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SIR RICHARD BAKER.
? o ?
FIRST PRESIDENT OF THE SENATE.
RETIRED FROM PUBLIC POSITIONS.
HIS LIFE AND WORK.
[By our Special Reporter.]
The name of Sir Richard Chaffey Baker.
K.C.M.G., K.C.. US... is -well known
all over Australia, and has been
stamped indelibly upon the annals of
the Commonwealth; and future genera- j
tions, while learning the story o? the New;
Nation of the South, will hail its possessor
a* one oi the real founders of the Consti
tution.
— Historical.—
Sir Richard's father, the late Hon. i
John Baker, took a prominent part in the
development of the politics of South
Australia. He had emigrated from Somer
setshire in the early years of the nine
teenth century to Tasmania, but the for
mation of the new province en the main
land attracted him. In October. 1S3S, Mr.
Iiiier landed in Adelaide on what was
practically a visit of inspection. That he
was satisfied with the prospects is appa
rent from the fact that he went back to
the 'tight little island,' broke up hi- home,
and brought ?with him his wife (who still
survives) to permanently settle here. Those
were the days, as a writer has put on re
cord, ivhen a mud cottage with one door
and a heavy rent was not to be despised,
and the settler had to chop wood and
groom his own horse, all of which tasks
iell to Mr. Bakers lot. In these surround
ings the first son was born on June 22,
lS4i He was named Richard Chaffey. as
iiis distinguished ancestor had been styled
in the sixteenth century. Educational fa
cilities were limited in South Australia,
and, when the boy grew old enough, he
^vhs sent to the famous Eton School and
afterwards to Cambridge. There be jyadu
ated BJl. in 1361. and M.A. in 1870, and
on the athletic side h«; gained honours as
a fine oarsman. Having decided upon the
law as his profession, he was called to the
- Bar at Lincoln's Inn in June, 1S64, and re
turned home the same year.
— Entry into Public life. —
The yonna lawyer quickly gained his
footing. He started practica in partnership
vith the Lite Mr. Charles Fenn, and after
ihe deith of that gentleman continued on
his own art-ouut uutil the present firm of
Baker & Barlow was established. He was
offered the position of K.C. in 1870. but re
iused on the ground that he was too younj
?nd inexperienced, but later accepted. By
the paHi:- li'r. Raker was regarded also as a
risirg politician who would leave his mark
nron the history of the growing province.
Love of politics was born in him, and at
~2fi years of iige lie was returned to the
Houie of Assembly at the head of the poll
f r the District of Barossa. He was thi
first native-born South Australian to be
elected to the local Parliament. The rari
sp.ctacle was seen of father and sou mem
bers of the sunie Parliament. Still rarer,
irrther and son. in their respective Houses,
on the same day carried votes of want of
confident e in the same Ministry. Prior
to than time (May. 1870) the younger man
bad declined an invitation to take a seat
in the Stranaways Ministry, but on the oc
casion mentioned he became Attorney-Gene-'
rai in the Hart Cabinet, and held the posi
t.on for 14 months, when he resigned in
ordir to assume the management of his
father's affairs. The Hon. John Baker,
after a long and distinguished public career,
was in 1872 laid aside by an illness wliich
proved fatal.
—Career in the Legislative Council. —
The extensive pastoral and other interests
in which his father had been engaged oc
cupied Mr. Baker's attention for two
years, and afterwards he took a trip to
England. While on th» Continent of Eu
rope he represented South Australia at the
Tienna International Exhibition. Upon
Iiii return at the bednning of 1S75 lie was
offered a seat in the Cabinet by the Pr -
mier (Sir Arthur Blyth), but declined it.
lAt the general elections in May of the same
year he stood for his old constituency, but
?tvas rejected— the only defeat he suffered in
the whole of his political career. Two
years later he aspired _ t-i the Legislative
Coun'il. The whole province voted as one
constituency for the Upper- House, and by
iis election he gained the honour of be'ng
the first native-born member of that Charr
fcer. as he had been of the Assembly. In
1S84 the four Council districts were cre
ated. The southern division was eh:sen
by Mr. Baker, and the confidence he phced
in the reople wns returned in full me.i
sure. He sat uninterruptedly until the fe
deration of the Australian colonies became
an accomplished fact, when he moved in 'h?
higher sphere which he had helped to cre
ate. Ministerial work had no particular
charms for him., and it was not until June,
3SS4. that ha accepted an invitation to
assist in the aqrernment of the country.
He became Minister of E-iucation and Lea
fier of the Legislative Council under the
Hen. (subsequently Sir) John Colton.
Twelve years previously, when he lnid down
i e reins of office, his Preaiier (Hon. John
jTiiiLj in an omeiai letter saia: —
'In expressing our entire satisfaction
a.« a Cabinet with the ability and jndg
mcr with which vou have filled the office
of Attorney-General, we are only stating
v:\v\t we feel assured is also the general
opinion of the public.' His colleagues on
the second occasion were Sir John Colton,
S:r Jenkin Coles, and Messrs. Kingston.
Rounsevell. and Playford. The Cabinet
lasted iust 12 months, and after its retire
ment Mr. Baker did not again take upon
himself tlip dntias of administering si Go
vernment department. His weMcstablish
ed reputation a= a constitutional authority
marked him a? the ridhtful sucessor to Sir
Henri- Avers as President of the Legisla
tive Council.
—Federal Work.—
To follow *ir l; it-hard B.-.fcer*s career in
chronological sequence reference must be
made here to a noteworthy event, which
showed the power of the man to grapple
with intricate questions, and evolve order
cut of chaos. While he was Minister of
Education, as well ;-s of Post and Tele
cranlis. in the Colton Government he un
dertook the rearrangement of the mail con
tracts between (Jrcit Britain and the Aus
tralian colonies. At that time the pay
ment of the postal subsidies to the steam
ship companies carrying mail matter
?varied. Separate colonies, or groups of
them, had made di.-=t inc-t arrangements with
the Peninsular and Oriental and the
Orient lines as well as with the mother
country, and even sulwirrangements had
been contrived with Governments not par
tits to the original contracts!. It was a dif
ficult position to fully realize, but the fede
ralizing mind of the Minister saw a way
to harmonize the decentralizing elements.
His colleagues gave him a free hand, and
,-i visit to_ Victoria and Xew South Wales
resulted in the drawing up of what be
came known as 'the Baker Agreement'1
for a joint mail service with an eauitable
division or the postages received at each
end. Although in June. 1S85. the Colten
Government went out of office, the new
Ministry, with the concurrence of the
other colonies, coniinis-sionetr Mr. Baker to
?proceed to England as the accredited re
presentative, of the Australian Govern
ments to c/Lrry on the nesotiations with
flie Imperial authorities. His scheme was
submitted to a searching investigation by
a departmental committee, and. except in
?nnimportant details. w;ls adopted bv the'
Horse of Commons in the recommendation
of the committee. Mr. Baker had the satis
faction, therefore, of seeins in the comple
tion of his work the federation .of the en
tities -of Australia on a matter, which af
fected them all in their costal relations
with the motherland. In recognition of the
success which had attended his mission he
was ;?azetted C.M.G. in 1888. and the offi
cial thanks 'of the various colonial Govern
ments and the British Post OiBee were con
veyed to him.
— President of the Legislative Council. —
Failing health led Sir Henry Avers to
resign his position as President of the Ls
Ki'slatH'e Council, and the choice of the
members fell unanimously upon Mr. Baker.
They acknowledged his fitness in every
way to fulfil the dnties of that high ofike.
His ability, his intimate acquaintance with,
constitutional law, his thorough grasp of
Parliamentary procedure, ? and his long- ex
perience in the Council were all beyond
question; and his elevation, in December,
ISftJ after 17 years of arduous work on
the floor of the Chamber, was the signal
foe congratulations from all sections m
TwKtks. When he had occupied the chair
two vears his sovereign conferred upon bun
the 'title of K-GMXT. and Sir .Richards
name was added to the list of illustrious
Knifhts who have presided over the deli
berations of the Legislative 'Council. The
itefc was.Sir James Hurtle Fisher, the nest
Sir John Morphett. the tmrd Sir William
Mi-lne. and the fourth Sir 'Henry Ayrre.
tit? Eicberd -proved a. Etanch guardian or
the rights of the Upper House, a wise and
tactful guide in the '^debates; he was fair
Ies3 in his decisions, and gracefully digni
fied in commanding the respect due to the ,
President. Upon the accomplishment of I
federation in 1901, he, however, relinquish
ed State politics to enter the National
Parliament. :
— Preliminary to Federal Union.—
It is necessary now to go back a little j
and trace the story of Sir Richard Baker's I
connection with the establishment of the ;
Commonwealth. His father had dreamed i
of such a union, and it is on record that ;
he oftea privately enlarged on the advan- j
tages to Australia from a federation under i
the rule of a member of the lloval /amily. j
Xaturally, therefore, the talented son was j
filled with, the essence of the scheme thus ;
outlined. He brought to bear upon the
(mestion a mind that thought imperiallv.
and was stimulated with national ideas.
Other statesmen worked on the same broad
lines, with the result that public opinion
grew in favour of* concerted action. Sir
R-khard Baker was one of South Austra
lia's representatives at -:he Convention held
at Sydney in 1891. For' that gathering he
prepared ''The Federal Manual,' a valu
able_ exegesis which was of the Tea test
service to the delegates. The Convention ,
drew up a Federal Constitution, based prac
tically upon the Manual, a tribute to the
exposition far higher than mere words. Six
years later the full strength of Australian
statesmanship was applied to the duty of
framing a Federal Constitution, and
the historic sessions o? 1897-8 in Adelaide.
Melbourne, and Sydney succeeded in per
fecting the most democratic Constitution
the world has seen in actual operation. At
the later convention the brightest intel
lects of Australian polities were assem
bled, and by common consent it was agreed
that Sir Kichard Baker was tidily en
dowed with the qualifications necessary to
fill the onerous office of Chairman of Com
mittees.
—A Difficult Task.
All the practical work was done in com
mittee, for the draft of the Constitution
was analysed, amended, and adopted in
a manner similar to the procedure follow
ed in dealing with Parliamentary Bills.
But the arduous character of the task was
increased tenfold. Between May and Au
gust of 1897 the proposed Constitution was
referred to all the Parliaments of the six
colonies, who were invited to suggest
amendments. The result was that in some
cases there were from 8 to 12 suggestions
from the legislative bodies 'in addition to
the alterations indicated by members of
the convention to the one clause! To put
those impartially and fairly was a task of
no little difficulty, and Sir Richard has
himself acknowledged that he could never
have accomplished it had not the conven
tion given him practically unlimited
powers. It was a remarkable testimony
to the manner in which the duties were
performed that not a murmur was heard
concerning the method in which the
amendments wrara put from the Cba;r.
At the dose of the Melbourne sitting Sir
Edmund Barton, the Leader of the Con
vention, in moving a vote of thanks to
Sir Richard Baker, said:— 'The tact and
judgment exhibited by the Chairman
often saved the committee from entangle
ments among those numerous amendments
ivhich -:ny one. however skilled, but with
less skill and judgment than Sir Bichard
Baker, might have allowed the committee
to dn'it into. In that way the convention
was dfeply indebted to Sir Richard Baker.
It might not only be said fairly of him that
lie had lirousht to this labour the skill of
a practised Parliamentarian— not only the
tact of a naturally able man, but that that
skill and that tact had been directed by
a devotion to the cause which had enabled
both to le eserased with spee'al point ar-d
eKect.' Tt has been mentioned asa some
what curious fact that no recognition from
the Crown was made to Sir Richard Baker
for his great services as Vice-President and
Chairman of Committees, and in other ca
pacities at the convention of 1897-S. _ He
was the only one who took a prominent
part in the deliberations whose work was
not acknowredged in this particular way.
In addition to 'The Federal Manual Sir
Richard Baker is the author of several
other works on federation, constitutional
law. and Parliamentary practice.
—First President of the Senate.—
With the close of the nineteenth century
the old independent older of things in
tlie five colonies of Australia and Tas
mania wont out of existence, and over the
threshold of the year 1901 stepped the
Commonwealth. Men intellectually strong
had introduced a new nation amid
the encouraging plaudits of the
whole civilized world. There wa-s
need for careful early training in
order that the course which w:is to be
followed should be marked out with unerr
ing certainty. Fortunately for federated
Australia, most of those who had assisted
at its birth consented to take an active
part in the shaping of its destiny, and
among them was Sir Richard Baker. He
resigned his position as President of the
Legislative Council early in- 1901 to stand
for the Senate. He was always a strong
champion of States' rights, and he aspired to
a seat in the Chamber to which was assign
I ed the duty of guarding them. He was a
i firm advocate of a Senate which, from its
Constitution and powers., would be able
to hold its own against the House of Re
presentatives, believing that that was the
only way in wliich the rights and necessi
ties of 'the States smaller in population
could be upheld and preserved. South
| Australia acknowledged the claim to recog
j nition. and Sir Richard was returned_ third
on the list of six successful candidates.
Further honour awaited him. There were
no standing orders to Ruide the new House
in its election of a President, and it was
agreed that the choice should be by ej-
laufctive ballot, no one to be declared
elected unless he obtained an absolute ma
jority of the votes. At the first cast Sir
Kichnrd Baker was selected by his fellows
to fill the high position of First President
of the Senate. The office is unique among
legislative bodies in the world. I3-- the
Constitution, the President is one of the
six Senators for his State, and is supposed
Iq take an active part in all deliberations,
discussions, and. voting. He has no cast
ing vote, but a deliberative vote only. Bv
the standing orders, he administers all the
business in the Senate in the same manner
as an ordinary Speaker, and it is incum
bent upon him to be absolutely impartial.
To 511 this dual position is by no means
easy. Where party feeling runs high, mem
bers are apt to attribute party motives.
From the first Sir Richard Baker refused
to belong to any party, and his ra-election
as President at the end of three years by a
bigger majority than on the fir?t occasion
was a tribute to his ability. Having
fulfilled the duties fop a second term, he
has now retired from the arena, with the
knowledge that the members of the Senate
are unanimous in their opinion that he has
throughout his occupancy presided with the
strictest impartiality. Only a few davs
ago Sr. Neild, when passing through Ade
laide, remarked: — ''Sir Richard possesses
the very high attribute of being an nccom
clished constitutionalist, and of being able
to guide the course not only of .debate but
of Parliamentary develosment in the best
channels. T think it will be very long
ere the Senate is presided over by a man
such as Sir Richard, whom every member
wa« able to look to with sincere respect
and personal friendship.'
— Establishing Precedents. —
During the six vear= in which Sir
Richard occupied the offiie of President
rr.anv questions of preat importance had to
be decided. No one was more fitted to
undertake the task of establishing prece
dents for the guidance of the new legisla
tive body which reas entrusted in an espe
cial manner with the guardianship of States
rights. The framers of the Constitution
adopted in essence the American Consti
tution, and 'grafted on to it the British
system of executive. Tin's raised many
fresh problems which had to be solved,
particularly with regard to the powers of
the' Senate and the modus vivendi between
the two Houses. In drawing up the- stand-
ing orders they deliberately left out the
provision that where not otherwise provid
ed the practice of the House of Commons
should prevail,' because it' was considered
that, the position was so different from that
of .the British Parliament that they would,
as they went along, make their own prac
tice and' procedure in matters not provid
ed by the standing orders. On Sir Richard
Bakers suggestion it was agreed that the
President every year should present a re
port on his rulings for the immediately
preceding 12 months, discriminating be
tween those rulings and decisions which he
thought should form precedents and those
which, oroing to the hurry of the moment,
ought not to be farther followed. Tlie~e
reports, during the first years of the Se
nate's' existence, form exceedingly u.-eftil
guides for future occupants of the Presiden
tial Chair, and as they grow in bulk will
cover the more ground ami become in
time a. complete reference for Parliamen
tary practice. In this way the retiring Pre
sident has laid the foundation of an in
valuable workr wliich will be regarded as
a standard authority.
? —Reasons for Retirement. —
Sir Richard Baker decided several
?months ago not to offer himself for re
election at the impending federal elections.
He has been a member of Parliament, with
one short interval, since April. 1868, nearly
i 40 years. He is no longer young, and thn
:.wcekly train journey to- Melbourne when
tlie Senate «va? in session was a strain on
his health, which is not mi robust as 'it
was in years sone by. Furthermore, the
trend of legislation at. the present day is
not. from hi: point of view, satisfactory.
\n(] he feels that he would rather beaivay
from the turmoil. He lias a splendid re
cord of service for his native kind, and
though the practice of the ilou»e ol Com
mons mav not be followed in the standing
orders, some of Sir Richard's mends have
suggested that there is one act vvliij.1'
mig'ht have tlie serious consideration oi tlie
Commonwealth. In England when a
Sneaker retires, although he might have no
previous Parliamentary iccord, he recenes
a pension and is made a peer. Any such
thing as this is out of the question in
Australia. Sir Richard Baker is the hr»t
presiding ofiker of the Federal Parliament
to retire, and any action taker, m liib ca-e
will no doubt form a precedent. It is con
fidently expected/ however that some
honour from the Crown will follow N
Richard's' resignation . which wi! \\ take
effect at the end of the present montli.
— \ Representative of Australia.—
Reference has already been made to the
fact that in 1885 Sir Richard Baker pawl
n visit to England as the. Special Comnn.
sioner from Australia to arrange the po^ta
agreement. Eighteen years later y, n n
President of the Senate, he was lm it« I b-
the Federal Government to solely repre
sent the Commonwealtn at the Indian Dui
bar in Delhi. He did so, and was Prwent
ed hv the Viceroy (Lord Curzon) with the
noW'and silver decorations. Only oO oi tlie
onncr were inied. and most of them were
riven to the Indian Princes. The only
other wearer of a gold memento in Aus
tralia is the present Governor-General
(Lord Northcote), who was Governor of
Hombav at the time of the celebrations.
A. few weeks ago Sir Richard attended the
i\ew Zealand Exhibition at. Chnstchurch
an behalf of Australia, and this was really
his last public appearance for the federa
tion.
—Sir Richard 'the First. —
It has been pointed out that Sir Ric
hard Baker holds a urj.-q.ue record in many
ways. He was the first native-born South
Australian to be elected to the House of
Assembly, and also to the Legislative C oun
eil. He was the first native-born South
Australian to be chosen as a Minister of
the Crown, and the first son of a former
member of the Government to be included
in a Ministry. He was the first South Aus
tralian to1 receive honours from his sove
reign when in 1885 he was created C.M.G..
is he was the first native-born also to fill
the presidential chair of the Legislative
L'ouncil of South Australia. Last, but not
least, he was the first President of the
Federal Senate.
—Other Interests —
In other walks of life Sir Bichard Baker
bas proved to be a worthy colonist.
Through his father's estate, and as Chair
nan of the Queensland Mortgage Company,
iie has had a large connection with pasto
ral country, and his work in the develop
ment of South Australian mining, particu
arly the copper mines of Northern 1'orke's
L'eiiinsula, is well known. Sir Richard was
.?let-ted to the board of the amalgamated
\Val!arco and Moonta Mining and Smelt
tug Company at its first general meeting
n June, 1890, and has served as a direc
tor ever since. He has always taken the
liveliest interestjn the company and the
expansion of its branches of production,
rle occupied the position of Chairman of
the committee of the Adelaide Club
for 13 years, ' until his election
to ' the Senate, when he resigned.
At the time funds for the build
ing of the Trades Hall in Adelaide were
being gathered Sir Bichard Baker collected
nearly £700 towards the object. In the
^porting world Sir Richard Baker is regard
ed with deep respect. He has been a great
factor in regulating the amount of racing
in the community, and probablv the gene
ral body of citizens will never fully realize
what aii influence Sir Richard lias exercis
ed in that direction. The Hoil. John lia
ker did much in the early days to pro
mote the interests of the turf, and kept
a big racing stable. At one time
lie had as many as 20 horses
in training. He- bred innny tine
animals, amene them Don Juan, winnet
of the Melbourne Cup. He was one of the
founders of the original South Australian
Jockey Club in 1856. With such an ex
umplc it is not surprising to find that Sir
Kichard Baker is known in racing circles
as 'a crand .sportsman.' He was Chair
man, in su-'cessicn to the la'.eMr. E. M.
Bagot, of the Jockey Club, which raced at
Morphettville. and afterwards went out of
existence. The committee had to meet the
liabilities, and 'each' member was drawn
upon to the extent of over £600. The pre
sent Jcekey Club was formed on Septem
ber 19, 1888. and Sir Richard was appoint
ed its first Chairman. He still holds that
position. His sagacity and tact had much
to do in tiding over the troublous times
wliich beset the club, and bringing it to
its present flourishing condition. He has
been always a strong supporter of the
totalizer, and mainly throi'!.'h his efforts
the Bill legalizing the usa of the machine
ou racecourses was passed bv the Parlia
ment. In his youth Sir Richard was an
ardent oarsman, and distinguished himself
at Cambridge bv winning .twice in trial
eights, twice as head of the river, and by
rowing in the university fours.
— Morialta.—
Tlie new road to Norton's Summit winds
around the face of the hiE which forms the
?southern bank of Fourth Creek, and as the
traveller ascends he has a glorious' view
of rugged bluff scenery not surpassed in the
Mount Lofty Range. Tbis is portion of
the Morialta Estate, the country home ot
the Baker family since about 1846. The
house, which i=; eight miles from Adelaid?,
is a fine f:x;;mjile of an English homo
stead, and was built by the Hon. John
Baker at great expense in the early days
of the colony. Many of the best kinds
of English trees were imported, and to-day
there are magnificent oaks, pines, poplars,
and beeches in profusion. The Morialta
vineyard is one of the oldest in the State,
and winemaking was once carried on there.
The cellars have now been discontinued.
and the grapes are sold. Morialta apples
are well known in the London export
trade. The estate contains about 1.700
acres. It was a favourite spot for
picnics, but Hie liberality extended to the
public .was unfairly used, and unnecessary
damaue was done to the property. There
are three 'picturesque waterfalls, one oi
wliich can be seen from the main road.
Lady Baker is a daughter of the late Mr.
R. B. Colley. first Mayor of Glenelg. after
whom Colley's Reserve at ? Glenelg was
named. The elder son. Mr. J. R.
Baker. LL.D.. has just been elect
ed as Alderman for the City of Ade
laide. He is a member of the legal profes
sion. The younger son, Mr. R. C. Baker,
is engaged with the firm of Elder, Smith,
and Co. Miss Edith Baker is the only
daughter.
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