Garvan, James Patrick

Description

Unique IDPE-003149SurnameGarvanGiven namesJames PatrickBirth date1st May 1843Birth date qualifierexactPlace of birthCappagh, near Rathkeale, County Limerick, IrelandDeath date20th November 1896Death date qualifierexactBiographical abstractJames Patrick Garvan was an Australian politician originating from Ireland. He working in Council before becoming Minister in the NSW Government; Member of the Legislative Assembly; Minister of Justice in 1886 and Colonial Treasurer in 1889. He had great sporting prowess, supported a number of charities, was a member of the NSW Irish National League, and had strong views on topics such as religious tolerance, immigration, Indigenous rights and Federation. The Garvan Research Foundation is named after him.Biographical noteBiographical details:
Election as Auditor [ref: Evening News 16 December 1870]

Action for wrongful dismissal [ref: SMH 14 June 1871 p9]; [ref: Freeman’s Journal 17 June 1871 p9]

NSW Government: MLA for Eden 1882-1894; Minister of Justice 1886; Colonial Treasurer 1889

Prominent amateur sportsman: Rowing, Cricket, Cricket Ball Throwing, Football, Long Jump

Community Activities: Organiser of large public events such as St Patrick's Day Annual Regatta; St Patrick's Day Picnics;

Testimonial Committees (Driver, Trickett, Punch, O'Connor); Irish Distress Relief Fund Committee; St Vincent's Hospital Annual Ball;

Member of the Public Schools Board, Hill End 1873; National Regatta Committee (Rowing); Organiser of O'Connell Centenary Celebrations;

Commanding Officer Irish Rifles.

Business Career: Honest Lawyer Gold Mining Co, Hill End; St George Gold Mining Co; Founder of Australian Building Land and Investment Society;

Founder and director of City Mutual Fire Insurance Co; Founder North Shore Steam Ferry Co; Founder and managing director of City Mutual Life Assurance Society;

Director of Australian Newspaper Co; Founder and managing director of Citizens' Life Assurance Co;

Died 20 November 1896; see Newspapers for obituaries published between 21 November – 30 November 1896

Tributes in 1903 by Sir John See and Sir Edmund Barton: [ref: The Advertiser (Adelaide, SA) 21 March 1903 p 9 ]

Biographies: Australian Dictionary of Biography online [ref: http://adb.anu.edu.au/biography/garvan-james-patrick-3598]; NSW Parliament [ref: https://www.parliament.nsw.gov.au/members/formermembers]

Details from contemporary sources:
1861 Appointed Clerk in City Engineer's Department - £150 pa - evidence in Court, 1871 [ref: SMH 14 June 1871 p9]
1863 Request leave 6 days + Easter holidays - March [ref: 26/61/265]
1864 Salaries of Officers 1864 - requests increase [ref: 22/7/3/11]
1865 Finance Committee Recommends Salaries for 1865 - requests increase [ref: 22/7/52/287]
1866 Requests increase - December 1865 [ref: 22/8/47/231]
1866 Request leave 12 days - April [ref: 26/78/301]
1866 Suspended 27 December 1866 - absent without leave [ref: 22/10/56/373]
1867 Claims leave was permitted - January [ref: 26/83/081]
1867 Finance Committee Recommends confirmation of suspension - February [ref: 22/10/12/55]
1867 Motion to reinstate, lost, January - no further action taken [ref: 22/10/56/373]
1867 Seeks clarification - no notice of dismissal - will tender resignation - 25 November 1867 [ref: 22/10/56/373]
1871 Elected City Auditor with O'Connor December 1870 for 1871 [ref: Evening News 16 Dec 70]
1871 Claims payment of wages as clerk from December 1866 to November 1867 - claim rejected - March 1871 [ref: 26/108/275]
1871 Sues Council for wrongful dismissal - awarded £21 plus costs [ref: SMH 14 June 1871 p9]
1871 City Solicitor submits details of costs - 17 June [ref: 26/109/688]

INTRODUCTION

James Patrick Garvan’s later history as a Member of NSW Parliament for Eden from December 1880 to August 1894, a Minister in NSW governments, a Federationist and an active participant in Parliamentary committees and debates is part of the public record as is his successful career as founder and manager of insurance companies, including the Citizens Life Assurance Company which after his death and under the guidance of his son, John, became the Mutual Life and Citizens Assurance Co (MLC), one of the giants of the Australian insurance sector through the 20th century and into the 21st. His memory is perpetuated in the naming of the highly respected Garvan Research Foundation operating at the forefront of medical research in Australia. The Institute’s establishment at St Vincent’s Hospital, Sydney was funded by a large grant made by Garvan’s daughter, Helena Mills. His period as an employee of the City of Sydney Council at the start of his working life is certainly less known but provided him throughout his life with an amusing anecdote that he was the only person in history to have sued the City Council for wrongful dismissal and to have succeeded in so doing. His early years with Council brought him into contact with many persons active in the political life of Sydney and he attributed his effective dismissal from Council employment to political motives.

His years at Council – from age 18 to 24 - were years in which he used his undoubted mental capacity at his workplace and beyond it. He discovered an enjoyment of public speaking, he nurtured his Irish heritage and was a faithful member of the Catholic Church; he found he had more than the usual organising capabilities and used them in these early years in the cause of the Irish in Australia and for the benefit of sporting and charitable concerns. In his free time he exhibited outstanding athletic ability in the fashion of a nineteenth century amateur gentleman participating in many sporting events through the 1860s. His skills in horsemanship, boxing and cricket were often praised. He excelled in field athletic events such as standing long-jump and ball throwing. He was a first class amateur sculler. His various extra-curricular activities brought him into contact not only with the leading Catholics, many of Irish descent, in Sydney but also men of different political persuasions and religious beliefs.

EARLY YEARS

James Patrick Garvan was born 2 May 1843 at Cappagh, a rural district, near the town of Rathkeale in County Limerick, Ireland. His father, Denis Burke Garvan, migrated to NSW with his wife Annie, their children and other relatives, arriving in Sydney in September 1849 on the ship ‘Victoria’ when James Patrick was 6. His father gained employment in HM Customs Department in Sydney filling responsible positions. His elder brother, John Denis Garvan, born c1838 in Ireland, also came to be employed in the Customs Department.

The school providing James Garvan’s earliest education is not clearly established with several well regarded schools being mentioned in obituaries. What is easily established, however, is his attendance at the Sydney Grammar School for which his full academic record is available, both in contemporary newspaper reports and in records from the school archives.

The Sydney Grammar School occupies a special place in the history of education in NSW and Sydney. Some 300 prominent citizens of Sydney petitioned the Government in September 1854 to establish a Grammar School to provide a “liberal education, without restriction to sect or party” and to be “a nursery provided for our University, a model afforded to other schools and a new stimulus given to our progress in all that constitutes intellectual, moral and national greatness”. The school was set up by Act of Parliament, given a Government endowment, and administered by a Board of Trustees. It opened in August 1857 charging fees of four pounds ten shillings per quarter. Garvan was accepted into the school and attended from February 1858 to the end of 1860.

The curriculum for Garvan’s first term in the lower school included Latin, Arithmetic, Drawing, English Dictation and Parsing, Writing, Geography, History, French and History of England. He progressed swiftly through the lower school to the upper school. In the upper school, he studied Latin including prose and verse composition, Greek, Grammar, Mathematics, Drawing, English composition including elementary logic, Geography, French and German, Ancient and Modern History and English History. For the latter part of 1860, he was in the most senior form at the school and in November 1860 he was awarded a scholarship to continue his studies. Throughout his schooling, he regularly achieved distinction awards in mathematical studies and from time to time for classical studies. He also won several mathematical and other prizes. His schooling in the latter half of 1860 must have been overshadowed and disrupted by the ill health of his father who died of lung disease (phthisis) on Christmas Day. Garvan finished in 5th place in the Mathematics list for the senior form and did not attend the Classical examination. His schooling came thus to an abrupt end and he sought paid employment.

At the age of 18, in August 1861, Garvan was one of 51 applicants for the position of Clerk in the City Engineer’s Department under Edward Bell. He was awarded the post with a salary of £150 per annum. He appears to have capably filled his position for the following 5 years until his abrupt suspension by the Mayor of the day, John Sutton, on 29 December 1866.

During his five years with Council, his sporting achievements attracted public attention and his involvement in the organisation of various events linked with the Irish Catholic community of Sydney brought him further public prominence.

ATHLETIC PURSUTS 1861-1870

James Patrick Garvan, his elder brother John Denis (1838-1870) and his younger brothers Denis George (1846 1932) and Calaghan Francis (1855-1927) were all keen scullers. James and later Denis came to be considered amongst the best of Sydney amateurs. It is not always clear whether the earlier appearances of “J Garvan” in regatta fours, pairs and singles refer to John or James, but those in the latter 1860s are certainly James. John developed lung disease like his father and died prematurely in 1870. James is clearly identified as early as 4 December 1861 in a report in ‘Bell's Life in Sydney’:

“A sculling match has been made between Mr Jas Yates sen’r and Jas Garvin [sic] jun’r of Woolloomooloo, to row from the Bay round Pinchgut and back, for the sum of £10, in light skiffs … Both old'un and young aspirant have already gone into active training; the young'un will pull the ‘Vision’ and ‘Old Jemmy’ the ‘Tartar’.”

The match result “between a Mr Yates of Woolloomooloo Bay, and Mr Gavin [sic], a well-known amateur” was reported by the ‘Sydney Morning Herald’ 23 December 1861 as a “most exciting and well contested race” in which the lead alternated, fouls occurred twice, and Yates won narrowly. The match result was apparently set aside by adjudicators because of the fouls. Garvan’s £10 deposit for the race had been held by Major Dunlop on behalf of Punch and McGrath (all well-known in rowing circles) and Garvan had to take him to the District Court for the return of the money. The ‘Empire’ reported on 25 February 1862 a verdict given in favour of Garvan. The incident illustrates the willingness of Garvan to take up a challenge, his competitive nature, his athletic ability and his refusal to be given less than what he believed to be his just desserts and his trust in the law to restore justice.

The Garvan brothers and Robert Sheridan, who married their sister Annie Garvan in May 1867, appeared in all the elite rowing events in the 1860s such as the Balmain Regatta, the Woolloomooloo Regatta, the Hunters Hill Regatta and the St Patrick’s Day Regatta, competing as amateurs.

James Garvan’s last venture in elite competition was in November 1870. Leading amateur scullers including Garvan, Robert Sheridan, Edmund Barton and founding members of the newly-formed Sydney Rowing Club such as the Deloittes and Fitzhardinges expressed an interest in creating and participating in a special event for amateurs rowing four oared gigs, the event to be included in the Balmain Regatta in November. Intercolonial competitors were sought. Five elite crews entered: the Tasmanians in the ‘Derwent Belle’, the Sydney Rowing Club in its no 1 gig (C Deloitte, GH Fitzhardinge, H Freeman and Q Deloitte), a second Sydney Rowing Club crew in ‘Adelphi’ (J Oatley, J Myers, CJ Oliver and CH Fitzhardinge), a Parramatta River crew in ‘Osprey’ (F Blaxland, E Barton, R Hays and J Blaxland) and Garvan’s crew in ‘Woolloomooloo’ (R Sheridan, J Sullivan, J Madden and J Garvan). The Sydney boat-builder, Green, built a special gig for Garvan and his crew. The papers reported almost daily on the training sessions of all crews and, from them, we learn that James Garvan’s racing weight for the event was 11st 9lb. Disappointingly, Garvan’s crew did not live up to their training form and were outclassed on the day. The race was won by the Sydney Rowing Club No 1 crew who narrowly beat the Tasmanian crew.

As well as competing in sculling events, James Garvan served on organising committees for the sport. He was one of a committee in 1862-1863 which attempted unsuccessfully to organise an intercolonial amateur gig race with Melbourne crews. He was a member of the organising committee for the St Patrick’s Day Regatta in 1864 and 1866. From 1878, he filled positions such as treasurer and vice-president of the National Regatta Committee which took over the running of the Anniversary Day Regatta, previously the Hunters Hill Regatta, and renamed it and promoted it as the National Regatta transforming it into an intercolonial drawcard and the major public rowing event. He served on occasion as the official umpire or starter in the National Regatta as well as other major rowing events. He became involved in the Mercantile Rowing Club in Sydney and the formation of the NSW Rowing Association.

Garvan was a prominent member of the Warwick Cricket Club, one of the foundational clubs in the establishment of a formalised cricket competition in Sydney. He played in the first eleven between 1862 and 1866. He was a batter and fielder. While he rarely achieved double figures, neither did most of the players playing on the unprepared pitches of the time. His club’s home-ground was at the Domain which was unfenced and of uneven terrain. Garvan was renowned for his powerful throwing arm.

At this period, public sporting carnivals of which there were a number open to all comers often featured a contest for “throwing the cricket ball”. Garvan family sources claim he once threw 121 yards 1 foot (about 111 metres). The Australian Test bowler Fred ‘The Demon’ Spofforth was credited in the ‘Australian Town and Country Journal’ in May 1874 with a throw of 115 yards 1 foot. The legendary English cricketer Dr WG Grace in 1878 at The Oval threw over 116 yards with the wind behind and then over 100 yards into the wind. Many throws of over 100 yards by Garvan and the Gordon brothers are recorded by contemporary newspapers in Sydney as well as a good number over 110 yards. The Gordon brothers were Hugh Hamilton Gordon and George Hollinworth Gordon and were contemporaries of Garvan at Sydney Grammar School and gentlemen members of the Albert Cricket Club’s first eleven. Disputes are plenty in the history of cricket ball throwing over what might be or have been a world record throw and issues are raised about the condition of the ball used, wind assistance, names of witnesses, the mode of and means of the measuring of the throw, its contemporary recording or whether in fact the throw ever occurred.

On 23 February 1867, at the purpose built Albert Cricket Ground at Redfern, with its gated entries and spectator stands, Lawrence’s Aboriginal Team (which was to tour England in 1868) played a cricket match against a team from the Albert Club before a crowd of 8,000 spectators. The match was followed by a programme of 16 athletic events. The cricket ball throwing event for a prize of £1 was won by the talented Aboriginal player Dick-a-Dick (tribal name Jungunjinanuke) who threw 114 yards 1 foot and 6 inches; GH Gordon threw 112 yards and Garvan threw 111 yards (about 101.5 metres).

The following year on 5 February 1868, again at the Albert Cricket Ground, a match was played by Lawrence’s Aboriginal Cricket Team versus a British Army and Navy team in front of Queen Victoria’s son, HRH the Duke of Edinburgh, and a crowd estimated at over eight thousand people. The ‘Empire’ newspaper reported the occasion and the sporting results in great detail as did the ’Sydney Morning Herald’ in lesser detail. The cricket match was played in the morning and the Aboriginal team was dominant. After a lunch break, the supporting athletic events were contested. For a prize of £1, four players from the Aboriginal Team, both the Gordon brothers and James Garvan competed in the cricket ball throwing event (best of two throws). The top three contestants were HH Gordon, Dick-a-Dick (Jungunjinanuke) and Garvan. Gordon won with a throw of 122 yards (111.56 metres) while Garvan and Dick-a-Dick both threw 120 yards (109.7 metres). To picture these throws more vividly, consider the current dimensions of the Sydney Cricket Ground; it is 156 metres long and 154 metres wide, that is a bit over 170 yards long and a bit over 168 yards wide. Such a throw from the fence between deepest long on and long off positions would pass well over the head of the wicket keeper standing up behind the further stumps at nearly 100 yards distance.

The sporting carnivals in Sydney, NSW country and the other colonies in the 1860s and 1870s, whether held to complement a cricket match or as an athletic and games day, included foot races, hurdles, jumping, throwing weights or balls and novelty races. Foot races were frequently handicaps and sometimes restricted to those “employed in offices”, thus ruling out men who earned a wage from physical labour who were deemed to be “professionals”. Garvan and his brother Denis competed in these from time to time. The events sometimes included the high jump and the broad jump, from standing position or with run-up. Garvan recorded an extraordinary leap in October 1865 at the Albert Ground when he won the “standing forward jump” with a jump of 10 feet 11 inches [3.327 metres] [‘Sydney Morning Herald’ 9 October 1865, ‘Freeman’s Journal’ 14 October 1865]. Most contemporary winners of such events in the Australian colonies, won with jumps under 10 feet. At Ipswich, Queensland in January 1869, H Mylan, jumped 10 feet 8 inches and in September 1869 in Hobart, at a special sports event for public entertainment put on by the 2nd battalion of the 14th Regiment, a soldier named Merry showed athletic prowess in winning the 56 pounds weight throwing event, the 100 yards race, the running high jump and the “standing long jump” in which he cleared 10 feet 11 inches, the same distance as Garvan. Johnny Cussens (tribal name Zellanach) who played in Lawrence’s Aboriginal Cricket Team recorded a jump of 10 feet 2 inches in March 1866 at Hamilton, Victoria. The event was included in the modern Olympic Games, commencing forty years later. At the Paris Olympic games in 1900, the gold medal was won by Ray Ewry with a jump of 3.21 metres, a little short of Garvan’s jump; Ewry won again at the Olympic Games at St Louis in 1904 with a world record 3.47metres and at London in the 1908 Games with 3.33 metres. The current world record set in 2015 for an event not often now programmed is 3.73 metres held by Byron Jones. Accordingly, Garvan’s leap appears to have been in the zone for a gold medal at three of the earliest modern Olympic games.

Garvan’s name also appears in early Football records. In 1865, he was a member of the squad for the Sydney Football Club to play the Australian Football Club and in a squad to play the Sydney University 20 a side. Just what rules were applied is unclear – either a version of Rugby Rules or of early Australian Football Rules it is supposed. He also played in July 1868 in a match for Sydney Football Club versus the 50th Regiment.

PROFESSIONAL, COMMUNITY AND POLITICAL PARTICIPATION TO 1867

Garvan’s spare time was clearly much occupied in his sporting activities in the years of his employment by the City of Sydney Council but from 1864 his name also began to appear as organiser or committee member in connection with various charitable events and he became very active in the NSW Irish National League during 1864-1865. He was the proposer and one of the organisers for a “Catholic picnic” at ‘Athol’, Bradley’s Head, on 2 January 1865. In four days, Garvan with his fellow committee members, Kearney, O’Dowd and Holdsworth, organised a day of games, food and entertainment for all ages with steamer transport to and from ‘Athol’, all achieved without advertising and with tickets sold only by the committee members. One hundred and fifty attended. Later in 1865 he was a committee member organising a benefit performance at the Royal Vic Theatre and he was the honorary secretary with John Magney for another fund raising entertainment, both events in aid of St Vincent’s Hospital. He was the honorary secretary for the committee raising subscriptions for a Testimonial to Richard Driver for his role in promoting aquatic sports. In 1866, he was honorary secretary of the Ball Committee for St Vincent’s Hospital.

The Irish National League, NSW branch, was established in May 1864. Its rules and by-laws were published in the Sydney ‘Freeman’s Journal’ 11 June 1864 by the organising secretary PT Grogan and the corresponding secretary Richard Creagh. Its aim was to co-operate with Irish National League members in Ireland “to advocate a separate and independent Irish Legislature”. Discussion of local politics or religious matters was prohibited. In an address on the formation of the branch, PT Grogan stated the League’s intention was ”by combining and organising the scattered elements of Irish Nationality all over the word, to bring such a force to bear on the English Government as will compel it to give that meed of justice we all desire, using none other than means permitted by the law of Nations and of Right”. The 21 years old Garvan was all enthusiasm and began to take an active interest in his Irish heritage and in the troubles afflicting Ireland. By July it was reported that he had proposed over 90 new members to the League. In September and October, he gave several public historical lectures on “The State of Ireland” and “The Invasion of Ireland by Henry II”. Many prominent and respectable men were associated with the Irish National League and John Robertson, politician and former Premier, was the President of the NSW Branch during 1864-65. The population of Sydney in the Census of 1861 was 56,393 of whom approximately 25% were of Irish origin so there was very great interest in the plight of Ireland as well as fears from some of the non-Irish derived colonists that Irish political fervour might translate to acts of violence. Garvan became the corresponding secretary of the League for a few months in 1865 and continued for some years afterward to correspond as an individual with John Martin, prominent Home Rule campaigner in Ireland, and eventually the first Home Rule MP elected to the British Parliament in 1871.

Garvan’s active participation in the Irish National League in the few years in which it was active in NSW and his series of public lectures during 1864 brought him very much to the notice of Sydney citizens and to the notice of many public men, not all of Catholic background. The Catholic ‘Freeman’s Journal’ 12 October 1864 with header “Native Talent on the Platform” commended lectures given by T Kearney, Hourigan, Garvan and McDermott noting:

“The youth of the lecturers considered — and remembering how much of a professional art, involving any amount of special dexterity, lecturing has recently become — we must congratulate the associations before whom these discourses were delivered on this 'bringing out' of so much youthful promise. The associations will have a reward, if even, the grand national object of their organization lies still dimly and drearily in the distance. They will have helped to evoke abilities, a generous ambition and a devotion to Liberty in young men who have, we trust, a career of worth and honour before them in this their own land.”

Praise was not limited to the Catholic press but was given also by the Sydney daily newspapers. Garvan’s speech at the Burrangong Hotel at Haymarket to a meeting of the Irish National League was reported in the ‘Sydney Morning Herald’ and the ‘Empire’ on 15 October 1864. Garvan was greeted with cheers and proceeded to outline the history and achievements of Ireland from early times and its relations with England. The ‘Herald’ wrote:

“Mr James Garvan gave a lecture on the connection between England and Ireland. The subject was ably handled, the lecturer giving a very full history of the Kilkenny statutes, and other laws militating against Irish prosperity. After defending the ability of Irishmen to govern themselves, he appealed to all to join the league, by which alone, he contended, union amongst all creeds and classes could be effected, that being the principal object of their association. The lecture was listened to with much attention.”

The ‘Empire’ gave a very full account of the speech and attributed the large number of members present to their desire to hear Garvan’s “promised lecture”. The report concluded

“After a spirited eulogy on the genius of Irishmen in the senate, the bar, and the pulpit, in literature, science and arts, Mr Garvan showed that in other countries where liberation was a fair field open to them, they also distinguished themselves in commerce, manufacture, and agriculture, and proved themselves good and worthy citizens and, were their own land governed by a native legislature, they would soon raise it to that position every one would wish to see it attain. To effect this they must give all possible support and assistance to those noble patriots in Ireland who were consecrating their genius, sacrificing time and fortune, doing all that men could do for the cause of Ireland and independence. The lecturer concluded amidst long and loud applause.”

Perhaps it was his increasing public recognition and public roles that influenced him to refer to a need to “maintain” his appearance when he applied for an increase in his salary. In November 1864, he formally applied to the Mayor of Sydney and wrote:

“I have been over 3 years in your employ during which time I have endeavoured, and I believe with success, to give satisfaction in the discharge of my duties. At the time of my appointment my salary was £150 per annum and has continued at that rate up to the present time, which though a fair salary for me 3 years ago, I do now feel is not sufficient to enable me to maintain that appearance which my position requires: a salary equal to that which ordinary mechanics receive but upon which I have to dress in manner suitable to my situation and to associate with people that necessitates an expenditure unknown to the mechanic.

“But there is also another and perhaps to you a more tangible reason for my asking for an increase of salary. In March last when the system of Bookkeeping which is now in use was introduced into the office, the writing up of the journal was allotted to me; and that, with writing specifications, copying reports on letters, making out weekly pay sheets and a few other minor duties constituted the whole of my work. But within the last few weeks (on account of the severe pressure of work on Mr Lines*) I have with Mr Bell’s* consent taken upon myself the entire management of the water department as far as our office is concerned.”
[CRS 22/7/52/287; *Charles Henry Lines at this time Clerk and Paymaster in the City Engineer’s Department and Edward Bell, City Engineer.]

Council acceded to his request and his salary for 1865 was set at £175 per annum.

Garvan was on the Irish National League committee which organised an event for St Patrick’s Day in 1865, forgoing his previous involvement with the organisation of the St Patrick’s Day Regatta. Instead he helped organise an event by “Smith, Brown and Collins Veritable and Original Christy’s Minstrels” who presented “A Night with the Bard of Erin”. The Irish National League Committee elected in June 1865 comprised the following in their order of election: Messrs. O'Dowd, McCaffery, Alderman Caraher, Messrs. Garvan, PT Grogan, JJ Curran T O'Neill, M Reilly, W Dolman, Captain McDermott, L Moran, J Coleman, J Carroll, R Mooney, P Freehill, Alderman Butler and JJ Moore. [‘Freeman's Journal’ 10 and 21 June 1865]. The honourable John Robertson MLA continued as President. Garvan was becoming acquainted with many municipal and parliamentary politicians. His confidence must have increased with the enthusiastic reception of his public lectures, with the recognition in the daily newspapers of his speaking skills and with his part in the successful organisation of public events.

At the end of 1865, Garvan applied for an increase of his salary for 1866. This time in his application to the Mayor and Aldermen, he pointed out the responsibility of the work he performed and his merit in doing so:

“Gentlemen, I do myself the honor to apply for an increase of salary and I trust that the manner in which I have discharged my duties for the four years that I have been in your service will be an inducement to you to grant my request.

“My salary is now £175 per annum which upon consideration I think you will allow is not an adequate recompense for the services I perform viz To enter each day in the day labor journal the distribution of the materials supplied and of the laborers, carters &c working under the different orders of Council, Committee and the Mayor. To make out the pay sheets of Messrs Parker, Collinson and Hinchy* from the returns of each to correspond with my entries in the day labor journal, to which His Worship the Mayor has lately added the making out of Mr Seymour’s* pay sheet (in order to lessen the onerous duties of that office). The attending to all orders connected with the water department in our office. Copying reports on letters, writing specifications and requisitions and other incidental work necessary to the faithful discharge of my duties as Clerk in the Engineer’s office.

“When instated in the position I now hold, I was told that my salary would be increased as I merited it, and now that I have done everything that I could to give the fullest satisfaction in the discharge of my duties, I hope you will give me the encouragement, so to continue, which I now ask viz an increase of salary.”
[CRS 22/8/47/231; *Matthew Parker, District Surveyor, William Collinson, Overseer of Works, James Hinchy, Overseer of Water Service; Richard Seymour, Inspector of Nuisances]

Garvan was granted an increase of £25 making his salary £200 per annum for 1866. It is clear that the responsibilities and work load of Garvan’s job had increased over the time of his employment from simple clerical duties such as copying reports and specifications. In March 1864, his duties had expanded to keeping a daily journal of supplies issued using a new bookkeeping system and in November he had undertaken all the clerical duties of the Water Service Department. Now in 1865, his duties had further expanded in writing up most of the pay-sheets for Lines, the senior Clerk and Paymaster, and checking them against journal entries. He seems to have had responsibility for recording most of the details of the work of the ‘daily labourers’, that is the labourers paid at a daily rate for their work rather than the more senior workers paid at a weekly rate or the salaried officers paid on an annual rate.

The year 1866 continued with Garvan’s participation in many activities. He competed in the Regattas. He was a member of the St Patrick’s Day Regatta organising committee, keeping company once again with prominent Sydney Citizens such as MLAs Richard Driver, James Hart and JA Cuneen, Aldermen Butler, Smail and Caraher and other well-known men such as WB Dalley, George Thornton, Joseph Carroll, Patrick O’Dowd and the proprietor of the ‘Freeman’s Journal’, William Dolman. He was honorary secretary with James Rogers of the St Vincent’s Hospital Ball Committee. He played some matches with the Warwick Cricket Club and in a match against the National Club he made probably his best score of 23 while the former All-England professional, Caffyn, made 54. He attended Irish National League meetings although these became infrequent and the League seems to have faded out of existence within a year or so.

On 14 April 1866, Garvan applied to the Mayor, Alderman Sutton, for twelve days’ leave commencing on 24 April. It was the Mayor’s prerogative to grant or refuse leave to employees. Garvan wrote a second letter to the Mayor on 23 April and he asked in somewhat unusual terms for clarification of the dates granted.

“Sir, Would you be so kind as to let Mr Lines know to what time you have granted me leave of absence so that if it is granted to the extent of my application (twelve days) I might prolong my stay in the country until that time has expired.”

The letters were filed together and according to an unsigned and undated annotation on his first letter, he was granted leave only from Monday 23 April until Saturday 28 April [CRS 26/78/301]. The second letter might indicate some strain in the relations between Garvan and Sutton or at least unclear communications between them.

City Council elections were to be held on 1 December 1866 to elect eight Aldermen for a two year term from December 1866 to December 1868. The Corporation Act provided for eight of the sixteen aldermen to retire each year. The retiring alderman for Fitzroy Ward was the Mayor, John Sutton, who was not standing again although his term as Mayor did not expire until 31 December. Two men, John Hughes and Charles Kidman, both businessmen, nominated as candidates for the Fitzroy Ward. Neither man had previously served on the City Council.

The nomination of John Hughes as a candidate for Fitzroy Ward was announced on 20 November and on 23 November notices appeared in the daily papers of meetings to be held every evening by a Central Committee formed of citizens of Sydney in favour of his election. The joint secretaries of the committee were Joseph Carroll, William Stoddart and James P Garvan whose names appeared on all such notices. It was customary for voters to endorse an aldermanic candidate and for their names to be published but it must have been eye-catching for a salaried employee of Council to be actively assisting a candidate in an election campaign for aldermanic office. While no public comment appears to have been made, it seems very likely that some at least of the Aldermen would have felt Garvan’s actions to be inappropriate to his position.

John Hughes was born in Leitrim, Ireland in 1825 and came to Sydney in 1840. Hughes had at first been employed with several of the well-known Sydney retail and wholesale grocers, the Coveny brothers (Thomas and Robert), and Samuel Peek. He set up his own grocery business in 1851 which was successful. He withdrew from the retail business and transferred his interests to wholesaling and importing. In 1866 he announced his retirement from business activities although he had by then acquired many properties in the Sydney business district. In his later life, he was a conscientious Sydney Police Magistrate, he established successful pastoral enterprises in the Dubbo District and he became a generous benefactor supporting Catholic interests. He was active in raising funds for the re-building of St Mary’s Cathedral; he donated the land for the church of St Canice at Elizabeth Bay and made numerous other gifts to Catholic churches and schools. He received a papal knighthood. Two of his sons, John Francis and Thomas were to become City Aldermen and Thomas Hughes became in 1902 the first Mayor to bear the new title of “Lord Mayor of Sydney”.

Charles Kidman was a grocer and baker operating at 158 South Head Road. He had arrived as a soldier of the 11th Regiment. His religious affiliation was to the Church of England. His private residence was at Randwick and he had been a Councillor of Randwick Council from its inception in 1859 to 1862. His business was profitable and over the years expanded to several premises with the involvement of his sons. By the time of his death in 1885, as well as being wealthy, he had accumulated an impressive array of properties in prime positions in the CBD of Sydney, at Circular Quay and in George and Pitt Streets.

The election campaign for Fitzroy Ward during the last ten days or so of November 1866 was a very busy one for Hughes and Kidman. Both addressed meetings nearly every night at various public hotels in the Fitzroy Ward. All meetings were very well attended with enthusiastic endorsements made by supporters of each candidate. Both main Sydney daily papers of the day, the ‘Empire’ and the ‘Sydney Morning Herald’ reported impartially the speeches of both candidates. The Catholic ‘Freeman’s Journal’ declared its support for Hughes stating “We know that every confidence is placed in the ability and integrity of Mr Hughes”. Sectarian feelings were close to the surface in Sydney and had made their appearance in August when a contentious public lecture by the Reverend J McGibbon on the Anti-Christ was taken by many to be a slur on the Catholic Pope. A riot had broken out at this lecture resulting in what was dubbed the “Battle of York Street”. No-one was badly injured and no charges seem to have been laid in consequence of the brawl.

On the day preceding the election, Friday 30 November, both the ‘Empire’ and the ‘Sydney Morning Herald’ published the normal advertisements endorsed by the honorary secretaries of the Hughes Central Committee, Carrol, Stoddart and Garvan, but positioned immediately following were the following short advertisements:

“FITZROY WARD.
FELLOW CATHOLICS, VOTE for JOHN HUGHES, one of ourselves.
Central Committee meet at the Sir John Young Hotel, EVERY EVENING, at 8.
ROMAN CATHOLICS of FITZROY WARD, strain every nerve to ELECT JOHN HUGHES.
WHO IS KIDMAN? One opposed to our principles. Why Vote for him.”

Both papers the next day carried the following set of advertisements denying any involvement by Hughes or his committee:

“TO THE ELECTORS OF FITZROY WARD
GENTLEMEN - Advertisement having appeared in the Daily Papers THIS MORNING appealing to the Catholic body to support and vote for Mr JOHN HUGHES, as a Catholic, we, the undersigned secretaries of Mr Hughes, on his part, and on our own emphatically deny all knowledge of the publication, and pronounce it an unscrupulous and malignant attempt of the opponents of Mr Hughes to damage his election. We feel bound thus publicly to pronounce that Mr Hughes's canvass has been entirely devoid of sectarian appeals; that his committee and his supporters comprehend all creeds, and it accidentally happens that the undersigned secretaries as they rank represent the Church of England, Presbyterian, and Catholic bodies:
JOSEPH CARROLL, WILLIAM STODDART, JAMES P. GARVAN, Honorary Secretaries, Central Committee Rooms, William-street, Friday Morning, November 30th, 1866
“ELECTORS OF FITZROY WARD.
BE early at the Poll and Vote for HUGHES, the man who does not resort to the mean artifice of fictitious advertisements. Polling place, Court-house, Darlinghurst.
“ELECTORS OF FITZROY WARD. BE early at the Poll and Vote for HUGHES, A liberal man, and an employer, who never made reference to a man's creed or country.
“ELECTORS OF FITZROY WARD.-Vote for HUGHES, the Working Man's Friend, and no Reduction of Wages.”

It is impossible to know who was responsible and to say what, if any, influence the advertisements had on the result. Kidman won the election by a mere 15 votes, receiving 639 votes to Hughes’s 614. A very large number of electors had turned out for the vote by secret ballot in Fitzroy Ward. Voting was not compulsory. The 1243 votes cast in Fitzroy far out-numbered those in the Bourke Ward with the next largest total of 782 votes cast and totally eclipsed the 89 votes in Gipps Ward. Both Kidman and Hughes made speeches at the declaration of the Poll thanking their supporters. Hughes stated that he “ran the race fairly” but said he would appeal against Kidman’s election on the basis that 40 more ballot papers had been counted than the number of declaration papers signed by the voters. He handed there and then a protest in writing to the Mayor, Sutton, who was the returning officer for the poll. The ‘Freeman’s Journal’ on 8 December alleged that the 40 extra ballot papers were all in favour of Kidman, deplored the use of the “American notion” of “stuffing the ballot box” but did not support taking legal action. Hughes did not pursue the matter further.

THE PARTING OF WAYS: DISMISSAL FROM COUNCIL EMPLOYMENT

No doubt that if relations between Garvan and the retiring Mayor John Sutton were already strained, Sutton now had even less reason to have kindly feelings towards Garvan. Garvan applied verbally to the Mayor on 21 December 1866 for some leave at Christmas effectively wishing to turn the two day Christmas break into at least a four day break and possibly six days. In a letter dated 21 January 1867 [CRS 26/83/081], which was read to Council on 22 January 1867, Garvan gives an account of his conversations with the Mayor and Edward Bell, his superior officer. Garvan wrote that he had asked for a “few days to take a trip into the country”. He thought he might only need 2 days and the Mayor had said he could have 3 or 4 if Bell agreed. He then asked Bell who referred him back to the Mayor upon which Garvan recounted the conversation he had already had with the Mayor. Bell then agreed to his absence but asked him, according to Garvan, to return as soon as possible as the Aldermen might think “there was no work doing in the office”. Garvan had believed he could have Monday 24 December to Thursday 27 December and “as to the Friday and Saturday, I could have them as far as the Mayor was concerned and Mr Bell had no objection to my taking them excepting that it would be impolitic, but he did not say that I could not have them”. Garvan took his leave from the Monday and returned to the office on the Saturday having taken 3 days in addition to Christmas Day and Boxing Day and claimed he only came back on the Saturday in order to write up his work so as not to delay the yearly statement. On his return, the Mayor immediately suspended him. The Mayor’s report on the suspension was read at the Council meeting on 15 January. Sutton wrote that the suspension was “in consequence of Mr Garvan having absented himself from the duties of his office on several occasions, without permission, a practice seriously interfering with the business and subversive of the discipline of this Department”. It was normal procedure for Council to either confirm or lift the suspension and the matter of “reinstatement” of Garvan was listed to be considered at the meeting of 22 January.

Garvan must have decided that he had no prospects of being reinstated, and probably he did not want to be, for having in the first part of his letter painted a picture of poor communication between himself, Bell and the Mayor and using that to justify the leave taken, he followed up with a declaration framing his plight as a just cause and he wrote:

“This is all I have to offer in explanation, believing that I did nothing for which blame could be attached to me. I cannot be expected to adopt a subservient or cringing tone for Clemency when I only desire Justice.”

Garvan did not however leave it at that. He continued on and launched a full attack on Sutton.

“I have heard more than once that Mr Sutton has resorted to the unmanly and undignified conduct of endeavouring to bias the Aldermen against me by imputing to me crimes other than that which was falsely attributed to me in my suspension. Now this is unjust insofar as I have no chance of defending myself against such attacks which will act as an underground current against me and until it comes to the surface in the shape of some definite charge I cannot possibly resort to any argument to disabuse your minds of any wrong impressions received thereby.
“Hoping to have justice done me in this matter I remain, Gentlemen, Your obedt Servant, James P Garvan”

The meeting of Council on 22 January 1867 became a heated debate on the merits or otherwise of Garvan’s actions and sentiments. The ‘Sydney Morning Herald’ published a long account of the meeting and the ‘Empire’ published an even more detailed account. Alderman Oatley moved the motion that Garvan be reinstated but be not paid for the period of his suspension. In support he stated that Garvan had been an efficient officer and absenting himself for one day scarcely warranted his dismissal. Alderman Butler seconded the motion. The newly elected Alderman Kidman was set on securing Garvan’s dismissal. He asked questions designed to demonstrate that the junior temporarily appointed to do Garvan’s work was doing it for a salary of £80, a considerable saving. The City Engineer was called before Council and Kidman aggressively quizzed him. Bell was vague about how many days leave Garvan had been granted and Kidman was reported by the ‘Empire’ to say “If the Mayor gave three days and Mr Garvan took four, he broke the law and should be punished.” The newly elected Mayor, Charles Moore, called for “Order’” amidst “ironical comments”. Oatley asked Bell whether there had been previous complaints made about Garvan and Bell replied “Not in writing”. Kidman interrupted Oatley and was heckled and ridiculed by Alderman Caraher. Kidman asked Bell whether Garvan had ever previously returned late from leave and Bell said he had on one occasion missed the steamer. Kidman said he should have walked overland. Caraher accused Kidman of asking frivolous questions. Butler suggested Kidman speak to the motion. Alderman Renny asked Bell if he had complained to the Mayor that Garvan’s work was in arrears and Bell said he had not but he had said that as Garvan was not back from leave someone else would have to make up the time-sheets. Alderman Macintosh spoke on the discrepancy between Garvan’s letter and the former Mayor’s report in that the Mayor complained of Garvan’s repeated absences. He added, however, that Garvan’s letter was “bold, out of place and unmanly”. Alderman Butler tried to speak in favour of Garvan only to have Kidman interrupt again to which Butler replied “I hope the alderman will learn manners and not interrupt me”. The Aldermen cheered and laughed. Kidman interjected again and Caraher once again heckled him. Alderman Macintosh complained the meeting was proceeding in a “very disorderly manner”. Alderman Renny moved an amendment, seconded by Alderman Steel, to refer the matter to a Committee of Council, saying that Garvan’s letter and the Mayor’s report were contradictory, the late Mayor’s motives and conduct had been impugned and the two men should appear before them. The amendment was lost by 6 votes to 9 so the aldermen were forced to make a decision on the original motion to reinstate Garvan. The motion to reinstate was lost by 5 votes to 10. Those in favour of the reinstatement were Aldermen Oatley, Butler, Caraher, Smail and Woods. ‘Bell’s Life in Sydney’ 26 January 1867 reported:

“At a meeting of the Municipal Council on Monday last, a discussion ensued on the circumstances which led to the suspension, by the late Mayor, of Mr Garvan, late clerk in the City Engineer’s office. It appears he exceeded his Christmas holiday leave by one day; and with all due recognition of the necessity of proper discipline and subordination in public offices, it would certainly seem that Mr Sutton, under the circumstances disclosed, was unnecessarily harsh in the punishment he bestowed upon a generally deserving and efficient officer. It was proposed to reinstate him and this, of course, led to a pretty hot discussion, in which Mr Kidman so strongly opposed Mr Garvan's cause that one would almost imagine he allowed some private ANIMUS to influence him rather than public grounds.”

At the next Council meeting of 2 February 1867 Alderman Kidman asked whether the dismissal of Garvan had been confirmed and the Mayor, Charles Moore, said that since the resolution reinstating Garvan had not been passed, Garvan was in fact dismissed. The legal niceties of this were later contested but in the meanwhile Council appointed James Walsh in place of Garvan at a salary of £100 per annum. It is not without irony that in 1872 Walsh was dismissed after two incidents, the first in 1870 involving a mysterious fire in his office which destroyed documents and the second in 1872 again involving the destruction or disappearance of documents from his office.

Garvan in the meanwhile spent January organising an Anniversary Day social picnic on Clark’s ground at the mouth of the Lane Cove River, for which all tickets were sold privately. Garvan accordingly took no part in the Anniversary Day Athletic Sports at the Albert Ground or in the Anniversary Day Regatta or cricket matches. He did in the following month take part in the cricket ball throwing competition at the Albert Ground.

When the Committee for the St Patrick’s Day Regatta was formed in February 1867, John Hughes was appointed Chairman and Treasurer with William Dolman and John Denis Garvan as honorary secretaries. Neither John nor James Garvan competed in the Regatta.

James Garvan proceeded to set up a business enterprise as a commission agent. It is possible that his new business was in his mind in his two trips “to the country” in the leave taken in April and December of 1866. He began operating at the Victoria Wharf in Sydney and targeted producers in the Illawarra district. Between May and November 1867 Garvan published a “weekly produce circular” in the ‘Illawarra Mercury’ giving prices on the Sydney market for items such as hay, wheat, maize, flour, bran, oats, barley, potatoes, eggs, fowls, ducks, turkeys, calves, pigs, bacon, lard, cheese, honey and bees wax. From November 1867, Garvan gave his business address as Phoenix Wharf. Both Victoria Wharf and Phoenix Wharf were accessed by Shelley Street, a lane coming off Erskine Street and leading to the Wharfs. Among others, John Hughes conducted business at the Phoenix Wharf.

In May Garvan once again agreed to be the honorary secretary to the St Vincent’s Hospital Ball Committee. The successful ball took place in July.

On 7 November 1867, possibly in contemplation of a change of employment or considering that his reputation was damaged by the circumstances of his departure from Council employment, Garvan sought to clarify his position. Garvan wrote to the Mayor and Aldermen, noting first that it was over ten months since he had been suspended and continuing:

“I have never been informed since then whether the Council by thus declining to appoint me on a particular date intended to dismiss or merely to subject me to a further period of suspension. Under these circumstances I have the honor to request you will be so good as to inform me whether I was then absolutely dismissed or not. In the event of my not having been dismissed I have to request that you will now accept my resignation.”

Garvan’s letter was referred to the Finance Committee which decided that it “would respectfully recommend that the resignation of Mr Garvan be accepted but backdated to the 27 December 1866.” At the Council meeting on 26 November 1867, Alderman Butler moved and Alderman Sutherland seconded a motion that the resignation be accepted from 27 December 1866 (the date of his suspension) and the motion was passed. Garvan did nothing more for the moment.

ACTIVITIES 1868-1871 INCLUDING A YEAR AS CITY AUDITOR AND COURT ACTION AGAINST COUNCIL

Years later in a “Political Portrait” published by the ‘Australian Town and Country Journal’ 21 April 1883, Garvan claimed that his parting with Council "was through taking part in political contests, and supporting the losing sides.” Garvan was absent from Sydney for much of 1868 and 1869 returning for short stays only. His last newspaper business advertisement as a commission agent appeared in January 1868. He was in Sydney in February 1868 when he threw the cricket ball 120 yards at the Albert Ground and presumably again in Sydney in July 1868 when named to play for the Sydney Football Club but he took no part in any of the Regattas in 1868 or in 1869 and no part in organising public events as he had done in previous years. In the interview referred to above, it was said that at this time he “had a roving commission for two or three years, during which time he visited Queensland and Victoria, riding to the borders of the latter by way of the seaboard - a journey that was very seldom performed in those days”. Equestrian events were to become an athletic pursuit adopted by Garvan in his later years winning prizes at the Royal Agricultural Society’s Show.

Garvan took no part in the troubled organisation for the St Patrick’s Day Regatta of 1868 which was eventually abandoned following the attempted assassination of HRH the Duke of Edinburgh at Clontarf on 12 March 1868.

Garvan was, however, in Sydney for the organisation of a St Patrick’s Day Picnic in the following year, 1869, and acted as Honorary Joint Secretary with Joseph Graham O’Connor, lay secretary of the Catholic Association and at this time, printer and newspaper proprietor. The Committee, headed by Sir Terence Aubrey Murray, President of the Legislative Council, contained many influential Sydney politicians and businessmen. The picnic took place at Balmoral and 420 tickets were sold. Among those present were the Premier of NSW, John Robertson, and very many members of Parliament. The ‘Empire’ and ‘Sydney Morning Herald’ gave full reports of the event and listed the prominent attendees and the ‘Freeman’s Journal’ printed detailed accounts of all the toasts and speeches. The ‘Sydney Morning Herald’ 18 March wrote:

“The toast of "Fatherland" was proposed by the chairman [Murray] in an eloquent and impressive address, and was received with enthusiastic cheering. Mr J. P. Garvan returned thanks for the toast in a remarkable speech - one in which there was an historical research, and a felicitous, clear, and temperate expression of patriotic thought that called forth an outburst of well-deserved applause.”

Garvan’s name does not again figure in Sydney newspapers until the very end of 1869. His name appeared once again among the rowers in the Hunters Hill Regatta on New Year’s Day 1870, taking part in pairs events with his brother Denis. He was once again honorary secretary with JG O’Connor of the St Patrick’s Day Committee for March 1870 which organised a picnic to Clontarf. At the picnic, he made one of the toasts and the ‘Freeman’s Journal’ 19 March 1870 reported:

“Mr Garvan proposed "The Land We Live In" and in eulogistic terms alluded to Australia as possessing all those qualities necessary to make it a prosperous country. All must be influenced by the harmony of the scene before them and have felt the invigorating influence of the climate. Their beautiful harbour, the haven of the distressed mariner, has been admired by all who have entered this city. Mr Garvan entered into the many claims which 'the land we live in' possesses, and concluded an animated and splendid speech, by giving the toast entrusted to him.”

Garvan had not lost his enthusiasm for public speaking and expressing his patriotic feeling but he was still interested in political matters that affected Irish interests. The ‘Empire’ published a letter from him on 28 April on the Immigration Bill then under debate. He attacked particularly what he called the “obnoxious clause” which was intended to impose an immigration quota of twenty Englishmen to every six Irishmen, three Scotchmen and three Welshmen. The ‘Empire’ also published a letter from the Presbyterian minister, John Dunmore Lang, attacking the same provisions of the Bill.

Garvan’s elder brother, John, had by this time become ill with lung disease and died on 3 May 1870 at his mother’s residence, 143 Dowling Street. It may be that the early deaths of male members of his family gave impetus to Garvan’s desire to make his life meaningful. His father had died at the age of 50; his uncle Calaghan had died at the age of 24 in 1857 soon after arriving in NSW and now his brother was dead at the age of 32.

In August, Garvan made a decision to study for the law becoming an articled clerk to RR Bailey and later to BA Freehill. He continued to keep a high profile in public affairs and in October, he chaired a meeting which resolved to form a NSW branch of the Hibernian Society. At a further meeting he was elected President and the committee was to seek information about registration as a Friendly Society.

In November 1870, Garvan made his last elite amateur rowing appearance in the Balmain Regatta, as earlier described, in the hugely hyped amateur race by four-oared gigs with disappointing results for him and his crew.

In December, Garvan took a surprising step and was one of fourteen candidates for election to the office of City Auditor for 1871. The position was to be filled by two men to act jointly and carried with it a salary of £100 pa. The duties were not particularly onerous – or so previous auditors had found – involving half-yearly inspection of the books of the City Council. The City Auditors were elected by the same electorate as that qualified to elect the Aldermen. Among the candidates were previous City Auditors such as Joseph Carroll and William Hayes, and men well-known in business circles such as Robert Clarke and Joseph Graham O’Connor. Garvan’s nominators were prominent men, many of them Catholics, such as JJ Curran, Matthew Molony, RR Bailey, John Hughes and others.

JG O’Connor with 972 votes and Garvan with 879 votes were top of the poll, the nearest other candidates being Joseph Carroll with 575 votes and Robert S Clarke with 561 votes. The total of votes cast was 4451. Garvan published his appreciation of his supporters in the ‘Sydney Morning Herald’ on 20 December:

“CITY AUDITORSHIP - Mr JAMES P. GARVAN returns thanks to the citizens of Sydney for electing him City Auditor, and he wishes more particularly to recognise the exertions of those gentlemen who, in different parts of the city, so kindly CARRIED OUT their PROMISES of support.”

Garvan’s high public profile is clearly shown in his election to the role of auditor without having the financial qualifications or accounting experience that other candidates clearly had. He was in the curious position of being paid by the City Council as its elected auditor, one of the independent public guardians of the City’s financial probity, but his past employment history with the Council carried with it the hint of unreliability on his part. His public profile as lecturer continued with a lecture on ‘Intemperance: its Effects and what Ireland has lost by it’ given at the Sacred Heart Temperance Society in February. The ‘Sydney Mail’ 11 February recorded the hall was crowded and noted that many of the audience signed the pledge before leaving. The anti-Catholic paper ‘The Protestant Standard’ also reported his lecture taking the opportunity to lay the blame for Irish intemperance on the priests with “red faces and ponderous noses” and also on the Irish publicans. Garvan and his co-auditor JG O’Connor once again used their organisational skills as honorary secretaries to the St Patrick’s Day celebrations in March.

Garvan with the support of his mentor RR Bailey set out to not only study the law but to make use of it or to practise its implementation in the courts in a number of litigations during 1871. He decided to clarify the position with regard to his previous employment by Council. Garvan wrote to Council on 2 March 1871 stating his case:

“On the 29th December 1866 by a letter from the Town Clerk at the instruction of the Mayor I was suspended on the alleged charge of being absent one day without leave. The correctness of the charge I then denied and now deny. However, I remained under suspension till November 1867 when I tendered my resignation which was accepted by your Worshipful body November 1867. Then and not till then did I cease to be an officer of the Corporation and am consequently entitled to my full pay from the date of my suspension till the date of the acceptance of my resignation.” [CRS 26-108-275]

On referral to the Finance Committee, the claim was rejected and Garvan proceeded to Court claiming £200 from Council (in effect a year’s salary). The hearing took place in the Metropolitan District Court on 13 June and was reported in the ‘Sydney Morning Herald’ and ‘The Freeman’s Journal’. Council defended the case and while the judge found in Garvan’s favour, he awarded him only £21 plus costs. The total amount payable to Garvan was costed by the City Solicitor, Richard Driver, at £31/2/8 [CRS 26-109-688]. This must have been a satisfactory outcome for Garvan – he was confirmed as the wronged party and any future slur on his character could now be conclusively dismissed.

In July 1871 Garvan married Mary Genevieve Glissan, daughter of Dr Glissan. Mrs Garvan became well-known as an outstanding organist.

From the end of July through to November, Garvan was engaged in a number of court cases involving Charles Doyle. In the first case, Garvan along with his brother Denis Garvan, Peter Brennan and Philip Sheridan, brother of Robert Sheridan who had married Annie Garvan, appeared on warrant as defendants charged with unlawfully entering premises in Bourke Street and expelling Charles Doyle by force. RR Bailey was lawyer for the defence instructing Innes. Doyle had carted a ship’s deck-house to the vacant ground and was using it as a dwelling. Philip Sheridan claimed to own the land. After some consideration, the magistrates dismissed the charge.

Garvan did not let the matter rest and initiated a charge against Doyle of ‘wilful and corrupt perjury’. Again RR Bailey was Garvan’s lawyer. Garvan alleged that Doyle had been untruthful in his evidence in the case against Garvan and the others in alleging Garvan had broken down the door of his premises and assaulted him. Garvan and various witnesses were examined and cross-examined. This case too was dismissed.

Charles Doyle now decided to continue the matter. Doyle is probably the man who had been Lessee and Clerk of the George Street Markets for the first half of 1847 before becoming insolvent. In his examination by the Chief Commissioner in Insolvency, Doyle had been heavily questioned about gambling and about his possible interests in various Market activities from which he may have been receiving undeclared income. His major creditor was the Trustees of the Estate of Terence McElhone; the trustees had endeavoured to have him legally dismissed for maladministration as executor of the estate. In his examination in August 1847, the clerk taking notes of his insolvency examination wrote

“… he admits that he received £300 on account of the trust Estate, £150 of which he expended in defending the above suit in Equity [the attempt to remove him as executor] and the remainder in matters unconnected with the trust. He states that he kept no separate accounts of money received by him on account of the trust but that it was mixed up with his own money and that he always intended to pay over whatever was due and offered to refer the same to arbitration.”

The Commissioner refused to give him his Certificate of Discharge because of this admission and his estate was not released until 1858. One might say that Charles Doyle had a track-record of slippery dealings.

Doyle, described as a collection and commission agent, took action against James Garvan, Denis Garvan and Philip Sheridan for trespass and assault. The case was heard by Justice Cheeke with a jury of four and took place over three days, from 14 to 16 November. Mr Isaacs instructed by Russell Jones appeared for Doyle, while Sir William Manning and Innes instructed by RR Bailey appeared for the defendants. Doyle claimed he had an arrangement made in about 1848 by a man named as Toogood who had died a few years later to rent the land but had only in recent months taken occupation. Sheridan claimed the land had been transferred to his ownership by a man named Crowley who had fenced the property. Evidence was given by various witnesses as to the mode of ejectment to which Doyle had been subjected. Bailey gave evidence that he had spoken to Doyle and warned him that a warrant might be issued against him. Before proceeding to eject Doyle, Garvan and party had gone to the police and had asked two constables to accompany them so as to ensure that no claims could be made of use of unnecessary force. The jury retired for half an hour and then gave the verdict in favour of the defendants. The trial was very fully reported in both the ‘Empire’ and the ‘Sydney Morning Herald’. Doyle made one last attempt and filed a notice for a re-trial but did not proceed further with the matter.

Garvan’s term as City Auditor came to an end at the end of 1871. There appeared to have been no difficulties in the performance of his role. The City Council decided in October that the Auditors for 1872 would receive no remuneration. Garvan did not stand again although JG O’Connor did. O’Connor topped the poll from a field of 12 and was re-elected with Richard Taylor becoming his co-auditor. John Hughes stood again for election to Fitzroy Ward but was defeated by Green with 703 votes to Hughes’s 627. Kidman did not stand. Garvan took no part in the election campaigns.

1871 was the last year of any close association between Garvan and the Corporation of the City of Sydney. He must have felt much satisfaction in establishing the wrongful nature of his dismissal in 1866 and with having by popular vote spent a year in a supervisory position over the Corporation.

BUSINESS MAN, LAW SCHOLAR, ORGANISER OF PUBLIC EVENTS, FOUNDER OF PUBLIC COMPANIES, 1872-1881

Garvan left off his legal studies and spent most of 1872 and 1873 at Hill End where he and Philip Sheridan were involved as managers, legal managers and shareholders in a number of Gold Mining Companies including the Honest Lawyer Gold Mining Company, the St George Gold Mining Company and the Great Britain Gold Mining Company. Garvan took time out in February and March 1872 to appear on his own behalf in the political arena of state politics by standing as a candidate for the seat of Hastings to represent the Port Macquarie-Hastings River district. He was unsuccessful and returned to the goldfields. His first child, John, was born at Hill End in January 1873 and in May 1873 he was appointed to the Public Schools Board for Hill End. None of the mining companies had much success and by the end of the year he had forfeited most of the gold leases he held in the Hill End, Sofala and Turon River districts. Eleven years later Garvan travelled to Silverton in the Barrier Ranges to assess the new Broken Hill silver mining area and in a press interview he alluded to his Hill End experience:

“Above all I wish to warn the public against the recurrence of the Hill End experiences, where the place was cracked up, and the mere fact that a claim was near a rich find was enough to secure a fabulous price for it .… On the whole I regard Silverton as a place where capital may be legitimately expended with every prospect of very large results, but it must be done with care and judgment.” [‘Freeman's Journal’, Sydney, 12 July 1884 p 8]

By the end of 1873 he had returned to Sydney. His wife, Mary Genevieve Garvan, advertised as a teacher of piano, harmonium and singing. She was an extremely accomplished musician who played the organ at many public events in Catholic churches, supervised the choir at St Benedict’s Church and helped raise funds for St Benedict’s. In 1874 their second son, James Columba, was born in Sydney at 257 Forbes Street, a house owned by Garvan’s mother. Garvan began to study for the bar under the tutelage first of the well-known barrister and Parliamentarian WB Dalley and next under the brilliant Edmund Barton, six years younger than Garvan. Barton and Garvan, both alumni of Sydney Grammar School, shared an enthusiasm for rowing and cricket and developed a lifelong friendship as their interests, beliefs and enterprises brought them together including the campaign for the Federation of the Australian Colonies.

Garvan was one of the prime movers for the holding of public celebrations of the Centenary of the birth of the Irish Patriot, Daniel O’Connell which fell on 6 August 1875. In a letter to the ‘Freeman’s Journal’ on 3 July 1875, JP Sweeny wrote:

“Too much praise cannot be given to Mr James Garvan for being the first to call the attention of the Irish public to the necessity of making some preparation for the centenary celebration.”

The first meeting took place on 30 June and a general committee was formed consisting of the 400 or more persons present and ex-officio all clergymen of whatever denomination in NSW. An executive committee of about 50 was chosen. Any surplus funds were to be used to establish a Daniel O’Connell scholarship at St John’s College, University of Sydney. Planning got underway for what was to become a huge event. Businessman, Matthew Molony, became Chairman and James Garvan and Thomas Michael Slattery became joint secretaries. The executive committee set up sub-committees to invite the participation of schools and Friendly, Religious and Benefit Societies; to organise a music programme and athletic sports; and to provide refreshments all day and night. The Exhibition grounds were to be hired. Archbishop Vaughan was to deliver an oration in the evening and a musical programme would follow. Dr Badham wrote a special cantata and Signor Giorza a musical composition while Mrs Garvan played the accompaniment and helped organise rehearsals for the choir of over 200 voices.

The date for the celebration was set for Friday 6 August 1875. It was decided to organise a Procession from the Prince Albert Statue at the entrance to Hyde Park to the Exhibition Ground. Advertisements were placed inviting the participation of Societies. Public meetings were held prior to the planned celebrations at which the life of O’Connell was eulogised including one at St Benedict’s where 1500 attended. A High Mass was to be celebrated at St Mary’s Cathedral.

On the day it was estimated that at least 20,000 people gathered at Hyde Park for the commencement of the Procession. The march, with Society banners and assisted by five bands, was led by 700 representatives of the Roman Catholic Guild and about 800 men from the Labouring Men’s Association. Following them were others including about 400 representatives of the Hibernian Benefit Society, members of the Seamen’s Union, about 1200 marchers from the St Francis Temperance Society, members of the Christian Doctrine Confraternity, the Sacred Heart Literary Association, and 600 residents of Goulburn who had come to Sydney by a special train. Sightseers along the whole route watched the marchers and then tagged along at the end. The procession was marshalled by D McGarvey, drill instructor, who managed to keep the whole lot in order. The newspapers estimated the procession as extending over a mile in length and McGarvey believed that over 120,000 had taken part in the procession - a number close to half the population of Sydney and suburbs at that time.

The ‘Evening News’ concluded in its full report:

“The joint hon. secretaries, Mr James P. Garvan and Mr T. M. Slattery, were ubiquitous, and to their untiring exertions the success of the demonstration is in a large measure attributable.” [‘Evening News’ 6 August 1875]

The ‘Sydney Morning Herald’ the next day echoed the ‘News’ in saying”

“Before closing this notice it should be recorded that the arrangements made by the committee were so far perfect that, notwithstanding the magnitude of the demonstration, there was no hitch in the proceeding, but everything passed off according to the programme in the most satisfactory manner. Great praise is especially due to Mr J. McGarvey who marshalled the morning's procession, and to the honourable secretaries - Messrs. J. P. Garvan and T. M. Slattery - who were almost ubiquitous and indefatigable in their endeavours to make the O’Connell centenary celebration what it proved to be - a great success.“

Once again, Garvan had used his talent for organisation and excelled. Once again he mixed with men who were successful in the business world and the world of politics.

Garvan finally abandoned his legal studies and turned his mind seriously to business. He had developed an awareness of the struggle of ordinary men to provide for their families. At the beginning of 1876, Garvan gathered together a group of businessmen and with them began the process of forming the Australian Building Land and Investment Society with an associated Savings Bank. The structure of the Society was based on mutual ownership. One thousand shares at £20 each, payable in fortnightly instalments, were taken up within weeks. Trustees elected were John T Toohey and Edward F Flanagan; directors were Matthew Molony, MM McGirr, P Sheridan and D O’Connor. Garvan became company secretary and manager of the Society which was referred to colloquially as the Australian Building Society. The Society aimed to help people achieve home ownership by creating a vehicle of investment for others to foster that aim while providing solid security for all involved. Loans were made at 8½% repayable in fortnightly instalments and deposits in the savings bank withdrawable at any time paid 6% interest pa. In later years, less favourable terms applied. At the end of its first year, the Society paid shareholders an 8% dividend and declared a 2½% bonus payable to members. The Society continued in active mode until the end of 1885 with Garvan as manager and was formally closed in 1894, its purposes achieved.

Garvan's family grew with the birth of his third son, Denis Felician, in August 1876 at Regent Street, Sydney.

During 1876 and 1877, Garvan served on the committees organising testimonials for the rower, Edward Trickett, who had gained international success, and for James Punch who had organised and subsidised Trickett’s overseas trip. Garvan dabbled once more in Sydney municipal politics acting as joint secretary of the committee for the successful election of Daniel O’Connor as alderman for Phillip Ward in November 1876. He was joint secretary for a testimonial fund for Joseph Graham O’Connor. He helped organise the St Benedict’s Excursion to Clontarf on 24 May 1877. He was a committee member of the Mercantile Rowing Club and was active in the organisation of the National Regatta.

In September 1877, Garvan gathered together a large group of prominent businessmen and a provisional committee of 46 of them was established to form the City Mutual Fire Insurance Company. Extensive advertisements signed by Garvan listing the committee members and announcing the intention to form the company were placed in all the prominent Sydney papers. The advertisements presented an analysis of the fire insurance industry and its profitability noting that 26 of the 30 existing Insurance companies offering fire insurance were overseas owned. The advertisements went on:

“Now, a local company with a large number of shareholders, all interested in its success, and striving to put business in its ways, with an active and intelligent board of directors, must have an immense advantage when competing with the agent of any foreign company for business. We therefore desire to establish The City Mutual Fire Insurance Company, and, whilst making a most profitable investment for its members, be, at the same time, the means of keeping within the country some portion of the £100,000 a year, which is now being taken away by the British and Foreign companies.”

The company was formed on the 13 September 1877 and a sub-committee consisting of M Fitzpatrick, MLA, TM Slattery and JP Garvan was appointed to conduct the business of the company, on behalf of the provisional committee, until the directors were elected. The first directors were elected on 13 November 1877 and in order of the votes given were John See, JP Garvan, JT Toohey, TM Slattery, M Fitzpatrick, MLA and P Stanley. Fitzpatrick became the Chairman and James Murphy was appointed manager. The company structure was that of a mutual body with shareholders. It advertised “Every description of fire risks taken at lowest current rates. The profits of this Company will be annually divided between shareholders and policy holders.” In December the Board of Directors authorised the payment of £500 to Garvan “for services rendered in connection with the formation of the Company”. Despite a difficult year in 1878 and the nightmare financial years of the late 1880s and the 1890s, the company flourished under the Chairmanship of John See with James Garvan, Patrick Hogan, John Toohey and others as directors. James Murphy was succeeded as manager by Robert Kerr in 1884, a man who earned an admirable reputation in the insurance industry becoming president of the Insurance Institute of NSW in 1894. The company struck a dividend in all years except 1878 paying 8% pa throughout the 1880s and increasing to 10% pa in the 1890s. Profits were recorded, the reserve fund grew and the share price increased. At the 17th Annual General Meeting in January 1895, the Chairman, John See, reviewed the Company history declaring that while 1894 was the worst year for fire insurance, yet the Company still made a profit. He reminded shareholders that the Board had so much confidence in the Company that the directors held about one fifth of the company’s shares. The meeting passed a resolution carried unanimously expressing confidence in See and Garvan.

In 1877 Garvan, his wife and three sons, John, James and Denis, moved to Roseberry Villa at Milson’s Point on the North Shore of Sydney Harbour. His first daughter, Mary Kathleen, was born there in February 1878 and his fourth son, Gerald Ulick, in December 1879. The family later moved to ‘Finbar’ at Pitt Street, North Sydney (now Kirribilli), where two more sons and five more daughters were born: Annie Georgina in 1881, Helena Mary in 1883, Claire Frances in 1885, Nina Cecilia in 1887, Sylvia Doris in 1889, Edmund (Dick) in 1891 and Maurice in 1894.

Communication between the City and North Shore was by boat. There were watercraft and ferries operated by individuals or small businesses, often with erratic or unreliable services. Garvan instigated a meeting of North Shore residents with the object of forming the North Shore Steam Ferry Company as a public company. Garvan became a director of the company formed in March 1878 and after some initial difficulties its services became reliable and the company very soon returned a profit for its shareholders. Garvan withdrew from active participation in the company after a few years. The viability of the Company was from time to time threatened by what might be termed ‘legislative risk’ as Holtermann, the local member for St Leonards (the North Shore electorate), pressed for the introduction of a Government run ferry service. Nevertheless, by 1881 the company was able to pay a dividend of 11% pa and the share price had risen.

In September 1878, a group of well-known and successful businessmen met together with the object of forming a new Mutual Life Assurance Society. Garvan was one of their number and the City Mutual Life Assurance Society was registered on 21 November 1878 with Garvan as its Managing Director, a position he held until 1887. The new Society was purely mutual in structure: there were no shareholders; all policy holders were members, all having a vote, all being eligible for any office and all sharing in the profits distributed as bonuses. For the first few years, none of the directors, nor Garvan as managing director, nor the society’s doctor (John Power) and its solicitor (Bernard Austin Freehill) received any fees. John See, prominent MLA, became Chairman of the Board in 1881 in company with fellow politicians, Patrick Hogan, Edmund Barton, Daniel O’Connor, together with Dr John Power and Francis Bede Freehill. The directors were subject to annual election and the same men continued on the board for many years, the only change being the election of John Hardie (Mayor of Sydney in 1884) in place of O’Connor in 1884. The Society was immediately successful with careful management of expenses and with strict medical examination required before issuing a policy. Each year it was able to report credit balances and it built up its reserves and made sound investments of its funds. It appointed agents on commission in country districts and opened interstate offices. The Society continued to flourish through the worst years of the economic depression of the 1880s and 1890s and was able to issue bonuses to members. The Society expanded its types of insurance policies adding endowment policies and then in 1884 decided to issue life policies for smaller amounts with premiums payable in either weekly or fortnightly instalments in order, as John See explained, “to endeavour to popularise life assurance with the masses of people”. This type of insurance usually called “industrial assurance” proved very popular but its administrative costs were higher entailing employment of many persons to collect the regular premiums and so its operational structure and requirements were different to the Society’s other insurance business.

At the end of 1886, the board decided to part with the “industrial assurance” division of the Society’s business by selling all its assets and liabilities to a new company to be floated and called the Citizen’s Life Assurance Company. Garvan retired from his managerial position at the City Mutual Life Assurance Society and became the managing director of the new company which was registered with a capital of £200,000 in £10 shares. The board of the new company included parliamentarians John See and William Lyne. The company was extremely successful under Garvan’s management, soon writing a record number of policies and paying dividends to shareholders, despite the severe economic depression of the period. After Garvan’s death in 1896, his son John J Garvan became the General Manager and the company eventually became the Mutual Life Company (MLC Co Ltd), one of the giants of the Australian 20th century insurance sector.

POLITICS AND BUSINESS, 1881 - 1894

By the end of 1880, Garvan's reputation as a successful businessman was growing. He was founder and manager of the Australian Building Society, founder and active board member of the Mutual Fire Insurance Company, as well as founder and managing director of the City Mutual Life Assurance Society. He had organised the formation of the North Shore Steam Ferry Company. All these ventures were prospering. He had gained high praise as a manager and organiser of public events.

Now, aged 37, he turned his eyes to the formulation and implementation of public policy. In November 1880 he stood for election to the Legislative Assembly of the NSW Parliament and was elected in December 1880 as one of the two members for the electorate of Eden on the south coast of NSW.

GARVAN: THE MAN AND HIS STYLE

Garvan was a physically imposing man. He was tall, over 6 feet, and of a strong build. The ‘Sunday Times’ described him some ten years after he entered Parliament:

“Mr. Garvan, the hon. gentleman who poses as an authority upon all matters pertaining to finance, is a big rough-looking man, who would have made an excellent pirate in the days of the Spanish Main, if he is half as ferocious as he looks. His beard is nearly grey, but just round his mouth is still a grisly black. His hair has a wild waywardness of its own, and manages to get in most directions at once; right down the centre of his skull there is a narrow bald line, about 2 inches wide, which looks like a section of military-road running through timbered country.” [reported in ‘The Kiama Independent and Shoalhaven Advertiser’ 22 September 1891 p4]

His speaking style was typical of the oratorical style of the times with long convoluted sentences. He was frequently ponderous and verbose or, as the ‘Newcastle Morning Herald’ put it, “his eloquence was decidedly of the stern and solid order”.[‘Newcastle Morning Herald and Miners' Advocate’ 21 November 1896 p5 ]. His prepared speeches were well researched and knowledgeable and his financial analyses were rigorous.

Early in Garvan’s career, David Buchanan of the Sydney ‘Daily Telegraph’ wrote:

“Mr Garvan is a man of marked ability, and, probably the last man in the country to make a statement that he has not thoughtfully pondered, and well-considered, as to its soundness and truth, before he makes it.” [‘Daily Telegraph’ October 1884]

He only occasionally rose to the oratorical heights and often couched his opinions in terms of his ‘solemn duty’. The ‘Sydney Morning Herald’ remarked ‘No man has more solemn obligations, more high and holy public duties, than Mr Garvan.’ [‘Sydney Morning Herald’ 14 December 1887]. The political columnist in Goulburn, having become critical of Garvan, wrote of his style:

“He is as dreary as the wind whistling through the key-hole of a haunted grange at midnight. Never by any chance does he exhibit a ray of originality, never does he raise his solemn looking head above complete mediocrity. Nevertheless he is for ever interposing his oar, and conducts himself three nights a week as a veritable oracle and seer.” [‘Goulburn Evening Penny Post’ 22 August 1891 p4]

Not surprisingly, Garvan resisted any attempts to restrain the length of Parliamentary speeches even when it was clear that some members used their right to unfettered speech to waste time and prevent or delay the conduct of government. His speeches were long and he often rose to speak.

GARVAN: EARLY POLITICAL CAREER

The members of the NSW Parliament’s Legislative Assembly were elected for three year terms but Governments rarely lasted that long. During Garvan’s 14 years in Parliament there were nine Governments. When Parliament was in session, the Assembly sat for four days in the week, convening at 4.30 pm and continuing through the evening after a meal break. Parliamentarians other than ministers were not paid until 1892. Unlike in England, a two party system based on policies had not evolved in NSW and a government majority was formed by combinations of various ‘factions’. Factions were formed based on the attraction of a leader such as Henry Parkes or George Dibbs or based on a policy for an important issue. Regional issues, such as the building and location of railways, could also be the basis for a grouping or faction. Much negotiation between Parliamentarians occurred in the process of forming a Government and as much also in forming an effective Opposition with an agreed leader.

Politicians and voters in the last two decades of the nineteenth century regarded the most important differentiator of governments to be adherence to either the principles of Free Trade or its opposite Protectionism, the latter of which required the imposition of import taxes on goods entering NSW either from the other Australian colonies or from overseas. Garvan’s opinion on the matter changed over his time in Parliament from being at first a ‘free trader’ to becoming a ‘protectionist’ by the end of 1886. Parkes (Premier five times between 1872 and 1891) was always a free trader but Dibbs (Premier three times between 1885-1894), like Garvan, changed his opinions and became a protectionist. Garvan came to believe that protection was the only way to prevent the undermining of workers’ wages by the importation of goods produced by cheap overseas labour. His years in Parliament coincided with a period of deep depression of the economy, falling wool prices, fall in revenue from the sale of lands and a severe drought. These pressures on governments, when there was no political agreement on policies that might alleviate the general distress felt by the people and the business world, and the decline in government revenue, contributed to the instability of government. Many businesses including banks failed in this period and individuals became bankrupt. Government debt increased tremendously during these years with huge overseas loans. Historian Hilary Golder writes in “Politics, Patronage and Public Works – The Administration of New South Wales” pp 213-214 “tariff policy became a galvanising political issue” and “parliamentary factions again cohered, competed and realigned around various financial strategies: retrenchment, tariff reform and/or direct taxation”.

Garvan’s abilities were recognised immediately by his fellow parliamentarians but he always held fast to his own beliefs and concept of honour and his accompanying inflexibility when contemporary politics might have demanded compromise limited any aspirations he might have held to becoming leader of a faction. His attacks on what he perceived as corrupt activities of members and particularly ministers of government made more than some members wary of him. Sir John Robertson as Premier in 1885-86 invited Garvan to become Minister of Public Works but he refused. Some months later he moved the no-confidence motion that defeated Robertson’s government in the House. In a letter written 17 February 1886 by Robertson to the Governor, Lord Carrington, Robertson described the composition of the opposition as 47 led by Jennings, 7 led by Parkes, 6 by Garvan and 4 unattached. Jennings was able to form a government with Dibbs as Colonial Secretary, Lyne as Minister for Public Works and Garvan as Minister of Justice (1886-87).

Garvan's term as Minister of Justice probably confirmed him as by nature an Independent politician not a party follower. On the other hand his grasp of managerial principles meant he also recognised that governments needed consistent support if they were to achieve outcomes.

As a Minister in the Jennings government, Garvan found that he could neither defend questionable actions or conflicts of interest of his fellow ministers nor could he join the opposition in attack on them. Garvan for instance was silent on the dilemma of his colleague James Fletcher, Minister for Mining, who was also the owner of mining companies; a clear conflict of interest, one that Fletcher acknowledged, was uncomfortable about and resolved eventually by resigning. The opposition and the press highlighted Garvan’s silence. The ‘Evening News’ on 18 September 1886 wrote “he has presented but an emasculated figure of his former political self” in contrast to his previous career described as “one of singular independence, marked by firmness and vigour of thought and speech”.

Garvan also found himself in difficulty in his role as Minister of Justice. Flogging as a punishment for some offences had been abolished in NSW in 1877 but had been restored in 1883. Two men in July 1886 were found guilty of an “indecency” and sentenced to 48 hours detention and 15 lashes. Henry Parkes asked in Parliament why the floggings had not been carried out. Garvan said disingenuously he had annotated the papers sent to the Police officials who were to administer the sentence with what he explained as an opinion questioning the sentence and this had been interpreted by the Police as an order not to proceed with the flogging. Garvan was also criticised in regard to his failure to appoint as Clerk of Petty Sessions at Orange the man recommended by the Civil Service Board although there was no legal obligation for him to accept the recommendation.

The Jennings government barely survived the year with increasing internal dissensions, poor performance and worsening economic conditions. Both Dibbs and Garvan announced during the election campaigns that they were now supporting Protectionism. In the new Parliament Henry Parkes was able to form a new freetrade government which stayed in power during 1887 and 1888. Garvan was once more on the opposition benches and once more had the freedom to attack government policies, the forms of presentation of government accounts and instances of corruption or conflict of interest. Once more he could take on the role of “Reprover-General of Ministries” as described by the pseudonymous columnist, ‘A Native’. [‘Freeman's Journal’ (Sydney) 20 February 1886 p 15]. Garvan also declined in 1887 the role of Leader of the Opposition.

Garvan became the Colonial Treasurer in the short-lived Dibbs Government of January to March 1889. In the election campaign following its defeat in Parliament, Garvan strongly attacked and denigrated the financial state of the colony under the Parkes and earlier governments but his attack was viewed not so much as the exposure of those governments’ financial misjudgements and mistakes as an undermining of the reputation of NSW and endangerment of the colony’s ability to service the loans that had been incurred. As the years passed, however, the press and public came to believe in Garvan's financial acumen.

GARVAN: FINANCIAL ACUMEN

Garvan in opposition minutely examined the Government’s presentation of accounts. For years he essentially maintained they were set out so as to misrepresent the true state of Government finances. He consistently alleged that the Railway accounts supposedly showing profits in fact concealed losses. Many people and the press, of course, found it difficult to follow the financial facts stated by Garvan. Many found the detailed examination of accounts to be tedious. The flurry of figures provided food for ridicule:

“A microscopical mathematician — the member for Eden. Two and two make four, say most men. Mr Garvan's version is: ¼ plus 2½ minus 1¼ plus 2½ make 4.” [Brevities, ‘Evening News’ 14 December 1887]

However, by 1893, the ‘Sydney Morning Herald’, which had been a long-time critic of Garvan, in reporting on the Parliament’s debate on the Public Debt and Sinking Fund Bill intended to improve the government’s financial management referred to Garvan as a “financial authority”. [‘Sydney Morning Herald’ 29 September 1893 p5].

Garvan’s annual addresses, as managing director of the Citizens Life Assurance Company, on the general economic outlook and company matters attracted large audiences and these along with his successes in other businesses re-established his reputation as a strict, fair and authoritative financial authority. He viewed his role in Life Assurance seriously and saw his role not just as a commercial enterprise but as a service to his community. At the 5th AGM in February 1892, he said:

“Whilst in all commercial undertakings the Spirit of gain and the consequent desire for success is the great motive power, yet in our business, whilst a thorough recognition of the most stringent commercial obligations is imperative, we are, nevertheless, prompted to our greatest efforts by the holiness of our work — the assuaging of grief and the bitter pangs of bereavement at the times of most urgent need. We have carried the great, the holy, work of life assurance into the homes of every class, but more particularly have we sought to bring its influence into the homes of the industrial masses, and with what success let our records speak for themselves.”

GARVAN: FIGHT AGAINST CORRUPTION

From the beginning of his Parliamentary career Garvan demonstrated his intolerance of corruption and of conflicts of interest between the personal and public concerns of Parliamentarians, particularly of Ministers of Government. He was driven by his sense of public duty. In 1881 he was one of only 7 members, including his confrere in the O’Connell celebration TM Slattery, newly elected Member for Boorowa, who voted against compensation for the Milburn Creek Mining Company. His opinion that fraud was involved was vindicated by the end of the year when EB Baker, Parkes’s Minister for Mines, was expelled from Parliament for his role in the matter. He targeted James Watson, the Treasurer in Parkes’s ministry, accusing him of setting fees for the Government’s wharf at higher rates than he was charging for use of his own company’s wharf. During the ministry of Alexander Stuart, 1883-5, Garvan continually asked questions concerning FA Wright, the Minister for Public Works, and principal of the large carrying business Wright, Heaton and Co, and that company’s dealings with the State Railways in regard to charges for freight. In 1886 Wright was charged with fraudulent dealings with the Railways, but for multiple legal causes the trial was abandoned. In 1888, Garvan strongly pursued the Treasurer Burns and his partners George Withers and Robert Burdett Smith, also MLAs, who were involved in the development of the Hornsby Estate. Garvan queried details of compensation for land resumed for the North Shore railway to Pearce’s Corner and also the use of free labour supplied by the Government for ground clearing and road making in the Estate. An official inquiry at the time found that the Casual Labour Board had supplied unemployed labourers to do such work. A later inquiry chaired by George Dibbs seemed to place the blame on Withers for any questionable actions and revealed him as the source for Garvan's parliamentary questions. [see ‘Maitland Daily Mercury’ 21 September 1896 p4]. In following years Garvan also queried arrangements regarding the lease of government tramways and government land purchases. In 1889 Garvan drew attention to an apparent conflict of interest affecting Parkes’s Treasurer, McMillan, who was a large shareholder in the Metropolitan Coal Company which was a major contractor to the Government. In 1892, when Parliament investigated the Australian Banking Company, Garvan was highly critical of the actions of Francis Abigail, former Minister for Mines. Abigail was tried and convicted of conspiring to issue a false balance sheet with fraudulent intent.

In an interview prior to the 1885 election, Garvan clearly stated his view on the threat to Parliamentary integrity that was posed by corruption.

"‘The main question to go before the country,’ said Mr. Garvan last night in an interesting interview with a representative of this journal, ‘is the question raised on the resolution submitted by me to the House in connection with Mr Wright's position as head of the firm of Wright, Heaton and Company and at the same time Secretary for Public Works and also the cognate subjects that were discussed in that debate, notably the question of Ministers of the Crown forming themselves with a few other friends into Limited Liability Companies, and then contracting with the Government in which they are Ministers. The issue upon which the people will be called upon to express an opinion is whether the purity of Parliamentary life and Ministerial office must not be protected from the dangers and suspicions that must exist when Ministers have large private dealings with their own Government…. To my mind the purity of parliamentary life is the great palladium of every liberty and every privilege that we cherish. Let once the stain of corruption find a home within parliamentary precincts and the ruin and degradation of a country will be close at hand’….”
[‘The Daily Telegraph’ 3 October 1885 p5]

GARVAN: RELIGIOUS TOLERANCE

Garvan was a practising Catholic but he extended religious tolerance to people of other religions. For instance, he returned hastily from a trip to Melbourne to attend a public meeting at which he seconded Henry Parkes’s motion to erect a memorial to the Presbyterian minister, the late John Dunmore Lang, in recognition of his role in the development of Australia. Garvan said “Dr. Lang, throughout a long and eventful career, had shown by the vigorous, true democratic spirit which had pervaded his actions that he had done a substantial work in the direction of laying the foundation-stone on which to build up the future character of this country”. [‘The Australian Star’ 9 August 1888 p3]

Despite the Church’s opposition, he supported state education and voted for the Public School Act of 1882 recognising that it had majority community support. He also voted in support of the Divorce Bill in 1888 which the Catholic Church officially ignored as not relevant to Catholics. Garvan, like many Sydney Catholics, was dismayed in June 1888 when the Pope issued a circular opposing Home Rule for Ireland. Public meetings were held and passed resolutions against the Pope’s interference in a political matter and Garvan agreed.

“Mr Garvan, in supporting the resolution, said he must confess that when he first heard of the rescript from Rome attempting to interfere with the struggles of Ireland for liberty, no very choice language carne from his lips in denouncing it. (Cheers.) He recognised the sacredness of the Pope's position in relation to religious matters, but no man would be prepared to denounce any attempt at interference by Pope or priests with the right of men to govern themselves as they thought fit more than he would be; and the Catholics would deserve the contempt of the whole world if they did not resent this unwarrantable interference with their rights. (Cheers).” [‘The Sydney Morning Herald’ 16 June 1888 p8]

His sincere Catholicism did not stop Garvan from defending others’ beliefs. Garvan was very quick to condemn any attacks on persons denigrating another’s religion. He called out anti-Semitism in the Parliament. In March 1884, he appealed to the Speaker when the firebrand John McElhone in debating duties on ham referred to the “race” of Henry Cohen, the Minister of Justice.

“I think Mr Speaker, I shall ask you to protect any member of the House from such offensive allusions. If there is any one thing which is unfair and unmanly, and which is contrary to the spirit which should actuate honourable members of this House, it is the making of offensive allusions to the religious opinions of any of its members. Whether the allusion is or is not out of order, you sir, would be discharging the highest obligations of your office if, with a strong and firm hand, you would put down any conduct of the kind. I appeal to the honourable member who is guilty of these insulting remarks to refrain from their use, in which case he would better discharge his duty as a member of this House. This is the second time in the course of his speech that the honourable member has made these offensive allusions; and I hope that you, sir, will not hesitate to protect that which should be held most sacred – the religious feelings of any member of the House.” [Hansard 5 March 1884]

In 1891, he similarly appealed to the Speaker when Paddy Crick, having earlier referred to the Minister for Public Works, Arthur Bruce Smith, as a Hebrew telling lies, a remark withdrawn on order because the accusation of lying was deemed unparliamentary, soon after made reference to Bruce Smith’s “compatriots” who were currently being driven out of Russia.

“Mr. GARVAN rose to a point of order. ("Hear, hear.") Was it in order for a member to refer directly or indirectly to the religious belief of another member? The religious tenets of every member must be held sacred, and he asked the Deputy-Speaker to rule that direct or indirect reference of the kind was not permissible in the House.” [‘The Daily Telegraph’ 5 August 1891 p6]

In March 1888 John Haynes, a Parkes supporter, launched an anti-Catholic rant in the Parliament in the course of which he verbally attacked and made accusations against James Fletcher, past Minister in the Jennings Ministry, who was actually a Presbyterian of Scottish ancestry. Fletcher responded by physically attacking Haynes. Months later Haynes sued Fletcher for compensation of £5000. While the jury awarded £5, the court directed Haynes to pay all costs of the action. In Parliament immediately after the incident Garvan rose to his feet and once again asserted his beliefs on religious tolerance:

“I think everyone will regret exceedingly the scene which has occurred. No matter under what pressure, under what provocation, it took place, every one will regret that that means of rectifying the wrong, however great that wrong might have been, was adopted by the honourable member who did adopt it. But every one I think also - and I think I speak for more than the side of the House on which I am standing- everyone will regret the language which preceded and led to the disorder. I think that every honourable man, every one with an instinct of freedom and fair play, will regret the language which led to the disorder; for in all my life, in any assembly, under any circumstances, I never heard language of the character which emanated from the honourable member for Mudgee [Haynes] - so grossly insulting to our intelligence, so utterly at variance with every sense of religious freedom; and if there is one thing more than another upon which, as Australians, we pride ourselves, it is that there is in this country perfect and unlimited freedom for every one, at any rate, in the manner in which he worships his God.” [Hansard 21 March 1888]

GARVAN: VIEWS ON IMMIGRATION

Garvan in general supported unrestricted immigration. In 1875 the Robertson Government had proposed to apply quotas to match British immigration to the population proportions of England, Wales, Scotland and Ireland. There was much protest, both from those of Irish and Scottish inheritance. Garvan, not yet in Parliament, wrote a letter to the ‘Sydney Morning Herald’ in which he said:

“If we act wisely, we will choose our immigrants, not by the chance of their birth or residence, but by their character and fitness for the work that is before them here…In the name of enlightenment, of freedom and liberality, in the name of Australia, with its vast and mighty resources, with its free and liberty-inspiring atmosphere, let us protest against this attempt to import into legislation anything that would savour of the narrow mindedness of the sectary, possibly the fanaticism of the bigot.” [‘The Sydney Morning Herald’ 30 April 1875 p 6]

On the matter of Chinese immigration Garvan's view was that it was best to avoid problems. He did not express the general racism of his times, but he accepted it existed in the community. In his speech on the Parkes’s governments proposed bill to stem the “influx of Chinese” by limiting their landing to certain ports and prohibiting them from carrying on mining operations, made in hasty response to the arrival of a Chinese immigrant ship, he said:

“I am one with the Government in saying that it is unwise that the Chinese should come here. I think that where such racial distinctions and antagonisms arise, the wisest way to settle the question even in the interests of the Chinese themselves, is to say to them, ‘You keep your own country, and we will keep ours.’”

Garvan went on however to condemn violence engendered by the government’s proposals and injustice to the Chinese. When Parkes denied this, Garvan responded:

“The Government have already dealt most unfairly with them and whatever trouble may arise will be traceable to the unstatesmanlike, hasty proceedings of the Government. Since the difficulty first arose, since the vessel arrived at Melbourne, there has been ample time for the Government to seek legislation in the ordinary course; but it has been delayed until the present moment, when, in a spirit of passion and haste, we are asked to dispense with all the customary formalities and solemnities. ... Very much to the discredit of our race, while this passion is now running through the country, individual cases of gross outrage have been perpetrated on the Chinese. …”

But as usual Garvan discerned principles embedded in the colony’s British heritage which further nuanced his view and accorded better with his own principle of tolerance to all. He continued in his speech saying:

““Whatever the dangers and difficulties of an influx of Chinese coming to this country are, no danger will reflect so much discredit on the colony as will unfair conduct towards the Chinese who are already here. One of the boasts of England is that the moment a slave lands on English soil, that moment the aegis of British law over-shadows him, and entitles him to all its privileges. No boast has been more frequently uttered or more gloried in by the British race than that. Then, why should not we as Australians retain as high a standard of patriotism, as noble a conception of human obligations, and extend them to the Chinese - few in number - who are here at the present time.” [Hansard 16 May 1888]

The possibility mooted by other Parliamentarians of the proposed bill clashing with British Law and the British government caused Garvan to include in his speech the his thoughts on the relation of Australia to Great Britain:

“… Whatever my views are with reference to our connection with the British Government, I hold that no undue difficulties ought to be created by any unnecessary act of ours to sever that connection. The time will come when in the full ripeness of our growing maturity the severance will take place; but, in heaven's name, let it take place in the way in which a child would separate from its parents; let it not be forced by untoward or unnecessary action on the part of ministers for the time-being. …” [Hansard 16 May 1888]

GARVAN AND INDIGENOUS PERSONS

In debates on the Electoral Act in 1891, when some Parliamentarians suggested that indigenous persons, many of whom had exercised their vote for years, be excluded from the franchise, Garvan stated his view that Aboriginals as citizens of the colony should not be disqualified except on the same conditions as others. The Premier, Parkes, in reply to Garvan and agreeing with him, also asserted strongly his opinion of indigenous voters saying: “The Aboriginals were subjects of the country, and in very many cases it was known that they had sufficient intelligence to exercise the franchise. ("Hear, hear.") If in some cases they were so constituted that they were unfit for that privilege, he was very sorry to be in a position to say the same thing of some of his own countrymen.” [‘The Daily Telegraph’ 13 August 1891 p6]

In the practical sphere, Garvan is on record as successfully applying to the Aborigines Protection Board for the purchase of a boat for the use of an Aboriginal family at Eden. [‘The Daily Telegraph’ 12 March 1892 p3]

GARVAN AND THE PURITY OF PARLIAMENT

Garvan was a fervent supporter of the Parliamentary system of government. He believed that Parliamentarians should speak freely and truly and not be restricted in Parliamentary debate. At first he opposed measures to tighten the standing orders regarding application of the ‘gag’ in Parliament although later he came to accept the necessity of curtailing some speeches. He spoke often of the need for ‘purity’ in public life and the need to guard it in perception as well as fact. He supported the role of the Speaker in imposing order and decorum. He supported the payment of Parliamentarians when it was proposed. He opposed the abolition of multiple member electorates believing that multiple members could represent diversity of opinions in the electorate. He believed a “a constitutional and well organised opposition essential to honest legislation”. [‘The Bega Gazette and Eden District or Southern Coast Advertiser’ 6 December 1882 p 2]

Paddy Crick, the pugnacious lawyer, had been elected to Parliament in February 1889. During debates in the House in October, Crick had engaged in uncontrolled tirades and particularly attacked Parkes whom he called a “hoary headed old sinner”. His behaviour led to his expulsion from Parliament in November only to be voted back in by his electorate in December. Garvan was disturbed by the extreme reaction of his fellow Parliamentarians and evoked his political ideals of freedom to speak and diversity of opinion to be heard. During the debate on a motion (which was lost) to allow Crick to apologise, Garvan speaking in favour, said:

“I think that the language used by the hon. member for West Macquarie should not be tolerated in Parliament. But while we have a standard that we are willing and anxious to act up to, we also know that, owing to the weakness of human nature, that standard is not always readily obtained. ... At that time of danger and trial to the Colonial Secretary [Parkes], with whom there was not much in common between us, when we thought there was a possible danger to the institution of Parliament, our party proclivities were put on one side, and we voted with him in his hour of danger and difficulty. The principle I laid down then is an honest one to adopt towards an honourable member who, in a moment of heat and impulse, uttered words perhaps too violent to express his strong feelings, and the best results are produced by men of strong feelings and strong passions. It would be a disgrace to the very institution of Parliament if these strong impulses were sought to be stamped out by the exercise of too strong a hand against an individual offender. Be careful lest in the exercise of power by a majority you do not stamp out that hope of liberty which must manifest itself more in a minority than anywhere else. It should be the desire of the majority to encourage independence of adverse criticism, even though it is exceedingly distasteful at the time it is uttered. I have not a word to say with
reference to the hon. member who has outraged the decency of Parliament.” [Hansard 3 October 1889]

In his final years as a Parliamentarian Garvan was one of the committee members (1892-1894) who achieved a full overhaul of the Standing Orders of the NSW Parliament. To that time, Standing Orders had been implemented by reference to the rules of the British Parliament and a patchwork of rulings made in the NSW Parliament.

GARVAN AND FEDERATION

Garvan was a strong advocate of Federalism believing the separate Australian colonies should come together to form a single nation. He was an Australian patriot while being also a fervent lover of Ireland, the land of his birth. Many times, Garvan spoke of his love for both countries. It was reported of the 1870 St Patrick’s Day Celebrations:

“Mr Garvan proposed ‘The Land We Live In’ and in eulogistic terms alluded to Australia as possessing all those qualities necessary to make it a prosperous country. All must be influenced by the harmony of the scene before them and have felt the invigorating influence of the climate. Their beautiful harbour, the haven of the distressed mariner, has been admired by all who have entered this city. Mr Garvan entered into the many claims which 'The Land We Live In' possesses, and concluded an animated and splendid speech, by giving the toast entrusted to him.” [‘Freeman's Journal’ 19 March 1870 p 2]

When he proposed the same toast twenty years later for the St Patrick’s Day celebrations at the Sydney Town Hall Banquet, Garvan incorporated his advocacy of Federation, saying:

“The theme is one that evokes enthusiasm not alone from him whose privilege it is to have first breathed God's atmosphere within its sacred boundaries, but from all who, wandering from afar, find that home and sustenance and protection that bounteous Australia gives to all worthy of it who seek her hospitable shores. (Applause.) … [yet] the true greatness of the land we live in will only commence to manifest itself as a united nation. National life will then begin to throb with the vigor of young and lusty manhood, material progress will step out of the ruck of everyday life, and, as the typical animal of Australia — the kangaroo — in his onward course bounds over every petty obstacle, so will the nation of Australia leap forward — not alone in the development of her unrivalled resources and material progress, but in the higher realms of national life and national culture. (Applause) … [‘The Australian Star’ 18 March 1890 p3 and ‘The Sydney Morning Herald’ 18 March 1890 p5]

Garvan strongly argued for the Federation of the Australian colonies. In August 1886, while Minister for Justice, he attended a banquet at the border town Moama across the Murray River from Echuca, in company with other NSW and Victorian MPs. In responding to a toast made to them, he said:

“… it was a matter of considerable pleasure to him that on the first occasion of his publicly representing his Government the toast drank in their honor should have the Victorian Ministry coupled with it. He looked upon it as a happy omen that the colonies would yet be united, which was the aspiration of all Australians. (Applause). This ought to be one great Australian nation instead of a group of independent colonies. (Hear hear). [‘The Riverine Herald’ (Echuca, Moama) 20 August 1886 p2]

Garvan put forward ideas to journalists on how he believed the federated states might work as a nation. He said “he believed in federation on a basis of freetrade between the colonies, and protection against the outside world. This he claims would make us one great Australian nation, between all the parts of which there would be absolutely free exchange” [‘Cootamundra Herald’ 2 November 1889 p6]. With Henry Parkes’s strong support for Federation, a meeting of representatives of colonial governments including New Zealand met in February 1890 to discuss federation. Garvan was quoted at this time as saying “that he is in favor of a union of the Australian colonies at the very earliest possible moment” [‘The Daily Telegraph’ 28 February 1890 p1].

He took the opportunity to push the idea of Federation in his annual address to the Citizens' Life Assurance Company saying:

“Though New South Wales had stronger reasons for feeling sore with the other colonies than they had with this, yet there was a sufficiently wide appreciation of the part of the people here of their duty as Australian citizens to put on one side the smaller motive of displeasure and recognise the great object, the great aim and the great ambition which should guide the heart of every Australian and bring under one dominion what should be the great Australian nation.” [‘The Daily Telegraph’ 28 February 1890 p7]

The 1890 Federation Conference made its recommendations and a further conference was planned for 1891 to consider in detail the constitution of the federation. Parkes announced to Parliament on 30 April 1890 that the four Legislative Assembly delegates would be himself, William McMillan (the Treasurer), and from the non-government benches, Joseph Abbott and James Garvan. The announcement was greeted with “uproar and disorder” while Parkes assured the members that he had gained the consent of the delegates. Parkes may have been genuine in choosing from the opposition two ardent advocates of federation with undoubted abilities but it may also have been a calculated wedging action aimed at causing division in the opposition. Opposition members were incensed at the insult given to their leader, Dibbs, whom they said should have been chosen because of that position despite the fact that Dibbs was well known to be at best lukewarm to the prospect of federation and at worst opposed.

At this point Parkes suffered severe injury in a cab accident and was unable to attend Parliament for some months. The controversy thus continued on unresolved and Garvan received much criticism for accepting the nomination. His action came to be considered as disloyal to the Protectionist opposition. Parkes of course had maintained that it made no sense to appoint as delegate a man such as Dibbs who did not support the purpose of the Conference. When finally Parkes returned to Parliament and sought ratification of his choices, the Assembly decided there should be a poll conducted in Parliament to choose the four delegates. In the poll, Garvan was only the fifth choice with 51 votes behind Sir Henry Parkes 81 votes, William McMillan with 78, Joseph Palmer Abbott with 77 and George Richard Dibbs 71. Garvan was bitterly disappointed but aside from his own personal feelings, he lost enormous respect and support from those who had been his political allies. He had displayed a lack of political skill in accepting the original nomination by Parkes not considering the implications for his own political grouping in Parliament. He further compounded the matter by a speech following the poll in which he attacked not only Dibbs but also Government members whom he believed should have voted for him as their Government’s original choice and who had not. He attempted to explain his own thinking to the House and his words throw much light on his political character:

“… when I was invited to accept this position, the invitation was made in the most formal manner in which it could possibly be made to any man. I never gave up my manhood to the Government. If there is an independent member of the Opposition, I claim to be that member – no man more so than myself. … Well, if I have got any character in the world, I have got the character, at any rate, of standing by an opinion of my own, no matter what may be the consequences. …

“I esteemed federation as the greatest object that an Australian could aim at. I felt that it was above every party consideration, and that if I could assist in giving effect to it, I should do so to the very best of my ability. … It may be a moot point, and I admit it is a fairly debatable one, as to whether, before I decided to accept this invitation, I should not have consulted the party with which I was identified; but if I have a failing of character, it is in exercising the power of determining for myself, and certainly the pluck of standing by that determination. However, the offer was made, and in view of the fact that I distrusted the leader off the Opposition on the subject of federation, I accepted it. That is the keynote of the whole matter…

“The strongest pressure was brought to bear on me to withdraw from the position I had taken up … When it was found that I held my honour more dear than party politics, these meetings [of the Opposition] were held, and I was besought by every obligation of party to again put myself in the hands of the Opposition and it was represented that they would deal with me generously, and as my merits well deserved … Whether I am supersensitive in my ideas as to my honour I do not know. Any man is responsible only to himself for his sense of honour. I felt, when I made a promise to Sir Henry Parkes to accept a nomination to the convention, that, come what would, offend whom it might, I was bound to stand by that promise… I risked all the antagonism of the Opposition and I risked personal friendships ... I felt that my honour was involved, and I stood by that honour and the honour of Parliament … l am not what may be termed a good engineer in political matters; I prefer dealing with the great principles involved in them. …” [Hansard 11 September 1890]

The conference went ahead without Garvan and as expected Dibbs contributed little.

On 1 March 1892, Parkes moved an adjournment to enable the Legislative Assembly to discuss the draft bill from the Federation Convention to be presented to all the state legislatures. In the course of the debate, Garvan gave his views on what the Federation should be and how to achieve it:

“… I am not myself an entire believer in the wisdom of the bill ; but, unquestionably, I am in favour of the great principle of federation, and I feel, and I think every Australian feels, that in federation all these colonies must find the best, noblest, and greatest destiny of Australia. … I hold that those who are anxious to bring about federation will have to adopt new lines altogether in their procedure. Instead of committing us to a bill, every word, every line, and every clause of which will be subjected to the possibility of amendment, first of all we shall have to commit ourselves to the great, broad question: shall we take a step towards the federating of the Australian colonies? That has already been decided by every parliament in Australia. Now comes what I think should be the course to be pursued by those who desire the union of the colonies. A federal parliament will have to be established to give effect to federation. What the various parliaments have then to deal with is, what powers are they willing to vest in the federal parliament? … If it is decided that there should be a federal legislature, then it should be decided that there should be relegated, say, the power of dealing with the subject of peace and war. … Then, again, the subject of taxation for the purposes of the commonwealth must be vested in the federal parliament; also the management of divorce laws, quarantine laws, the power of making treaties, the subjects of immigration, navigation, currency, coinage and banking matters, weights and measures, the insolvency laws, patents laws, the judicature of the country, post and telegraph offices, and the census. … As another convention will unquestionably take place, I suggest, for the consideration of all who are favourable to this great question, that instead of committing themselves to a bill which invites the certainty of being altered in one or more or every one of the legislatures, that they should commit themselves to a series of resolutions as to what powers they intend to vest in the future federal parliament…. [Hansard 1 March 1892]

Garvan spoke again on the matter a few days later in answer to a question directed to him after an address by Sir Henry Parkes on “New South Wales: Her National Resources and Place in the Future Commonwealth of Australia” to the Institute of Bankers with an audience of over 200 people. Garvan after complimenting Parkes on his address said:

“Though not a political friend of Sir Henry Parkes, he had in the matter of federation assisted him in every step which he had taken to further that great cause. To every man who had passed beyond the A B C of politics it must be obvious that if Australia was to become great there must be federation. ("Hear, hear.") Though the question had from various local causes stood lately in the background, yet the necessity for union was so great that the delay was only temporary, and it would shine forth with a greater glory at no far distant day. (Cheers.) There was as much danger of difficulties arising between the various colonies if they remained separate as there was between the various nations of Europe. ("Hear, hear.") Europe, with all its education and civilisation, was compelled to maintain millions of armed men ready to cut one another's throats. That would unquestionably be the fate of Australia if she remained severed into separate colonies and ultimately into separate countries. (Sir Henry Parkes "Hear, hear.") The time was inevitable when Australia must become an independent nation. — ("Hear, hear")— and if the Australian colonies severed their connection with Great Britain before federation was adopted all the dangers which beset civilised Europe would fall on this continent. ("Hear, hear.") For those reasons it behoved every man who loved his country to aid in the great cause of federation. (Cheers.)” [‘The Daily Telegraph’ 12 March 1892 p5; see also ‘The Australian Star’ 12 March 1892 p3]

By the time the next Federation Convention was held, Garvan was no longer in Parliament and was mortally ill. He did not live to see the Federation of the Australian colonies come into being on 1 January 1901.

GARVAN AND BUSINESS

After 1889, Garvan declined any overtures to become a Minister in a government or to take a leadership position in opposition. While willing to take part in the drive toward Federation, he was much involved in business management, both public and personal, during one of the worst world-wide economic depressions. His role in ensuring the stability and growth and success of the Citizens Life Assurance Company as the managing director was crucial. In September 1892, Garvan had to strenuously defend the company and its financial standing in Parliament after the widespread dissemination of a circular with hostile opinions and charges. At the following AGM before a large attendance and after declaration of a 10% dividend, WJ Lyne, then Minister for Public Works, and director of the company spoke:

“He paid a high tribute to the ability and energy of the managing director (Mr Garvan) to whom was largely owing the success which had attended their efforts during the past year … A great deal of unfair criticism had been hurled at the company but there was no doubt whatever that it was on sound foundation and that it would go on flourishing (Cheers). He pointedly referred to the unjust and unfair criticisms which had been passed upon the company and the action which the managing director had taken in Parliament to meet them …” [‘The Australian Star’ 16 February 1893]

At the following year’s AGM, Garvan was able to report continuing success despite the need to take extraordinary measures to support policy holders. The motion to move acceptance of his report “was received with prolonged applause”. John See, director and then Colonial Treasurer, seconding the motion said

“I say that this company is to be congratulated particularly on the fact that we have passed successfully through the terrible disasters during the year that has just passed. I do not like to dwell upon the events of 1893, but we used the greatest efforts for the company's improvement and progress and, during the worst year known in the history of the whole of these colonies, this little institution, which was only established seven years ago, made rapid strides in proportion to its income of the year before.” [‘Evening News’ 24 February 1894 p9]

Nine years later, John See, in making a toast to Garvan's son, John J Garvan, by then managing director of the company, spoke of James Garvan's role in the company:

“I desire to pay this tribute to the late Mr. James Garvan - that he was a man of great genius, of marvellous resources, and of wonderful force of character. To a very large extent - in fact, I may say primarily - to the late Mr. Garvan are due the reputation and stability of the great institution of the Citizens' Life Assurance Company.” [‘The Advertiser’ (Adelaide, SA) 21 March 1903 p9]

During his parliamentary years, Garvan continued as director of the Australian Building Land and Investment Society until its cessation in 1894 and director of the City Mutual Fire Insurance Company. He helped set up the Cosgrove’s Broken Hill Silver Company, later Cosgrove’s Broken Hill Silver Mining Company, and was a director. The Company achieved little, mostly suspending operations because of the disastrous financial state of the colony resulting in a dearth of capital for operation.

Garvan was among a number of Parliamentary protectionists who saw a need to found a newspaper to support the protectionist cause. The major Sydney papers and many of the regional publishers were proponents of the free-trade cause. The prospectus for the Australian Newspaper Company was issued in July 1887. Garvan became a founding director. The first edition of its paper, ‘The Australian Star’, was published in December 1887. It was successful and in 1893, the worst year of the depression, it was able to post a 6% dividend for shareholders. Garvan continued as a director until August 1894 when Patrick Hogan nominated against him and Garvan withdrew his nomination.

GARVAN AND THE NORTHERN RIVERS DISTRICTS

Garvan became interested in the agricultural prospects of the Northern Rivers districts. He acquired some land on Dunbible Creek, a tributary of the Tweed River near Murwillumbah, on which he grew sugar-cane. In 1892 Garvan applied for compensation for 30 acres resumed for the Lismore-Tweed railway. He asked for £1500 and was offered £380 and later £450. Eventually an independent umpire awarded him £1050. Garvan told Parliament in December 1892 that he held 396 acres in the district. In April 1894 on his request, the government grab-dredge from the Clarence River was re-located to the Tweed which allegedly improved river access to his holding among others whose owners had requested dredging. [‘Northern Star’ (Lismore) 14 April 1894 p2; ‘Clarence and Richmond Examiner’ (Grafton) 24 April 1894 p4]. Some thirty six acres of his cane, already afflicted by frost and drought, were burnt in wild fires in August 1895. [‘Sydney Morning Herald’ 13 August 1895 p5; 30 August 1895 p5]

Garvan began to acquire land for dairying in the Richmond River and Byron Bay districts from about 1881; some portions were bought in his name and some in the names of members of his and his wife’s family, the Glissans. Some portions later came to be held by the Citizens Life Assurance Company and by Mrs Garvan and JJ Garvan (Garvan's son John). In August 1889 Garvan sent 150 head of dairy cattle from the South Coast to his property. He set up a factory with a cream separator and other equipment for producing butter and cheese. He intended buying in milk as well as using his own product. [‘Clarence and Richmond Examiner’ 10 August 1889 p5] Names associated with his properties at various times were Possum Shoot, Granuaile, St Helena and Erindale. In 1891, Garvan purchased the adjoining dairy farm of 311 acres (Bonnell’s farm) bringing his holdings to about 1711 acres. The dairy properties were farmed by share-farmers such as Robert Bryen. The terms of Bryen’s lease of Granuaile, Possum Shoot and Erindale were that Garvan was to receive as rent one-half of the gross profits. In December 1892 Garvan informed Parliament that he held 2966 acres in the Parish of Byron. The ‘Garvan Estate’ auctioned in November 1905, severing the family connection to the district, consisted by then of seven properties amounting to 2924 acres which were subdivided into 32 dairy farms near Bangalow. The advertisement for its sale reads:

“Today at Bangalow at 2 o'clock Mr G T Hindmarsh will submit to auction the famous Garvan Estate farms, situated at and around St Helena. The land is all rich brush land and is equal to anything in the famous Big Scrub for dairying. Several of the farms are highly improved with comfortable homesteads, so that purchasers may start dairying at once. The terms too are most liberal and buyers are liberally dealt with. There are no high fancy reserves on the properties, so that the sale should be a most successful one.” [‘Northern Star’ (Lismore) 15 November 1905 p5]

GARVAN: BRYEN AND ANDREWS CASES, ELECTIONS,1893-4

The years 1893 and 1894, Garvan's last two years in Parliament, were full of difficulties in his personal, political and business lives and perhaps it is to those difficulties that some of Garvan's actions not in accord with his previous character and behaviour can be attributed.

The Dibbs government continued with a majority of one. Labor party members usually gave it support and so usually did Garvan, but he was not formally affiliated with the government and felt free to criticise it particularly in financial matters. He did, however, vote with the government in moments of crisis. Garvan's mother died in February 1893 and apparently his own health was troublesome in May. The worlds of business and finance were in turmoil. During April and May 1893, in NSW, Victoria and Queensland, bank after bank suspended payment. The NSW Parliament passed emergency measures to prop up the banks and guarantee deposits. Garvan's various businesses weathered the storms but there were anxious days. In the last quarter of the year, Parliament debated Electoral Reform and resolved to have all electorates represented by a single Parliamentarian. This entailed multiple redistributions and new electorates and many existing members found that their re-election would be difficult in the changed electorates. Garvan was one of those considered adversely affected.

Garvan became involved in a number of court cases in 1893 and 1894. In October 1893, disputes between Garvan and the City Mutual Life Assurance Company about past payments were resolved generally in Garvan's favour. In the latter half of 1893, Garvan initiated litigation for trespass against his tenant and share-farmer Robert Bryen but the dispute also generated a political furore throwing a great shadow on Garvan's character and political future.

Robert Bryen had held 10 year leases for three of Garvan's farms since 1890 and had for some time been pasturing cattle on Bonnell’s Farm which Garvan bought in 1891. Bryen stated he had leased it from Garvan while Garvan stated there was no lease but he had allowed Bryen the use of it until he leased it to Gallen and English. Garvan, Gallen and English severally sued Bryen, and Garvan also sued David Bryen, brother of Robert, and relative Thomas Lindsay for trespass. After two days’ joint hearing of all the cases in December 1893, it was agreed that there had been a misunderstanding between Garvan and Bryen, and on consultation overseen by the Judge, it was decided that all actions would be withdrawn and costs would be shared with Garvan's contribution set at £320.

The prior actions taken by Garvan in April and May 1893 to regain possession and Bryen’s actions to counter this, however, gave arise to a further dispute involving various officials of the police force, Garvan, Premier Sir George Dibbs and Parliament. Garvan sent some men take possession and to evict Bryen whom they allegedly threatened with weapons. Bryen fetched the local policeman Constable Andrews telling him he intended to evict Garvan's men and feared violence might occur. After staying with Bryen overnight, Andrews went with Bryen who confronted Garvan's men. Garvan's men asked Andrews’s purpose in being present and he responded ambiguously; the men left and reported to Garvan who was in the district. Garvan indignantly telegraphed Dibbs in Sydney seeking redress. The matter escalated involving the Inspector-General of Police, the local Inspector of Police, Constable Andrews, Garvan and Dibbs. While the police officials believed that Andrews should be reprimanded, Garvan demanded more, writing several letters, and Dibbs instructed that Andrews should be reduced in rank and posted elsewhere. Many local people were outraged. The constable had served for 14 blameless years, had a ‘delicate’ wife and eight young children. Local parliamentarians for Richmond, BB Nicoll and John Perry, acted and in February 1894 all the papers concerning the matter were tabled in Parliament and printed in March. Once the papers were in the public domain, the Press took up the cry against Garvan and Dibbs in what many termed a “scandalous affair”. Sydney and regional papers over several weeks published lengthy accounts of and extracts from the correspondence, minutes and records of evidence taken and found much to criticise in Garvan’s and Dibbs’s actions and all agreed Andrews had been harshly treated.

Long and hostile parliamentary debates followed in April with again full Press coverage and Garvan tried to explain his actions by painting the Bryens as greedy and accusing Andrews of “improper interference” and maintaining he was the wronged land owner. Member for Richmond, John Perry, said that Bryen was a man of “very good standing” in the district and, of Andrews, Perry said “I know him, and I know him to be a good man” and “every magistrate, and I have had the honour of being one for a number of years, held him in the highest estimation.” The debate was constricted somewhat by the knowledge that police officials had given Andrews permission to sue Garvan for libels committed in the letters which he had written and which were published in the parliamentary papers and Andrews had commenced proceedings and so the matter of what Garvan said about Andrews was ‘sub judice’. [Hansard 11 April 1894]

The Press was very critical of Garvan. The ‘Evening News’ reflected the majority opinion:

“There can be no doubt, however, that, whatever Andrews may have done, the bringing of political influence to bear against a person in his humble position was unfair, ungenerous, and sets up a precedent that if it be permitted to stand will prove disastrous. Mr. Garvan, a supporter of a Government which has a majority of one, thought he had reason to complain of the conduct of a policeman, who, according to him, was inciting and abetting a trespass, and who, when asked to explain his action, was not sufficiently communicative. Mr. Garvan accordingly, instead of applying to the local magistrate to check the trespass, or to the Inspector-General of Police to recall the constable to a sense of duty, telegraphed to the head of the Government which has the compact majority of one: 'Local trespassers forcibly entering upon my land; policeman aiding and assisting. I want protection from this gross outrage, and consequently appeal to you.' There can be no doubt that an ordinary person not in politics who had tried to bother the Colonial Secretary about the doings of up-country policemen would have been told to go to the devil or the Inspector General. But the applicant for protection being a member of a party that only counts one majority, and a pretty independent and sore-headed member at that, the Colonial Secretary [Dibbs] took up his cause with, as much zeal as if the safety of the country depended upon Andrews's suppression.” [‘Evening News’ 12 April 1894 p4]

In Parliament, John Haynes, Member for Mudgee, had said of Garvan “because of his hitherto unchallenged character I regret that throughout this case he has exhibited a vindictiveness of which no man could have suspected him before.” It must be wondered if Garvan had had a previous disagreement with Andrews and that this was his basis for believing Andrews had acted intentionally against Garvan's interest. It is clear that his relationship with Bryen had become hostile.

Andrews’s libel case was finally settled in October 1894 by agreement with Garvan paying Andrews £225, paying all costs and withdrawing all imputations against Andrews. Andrews was reinstated to his former rank.

The Dibbs government served out its three year term and the necessary election was called for 17 July 1894. Garvan's election campaign in the new seat of Bega was no doubt affected by the Parliamentary disclosures of April particularly when he was facing a popular local candidate in Rawlinson, a local lawyer, also a protectionist, who had been the first Mayor of Bega. Garvan was endorsed by the General Committee of the Protectionist Party as their candidate but to no avail. Two freetraders also contested the electorate effectively splitting the freetrade vote. Garvan addressed multiple meetings at all of which he seemed to please his audience according to most reports although the ‘Daily Telegraph’ [12 July 1894 p5] saw this differently observing:

“Meanwhile Mr Garvan passes like a funeral procession through the electorate, and neither the solemn grandeur of his fiscal chant, nor the dirge-like rhythm of his homilies on other subjects can dispel the memory of the unfortunate policeman whose downfall is still popularly attributed to the late member's over-anxiety to exert his power.”

The final count in the electorate was Rawlinson 717, Garvan 616, Neilly 349, Wood 55. Garvan was not the only sitting member to lose. The new single member electorates with revised boundaries produced an extraordinary result. With first past the post voting to elect one member only, many sitting members failed to be elected particularly if they had candidates of similar views contesting the vote. So, Garvan's co-member of many years in the old Eden electorate, Harry Clarke, was not re-elected as member for Moruya as he had a Protectionist rival splitting the vote which enabled a freetrader to outvote each of them. Of the 125 members elected, only 73 had sat in the previous Parliament, 7 had sat in earlier Parliaments, and 45 were completely new to Parliament. The division of members was approximately 62 Freetraders, 40 Protectionists and 23 Labor members. A new Premier emerged as George Reid formed a new government of Freetraders with Labor support.

Garvan made one more attempt at re-entering Parliament when he contested a bye-election in December 1894 for the seat of Tweed. He was well known in the district as he not only held acreage in sugar-cane but he had also in Parliament many times spoken up on behalf of the sugar industry and had supported construction of the Lismore to Tweed railway. The seat had been won in July by John Willard as a Labor candidate from nine other candidates. One of those candidates was JB Kelly, a Protectionist, who challenged Willard’s eligibility. It was found that Willard failed the residential requirement; he was disqualified and a bye-election was called. Garvan had many prominent supporters and the Lismore paper ‘Northern Star’ and others confidently predicted his success particularly as the Labor vote had evaporated with the departure of the railway builders on completion of the line. The ‘Clarence and Richmond Examiner’, however, saw difficulties for Garvan:

“… his strongest opponent will be one who is not in the field at all, and who will play no part personally. His name will, however, be on every tongue, and leaving other candidates, out of the question, the contest, as far as Mr Garvan is concerned, will be between Garvan and Andrews." [‘Clarence and Richmond Examiner’ (Grafton) 4 December 1894 p 5]

The result of the poll was Kelly 526, Garvan 418 and the Labor candidate 105. The ‘Examiner’ noted “Mr Kelly, the successful candidate had the advantage of being popular in the district, the prestige of having displaced the previous member, and a political sheet upon which there was no inscription.” [‘Clarence and Richmond Examiner’ (Grafton) 11 December 1894 p 5]

Garvan gained no friends among the Protectionist party in standing for the Tweed. The ‘Australian Star’, of which Garvan had been one of the founders and a director until being replaced in September 1894, after years of supporting Garvan, was critical:

“Mr J. B. Kelly deserved the seat for the Tweed, and he has got it by a very substantial majority. … Mr Kelly's candidature should not have been opposed by a protectionist. But Mr Garvan thought otherwise, and he made a vigorous attempt to secure the vacant seat. To their credit, however be it said the majority of the electors of the Tweed were influenced by a sense of justice, and therefore they refused the offer of Mr Garvan's services, Mr Kelly is an educated man, and should make a useful member.” [‘The Australian Star’ 7 December 1894 p4]

While the poll was taking place, Mrs Garvan, in Sydney, gave birth to their 12th child and 6th son Maurice Finbar Garvan. With the poll results in, Garvan gave himself a day at the Randwick horse races for the December Stakes Day.

FINAL YEARS 1895-96

Garvan's political career came to an abrupt end thus in December 1894 with his character much maligned.

Reid’s freetrade government went to the polls once more in July 1895 after legislation to remove protectionist duties had been defeated in the Upper House. Reid designated freetrade, direct taxation which he proposed and Upper House Reform as the issues for voters to consider. Garvan was approached to stand again but as ‘Truth’ reported:

“NOT ON! Mr J. P. Garvan, who was requested to stand for Moruya, has declined the office. The ex-member for Eden is less enamoured of politics than he was a few years ago.” [‘Truth’ 14 July 1895 p5]

Garvan did, however, take some part in the election campaign. Extraordinarily he campaigned for his old opponent Sir Henry Parkes in the Sydney electoral division of King in which Parkes had been persuaded to oppose the Premier George Reid. Reid and his government won an overwhelming victory endorsing his policies. Ironically for Garvan, his old co-member for Eden, Harry Clarke defeated Rawlinson in the Bega electorate by 880 votes to 537 and Sir George Dibbs lost his seat of Tamworth.

Garvan groomed his eldest son John Joseph Garvan to understand the insurance business and take a responsible role in the Citizens Life Assurance Company. JJ Garvan at the age of 22 became secretary for the company in 1895 and in 1897, after his father’s death, he was appointed General Manager. He had inherited his father’s brilliance in business affairs and the company grew from strength to strength under his guidance.

Garvan used his increased free time to accompany his wife to various social and musical events and she accompanied him to the major horse racing events. He was an experienced rider and had as a young man ridden over the country from Queensland to Victoria. In about 1893 he acquired a brown gelding, 16 hands, called ‘Signal’ which he entered in show events for hackneys up to 14 stone. The horse won at the Royal Agricultural Society’s Easter Show in Sydney in 1892, 1893, and 1896. He won prizes for a level-paced hackney and a weight-carrying hackney at the Berrima District Show in 1896. He also entered pairs of ponies in harness and driven, not exceeding 13 hands, winning a second prize at the RAS Show in 1894, a first at the Berrima District show in 1896 and a first at the RAS Show in 1896. His son John won prizes in 1897 on a hackney for up to 11 stone called ‘Finbar’ which his father had bred out of his mare ‘Bega’. Garvan kept the horses on grounds at Bowral. He spent the summer of 1896 at Bowral and made plans to buy a residence in Bowral. He and his wife appeared at many fund-raising events for charities such as the North Sydney Hospital, the Tempe Refuge, the Mater Misericordiae Home, the Prince Alfred Yacht Club, the Fresh Air League (providing rural respite), the St Mary’s Cathedral Building Fund, and St Martha’s Industrial Home, as well as the opening of the NSW Parliament, an “at home” at Government House and the Queen’s Birthday levee.

New South Wales had no standing army, nor any need for one as Garvan saw it. In 1889, he spoke on the matter in Parliament when it was proposed to appoint a paid military secretary.

“Mr Garvan deprecated the growing spirit of militarism which was being fostered in this colony, and held that expenditure on military matters should be kept down to the lowest possible level … He was convinced that the colony of New South Wales needed no protection against any possible foreign enemy, and that the same display of valour and military power noticeable in America in a time of greater trial than had befallen any modern nation, would be visible here.” [‘The Daily Telegraph’ 18 September 1889 p6]

The people of NSW, however, saw it differently and there was popular support for voluntary militias responsible to and supported by government. Several such regiments were formed over the years and in 1895 the ex-patriate Irish community wishing to demonstrate their loyalty to NSW requested permission to form a militia to be called New South Wales Irish Rifles. Garvan was persuaded and invited to be the Captain Commanding the Rifles and was so appointed in May 1896 and promoted to temporary Major Commanding the Rifles in August. The ‘Freeman’s Journal’ reported:

“Mr J. P. Garvan is the managing director of the Citizens' Life Assurance Company. He has sat in several Parliaments, and was Colonial Treasurer in one Ministry. Mr. Garvan, although he first saw the light in County Limerick, may claim to be in the right sense an Irish-Australian, as he came here when a mere infant. Mr Garvan, we are in a position to state, accepted the post of commanding officer so as to give the benefit of his experience as an organizer. Not being a military man, he was at first disinclined to take any active part in the Irish Rifles, although one of the most earnest advocates of the movement. When, however, he was assured that he would be of service, especially during the initial difficulties of organization, he promptly 'stepped into the breach.' Physically— standing over 6 feet in his stockings, and measuring, we should say, about 45 inches round the chest — and in many other respects, Mr. Garvan should make a model officer. He is thoroughly enthusiastic in the matter, and it will not be his fault if the Irish Rifles does not, turn out a crack regiment. What pleases Mr. Garvan most is that in the selection of the officers all political as well as religious creeds are included. Of the ten officers four are non-Catholics.” [‘Freeman's Journal’ (Sydney) 23 May 1896 p9]

Garvan swore in the recruits and then took a month’s leave. His health began to decline and by September 1896 he was known to be seriously ill with stomach cancer. By the time another Convention on Federation was being held in Bathurst in November, Garvan was confined to bed and not expected to recover. Edmund Barton informed the delegates that he was approaching death and spoke in eulogy of Garvan quoting the words of the American scholar Joseph Story in praise of the USA Chief Justice, John Marshall:

"An entirety of life adorned with consistent principles filled up in the discharge of virtuous duty, with nothing to regret, nothing to conceal, no friendship broken, no confidence betrayed, no timid surrenders to popular clamour, no eager reaches for popular favour."

Only hours later, the Convention received the telegram informing of Garvan's death on 20 November 1896. Papers published in Sydney, NSW regions, Queensland, Victoria and South Australia all carried lengthy and detailed obituaries, all with praise and tributes to his character and his life achievements. The Irish MP, John Redmond, just arrived on a visit to Sydney said:

“I should like to express the regret I felt — and I am sure that in saying this I shall be giving expression to the opinion of all Irishmen In Ireland — at hearing of the death of Mr Garvan. In Ireland he was held in very high esteem, and his death, will be universally lamented." [‘The Daily Telegraph’ 30 November 1896 p5]

The Labor Party oriented Broken Hill Press wrote:
“They called him “dismal Jimmy”, a little because of his lugubrious style, more because of his warnings of approaching evil. But when the evil days came, when the colonies shivered under the shock that followed the undue borrowing and the great and prodigal speculating mania, when, in short, Mr Garvan's prophecy of evil was fulfilled, they held their tongues. They did not generously admit that his warnings, so often denounced, had been patriotic, and that we owed to a clearer-visioned man than the most of us a frank apology for a multitude of sneers and vulgar allusions.” [‘Barrier Miner’ (Broken Hill 24 November 1896 p2]

The ‘Newcastle Morning Herald and Miners' Advocate’ 21 November 1896 p 4 wrote
“Death has removed from this community a man who was a good citizen, and one for whom a longer career of usefulness was reasonably expected. In the days when politics generally were much fierier than they now are, Mr Garvan was widely known as an eager critic of the financial statements of the Colonial Treasurers of the day. Mr Garvan, having occupied that position himself, believed it to be his solemn duty to point out the errors and omissions of his successors. And, truth to tell, some of those statements offered a wide and open field to hostile criticism. Those were the days of lavish expenditure, of easy political virtue, and of a state of affairs which, it is hoped, will never recur in this country.”

The ‘Maitland Daily Mercury’ 23 November 1896 p 6 wrote:
“All the residents who take, an interest in public affairs unite in regretting the death of Mr J. P. Garvan, who in his comparatively brief career had in different ways proved himself to be a worthy son of New South Wales. The deceased had proved himself to be an able public man and estimable citizen, who unflinchingly maintained his own views while always respecting those of others, and therefore merited and won the respect of all classes. The advancement of his country and the welfare of his kind influenced him in all his actions, and in the endeavour to attain both objects he worked well. High minded, and consequently the possessor of chivalrous instincts, he was ever respectful to opponents — the being so a phase of politeness extremely rare in these days of party littleness and bickering. A man of rigid integrity, he was one of the financial pillars of the credit of the city in which he dwelt, as his name was synonymous with probity. He also took foremost rank as a moral guide, having been unceasing in his efforts to show the wisdom of frugality and the duty of every man making provision for those dependent upon him. Combined with his virtuous qualities was great intellectual ability, strikingly indicated by the wonderful success of the financial institution which he managed. … Australians, will join in paying tribute to the memory of a citizen who possessed noble instincts, who gained respect by merit, whose life was consistent with the principles he professed, who honourably fulfilled his part, and is now 'A good man gone where we all must go.”

The attendance at Garvan's funeral service at St Mary’s Cathedral was huge and seven family mourning carriages and some 80 other vehicles and carriages formed a long cortege winding through the City after the service.

In 1903, Sir Edmund Barton, having by then served as the Commonwealth of Australia’s first Prime Minister, reiterated his admiration for Garvan at a dinner held by the Citizens Life Assurance Company for John Joseph Garvan:

‘[Garvan] was one of my dearest friends in life (hear, hear) and because I always knew in him, under praise or under detraction, a single-minded absolutely honest public man (hear, hear) with the courage of his opinions, and with that clear, white-souled integrity which left him always happy and free in sticking to those opinions even when he found a mountain of strength against him. (Hear, hear). That his opinion on many subjects was correct I am a witness.” [‘The Advertiser’ (Adelaide) 21 March 1903 p9]

[This biographical Person registration was researched and drafted by City of Sydney Archives volunteer Marilyn Mason, 2023]

REFERENCES AND BIBLIOGRAPHY

City of Sydney Archives:
https://archives.cityofsydney.nsw.gov.au/
including: CRS 7 Minutes of City of Sydney Council; CRS 21 Reports of Committees; CRS 22 Reports of the Finance Committee; CRS 26 Letters Received; CRS 27 Letters Sent; CRS 28 Town Clerk’s Correspondence Files; City of Sydney Assessment Books; Sands Directories of Sydney; City of Sydney Aldermen (search by name)
(Many of the records in the above series have item descriptions or are digitised and are available online
Hilary Golder: A Short Electoral History of the Sydney City Council 1842-1992; electronic edition: https://archives.cityofsydney.nsw.gov.au/nodes/view/1900338?keywords=golder&type=all&highlights=WyJnb2xkZXIiXQ==&lsk=56e3a6510bb371405c5415712fea989e

Portraits, drawings, caricatures of Garvan:
MLC Insurance online: https://www.mlcinsurance.com.au/-/media/c64bc3671a484b619db236e53bab9b7f.ashx?w=505&hash=B1216E07EB313541B3F7AFDF7B7B5E7199A74AEA&la=en
The Garvan Institute of Medical Research online:
https://www.garvan.org.au/pdfs/history/garvan-portrait.jpg/@@images/0b226d37-e7fe-4233-90e9-6fa460edd381.jpeg
Australian Star 20 November 1896 p5, line drawing, taken from photograph by J Roarty & Son
Australian Town and Country Journal (Sydney) Saturday 21 April 1883 p17
Australian Town and Country Journal (Sydney) Saturday 3 April 1886 p19
Australian Town and Country Journal (Sydney) Saturday 26 January 1889 p19
Australian Town and Country Journal (Sydney) Saturday 28 November 1896 p20
The Bulletin 31 March 1883, p1, cover, line drawing
The Bulletin 10 May 1890 p12 & p13, cartoons
The Daily Telegraph (Sydney, NSW) Monday 23 November 1896 p5
Sydney Mail and NSW Advertiser Saturday 28 November 1896 p1144
Sydney Punch Saturday 28 July 1888 p3 Caricature/line drawing of Garvan with acrostic

Online resources: People and Events:
Australian Dictionary of Biography online: https://adb.anu.edu.au/
Australian Newspapers and Government Gazettes etc: digitised by the National Library of Australia: https://trove.nla.gov.au/
Dictionary of Sydney online: https://dictionaryofsydney.org/
NSW State Archives and Records: https://mhnsw.au/collections/state-archives-collection/
Northern Rivers Districts NSW: https://www.mullumbimbymuseum.org.au/wp-content/uploads/2019/10/Early-Settlement-of-Tyagarah-and-Ewingsdale.pdf
Parliament of NSW: https://www.parliament.nsw.gov.au/Pages/home.aspx
including: Former members; Hansard and House Papers
World War 1 Service Records: Australian War Memorial and National Archives of Australia: https://www.awm.gov.au/; http://www.naa.gov.au/

Online resources: Family history:
Internet History Resources: New South Wales Family History Document Service: https://www.ihr.com.au/index.html
Including directories; electoral rolls; mining records; land records
NSW Births Deaths Marriages Registry, indexes: https://familyhistory.bdm.nsw.gov.au/lifelink/familyhistory/search?
Online Genealogical Index: https://ogindex.org/
Sydney Grammar School: https://www.sydgram.nsw.edu.au/
Including school archives: https://www.sydgram.nsw.edu.au/community/school-archives/
Transcriptions of NSW Birth, Death or Marriage Registrations by NSW Family History Transcriptions Pty Ltd: https://nswtranscriptions.com.au/pages/about_us.php
Trove: https://trove.nla.gov.au/

Population and census:
http://hccda.ada.edu.au/documents/NSW-1856-census
http://hccda.ada.edu.au/documents/NSW-1861-census
http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/3105.0.65.0012006?OpenDocument
‘The Sydney Morning Herald’, 10 September 1861

Print resources: History of Sydney, NSW Politics:
Margaret Betteridge: ‘Sydney Town Hall: the Building and its Collection’, 2008, Council of the City of Sydney
Brian Dickey: ‘Politics in New South Wales 1856-1900’, 1969, Cassell Australia
Shirley Fitzgerald: ‘Sydney, 1842-1992’; 1992; Hale & Iremonger
Brian Fitzpatrick: ‘A Short History of the Australian Labor Movement’, 2nd edition, 1944, reissued 1968, Macmillan (Australia)
Bryce Fraser (ed): ‘The Macquarie Book of Events’, 1983, Macquarie Library
Hilary Golder: ‘Politics, Patronage and Public Works: The Administration of New South Wales, Volume 1 1842-1900’, 2005, UNSW Press
GN Hawker: ‘The Parliament of New South Wales 1856-1965’, 1971, NSW Government Printer
Keith A Johnson and Malcolm R Sainty, Sydney Burial Ground 1819-1901 (Elizabeth and Devonshire Streets) and History of Sydney’s Early Cemeteries from 1788, 2001, Library of Australian History
Beverley Kingston: ‘A History of New South Wales’, 2006, Cambridge University Press
Greg Patmore: ‘Australian Labour History, 1991’, Longman Cheshire
Bill Tully: ‘The Flaneur: 19th century fun-maker’, ‘Margin: Life and Letters of Early Australia, No 58’, November 2002 [John Ignatius Hunt, columnist in ‘The Freeman’s Journal’, Sydney]
C Turney (ed): ‘Pioneers of Australian Education’, 1969, SUP; Chapter 4, GL Simpson, “Reverend Dr John Woolley and Higher Education” and Chapter 5, RJ Burns and C Turney, ‘AB Weigall’s Headmastership of Sydney Grammar School’
RB Walker: ‘The Newspaper Press in New South Wales 1803-1920’, 1976, SUP

Early Australian Sport: Football, Rowing, Standing Long Jump, Cricket
Various sports:
Australian Newspapers and Government Gazettes etc: digitised by the National Library of Australia: https://trove.nla.gov.au/
JWC Cumes: ‘Their Chastity was not too Rigid: Leisure Times in Early Australia’, 1979, Longman Cheshire, Literature Board of the Australia Council
Cricket:
Cricket NSW: https://www.cricketnsw.com.au/
Craig Cormick: ‘Unwritten Histories’, 1998, Aboriginal Studies Press; chapter: “The Event of the Century” [Lawrence’s Aboriginal Team]
Pictures of Albert Cricket Ground:
City of Sydney Archives: https://archives.cityofsydney.nsw.gov.au/ [search “albert cricket ground”]
http://nla.gov.au/nla.pic-an9599587
Football:
NSW Australian Football History Society Inc: https://www.nswfootballhistory.com.au/first-sydney-game-in-1866/
https://www.nswfootballhistory.com.au/evidence-of-early-football-in-sydney/
Australian Football League: https://www.afl.com.au/about-afl/history
Green and Gold Rugby:
http://www.greenandgoldrugby.com/community/threads/sydney-club-rugby-history.17020/page-3
Google books: https://books.google.com.au; Sports Around the World: History, Culture and Practice, (ed) Nauright & Parrish, ‘Rugby Union Football, Australia’ by Thomas Hickie and Mary Bushby
Vamplew, Moore, O’Hara, Cashman and Jobling (eds), ‘The Oxford Companion to Australian Sport’, 1992, The Australian Society for Sports History with assistance from the Australian Sports Commission, OUP: article, Tom Hickie, “Rugby Union”
Rowing:
Guerin-Foster, ‘History of Australian Rowing’: http://www.rowinghistory-aus.info/
Standing Long Jump:
Wikipedia accessed February 2018; accessed 15 April 2023
https://olympics.com/ioc
https://olympics.com/en/olympic-games/st-louis-1904
GenderMaleSource system IDTPER-001630

Relationships

CollectionPeople and PositionsOrganisationSydney City CouncilPositionCity Auditor [multiple departments]Clerk [City Engineer and City Surveyor's Department I]Related itemsReport of Finance Committee - Salaries of officers for 1865Report of Finance Committee - Salaries of officers for 1866

Registration

Detailed recordNo

Start typing here to find a location	Latitude	Longitude	Zoom	Actions

loading google map....

Save Cancel

Menu

Garvan, James Patrick