John Plunkett
Encyclopedia
John Hubert Plunkett was Attorney-General of New South Wales and elected as a member of the Legislative Assembly
.
, Ireland
, younger of twins and son of George Plunkett, and his wife Eileen, née O'Kelly.
Plunkett entered Trinity College, Dublin
, in November 1819 (graduating B.A. in 1824) and was called to the Irish bar in 1826 and later to the English bar. He practised as a barrister on the Connaught circuit in 1826-32 with distinction, fought for Catholic Emancipation
,
and was given credit by Daniel O'Connell for the success of the Whig candidates in Connaught at the general election in 1830.
on the Southworth in June 1832. The attorney-general at the time, John Kinchela, was deaf and Plunkett had to undertake most of his duties. In February 1836 Kinchela retired from his position, Plunkett took his place. Later in 1836 Plunkett was associated with Governor Richard Bourke
in bringing about a new church and schools act. He was determined to establish equality before the law, first by extending jury rights to emancipist
s and he then extended legal protections to convicts and assigned servants. Finally Plunkett attempted to legally protect aboriginals
, and twice charged the perpetrators of the Myall Creek massacre
with murder. The first trial resulted in acquittal on a technical point; however the second resulted in a conviction. Plunkett's Church Act of 1836 disestablished
the Church of England and established legal equality between Anglicans, Catholics, Presbyterians and later Methodists.
Plunkett obtained leave of absence to attend to family matters in Ireland from late 1841, and did not return to Sydney
until August 1843. In October 1844 he applied for the vacant position of Chief Justice
, however this position was temporarily given to Sir Alfred Stephen
. Plunkett was offered the judgeship vacated by Stephen but declined it. He was made a member of the Executive Council in March 1847, and in 1848, when the national school system was founded, was appointed Chairman of the Board of Education. He gave up the attorney-generalship and retired on a pension of £1200 a year in 1856.
and Argyle
in the Legislative Assembly at the first election under the new constitution. After first attempting to represent both electorates and claiming two votes in a parliamentary division, he resigned from Argyle and continued to represent Bathurst (County) Plunkett resigned from the Assembly in January 1857, was nominated to the Legislative Council
, and elected its president. In February 1858, on account of the Board of Education having issued regulations which Charles Cowper
, then Premier, disapproved of, Plunkett was dismissed from his position as chairman and he thereupon resigned from the council. There was much public sympathy with Plunkett, and the government offered to reinstate him if he would withdraw statements he had made in letters which were considered offensive. Plunkett declined to do so. Plunkett was again a member of the Legislative Assembly for Cumberland (North Riding)
from September 1858 to April 1859 and for West Sydney
from June 1859 to November 1860. In June 1861 he was nominated to the council, and from October 1863 to February 1865 was Vice-President of the Executive Council
in the first James Martin
ministry. In 1863 Plunkett became a QC
. Plunkett was then reconciled with Cowper, and from August 1865 to January 1866 was Attorney-General in the fourth Cowper ministry.
Plunkett was also vice-chancellor of the University of Sydney
in 1865-67. For the last two years of his life he lived much at Melbourne
on account of his wife's health, and he made his last public appearance there in 1869 as secretary to the provincial council of the Roman Catholic Church
. He died on 9 May 1869 at East Melbourne leaving a widow but no children. Plunkett's remains were taken to Sydney and buried in the old Devonshire Street cemetery, beside those of Archpriest John Joseph Therry
and Archdeacon McEncroe.
Plunkett was the author of The Australian Magistrate; a Guide to the Duties of a Justice of the Peace, first published in 1835 and reissued in at least three subsequent editions; The Magistrate's Pocket Book (1859), and On the Evidence of Accomplices (1863).
Plunkett was dignified and somewhat austere in manner, though he could relax on occasions such as the annual St Patrick's Day dinner which he chaired. Plunkett had much ability and exercised great influence in the early days of education in New South Wales and in the anti-transportation movement. John Fairfax
said he was "the greatest friend of civil and religious liberty in the colony", and he was in advance of his time in his attitude to the land question, and in his advocacy of manhood suffrage.
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...
.
Early life
John Hubert Plunkett was born at Mount Plunkett, County RoscommonCounty Roscommon
County Roscommon is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the town of Roscommon. Roscommon County Council is the local authority for the county...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, younger of twins and son of George Plunkett, and his wife Eileen, née O'Kelly.
Plunkett entered Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
, in November 1819 (graduating B.A. in 1824) and was called to the Irish bar in 1826 and later to the English bar. He practised as a barrister on the Connaught circuit in 1826-32 with distinction, fought for Catholic Emancipation
Catholic Emancipation
Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...
,
and was given credit by Daniel O'Connell for the success of the Whig candidates in Connaught at the general election in 1830.
Legal Career in Australia
In 1831 Plunkett was appointed Solicitor-General of New South Wales on a salary of £800. Plunkett, his wife, sister and four female servants arrived in SydneySydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
on the Southworth in June 1832. The attorney-general at the time, John Kinchela, was deaf and Plunkett had to undertake most of his duties. In February 1836 Kinchela retired from his position, Plunkett took his place. Later in 1836 Plunkett was associated with Governor Richard Bourke
Richard Bourke
General Sir Richard Bourke, KCB was Governor of the Colony of New South Wales, Australia between 1831 and 1837.-Early life and career:...
in bringing about a new church and schools act. He was determined to establish equality before the law, first by extending jury rights to emancipist
Emancipist
An emancipist was any of the convicts sentenced and transported under the convict system to Australia, who had been given conditional or absolute pardons...
s and he then extended legal protections to convicts and assigned servants. Finally Plunkett attempted to legally protect aboriginals
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
, and twice charged the perpetrators of the Myall Creek massacre
Myall Creek massacre
Myall Creek Massacre involved the killing of up to 30 unarmed Australian Aborigines by European settlers on 10 June 1838 at the Myall Creek near Bingara in northern New South Wales...
with murder. The first trial resulted in acquittal on a technical point; however the second resulted in a conviction. Plunkett's Church Act of 1836 disestablished
State religion
A state religion is a religious body or creed officially endorsed by the state...
the Church of England and established legal equality between Anglicans, Catholics, Presbyterians and later Methodists.
Plunkett obtained leave of absence to attend to family matters in Ireland from late 1841, and did not return to Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
until August 1843. In October 1844 he applied for the vacant position of Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, however this position was temporarily given to Sir Alfred Stephen
Alfred Stephen
Sir Alfred Stephen was an Australian judge and chief justice of New South Wales.Stephen was born at St Christopher in the West Indies. His father, John Stephen , was related to Henry John Stephen, Sir James Stephen and Sir James FitzJames Stephen, all men of great distinction in England...
. Plunkett was offered the judgeship vacated by Stephen but declined it. He was made a member of the Executive Council in March 1847, and in 1848, when the national school system was founded, was appointed Chairman of the Board of Education. He gave up the attorney-generalship and retired on a pension of £1200 a year in 1856.
Parliamentary career
In the same year he was elected as the member for both Bathurst (County)Electoral district of Bathurst (County)
Bathurst was an electoral district of the Legislative Assembly in the Australian state of New South Wales, named after Bathurst County and including the rural part of the county. Bathurst town was included in Western Boroughs, until Bathurst was created in 1859...
and Argyle
Electoral district of Argyle
Argyle was an electoral district for the Legislative Assembly in the Australian State of New South Wales from 1856 to 1904, including Argyle County surrounding Goulburn...
in the Legislative Assembly at the first election under the new constitution. After first attempting to represent both electorates and claiming two votes in a parliamentary division, he resigned from Argyle and continued to represent Bathurst (County) Plunkett resigned from the Assembly in January 1857, was nominated to the Legislative Council
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...
, and elected its president. In February 1858, on account of the Board of Education having issued regulations which 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....
, then Premier, disapproved of, Plunkett was dismissed from his position as chairman and he thereupon resigned from the council. There was much public sympathy with Plunkett, and the government offered to reinstate him if he would withdraw statements he had made in letters which were considered offensive. Plunkett declined to do so. Plunkett was again a member of the Legislative Assembly for 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...
from September 1858 to April 1859 and 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,...
from June 1859 to November 1860. In June 1861 he was nominated to the council, and from October 1863 to February 1865 was Vice-President of the Executive Council
Executive Council (Commonwealth countries)
An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
in the first James Martin
James Martin (Australian politician)
Sir James Martin, KCB, QC was three times Premier of New South Wales, and Chief Justice of the Supreme Court of New South Wales from 1873 to 1886.-Early career:...
ministry. In 1863 Plunkett became a QC
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...
. Plunkett was then reconciled with Cowper, and from August 1865 to January 1866 was Attorney-General in the fourth Cowper ministry.
Plunkett was also vice-chancellor of the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
in 1865-67. For the last two years of his life he lived much at Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
on account of his wife's health, and he made his last public appearance there in 1869 as secretary to the provincial council of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
. He died on 9 May 1869 at East Melbourne leaving a widow but no children. Plunkett's remains were taken to Sydney and buried in the old Devonshire Street cemetery, beside those of Archpriest John Joseph Therry
John Joseph Therry
Father John Therry was an Irish, early Roman Catholic priest in Sydney, Australia.-Early Life:Therry was born in Cork and was privately educated at St Patrick's College at Carlow, and in 1815 was ordained as a priest. He did parish work in Dublin and later on was secretary to the bishop of Cork...
and Archdeacon McEncroe.
Plunkett was the author of The Australian Magistrate; a Guide to the Duties of a Justice of the Peace, first published in 1835 and reissued in at least three subsequent editions; The Magistrate's Pocket Book (1859), and On the Evidence of Accomplices (1863).
Plunkett was dignified and somewhat austere in manner, though he could relax on occasions such as the annual St Patrick's Day dinner which he chaired. Plunkett had much ability and exercised great influence in the early days of education in New South Wales and in the anti-transportation movement. John Fairfax
John Fairfax
John Fairfax , English-born journalist, is notable for the incorporation of the major newspapers of modern day Australia.-Early life:...
said he was "the greatest friend of civil and religious liberty in the colony", and he was in advance of his time in his attitude to the land question, and in his advocacy of manhood suffrage.