Unusual Legal Case Recalled by Historic House at Mornington

Otago Daily Times, Issue 26748, 17 April 1948, Page 9

Unusual Legal Case Recalled by Historic House at Mornington

The history of an old Mornington house which was built by James Macandrew, an early superintendent of the province, has been drawn to the attention of the Daily Times by an interested reader of the recent article on early city homes. Carisbrook House, as Macandrew named his residence, figured prominently in a case which is probably unique in New Zealand’s legal annals. The main topic of conversation among the Otago settlers in January, 1861, was the imprisonment for debt of their popular superintendent, who declared his house a debtors’ prison in order to provide for his detention.

Macandrew’s bankruptcy was caused by the failure of several commercial ventures, notably a service he had inaugurated with the steamer Queen. His financial collapse involved several investors in his concerns and a creditor caused him to be imprisoned. The provincial superintendent thus found himself in a rather humiliating position as the occupant of a cell in the Dunedin gaol. Macandrew. however, had no intention of resigning himself to such a situation and his resourceful mind soon evolved a plan of campaign for the alleviation of his distress. Legally, he was still superintendent of the province, with all the powers and privileges belonging to that office. Accordingly, the Otago Gazette of February 5, 1861, contained a notice which read, in part:—“ . . . whereas

The Otago Witness loaded its guns on behalf of the opposition and commented in its editorial of February 2, 1861: "And that the superintendent of a province should be in custody as an insolent debtor is a position that cannot be tolerated for a moment. Had Mr Macandrew had any sense of delicacy or patriotism, he would have saved the province of Otago from this disgrace by retiring from office before such a contingency could have arisen.’ Macandrew’s triumph was shortlived, for Governor Gore Browne removed him from office and rescinded his Carisbrook House proclamation. An election for the superintendency was thus due to take place and another sensation was caused when the determined Macandrew declared himself a candidate for the office. The attitude of the Otago Witness to the

there is no suitable accommodation for debtors within the present gaol buildings, Dunedin, and it is expedient that proper provision should be made in that behalf, now therefore, I, the said superintendent of the Province of Otago, do hereby proclaim and declare that Carisbrook House shall be deemed and taken to be one of the public gaols of the Colony of New Zealand until proper provision is made otherwise on that behalf.” The announcement bore the date of January 28, 1861, and the signature of James Macandrew, superintendent. The keeper of the public gaol, •• Father ” Monson, received the following extraordinary letter from the imprisoned superintendent:—“ In consequence of the overcrowded state of the gaol and the want of suitable accommodation for debtors, I, as superintendent of the Province of Otago and a visiting Justice of the Gaol, Dunedin, hereby authorise and require you to remove James Macandrew, a debtor in your custody, to Carisbrook House witbin your jurisdiction.” This move galled Macandrew's political opponents, who had naturally been elated at his former predicament.

announcement was summed up as follows: —“ To re-elect him will be to make Otago a by-word in the mouths of our neighbours, and its electors objects to be pointed at with the finger of scorn.” The fact that the imprisoned candidate received considerable support showed the esteem in which he was held by the community. He polled a total of 189 votes; compared with 292 votes recorded for Major Richardson, the successful candidate. Upon his release, however, Macandrew plunged into public life with even greater zeal. He was elected a member of Parliament and rose to Ministerial rank. He was given an whelming mandate by the electors on his reappointment as superintendent in 1867, and he retained that - office until the abolition of the provinces in 1876. The historic home, which played such a large part in Macandrew’s legal adventure, still stands near the head of the valley between Neidpath road and Glen road. A large, two-storied wooden dwelling, it was later bought by Judge Bathgate and renamed Glen House.