Richard Windeyer
Encyclopedia
Richard Windeyer was a journalist, barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n politician.

Early life

Richard Windeyer was born in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

, the eldest of nine children
of Charles Windeyer
Charles Windeyer
Charles Windeyer was an Australian magistrate who held a variety of public positions and was later appointed by Governor George Gipps as the first Mayor of Sydney. He was the father of barrister and politician Richard Windeyer and grandfather of politician and judge William Charles...

, first recognised reporter in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

, and his wife Ann Mary, née Rudd. Richard's parents and family went 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...

 in 1828, intending to go on the land, and obtained a grant of 2560 acres (10.4 km²). Charles Windeyer however, accepted the position of chief clerk in the police office and afterwards became a police magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 at Sydney. In 1843 Charles Windeyer was an unsuccessful candidate at the first election for the New South Wales 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 retired from his magistracy at the end of 1848 with a pension.

Richard Windeyer remained in London and like his father before him became a parliamentary reporter. Richard Windeyer was employed on The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...

and other newspapers. On 26 April 1832 Richard Windeyer married Maria née Camfield and their only child, William Charles Windeyer
William Charles Windeyer
Sir William Charles Windeyer was an Australian politician and judge.As a New South Wales politician he was responsible for the creation of Belmore Park , Lang Park , Observatory Park Sir William Charles Windeyer (29 September 1834 – 11 September 1897) was an Australian politician and judge.As a...

, was born on 29 September 1834. Windeyer studied law and was admitted as a barrister to 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...

 in 1834.

Windeyer was advised by his father to travel to New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

 and on 28 November 1835 arrived in Sydney where he built up a large practice as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

. By 1840 he was one of the leaders at the bar and had made a reputation especially in nisi prius
Nisi prius
Nisi prius is a historical term in English law. In the nineteenth century, it came to be used to denote generally all legal actions tried before judges of the King's Bench Division and in the early twentieth century for actions tried at assize by a judge given a commission. Used in that way, the...

work. In 1838 he bought land in the Hunter Valley, and by 1842 he held about 30000 acres (121.4 km²) and spent large amounts on draining extensive swamp lands in the vicinity of Grahamstown (near Raymond Terrace
Raymond Terrace, New South Wales
Raymond Terrace is a town in the Hunter Region of New South Wales, Australia, about by road north of Newcastle on the Pacific Highway. Established in 1837 it is situated at the confluence of the Hunter and Williams rivers and has about 12,600 residents. It is the administrative centre of the Port...

 and building a homestead at Tomago
Tomago, New South Wales
Tomago is a combined industrial/semi-rural suburb of the Port Stephens Local Government Area in the Hunter Region of New South Wales, Australia. It is located just north of the Hunter River and west of the body of water known as Fullerton Cove...

. Windeyer planted thirty acres (12 ha) of vines and made his first wine in 1845. He also raised cattle, horses and pigs and experimented with sugar-cane and wheat.

Parliamentary career

At the first election for the New South Wales 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...

 held in July 1843, Windeyer was elected for the county of Durham
Durham County, New South Wales
Durham County was one of the original Nineteen Counties in New South Wales and is now one of the 141 Cadastral divisions of New South Wales. It is bordered on the south and west by the Hunter River, and on the north and east by the Williams River. It includes Aberdeen and Muswellbrook...

 and soon brought in a measure, the Monetary Confidence Bill, designed to relieve the economic depression at the time. In spite of brilliant speeches in opposition to it made by Robert Lowe
Robert Lowe, 1st Viscount Sherbrooke
Robert Lowe, 1st Viscount Sherbrooke PC , British and Australian statesman, was a pivotal but often forgotten figure who shaped British politics in the latter half of the 19th century. He held office under William Ewart Gladstone as Chancellor of the Exchequer between 1868 and 1873 and as Home...

 the bill was carried by 14 votes to seven; however, it was vetoed by the governor, Sir George Gipps
George Gipps
Sir George Gipps was Governor of the colony of New South Wales, Australia, for eight years, between 1838 and 1846. His governorship was during a period of great change for New South Wales and Australia, as well as for New Zealand, which was administered as part of New South Wales for much of this...

, and nothing more was heard of it. Windeyer supported free trade and worked to remove duties on the export of New South Wales tobacco to Van Diemen's Land
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...

 and wheat to the United Kingdom, but supported an import duty of 1 shilling
Shilling
The shilling is a unit of currency used in some current and former British Commonwealth countries. The word shilling comes from scilling, an accounting term that dates back to Anglo-Saxon times where it was deemed to be the value of a cow in Kent or a sheep elsewhere. The word is thought to derive...

 a bushel on foreign wheat on the basis that it would be a revenue not a protective duty.

In October 1844 Windeyer moved an amendment to a Bill proposing to bring in Lord Stanley
Edward Smith-Stanley, 14th Earl of Derby
Edward George Geoffrey Smith-Stanley, 14th Earl of Derby, KG, PC was an English statesman, three times Prime Minister of the United Kingdom, and to date the longest serving leader of the Conservative Party. He was known before 1834 as Edward Stanley, and from 1834 to 1851 as Lord Stanley...

's system of national education, to the effect that primary education should be established for the poor 'gratuitously if necessary' and to allow government aid for denominational schools in some circumstances. In 1845 Windeyer, though almost overwhelmed with work, took up the cause of the already fast-dwindling aborigines
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 obtained a select committee to inquire into the question. He was also in the forefront of the struggle with Gipps concerning generally the powers of the council and the governor on the land question, and in 1846 moved and carried an address to the governor acquainting him that the council could not entertain a Bill he had originated. Windeyer promoted a Libel Act passed 1847, that required that publication of libel could only be justified if it was both true and in the public interest.

Late life and legacy

Windeyer had become financially involved in the long-continued depression and, although he had made a large income at the bar, was obliged to assign his estate. He died on 2 December 1847 while on a visit to friends at Launceston
Launceston, Tasmania
Launceston is a city in the north of the state of Tasmania, Australia at the junction of the North Esk and South Esk rivers where they become the Tamar River. Launceston is the second largest city in Tasmania after the state capital Hobart...

, 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...

, the result of anxiety and overwork and an internal disease.

Windeyer had a great reputation at the bar as an advocate of much power and ability, and during his short career in parliament showed himself to be a strong and conscientious man. He was a great advocate for representative government and when he died William 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...

declared he "had lost his right hand man". His early death robbed Australia of a man who might have done his country much service, and reached almost any position in it.
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