'rHEWORLDWORLD OF 1892 Concern about the defence of the had introduced a Home Rule Bill for Ireland'Ireland­ 'bvev,:nllfulyealf"," e\icntful year, a century has passedpa~ed Australasian colonies was also beginning to He declared that Britain's treatment 0\: Hie birth of Edward AloysiusAloySIUS agitate Whitehall. With the Canadian Ireland was a "broad and black blot" UpOi',upm, ,rna'll on 16 February 1892 at Glen Constitution behind them,3 the Imperial its record: :;~; ,New~evi SClulhlSouth W:,le,Wales. .. The second oflwQOflWO politicians were in a mood to look more "Ireland stands at your bar, expectam.expectam_ --·:':en of Patrick McTiernan, police sympathetically upon proposals for an hopefUl, almost suppliLutt.suppliLutt . .. She asks ,]:,r hIe/.andand Isabella McTiernanMcTiernan, (nee Australian Federation, if only the colonists blessed oblivion of the past, and in lha~:tha~: "Ild) carriecame tnilOinto a world on the brmkbrink of could agree amongst themselves. oblivion Ollr interest is deeper than.than eJlenher.j;evenher.J; political and legal changes. His life 0024On 24 October 1889, at Teoterfield,Tenterfield, New . .. Think, I beseech you, think wel~ thinj,~ South Wales, Henry Parkes made a stirring wisely, think, not for the momem but for thi. ';llIy.spanned11I~::~~;;~I':;h'kehwhOlethe whole history to date : (Commonwealth of Australia. It saw speechspeeCh in which he called for the years that are to come, before you reject thd Wvi~rs. great scientific and social replacement of the Federal Council with a bil/"6bill"6 j. s and the apogee and fall of the strong national Parliament having full But reject it they did. It was thrown od;; EOlpire. Instructive it is to reflect control over all matters concerning of the House of Commons by 343 votes tC;'t(' -Ilie world he entered and the Australasia as a whole. In the result, in 313. The Queen was asked to dissolvi: ro,'o,,:le,~versies which were agitating February 1890, a meeting in Melbourne of Parliament immediately. The electiok ;8 and the mother country at a time the leaders of the Australian colonies, campaign which followed was fought witt" :dward was born. together with two representatives from New unequalled bitterness. The Conservativ(ConselVativ( c" ..:ar" "Crn".before his birth, an event was to Zealand, discussed Parkes' proposals. They leader, Lord Salisbury, who had suggestec'l piilce: which affected the courseCOurse of his agreed to call a convention in the following that some' people - "hottentots anc~ In 1890, provision was first made for year. This convention met in March 1891 in hindoos" - were incapable of sel:,: >3ymenl of members of Parliament Sydney. It was the first Australian Federal government, was pressed on the entitlemen'lentitlemen'{ ':d, at the next general election in the Convention. It comprised 46 delegates from of the Irish to different treatment,7treatment.7 But thllthli :of New South Wales. With this all Colonia1Colonial Parliaments in Australasia. It final results of the election gave 31e·31e­ ,m,ent, in January 1890, the Trades met in the Chamber of the Legislative Conservatives and 78 Liberal Unionists ~~.~!_ ;bor Council decided to field Council of New South Wales, the oldest huge majority over 191 Gladstonia~: ,tes for the election. Plans were made elected body of the colonies. The first draft Liberals and 85 Irish Nationalists. Rura'~Rura-~ :Labor Electoral Leagues in every of an Australian Federal Constitution was England had voted against Irish reform:( 'l;lency. The first such League was agreed. The principal draftsman was Gladstone reSigned,resigned, to the profound relief of, ip, Balmain in March 1891. 1 In July, Samuel Griffith, the Queensland Premier. the Queen. She urged him not to encourag~,'encourag~,­ 'enlier, Henry Parkes went to the He did most to shape the draft which the the Irish to expect that they would ever hav(have',; ,.;;In its first election, the Leagues High Court yet to be created, was to expound HomeHorne Rule as that was "now impossible" .t­ M48,eal':948 seats... They won 35. TheytbenThey then and in which he, and later McTiernan, were Im~ssible is a word that should rarel) balance of power between the Free to serve. be written in history. rs; led by Parkes, and the Parkes' loss of office in 1891 in New Ireland's travails in Britain continueQI; taoists, led by George Dibbs. The South Wales appeared to set back the into the 1890's. Gladstone's hope~ Government resigned on 19th Federal cause. How much of this news depended upon the Liberal Irish al1iance.alliance. Ir;'Ir;· ',1891.1891. DibbsbecamePremier. The reached Constable McTiernan and his 1890 Charles Stewart Parnell was cited a~.\a~_\ ip of the Free Trade opposition family in Glen Innes can only be a, matter of co-respondent in a divorce suit. Pamel:.Pamel:, to George Reid. In January 1892, the speculation. Parkes was replaced by declined to resign. In the circumstances 0:,'0:,­ Annual General Conference of the Edmond Barton as the new "leader" of the the time this was a mortal blow to the frienru; ,ElectoralE~~:~~~::~::T~~:~~:~~~~eUPhonaLeagues met in the euphoria Federal Movement. In August 1894, of the cause of Irish Home Rule in Britain~: ~(Pecnt electoral triumph. The Leagues George Reid, now Premier, of New South Parnell married his lover in June 1891. H<i:Hli: ~JosePh Cook to be their first leader, Wales, called for a second Federal died, heartbroken, in October of that year. ': 19b there were already divisions Convention. This took place in 1897. It led An election was canedcalled in the middle of) ,st the representatives over the issues to a third session in Melbourne in 1898 and 1892. Gladstone emerged victorious te· l~Hrade or protection. labour was no to referenda throughout Australia in that and form his fourth Administration. He went tc;te:; ~r lxirn than factions formed within it. the foHowing year. In June 1900, on the Ostcme on 15th August 1892 to kiss the-;the'; oeearly stalwarts could scarcely have request of the Australian colonies, the hand of the Queen. She consigned him to ~:~:! ~ ,d,tpe future which lay before the Australian COllStiltltionConstiltltion Act was passed by bedroom where he found a c\1eap print of hiShiS! I I movenlentmOvement which they established. the Imperial Parliament.4 Queen Victoria old adversary Disraeli.9 It was during thi~i lId Come, by the time of McTiernan's gave her royal assent on the 9th July 1990. administration that Gladstone warned the: ~o Command the treasury benches in The Commonwealth of Australia came into Queen "on his own responsibility" of th~~ l!lonal Parliament and in all bUllWObut twO of being on 1 January 1901. The young "growing danger of a class war",1°war".1° He:: le,r ParliamcnlS of Australia. EdWardEdward McTiernan, not 8 years old, was to contended that the evils in British society; 1i!-t ~ational Parliament was still an idea play the part in its Parliament and in the had been aggravated largely "by thel 111 1,nds of the Federalists. In 1885, an Federal Supreme Court for which thethc prolongation and intensityintcnsity of the Iris", IAct had set up thethc Federal Council Constitution provided.S5 controversy". ThisThistimetheHomeRuleBilll lime the Home Rule Billl 2 """"13.<alasia. TheThc Council lacked In Britain the events of far away secured its majority in the Commons in Apnl: power and<lad ;Joyany provision for AntipcxleanAnLipcxlenn colonies were less pressing than 1893. ButBUlthe the Lords rejected it by a crUShing: 'nc~pt:nd'nt pendent revenue. Henry ParkesPmkes other concernsconccrns closer to home. In 1886 the majority of 419 to 41. It was said that not <\'<\­ an obstncleI \0to a true federation.fcdermion. PrimePrimc Minister, William EW<lrtEWllrt GladstoneGladstonc dog barked from John Q'GroatsO'Groats to l.and'~!land'~! I iI "ith Ireland. The visited the Australian War Memorials and claim to be one ofthe two principal forces '~:~Jn due course, graveyards of Northern France will Australian politiCS. Labor held its majorit' I~ •I differently the understand the JXlignant likelihood of this until June 1913 when Joseph Cook forme~ ;l~s might have been speculation. a Government with the majority ofone. ~ Ifts~losecure Home Settled in Leichhardt, Edward Government remained in office when Wi. leg;;W~~ad, a chancre McTiernan was sent to the Christian was declared in August 1914, But within .5t./Ithas not yet been Brothers'Brotbers' School at Lewisham. Later hebe month, in a general election, the Fish 1~~tP_~.experience of attended the Marist Brothers' School at Government was returned with sweepi :Tieman, growing in Darlinghurst.Darlingburst. That school, until its recent victories. Those victories soon turned t:of Irish ,stock, and closure, boasted thetbe Edward McTiernan acrimonious disputes. W. M. Hugh Prize. When it was closed, it was became Prime Mnister, in succession amalgamated in an associated school run by Fisher. In 1915 he set upon efforts the Marist order in Canberra. It continues its persuade Australians to tbethe cause ;.~r~.~up inMetz, later association with Edward McTiernan. To it, conscription to fight in the European w: conscription to fight iin~~th~je~u~,~r~;~~i~~~! ;sirtaU)own in' the New his widow committed a number of The Roman Catholic CCoadjutor . Archbish! \W:SQuth Wales. It was memorabilia of the famous student of thetbe of Melbourne, Dr. Daniel Manni early days of the century. ls16reethousand souls addressed huge church ga[ht:ri"gsgatherings i~ S:':f'a~be[', In 1908 Edward McTiernan ·theconstable.