Edward Eagar
Edward Eagar | |
|---|---|
| Born | 1787 Killarney, Ireland |
| Died | 1866 (aged 78–79) London, England |
| Occupations | Lawyer, merchant |
| Criminal status | Pardoned |
| Children | Geoffrey Eagar |
| Conviction | Forgery |
| Criminal penalty | Transportation to New South Wales |
Edward Eagar (1787–1866) was a lawyer, merchant and criminal.
Early life
Eagar was born in Killarney, Ireland. His parents were landed gentry so he was well educated. He trained as a solicitor and became an attorney to His Majesty's Courts in Ireland. In 1809 he was charged with forging a bill of exchange, and he was convicted and sentenced to death. He pleaded for clemency and either his family influence or his conversion to Christianity saw him gaoled for 18 months until he was transported to Sydney.[1] The chaplain sent with him to Australia a letter to Reverend Samuel Marsden that said, "Edward Eagar has really become a new creature."[2]
Transportation
The ship Providence arrived in Sydney in 1811 and Eagar was assigned to teach children. He soon commenced Bible classes in the Windsor district. He was then given charge of the local school. In 1812 he met with two newcomers, Thomas Bowden and John Hoskin, and they formed the first membership of the first Methodist church in Australia, known as Wesley Mission, on 12 March 1812. Eagar wrote to the Methodist Conference in England to "send us a Minister lest we die in our sins". The Minister, Reverend Samuel Leigh, arrived in 1815, and Eagar introduced him to Governor Macquarie. Reverend Leigh was the first Methodist minister in Australia, and he is remembered by the Leigh Memorial Church in Parramatta.[2] Leigh was formerly remembered in the name of the Methodist Theological College, Leigh College, at Strathfield South, New South Wales and, with its absorption into the new United Theological College at North Parramatta, New South Wales, he is now remembered in the Leigh Theological Library of the Centre for Ministry which houses the college.
Eagar assisted in founding the Sydney Benevolent Society,[3] and subsequently the Royal Women's Hospital at Paddington, the British and Foreign Bible Society, and the Australian Religious Tract Society. He established the Society for the Protection and Civilisation of Distressed Islanders of the South Seas. He also planned the first mission to Aboriginal Australians. He also put up 10 per cent of the funding capital to establish the Bank of New South Wales, now known as Westpac, but he was angry that he was not allowed to become a director of the bank because he had been a convict.[2]
In 1818 Eagar was granted a full pardon. However, Judge Jeffery Hart Bent did not let him forget he had been a convict and had been discarded from practice as a lawyer.
Convict rights
The Eagar case
In 1820, Eagar attempted to bring a civil case in the New South Wales Supreme Court. However, the recently appointed Judge Barron Field ruled that pardons issued in New South Wales had not been conducted according to the correct procedure and, as such, had not fully restored their rights to property and to sue. This effectively overturned the precedent established in the Kable case, and contradicted several decades of established custom in the colony.[4]
Although the Eagar case could have devastated the colony’s systems of commerce,[5] practical realities still demanded that convict civil rights be recognised. This was demonstrated when Charles Kable,[a] a former convict who had become a wealthy businessperson, defended an action brought against him for repayment of debt on the grounds that he lacked property rights so could not be sued.[6] As such, in the years following colonial courts managed to avoid many of the implications of the law of attaint through reliance on legal technicalities.[7]
Other advocacy
Other emancipated convicts also saw their rights denied. So Eagar took up their case with the British Government. He fought for trial by jury and for freedom to trade commercially. This was the first Australian attempt to change government policy. Dr William Redfern, after whom the Sydney suburb of Redfern is named, and Edward Eagar sailed to London in 1821 to argue the case in the Court of St. James's on behalf of other emancipated convicts. Eagar fought the case for 20 years, and eventually won.[2]
Legacy
Eagar was one of Australia's first liberal political agitators. He left his wife and three sons behind, taking his daughter with him to London. He was never to return. He married a 16-year-old girl and they had 10 children. His Sydney wife, Jemima, moved into a new house in Macquarie Street, just down the road from Parliament House, paid for by William Wentworth, with whom she had a son.[8] At the time Wentworth was arguably Australia's most famous citizen. He was among the first settlers to cross the Blue Mountains and the most powerful member of the Legislative Council. Eagar's son Geoffrey became the first accountant of the Bank of New South Wales, a leading public servant, a member of the Legislative Council and eventually Treasurer of New South Wales,[9] described as the best Treasurer of the nineteenth century,[2] and a long-serving Cabinet Minister.
The Wesley Mission's Edward Eagar Lodge in Surry Hills is named after Edward.[2]
See also
Notes
- ^ Charles Kable was of no relation to Henry Kable, the claimant in the Kable case.
References
- ^ McLachlan, N D (1966). "Eagar, Edward (1787–1866)". Australian Dictionary of Biography. Vol. 1. National Centre of Biography, Australian National University. pp. 343–344. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943. Retrieved 17 January 2021.
- ^ a b c d e f Gordon Moyes (7 April 2005). "Tribute to Mr Edward Eagar". Parliamentary Debates (Hansard). New South Wales: Legislative Council. pp. 15263–15264. Retrieved 16 January 2021.
- ^ "Association for the relief of the poor, aged and infirm, and for other benevloent purposes". The Sydney Gazette and New South Wales Advertiser. 9 May 1818. p. 2. Retrieved 16 January 2021 – via Trove.
- ^ Neal, David (2002). The rule of law in a penal colony: law and power in early New South Wales. Studies in Australian history. Cambridge: Cambridge University Press. pp. 96–97. ISBN 978-0-521-52297-7.
- ^ Kercher, Bruce (2020). An unruly child: a history of law in Australia. London New York: Routledge, Taylor & Francis Group. pp. 32–33. ISBN 978-1-86373-891-0.
- ^ R v Charles Kable, (Supreme Court of New South Wales, July 1822) as reported in Sydney Gazette, 8 and 22 July 1822.
- ^ Kercher, Bruce (2020). An unruly child: a history of law in Australia. London New York: Routledge, Taylor & Francis Group. p. 37. ISBN 978-1-86373-891-0.
- ^ Tink, Andrew (2009). William Charles Wentworth : Australia's greatest native son. Allen & Unwin. ISBN 978-1-74175-192-5.
- ^ Lamb, P N (1972). "Eagar, Geoffrey (1818-1891)". Australian Dictionary of Biography. National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943. Retrieved 16 January 2021.