Francis Smith (Australian politician)

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Sir Francis Smith
Sir Francis Smith.jpg
4th Premier of Tasmania
In office
12 May 1857 – 1 November 1860
Preceded byWilliam Weston
Succeeded byWilliam Weston
Chief Justice of Tasmania
In office
1870–1885
Preceded bySir Valentine Fleming
Succeeded bySir William Lambert Dobson
Personal details
Born(1819-02-13)13 February 1819
Lindfield, Sussex, England, UK
Died17 January 1909(1909-01-17) (aged 89)
London, England, UK
NationalityEnglish
Spouse(s)Sarah Giles
ProfessionLawyer
Signature

Sir Francis Villeneuve Smith (13 February 1819 – 17 January 1909) was an Australian lawyer, judge and politician, who served as the fourth Premier of Tasmania from 12 May 1857 until 1 November 1860.[1]

Early life: West Indies[]

Smith was born in Port-au-Prince, Haiti.[2] His mother, Marie Josephine Villeneuve (? – 4 December 1893),[3] was of African descent but nothing more is known about her parents.[2][4][5] Smith would acknowledge his mother's ancestry by adopting her surname in 1884.[6]

While his mother was a resident of Port-au-Prince, his father was recorded as ‘Sir (sic) Francis Smith, foreign merchant in this town’. He ‘declared being the natural father of the child…’[2]

Francis Smith senior (5 November 1787– 8 September 1855) was born in Nevis, the son of the ships’ carpenter Francis Smith (? – January 1790)[7] and his common-law wife Amelia Brodbelt (? – May 1817).[8][9] Described as a ‘mulatto’, in March 1765 Amelia Brodbelt had been freed from enslavement by Frances Brodbelt of Nevis.[10] Frances was the unmarried sister of the Nevis planter James Brodbelt who was Amelia Brodbelt’s father.[11] Throughout her life, Amelia was known as a ‘free coloured woman’.[12][13]

Early life: to Tasmania via England[]

By 1821 Francis Smith senior and his family were living at 26 Brunswick Place, Shoreditch, London. Francis was baptised on 24 September 1821 in the local church, St Leonard's. Before May 1824 the family moved to Lindfield, Sussex, where his father bought a farm which he sold prior to leaving for Australia.[14]

The family arrived in Port Jackson, Sydney on 15 November 1828.[15] After a brief stay in Sydney and then Hobart[14] Francis Smith senior bought two large tracts of partially developed land north of Richmond in the Australian colony of Van Diemen’s Land (later called Tasmania) and became a farmer.[2]

Education and career[]

Smith grew up on his father’s estate, ‘Campania' in Tasmania but returned to England to further his education. In 1838 he began studying law at the Middle Temple and arts at University College London, graduating with a BA in 1840. He was called to the Bar on 27 May 1842[16] and in later life was a Bencher of his Inn from 1890 to 1898.[17]

After returning to Tasmania, he was admitted to the Tasmanian Bar in October 1844. He became 'a barrister of some standing 'whose talent and legal knowledge have obtained for him a very large amount of practice'.[6]

In 1851 he became a member of the Tasmanian Legislative Council and soon after became , a role he served until 1854.

He was elected to the Tasmanian House of Assembly in 1856 and served as Attorney-General in William Champ's first ministry from 1 November 1856 until 26 February 1857. When William Weston's ministry (1857) collapsed, he proceeded to form his own with himself as Premier and Attorney-General. He held office for three years until 1860, becoming the first Premier of Tasmania to hold office for more than one year. In 1860 he was appointed to the Supreme Court bench, becoming Chief Justice in 1870. During his time as Chief Justice of the Supreme Court of Tasmania he displayed legal aptitude, producing well-reasoned judgments.

Smith was knighted in 1862.[6]

On ending his distinguished legal and political career, he retired to England where he died on 17 January 1909 in Tunbridge Wells, Kent.[1][6]

Family[]

Smith married Sarah Giles on 26 August 1851.[18] She was born about 1832 in Foxford, County Mayo, Ireland[19] and died on 29 July 1909.[17] She was the only child of the Reverend George Giles of Launceston.[18] They had two sons and two daughters;[5] only one of the sons has been identified:

o Francis George Villeneuve Smith (1854–1941), solicitor, left Tasmania for Sydney in 1883, on 2 July 1885 married Caroline (Lena) Anne Shadforth Stephen, only child of Mr M. H. Stephen, barrister-at-law.[20]

o Kate Villeneuve Smith (c 1856 Tasmania - ?)[19]

o Margaret Villeneuve Smith (c 1861 Tasmania - ?)[19]

Wider family[]

Smith had a number of siblings. The following list is not exhaustive:

  • Emma Smith (born about 1817 Haiti, West Indies, died 20 April 1892 Melbourne, Australia) on 18 April 1843 married Alexander George Dumas[21][22]
  • Amelia Smith (born 11 April 1821, Shoreditch, London, England,[23] died 1 November 1833 Tasmania)
  • James Smith (born 7 November 1822, Shoreditch, London, England, died 5 Dec 1903) on 14 May 1854 married Sophia Louisa Gellibrand, daughter of Joseph Tice Gellibrand[24][23]
  • William Villeneuve Smith (born 24 April 1824 Lindfield, Sussex, England[14] – 17 June 1902 Adelaide, Australia).[25] He was a barrister-at-law of the Middle Temple, London, admitted in 1862. On 24 April 1848 he married Flora D'Oyley Fenton, daughter of Michael Fenton, Speaker of the Tasmanian Assembly.[26] He divorced in 1873[27] and in 1899 married Mary Agnes Ryan, née Dwyer (1843 – 25 August 1901 Adelaide, Australia). He acknowledged Francis Villeneuve ‘Frank’ Smith (1883–1956) as his son in 1899[28]
  • Tobias Smith (after 1824 – January 1829 Sydney, NSW)[29]
  • Rosa Smith (baptised 1 August 1826 Lindfield, Sussex[14] - died January or February 1829 Sydney, NSW)[30]
  • Hester Villeneuve Smith (b. about 1830/31[31] – 18 September 1868) married 7 December 1854 Captain John Bennett Williams, HM 99th Regiment on Foot, widowed by 1861.[32][33][34]
  • Josephine Villeneuve Smith (b. about 1835/36[31] – 5 November 1893) on 31 March 1869 married Yvon Eccles, second son of the late surgeon William Eccles FRCS. She was an amateur composer.[35][36]
  • Marguerite Villeneuve Smith (b. 1837 or 1840-1842[37][31] – unknown) married 9 December 1862 Edmund Russell Roberts, barrister of the Middle Temple, eldest son of Johnson Roberts of Chester[38]

References[]

  1. ^ Jump up to: a b "Parliament of Tasmania - Francis Villeneuve Smith". www.parliament.tas.gov.au. Retrieved 15 May 2021.
  2. ^ Jump up to: a b c d Bennett, JM and Ronald C Solomon Sir Francis Villeneuve Smith: Third Chief Justice of Tasmania (Federation Press, Alexandria, NSW, 2019) p3-4, pp10-11
  3. ^ Ancestry.co.uk England & Wales, Civil Registration Death Index, 1837-1915, London, Vol 1a p151
  4. ^ Bennett and Solomon convincingly dismiss the idea that her father was the French naval officer Pierre Charles Jean Baptiste Silvestre de Villeneuve and were unable to substantiate the claim that she was ‘a daughter of M. Jean Villeneuve’.
  5. ^ Jump up to: a b Marc Brodie ‘Sir Francis Villeneuve Smith’, Oxford Dictionary of National Biography (version 22 September 2005)
  6. ^ Jump up to: a b c d Bennett, JM and FC Green ‘Smith, Sir Francis Villeneuve (1819-1909)', Australian Dictionary of Biography Volume 6 (Melbourne University Press, 1976)
  7. ^ Eastern Caribbean Supreme Court Registry (ECSCRN), Book of Wills 1787-1805 ff128-30
  8. ^ Archive of the Nevis Historical and Conservation Society: St John Baptisms, Marriages, Burials 1729-1825
  9. ^ ECSCRN, Book of Wills 1787-1805 f91 and ff128-30 (Re Francis Smith being the son of Francis Smith and Amelia Brodbelt)
  10. ^ ECSCRN, Book of Wills 1763-1787 fff23-4
  11. ^ ECSCRN, Book of Wills 1763-1787 ff381-93
  12. ^ ECSCRN, CR 1777-1778 f128; Book of Wills 1805-1818 ff404-05
  13. ^ Vere Langford Oliver Caribbeana Vol 3 (Mitchell, Hughes and Clarke, London 1919) p214
  14. ^ Jump up to: a b c d Richard Bryant, ‘Townlands - Francis Smith’, Lindfield History Project Group
  15. ^ Ancestry.co.uk NSW, Australia, Unassisted Immigration Passenger Lists 1826-1922
  16. ^ Register of Admissions to the Middle Temple Vol 2 1782-1909 (Butterworth & Co., 1949) p480 https://drive.google.com/file/d/1GD19MSLSsu3oryaqkoKySYieWYqPiB5y/view accessed 4 June 2021
  17. ^ Jump up to: a b Atchley, Chewton ‘Smith, Sir Francis’ Dictionary of National Biography 1912 Supplement, Volume 3 https://en.wikisource.org/wiki/Dictionary_of_National_Biography,_1912_supplement/Smith,_Francis accessed 4 June 2021
  18. ^ Jump up to: a b The Cornwall Chronicle 30 August 1851 https://trove.nla.gov.au/newspaper/article/65576337 accessed 4 June 2021
  19. ^ Jump up to: a b c https://www.findmypast.co.uk/ Census 1891
  20. ^ Australian Town and Country Journal, Sydney, NSW, 11 July 1885 https://trove.nla.gov.au/newspaper/article/70981076 accessed 4 June 2021
  21. ^ Kilmore Free Press, 5 December 1878 https://trove.nla.gov.au/newspaper/article/65378527 accessed 4 June 2021
  22. ^ The Argus, Melbourne, 22 April 1892https://trove.nla.gov.au/newspaper/article/8413352 accessed 7 June 2021
  23. ^ Jump up to: a b Ancestry.co.uk, Parish Register St Leonard Shoreditch 1822-1823 No 47, p6
  24. ^ The Courier, Hobart, 11 May 1854 https://trove.nla.gov.au/newspaper/article/2247392 accessed 4 June 2021
  25. ^ Evening Journal, Adelaide, 19 June 1902 https://trove.nla.gov.au/newspaper/article/200790244 accessed 4 June 2021
  26. ^ Colonial Times, Hobart, 25 April 1848 https://trove.nla.gov.au/newspaper/article/8762726 accessed 4 June 2021
  27. ^ The Australasian, Melbourne, 10 May 1873 Page 21 'A Remarkable Divorce Case'
  28. ^ John Playford (1988). "Australian Dictionary of Biography: Smith, Francis Villeneuve (1883–1956)". National Centre of Biography, Australian National University. Retrieved 14 June 2018.
  29. ^ The Sydney Gazette and New South Wales Advertiser, 3 February 1829 https://trove.nla.gov.au/newspaper/article/2191748 accessed 4 June 2021
  30. ^ The Sydney Gazette and New South Wales Advertiser, 3 February 1829 https://trove.nla.gov.au/newspaper/article/2191748 accessed 4 June 2021
  31. ^ Jump up to: a b c https://www.findmypast.co.uk/ Census 1861 and others
  32. ^ The Courier, Hobart, 8 December 1843 https://trove.nla.gov.au/newspaper/article/2240577 accessed 4 June 2021
  33. ^ UK National Archives, WO 25/3241/567 https://discovery.nationalarchives.gov.uk/details/r/C13325827 accessed 4 March 2021
  34. ^ Alexandra Times, 10 December 1868 https://trove.nla.gov.au/newspaper/article/59795029 accessed 7 June 2021
  35. ^ The Mercury, Hobart, 11 June 1869 https://trove.nla.gov.au/newspaper/article/8859516 accessed 4 June 2021
  36. ^ Dr Graeme Skinner, A biographical register of colonial Australian personnel, University of Sydney https://www.sydney.edu.au/paradisec/australharmony/register-S-2.php accessed 7 June 2021
  37. ^ Her age varies from census to census.
  38. ^ The Mercury, Hobart, 18 February 1863 https://trove.nla.gov.au/newspaper/article/8815394 accessed 4 June 2021

 

Political offices
Preceded by
William Weston 		Premier of Tasmania
1857–1860 		Succeeded by
William Weston
Legal offices
Preceded by
Sir Valentine Fleming 		Chief Justice of Tasmania
1870-1885 		Succeeded by
Sir William Dobson
Retrieved from ""