This splendid and ornate piece was given to Sir Francis Forbes, the first Chief Justice of New South Wales “in token of respect and esteem for his public and private virtues” by “the colonists of New South Wales” in 1839. Before the gold watch there was the silver candelabrum.

Francis Forbes arrived in Sydney in 1824 when he was nearly 50 years old. His wife and three sons came with him. He quickly established a reputation as being fair, principled and hard-working.  He was at the frontier of legal practice – forging new ground for the citizens of New South Wales. In his role, he made many decisions which are still under-pinning our laws today – such as the two described below. 

One of Forbes’ roles as Chief Justice of NSW, was to review all new laws proposed by the Governor to determine if they were “repugnant to the laws of England”. Forbes was an unelected member of the NSW Legislative and Executive Councils. As yet, there was no separation between the executive government and the judiciary.  One of the laws which Forbes refused to ratify was the formation of large land holdings (by the likes of the Macarthur family) as this would lock up land for less well-off settlers. Of course John Macarthur, who was a member of the Legislative Council, did not like this. Nor did he like it when Forbes ruled against him in a civil suit and ordered that he had to pay his neighbour, John Raine, £300 in legal costs. Forbes made himself a powerful enemy in John Macarthur, who wanted to impeach “the dangerous, detestable, unprincipled, immoral, base and artful man” who presided in the Supreme Court.

Ralph Darling, who was the Governor of NSW at the time Macarthur was looking to oust Forbes, was also no friend of John Macarthur. Forbes could have 'buddied up' with Governor Darling and sought his friendship and support, but he refused to let personal affairs get in the way of his job. Darling was not happy with the way he and his government were being portrayed in the newspapers, particularly in The Australian and the Monitor. Darling wanted to pass a law which would require all newspapers to apply to the government for a license and pay a duty of 4d per paper printed.[1] This would then allow him to refuse to grant licenses to newspapers that he didn’t like and it would have pushed up the price of newspapers! Forbes decided that such a law would be “repugnant to the laws of England” and despite intense pressure over the next two years to agree to the bill, Forbes continued to support the freedom of the press.

All of this work and pressure, plus his already poor health took its toll. Even after 12 months sick leave in England, Forbes admitted that his “nerves [were] so shattered as to affect my powers of mind as well as body”. Forbes resigned in 1837, but not before he received a knighthood. He returned to NSW and died in a rented house, “Leitrim Lodge”, in Newtown on 8 November 1841. He was survived by his mother, his wife – Lady Amelia, and their two sons who were studying at Cambridge in England.

Francis Forbes’ granddaughter donated the candelabrum to the Mitchell Library in 1931 and the library is proud to care for it.

[1] CH Currey, 'Forbes, Sir Francis (1784–1841)', Australian Dictionary of Biography, National Centre of Biography, Australian National University, first published in 1966 and David Forbes, Memoir of Sir Francis Forbes, Chief Justice of New South Wales, Sydney: Henry Solomon, 1875, p4

To His Honor Francis Forbes Esquire,

Chief Justice of New South Wales.

& etc.

Sir

Having heard with regret, the announcement of your early Departure from our Shores, -

We whose names are hereunto subscribed, beg on the part of the Public, - in Public Meeting duly assembled, to approach you with the respectful expression of our Sentiments, both as to your Public and Private Character, during the long Period you have resided amongst us.

To you, Sir, the first Chief Justice that was ever appointed to preside in our Courts, was delegated on your arrival, the arduous duty of organizing those Courts so as to render them the means of dispensing Justice to the Inhabitants of this Colony in conformity as far as then lay in your power with the Constitutional Rights of our Fellow Subjects in the Mother Country;- This was the object submitted to your earliest care at a time, when although Chief Justice of the Colony you had no Brother Judges to aid you in your arduous undertaking, and so well did you perform this duty, that you at once raised the Judgment Seat in the estimation of the Colonists to that state of Respect from which it has never on any occasion since been Suffered to descend, - An object of admiration for the Ability with which its difficult and anxious duties have been so efficiently performed, - And of veneration for, and implicit confidence in, the undeviating Purity of its Decisions.

As a Legislator and a Member of the Colonial Government, your character is entitled no less to our unqualified regard, - and more particularly your uncompromising maintenance of the Constitutional Rights of the Colonists as far as their Rights have been hitherto extended to this Colony, - Nothing but the highest moral Triumph and Integrity combined with that Genius and Learning for which you are so eminently distinguished, could have overcome the Opposition and Difficulties which you have had to encounter.  

In Private Life, you have displayed a warm and active Benevolence of Disposition, and an Urbanity of Manners, which had rendered access to you a Pleasure on all occasions where the Welfare and Happiness of your Fellow Citizens have been in any manner concerned.

We Hail you therefore Sir, in your several capacities, - As an Ornament and Honor to the Bench over which you have so long presided;- As an enlightened and Firm Protector of our Rights, and of the Interests of this Colony, during those several Administrations of its Government of which you Sir, have formed so indispensable and efficient a Member – And As Our Friend.

Taking our Leave of you with every wish for your safe arrival in our Mother Country, and for the speedy restoration of your Health, and for your eventual return to end your days amongst us;- We beg to request your acceptance of a Service of Plate to be purchased and presented to you on your arrival in England, bearing on it an inscription which is intended to Perpetuate our Sense of Your distinguished Merit, and also to Commemorate Our Regard.

Sydney 16th April 1836       

We have the Honor to subscribe Ourselves Sir, Your Obedient Humble Servants.

J. Blaxland

G Newman

For and on behalf of the Public meeting and by their vote