Joseph Gellibrand
Encyclopedia
Joseph Tice Gellibrand was the first attorney-general of Van Diemen's Land
(known as Tasmania
since 1856).
.
At the beginning of 1825 Robert William Felton Lathrop Murray began criticizing the government in the local paper the Hobart Town Gazette
, and Arthur believed that Gellibrand was in "close union" with Murray. Eventually Gellibrand was charged with unprofessional conduct in having as a barrister drawn the pleas for the plaintiff in a case, and afterwards as attorney-general, acted against him. As a consequence of the charge Alfred Stephen
the solicitor-general applied to have Gellibrand struck off the rolls. The many complications of this case are fully discussed in chapter XVIII, vol. II of R. W. Giblin's Early History of Tasmania. As a result Gellibrand lost his position and began practising as a barrister. He established a high reputation in Hobart.
, Gellibrand applied for a grant of land in January 1827 at Port Phillip
, the petitioners stating that they were prepared to bring with them sheep and cattle to the value of £4000 to £5000. This application was refused and in 1828 Gellibrand made some efforts to obtain a government appointment at Sydney without success. In 1835 Gellibrand made an attempt to obtain a revision of his case, and counsel's opinion on it was obtained from Serjeant Talfourd. His opinion was "that the charges have been grounded in mistake or malice, pursued with entire inattention to the rights of the accused, and decided in prejudice and anger. The charges respecting professional practice are too absurd to stand for a moment".
Also in 1835 Gellibrand became one of the leaders of the Port Phillip Association
, for whom he drew up the invalid Batman Treaty. In January 1836 he crossed the strait and landing at Western Port
walked with companions to Melbourne
. From there, on 4 February, he went to Geelong accompanied by William Buckley
, and then proceeded north in the direction of Gisborne
. After returning to Melbourne a journey to the north-east brought him to the Plenty River
.
Gellibrand returned to Tasmania and in company with George B. L. Hesse crossed to Port Phillip again and landed near Geelong on 21 February 1837. They decided to follow the Barwon River
until its junction with the Leigh River, and afterwards make their way to Melbourne across country. The two men did not arrive at their destination and though search parties were organized no trace of them was ever found. It is probable that their horses were lost and they died around the end of February 1837 in the heat of summer.
, K.C.B., D.S.O., who was born in 1872. His youngest daughter, Mary Selina (1837-1903), played an important part in the Tasmanian Society for the Prevention of Cruelty to Animals.
The Australian electoral Division of Gellibrand
and the Gellibrand River
are named after him.
Van Diemen's Land
Van Diemen's Land was the original name used by most Europeans for the island of Tasmania, now part of Australia. The Dutch explorer Abel Tasman was the first European to land on the shores of Tasmania...
(known as Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
since 1856).
Early life
Joseph Tice Gellibrand was born in England, second son of William Gellibrand and Sophia Louisa, née Hynde. He studied law, was called to the bar, and on 1 August 1823 was appointed attorney-general of Van Diemen's Land with a salary of £700 a year, with the right "to practise as a barrister under the same restrictions as are observed in this country".Attorney-General
Gellibrand arrived at Hobart accompanied by his father on 15 March 1824, and at the opening of the supreme court gave an address as leader of the bar, in which he spoke of trial by jury "as one of the greatest boons conferred by the legislature upon this colony". The full benefit of trial by jury had, however, been withheld from the colony, and Gellibrand's speech is held by some to have been the opening of a campaign for an unconditional system. Gellibrand was a believer in the liberty of the subject, and he was consequently bound to fall foul with a man with the autocratic tendencies of Governor George ArthurGeorge Arthur
Lieutenant-General Sir George Arthur, 1st Baronet KCH PC was Lieutenant Governor of British Honduras , Van Diemen's Land and Upper Canada . He also served as Governor of Bombay .-Early life:George Arthur was born in Plymouth, England...
.
At the beginning of 1825 Robert William Felton Lathrop Murray began criticizing the government in the local paper the Hobart Town Gazette
Hobart Town Gazette
The Hobart Town Gazette was established in 1816 in Hobart, Van Diemen's Land as the Hobart Town Gazette, and Southern Reporter. In 1821 the name was changed to the Hobart Town Gazette, and Van Diemen's Land Advertiser...
, and Arthur believed that Gellibrand was in "close union" with Murray. Eventually Gellibrand was charged with unprofessional conduct in having as a barrister drawn the pleas for the plaintiff in a case, and afterwards as attorney-general, acted against him. As a consequence of the charge 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...
the solicitor-general applied to have Gellibrand struck off the rolls. The many complications of this case are fully discussed in chapter XVIII, vol. II of R. W. Giblin's Early History of Tasmania. As a result Gellibrand lost his position and began practising as a barrister. He established a high reputation in Hobart.
Explorer
With John BatmanJohn Batman
John Batman was an Australian grazier, businessman and explorer who is best known for his role in the founding of a settlement which became Melbourne and the colony of Victoria.-Life:...
, Gellibrand applied for a grant of land in January 1827 at Port Phillip
Port Phillip
Port Phillip Port Phillip Port Phillip (also commonly referred to as Port Phillip Bay or (locally) just The Bay, is a large bay in southern Victoria, Australia; it is the location of Melbourne. Geographically, the bay covers and the shore stretches roughly . Although it is extremely shallow for...
, the petitioners stating that they were prepared to bring with them sheep and cattle to the value of £4000 to £5000. This application was refused and in 1828 Gellibrand made some efforts to obtain a government appointment at Sydney without success. In 1835 Gellibrand made an attempt to obtain a revision of his case, and counsel's opinion on it was obtained from Serjeant Talfourd. His opinion was "that the charges have been grounded in mistake or malice, pursued with entire inattention to the rights of the accused, and decided in prejudice and anger. The charges respecting professional practice are too absurd to stand for a moment".
Also in 1835 Gellibrand became one of the leaders of the Port Phillip Association
Port Phillip Association
The Port Phillip Association was formally formed in June 1835 to settle land in what would become Melbourne, which the association believed had been acquired by John Batman for the association from Wurundjeri elders after he had obtained their marks to a document, which came to be known as...
, for whom he drew up the invalid Batman Treaty. In January 1836 he crossed the strait and landing at Western Port
Western Port
Western Port, is sometimes called "Western Port Bay", is a large tidal bay in southern Victoria, Australia opening into Bass Strait. It is the second largest bay in Victoria. Geographically, it is dominated by the two large islands; French Island and Phillip Island. Contrary to its name, it lies to...
walked with companions to 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...
. From there, on 4 February, he went to Geelong accompanied by William Buckley
William Buckley (convict)
William Buckley was an English convict who was transported to Australia, escaped, was given up for dead and lived in an Aboriginal community for many years....
, and then proceeded north in the direction of Gisborne
Gisborne, New Zealand
-Economy:The harbour was host to many ships in the past and had developed as a river port to provide a more secure location for shipping compared with the open roadstead of Poverty Bay which can be exposed to southerly swells. A meat works was sited beside the harbour and meat and wool was shipped...
. After returning to Melbourne a journey to the north-east brought him to the Plenty River
Plenty River
The Plenty River is a tributary of the Yarra River in Victoria, Australia. Originating in the forested slopes of Mount Disappointment, the Plenty River is the source of Melbourne's first major water supply in the form of the Yan Yean Reservoir....
.
Gellibrand returned to Tasmania and in company with George B. L. Hesse crossed to Port Phillip again and landed near Geelong on 21 February 1837. They decided to follow the Barwon River
Barwon River (Victoria)
The Barwon River rises in the Otway Ranges of Victoria, Australia, runs through Winchelsea and the city of Geelong, where it is joined by the Moorabool River, and enters the sea at Barwon Heads after passing through Lake Connewarre on the Bellarine Peninsula...
until its junction with the Leigh River, and afterwards make their way to Melbourne across country. The two men did not arrive at their destination and though search parties were organized no trace of them was ever found. It is probable that their horses were lost and they died around the end of February 1837 in the heat of summer.
Legacy
Gellibrand married and was survived by at least three sons, one of whom, Walter Angus Gellibrand, was a member of the Tasmanian Legislative Council from 1871 to 1893, and was its president from 1884 to 1889. Another son, Thomas Lloyd Gellibrand, became the father of Major General Sir John GellibrandJohn Gellibrand
Major General Sir John Gellibrand KCB, DSO & Bar was an Australian Army Major General in World War I and member of the Australian House of Representatives, representing the Tasmanian Division of Denison as a Nationalist Party member from 1925 to 1928.-Early life and career:John "Jack" Gellibrand...
, K.C.B., D.S.O., who was born in 1872. His youngest daughter, Mary Selina (1837-1903), played an important part in the Tasmanian Society for the Prevention of Cruelty to Animals.
The Australian electoral Division of Gellibrand
Division of Gellibrand
The Division of Gellibrand is anAustralian Electoral Division in Victoria. The division was created in 1949 and is named for Joseph Gellibrand, a pioneer settler of the Melbourne area...
and the Gellibrand River
Gellibrand River
The Gellibrand River is a river in southwestern Victoria, Australia. It arises in the Otway Ranges near Beech Forest and enters Bass Strait at Princetown.It was named after Joseph Gellibrand, a solicitor from Van Diemen's Land.-References:...
are named after him.