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Judge-chasing

Entries might be a little light-on here for a while.  We’re over in Canada for the next month, then the UK after that.  If you’d like to follow my travel blog for a while, you’ll find it at

http://janineandsteve.wordpress.com

Those Mild Colonial Boys of the Law

Two young men, both working in the law, in two British settler colonies in different hemispheres, both diarists.

Mary Larratt Smith Young Mr Smith in Upper Canada, Toronto, University of Toronto Press, 1980, 184 p. & notes.


J.M. Bennett (ed) Callaghan’s Diary: The 1840s Sydney Diary of Thomas Callaghan B. A. of the King’s Inns, Dublin, Barrister-at-Law, Sydney, Francis Forbes Society for Australian Legal History,2005. Available here.

Young Mr Smith in Upper Canada- what a terrific title!  It has echoes of “Mr Smith goes to Washington” and I was hoping that it might be an impassioned expose of Upper Canadian life, albeit a decade or two after the time I’m interested in, but no such luck.

Instead “Young Mr Smith” was Larratt William Violett Smith, who went to Upper Canada in 1833 with his family as a twelve year old boy and pretty much stayed there.  His diaries, transcribed and annotated here by his grand-daughter, cover the years 1839 (when he was aged eighteen) up to 1858 and aged thirty eight.  The author and granddaughter, Mary Larratt Smith, who shares half his name- has (or rather had- surely she’s not still alive?) one clear memory of her grandfather when she was taken to see him in the summer of 1905 when her grandfather was 85 and she was not quite three.  He lived in a large, early Victorian house called Summer Hill in what is now the Summerhill area of Toronto, with its own eponymous subway station.  It took her about ten years to transcribe his journals and a small collection of letters which now rest in the Canadian History Department of the Metropolitan Toronto Library.  The author/editor has embedded the journal entries and letters into her own explanatory narrative, and her occasional references to ‘my grandfather’ remind you that she has an emotional stake in this work.  I did find it annoying that the journal entries were not typographically marked out from her own surrounding material.  There was an italicized date at the start of the extract, but then she would sometimes slip between Larratt Smith’s words and her own with no clear visual marker of the difference.  The letters, at least, were presented in a smaller font, and much more clearly distinguished.

In 1833, “Young Mr Smith’s” father, Captain Larratt Hillary Smith from Devonshire, took advantage of the land grants offered to veteran law officers, and took up a large tract of land at Oro in Simcoe County.  He undertook the 38 day journey with his wife and four children, arriving in York where they stayed long enough to enroll Larratt and his younger brother George as boarders at Upper Canada College, before shifting the rest of the family to take up their primitive farm some distance away.  The farm land was stony and unproductive, the family was unhappy, and after four years the family moved closer to Twickenham Farm, closer to Toronto, leaving the Oro property behind.

Larratt and his brother continued at Upper Canada college. After serving as a  17-year old Lieutenant in the Home District militia during the 1837 Rebellion, Larratt then went to England. His Uncle George, with no sons of his own, had proposed training his nephew in the wine business with a view to eventually making him his heir.   But Larratt didn’t like it, returned to Canada, and his brother George went in his stead- probably not a good move as brother George ended up a very wealthy man.  Larratt decided to go into the law instead, and so he was articled to William Henry Draper, the solicitor general, and lived in Toronto as a young man-around-town.

And here we find him, attending the various balls in Toronto, hooning around climbing greasy poles and chasing pigs at the ‘Olympic Games” celebrated in Toronto in June 1843, stealing cats, shooting, singing, acting.  There are many similarities with small colonial life in Australia- assemblies, debating club, church etc. He lived in what sounded like a 19th-century share house with other young lads his own age, and had to shift lodgings several times.  Although he lived and worked as an independent young man in Toronto, his connections with his family at Twickenham Farm were strong. His father would often come into town and Larratt would often visit them and stay several days with them on holidays.

The journal entries are fairly short (although no doubt they would have appeared longer written in long hand)  with rather a preoccupation with the weather- although from what I read of Upper Canadian winters, who wouldn’t be obsessed with it.  [I’m slightly- very slightly- regretful (for about two seconds)  that we won’t be visiting there during the depths of winter as I just can’t imagine what such cold weather would be like.] He is interested in several girls, but eventually his attentions focus on Eliza Thom whom he marries on 23rd December 1845 on a day that was 18 degrees below zero at 7.a.m., and “a very fine day”.  There are not many intensely personal entries in his diary, and when they do occur, it is at a time of great distress: the loss of their first baby at four weeks from whooping cough, and six years later the death of Eliza herself.  The cause is not specified, but she died from what started as a cold a week earlier.  His two children are sent to live with their maternal grandmother, his own family having returned to England some years earlier.

In the second half of the book, Smith’s grand-daughter editor is able to supplement the fairly terse entries with a number of personal letters, and here Larratt Smith comes over as much more affable.  It’s in the letters, though, that you glimpse the Victorian attitudes towards marriage, sociability and money coming through in a letter to his father, when he is considering the idea of looking around for a second wife, three years after Eliza’s death:

I must have a house of my own before long.  I miss my boys dreadfully.  At the same time I have made up my mind (unless a pretty face makes a fool of me) that my better half that is to be ‘must bring some grist to the Mill.’  Now don’t imagine that I crave Fortune’s arrivistes, for I detest the species, & I could not marry the richest woman in the world if I could not win her affect, but I feel that the chain once broken is not the same, & that, bringing as much love as one can, there may be other qualifications not wholly to be disregarded.

Larratt Smith did remarry, a girl called Mary Elizabeth Smith, 18 years his junior and they went on to have eleven children together.  Larratt Smith paddled around in the shallows of political and legal life.  He was certainly known to many of the figures that I’ve been reading about- the Robinsons, the Jarvises, the Baldwins and the Boultons- although in many cases they were the sons of the men who were there when Judge Willis was in Upper Canada.

Although his parents had returned to England from their sojourn in Upper Canada, the family connections remained strong.  His father came over for a surprise visit- Larratt Smith had not received the letter telling him of his imminent arrival- and his sister came over to join him.  Larratt himself traveled home for a while, and there was much talk, at least, of visiting.

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BUT This was not the case for a second Mild Colonial Boy of the Law, Thomas Callaghan   who arrived in Sydney in 1840. You can see a picture of him here.

His father had died when he was young, and although his mother managed to give her children a good education, she had had to flee to France to escape her creditors.  Thomas found himself at the age of 22 to be a briefless barrister in Dublin with bleak prospects.  In order to distance himself from his mother’s disgrace, and in hopes of “eventually securing my own fortune and acquiring wealth” young Thomas left Ireland  for Sydney.  He arrived without family and friends and established himself amongst the expatriate Irish legal community in Sydney.   His Catholicism brought him into contact with Roger Therry and John Herbert Plunkett in particular as prominent Catholic lawyers, but he also made contacts amongst the Supreme Court judges as well. Chief Justice Dowling turned up on his doorstep one morning, and, in what seems to be forming into a pattern, Judge Stephen as well:

I lay down on the bed, when a knock came to the door and Judge Stephen stood before it.  I was quite in undress, however he came in and stayed with me for some time. He is a man of quick and intelligent mind, but of a delicate and nervous frame.  He is a gentleman and rather unaffected, though having a very good opinion of himself. (10/3/1844).

In rather more decorous circumstances, he also came into contact with William A’Beckett and Richard Windeyer who assisted him in his career. He struggled to find his feet at first, and kept body and soul together by court reporting, which he did not enjoy.

How long am I to continue this work? To sit all day in a nasty court, side beside the greatest vagabonds under Heaven! Polluted by this contact and sickened by their breath, while I am performing an office of comparatively low and laborious drudgery.  This have I done for nearly six weeks and I know not how long I may have to continue it.  (24/6/41)

His contacts pulled on their strings of influence, but he had to wait several years until eventually being appointed a Commissioner in the Court of Claims, and then acting Crown Prosecutor.  Once promoted to Crown Prosecutor, his diaries trail away.

Callaghan’s journals, which apparently were penned in execrable handwriting, have been recently released with a introduction by J. M. Bennett.  Bennett provides a sound introduction, but then leaves us in Callaghan’s very capable hands.

This book is a terrific resource, not just as a window onto Sydney itself, but more particularly onto the legal community at the time. Callaghan himself has been likened to Samuel Pepys, and although this volume is only 196 pages compared with Pepys’ weighty tomes, I can see the likeness. Like Pepys, he is full of gossip and observation about the people he meets, inconsistent in his friendships, sociable and waspish at times. He is at times downcast about his decision to come to Sydney

I am beginning to think that I have been sadly mistaken in my plans for happiness here.  I have come to a barren soil, to a dreary land, to a wide country: I thought I was coming to a fine colony where wealth abounded, and where I should in a short time realize a fortune that would fit me for enjoying every comfort.  But now I find that I am in a poor, petty, profligate place where I may live perhaps by my own labour, but where I can scarecely hope ever to realize an ample fortune without resorting to all the vicissitudes of gambling in land an in similar speculations.  Here everything is extravagantly dear and every item is extravagantly expensive so that little can be saved of what is hardly earned.  The country in itself has no charms for me and its present people have few traits after my heart.   I am alone here and I doubt very much whether I could ever think of now staying or settling here. (27/11/41)

But he did: he married in 1848, had two sons and a daughter and developed a lucrative private practice and ended up a judge of the Quarter Sessions. He died prematurely at the age of 48 after being kicked in the head by a horse that he had just bought.  But let’s not end so gloomily.  He was a generous, if fitful, journal-writer, berating himself as many do for his inconstancy in writing:

September 2, 1843.  My last entry of June the 20th! This is improving in regularity with a vengeance!

Sills Bend 2011

It’s March so it’s Banyule Festival time again, and off to Twilight Sounds at Sills Bend for another year.  I think we’ve been lulled into winter-think because it was a much smaller crowd this year- very easy to park right next to Sills Bend and none of the long snaking lines for food.

As usual, a baby-boomer headline act. No doubt our children cringe with embarrassment at seeing their 50+ parents grooving out the front. Does it count as a mosh-pit when you’re worried about breaking your hip or people standing on your toes?  Ross Wilson this time, a little rounder than he used to be.  Somehow, singing songs about “she was just seventeen” sounded a little creepy from a man in a white suit.  But what a showman! It struck me how many Daddy Cool/Mondo Rock songs are just part of my mental soundtrack. A good night.

‘Stasiland’ by Anna Funder

2002, 288 p.

(4/5)

Every year for the last five or so years I have put Stasiland onto my list of selections for my face-to-face bookgroup (AKA ‘The Ladies who say Ooooh’). Every year for the past five years, the year elapsed and Stasiland wasn’t chosen.  Ah! But this year IT WAS!!!

I was a little tentative about subjecting The Ladies to yet another of my gloomy selections after subjecting them to The Land of Green Plums about Ceausescu’s Romania last year- what would they think of the Stasi in East Germany this year?  I need not have feared: the narrative was more straight-forward here, and having a young Australian journalist as the first person narrator introduced a familiar voice and viewpoint onto something that, fortunately, is not within the experience of most of us.

Funder, working as a journalist in Europe after reunification, was first attracted to investigating East Germany when a request for a program on the “puzzle women” was brushed aside by the television producers she worked with. There was, it seemed, an embarrassment about the East Germans, as if it would all just disappear if no-one spoke about it.  These “puzzle women”, she later discovered, were employed to reassemble the papers shredded by the Stasi as the wall was falling, a task that would take over 300 years at the current speed.  Methodical to the end, the papers had been shredded in order and shoved into a bag together, and so it was possible to piece them together and reveal the banality and the all-pervasive intrusion of the Stasi into the lives of East Germans.

In East Germany, it has been estimated, there was one informer for every six people.  Some of the surveillance was the stuff of farce, like the  ‘smell samples’ that purported to capture every individual’s smell for later reference.  Other surveillance was more insidious: the reports that were given to potential employers who later changed their mind about the offer of a job; the insistence that there was no unemployment when, as a result of such reports,  one could not get a job; the  warning that a rock group singing subversive lyrics would no longer exist, only to disappear completely from all public view and hearing.  Escapes that were thwarted, imprisonment, blackmail, and the withholding of contact for years with a sick baby on the other side of the wall- by such means the Stasi dabbled in one’s very soul.   There was physical torture as well, but she broaches this only at the very end of the book.  By this time the claustrophobia, vindictiveness and degradation of such minute surveillance seemed on a par with physical torture.

But of course, such intrusion and cruelty leaves no physical trace.  She comments on the memorialization- or more correctly, the distortion of memory regarding East Germany.  She notes the way that East Germans distanced themselves from the Nazis immediately after the war, as if Nazi ideology had flowed from the West and engulfed them, then withdrawn completely afterwards, leaving them innocent of it completely.  She comments on tourist industry that has arisen around the physical fact of the wall- the remnant sections, the tours- that co-exists with a nostalgia amongst some East Germans for the simplicity and security of a life without the bombardment of consumer ‘choice’ and capitalist pressure.  When she places an advertisement seeking ex-Stasi operatives for interview, she encounters men  holding onto the shreds of a Communist dream,  in denial of reunification, and hopeful of the re-emergence of the Stasi.  She finds men who have mounted their own museums to East German life; she speaks to others who have their own justifications for their actions which ring hollow and rather pathetic in a changed world.

The stories of the Stasi operatives and their victims are important, because the Stasi’s reach was not so much in physical things but in the more intangible  sense of safety, identity and autonomy.  There is no museum to hold such things.

I was particularly interested in this book because of the role of the narrator in it.  It is not an academic book as such, and I was surprised to find notes related to specific pages at the end as there had been no footnotes to alert me to their existence.   The narrator is front and centre in this book: we see through her eyes and filter through her consciousness.  At times you need to read against her prejudices- for example, with one man who, as perfect East German man, was moulded this way through his own father’s well-founded fears and insecurities as a dissident, and was to a large extent, a victim as well as perpetrator.  I’m aware of a trend in academic history,  to make oneself part of the story as well, and to use one’s own doubts, questions, misconceptions and false trails as part of the intellectual journey.  I can see its allure as narrative device, but I’m wary.

Funder is not, though, offering this as academic history.  She is upfront about her outsider status, and she documents rather than explains.  It is powerful, chilling reading nonetheless.  Timely, too, as we hear of the Egyptians gaining access this week to their files, many of which had been hastily shredded.  Just as the East Germans before them, they are becoming aware of the size and pervasiveness of the secret police and the complicity of family and neighbours in their midst.

Possessions

I  bought a netbook this week- a very cheap, basic one that I will not mourn too much should I lose it – purchased from the home of the interesting junk-mail catalogue, Aldi.  This is the…let’s see…sixth computer I have bought.  The first was a hulking monster that my father bought me for $1000 second hand with two 5.5 inch floppy disks, running on DOS.  Then I replaced it with another desktop which took 3 inch floppies (that were by then no longer floppy) and may have even had a CD perhaps.  I had a laptop in between- an enormous thing that made you go all lopsided and walk in circles when you hefted it over your shoulder.  It was later replaced by a smaller Compaq which still works but doesn’t have a single USB port.  Then an ASUS laptop that I paid close to $2500 for because I wanted a light model with an 80gb hard drive ( which I’ve just noticed is almost full) and really does need to be replaced sometime very soon.  And now my very el-cheapo Netbook with a 250gb hard drive, purchased very much as a second computer.  And all this within the last twenty years, I’d say.

I’ve been particularly struck by this  cavalier obsolescence  having just finished reading Behind Closed Doors. The purchases that she describes there were carefully considered, repaired when broken,  and often handed down from generation to generation.  Vickery points out that there were fashions in things, and people were quite specific in describing their orders.  Her chapter on wallpaper focuses on fashion and the language for describing it. Wallpaper was valued because it provided a quick and relatively inexpensive decorative effect, sometimes used to decorate rooms that had been leased  for ‘the season’ amongst the aristocracy in fashionable locations.  She particularly mentions women’s handicrafts and challenges the dismissive perception that they were merely inconsequential and a way of keeping women quiet by having them sitting, stitching away at their embroidery.  Instead, she notes that the handicrafts were often handed on, so much so that modern Georgians complained about the heavy embroideries of the previous century with which their houses were decorated.  They did replace them with something lighter and more fashionable, but the fact that 17th century hand-worked decorations were still being used during the 18th century suggests that they certainly didn’t have the “ditch it” mentality we do.

She also notes that renovations (as distinct from just wallpapering a room)  took decades and decades, especially to country houses when Gothic architecture was modified and extended for a more Palladian appearance. There was a strong familial imperative but often the generation that had initiated the renovation died before seeing it completed.  It brought to mind our penchant for renovation “blitz” television shows, where everything is tacked up over a weekend.  I think that with our demands for immediacy, especially when we are paying for other people to perform the work,  we would wilt under a renovation that might take years, let alone decade after decade.

Summer

From a time when summers were more innocent and less menacing…

I think all of Australia is holding its breath.

Missing in action

The “Resident Judge of Port Phillip” has been missing in action recently, engulfed in the minutia of organizing the upcoming  Law and History Conference.   Never again will I take for granted the abundance of material in a conference pack, the elegance of the design of the conference theme,  or the elegant logic of the conference program (until late withdrawals bring it down like a pack of cards!).  I’ll see you, no doubt, on the other side of all this.

‘Throwim Way Leg’ by Tim Flannery

1998, 326 p.

I’m not sure about Tim Flannery’s writing, or Tim Flannery himself for that matter.   I was astounded when he was proclaimed Australian of the Year under the Howard government.  Although I don’t know how much influence a government has over the Australian Day board, it seemed to me during the Howard years that the government’s conservative influence was pervasive across all institutions. Tim Flannery with his 2006  book The Weather Makers certainly seemed at odds with the Howard government stance on climate change at the time .  But there seem to be many contradictions – or more charitably, nuances- in Flannery’s views on a whole range of topics: whaling, nuclear energy,  restoration of ecosystems.  Is he a brilliant, wide-ranging thinker?  Or does he not think widely and carefully enough?

It’s hard to classify Throwim Way Leg.  It’s organized geographically around different locations in New Guinea and Irian Jaya where Flannery had worked over an extended period of time, going back to the 1980s.   At times it reads like an extended set of case notes, at other times it is more autobiographical and even political in places.

There is a rather juvenile and somewhat disconcerting fascination with penises-  although the sight of the penis gourd does tend to attract one’s attention somewhat.  There is a whiff of self-absorption in his cataloguing of his illnesses and discomforts, and I don’t know whether I’d find him a particularly amiable travelling companion.  In fact, he comes over rather as he does in “Two Men in a Tinnie” with John Doyle- full of information and lessons to be conveyed, but a bit wooden.

His work is steeped in blood.  He no sooner arrived in a location than he had dispatched his hunters off into the jungle to bring back bodies for him which he skinned, boiled down for their bones, and bundled up to send to an Australian museum back home.  I felt uncomfortable at the undercurrent of colonialist appropriation- all in the name of science, of course- and the sheer profligacy of killing even rare animals for specimens.  It did not seem too far removed from the Hunters and Collectors of the nineteenth century so well captured in Tom Griffiths’ book.

At the same time, there is a naiveté about his work as well.  He admits, to his credit, the assistance he received from the Ok Tedi mine but one wonders whether the company has bought his silence about their environmental and commercial practices.  Not so for the Freeport mine, however, which he speaks out strongly against.  In this regard, I can forgive him many of his other shortcomings.  I look at a map of West Papua (he calls it Irian Jaya) and I shake my head at how Indonesia could make any claim to it on either geographic   or ethnic grounds, and even the historical argument based on earlier Dutch colonialism seems rather dubious to me.  I think that Australia, along with the Western world generally , is spineless in its acquiescence  to strident Indonesian rhetoric over their claims to West Papua.  At least Flannery calls it as he sees it.

I read this book with the Ladies Who Say Oooh, several of whom really enjoyed it for its depiction of adventure and discovery occurring within the last thirty years in a world that we think of as fully mapped and known.  I, on the other hand, was frustrated by the plodding prose and the “well done those men”- type of masculine back-slapping often found in military histories.  I note that Flannery’s first degree was in English literature before embarking on a more science-based academic journey.  There’s not much of the poet here.

Another way to while away a half hour or two…

By looking at pictures.  Beautiful, clear, intimate, sensitive colour pictures.  They were taken by the Farm Security Administration/Office of War Information (and I find myself wondering about the conjunction of the names here) during the late 1930s and early 40s.  Wikipedia tells me that the Farm Security Administration was set up during the Depression to improve the conditions of sharecroppers, tenant farmers and very poor landowning farmers by resettling them in group farms on more suitable land.  My! this all sounds rather socialistic, and obviously the Conservative Coalition thought so too, as the program was reshaped to help poor farmers buy their own land.

Anyway- look at these beautiful colour pictures, and here’s an even larger black and white collection at the Library of Congress.  I’m off to indulge….

Weston Bate at the RHSV

Weston Bate gave a presentation at the Royal Historical Society of Victoria a couple of weeks back.  It was called “How I Became a Local Historian” and you can listen to it here.

He studied history at Melbourne University during Max Crawford’s time, and although he had done well in essays, did not perform as well in his honours exam as he had hoped.  He jumped at the chance of writing a history of Brighton, commissioned by the Brighton mayor, largely because of the sense of place that he himself had developed growing up in suburban Melbourne.

He started off with the rate books, utilizing the “birds eye” view of the RAAF pilot he had been during WWII, mapping out the streets, the type of building constructed and the people who lived there.  He tramped the streets of Brighton too, getting a feel for the place.  He took a slice approach with the newspapers, reading at ten year intervals (and ruing, with hindsight, that he didn’t align his reading with the censuses).  Brighton as a suburb was a rich field-  it threw up Dendy’s special survey and the involvement of J. B. Were; the development of the resort town; market gardening; the influence of Tommy Bent; the nature and contribution of the ‘middle suburb’.  It was a local history, but it illustrated big themes.

He speaks of the academy’s condescension towards local history, and the sidelining of the Royal Historical Society of Victoria by the University of Melbourne for some time, reciprocated by the local historians’ disdain of “academic” historians for their lack of interest in primary sources.

A good, well-constructed talk- and I do love being able to catch up on things I have missed through podcasts!