The inspiration for this blog post came from a recent enquiry to the Ballarat Research Hub at Eureka about the naming of Cuthberts Road, Alfredton. The enquirer had lived in Ballarat most of their life and was unaware of Sir Henry Cuthbert. I wondered how many other people did not know about him, so decided to write this blog to honour his interesting life and contributions to Ballarat.
Henry Cuthbert was a lawyer and politician and notable Ballarat resident. He was born on 29 July 1829 in Boyle, County Roscommon, Ireland. He was the eldest son of John Cuthbert, a landowner, and his wife Elizabeth, nee Headen. (1)
Cuthbert attended Drogheda Grammar School in County Louth where he won the classical medal, and then went on to university and studied law. In 1846, following his graduation, he took articles with John Julian, Crown Solicitor of Kings County and County Westneath. In 1852 he was admitted as a solicitor of the Court of Exchequer and the court of Common Pleas. (2) In 1854, he left Ireland bound for Melbourne on board the Bloomer with his younger brother, Kingston. His remaining brothers, father and sister would later join him in the Colony of Victoria. (3)
After residing in Melbourne for three months, Cuthbert was admitted to the Supreme Court of Victoria as a solicitor, conveyancer and proctor. In 1855, after practicing his profession for six months in Melbourne, he ventured to Ballarat, originally intending to stay a week, but decided to make it his home. (5) Cuthbert immediately started practicing law in his new hometown. As Blee informs us, “in September of 1855 both The Ballarat Times and The Ballarat Star newspapers carried notices directing clients to Henry Cuthbert’s office beside the Golden Fleece Hotel on the corner of Lydiard and Dana Streets. In fact, he had purchased the Golden Fleece and took a joining office space as his chambers. His brother Kingston was made manager of the hotel even though he was only eighteen.” (6)
Benson points out, “that he was involved in celebrated cases. He won the Learmonth V Bailey dispute over the Egerton mine 1874-77 for the defendants, defended The Great Extended Mining Co. in its triangular suit with the Band of Hope and Kohinoor Mines, and, after the Ballarat Water Co lost its case when sued by the contractors for the Gong Gong Reservoir, he prevailed upon the premier to advance the money to ensure the water works remained Ballarat property.” (7)
Cuthbert had a deep interest in mining and not just in the legal side of it. In 1857, on land in Buninyong owned by the Learmonth brothers, he took up forty acres as a leasehold claim. At that time this was only the second such lease in Victoria as this kind of lease was considered suspect. It did not become secure until 1884 when the Mining on Private Property Act was passed – an initiative of Cuthbert, who at that time was a Member of Parliament. (8)
Cuthbert established the Buninyong Mining Co. and within six months of its formation struck gold at Scotchman Lead, which enabled him to purchase the Learmonth holding for 20,000 pounds. (9) Cuthbert became deeply involved with community interests, other than mining. In 1857 he was largely responsible for the establishment of the Ballarat Gas Company and succeeded in getting the first private bill through Parliament dealing with the lighting of towns with gas outside Melbourne and Geelong. (10)
On 28 September 1860, Cuthbert laid the foundation stone for the Ballarat Mechanics Institute. It was also around this time that Cuthbert built his home, 'Beaufort House' in Alfredton. (11) Cuthbert married Emma Kirby Hepburn, the widow of Thomas, who was the eldest son of Captain Hepburn of Smeaton Park. Cuthbert and Emma would have two sons and a daughter. (12) Prior to marrying, Cuthbert’s companion on social occasions was his sister, Anna Maria. Most of these social events were associated with the philanthropy which thrived in Ballarat at this time due to the wealth resulting from gold mining. (12)
In September 1874, Cuthbert was successful in gaining a seat in the Victorian Parliament for the Southwestern Province in the Legislative Council. After only three years in Parliament, he was appointed Postmaster General in the Berry government. (13) In July 1878, Cuthbert resigned his commission as Postmaster General over the question of Legislative Council reform. In February 1886, he was appointed Minister for Justice in the Gillies-Deakin Ministry, a position he held until November 1890. (14) In recognition of his contribution to parliament, the Legislative Council unanimously selected Cuthbert together with Nicholas Fitzgerald as its two representatives to the Federation Council organized by Sir Henry Parkes, Premier of NSW in Sydney. (15)
In September 1894 Cuthbert was appointed Solicitor General in Sir George Turner’s first ministry. He held this position as well as Leader of the Legislative Council during the five years of the ministry. He remained a member of the Legislative Council until 1907. (16) The Ballarat Star newspaper informs us that in June 1897 Cuthbert was knighted for his service to the community and to the Parliament. Cuthbert said of his investiture, “it was gratifying to him that the honour was acceptable to both the house and his constituents.” (17)
Away from his legal, mining and political interests, Cuthbert was engaged widely in the community of Ballarat. He served several terms as President of the Ballarat Hospital, was Life Governor of the Ballarat Mechanics Institute, honorary solicitor for the School of Mines and the Orphan Asylum, joint proprietor of the Ballarat Times and past master of the Yarrowee Masonic Lodge. (18)
Henry Cuthbert died at his home, “Beaufort House”, in Alfredton on 5 April 1907, aged 77. His wife Emma predeceased him, passing away in August 1877. At the time of his death, his personal estate was worth around 118,000 pounds. (19) He is buried in Ballarat New Cemetery, Area Private D, section 08, grave 29, with his wife Emma. (20)
Simon Jacks
Australiana Research Librarian
Online Resources:
Advertisement for Henry Cuthbert's business
The Ballarat Star, 22 September 1855. P.1
View online: Trove
Article on Henry Cuthbert receiving his knighthood.
The Ballarat Star, 24 June 1897. P.2
View online: Trove
Article on Henry Cuthbert’s Death
The Ballarat Star, 6 April 1907. P.9
View online: Trove
Article on Henry Cuthbert's funeral.
The Ballarat Star, 8 April 1907. P.1
View online: Trove
Footnotes:
(1) M. Martine Benson, Sir Henry Cuthbert, Australian Dictionary of Biography, accessed 7 October 2024
(2) Jill Blee. Cuthberts. A Ballarat Institution. Ballarat Vic. Eureka House. 2006. p.12
(3) Benson.
(4) Ballarat and Vicinity, edited by WB Kimberley, FW Niven & Son, Ballarat, 1894 p.123
(5) Ballarat and Vicinity, p. 124
(6) Blee, p.14
(7) Benson
(8) Benson
(9) Benson
(10) Benson
(11) Blee P.22
(12) Ballarat and Vicinity.
(13) Benson
(14) Ballarat and Vicinity. P.125
(15) Benson
(16) The Ballarat Star 24 June 1897, p. 2
(17) Benson
(18) Benson
(19) The Ballarat Star, 31 August 1907. P.1
(20) Ballarat Cemeteries, accessed 7 October 2024
