General A general officer is an Officer (armed forces), officer of highest military ranks, high rank in the army, armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers t ...

Sir Richard Bourke, KCB (4 May 1777 – 12 August 1855), was an Irish-born

British Army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...

officer who served as

Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...

from 1831 to 1837. As a lifelong Whig (Liberal), he encouraged the

emancipation Emancipation generally means to free a person from a previous restraint or legal disability. More broadly, it is also used for efforts to procure economic and social rights, political rights or equality, often for a specifically disenfranchis ...

of convicts and helped bring forward the ending of

penal transportation Penal transportation or transportation was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies became their ...

to Australia. In this, he faced strong opposition from the landlord establishment and its press. He approved a new settlement on the

Yarra River The Yarra River or historically, the Yarra Yarra River, (Kulin languages: ''Berrern'', ''Birr-arrung'', ''Bay-ray-rung'', ''Birarang'', ''Birrarung'', and ''Wongete'') is a perennial river in south-central Victoria, Australia. The lower stre ...

, and named it

Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...

, in honour of the incumbent British prime minister,

Lord Melbourne William Lamb, 2nd Viscount Melbourne, (15 March 177924 November 1848), in some sources called Henry William Lamb, was a British Whig politician who served as Home Secretary (1830–1834) and Prime Minister (1834 and 1835–1841). His first pre ...

Early life and career

Born in

Dublin Dublin (; , or ) is the capital and largest city of Republic of Ireland, Ireland. On a bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, bordered on the south by the Dublin Mountains, a part of th ...

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

, Bourke was educated at

Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...

and read law at

Christ Church, Oxford Christ Church ( la, Ædes Christi, the temple or house, '' ædēs'', of Christ, and thus sometimes known as "The House") is a constituent college of the University of Oxford in England. Founded in 1546 by King Henry VIII, the college is uniqu ...

. He was a cousin of

Edmund Burke Edmund Burke (; 12 January NS.html"_;"title="New_Style.html"_;"title="/nowiki>New_Style">NS">New_Style.html"_;"title="/nowiki>New_Style">NS/nowiki>_1729_–_9_July_1797)_was_an_ NS.html"_;"title="New_Style.html"_;"title="/nowiki>New_Style"> ...

and spent school and university holidays at Burke's home, and thus acquired some influential friends. He joined the

as an

ensign An ensign is the national flag flown on a vessel to indicate nationality. The ensign is the largest flag, generally flown at the stern (rear) of the ship while in port. The naval ensign (also known as war ensign), used on warships, may be diffe ...

in the

Grenadier Guards "Shamed be whoever thinks ill of it." , colors = , colors_label = , march = Slow: " Scipio" , mascot = , equipment = , equipment ...

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 to

major general Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...

in 1821. He retired from the army after the

Peninsular War The Peninsular War (1807–1814) was the military conflict fought in the Iberian Peninsula by Spain, Portugal, and the United Kingdom against the invading and occupying forces of the First French Empire during the Napoleonic Wars. In Spain ...

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 The Cape of Good Hope ( af, Kaap die Goeie Hoop ) ;''Kaap'' in isolation: pt, Cabo da Boa Esperança is a rocky headland on the Atlantic coast of the Cape Peninsula in South Africa. A common misconception is that the Cape of Good Hope is t ...

, acting as governor for both the 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 The United East India Company ( nl, Verenigde Oostindische Compagnie, the VOC) was a chartered company established on the 20th March 1602 by the States General of the Netherlands amalgamating existing companies into the first joint-stock ...

at the Cape.

Public life

Bourke was an avowed Whig. In November 1830, the Whigs won government in a climate of reform.

Major-General Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...

Bourke was appointed to succeed

Sir Ralph Darling General Sir Ralph Darling, GCH (1772 – 2 April 1858) was a British Army officer who served as Governor of New South Wales from 1825 to 1831. He is popularly described as a tyrant, accused of torturing prisoners and banning theatrical entertai ...

, who was also Irish-born, as

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 The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in th ...

, and the Colonial Secretary

Alexander Macleay Alexander Macleay (also spelt McLeay) MLC FLS FRS (24 June 1767 – 18 July 1848) was a leading member of the Linnean Society, a fellow of the Royal Society and member of the New South Wales Legislative Council. Life Macleay was born on Ro ...

and the Colonial Treasurer Campbell Riddell. The newspaper ''

The Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper ...

'' 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 The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created to deal with the colonial affairs of British North America but required also to oversee the increasing number of col ...

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. Appalled by the excessive punishments doled out to convicts, Governor 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 A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...

through the Colonial Office, implementing the doctrine of ''

terra nullius ''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. : : ...

'' by proclaiming that

Indigenous Australians Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...

could not sell or assign land, nor could an individual person acquire it, other than through distribution by

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

. This proclamation, which effectively deprived indigenous Australians of legal recognition as land owners under colonial law, was prompted by an exploitative attempt to acquire land from local people, under a private treaty,

Batman's Treaty Batman's Treaty was an agreement between John Batman, an Australian grazier, businessman and coloniser, and a group of Wurundjeri elders, for the purchase of land around Port Phillip, near the present site of Melbourne. The document came to ...

. 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 New South Wales in 1840 can be attributable to the actions of Bourke. Bourke abolished the status of the

Anglican Church Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the ...

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

after The 2nd Viscount Melbourne, the

British Prime Minister The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet and selects its ministers. As moder ...

. He returned to England in 1838, traversing the Andes to avoid a voyage around

Cape Horn Cape Horn ( es, Cabo de Hornos, ) is the southernmost headland of the Tierra del Fuego archipelago of southern Chile, and is located on the small Hornos Island. Although not the most southerly point of South America (which are the Diego Ramírez ...

Bourke Street Bourke Street is one of the main streets in the Melbourne central business district and a core feature of the Hoddle Grid. It was traditionally the entertainment hub of inner-city Melbourne, and is now also a popular tourist destination and tr ...

in Melbourne's central business district and the town of Bourke were named after him. The

County of Bourke, Victoria The County of Bourke is one of the 37 counties of Victoria which are part of the Lands administrative divisions of Australia, (used for land titles and no longer other administrative or political function). It is the oldest and most populous ...

, which includes Melbourne, and

Bourke County, New South Wales Bourke County is one of the 141 Cadastral divisions of New South Wales. It contains the town of Ardlethan. The Murrumbidgee River is the southern boundary. Bourke County was named in honour of Sir Richard Bourke General Sir Richard Bourke ...

, were also named after him.

Elizabeth Street, Melbourne Elizabeth Street is one of the main streets in the central business district of Melbourne, Victoria, Australia, part of the Hoddle Grid laid out in 1837. It is presumed to have been named in honour of governor Richard Bourke's wife. The street ...

, is generally considered to be named in honour of his wife. The bronze statue of Bourke outside the

State Library of New South Wales The State Library of New South Wales, part of which is known as the Mitchell Library, is a large heritage-listed special collections, reference and research library open to the public and is one of the oldest libraries in Australia. Establish ...

in Sydney was the first public statue ever erected in Australia. It was dedicated on 11 April 1842. It records his accomplishments as governor in florid detail. It was funded by public subscription and made by

Edward Hodges Baily Edward Hodges Baily (10 March 1788 – 22 May 1867; sometimes misspelled ''Bailey'') was a prolific English sculptor responsible for numerous public monuments, portrait busts, statues and exhibition pieces as well as works in silver. He carved ...

in London. Bourke was promoted to general in 1851. He died at his residence, Thornfield House, Ahane, in

County Limerick "Remember Limerick" , image_map = Island_of_Ireland_location_map_Limerick.svg , subdivision_type = Country , subdivision_name = Ireland , subdivision_type1 = Province , subdivision_name1 = Munster , subdivision ...

, Ireland, on Sunday 12 August 1855 and is buried in Stradbally Cemetery in

Castleconnell Castleconnell (, historically ''Caisleán Uí Chonaing'') is a village in County Limerick on the banks of the River Shannon. It is from Limerick city and near the boundaries of counties Clare and Tipperary. History The ruins of the ' Castle ...

Family

Bourke married Elizabeth, daughter of John Bourke, Receiver-General of the land tax for

Middlesex Middlesex (; abbreviation: Middx) is a Historic counties of England, historic county in South East England, southeast England. Its area is almost entirely within the wider urbanised area of London and mostly within the Ceremonial counties of ...

; they had a son, Richard, and three daughters. One daughter, Anne Maria, married the Australian administrator and politician Sir

Edward Deas Thomson Sir Edward Deas Thomson (1 June 1800 – 16 July 1879) was a Scotsman who became an administrator and politician in Australia, and was chancellor of the University of Sydney. Background and early career Thomson was born at Edinburgh, Scotland. ...

, and was an ancestor of the Barons Altrincham.Burke's Peerage, Baronetage and Knightage, 107th edition, vol. 1, ed. Charles Mosley, Burke's Peerage Ltd, 2003, p. 1288 Another daughter, Frances, married Rev. John Jebb, nephew and namesake of a

Bishop of Limerick The Bishop of Limerick is an episcopal title which takes its name after the city of Limerick in the Province of Munster, Ireland. In the Roman Catholic Church it still continues as a separate title, but in the Church of Ireland it has been un ...

In popular culture

*Bourke is a supporting character in the 1937 novel ''

Under Capricorn ''Under Capricorn'' is a 1949 British historical thriller film directed by Alfred Hitchcock about a couple in Australia who started out as lady and stable boy in Ireland, and who are now bound together by a horrible secret. The film is based on ...

''.

References

External links

Images and transcript of Sir Richard Bourke's journal
at the State Library of Victoria. * Hazel King,

, ''

Australian Dictionary of Biography The ''Australian Dictionary of Biography'' (ADB or AuDB) is a national co-operative enterprise founded and maintained by the Australian National University (ANU) to produce authoritative biographical articles on eminent people in Australia's ...