Francis Forbes: Difference between revisions

| predecessor2 = [[Caesar Colclough (judge)|Caesar Colclough]]

In 1816 he was invited to be Chief Justice of [[Colony of Newfoundland|Newfoundland]], and was sworn in at [[St. John's, Newfoundland and Labrador|St. John's]] in July, 1816. While in Newfoundland, he severely curtailed the powers of the naval governors. In 1820, he wrote the lyrics of the song "[[The Banks of Newfoundland]]". Poor health and three severe winters forced Forbes to return to London to recuperate in 1822. Rather than return to Newfoundland’s maritime climate, Forbes accepted a position as Chief Justice of New South Wales and Van Diemen’s Land.<ref>{{cite book|last1=Bennett|first1=J,. M.|title=Lives of the Australian Chief Justices. Sir Francis Forbes.|date=2001|publisher=The Federation Press|location=Sydney|page=21}}</ref><ref>{{DictCanbio|ID=3386}}</ref>

In 1822, he was appointed to be Chief Justice of the Supreme Court of [[Colony of New South Wales|New South Wales]], to oversee the reform of the administration of the legal system in the colony, following the inquiry into the colony's affairs by commissioner [[John Bigge]].<ref name="2nd report">{{cite book |last1=John Thomas |first1=Bigge |title=Report of the Commissioner of Inquiry on the judicial establishments of New South Wales and Van Diemen's Land |year=1823 |url=https://books.google.com/books?id=9rFbAAAAQAAJ&pg=RA3-PA3 |work=House of Lords Sessional papers 1801-1833 Vol 152 |ref=CITEREFBigge 2nd Report (1923) |access-date=11 June 2019 |archive-url=https://web.archive.org/web/20190225162349/https://books.google.com.au/books?id=9rFbAAAAQAAJ&pg=RA3-PA3#v=onepage&q&f=false |archive-date=25 February 2019 |url-status=live }}</ref> Before departing for Australia, he helped draft the [[New South Wales Act 1823]] ([[4 Geo. IV4]]. c. 96) which, along with the Charter of Justice issued under it on 13 October 1823, replaced the legal tribunals of convict days with a Supreme Court possessing comprehensive jurisdiction. Under the new system, Forbes was not only the sole judge, subject only to the appellate power of the [[Governor of New South Wales|Governor]], but also an [[Ex officio member|''ex officio'' member]] of the [[Executive Council of New South Wales|Executive Council]] and the [[New South Wales Legislative Council|Legislative Council]], and all colonial legislation had to be certified by him as not being repugnant to the laws of England.<ref name="NSW Parl">{{Cite NSW Parliament |id=222 |name=Sir Francis Forbes (1784-1841) |former=Yes |access-date=17 April 2019}}</ref>

Forbes arrived in [[Sydney]] in March 1824 and the Court commenced on 17 May 1824. The Governor, [[Thomas Brisbane|Sir Thomas Brisbane]], was impressed by Forbes, and in his dispatches of 1 July and 12 August 1824 reported that "since the arrival of the chief justice the state of the Colony has assumed a new tone". Forbes had no difficulties with Brisbane, but it was not long before he came into conflict with the new governor, [[Ralph Darling|Sir Ralph Darling]]. It was proposed to pass acts for the purpose of restraining the liberty of the press, and Forbes refused to certify them as he considered them repugnant to the laws of England. He pointed out how necessary it was to go carefully, as in the then conditions of the colony the people looked upon the Supreme Court as their protection against absolute power. "I had been appointed by Parliament", said Forbes, "to see that the laws of the Empire were not encroached upon ... I refused to certify the Governor's Bills because I thought them repugnant to law ... What legal right could the Governor claim to press me further?".<ref>{{cite web|last1=Forbes|first1=Francis|title=correspondence mainly relating to cases of libel and freedom of the press|url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=201964|website=State Library of New South Wales|publisher=State Library of New South Wales|accessdate=1 February 2017|ref=A 746}}</ref> After great discussion the issue went to the Colonial Office, whose legal advisors were of opinion that Forbes was right in refusing to certify the act for licensing newspapers. They thought he had been wrong with regard to the newspaper stamp act but, as there was no reason to doubt that he had formed his opinion honestly, he had executed his duty in acting upon it. Forbes' workload had been and continued to be heavy, his controversy with Darling was harassing, and his health suffered.

Forbes also championed the introduction of trial by jury in NSW. On 14 October 1824, in the [[Court of quarter sessions|court of Quarter Sessions]] (so named because they met four times per year), 12 men who had not been convicts were sworn in as the first jurors. There was intense opposition from the magistrates to this initiative as they had formerly ruled on all the criminal trials in these courts.<ref>{{cite journal|title=The empire : Sydney journal of news, politics and commerce.|journal=Empire (Sydney)|date=25 September 1866|url=https://primo-slnsw.hosted.exlibrisgroup.com/primo-explore/fulldisplay?docid=SLNSW_ALMA21144822510002626&context=L&vid=SLNSW&search_scope=EEA&tab=default_tab&lang=en_US|accessdate=1 February 2017}}</ref>

Forbes was also a strong advocate for free education. In 1830 he laid the foundation stone for the non-denominational Sydney College (now [[Sydney Grammar School]]), having spent the previous five years chairing the committee for its establishment. He remained as chairman of the board of trustees when the school finally opened in 1835 in [[College Street, Sydney|College Street]] near [[Hyde Park, Sydney|Hyde Park]].

Early in 1837, Forbes' received the news that he would be given a knighthood. After recovering from two bouts of influenza, he made it to [[St James Palace]] on 5 April 1837 to be dubbed by [[King William IV]]. Francis Forbes, the boy from Bermuda with a rich Scottish heritage and a passion for justice returned to Australia as Sir Francis Forbes.

Given all this activity, it is not surprising that the time Forbes spent on sick leave in England did not help him regain his strength. He even tried ‘taking the waters’ at a variety of spa resorts in France and Italy, but to no avail. He felt like he was "sinking under the weight" of his office and his hand shook as he tried to write his resignation letter.<ref name="Manuscript">{{cite web|last1=Forbes|first1=Francis|title=Francis Forbes - Appointments, correspondence &c., ca. 1810-1875|url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=431511|website=State Library of New South Wales|publisher=State Library of New South Wales|accessdate=1 February 2017}}</ref> (see ML MSS 403/6, 135 at 137).

After spending time in England and Europe, he admitted that his "nerves [were] so shattered as to affect my powers of mind as well as body". He retired as Chief Justice of New South Wales on 1 July 1837.<ref name="ADB">{{cite AuDB|last1=Currey|first1=C.H.|title=Forbes, Sir Francis (1784–1841)|id2=forbes-sir-francis-2052|accessdate=1 February 2017}}</ref> His dream of a comfortable retirement at ‘Edinglassie’, a rural retreat he built on his property in the Nepean, was never realised as he needed to be close to his doctors.<ref>{{cite web|last1=Martens|first1=Conrad|title=View of Edinglassie (Watercolour)|url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=404680|website=State Library of New South Wales|publisher=State Library of New South Wales|accessdate=1 February 2017}}</ref>

*[http://www.forbessociety.org.au Francis Forbes Society for Australian Legal History] {{Webarchive|url=https://web.archive.org/web/20081017102112/http://www.forbessociety.org.au/ |date=17 October 2008 }}

[[Category:Bermudian emigrants to Australia]]