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Alfred Stephen

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255:, the final push by European settlers to destroy the resistance of the Tasmanian Aboriginal People. Following an incident where four company servants under the supervision of Alexander Goldie shot one Aboriginal woman and executed another with an axe on 21 August 1829, the case came before Stephens. Despite the proclamation of martial law clearly stating "that defenceless women and children be invariably spared", Stephen ruled that the natives were "open enemies to the King, in a state of actual warfare against him", and thus "the Pursuit of the Natives by Mr Goldie and his party, was lawful". At a meeting of 400 of Hobart's most notable inhabitants discussing the establishment of a town guard on 22 September 1830, once discussion had turned to the broader question of the object of the operation, Stephens was reported as saying "If you cannot … I say boldly and broadly, exterminate!". 282:, and on 7 October 1844, he was appointed acting chief justice. His appointment as chief justice was confirmed in a dispatch from Lord Stanley dated 30 April 1845. He was to hold the position until 1873 and during that period not only carried out his judicial duties but advised the government on many complicated questions which arose in the legislature. In August 1852 he recommended that the second chamber under the new constitution should be partly nominated and partly elected. In May 1856 he was appointed 43: 258:
In 1829 Stephen discovered a fatal error in land titles throughout the Australian colonies. The matter was rectified by royal warrant and the issuing of fresh titles in 1830. In January 1833 Stephen was gazetted attorney-general and showed great industry and ability in the position. He was forced to
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In February 1860 he obtained 12 months leave of absence and visited Europe. On his return, he gave much consideration to the question of criminal law and was principally responsible for a criminal law amendment bill which although first brought before parliament in 1872, did not actually become law
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and held the position until January 1857. He was able to give the council the benefit of his experience by framing legislation dealing with land titles, the legal profession, and the administration of justice. He continued to hold his seat until November 1858 when judges were precluded from sitting
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Stephen resigned from the legislative council in 1890 and lived in retirement. He was still comparatively vigorous when he passed his ninetieth birthday in August 1892 and never completely took to his bed. He faded quietly out of life on 15 October 1894, his intellect bright and clear to the last.
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Other sons held prominent positions in Sydney. Of his grandsons, Edward Milner Stephen was appointed a supreme court judge at Sydney in 1929, and Brigadier-General Robert Campbell Stephen, served with distinction in the 1914-18 war. A great-grandson, Lieutenant
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in June. He was appointed lieutenant-governor in 1875 and several times administered the government. He was a member of the legislative council from 1875 until 1890, taking an active part in the debates, and from 1880 he was president of the trustees of the
248:. Stephen's resignation of his position in August 1825, and his charges against his brother officer's professional and public conduct brought the matter to a head. Stephen always took an extremely high-minded attitude about his own conduct in this matter. 327:
is named). Despite this, Sir Alfred Stephen found Pritchard and Dagget innocent on the grounds that the British Slave Trade Act 1839 did not apply to the South Pacific Ocean. In addition to this, Sir Stephen found that Captain Palmer had illegally seized
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and ordered him to pay reparations to Daggett and Pritchard. No evidence or statements were taken from the Islanders. This decision, which overrode the obvious humanitarian actions of a senior officer of the
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He resigned his chief justiceship in 1873. He had administered the government between the departure of the Earl of Belmore in February 1872 and the arrival of Sir
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in Fiji fitted out like an "African slaver", and filled with Islanders on board looking emaciated and having little knowledge of why they were on the ship. The
472: 189:. On 13 March 1826, his appointment as judge was confirmed. He resigned his position at the end of 1832 on account of ill-health and died on 21 December 1833. 884: 283: 350: 1065: 990: 303:, the illegal recruitment (including enslavement) of the indigenous populations of nearby Pacific islands or northern Queensland. Palmer found the 267:
On 30 April 1839, he was appointed as acting-judge of the Supreme Court of New South Wales and he arrived in Sydney on 7 May. In 1841, when judge
1040: 361:, and towards the end of his life interested himself in the amending of the law of divorce. Among his writings on the subject was an article in 1050: 1005: 985: 1045: 393:
is a prominent legal dynasty in Australia. Sir Alfred was the son of John Stephen, a judge of the Supreme Court of New South Wales.
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resign in 1837, his health having suffered much from overwork, but after a holiday he took up private practice with great success.
706: 1060: 1055: 921: 609: 551: 1035: 400:, who died in 1886. There were nine children of each marriage and at the time of Stephen's death, he had 66 grandchildren. 182: 174: 861: 418: 771: 596: 538: 510: 178: 145: 687: 408: 390: 1025: 843: 425: 251:
As Solicitor-General of Van Diemen's Land during the late 1820s–early 1830s, Stephen's career intersected with the
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Of Stephen's sons, Alfred Hewlett Stephen, born in 1826, entered religious life, and, in 1869, became a canon of
947: 601: 543: 237: 149: 712: 233: 204:. He returned to St Christopher for some years and then went to London to study law. In November 1823 he was 185:
in January 1824. He arrived at Sydney on 7 August 1824 and in September 1825 was made an acting judge of the
914: 505: 346: 245: 463:. Another brother, John Stephen, (died 1854) was the earliest created alderman for the City of Melbourne. 432:(1828–1920), became a puisne judge of the Supreme Court of New South Wales in 1887, and a third son, Hon. 396:
Stephen married Virginia, daughter of Matthew Consett, who died in 1837, and Eleanor daughter of the Rev.
397: 931: 337:, gave further legitimacy to the blackbirding trade out of Queensland and allowed it to flourish. 957: 433: 363: 853: 441: 241: 92: 752:
Kidnapping in the South Seas. Being a narrative of a three months' cruise of H.M. ship Rosario
456: 429: 373: 181:, became a barrister, and was Solicitor-General at St Christopher before his appointment as 980: 975: 515: 460: 213: 591: 8: 268: 193: 459:(1812–1894), was a barrister with a significant political career in South Australia and 750: 292: 295:
brought by Commander George Palmer against Thomas Pritchard and Captain Dagget of the
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Friendly mission : the Tasmanian journals and papers of George Augustus Robinson
623: 615: 605: 565: 557: 547: 404: 341: 205: 533: 316: 209: 409: 368: 299:. Commander Palmer had been sent by the Royal Navy to investigate allegations of 20: 501: 153:(20 August 1802 – 15 October 1894) was an Australian judge and 969: 894: 836: 800: 619: 561: 80: 627: 569: 320: 300: 272: 319:, a long time blackbirder who had been commissioned to import slaves for 170: 166: 113: 436:(1842–1901) was a distinguished lawyer and New South Wales politician. 334: 324: 275:
and from 1839 to 1844 he was also a judge of the administrative court.
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Introduction to the Practice of the Supreme Court of New South Wales
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Directors and Presidents of the Art Gallery of New South Wales
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Australian members of the Privy Council of the United Kingdom
736:"Slaving in Australian Courts: Blackbirding cases, 1869-1871" 236:, and 10 days later, crown solicitor. He allied himself with 201: 1001:
Knights Grand Cross of the Order of St Michael and St George
755:. New York Public Library. Edinburgh, Edmonston and Douglas. 500: 414: 768:"Australian Legal Dynasties: The Stephens and the Streets" 444:, killed in the same war, showed promise as a writer. His 682:(1 ed.). Australia: University of Queensland Press. 789:. No. 36552. London. 5 September 1901. p. 4. 473:
List of judges of the Supreme Court of New South Wales
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Presidents of the New South Wales Legislative Council
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The Black War: Fear, Sex and Resistance in Tasmania
19:For the Australian writer and literary critic, see 1011:Members of the New South Wales Legislative Council 496: 494: 492: 490: 488: 323:' sugar plantations (the entrepreneur after whom 967: 877:as Speaker of the unicameral Legislative Council 996:Judges of the Supreme Court of New South Wales 485: 291:until 1883. In 1869 he also presided over the 785:"Obituaries - Hon. Septimus Alfred Stephen". 707:"Sir Alfred Stephen, KCMG, CB (1802-1894)" 701: 699: 600:. Canberra: National Centre of Biography, 542:. Canberra: National Centre of Biography, 527: 525: 41: 945:President of the Board of Trustees of the 733: 403:He was knighted in 1846 and was a made a 232:on 24 January 1825 and on 9 May was made 677: 662: 589: 1066:English emigrants to colonial Australia 991:Lieutenant-governors of New South Wales 696: 522: 271:went to Port Phillip, Stephen became a 1041:People educated at Charterhouse School 968: 922:Lieutenant-Governor of New South Wales 801:"Funeral of the late John Stephen Esq" 748: 452:were published posthumously in 1918. 885:President of the Legislative Council 807:. Hobart. 1 November 1854. p. 2 284:President of the Legislative Council 223: 212:, and the following year sailed for 183:Solicitor-General of New South Wales 1051:19th-century Australian politicians 1006:Companions of the Order of the Bath 862:New South Wales Legislative Council 765: 13: 772:Australian Dictionary of Biography 663:Robinson, George Augustus (1966). 647: 597:Australian Dictionary of Biography 583: 539:Australian Dictionary of Biography 531: 511:Dictionary of Australian Biography 359:Criminal Law Amendment Act of 1883 262: 14: 1077: 986:Chief justices of New South Wales 652:. Vol. II. pp. 467–478. 592:"Stephen, Sir Alfred (1802–1894)" 367:for June 1891 in reply to one by 1046:Colony of New South Wales judges 844:Chief Justice of New South Wales 155:Chief Justice of New South Wales 58:Chief Justice of New South Wales 793: 778: 759: 192:Alfred Stephen was educated at 1061:19th-century Australian judges 1056:Solicitors-general of Tasmania 948:Art Gallery of New South Wales 742: 727: 671: 656: 641: 602:Australian National University 544:Australian National University 1: 713:Parliament of New South Wales 478: 426:St Andrew's Cathedral, Sydney 160: 177:(1771–1833), was related to 7: 952:1874 – 1889 926:1872 – 1891 889:1856 – 1857 848:1844 – 1873 766:Fox, K (17 February 2015). 678:Clements, Nicholas (2014). 534:"Stephen, John (1771–1833)" 466: 450:An Australian in the R.F.A. 10: 1082: 18: 954: 943: 938: 928: 919: 906: 901: 891: 882: 867: 860: 850: 841: 833: 828: 650:Early History of Tasmania 590:Rutledge, Martha (1976). 384: 278:He published in 1843 his 131: 119: 107: 102: 98: 86: 74: 63: 56: 52: 40: 30: 1036:Members of Lincoln's Inn 734:Mortensen, Reid (2000). 1026:People from Saint Kitts 958:Eliezer Levi Montefiore 749:Palmer, George (1871). 434:Septimus Alfred Stephen 364:The Contemporary Review 711:Former members of the 442:Adrian Consett Stephen 242:Joseph Tice Gellibrand 198:Honiton grammar school 915:Sir Maurice O'Connell 516:Angus & Robertson 457:George Milner Stephen 430:Matthew Henry Stephen 374:North American Review 240:who had clashed with 16:Australian politician 932:Sir Frederick Darley 165:Stephen was born at 902:Government offices 355:Criminal Law Manual 228:Stephen arrived at 194:Charterhouse School 911:Title last held by 815:– via Trove. 455:Alfred's brother, 138:Sir Alfred Stephen 47:Sir Alfred Stephen 964: 963: 955:Succeeded by 929:Succeeded by 892:Succeeded by 880: 871:Charles Nicholson 851:Succeeded by 837:Sir James Dowling 611:978-0-522-84459-7 553:978-0-522-84459-7 506:"Stephen, Alfred" 357:, comprising the 342:Hercules Robinson 234:solicitor-general 224:Van Diemen's Land 214:Van Diemen's Land 206:called to the bar 135: 134: 1073: 874: 868:Preceded by 854:Sir James Martin 834:Preceded by 826: 825: 817: 816: 814: 812: 797: 791: 790: 782: 776: 775: 763: 757: 756: 746: 740: 739: 731: 725: 724: 722: 720: 703: 694: 693: 675: 669: 668: 660: 654: 653: 645: 639: 638: 636: 634: 587: 581: 580: 578: 576: 529: 520: 519: 498: 419:privy councillor 411: 349:. In 1883, with 347:national gallery 317:Henry Ross Lewin 246:attorney-general 152: 126: 103:Personal details 93:Sir James Martin 89: 77: 68: 45: 28: 27: 1081: 1080: 1076: 1075: 1074: 1072: 1071: 1070: 966: 965: 960: 951: 946: 934: 925: 912: 897: 888: 873: 856: 847: 839: 821: 820: 810: 808: 799: 798: 794: 784: 783: 779: 764: 760: 747: 743: 732: 728: 718: 716: 705: 704: 697: 690: 676: 672: 661: 657: 646: 642: 632: 630: 612: 588: 584: 574: 572: 554: 530: 523: 502:Serle, Percival 499: 486: 481: 469: 428:. Another, Sir 398:William Bedford 387: 369:W. E. Gladstone 353:, he published 287:in parliament. 265: 263:New South Wales 238:Governor Arthur 226: 163: 140: 124: 123:15 October 1894 112: 87: 75: 69: 64: 48: 36: 33: 24: 21:Alfred Stephens 17: 12: 11: 5: 1079: 1069: 1068: 1063: 1058: 1053: 1048: 1043: 1038: 1033: 1028: 1023: 1018: 1013: 1008: 1003: 998: 993: 988: 983: 978: 962: 961: 956: 953: 942: 936: 935: 930: 927: 918: 910: 904: 903: 899: 898: 893: 890: 881: 869: 865: 864: 858: 857: 852: 849: 840: 835: 831: 830: 829:Legal offices 819: 818: 792: 777: 758: 741: 726: 695: 688: 670: 655: 640: 610: 582: 552: 521: 483: 482: 480: 477: 476: 475: 468: 465: 391:Stephen family 386: 383: 307:in harbour at 293:prominent case 264: 261: 225: 222: 173:. His father, 167:St Christopher 162: 159: 133: 132: 129: 128: 127:(aged 92) 121: 117: 116: 114:St Christopher 111:20 August 1802 109: 105: 104: 100: 99: 96: 95: 90: 84: 83: 78: 72: 71: 61: 60: 54: 53: 50: 49: 46: 38: 37: 35:Alfred Stephen 34: 31: 15: 9: 6: 4: 3: 2: 1078: 1067: 1064: 1062: 1059: 1057: 1054: 1052: 1049: 1047: 1044: 1042: 1039: 1037: 1034: 1032: 1029: 1027: 1024: 1022: 1019: 1017: 1014: 1012: 1009: 1007: 1004: 1002: 999: 997: 994: 992: 989: 987: 984: 982: 979: 977: 974: 973: 971: 959: 950: 949: 941: 937: 933: 924: 923: 917: 916: 909: 905: 900: 896: 895:John Plunkett 887: 886: 879: 878: 872: 866: 863: 859: 855: 846: 845: 838: 832: 827: 824: 806: 802: 796: 788: 781: 773: 769: 762: 754: 753: 745: 737: 730: 715: 714: 708: 702: 700: 691: 689:9780702250064 685: 681: 674: 666: 659: 651: 648:Giblin, R W. 644: 629: 625: 621: 617: 613: 607: 603: 599: 598: 593: 586: 571: 567: 563: 559: 555: 549: 545: 541: 540: 535: 532:Currey, C H. 528: 526: 517: 513: 512: 507: 503: 497: 495: 493: 491: 489: 484: 474: 471: 470: 464: 462: 458: 453: 451: 447: 443: 437: 435: 431: 427: 422: 420: 417:in 1884, and 416: 412: 406: 401: 399: 394: 392: 382: 378: 376: 375: 370: 366: 365: 360: 356: 352: 348: 343: 338: 336: 331: 326: 322: 318: 315:was owned by 314: 310: 306: 302: 298: 294: 288: 285: 281: 276: 274: 270: 260: 256: 254: 249: 247: 243: 239: 235: 231: 221: 219: 215: 211: 210:Lincoln's Inn 207: 203: 199: 195: 190: 188: 187:Supreme Court 184: 180: 179:James Stephen 176: 172: 168: 158: 156: 151: 147: 143: 139: 130: 122: 118: 115: 110: 106: 101: 97: 94: 91: 85: 82: 81:James Dowling 79: 73: 67: 62: 59: 55: 51: 44: 39: 29: 26: 22: 944: 939: 920: 913: 907: 883: 876: 875: 842: 822: 809:. Retrieved 804: 795: 786: 780: 761: 751: 744: 729: 717:. Retrieved 710: 679: 673: 664: 658: 649: 643: 631:. Retrieved 595: 585: 573:. Retrieved 537: 509: 454: 449: 445: 438: 423: 402: 395: 388: 379: 372: 362: 358: 354: 339: 329: 321:Robert Towns 312: 304: 301:blackbirding 296: 289: 279: 277: 273:puisne judge 266: 257: 250: 227: 191: 175:John Stephen 164: 137: 136: 125:(1894-10-15) 88:Succeeded by 65: 25: 981:1894 deaths 976:1802 births 805:The Courier 171:West Indies 76:Preceded by 970:Categories 633:30 October 575:30 October 514:. Sydney: 479:References 446:Four Plays 335:Royal Navy 325:Townsville 161:Early life 940:New title 787:The Times 620:1833-7538 562:1833-7538 421:in 1893. 413:in 1874, 407:in 1862, 351:A. Oliver 253:Black War 70:1845–1873 66:In office 719:16 April 628:70677943 570:70677943 504:(1949). 467:See also 461:Victoria 218:Tasmania 823:  811:10 June 371:in the 169:in the 908:Vacant 686:  626:  618:  608:  568:  560:  550:  385:Family 330:Daphne 313:Daphne 309:Levuka 305:Daphne 297:Daphne 269:Willis 244:, the 230:Hobart 202:Devon 148: 144: 813:2014 721:2019 684:ISBN 635:2021 624:OCLC 616:ISSN 606:ISBN 577:2021 566:OCLC 558:ISSN 548:ISBN 448:and 415:GCMG 410:KCMG 389:The 196:and 142:GCMG 120:Died 108:Born 220:). 208:at 200:in 32:Sir 972:: 803:. 770:. 709:. 698:^ 622:. 614:. 604:. 594:. 564:. 556:. 546:. 536:. 524:^ 508:. 487:^ 405:CB 377:. 157:. 150:PC 146:CB 774:. 738:. 723:. 692:. 637:. 579:. 518:. 216:( 23:.

Index

Alfred Stephens

Chief Justice of New South Wales
James Dowling
Sir James Martin
St Christopher
GCMG
CB
PC
Chief Justice of New South Wales
St Christopher
West Indies
John Stephen
James Stephen
Solicitor-General of New South Wales
Supreme Court
Charterhouse School
Honiton grammar school
Devon
called to the bar
Lincoln's Inn
Van Diemen's Land
Tasmania
Hobart
solicitor-general
Governor Arthur
Joseph Tice Gellibrand
attorney-general
Black War
Willis

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