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Edmund Barton



 
 
Sir Edmund Barton, GCMG
Order of St Michael and St George

The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV of the United Kingdom whilst he was acting as Prince Regent for his father, George III of the United Kingdom....
, KC
Queen's Counsel

Queen's Counsel , known as King's Counsel during the reign of a male Monarch, are lawyers appointed by letters patent to be one of "Her [or His] Majesty's Counsel learned in the law"....
 (18 January 1849 – 7 January 1920), Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
n politician and judge, was the first Prime Minister of Australia
Prime Minister of Australia

The Prime Minister of Australia is the head of government of the Australia, holding office on commission from the Governor-General of Australia....
 and a founding justice of the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
.

Barton's greatest contribution to Australian history was his management of the federation movement through the 1890s. Elected at the inaugural 1901 federal election, Barton resigned from the position of Prime Minister of Australia in 1903 and became a judge of Australia's High Court.

as born in the suburb of Glebe
Glebe, New South Wales

Glebe is an inner-city suburb of Sydney. Glebe is located 3 kilometres south-west the Sydney central business district and is part of the Local Government Areas in Australia of the City of Sydney, in the Inner West region....
, the ninth child of William Barton, a stockbroker, and Mary Louise Barton.






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Sir Edmund Barton, GCMG
Order of St Michael and St George

The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV of the United Kingdom whilst he was acting as Prince Regent for his father, George III of the United Kingdom....
, KC
Queen's Counsel

Queen's Counsel , known as King's Counsel during the reign of a male Monarch, are lawyers appointed by letters patent to be one of "Her [or His] Majesty's Counsel learned in the law"....
 (18 January 1849 – 7 January 1920), Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
n politician and judge, was the first Prime Minister of Australia
Prime Minister of Australia

The Prime Minister of Australia is the head of government of the Australia, holding office on commission from the Governor-General of Australia....
 and a founding justice of the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
.

Barton's greatest contribution to Australian history was his management of the federation movement through the 1890s. Elected at the inaugural 1901 federal election, Barton resigned from the position of Prime Minister of Australia in 1903 and became a judge of Australia's High Court.

Early life

He was born in the suburb of Glebe
Glebe, New South Wales

Glebe is an inner-city suburb of Sydney. Glebe is located 3 kilometres south-west the Sydney central business district and is part of the Local Government Areas in Australia of the City of Sydney, in the Inner West region....
, the ninth child of William Barton, a stockbroker, and Mary Louise Barton. He was educated at Fort Street High School
Fort Street High School

Fort Street High School is a co-educational, Selective school , Public school high school currently located at Petersham, New South Wales, an Inner West suburb of Sydney, New South Wales, New South Wales, Australia....
 and Sydney Grammar School
Sydney Grammar School

Sydney Grammar School is an Independent school, secular, Selective school, day school for boys, located in Darlinghurst, New South Wales, Edgecliff, New South Wales and St Ives, New South Wales, all suburbs of Sydney, New South Wales, New South Wales, Australia....
, where he was twice dux
Dux

Dux is Latin for leader and for duke, and in Ancient Rome could refer to anyone who commanded troops, such as tribal leaders....
 and School Captain
School Captain

School Captain is a student elected, or appointed, to represent the school.This student, usually in the senior year, in their final year of attending that school....
 and met his life-long friend and later fellow Justice of the High Court of Australia
List of Justices of the High Court of Australia

The following table contains the details of the 44 men and four women who have ever been appointed as Justices of the High Court of Australia. The High Court of Australia was formed in 1903 under the Judiciary Act 1903, and under s 71 of the Australian Constitution the judicial power of the Commonwealth of Australia is vested in the Court....
, Richard O'Connor. He graduated with first class honours and the University Medal
University Medal

A University Medal is one of several different types of awards, bestowed by university upon outstanding students or members of staff. The usage and status of university medals differ between countries....
 in classics from the University of Sydney
University of Sydney

The University of Sydney is the List of oldest universities in continuous operation in Australia. It was established in Sydney in 1850. It is a member of Australia's "Group of Eight " universities that are highly ranked in terms of their research performance....
, where he also demonstrated considerable skill at batting (but not in fielding) at cricket
Cricket

Cricket is a Bat-and-ball games team sport that originated in southern England. The earliest definite reference is dated 1598, and it is now played in more than 100 countries....
. Barton became a barrister in 1871. On a cricket trip to Newcastle
Newcastle, New South Wales

The Newcastle metropolitan area is the second most populated area in the state of New South Wales and includes most of the City of Newcastle and City of Lake Macquarie Local Government Areas of Australia....
 in 1870, he met Jane Mason Ross, whom he married in 1877.

In 1879, Barton umpired
Umpire (cricket)

An umpire in cricket is a person who has the authority to make decisions on the cricket field, according to the Laws of Cricket. Besides making decisions about legality of delivery, appeal s for wickets and general conduct of the game in legal manner, the umpire also keeps a record of the deliveries and announces the completion of an Over...
 a cricket game at Sydney Cricket Ground
Sydney Cricket Ground

The Sydney Cricket Ground is a sports stadium in Sydney. It is used for Test cricket, One Day International cricket, some rugby league and rugby union matches, and is the home ground for the New South Wales Blues cricket team and the Sydney Swans of the Australian Football League....
 between New South Wales and an English touring side captained by Lord Harris
George Harris, 4th Baron Harris

George Robert Canning Harris, 4th Baron Harris, Order of the Star of India, Order of the Indian Empire was a United Kingdom politician, cricketer and cricket administrator....
. After a controversial decision by Barton's fellow umpire, the crowd spilled onto the pitch, leading to international cricket's first riot
Sydney Riot of 1879

The Sydney Riot of 1879 was one of the earliest riots at an international cricket match. It occurred at the Association Ground, Moore Park, in Sydney, New South Wales, Australia during a game between a touring English cricket team team captained by Robert Harris, 4th Baron Harris and a team from the New South Wales Cricket Association led by...
. The publicity that attended the young Barton's presence of mind in defusing that situation reputedly helped him take his first step towards becoming Australia's first prime minister, winning a state lower house seat later that year.

Federal Campaign

In 1876 Barton stood for the Legislative Assembly in the poll of the graduates of the University of Sydney
Electoral district of University of Sydney

University of Sydney was a former New South Wales Legislative Assembly electoral districts of the New South Wales Legislative Assembly in the Australian state of New South Wales from 1876 to 1880....
 (who were required to wear gowns for the occasion), but was beaten by 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 and Cromwell Park at the head of Long Bay, Malabar, New South Wales and parks on Clark Island , Rodd Island, and Snapper Island ....
 49 votes to 43. He was defeated again for the same seat in 1877, but won in August 1879. When it was abolished in 1880, he became the member for Wellington, from November 1880 to 1882, and East Sydney
Electoral district of East Sydney

East Sydney was a former New South Wales Legislative Assembly electoral districts for the New South Wales Legislative Assembly in the Australian State of New South Wales created in 1859 from part of the electoral district of Sydney, covering the eastern part of the current Sydney central business district, Woolloomooloo, New South Wales, Pot...
, from November 1882 to January 1887. At this stage he considered it "almost unnecessary" to point out his support for free trade. In 1882, he became Speaker of the Assembly and, in 1884, was elected President of the University of Sydney Union
University of Sydney Union

The University of Sydney Union , commonly referred to as The Union, is the student-run services and amenity provider at the University of Sydney....
. In 1887, Barton was appointed to the Legislative Council at the instigation of Sir Henry Parkes
Henry Parkes

Sir Henry Parkes, Order of St Michael and St George was an Australian statesman, the "Father of Federation." As the earliest advocate of a Federal Council of the then colonies of Australia, a precursor to the Federation of Australia, he is generally considered the most prominent of the Australian Founding Fathers....
. In January 1889, he agreed to being appointed Attorney General in George Dibbs
George Dibbs

Sir George Richard Dibbs KCMG was an Australian politician who was Premier of New South Wales on three occasions....
's Protectionist
Protectionist Party

The Protectionist Party was an Australian political party, formally organised from 1889 until 1909, with policies centred on protectionism. It argued that Australia needed protective tariffs to allow Australian industry to grow and provide employment....
 government, despite his previous support for free trade. This government only lasted until March, when Parkes formed government again.

Campaign for federation


1891 National Australasian Convention

Edmund Barton was an early supporter of federation, which became a serious political agenda after Henry Parkes
Henry Parkes

Sir Henry Parkes, Order of St Michael and St George was an Australian statesman, the "Father of Federation." As the earliest advocate of a Federal Council of the then colonies of Australia, a precursor to the Federation of Australia, he is generally considered the most prominent of the Australian Founding Fathers....
' Tenterfield Oration
Tenterfield Oration

The Tenterfield Oration was a Speech given by Sir Henry Parkes at the Tenterfield School of Arts, New South Wales, Australia on 24 October, 1889 advocating the Federation of the six Australian colonies, which were at the time self-governed but under the distant central authority of the United Kingdom Colonial Secretary....
, and was a delegate to the March 1891 National Australasian Convention. At the convention he made clear his support for the principle that "trade and intercourse … shall be absolutely free" in a federal Australia. He also advocated that, not just the lower house, but the upper house should be representative and that appeals to the Privy Council
Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833....
 should be abolished. He also took part in producing a draft constitution, which was substantially similar to the Australian Constitution enacted in 1900.

Nevertheless, the protectionists were lukewarm supporters of federation and in June 1891, Barton resigned from the Council and stood for election to East Sydney and announced that "so long as Protection meant a Ministry of enemies to Federation, they would get no vote from him". He topped the poll and subsequently voted with Parkes, but refused to take a position in his minority government. After the Labor Party
Australian Labor Party

The Australian Labor Party is an List of political parties in Australia.Known as the Australian Labor Party#Etymology for short, the party is the current governing party of Australia, since the Australian federal election, 2007....
 withdrew support and the government fell in October 1891, Parkes persuaded him to take over the leadership of the Federal movement in New South Wales.

Attorney General for the second time

Dibbs formed a Protectionist
Protectionist Party

The Protectionist Party was an Australian political party, formally organised from 1889 until 1909, with policies centred on protectionism. It argued that Australia needed protective tariffs to allow Australian industry to grow and provide employment....
 government and Barton agreed to be Attorney General with the right of carry out private practice as a lawyer. His agreement was based on Dibbs agreeing to support federal resolutions in the coming parliamentary session. His attempt to draft the federal resolutions was delayed by a period as acting premier
Premiers of New South Wales

Before the 1890s, there was no formal party system in New South Wales. Party labels before that time indicate a general tendency only. In the 1860s and 1870s, there was a fairly coherent "liberal" tendency, led first by Charles Cowper and then by Henry Parkes....
, when he had to deal with the 1892 Broken Hill
Broken Hill, New South Wales

Broken Hill is an isolated mining city and Local Government Areas of Australia in the far west of outback New South Wales, Australia. The world's largest mining company, BHP Billiton, has roots in the town....
 miners strike, and his carriage of a complex electoral reform bill. He introduced the federal resolutions into the House on 22 November 1892 but was unable to get them considered in committee. Meanwhile, he began a campaign to spread support for federation to the people with meetings in Corowa
Corowa, New South Wales

Corowa is a town in the state of New South Wales in Australia.  It is on the bank of the Murray River, the border between New South Wales and Victoria , opposite the Victorian town of Wahgunyah, Victoria.  Corowa is the administrative centre of Corowa Shire Council....
 and Albury
Albury, New South Wales

Albury is a city in New South Wales, Australia, located on the Hume Highway on the northern side of the Murray River. It is also a Local Government Areas in Australia, administered by Albury City Council....
 in December 1892. Although, he finally managed to get the federal resolutions considered in committee in October 1893, he then could not get them listed for debate by the House. In December, he and Richard O'Connor, the Minister for Justice, were questioned about their agreement to act as private lawyers against the government in Proudfoot v. the Railway Commissioners. While Barton resigned the brief, he lost a motion on the right of ministers to act in their professional capacity as lawyers in actions against the government, and immediately resigned as Attorney General.

In July 1894, Barton stood for re-election for Randwick
Electoral district of Randwick

Randwick was an Australian New South Wales Legislative Assembly electoral districts of the New South Wales Legislative Assembly in the Australian state of New South Wales, originally created with the abolition of multi-member constituencies in 1894 from part of Electoral district of Paddington, along with Electoral district of Waverley and El...
 (the multi-member electorate of East Sydney had been abolished) and lost. He did not stand for election in the 1895 elections, because of the need to support his large family during a period when parliamentarians were not paid. However, he continued to campaign for federation and during the period between January 1893 to February 1897, Barton addressed nearly 300 meetings in New South Wales, including in the Sydney suburb of Ashfield
Ashfield, New South Wales

Ashfield is a suburb in the Inner West of Sydney, in the state of New South Wales, Australia. Ashfield is located approximately 9 kilometres south-west of the Sydney central business district and is the administrative centre for the Local Government Areas in Australia of the Municipality of Ashfield....
 where he declared that "For the first time in history, we have a nation for a continent and a continent for a nation". By March 1897 he was considered "the acknowledged leader of the federal movement in all Australia".

Australasian Federal Convention and referenda

In 1897 Edmund Barton topped the poll of the delegates elected from New South Wales to the Constitutional Convention
Constitutional Convention (Australia)

In Australian history, the term Constitutional Convention refers to four distinct gatherings....
 which developed a constitution for the proposed federation. Although Sir Samuel Griffith
Samuel Griffith

Sir Samuel Walker Griffith Order of St Michael and St George Queen's Counsel, was an Australian politician, Premier of Queensland, Chief Justice of Australia and a principal author of the Constitution of Australia....
 wrote most of the text of the Constitution, Barton was the political leader who carried it through the Convention.

In May 1897 Barton was appointed for the second time to the Legislative Council on Reid's recommendations to take charge of the federation bill in the Upper House. This gave Reid's Attorney General, John Henry Want
John Henry Want

John Henry Want was an Australian barrister and politician, attorney-general in New South Wales....
 a free hand to oppose the bill. In September 1897 the convention met in Sydney to consider 286 proposed amendments from the colonies. It finalised its draft constitution in March 1898 and Barton went back to New South Wales to lead the campaign for a yes vote in the June referendum. Although it gained majority support, it only achieved 71,595 of the minimum 80,000 required to pass.

In July 1898 Barton resigned from the Upper House to stand against Reid for election to the Legislative Assembly, but narrowly lost. In September, he won a by-election for Hastings and Macleay and was immediately elected leader of the opposition, which consisted of a mixture of pro-federation and anti-federation protectionists. In January 1899 Reid gained significant concessions from the other states and he joined Barton in campaigning for the second referendum in June 1899, with Barton campaigned all over the state. It passed 107,420 votes to 82,741.

In August 1899 when it became clear that the Labor Party
Australian Labor Party

The Australian Labor Party is an List of political parties in Australia.Known as the Australian Labor Party#Etymology for short, the party is the current governing party of Australia, since the Australian federal election, 2007....
 could be maneuvered into bringing down the Reid Government, Barton resigned as leader of the opposition, as he was unacceptable to Labor, and William Lyne
William Lyne

Sir William John Lyne Order of St Michael and St George , Australian politician, was Premiers of New South Wales and a member of the Barton Ministry....
 took his place. He refused an offer to become Attorney General again. He resigned from Parliament in February 1900 so that he could travel to London
London

London is the capital of both England and the United Kingdom, and the most populous municipality in the European Union. An important settlement for two millennia, History of London goes back to its founding by the Roman Empire....
 with Alfred Deakin
Alfred Deakin

Alfred Deakin , Australian politician, was a leader of the movement for Australian federation and later second Prime Minister of Australia. In the last quarter of the nineteenth century, Deakin was a major contributor to the establishment of liberal reforms in the colony of Victoria , including the protection of rights at work....
 and Charles Kingston
Charles Kingston

Charles Cameron Kingston, Australian politician, was an early liberalism Premier of South Australia serving from 1893 to 1899 with the support of Australian Labor Party led by John McPherson from 1893 and Lee Batchelor from 1897 in the South Australian House of Assembly, winning the South Australian state election, 1893, South Australian sta...
 to explain the federation bill to the British Government. The British Government was adamant in its opposition to the abolition of appeals to the Privy Council as incorporated in the draft constitution—eventually Barton agreed that constitutional (inter se
Inter se

Inter se is a Legal Latin phrase meaning "between or amongst themselves". For example;In Australian constitutional law, it refers to matters concerning a dispute between the Government of Australia and one or more of the States and Territories of Australia concerning the extents of their respective powers....
) matters would be finalised in the High Court
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
, but other matters could be appealed to the Privy Council.

First Prime Minister

Ac
Few people doubted that Barton, as the leading federalist in the oldest state, deserved to be the first Prime Minister of the new federation. However, since no federal Parliament had yet been established, the usual convention of appointing the leader of the largest party in the lower house could not apply. The newly arrived Governor-General
Governor-General of Australia

The Governor-General of the Commonwealth of Australia is the representative in Australia of the Monarchy of Australia . He or she exercises the supreme executive power of the Commonwealth....
, Lord Hopetoun
John Hope, 1st Marquess of Linlithgow

John Adrian Louis Hope, 1st Marquess of Linlithgow Order of the Thistle, Order of St Michael and St George, Royal Victorian Order, Privy Council of the United Kingdom , known as Viscount Aithrie before 1873 and as The 7th Earl of Hopetoun between 1873 and 1902, was the first Governor-General of Australia....
, instead invited Sir William Lyne
William Lyne

Sir William John Lyne Order of St Michael and St George , Australian politician, was Premiers of New South Wales and a member of the Barton Ministry....
, the premier of New South Wales, to form a government. Hopetoun's decision, known as the Hopetoun Blunder
Hopetoun Blunder

The Hopetoun Blunder was a political event immediately prior to the Federation of Australia of the British colonies in Australia.Federation was scheduled to occur on 1 January 1901, but since elections for the first Parliament of Australia were not to be held until March of that year, it was not possible to follow the conventions of the Wes...
, can be defended on grounds that Lyne had seniority, but as an opponent of federation Lyne was unacceptable to prominent federalists such as Deakin, who refused to serve under him. After tense negotiations, Barton was appointed Prime Minister and he and his ministry were sworn in on 1 January 1901.

Barton's government consisted of himself as Prime Minister and Minister for External Affairs, Alfred Deakin
Alfred Deakin

Alfred Deakin , Australian politician, was a leader of the movement for Australian federation and later second Prime Minister of Australia. In the last quarter of the nineteenth century, Deakin was a major contributor to the establishment of liberal reforms in the colony of Victoria , including the protection of rights at work....
 as Attorney-General, Sir William Lyne as Minister for Home Affairs, Sir George Turner as Treasurer, Charles Kingston
Charles Kingston

Charles Cameron Kingston, Australian politician, was an early liberalism Premier of South Australia serving from 1893 to 1899 with the support of Australian Labor Party led by John McPherson from 1893 and Lee Batchelor from 1897 in the South Australian House of Assembly, winning the South Australian state election, 1893, South Australian sta...
 as Minister for Trade and Customs, Sir James Dickson
James Dickson

Sir James Robert Dickson, Order of St Michael and St George was an Australian politician and businessman, the 13th Premier of Queensland and a member of the first federal ministry....
 as Minister for Defence, and Sir John Forrest
John Forrest

Sir John Forrest Order of St Michael and St George was an Australian explorer, the first Premier of Western Australia and a cabinet minister in Australia's first federal parliament....
 as Postmaster-General. Richard O'Connor was made Vice-President of the Executive Council and Elliott Lewis
Elliott Lewis

Sir Neil Elliott Lewis, Order of St Michael and St George , Australian politician, was Premier of Tasmania on three occasions. He was also a member of the Barton Ministry, led by Edmund Barton....
 was appointed Minister without Portfolio. Only ten days into the life of the government, Sir James Dickson died suddenly; he was replaced on 17 January as Minister for Defence by John Forrest, and James Drake
James Drake

James George Drake , Australian politician, was a member of the first federal ministry.Drake was born in London and educated at King's College School, and migrated to Australia in 1873, working as a storekeeper and journalist in Queensland....
 was brought into the ministry as Postmaster-General on 5 February.

The main task of Barton's ministry
Barton Ministry

The Barton Ministry was the first Australian Commonwealth ministries, and ran from 1 January 1901 to 24 September 1903. The ministry was made up of Protectionist Party members....
 was to organise the conduct of the first federal elections, which were held in March 1901. Barton was elected unopposed to the seat of Hunter
Division of Hunter

The Division of Hunter is an Divisions of the Australian House of Representatives in the States and territories of Australia of New South Wales....
 in the new Parliament (although he never lived in that electorate) and his Protectionist Party won enough seats to form a government with the support of the Labor Party
Australian Labor Party

The Australian Labor Party is an List of political parties in Australia.Known as the Australian Labor Party#Etymology for short, the party is the current governing party of Australia, since the Australian federal election, 2007....
. All his ministers were elected, except for Elliott Lewis, who did not stand for election and was replaced by Sir Philip Fysh
Philip Fysh

Sir Philip Oakley Fysh, KCMG was an Australian politician, Premier of Tasmania and a member of the first Cabinet of Australia.Fysh was born in Highbury, London, the son of John Fysh and his wife Charlotte....
.

The Barton government's first piece of legislation was the Immigration Restriction Act, which put the White Australia Policy
White Australia policy

The White Australia policy is a term used to describe a collection of historical policies that intentionally restricted non-white immigration to Australia from 1901 to 1973....
 into law. The Labor Party's required legislation to limit immigration from Asia as part of its agreement to support the government, although in fact Barton had promised the introduction of the White Australia Policy in his election campaign. Barton stated "The doctrine of the equality of man was never intended to apply to the equality of the Englishman and the Chinaman". One notable reform was the introduction of women's suffrage for federal elections in 1902.

For much of 1902 Barton was in England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 for the coronation of King Edward VII
Edward VII of the United Kingdom

Edward VII was Monarch of the United Kingdom of Great Britain and Ireland and the British Dominions and Emperor of India from 22 January 1901 until his death on 6 May 1910....
. This trip was also used to negotiate the replacement of the naval agreements between the Australian colonies and the United Kingdom (under which Australia funded Royal Navy
Royal Navy

The Royal Navy of the United Kingdom is the oldest of the British Armed Forces . From the mid-18th century until well into the 20th century, it was the most powerful navy in the world, playing a key part in establishing the British Empire as the dominant world power from 1815 until the early 1940s....
 protection from foreign naval threats) by an agreement between the Commonwealth and the United Kingdom. Deakin disliked this arrangement and discontinued it and moved to substantially expand Australia's own navy
Royal Australian Navy

The Royal Australian Navy is the navy of the Australian Defence Force. Established in 1901, the RAN was formed out of the Commonwealth Naval Forces to become the small navy of Australia after federation, consisting of the former colonial navies of the new Australian states....
 in 1908.

Barton was a moderate conservative, and advanced liberals in his party disliked his relaxed attitude to political life. A large, handsome, jovial man, he was fond of long dinners and good wine and was given the nickname "Toby Tosspot" by The Bulletin
The Bulletin

The Bulletin is a discontinued Australian weekly magazine that was published in Sydney from 1880 until January 2008. It was influential in Australian culture and politics from about 1890 until World War I, the period when it was identified with the "Bulletin school" of Australian literature....
. In September 1903, Barton left Parliament to become one of the founding justices of the High Court of Australia
High Court of Australia

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States and territories of Australia, and interprets the Const...
. He was succeeded as Prime Minister by Deakin on 24 September.

Judicial career

On the bench Barton was considered a good and "scrupulously impartial" judge and adopted the same position of moderate conservatism he had taken in politics. Along with his colleagues Griffith
Samuel Griffith

Sir Samuel Walker Griffith Order of St Michael and St George Queen's Counsel, was an Australian politician, Premier of Queensland, Chief Justice of Australia and a principal author of the Constitution of Australia....
 and O'Connor, he attempted to preserve the autonomy of the States and developed a doctrine of "implied immunity of instrumentalities", which prevented the States from taxing Commonwealth officers, and also prevented the Commonwealth from arbitrating industrial disputes in the States' railways. They also narrowly interpreted the Federal Government's powers in commercial and industrial matters. After 1906 Barton increasingly clashed with Isaac Isaacs
Isaac Isaacs

Sir Isaac Alfred Isaacs Order of the Bath Order of St Michael and St George Queen's Counsel , Australian judge and politician, was the ninth Governor-General of Australia and the first born in Australia to occupy that post....
 and H.B. Higgins, the two advanced liberals appointed to the court by Deakin. Like Sir Samuel Griffith, Barton was several times consulted by Governor-Generals of Australia on the exercise of the reserve powers. In 1919, although ill, he was extremely disappointed to be passed over for the position of Chief Justice on the retirement of Griffith.

Death and family

Barton died of heart failure at the Hydro Majestic Hotel
Hydro Majestic Hotel

The Hydro Majestic Hotel is located in Medlow Bath, New South Wales, Australia. The hotel is located on a clifftop overlooking the Megalong Valley on the southern side of the Great Western Highway....
, Medlow Bath
Medlow Bath, New South Wales

Medlow Bath is a small town located near the highest point of the Blue Mountains , between Katoomba, New South Wales and Blackheath, New South Wales....
, New South Wales
New South Wales

New South Wales is Australia's oldest and most populous States and territories of Australia, located in the south-east of the country, north of Victoria and south of Queensland....
. He was interred in South Head General Cemetery in the Sydney suburb of Vaucluse (see Waverley Cemetery
Waverley Cemetery

The Waverley Cemetery opened in 1877 and is a cemetery located on top of the cliffs at Bronte, New South Wales in the eastern suburbs of Sydney....
). He was survived by his wife and six children:
  • Edmund Alfred (29 May 1879 - 13 November 1949), a New South Wales judge
  • Wilfrid Alexander (1880–), first NSW Rhodes Scholar (1904)
  • Jean Alice (1882–), married Sir David Maughan (1873–1955) in 1909
  • Arnold Hubert (3 January 1884 – 1948), married Jane Hungerford in Sydney 1907; he later emigrated to Canada
  • Oswald (8 January 1888 – 6 February 1956), medical doctor
  • Leila Stephanie (1892–)


Honours

Barton refused knighthoods in 1887, 1891 and 1899, but agreed to be made a Knight Grand Cross of St Michael and St George
Order of St Michael and St George

The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV of the United Kingdom whilst he was acting as Prince Regent for his father, George III of the United Kingdom....
 in 1902. He received an honorary LL.D.
Doctor of Laws

Doctor of Laws is a doctorate-level academic degree in law. What follows is a country-by-country analysis of earned doctorates in law, which are the most analogous to the concept of the LL.D....
 from the University of Cambridge
University of Cambridge

The University of Cambridge , located in Cambridge, England, is the List of oldest universities in continuous operation university in the Anglosphere....
 in 1900.

See also

  • George Burnett Barton
    George Burnett Barton

    George Burnett Barton was an Australian lawyer, journalist and historian.Barton was born in Sydney, the second son of William Barton and elder brother of Sir Edmund Barton....
    , elder brother of Sir Edmund Barton.