Sir Josiah Henry Symon (27 September 184629 March 1934) was an Australian lawyer and politician. He was a

Senator 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 e ...

for

South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...

from 1901 to 1913 and

Attorney-General of Australia The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Aust ...

from 1904 to 1905. Symon was born in Wick, Caithness, Scotland. He immigrated to South Australia in 1866 and became one of the colony's leading barristers. He was appointed Attorney-General of South Australia in 1881, serving only a few months, and won election to the

Parliament of South Australia The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly (lower house) and the 22-seat Legislative Council ( upper house). General elections are ...

in the same year. Symon supported the federation movement and won election to the Senate at the 1901 federal election. He served as Attorney-General in the Reid Government (1904–1905). After his death he donated his extensive personal collection to the

State Library of South Australia The State Library of South Australia, or SLSA, formerly known as the Public Library of South Australia, located on North Terrace, Adelaide, is the official library of the Australian state of South Australia. It is the largest public research ...

Early life

Symon was born in Wick, a town in the county of

Caithness Caithness ( gd, Gallaibh ; sco, Caitnes; non, Katanes) is a historic county, registration county and lieutenancy area of Scotland. Caithness has a land boundary with the historic county of Sutherland to the west and is otherwise bounded b ...

in the

Scottish Highlands The Highlands ( sco, the Hielands; gd, a’ Ghàidhealtachd , 'the place of the Gaels') is a historical region of Scotland. Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period, when Lowland ...

, in 1846. He was educated at

Stirling High School Stirling High School is a state high school for 11- to 18-year-olds run by Stirling Council in Stirling, Scotland. It is one of seven high schools in the Stirling district, and has approximately 972 pupils. It is located on Torbrex Farm Road, ...

, where he was the dux in 1862, before attending the Free Church Training College in

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

. His brother, David Symon, was a member of the Legislative Assembly of

Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to ...

. He was a distant cousin of Magnus Cormack, who was also born in Wick and served as President of the Senate in the 1970s. In 1866 he emigrated to South Australia and was employed as an

articled clerk Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously three ...

with his cousin, J. D. Sutherland, a solicitor in the city of

Mount Gambier Mount Gambier is the second most populated city in South Australia, with an estimated urban population of 33,233 . The city is located on the slopes of Mount Gambier, a volcano in the south east of the state, about south-east of the capital Ad ...

. The leader of the South Australian Bar Association at the time (and a future Chief Justice of South Australia), Samuel Way, noticed Symon's work and invited him to join his firm. Symon, having completed his studies, was called to the bar in 1871, and admitted to practice as a barrister. In 1872, after the death of one of the partners at Way's firm, Symon became a partner alongside Way. In 1876, Way was appointed as a judge, and Symon bought out his part of the business.

Colonial politics

In March 1881, Symon was made Attorney-General of South Australia in the Morgan government, although at the time he had not been elected to the

. He was elected as the member for Sturt in the

South Australian House of Assembly The House of Assembly, or lower house, is one of the two chambers of the Parliament of South Australia. The other is the Legislative Council. It sits in Parliament House in the state capital, Adelaide. Overview The House of Assembly was crea ...

several weeks later. However, the Morgan government lost power on 24 June of that year, and Symon lost his position as Attorney-General. Later in 1881, Symon was made a

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

, and on 8 December of that year he married Mary Cowle, with whom he was to have five sons and seven daughters. In 1884, Symon was offered a judicial position, but he declined to accept it. He travelled to England in 1886, and was offered a nomination for a seat in the British House of Commons, however he declined this opportunity also. In 1887, after returning to Australia, he lost his seat in the South Australian parliament. He was a highly effective and ruthless advocate: in 1889 he successfully prosecuted the William Hutchison libel case against

J. B. Mather John Baxter Mather (5 March 1853 – 7 November 1940) was a Scottish born journalist, newspaper proprietor, landscape painter and art critic in South Australia. History Mather was born in Edinburgh, Scotland to Thomas S. Mather (c. 1824 – ...

and George Ash of The Narracoorte Herald. In his highly technical argument he succeeded in having evidence from

Hansard ''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official printe ...

and Crown Law documents ruled as inadmissible. Ash (who conducted his own defence) then turned to politics and law, and after his untimely death received glowing tributes from Symon. Symon was an ardent supporter of the cause of Federation, and frustrated by the apathy the question commonly received in South Australia. He successfully stood as a candidate for the Australasian Federal Convention of 1897-8, and was on the side of the majority in 71 percent of its divisions; a higher percentage than the great bulk of delegates. In the subsequent struggle to win the support of the electorate for the proposed federal constitution, he was a significant behind the scenes player, sought out by

Alfred Deakin Alfred Deakin (3 August 1856 – 7 October 1919) was an Australian politician who served as the second Prime Minister of Australia. He was a leader of the movement for Federation, which occurred in 1901. During his three terms as prime minist ...

, for example, to arrange funding for Federationist candidates in the NSW general election of 1898. Symon was knighted on the day of the proclamation of the new Commonwealth.

Federal politics

Symon stood for election to the Australian Senate at the 1901 election for the

Free Trade Party The Free Trade Party which was officially known as the Australian Free Trade and Liberal Association, also referred to as the Revenue Tariff Party in some states, was an Australian political party, formally organised in 1887 in New South Wales ...

, and was placed first overall by the voters of South Australia. He was made

leader of the opposition The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...

in the Senate, and was a leader within the Free Trade Party on

tariff A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and p ...

policy. After being elected to the Parliament, he stood down from his position as a member of the council of the

University of Adelaide The University of Adelaide (informally Adelaide University) is a public research university located in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. The university's main campus is located on ...

, a position he had held since 1897. In 1902, he was involved as the defense council in the highly publicised murder of Bertha Schippan trial. At the 1903 election he again topped the poll for the Senate in South Australia. When the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It ...

was created in late 1903, Symon was mentioned in the press as a possible judge of the court, although ultimately he was not appointed. From August 1904 to July 1905 he was the

in the Reid Ministry. Symon was renowned as a tough and uncompromising politician. He has been described as both an "eloquent and emotional speaker" and often "abrasive and argumentative." Late in 1904, Symon was involved in a dispute with the judges of the High Court. In the court's early years, its official home was a courtroom in Melbourne, although it often sat at the court in the Sydney suburb of Darlinghurst. Justices Barton and O'Connor lived in Sydney, but

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 Susan Kiefel, who is the first woman to hold the position. Co ...

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 ...

lived in

Brisbane Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...

, and took a two-day train ride to attend each sitting in Melbourne. When Griffith asked for some bookshelves to be installed in the Darlinghurst courthouse, so that his law library might be moved from his offices in Brisbane, Symon criticised Griffith for holding any sittings outside Melbourne, and began intrusive inspections of the judges' travel expenses. Prime Minister

George Reid Sir George Houston Reid, (25 February 1845 – 12 September 1918) was an Australian politician who led the Reid Government as the fourth Prime Minister of Australia from 1904 to 1905, having previously been Premier of New South Wales f ...

tried to intervene, and Griffith even took the extraordinary step of delaying scheduled sittings early in 1905. The stand-off was resolved when the Reid government left power, and the new Attorney-General (and future Chief Justice)

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 ...

permitted the judges to travel. Later, in 1930, when Symon was president of the Adelaide branch of the Royal Empire Society, he was an outspoken opponent of

James Scullin James Henry Scullin (18 September 1876 – 28 January 1953) was an Australian Labor Party politician and the ninth Prime Minister of Australia. Scullin led Labor to government at the 1929 Australian federal election. He was the first Cathol ...

's nomination of Isaacs as

Governor-General of Australia The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Canberra in August 1906, Symon joined those supporting it as the location of the national capital, stating that "''the site seems to me an ideal one''". In 1909, when the Free Trade Party and the

Protectionist Party The Protectionist Party or Liberal Protectionist Party was an Australian political party, formally organised from 1887 until 1909, with policies centred on protectionism. The party advocated protective tariffs, arguing it would allow Australi ...

merged to form the

Commonwealth Liberal Party The Liberal Party was a parliamentary party in Australian federal politics between 1909 and 1917. The party was founded under Alfred Deakin's leadership as a merger of the Protectionist Party and Anti-Socialist Party, an event known as the ...

, Symon was one of a small group of politicians who did not join, instead remaining in Parliament as an independent. Symon did not hold any other ministerial positions, and eventually left the Senate after losing his seat in the 1913 election. He continued to practice as a barrister until his retirement in 1923 at the age of seventy-seven.

Death and recognition

Symon died in 1934, and was given a

state funeral A state funeral is a public funeral ceremony, observing the strict rules of Etiquette, protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive ...

. He was survived by his wife, his five sons and five of his seven daughters. In addition to bequeathing his library, Symon also left money for the establishment of scholarships at the

University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public university, public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one o ...

, Scotch College in

Adelaide Adelaide ( ) is the list of Australian capital cities, capital city of South Australia, the state's largest city and the list of cities in Australia by population, fifth-most populous city in Australia. "Adelaide" may refer to either Greater A ...

and Stirling High School, which he had attended in his youth. The Canberra suburb of

Symonston Symonston (postcode: 2609) is a primarily industrial and agricultural suburb of Canberra, Australian Capital Territory, Australia. Symonston is named after Sir Josiah Symon a Legislator, Federalist and one of the Founders of the Constitution of ...

is named for him. The Lady Symon Building, designed by

Woods, Bagot, Jory and Laybourne-Smith Woods Bagot is a global architectural and consulting practice founded in Adelaide, South Australia. It specialises in the design and planning of buildings across a wide variety of sectors and disciplines. Former names of the practice include Woo ...

and built in 1927 as part of the Union Buildings at the

, was named after his wife.

Philanthropy

Symon was a lover of history and literature, and was nominated as a founding member of the Parliamentary Library Committee, which oversees the

Parliament of Australia Parliamentary Library In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. T ...

. Symon, along with

Tasmania ) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdi ...

n Senator John Keating, who was also on the committee, suggested that historical documents relating to Australia but kept in the United Kingdom be brought to Australia. In 1907 he visited the

Public Record Office The Public Record Office (abbreviated as PRO, pronounced as three letters and referred to as ''the'' PRO), Chancery Lane in the City of London, was the guardian of the national archives of the United Kingdom from 1838 until 2003, when it was ...

in London while on a holiday, and campaigned for the

logbook A logbook (or log book) is a record used to record states, events, or conditions applicable to complex machines or the personnel who operate them. Logbooks are commonly associated with the operation of aircraft, nuclear plants, particle accelera ...

s of Captain James Cook's ships HM Bark ''Endeavour'' and HMS ''Resolution'' to be brought to Australia, in the same way that the log of the ''

Mayflower ''Mayflower'' was an English ship that transported a group of English families, known today as the Pilgrims, from England to the New World in 1620. After a grueling 10 weeks at sea, ''Mayflower'', with 102 passengers and a crew of about 30, r ...

'' had been taken to

Boston Boston (), officially the City of Boston, is the capital city, state capital and List of municipalities in Massachusetts, most populous city of the Commonwealth (U.S. state), Commonwealth of Massachusetts, as well as the cultural and financ ...

in the United States. Though unsuccessful, Symon continued the campaign on his return to Australia, and in 1909 moved a resolution in the Senate to call for the logs to be brought to Australia. Although the logs were never given to Australia, the original copy of the Constitution of Australia was brought to Australia in 1990, after campaigning by Prime Minister Bob Hawke in a tradition which historians link to Symon. Symon had a massive personal collection of approximately ten thousand books, which he ultimately bequeathed to the

. He had already donated his collection of law texts to the Law School at the University of Adelaide in 1924. Symon also wrote and published a number of books, including ''Shakespeare at Home'', published in 1905, and ''Shakespeare the Englishman'', published in 1929. Some of Symon's lectures on

Shakespeare William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's natio ...

were published in pamphlet form.

References

* * * {{DEFAULTSORT:Symon, Josiah 1846 births 1934 deaths People educated at Stirling High School Free Trade Party members of the Parliament of Australia Australian King's Counsel Australian Knights Commander of the Order of St Michael and St George Australian politicians awarded knighthoods Attorneys-General of Australia Attorneys-General of South Australia Members of the Australian Senate Members of the Australian Senate for South Australia Independent members of the Parliament of Australia Scottish emigrants to colonial Australia People from Wick, Caithness 20th-century Australian politicians