William Westbrooke Burton
Encyclopedia
Sir William Westbrooke Burton (31 January 1794 – 6 August 1888) was a judge
and president of the legislative council
, New South Wales
, (Australia
).
, Northamptonshire
, England
, the fifth son of Edmund Burton, solicitor, and his wife Eliza, a daughter of the Rev. John Mather. Burton was educated at Daventry Grammar School and entered the Royal Navy
as a midshipman
in 1807 and served in the Conqueror under Thomas Fellowes, a very strict disciplinarian and later a rear-admiral. He saw service off Toulon in 1811, at New Orleans in 1814. He later served in the Barham, Tonnant and Ortando, and visited Lisbon, Cadiz, the Canaries, the Mediterranean, the East and West Indies and China.
in November 1819, and was called to the bar in November 1824. He was recorder of Daventry in 1826-1827, and a puisne judge of the supreme court at the Cape of Good Hope
1828–1832, and then transferred to the Supreme Court
at Sydney
. In July 1834 he went to Norfolk Island
to preside over the trial of some convict
leaders who had mutinied. Thirteen were sentenced to death, but as no clergy were on the island, Burton reprieved them until their cases could go before the executive council and clergy could be sent to the island. He endeavoured also with some success to improve the miserable conditions of the convicts; Burton being a religious man, arranged that two of the prisoners should act as catechists to the others until clergy could be procured. Eventually both Protestant and Roman Catholic chaplains were appointed. Burton gave an account of the position at Norfolk Island in his book The State of Religion and Education in New South Wales, (1840). Two years later he published The Insolvent Law of New South Wales, with Practical Directions and Forms.
In 1844 Burton was appointed a judge at Madras, leaving New South Wales on 6 July 1844. Had this appointment been delayed for a few months he would have become chief justice as Sir James Dowling
died in September. Burton carried out his judicial duties at Madras in a capable way and on his retirement returned to Sydney in 1857.
on his History of Australia which had been read to him. He died aged 94 on 6 August 1888.
Burton married (1) Margaret, daughter of Leny Smith, a crape manufacturer of Hackney Wick, London, and (2) Maria Alphonsine, daughter of John Beatty West. He was knighted in 1844.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and president of the 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...
, 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...
, (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...
).
Early life
Burton was born in DaventryDaventry
Daventry is a market town in Northamptonshire, England, with a population of 22,367 .-Geography:The town is also the administrative centre of the larger Daventry district, which has a population of 71,838. The town is 77 miles north-northwest of London, 13.9 miles west of Northampton and 10.2...
, Northamptonshire
Northamptonshire
Northamptonshire is a landlocked county in the English East Midlands, with a population of 629,676 as at the 2001 census. It has boundaries with the ceremonial counties of Warwickshire to the west, Leicestershire and Rutland to the north, Cambridgeshire to the east, Bedfordshire to the south-east,...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the fifth son of Edmund Burton, solicitor, and his wife Eliza, a daughter of the Rev. John Mather. Burton was educated at Daventry Grammar School and entered the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
as a midshipman
Midshipman
A midshipman is an officer cadet, or a commissioned officer of the lowest rank, in the Royal Navy, United States Navy, and many Commonwealth navies. Commonwealth countries which use the rank include Australia, New Zealand, South Africa, India, Pakistan, Singapore, Sri Lanka and Kenya...
in 1807 and served in the Conqueror under Thomas Fellowes, a very strict disciplinarian and later a rear-admiral. He saw service off Toulon in 1811, at New Orleans in 1814. He later served in the Barham, Tonnant and Ortando, and visited Lisbon, Cadiz, the Canaries, the Mediterranean, the East and West Indies and China.
Legal career
Burton then studied law, entering the Inner TempleInner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in November 1819, and was called to the bar in November 1824. He was recorder of Daventry in 1826-1827, and a puisne judge of the supreme court at the Cape of Good Hope
Cape of Good Hope
The Cape of Good Hope is a rocky headland on the Atlantic coast of the Cape Peninsula, South Africa.There is a misconception that the Cape of Good Hope is the southern tip of Africa, because it was once believed to be the dividing point between the Atlantic and Indian Oceans. In fact, the...
1828–1832, and then transferred to the Supreme Court
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
at 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 July 1834 he went to Norfolk Island
Norfolk Island
Norfolk Island is a small island in the Pacific Ocean located between Australia, New Zealand and New Caledonia. The island is part of the Commonwealth of Australia, but it enjoys a large degree of self-governance...
to preside over the trial of some convict
Convict
A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison", sometimes referred to in slang as simply a "con". Convicts are often called prisoners or inmates. Persons convicted and sentenced to non-custodial sentences often are not termed...
leaders who had mutinied. Thirteen were sentenced to death, but as no clergy were on the island, Burton reprieved them until their cases could go before the executive council and clergy could be sent to the island. He endeavoured also with some success to improve the miserable conditions of the convicts; Burton being a religious man, arranged that two of the prisoners should act as catechists to the others until clergy could be procured. Eventually both Protestant and Roman Catholic chaplains were appointed. Burton gave an account of the position at Norfolk Island in his book The State of Religion and Education in New South Wales, (1840). Two years later he published The Insolvent Law of New South Wales, with Practical Directions and Forms.
In 1844 Burton was appointed a judge at Madras, leaving New South Wales on 6 July 1844. Had this appointment been delayed for a few months he would have become chief justice as Sir James Dowling
James Dowling
Sir James Dowling was an English-born Australian jurist in New South Wales, Chief Justice of the Supreme Court of New South Wales 1837 – 1844....
died in September. Burton carried out his judicial duties at Madras in a capable way and on his retirement returned to Sydney in 1857.
Political career
Burton was nominated to the N.S.W. Legislative Council and sworn in on 11 August 1857. In March 1858 he was elected its president. In May 1861, on account of the council having insisted on amendments to two measures brought forward by the government, the crown lands alienation bill and the crown lands occupation bill, an attempt was made to swamp the chamber by appointing 21 new members. When the council met and the new members were waiting to be sworn in, Burton stated that he felt he had been treated with discourtesy in the matter, resigned his office of president and his membership, and left the chamber followed by several others. The house was adjourned, and as the session had nearly closed it was impossible to do anything until the next session. When the council was reconstituted later a compromise was come to, under which practically the whole of the 21 proposed new members were not again nominated; but Burton also was not nominated.Late life
Burton went to England in 1861 and lived in retirement. He was blind in his later years and when about 90 dictated a letter congratulating George William RusdenGeorge William Rusden
George William Rusden was an English-born historian, active in Australia.-Early life:Rusden was born in Leith Hill Place , Surrey, England, son of the Rev. George Keylock Rusden, M.A. and his wife Anne, née Townsend. G.K...
on his History of Australia which had been read to him. He died aged 94 on 6 August 1888.
Burton married (1) Margaret, daughter of Leny Smith, a crape manufacturer of Hackney Wick, London, and (2) Maria Alphonsine, daughter of John Beatty West. He was knighted in 1844.