John Darvall
Encyclopedia
John Darvall was an Australian barrister and politician. He was a member of the New South Wales Legislative Council
between 1844 and 1856 and again between 1861 and 1863. He was also a member of the New South Wales Legislative Assembly
for three periods between 1856 and 1865. He held the positions of Solicitor-General and Attorney-General in a number of short-lived colonial governments.
and Trinity College, Cambridge
. Subsequently, he was articled to his uncle, Sir John Bayley at the Middle Temple
and was called to the English Bar in 1838. He emigrated to Sydney in 1839 and established a large, private legal practice. Darvall accrued significant agricultural and pastoral interests and was a director of several colonial companies, a number of which failed in the depression of the early 1840s. He declined a judgeship in Victoria in 1851 and was appointed as a Queen's Counsel
in 1853, a CMG
in 1869 and a KCMG
in 1877. Darvall returned to England in 1865 and continued in legal practice. He was a great-uncle of Banjo Paterson
and related through marriage to Edmund Barton
.
. He was a loyal supporter of the government until, unable to support the continuing nomination of members, he resigned in 1848. He was then elected to the Council, initially for the seat of Bathurst (County) and between 1851 and 1856 as the member for Cumberland (County). Darvall styled himself as a "Patrician Liberal" and was a supporter of John Dunmore Lang
and Charles Cowper
. He opposed the 1853 Constitution Bill of William Charles Wentworth
because of its provision for an hereditary upper house.
Following the granting of self-government, Darvall was elected to the first Legislative Assembly as one of the two members for the seat of Cumberland (North Riding)
. He was surprisingly appointed as the first Solicitor-General in the conservative and short-lived government of Stuart Donaldson
. He was also Solicitor-General and subsequently Attorney- General in the government of Henry Parker
between 1856 and 1857. Darvall became concerned by the effects of manhood suffrage and the colony's liberal land distribution schemes and resigned from the Assembly in November 1857. He subsequently joined the conservative Constitutional Association and was elected in their interest for the seat of Hawkesbury
at the 1859 election. His opposition to the Free Selection
of Crown Lands led to significant dissension in the electorate and he did not contest the 1860 election.
While opposed to parliamentary nominations, he nevertheless accepted a nomination to the Legislative Council in 1861. He used his period in the Council to press for its conversion into an elected house and for a limitation on its powers over money bills. However, at the same time, he also expressed concerns at the excesses of colonial democracy. He resigned from the Council in June 1863 to successfully contest a by-election for the seat of East Maitland
and on re-entering the assembly he almost immediately accepted the position of Attorney-General in the liberal government of Charles Cowper
. Cowper's government fell in October of that year and at the subsequent election he was elected as one of the four members for West Sydney
. He was again made Attorney-General by Cowper but resigned in 1865 to return to England.
New South Wales Legislative Council
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as...
between 1844 and 1856 and again between 1861 and 1863. He was also a member of the New South Wales Legislative Assembly
New South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
for three periods between 1856 and 1865. He held the positions of Solicitor-General and Attorney-General in a number of short-lived colonial governments.
Early life
Darvall was born into an upper-middle class Yorkshire family and was educated at EtonEton College
Eton College, often referred to simply as Eton, is a British independent school for boys aged 13 to 18. It was founded in 1440 by King Henry VI as "The King's College of Our Lady of Eton besides Wyndsor"....
and Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
. Subsequently, he was articled to his uncle, Sir John Bayley at the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
and was called to the English Bar in 1838. He emigrated to Sydney in 1839 and established a large, private legal practice. Darvall accrued significant agricultural and pastoral interests and was a director of several colonial companies, a number of which failed in the depression of the early 1840s. He declined a judgeship in Victoria in 1851 and was appointed as a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1853, a CMG
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
in 1869 and a KCMG
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
in 1877. Darvall returned to England in 1865 and continued in legal practice. He was a great-uncle of Banjo Paterson
Banjo Paterson
Andrew Barton "Banjo" Paterson, OBE was an Australian bush poet, journalist and author. He wrote many ballads and poems about Australian life, focusing particularly on the rural and outback areas, including the district around Binalong, New South Wales where he spent much of his childhood...
and related through marriage to Edmund Barton
Edmund Barton
Sir Edmund Barton, GCMG, KC , Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia....
.
State Parliament
In 1844, prior to the establishment of responsible self-government, Darvall was appointed to the New South Wales Legislative CouncilNew South Wales Legislative Council
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as...
. He was a loyal supporter of the government until, unable to support the continuing nomination of members, he resigned in 1848. He was then elected to the Council, initially for the seat of Bathurst (County) and between 1851 and 1856 as the member for Cumberland (County). Darvall styled himself as a "Patrician Liberal" and was a supporter of John Dunmore Lang
John Dunmore Lang
John Dunmore Lang , Australian Presbyterian clergyman, writer, politician and activist, was the first prominent advocate of an independent Australian nation and of Australian republicanism.-Background and Family:...
and Charles Cowper
Charles Cowper
Sir Charles Cowper, KCMG was an Australian politician and the Premier of New South Wales on five different occasions from 1856 to 1870....
. He opposed the 1853 Constitution Bill of William Charles Wentworth
William Wentworth
William Charles Wentworth was an Australian poet, explorer, journalist and politician, and one of the leading figures of early colonial New South Wales...
because of its provision for an hereditary upper house.
Following the granting of self-government, Darvall was elected to the first Legislative Assembly as one of the two members for the seat of Cumberland (North Riding)
Electoral district of Cumberland (North Riding)
Cumberland was an electoral district of the Legislative Assembly in the Australian state of New South Wales from 1856 to 1859, in Cumberland County, which includes Sydney...
. He was surprisingly appointed as the first Solicitor-General in the conservative and short-lived government of Stuart Donaldson
Stuart Donaldson
Sir Stuart Alexander Donaldson was the first Premier of the Colony of New South Wales.-Early life:Donaldson was born in London, England. He entered his father's firm at the age of 15 and was sent first to Mexico , for business training, and then to Sydney, where he arrived in 1835...
. He was also Solicitor-General and subsequently Attorney- General in the government of Henry Parker
Henry Parker
Sir Henry Watson Parker, KCMG was Premier of New South Wales. He fitted into colonial society and politics in the pre-responsible government era, but his style was not suited to the democratic politics that began to develop in 1856.-Biography:Parker was the son of Thomas Watson Parker of Lewisham,...
between 1856 and 1857. Darvall became concerned by the effects of manhood suffrage and the colony's liberal land distribution schemes and resigned from the Assembly in November 1857. He subsequently joined the conservative Constitutional Association and was elected in their interest for the seat of Hawkesbury
Electoral district of Hawkesbury
Hawkesbury is an electoral district of the Legislative Assembly in the Australian state of New South Wales. It was represented by Steven Pringle, formerly of the Liberal Party of Australia, who contested the 2007 election as an independent but was defeated by Ray Williams of the Liberal Party of...
at the 1859 election. His opposition to the Free Selection
Selection (Australian history)
Selection referred to "free selection before survey" of crown land in some Australian colonies under land legislation introduced in the 1860s. These acts were similar to the United States Homestead Act and were intended to encourage closer settlement, based on intensive agriculture, such as...
of Crown Lands led to significant dissension in the electorate and he did not contest the 1860 election.
While opposed to parliamentary nominations, he nevertheless accepted a nomination to the Legislative Council in 1861. He used his period in the Council to press for its conversion into an elected house and for a limitation on its powers over money bills. However, at the same time, he also expressed concerns at the excesses of colonial democracy. He resigned from the Council in June 1863 to successfully contest a by-election for the seat of East Maitland
Electoral district of East Maitland
East Maitland was an electoral district of the Legislative Assembly in the Australian state of New South Wales from 1859 to 1904.-Members for East Maitland:...
and on re-entering the assembly he almost immediately accepted the position of Attorney-General in the liberal government of Charles Cowper
Charles Cowper
Sir Charles Cowper, KCMG was an Australian politician and the Premier of New South Wales on five different occasions from 1856 to 1870....
. Cowper's government fell in October of that year and at the subsequent election he was elected as one of the four members for West Sydney
Electoral district of West Sydney
West Sydney was an electoral district for the Legislative Assembly in the Australian State of New South Wales created in 1859 from part of the electoral district of Sydney, covering the western part of the current Sydney central business district, Ultimo and Pyrmont, bordered by George Street,...
. He was again made Attorney-General by Cowper but resigned in 1865 to return to England.