No. 4-HON FREDK. WHITAKER, M.L.C. ATTORNEY-GENERAL.

Observer, Volume 1, Issue 5, 16 October 1880, Page 36

No. 4-HON FREDK. WHITAKER, M.L.C. ATTORNEY-GENERAL.

OUR portrait this week is that of the Hon. Frederick Whitaker, M.L.C., Attorney General, whose name ia inseparably interwoven with the history of the colony, and familiar m the mouths of colonists as household words. He is one of the early pioneer colonists who have borne the heat and burden of the day, and who have contributed in no small degree to lay the foundations of our present pi-ogress and future greatness. He avos the cotemporary of Domett, Sewell, Weld, Crosbie, Ward, Swainson, Martin, -'the threeF's/'andthosemen whose social status and refinement imparted a tone of ] dignity to our earlier Parliaments, which is unfortunately absent from our present Legislature. The Parliament at that time was the admiration of English statesmen, and its proceedings were -conducted with such regularity and decorum as to make it a worthy offshoot of the House of Commons. There were no "Dick Seddons s" in those days. The great majority of the members were highly educated, many were University men, and all were solemnly impressed with the weight of their responsibility in shaping the destinies of a young nation. To quote the words of Milton, they were " inflamed with the study of learning and the admiration of virtue ; stirred up with high hopes of living to be brave men and worthy patriots, dear to God, and f anums to all ages. " Mr. Whitaker belongs to a good old family in Oxfordshire. The name is not unknown to fame. The Rev. Thomas Dunham Whitaker, who flourished in the eighteenth century, was a great antiquary and author. He wrote the "History of Whalley and Clitheroe, " "History and Topography of the town and parish of Leeds, " and the "History of Richmondshire." Another antiquary of the name, John Whitaker, distinguished himself in the same century by the publication of the " History of Mary Queen of Scots." He also traced the course of Hannibal over the Alps. Lastly, the name has a world-wide celebrity through the publisher of the well-known "Whitaker's Almanac," remarkable for its cheapness, and the great fund of information it contains. The father of Mr. Frederick Whitaker was an attorney in Oxford of some eminence. His son, the subject of this memoir, Avas admitted as solicitor in the English Courts of Law and Equity, in January, 1839, and in October of the same year left to push his fortunes in New South Wales. He arrived in Sydney in February, 1840. New Zealand was just then constituted a British colony, and was attracting much attention, and came thither Mr. Whitaker, with many other adventurous spirits. He took up his residence at the Bay of Islands, then tne seat of Government, and began the practice of his profession. He entered into partnership with Mr. John Kelly, a surveyor, now residing at Mount Eden. Speculation in land being "brisk, the firm established a profitable business, Mr. Whitaker managing the legal transactions, while the surveys were conducted by his partner. Mr. Gilbert Mair, father of the present Native .Commissioner in Auckland, was then Resident Magistrate at Kororareka. On one occasion, when Mr. Whitaker had made an. ingenious defence of a person charged with selling spirits illegally, the R.M. remarked, " You have proved your case that he was no selling drink, but we ken he selt it. " Dr. Pollen, Messrs. Haggard, Brewer, Atherton, Babbington, and Bartley, were then the " creme de la creme" of society- at Korarareka. But lodgings Tvere scarce. The hotel was kept by a Mr. S. A. Wood. Mr. James Williamson, chairman of the Bank of New Zealand, was once proprietor of an humble pnblic-house on the beach, -where the foundation of his fortune was laid. .Such were the beginnings of many of our most ■eminent and wealthy colonists. Mr. Whitaker, some other young bachelors of his own age, .set up two large tents, engaged servants, established a kind of chib, and lived a jovial sort of life. Two other aristocratic young men named •Chapman (probably the present judge of that name), and Macdonald were unable to secure a servant, and kept a bachelor's home, taking the domestic and culinary duties by turns. In April, .1841, the seat of Government was removed to Auckland, and Mr. Whitaker came with it. . He opened an office in the Crescent, Mr. Kelly occupying the adjoining premises. In those primitive days the Court-house was a raupo whare, built on the site of the present Museum. The prison was so insecure that criminals were chained to a log to prevent their breaking through the fragile walls. When prisoners were being tried the jury sat on a plank supported by bundles of shingle-*. It is related that Mr. Babbington, the Crown prosecutor, on one occasion in. the dual capacity of prosecutor and counsel for the defence, during the trial of a prisoner, and that after closing the case for ,the Crown, he delivered an eloquent address to the jury on behalf of the accused, whose innocence was thus established. The laws at that time were so loosely framed that lawyers well versed in "the devices of Cepola" could drive a coach and horses through them. Mr. Whitaker assisted Sir William Swainson, then Attorney-

General, and Sir William Martin, in framing an improved code of statutes, but these two great legal authorities were frequently on opposite sides in the "causa celebre' f of the times, victory usually inclining to the side of Mr. Whitaker, who was thus early in his career distinguished for that legal acumen, and extraordinary pains-, taking industry to which hi-s success may be attributed. On the 12th of March, 1842, he was appointed County Judge, a court of civil and criminal jurisdiction haying been established similar to our present district courts. At that time the European population was small, and enclosed by numerous and semi-hostile native tribe--. On one occasion when Judge Whitaker was presiding at the court, a strong body of Maories forcibly removed the prisoner from the clock, and carried him off in triumph to Orakei. He was recaptured by a detachment of the 80th regiment, and duly sentenced. On the 27th June, 1844, a Court of Reqriests was substituted for the District Court, and Mr. Whitaker resumed his private practice until March Ist, 1545, when he was appointed senior non-official member of the Legislative Council, which then consisted of the Governor, three official, and three non official members. He sat in the last Council held by Governor Fitzroy on the 4th March in that year. At this time Mr. Whitaker, in partnership with M>\ Heale, was engaged in a number of speculations having for their object the development of the resources of the district. The firm had secured a number ..f allotments in Hobson-street, bordered by Chapel and Wellesley-streets. These were required by the military authorities as the site of a fort, to be called "Fort Ligar," designed for the protection of the town from native attacks. Negociations were opened by the Government for their acqusition. Mr. Whitaker stipulated for a right of royalty in part of the foreshore of Kawau, Avhich Avas granted. Mr. Heale Avas the owner of a small island adjacent to Kawau. The firm selected a part of the foreshore on the line of the adit level of the Kawau Copper Mining Company, and commenced operations. Earth Avas brought from Heale's Island, a portion of the foreshore reclaimed, machinery and plant placed on the ground, a shaft sunk, and mining commenced. The KaAvau Company suddenly found their further operations seaAvards obstructed by the new firm. In a short time a dispute arose, and and mutual charges of encroachment were made, Avhich were ultimately referred to arbitration. The result Avas that the Company had to pay Messrs. Whitaker and Heale a sum of £8000 to acquire their rights. The firm of Whitaker and Heale also entered into mining operations at the Barrier. In those days people Avere sanguine of the mineral wealth of Auckland, and large sums Avere invested in prospecting for copper. Mr. Heale went about Avith his pockets filled Avith specimens and bottles of acid, and Avas incessantly engaged in chemical analyses. In 1845 Mr. Whitaker sat in the first council held by Governor Grey ; and in April of the same year he served as Major in the Auckland Militia, and did garrison duty Avhen the city Avas threatened with attack during the Avar Avith Hone Heke. Mr. Whitaker visited England in 1846, returning in June, 1848. In 1851 the ProA^ncial Legislative Council Avas established, one third nominated and tAVo thirds elected. Messrs. F. Whitaker, W. Brown, and J. J. Salmon were elected for the city of Auckland. It Avas at one of these local contests that old Sandy Wright perpetrated a famous boii mofc which established liis reputation as a Avit. Major Berkham Avas appointed a judge, and Mr. Whitaker had been appointed a major, as already noticed above. Sandy Wright, in criticising the Government, gave as an example of their netting at nought the eternal fitness of things, that they had made a lawyer into a major, and a major into a judge. The Constitution Act Avas passed in June, 1852, and on the 26 th May, 1853, Messrs. J. Whitaker, W. SAvainson, and W. H. Kenny Avere summoned as the first members of the Legislative Council. In 1854 Mr. Whitaker attended the first session of Parliament held in Auckland. In 1855 he succeeded the hon. W. Swainson as Attorney-General, under the Lieut-Governor-ship of General Wynyard. In the same year a strong opposition Avas formed against Mr. Brown, the Superintendent of Auckland, avlio refused to convene a session of the Provincial Council, and spent public money Avithout any legal appropriation It Avas decided either to move the Governor to supersede Mr. BroAvn, or to induce the Provincial Executive to resign. It Avas believed that in the event of a neAV election Mr. BroAvn would be again a candidate for the Superintendency, and the hopes of the opposition rested on Mr. Whitaker as the most eligible man to contest the election. Mr. Brown, however, defeated the people's champion, and Mr. Whitaker Avas a second time Avorsted by Dr. J. L. Campbell. On the 7th August, 1855, Mr. Whitaker Avas appointed speaker of the Legislative Council, and he discharged that high office Avith great dignity and ability. In 1856 Responsible Government Avas established, during the Governorship of Colonel Gore Brown, and from that date Mr. Whitaker's career has been of a colonial character, and he has exercised a great and on the Avholc beneficial influence in forming the legislation and moulding the future destinies of NeAV Zealand. On the 7th May, 1856, he resigned the Speakeivhip and accepted the portfolio of Attorney-General in the Bell-SeAvell Ministry, holding office, hoAvever, for a period of only thirteen days ; namely until the 20th May in the same .year. On the latter date the Bell-SeAvell Ministry Avere defeated by Mr. Fox, avlio formed a Government Avith the hon. W. SAvainson as Attorney- General. But on the 2nd June Mr. Fox Avas defeated by Mr. Stafford, and Mr. Whitaker became AttorneyGeneral and leader of the Government in the Legislative Council. Dr. Campbell was a member of the Ministry without portfolio, and Mr. Weld, noAV Governor of Tasmania, Avas Minister of Native Affairs. On the 12th July, 1861, the Stafford Ministry Avas defeated by Mr. Fox and resigned ; Mr. Fox held the portfolio of Attorney-General up to the 2nd August when Mr. SeAvell joined the Ministry and succeeded to the office. The Domett Ministry came in on the 6th August, 1862, Mr.

T. B. Gillies taking the portfolio of AttorneyGeneral. On the 20th Oct., 1863, the Domett Ministry was defeated, and Mr. Wliitaker became premier and Attorney-General, with Mr. Fox as a colleague On the 24th Nov., the Wliitaker Ministry resigned office, in consequence of a difference of opinion with Governor Grey respecting military operations in Waikato and confiscation of native lands. Mr. Whitaker also resigned his seat in the Legislative Council. In Oct. 1565, he was elected without opposition as Superintendent of the Province of Auckland, and in November he was a member of the House of Representatives, also unopposed, for Parnell. He became leader of what was called "The Auckland Phalanx " in Parliament, and made a determined, but unsuccessful attempt to reverse the iniquitous compact of 1856, and to colonialize the Land Fund. On several subsequent occasions he renewed the attempt, and by constantly agitating the question prepared the public mind for the resolutions moved by Sir George Grey which practically effected that object. In 1867 he resigned the office of Superintendent and his seat for Parnell, and was succeeded in the former by the late Mr. John Williamson. From that time until 1876 Mr. Whitaker continued to practice his profession. He was ever active in every legitimate enterprise, and invested heavily in the Thames goldlield, to the development of which he contributed in a large measure. He was also interested in extensive agricultural and pastoral operations, and in the timber trade, in fact he lias always been active in every enterprise calculated to develop the resources of the province of Auckland, and to promote the welfare of the people. In January, 1876, he was re-elected without opposition to the House of Representatives for VVaikato, a new electoral district, created on the constitution of Waipa into a separate electorate. On the Ist September, 1876, he became Attor-ney-General and Minister with precedence in the Atkinson administration ; and, on the 13th of the same month, when the Ministry was reconstituted, he coiitiimcd to hold the portfolio of Attorney- General, together with the offices of Postmaster General and Commissioner of Telegraph?. He continued to hold those portfolios until the 7th December in the same year, when the Atkinson Government was defeated by Sir George Grey, and Mr. Stout was appointed Attoruey-General. On the dissolution of Parliament in 1877, Mr. Whitaker contested the seat for Eden against Mr. Tole, but was defeated by a narrow inajoriiy. Sir George Grey was turned out of office on a want of confidence motion, moved by Mr. Hall in 1878 ; and ou the formation of a new administration, with Mr. Hall as Premiei, Mr. Whitaker was appointed to the Upper House, accepted the portfolio of Attorney- General, and became leader of the Government in the Council, which offices he contiuues to discharge. In the practice of his profession Mr. Wliitaker has always been known as an indefatigable, careful, and successful lawyer. Iv the conduct of important cases he has few equals, and no superior in the Australasian Colonies. As an orator, notwithstanding a peculiar hesitancy, he .displays more of the eminently practical than the ornate, and his speeches are always distinguished by solidity, breath of view, and keenness of insight. From his long and distinguished political experieuce, he is the guiding spirit of any ministry of which he is a member. His private character has always been "sans peur tt sans reproche," but ai a speculator he has been accused by strong political opponents of being a land-monopolist. His interest in the Piako Swamp in particular has formed the gravamen i.f these accusations, but the charge has beenreiteratered " adnauseum, '' and later events have sh.wn that the investment was perfectly legitimate and conducive to the interest of the district. The pet theory of setting five hundred happy families on an immense' morass has been shewn to be delusive. • It has been proved that only a combination of capital and enterprise could reclaim the swamp for cultivation, and the company which has been fco maligned has shewn its bona lides by placing a considerable portion ot the land iv the market at a price which returns only a reasonable profit on the outlay incurred in rendering it fit for occupation. Whatever may be Mr. Whitakers shortcomings— and no 'man is entirely free from faults, he has undoubtedly conferred great and lasting benefits on the province of Auckland and the colony at large, in whose service he has spent the best years of his life. Mr. Whitaker had the good fortune to marry a lady who has proved a fitting helpmeet to him in his career, and has displayed those domestic virtues and high social qualities which have formed a fitting counterpart to his own distinguished career in politics. It must be a source of gratification to them that their sons are following in the footsteps of their father*, and that promising and useful careers are opening out before them in the professions they have chosen.