Sir James Dowling
Second Chief Justice of New South Wales, 1837-1844
Author: J.M. Bennett Series: Lives of Australian Chief Justices
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Summary
The career of Sir James Dowling, second Chief Justice of NSW (1837-1844), supplies a model of the working of patronage in the appointment of judges to British colonial service. This book reviews his contribution as judge and as ex officio Legislative Councillor.
Description
The career of Sir James Dowling, second Chief Justice of NSW (1837-1844), supplies a model of the working of patronage in the appointment of judges to British colonial service. Dowling's advancement as puisne judge in Sydney, as acting Chief Justice during the absence on leave of Chief Justice Forbes, and a Chief Justice in succession to Forbes, depended on patrons. The principal was Lord Brougham, supported in England by Dowling's influential journalist brother Vincent.
\nWhile he was not an outstanding judicial lawyer, Dowling was painstaking and industrious. His meticulous manuscript recording of court proceedings was an astonishing undertaking. This book reviews his contribution as judge and as ex officio Legislative Councillor. It traces prolonged litigation, disposed of before Dowling, concerning the proprietor of the Sydney Monitor, Edward Smith Hall. And it examines the bruising relations between Dowling and fellow judges W W Burton and J W Willis.
\nCORRIGENDUM
In this title, Sir James Dowling, the material "Dramatis Personae" contains an error. The entry "HOWICK" should be omitted and the entry "GREY" should read:
GREY, Sir George, Under Secretary (Political) for the Colonies, 1834-1835, 1835-1839.
Critic Reviews
Modest performance notwithstanding, [Dowling's] story as told by Bennett provides several fascinating glimpses into the lives of Australian colonial judges, their sometimes rocky relations with each other, the criticism to which they were subject by politicians and the press, and the general stresses of administering justice in fragile, fractious societies. ... The most engaging part of the Dowling biography is the description of the tensions between Sir James and two of his colleagues, William Burton and John Walpole Willis. ... - John McLaren, Australian Historical Studies, Vol 34 (122), October 2003
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