Edmund Barton
   HOME

TheInfoList



OR:

Sir Edmund "Toby" Barton (18 January 18497 January 1920) was an Australian politician, barrister and jurist who served as the first
prime minister of Australia The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister is the chair of the Cabinet of Australia and thus the head of the Australian Government, federal executive government. Under the pr ...
from 1901 to 1903. He held office as the leader of the
Protectionist Party The Protectionist Party, also known as the Protectionist Liberal Party or Liberal Protectionist Party, was an Politics of Australia, Australian political party, formally organised from 1887 until 1909, with policies centred on protectionism. T ...
, before resigning in 1903 to become a founding justice of the
High Court of Australia The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was establi ...
, on which he served until his death in 1920. Barton is regarded as a founding father of Australia, a principal leader in the federation of the Australian colonies and a drafter of the Commonwealth Constitution. Barton was an early supporter of the federation of the Australian colonies, the goal of which he summarised as "a nation for a continent, and a continent for a nation". After the retirement of
Henry Parkes Sir Henry Parkes, (27 May 1815 – 27 April 1896) was a colonial Australian politician and the longest-serving non-consecutive Premier of New South Wales, premier of the Colony of New South Wales, the present-day state of New South Wales in ...
he came to be seen as the leader of the federation movement in New South Wales. He was a delegate to the constitutional conventions, playing a key role in the drafting of a national constitution, and was one of the lead campaigners for federation in the subsequent referendums. In late 1900, despite the initial " Hopetoun Blunder", Barton was commissioned to form a
caretaker government A caretaker government, also known as a caretaker regime, is a temporary ''ad hoc'' government that performs some governmental duties and functions in a country until a regular government is elected or formed. Depending on specific practice, it co ...
as Australia's first prime minister. His term began on 1 January 1901, the date on which federation occurred. At the first federal election in March 1901, Barton and the Protectionists won the most seats, but were well short of a majority. He was able to remain as prime minister by forming an alliance with the fledgling
Australian Labor Party The Australian Labor Party (ALP), also known as the Labor Party or simply Labor, is the major Centre-left politics, centre-left List of political parties in Australia, political party in Australia and one of two Major party, major parties in Po ...
(ALP), which held the balance of power. The Barton government established a number of new national institutions, including the
Australian Defence Force The Australian Defence Force (ADF) is the Armed forces, military organisation responsible for the defence of Australia and its national interests. It consists of three branches: the Royal Australian Navy (RAN), Australian Army and the Royal Aus ...
and the Commonwealth Public Service. It introduced nation-wide women's suffrage, and laid the foundations of the White Australia policy with the '' Immigration Restriction Act 1901''. Barton left politics in 1903 to become one of the three founding members of the High Court, which his government had created. He was succeeded as prime minister by
Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia, prime minister of Australia from 1903 to 1904, 1905 to 1908, and 1909 to 1910. He held office as the leader of th ...
. On the court, Barton was able to shape the judicial interpretation of the constitution he had helped write.


Early life

Barton was born on 18 January 1849 in Glebe, Sydney, New South Wales. He was the eleventh of twelve children born to Mary Louisa (née Whydah) and William Barton. He had seven sisters and four brothers, including the writer George Burnett Barton. Three of his siblings died during his childhood. His given name had not previously been used in the family, and may have been in honour of the recently deceased explorer Edmund Kennedy. Barton's parents were both born in London, England, although his father's family was originally from
Devon Devon ( ; historically also known as Devonshire , ) is a ceremonial county in South West England. It is bordered by the Bristol Channel to the north, Somerset and Dorset to the east, the English Channel to the south, and Cornwall to the west ...
. They arrived in the Colony of New South Wales in 1827, and all but two of their children were born in Australia. William Barton worked variously as an accountant, bazaar proprietor, stockbroker, and real estate agent. His business ventures were not always successful, and he went bankrupt on one occasion.


Childhood and education

Barton spent his early years in Glebe, but in 1851 the family moved into the inner city, living on Cumberland Street in The Rocks. He had a relatively comfortable upbringing, although his father faced financial difficulties on a number of occasions. To support the family during those periods, his mother ran a boarding school for girls. His parents were both highly literate, and his mother in particular "provided much of the direction and encouragement for Edmund's impressive academic achievement". Barton began his formal education at what is now the Fort Street Public School. He later attended
Sydney Grammar School Sydney Grammar School (SGS, colloquially known as Grammar) is an independent, non-denominational day school for boys, located in Sydney, Australia. Incorporated in 1854 by an Act of Parliament and opened in 1857, the school claims to offer "c ...
, possibly as one of the first students after the school's opening in 1857. One of his close friends in his youth was Richard O'Connor, who would eventually join him on the High Court. Barton was the dux and school captain at Sydney Grammar in 1863 and 1864. He matriculated at the
University of Sydney The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...
in 1865, aged 16, and was awarded a special prize by the university senate. Barton failed to win one of the three entrance scholarships to the University, owing to "an insufficiency of mathematics". At university, Barton specialised in
classics Classics, also classical studies or Ancient Greek and Roman studies, is the study of classical antiquity. In the Western world, ''classics'' traditionally refers to the study of Ancient Greek literature, Ancient Greek and Roman literature and ...
but also studied English literature, mathematics, physics, and French. He became fluent in Ancient Greek and Latin, and retained a command of both later in life. A new professor, Charles Badham, arrived in 1867 and was a "profound influence". Barton won scholarships in his second and third years. He graduated Bachelor of Arts in 1868 with first-class honours, and was awarded the equivalent of the University Medal as well as a prize of £20. He proceeded to Master of Arts by examination in 1870.


Sporting activities

Barton was a member of the Sydney University Cricket Club and a founding member of the Sydney Rowing Club. On a cricketing trip to
Newcastle Newcastle usually refers to: *Newcastle upon Tyne, a city and metropolitan borough in Tyne and Wear, England, United Kingdom *Newcastle-under-Lyme, a town in Staffordshire, England, United Kingdom *Newcastle, New South Wales, a metropolitan area ...
in 1870 he met Jane Mason Ross, whom he married in 1877. In 1879, Barton umpired a cricket match at
Sydney Cricket Ground The Sydney Cricket Ground (SCG) is a sports stadium in the Moore Park, New South Wales, Moore Park suburb of Sydney, New South Wales, Australia. It is used for Test cricket, Test, One Day International and Twenty20 cricket, as well as, Australi ...
between
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
and an English touring side captained by Lord Harris. After a controversial decision by Barton's colleague George Coulthard against the home side, the crowd spilled onto the pitch and assaulted some of the English players, leading to international cricket's first riot. In the subsequent public controversy, George Reid censured Coulthard and absolved the crowd, while Barton defended Coulthard and did not spare the crowd. The publicity that attended the young Barton's presence of mind in defusing that situation reputedly helped him take his first step towards becoming Australia's first prime minister, winning a state lower house seat later that year.


New South Wales politics

In
1876 Events January * January 1 ** The Reichsbank opens in Berlin. ** The Bass Brewery Red Triangle becomes the world's first registered trademark symbol. *January 27 – The Northampton Bank robbery occurs in Massachusetts. February * Febr ...
Barton stood for the
New South Wales Legislative Assembly The New South Wales Legislative Assembly is the lower of the two houses of the Parliament of New South Wales, an Australian state. The upper house is the New South Wales Legislative Council. Both the Assembly and Council sit at Parliament House ...
in the poll of the graduates of the
University of Sydney The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...
(who were required to wear gowns for the occasion), but was beaten by William Charles Windeyer 49 votes to 43. When Windeyer resigned, Barton won the 1879 by-election. When it was abolished in 1880, he became the member for
Wellington Wellington is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the third-largest city in New Zealand (second largest in the North Island ...
, from November 1880 to 1882, and East Sydney, from November 1882 to January 1887. At this stage he considered it "almost unnecessary" to point out his support for free trade. In 1882, he became
Speaker of the New South Wales Legislative Assembly The Speaker of the New South Wales Legislative Assembly is the presiding officer of the Legislative Assembly, New South Wales's lower chamber of Parliament. The current Speaker is Greg Piper, who was elected on 9 May 2023. Role The Speaker p ...
. He was aged only 33, and was the youngest person to have been chosen presiding officer of any Australian legislative chamber. In 1884 he was elected President of the University of Sydney Union. In 1887, he was appointed to the
New South Wales Legislative Council The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the Parliament of New South Wales, parliament of the Australian state of New South Wales. Along with the New South Wales Legislative As ...
at the instigation of Sir
Henry Parkes Sir Henry Parkes, (27 May 1815 – 27 April 1896) was a colonial Australian politician and the longest-serving non-consecutive Premier of New South Wales, premier of the Colony of New South Wales, the present-day state of New South Wales in ...
. In January 1889, he agreed to being appointed Attorney General of New South Wales in George Dibbs's
Protectionist Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulations. ...
government, despite his previous support for free trade. This government lasted only until March, when Parkes formed a government again.


Campaign for federation


1891 National Australasian Convention

Barton was an early supporter of federation, which became a serious political agenda after Henry Parkes' Tenterfield Oration, and was a delegate to the March 1891 National Australasian Convention. At the convention he made clear his support for the principle that "trade and intercourse ... shall be absolutely free" in a federal Australia. He also advocated that not just the lower house but also the upper house should be representative and that appeals to the Privy Council should be abolished. He also took part in producing a draft constitution, which was substantially similar to the
Constitution of Australia The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
enacted in 1900. Nevertheless, the protectionists were lukewarm supporters of federation and in June 1891, Barton resigned from the Council and stood for election to East Sydney and announced that "so long as Protection meant a Ministry of enemies to Federation, they would get no vote from him". He topped the poll and subsequently voted with Parkes, but refused to take a position in his minority government. After the Labor Party withdrew support and the government fell in October 1891, Parkes persuaded him to take over the leadership of the Federal movement in New South Wales.


Second Attorney-Generalship

Dibbs formed a Protectionist government in New South Wales, and Barton agreed to return to the office of Attorney General, with the right of carrying out private practice as a lawyer. His agreement was based on Dibbs agreeing to support federal resolutions in the coming parliamentary session. His attempt to draft the federal resolutions was delayed by a period as acting
Premier of New South Wales The premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster system, Westminster Parliamentary System, with a Parliament of New South Wales actin ...
, during which he had to deal with the 1892 Broken Hill miners' strike and the carriage of a complex electoral reform bill. He introduced the federal resolutions into the House on 22 November 1892, but was unable to get them considered in committee. Meanwhile, he began a campaign to spread support for federation to the people with meetings in Corowa and
Albury Albury (; ) is a major regional city that is located in the Murray River, Murray region of New South Wales, Australia. It is part of the twin city of Albury–Wodonga, Albury-Wodonga and is located on the Hume Highway and the northern side of ...
in December 1892. Although he finally managed to get the federal resolutions considered in committee in October 1893, he then could not get them listed for debate by the House. In December, he and Richard O'Connor, the
Minister for Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, were questioned about their agreement to act as private lawyers against the government in '' Proudfoot v. the Railway Commissioners''. While Barton resigned the brief, he lost a motion on the right of ministers to act in their professional capacity as lawyers in actions against the government, and immediately resigned as Attorney-General. In July 1894, Barton stood for re-election for
Randwick Randwick is a suburb in the Eastern Suburbs of Sydney, in the state of New South Wales, Australia. Randwick is located 6 kilometres south-east of the Sydney central business district and is the administrative centre for the local government ar ...
, since the electorate of East Sydney had been abolished, and lost. He did not stand for election in the 1895 election, very possibly because of financial difficulties. However, he continued to campaign for federation and during the period between January 1893 to February 1897, Barton addressed nearly 300 meetings in New South Wales, including in the Sydney suburb of Ashfield where he declared that "For the first time in history, we have a nation for a continent and a continent for a nation". By March 1897, he was considered "the acknowledged leader of the federal movement in all Australia".


Australian Federal Convention and referendum

In 1897, Barton topped the poll of the delegates elected from New South Wales to the Constitutional Convention, which developed a constitution for the proposed federation. Although
Sir Samuel Griffith Sir Samuel Walker Griffith (21 June 1845 – 9 August 1920) was an Australian judge and politician who served as the inaugural Chief Justice of Australia, in office from 1903 to 1919. He also served a term as Chief Justice of Queensland and t ...
wrote most of the text of the Constitution, Barton was the political leader who carried it through the Convention. In May 1897, Barton was appointed for the second time to the Legislative Council on Reid's recommendations to take charge of the federation bill in the Upper House. This gave Reid's Attorney-General, Jack Want, a free hand to oppose the bill. In September 1897, the convention met in
Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
to consider 286 proposed amendments from the colonies. It finalised its draft constitution in March 1898 and Barton went back to New South Wales to lead the campaign for a yes vote in the June referendum. Although it gained majority support, it achieved only 71,595; 80,000 was the minimum number for it to pass. In July 1898 Barton resigned from the Upper House to challenge Reid for the seat of Sydney-King in the 1898 general election, but narrowly lost. In September, he won a
by-election A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections. A vacancy may arise as a result of an incumben ...
for Hastings and Macleay and was immediately elected
leader of the opposition The Leader of the Opposition is a title traditionally held by the leader of the Opposition (parliamentary), largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the ...
, which consisted of a mixture of pro-federation and anti-federation protectionists. In January 1899 Reid gained significant concessions from the other states and he joined Barton in campaigning for the second referendum in June 1899, with Barton campaigning all over the state. It passed 107,420 votes to 82,741. In August 1899 when it became clear that the Labor Party could be manoeuvred into bringing down the Reid government, Barton resigned as leader of the opposition, as he was unacceptable to Labour, and
William Lyne Sir William John Lyne Order of St Michael and St George, KCMG (6 April 1844 – 3 August 1913) was an Australian politician who served as Premier of New South Wales from 1899 to 1901, and later as a federal cabinet minister under Edmund Barton ...
took his place. He allegedly refused an offer to become Attorney-General again. Barton's Convention colleague, J.T. Walker, wrote at the time, "Barton is not well off financially, and some of his friends (he has many) are trying to help him. They would not be so ready to do so were he to join Lyne". He resigned from Parliament in February 1900 so that he could travel to London with
Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia, prime minister of Australia from 1903 to 1904, 1905 to 1908, and 1909 to 1910. He held office as the leader of th ...
and Charles Kingston to explain the federation bill to the
Government of the United Kingdom His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.
. Around the same time on 15 January 1900 Barton published a 28-page ''United Australia'' magazine to disseminate an informative narrative for the propositions of a future Federal Government that he hoped to lead. The British Government was adamant in its opposition to the abolition of appeals to the Privy Council as incorporated in the draft constitution; eventually, Barton agreed that constitutional (''
inter se ''Inter se'' (also styled as ''inter sese'') is a Legal Latin phrase that means " ong or between themselves"., ''Inter se'' 819 (6th Ed.). The phrase is "used to distinguish rights or duties between two or more parties from their rights or duty ...
'') matters would be finalised in the
High Court of Australia The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was establi ...
, but other matters could be appealed to the Privy Council. Edmund was a Justice of the High Court for 16 years.


Prime minister


Appointment

Barton was appointed
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
on 1 January 1901, the day on which the new federal constitution came into effect. He and various other dignitaries were driven through the streets of Sydney in a procession watched by thousands of onlookers, beginning in The Domain and ending at Centennial Park. A swearing-in ceremony for the new government was held at the purpose-built Federation Pavilion. The main focus was on Lord Hopetoun, Australia's first
governor-general Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...
, who swore three separate oaths and read a message from
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in January 1901. Her reign of 63 year ...
. Barton and his ministry only took oaths of allegiance, and were not formally sworn in to the Federal Executive Council until later in the afternoon. The events of the day were captured on film and distributed under the title '' Inauguration of the Commonwealth'', although the visibility of the leading participants is poor. The film has been described as Australia's first feature-length documentary. Barton had only been commissioned to form a government one week before he became prime minister, due to what became known as the " Hopetoun Blunder". The new governor-general Lord Hopetoun arrived in Australia on 15 December 1900. He was tasked by the
Colonial Office The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created in 1768 from the Southern Department to deal with colonial affairs in North America (particularly the Thirteen Colo ...
with selecting someone to form a caretaker government prior to the first federal election; this individual would be Australia's first prime minister. It was widely assumed that Barton would be offered the position, and he had begun making preparations for the role, including a draft platform for the first federal elections. On 19 December, however, Hopetoun commissioned
William Lyne Sir William John Lyne Order of St Michael and St George, KCMG (6 April 1844 – 3 August 1913) was an Australian politician who served as Premier of New South Wales from 1899 to 1901, and later as a federal cabinet minister under Edmund Barton ...
to form a government. His reasons for doing so have been debated, but his decision was widely regarded as a mistake. Lyne, the premier of New South Wales, had actively campaigned against federation, and the leading politicians in each of the other colonies refused to serve under him. On 24 December, he informed Hopetoun that he was unable to form a government and advised him to send for Barton. As a result, the composition of Australia's first cabinet was not formally announced until 30 December, two days before it was sworn in.


Caretaker ministry and first election

Barton assembled a ministry that was described variously as a "cabinet of kings", "orchestra of conductors", and "army of generals". It comprised four incumbent colonial premiers (including Lyne), two former premiers, and Barton's key allies
Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia, prime minister of Australia from 1903 to 1904, 1905 to 1908, and 1909 to 1910. He held office as the leader of th ...
and Richard O'Connor. Deakin was ranked second in cabinet after Barton, and O'Connor would become the inaugural Leader of the Government in the Senate. Only one change was made to the ministry prior to the election, necessitated by the death of James Dickson on 10 January. Barton took on the external affairs portfolio himself and conducted official business through the Department of External Affairs, as there was no prime minister's department until 1911. The first goal for Barton and his ministry was to retain office at the first federal elections, which were held in late March 1901. His old rival
George Reid Sir George Houston Reid (25 February 1845 – 12 September 1918) was a Scottish-born Australian and British politician, diplomat, and barrister who served as the fourth Prime Minister of Australia, prime minister of Australia from 1904 t ...
became the chief opponent of the government during the campaign and the ''de facto'' opposition leader. There were no national political parties in 1901, but most candidates self-declared as either protectionists or free-traders, following the primary divide in colonial politics. Reid, a free trader, made the tariff issue his primary focus, but its significance was diminished by the fact that the new federal government would have to depend on tariffs for its revenue. Barton instead delivered "an electoral masterstroke" by making White Australia the centrepiece of the government's campaign, thereby attracting many working-class voters concerned about "coloured labour". Supporters of the government won 32 out of the 75 seats in the
Australian House of Representatives The House of Representatives is the lower house of the bicameralism, bicameral Parliament of Australia, the upper house being the Australian Senate, Senate. Its composition and powers are set out in Chapter I of the Constitution of Australia. ...
, with their grouping calling itself the
Protectionist Party The Protectionist Party, also known as the Protectionist Liberal Party or Liberal Protectionist Party, was an Politics of Australia, Australian political party, formally organised from 1887 until 1909, with policies centred on protectionism. T ...
(or Liberal Protectionists). Barton himself was elected unopposed in the
Division of Hunter The Division of Hunter is an Australian electoral division in the state of New South Wales. The division was proclaimed in 1900, and was one of the original 65 divisions to be contested at the first federal election. The division was named ...
, having previously represented the area in the New South Wales parliament. The government's continuation was secured by the support of the newly formed
Australian Labor Party The Australian Labor Party (ALP), also known as the Labor Party or simply Labor, is the major Centre-left politics, centre-left List of political parties in Australia, political party in Australia and one of two Major party, major parties in Po ...
(ALP), which had 17 MPs. Reid and his
Free Trade Party The Free Trade Party (FTP), officially known as the Free Trade and Liberal Association and also referred to as the Revenue Tariff Party in some states, was an Australian political party. It was formally organised in 1887 in New South Wales, in ...
formed the
official opposition Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term ''government'' as it is used in Parliamentary systems, i.e. meaning ''t ...
with 26 MPs. The situation in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
was similarly complicated, with the government's position even less secure. However,
party discipline The term party discipline is used in politics in two closely related, yet distinct, meanings. In a broad sense (also known as party cohesion), the discipline is adherence of the party members at large to an agreed system of political norms and ru ...
was virtually non-existent and Barton was widely seen as having won a mandate to govern.


Domestic policy

Barton outlined his platform for the first federal election at a speech on 17 January 1901, delivered at the West Maitland Town Hall within his prospective electorate. His plans included the establishment of the federal capital, the High Court and the
Inter-State Commission The Inter-State Commission, or Interstate Commission, is a defunct Constitution of Australia, constitutional body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relati ...
, and a "moderately protectionist tariff" in order to raise the revenue to introduce old-age pensions and a uniform postal system. He also promised to introduce
universal suffrage Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the " one person, one vote" principle. For many, the term universal suffrage assumes the exclusion ...
for federal elections, build the
Trans-Australian Railway The Trans-Australian Railway, opened in 1917, runs from Port Augusta railway station, Port Augusta in South Australia to Kalgoorlie railway station, Kalgoorlie in Western Australia, crossing the Nullarbor Plain in the process. Built to standa ...
, legislate to allow federal intervention in industrial disputes, and ban immigration from Asia and the Pacific Islands. In April 1901, Barton announced that the government would sponsor a
competition Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, indi ...
to design a new national flag for Australia. The winning design was the basis for the current Australian national flag, although Barton personally favoured the existing Australian Federation Flag that had been popular in New South Wales for many years. As it was primarily intended to be used in shipping, the design had to be submitted to the
British Admiralty The Admiralty was a Departments of the Government of the United Kingdom, department of the Government of the United Kingdom that was responsible for the command of the Royal Navy. Historically, its titular head was the Lord High Admiral of the ...
for approval and was not officially adopted until 1903. An early piece of legislation of the Barton government was the ''Immigration Restriction Act'' 1901, which put the White Australia policy into law. The Labour Party required legislation to limit immigration from Asia as part of its agreement to support the government, but Barton had promised the introduction of the White Australia Policy in his election campaign. Barton stated, "The doctrine of the equality of man was never intended to apply to the equality of the Englishman and the Chinaman". One notable reform was the introduction of women's suffrage for federal elections in 1902. Barton was a moderate conservative, and advanced liberals in his party disliked his relaxed attitude to political life. A large, handsome, jovial man, he was fond of long dinners and good wine, and was given the nickname "Toby Tosspot" by '' The Bulletin''.


External affairs

For much of 1902, Barton was in England for the
coronation A coronation ceremony marks the formal investiture of a monarch with regal power using a crown. In addition to the crowning, this ceremony may include the presentation of other items of regalia, and other rituals such as the taking of special v ...
of King
Edward VII Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom and the British Dominions, and Emperor of India, from 22 January 1901 until Death and state funeral of Edward VII, his death in 1910. The second child ...
, which was postponed from June to August, delaying Barton's return. Accompanying him on this trip was Sir
John Forrest Sir John Forrest (22 August 1847 – 2 SeptemberSome sources give the date as 3 September 1918 1918) was an Australian explorer and politician. He was the first premier of Western Australia (1890–1901) and a long-serving cabinet minister in ...
, Minister for Defence, and the trip was also used to negotiate the replacement of the naval agreements between the Australian colonies and the United Kingdom (under which Australia funded
Royal Navy The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...
protection from foreign naval threats) by an agreement between the Commonwealth and the United Kingdom at the 1902 Colonial Conference. Deakin disliked this arrangement and discontinued it, moving for a substantial expansion of Australia's own navy in 1908. On their way home from the United Kingdom, Barton and Forrest visited Canada, including Toronto, Ottawa (where they were guests of the Governor-General), and the Pacific Coast.


Retirement

On 24 September 1903, Barton resigned as prime minister to become one of the founding justices of the High Court of Australia. Speculation about his political future had been rife for several months, particularly after the '' Judiciary Act 1903'' was passed in August. There were several factors at play in his decision to retire from politics. Some within his own party thought that he lacked the energy and commitment to continue as the leader of the government. Barton had also suffered from bouts of ill health, including a fainting spell in his office earlier in the year. He was advised by his doctor to quit active politics. Finally, he had a history of financial difficulties and appreciated the security that a lifetime appointment would bring. The appointment of the new judges was made by the governor-general on the advice of cabinet, many of whom had ambitions of their own and encouraged Barton to accept the post. His appointment was largely uncontroversial, given his role in drafting the constitution, experience as a barrister, and acceptance of a
puisne judge Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning ...
ship rather than the position of chief justice.


High Court Justice

Barton was sworn in to the High Court on 7 October 1903, along with his close friends Samuel Griffith and Richard Edward O'Connor; Griffith became the inaugural
Chief Justice of Australia The chief justice of Australia is the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Stephen Gageler, since 6 November 2023. Constitutional basis Th ...
. The new justices had worked together in drafting the constitution and habitually lunched together. As a result of their closeness and the small number of cases heard, there were few dissents in the early years of the court. Deakin succeeded Barton as prime minister, but the government performed poorly at the December 1903 election. The
hung parliament A hung parliament is a term used in legislatures primarily under the Westminster system (typically employing Majoritarian representation, majoritarian electoral systems) to describe a situation in which no single political party or pre-existing ...
allowed
Chris Watson John Christian Watson (born Johan Cristian Tanck; 9 April 186718 November 1941) was an Australian politician who served as the third prime minister of Australia from April to August 1904. He held office as the inaugural federal leader of the Au ...
and the ALP a chance to form government in April 1904, but it was short-lived and
George Reid Sir George Houston Reid (25 February 1845 – 12 September 1918) was a Scottish-born Australian and British politician, diplomat, and barrister who served as the fourth Prime Minister of Australia, prime minister of Australia from 1904 t ...
succeeded Watson as prime minister in August. Later in the year, the court came into conflict with Josiah Symon, Reid's appointee as attorney-general. Symon objected to the judges hearing cases in each of the state capitals, believing the court should sit only in
Melbourne Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victori ...
and
Sydney Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
, and also thought their travelling expenses were excessive. Relations between the government and the court became so strained that the judges contemplated refusing to hear cases, and Barton seriously considered resigning. The situation was only resolved in June 1905 when Deakin returned as prime minister.


Court dynamics

The Deakin government added two extra judges to the High Court in 1906, appointing former attorneys-general H. B. Higgins and
Isaac Isaacs Sir Isaac Alfred Isaacs, (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Au ...
. Their elevation brought an adversarial aspect to the court for the first time, as the new judges were political radicals and had not been involved in drafting the constitution. Barton and Griffith formed a conservative bloc, almost always joined by O'Connor. Barton did not dissent from Griffith in the first eight years of the court's existence. In the 44 cases heard by the court from 1904 to 1905 he delivered only 12 separate judgments, choosing to join Griffith's opinion in every other case. Some writers have taken this as indicative of laziness or reluctance to lead the court. However, others have suggested that his lack of separate judgments was not representative of his work ethic and reflected more a general dislike of
concurring opinion In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the bas ...
s as liable to complicate the interpretation of rulings. Barton was acting chief justice for nine months in 1913, while Griffith was overseas. The same year saw a major shift in the composition of the court, with two new seats created and a third judge appointed to fill the vacancy caused by O'Connor's death. One of the new judges was Barton's friend
Albert Piddington Albert Bathurst Piddington KC (9 September 1862 – 5 June 1945) was an Australian lawyer, politician and judge. He was a member of the High Court of Australia for one month in 1913, making him the shortest-serving judge in the court's hi ...
, whose appointment proved controversial due to his political views. He resigned from the court after a month, despite Barton's attempts to convince him to stay. The three vacancies were eventually filled by
Frank Gavan Duffy Sir Frank Gavan Duffy (29 February 1852 – 29 July 1936) was an Australian judge who served as the fourth Chief Justice of Australia, in office from 1931 to 1935. His total service on the High Court of Australia was from 1913 to 1935. Pri ...
, Charles Powers and George Rich, none of whom had been involved in the drafting of the constitution. As a result, Barton and Griffith increasingly found themselves in a minority on constitutional matters, seeking to preserve the intentions of the framers rather than allow the constitution to evolve. The new judges were also less familiar with the North American federal precedents that the original judges had often relied upon. The influx of new voices contributed to Barton's movement away from Griffith, as he showed "a return of energy and initiative ..greater independence and at times disagreement" than in his earliest years on the court.


Notable cases

In '' D'Emden v Pedder'' (1904), the High Court formulated a doctrine of implied immunity of instrumentalities, modelled closely on the American concept of intergovernmental immunity which Barton and the other authors of the constitution had closely studied. The court followed this precedent in '' Deakin v Webb'' (1904), which was subsequently overturned by the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...
in '' Webb v Outtrim'' (1906). Barton was angered by the Privy Council's intervention, having always believed the High Court should be the final court of appeal. In personal correspondence he described the 83-year-old presiding judge Lord Halsbury as an "old pig" who did not understand the needs of a federation. Sitting as the Court of Disputed Returns, Barton was the sole judge in '' Blundell v Vardon'' (1907), where he ruled that Joseph Vardon's election to the Senate was void due to electoral irregularities. He joined with Griffith and O'Connor in the majority opinion in '' R v Barger'' (1908), "the High Court's most decisive intervention to date in thwarting social reforms passed by the Commonwealth parliament". In a series of cases around the same time, the trio also restricted the powers of the
Commonwealth Court of Conciliation and Arbitration The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of i ...
. Barton and Griffith split notably in '' New South Wales v Commonwealth'' (1915), with the court voting 4–2 to strip the
Inter-State Commission The Inter-State Commission, or Interstate Commission, is a defunct Constitution of Australia, constitutional body under Australian law. The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relati ...
of any judicial power, much to Barton's dismay. Only Gavan Duffy sided with his argument that parliament should determine the commission's powers rather than the court. The decision was "a rebuff to Barton's authority as an interpreter of the Constitution and his special authority as one of its draftsman". During World War I, Barton joined the majority in '' Farey v Burvett'' (1915), which saw the court adopt a broad view of the federal government's defence power. In ''Duncan v Queensland'' (1916), he and Isaacs were the only dissenters from the court's interpretation of section 92 of the constitution. With Griffith authoring the majority opinion, the court held that state governments could circumvent the constitution's free-trade provisions simply by banning the movement of goods across state boundaries. Barton expressed a "heavy sorrow" at the court's decision and Isaacs was highly critical. In 1920, after Barton's death, Isaacs led the court in reversing ''Duncan'', in what became known as the '' Engineers' case''.


Other activities and final years

Along with Griffith, Barton was several times consulted by Governors-General of Australia on the exercise of the
reserve power In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state (or their representative) without the approval of another branch or part of th ...
s. In 1919, although ill, he was extremely disappointed to be passed over for the position of Chief Justice on the retirement of Griffith.


Death and family

Barton died on 7 January 1920 from heart failure at the
Hydro Majestic Hotel The Hydro Majestic Hotel is located in Medlow Bath, New South Wales, Australia. The hotel is located on a clifftop overlooking the Megalong Valley on the western side of the Great Western Highway. The hotel is heritage listed and is notable fo ...
,
Medlow Bath, New South Wales Medlow Bath (Postcodes in Australia, postcode: 2780) is a village located near the highest point of the Blue Mountains (Australia), Blue Mountains, New South Wales, Australia. Located between and , its altitude is about . It is about west-nor ...
. He was interred in South Head General Cemetery in the Sydney suburb of
Vaucluse Vaucluse (; or ) is a department in the southeastern French region of Provence-Alpes-Côte d'Azur. It had a population of 561,469 as of 2019.
(see
Waverley Cemetery The Waverley Cemetery is a Heritage register, heritage-listed cemetery on top of the cliffs at Bronte, New South Wales, Bronte in the eastern suburbs of Sydney, New South Wales, Australia. Opened in 1877 and built by R. Watkins (cemetery lodge, ...
). He was survived by his
wife A wife (: wives) is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment; or until death, depending on the kind of marriage. On t ...
and six children: * Edmund Alfred (29 May 1879 – 13 November 1949), a New South Wales judge * Wilfrid Alexander (1880–1953), first NSW
Rhodes Scholar The Rhodes Scholarship is an international Postgraduate education, postgraduate award for students to study at the University of Oxford in Oxford, United Kingdom. The scholarship is open to people from all backgrounds around the world. Esta ...
(1904) * Jean Alice (1882–1957), married Sir David Maughan (1873–1955) in 1909 * Arnold Hubert (3 January 1884 – 1948), married Jane Hungerford in Sydney 1907; he later emigrated to Canada * Oswald (8 January 1888 – 6 February 1956), medical doctor * Leila Stephanie (1892–1976), married Robert Christopher Churchill Scot Skirving, son of Sydney doctor Robert Scot Skirving, in London 1915 Barton's nephews via his older sister Harriet included Victorian federal MP Arthur Robinson and businessmen Lionel and William Sydney Robinson.


Honours

Barton refused knighthoods in 1887, 1891 and 1899, but agreed to be appointed a Knight Grand Cross of the
Order of St Michael and St George The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George, Prince of Wales (the future King George IV), while he was acting as prince regent for his father, King George III ...
(GCMG) in the 1902 Coronation Honours list published on 26 June 1902, and was invested by King
Edward VII Edward VII (Albert Edward; 9 November 1841 – 6 May 1910) was King of the United Kingdom and the British Dominions, and Emperor of India, from 22 January 1901 until Death and state funeral of Edward VII, his death in 1910. The second child ...
at
Buckingham Palace Buckingham Palace () is a royal official residence, residence in London, and the administrative headquarters of the monarch of the United Kingdom. Located in the City of Westminster, the palace is often at the centre of state occasions and r ...
on 8 August 1902. (He was the only prime minister to be knighted during his term of office until
Robert Menzies The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, reno ...
in 1963; various others were knighted after leaving the office; Sir
Earle Page Sir Earle Christmas Grafton Page (8 August 188020 December 1961) was an Australian politician and surgeon who served as the 11th prime minister of Australia from 7 to 26 April 1939, in a caretaker capacity following the death of Joseph Lyons. ...
was already a knight when he briefly became prime minister in 1939.) He received an honorary
Doctor of Law A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
s (LL.D.) from the
University of Cambridge The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
in 1900, and honorary
Doctor of Civil Law Doctor of Civil Law (DCL; ) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees. At Oxford, the degree is a higher doctorate usually awarded on the basis of except ...
from the
University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...
and LL.D. from the
University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...
while visiting the United Kingdom in the summer of 1902. He also received the Freedom of the City of
Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
during a visit to that city on 26 July 1902. In 1905, the Japanese government conferred the Grand Cordon, Order of the Rising Sun, and Barton was granted permission to retain and wear the insignia. The honour was presented in acknowledgement of his personal role in resolving a conflict concerning the Commonwealth's Pacific Island Labourers Act and the Queensland protocol to the Anglo-Japanese Treaty. In 1951 and again in 1969, Barton was honoured on postage stamps bearing his portrait issued by
Australia Post Australia Post, formally the Australian Postal Corporation and also known as AusPost, is an Australian Government-State-owned enterprise, owned corporation that provides postal services throughout Australia. Australia Post's head office is loca ...
. The Barton Highway near
Canberra Canberra ( ; ) is the capital city of Australia. Founded following the Federation of Australia, federation of the colonies of Australia as the seat of government for the new nation, it is Australia's list of cities in Australia, largest in ...
, Australia was named after Barton. The
Division of Barton The Division of Barton is an Australian electoral division in the state of New South Wales. It is located in the inner south west of Sydney. It is currently represented by Labor MP Ash Ambihaipahar. History The division was created in 1922 ...
in New South Wales is named after him, as is
Barton, Australian Capital Territory Barton (Postcodes in Australia, postcode: 2600) is a suburb of Canberra, Australian Capital Territory, Australia. At the , Barton had a population of 1,946 people. Barton is adjacent to Capital Hill, Australian Capital Territory, Capital Hill. ...
, a suburb of
Canberra Canberra ( ; ) is the capital city of Australia. Founded following the Federation of Australia, federation of the colonies of Australia as the seat of government for the new nation, it is Australia's list of cities in Australia, largest in ...
close to Capital Hill which is the location of many government departments and national institutions, and the headquarters of Australia's main political parties. The Edmund Barton Building is a government office building in that suburb. The Barton College of
Deakin University Deakin University is a public university in Victoria, Australia. Founded in 1974 with antecedent history since 1887, the university was named after Alfred Deakin, the second Prime Minister of Australia and a founding father of Australian Fede ...
is also named after Barton. Grave_of_Sir_Edmund_Barton_2018.jpg, Grave of Sir Edmund & Lady Barton Edmund Barton bust.jpg, Bust of Sir Edmund Barton in the Prime Ministers Avenue in the Ballarat Botanical Gardens SIR EDMUND BARTON.JPG, Sir Edmund Barton Memorial in
Barton, Australian Capital Territory Barton (Postcodes in Australia, postcode: 2600) is a suburb of Canberra, Australian Capital Territory, Australia. At the , Barton had a population of 1,946 people. Barton is adjacent to Capital Hill, Australian Capital Territory, Capital Hill. ...


Notes


References


Further reading


Papers of Sir Edmund Barton
/ digitised and held by the National Library of Australia * * * * * *


External links

* {{DEFAULTSORT:Barton, Edmund 1849 births 1920 deaths 19th-century Australian lawyers Attorneys general of the Colony of New South Wales Australian federationists Ministers for foreign affairs of Australia Australian King's Counsel Burials at Waverley Cemetery Justices of the High Court of Australia Australian Knights Grand Cross of the Order of St Michael and St George Members of the Australian House of Representatives for Hunter Members of the Australian House of Representatives Members of the Cabinet of Australia Members of the New South Wales Legislative Assembly Members of the New South Wales Legislative Council Australian members of the Privy Council of the United Kingdom People educated at Fort Street High School People educated at Sydney Grammar School People from Glebe, New South Wales Politicians from Sydney Prime ministers of Australia 20th-century prime ministers of Australia Protectionist Party members of the Parliament of Australia Grand Cordons of the Order of the Rising Sun Speakers of the New South Wales Legislative Assembly University of Sydney alumni Australian people of English descent 19th-century Australian politicians Australian MPs 1901–1903 Australian white nationalists