Richard Bourke

General Sir Richard Bourke KCB (4 May 1777 – 12 August 1855), was an Irish-born Governor of New South Wales, 1831–37.

As a lifelong Whig (Liberal), he encouraged the emancipation of convicts and helped bring forward the ending of penal transportation to Australia. In this, he faced strong opposition from the military/conservative establishment and its press. He approved a new settlement on the Yarra River, and named it Melbourne, in honour of the incumbent British Prime Minister, Lord Melbourne.

Early life and career

Born in Dublin, Ireland, Bourke was educated at Westminster and read law at Christ Church, Oxford. He was a cousin of Edmund Burke, and spent school and university holidays at Burke's home, so acquired some influential friends. He joined the British Army as an ensign in the Grenadier Guards on 22 November 1798, serving in the Netherlands with the Duke of York before a posting in South America in 1807, where he participated in the siege and storming of Montevideo. He was promoted major-general in 1821. He retired from the army after the Peninsular War to live on his Irish estate, but eventually sought government office to increase his income. He was appointed to the Cape Colony and was promoted to Lieutenant-Governor of the Eastern District of the Cape of Good Hope, acting as governor for both eastern and western districts. Under Bourke's governorship, much was done to reform the old, mercantilist system of government inherited from the Dutch East India Company at the Cape.^[1]

Public life

Bourke was an avowed Whig. In November 1830, the Whigs won government in a climate of reform. Bourke was appointed to succeed Sir Ralph Darling as Governor of New South Wales in 1831. Bourke proved to be an able, if controversial, governor. In most of his efforts, he faced entrenched opposition from the local conservatives: the 'exclusive' faction in the New South Wales Legislative Council, and the Colonial Secretary Alexander Mcleay and the Colonial Treasurer Campbell Riddell. The newspaper The Sydney Morning Herald always opposed him. (The exclusives were hostile to the participation of ex-convicts ('emancipists') in civil life, hence were opposed to changes which moved the colony from military to civil governance.) Bourke described himself as being "pretty much in the situation that Earl Grey would find himself in if all members of his Cabinet were Ultra Tories and he could neither turn them out nor leave them".

Bourke had authority from the Colonial Office to extend trial by jury and substitute civil for military juries in criminal cases. He managed this despite fierce opposition from the legislature, and his 1833 bill for the extension of juries was only passed with his casting vote and with conservative amendments.

A statue of Richard Bourke, the first public statue ever erected in Australia, stands outside the State Library of New South Wales in Sydney.

Appalled by the excessive punishments doled out to convicts, Bourke initiated the Magistrates Act, which simplified existing regulations and limited the sentence a magistrate could pass to 50 lashes (previously no such limit existed). The bill was passed by the legislature because Bourke presented evidence that magistrates were exceeding their powers and passing illegal sentences, in part because regulations were complex and confusing. However, furious magistrates and employers petitioned the crown against this interference with their legal rights, fearing that a reduction in punishments would cease to provide enough deterrence to the convicts, and this issue was exploited by his opponents.

In 1835, Bourke issued a proclamation through the Colonial Office, implementing the doctrine of terra nullius by proclaiming that Indigenous Australians could not sell or assign land, nor could an individual person acquire it, other than through distribution by the Crown.^[2]

Bourke continued to create controversy within the colony by combating the inhumane treatment handed out to convicts, including limiting the number of convicts each employer was allowed to 70, as well as granting rights to emancipists, such as allowing the acquisition of property and service on juries. It has been argued that the abolition of convict transportation to Australia in 1840 can be attributable to the actions of Bourke.

Bourke abolished the status of the Anglican Church as the state church of New South Wales, declaring each religious denomination on equal footing before the law. He also increased spending on education and attempted to set up a system of public nondenominational schools. He was credited as the first governor to publish satisfactory accounts of public receipts and expenditures.

In 1837, the year of his promotion to lieutenant-general, he was made colonel for life of the 64th (2nd Staffordshire) Regiment of Foot. The same year, he named the town of Melbourne after Viscount Melbourne, the UK Prime Minister.

Bourke Street in Melbourne's central business district and the town of Bourke, New South Wales were named after him, in turn. The County of Bourke, Victoria, which includes Melbourne, and Bourke County, New South Wales, were also named after him. Elizabeth Street, Melbourne is generally considered to be named in honour of his wife.

The bronze statue of Bourke outside the State Library of New South Wales in Sydney was the first public statue ever erected in Australia. It was dedicated on 11 April 1842.^[3] It records his accomplishments as governor in florid detail. It was funded by public subscription and made by Edward Hodges Baily in London.^[4]

Bourke was promoted to general in 1851. He died at his residence Thornfleld, in County Limerick, Ireland, on Sunday 12 August 1855^[5] and is buried in Castleconnell.

References

External links

Wikimedia Commons has media related to Richard Bourke (Governor of NSW).

• Images and transcript of Sir Richard Bourke's journal at the State Library of Victoria.
• Hazel King, 'Bourke, Sir Richard (1777–1855)', Australian Dictionary of Biography, Volume 1, Melbourne University Press, 1966, pp 128–133.
• Mennell, Philip (1892). " Bourke, General Sir Richard". The Dictionary of Australasian Biography. London: Hutchinson & Co. Wikisource 

Governors of New South Wales
	Before Federation	Phillip Hunter King Bligh Macquarie Brisbane Darling Bourke Gipps FitzRoy Denison Young Belmore Robinson Loftus Carrington Jersey Duff Hampden Beauchamp
	After Federation	Rawson Chelmsford Strickland Davidson de Chair Game Gowrie Anderson Wakehurst Northcott Woodward Cutler Rowland Martin Sinclair Samuels Bashir Hurley

Governors of the Cape Colony
	British occupation 1806–1814	David Baird Henry George Grey Du Pre Alexander Henry George Grey John Francis Cradock Robert Meade
	British colony 1814–1910	Charles Somerset Rufane Shaw Donkin Richard Bourke Galbraith Lowry Cole Thomas Francis Wade Benjamin D'Urban George Thomas Napier Peregrine Maitland Henry Pottinger Harry Smith George Cathcart Charles Henry Darling George Grey Robert Henry Wynyard Philip Edmond Wodehouse Charles Craufurd Hay Henry Barkly Henry Bartle Frere Henry Hugh Clifford George Cumine Strahan Hercules Robinson Leicester Smyth Henry D'Oyley Torrens Henry Augustus Smyth Henry Brougham Loch William Gordon Cameron Hercules Robinson William Howley Goodenough Alfred Milner William Francis Butler Walter Hely-Hutchinson Henry Jenner Scobell Those in italics were Acting Governors
State President of the South African Republic State President of the Orange Free State Prime Minister of the Cape Colony Prime Minister of Natal