Saturday, November 13, 2021

A H MACARTHUR

A H Macarthur
Source: MyHeritage

Emmeline Helen Macarthur, nee Allan, ca. 1860
Source: Photographer Freeman Brothers

Arthur Hannibal Macarthur was born on 16th March 1830 at The Vineyard, Paramatta, NSW. He was the fourth son of Hannibal Macarthur and Anna King. He was christened on 26th August 1830 in St John's Church of England (Anglican Church), Parramatta.

Arthur married Emmeline Allan on 10th August 1859 in St John’s Church of England (Anglican Church), Darlinghurst, NSW.

Sidenote: Emmeline's uncle, Nicholas Paget Bayly bought a 14,000-acre (5667 ha) property at Mudgee later known as Havilah, in 1840.

In January 1871 Arthur was appointed to be a police magistrate and clerk of petty sessions at Gulgong. Two months later he was dead. He is buried in St John's Cemetery, Parramatta.
Source: Wikitree

[See Gulgong Guardian 1871 for reports of Macarthur's work and untimely death].

NEWS ITEMS

1871 - GULGONG.
An order has been made by the Governor and Executive Council, dated 18th January ultimo, empowering Arthur Hannibal Macarthur, Police Magistrate, Gulgong, to exercise at Gulgong, within the police district of Mudgee, the special powers authorised to be given to Police Magistrates by the 2nd clause of the Clerks of Petty Sessions Act of 1857, for a period of two years from the date of the said order in Council.

1871 - [COURT]
Court of petty sessions will be held temporarily in a temporary court room in Selff’s Hotel. Monday & Thursday at 10.00am. A.H. Macarthur, CPS, Police Office, Gulgong.
Source: Gulgong Guardian, Issue No 1, 18 February 1871

1871 - REGISTERED CLAIMS.
There a is a great difference of opinion existing on the goldfield as to the value and efficiency of the certificate of registration issued by the late mining registrar, under the instructions of Mr Commissioner Johnson, by which the holders of these certificates fancy they have obtained a right to mark of the first block on a frontage claim when the holders of it block off. Several disputes have already arisen under these regulations, and it has been deemed by the Commissioner (Mr Macarthur) necessary to issue a notice regarding the value of these registrations, which will be found in our advertising columns. By Visa notice, it will be seen that Commissioner Macarthur deems these registrations illegal, which there can be no doubt about; but with a desire to prevent litigation he has very sensibly, we think, placed certain restrictions as to the hours between which frontage claims can be blocked off, and also clearly defined the position of the holders of what has been aptly called "certificate of idleness," and thus mitigate the injustice of these half-crown titles.
Of the injustice and stupid illegality of these documents, few doubted, and it is satisfactory to know that the officer-in-charge of this goldfield has determined to adhere strictly to the regulations in deciding disputes, and not to follow the reckless example of that eccentric genius of the West, whose pitiable ignorance of the code of regulations has existed to hatch, has been so productive of litigation, ill feeling, and positive injustice to the miner. We commend the notice issued by Mr Macarthur to the attention of all, so that they will know the true position of this new order of Blockers, and profited there-by.
Source: Gulgong Guardian, Issue No 1, 18 February 1871

1871 - MINING REGISTRAR
During the past week, Sergeant O'Donnell, who has acted as Mining Registrar since his arrival on the goldfield in July last, handed over the records, books, and papers of the office to Mr Macarthur, who is now ex officio Mining Register, and to all applications must in future be made for the manifold privileges that a conferred under the existing regulations for the orthodox half a crown. Sergeant O'Donnell will not, we suppose, regret losing an appointment that entailed so much labour and responsibility for so moderate a remuneration, and as he has had the cream of the income, we do not suppose that the new Registrar hankers after the emoluments either. We intend at an early date to have a "good in" at the present system of registration, and show its utter uselessness as a protection to the miner in the occupation of his claim, and its defects as a statistical record of gold mining.
Source: Gulgong Guardian, Issue No 1, 18 February 1871

1871 - TRI-WEEKLY MAIL.
As a result of the memorial recently sent to the Postmaster General requesting increased postal communications, and supported by Mr. Macarthur P.M. on his arrival here, tenders have been called for a direct mail service from Mudgee to Gulgong once a week, between, and additional to, the present bi-weekly mail days via Guntawang.
If a progress committee of a dozen of our active citizens were formed, many other benefits may be gained for the town.
Source: Gulgong Guardian, Issue No 1, 18 February 1871

1871 - SURVEY OF TOWN ALLOTMENTS
We have been informed that Mr. Sharpe, the Government Surveyor at Bathurst, will be here in a few days to prepare the town allotments for sale. Mr. Macarthur, in order to prevent disputes, has kindly laid off roughly the position of the various streets, north of Queen Street, thus smoothing the way for the surveyor.
The promptness of the Government in so soon alleviating the town lots is somewhat unusual.
Source: Gulgong Guardian, Issue No 1, 18 February 1871

1871 - Notice
The Gold Commissioner’s Office will be open from 9am to 1pm and from 2pm to 4pm, after which no office business will be transacted. The Gold Commissioner will be in attendance daily during the hours stated, except when engaged on Police Office or Field Duty, and it is requested that registrations, so far as possible, be made between the above hours.
A. H. Macarthur, P.M. Gulgong, 16.2.1871
Source: Gulgong Guardian, Issue No 1, 18 February 1871

1871 - [EDITORIAL]
... Until the arrival of Mr. Macarthur, this goldfield was without a resident magistrate; and as the Act requires the presence of two or more justices to hear an appeal, it follows that all appeals have to be heard in Mudgee, it being the only place where justices are sufficiently nu-merous and desirous of discharging their magisterial duties effectively.
Source: Gulgong Guardian, Issue No 2, 25 February 1871

1871 - Mail
A communication to the Postmaster General, backed by Mr. Macarthur, has led to the calling of tenders for a mail direct from Mudgee, once a week, between the bi-weekly day via Guntawang. We are strongly of the opinion that a closed bag should be made up at Mudgee for Gulgong instead of the present practice of all Gulgong letters being manipulated at the Guntawang office.
Source: Gulgong Guardian, Issue No 2, 25 February 1871

1871 - POLICE COURT
Before G. Warburton P.M. and H. Tebutt, T.Cadell, J.P.s
Mining Trespass – Brady & Others v O’Meally & others, appeal heard by Mr. Macarthur PM, on February 17th, on eastern boundary No1 N, Black Lead.
Source: Gulgong Guardian, Issue No 3, 4 March 1871

1871 - Surveying Town Lots 
Mr. Sharpe, Government Surveyor, is busy laying of the town and defining their boundaries. The new streets laid off by Mr. Macarthur are being rapidly built on.
Source: Gulgong Guardian, Issue No 3, 4 March 1871

1871 - [EDITORIAL]
We know that Mr. Macarthur has had a legacy left him by his predecessors in the management of this goldfield, which places him at a serious disadvantage, as he had to check many irregularities, and dissipate many misconceptions of the regulations that have become to be looked upon as part of the code, simply because there has been no judicial administrator of them resident on the goldfield until he came. He is anxious to perform his onerous duties without fear or favour, and so to administer the defective laws relating to mining, as will be just to all parties concerned. So far he has succeeded creditably and well in the discharge of his difficult task.
Source: Gulgong Guardian, Issue No 3, 4 March 1871

1871 - A. H. Macarthur, Esq., P.M.
We are extremely sorry to hear that this gentleman, who for some time past has been most active in his duties as Police Magistrate and Gold Commissioner at Gulgong, is now lying in a dangerous state at Gulgong, from congestion of the brain, brought on through overwork. It appears that on Sunday last Mr. Macarthur, who had complained of severe pains in the head, went to the Church to conduct the morning services; before these were finished, he became so seriously ill that he had to be taken home. Dr. Bowling was immediately sent for, from Mudgee, who, on his arrival, found Mr. Macarthur insensible. Every remedy was resorted to which skill and attention could suggest, but up to a late hour on Monday we learn that the patient was still insensible, and that but little hope was entertained of his recovery. We sincerely hope these worst fears will not be realised, as, taking only a public view of the matter, his loss would be severely felt by the whole community, especially that portion employed on the gold-field of Gulgong, who placed the utmost faith in him, and were unanimous in their belief in the justice of his decisions. 
[We stop the press to state that Mr. Macarthur died at four o'clock yesterday afternoon]
Source: The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 - 1893) Sat 11 Mar 1871 Page 6

1871 - DEATHS.
On the 6th instant, at Gulgong, from bursting of a blood vessel, Arthur Hannibal Macarthur, Esq., P.M., aged 41.
Source: Empire (Sydney, NSW : 1850 - 1875) Tue 7 Mar 1871 Page 1

1871 - DEATH
On the 6th instant, at Gulgong, suddenly from effusion of the brain brought on by excessive work, ARTHUR HANNIBAL MACARTHUR, Esq., P. M., in his 41st year.
Source: The Sydney Morning Herald (NSW : 1842 - 1954) Fri 10 Mar 1871 Page 1

1871 - [DEATH]

The lamented death of Mr. Macarthur is we think a fitting opportunity to point out the absolute necessity there is for separating the office of Gold Commissioner from that of Mining Registrar, for on this goldfield, the union has been productive of sad results. We are aware that these offices are not generally by the same officer, hence the greater surprise that on this, one of the most populous goldfields in the colony, they should have been united. Mr. Macarthur was sent up here, without books, without forms, with no office accommodation provided, no clerk or assistant of any description. He was expected to act as Police Magistrate, Clerk of Petty Sessions, Gold Commissioner and Mining Registrar, and any person at all conversant with the work of such offices on a goldfield knows that it was physically impossible for anyone man to consciously discharge the duties of them. It was doubtless on the plea of retrenchment that this plurality of appointments was vested in Mr. Macarthur. He, like a zealous public servant that he was, tried to perform the duties attached to them, and the effort cost him his life; for there cannot be a doubt, that he died through overwork and anxiety. It was not retrenchment but misgovernment when one man is expected to do the work of two, of where the administration of the laws is imperfect, through the utter inability of the officer entrusted with the administration of them, to find time to perform his duties faithfully and conscientiously.

We hardly say that the system of registration now in force, and by authority of existing code of mining regulations, is condemned by all connected with the mining interests. The system is a humbug, the protection offered a sham. The fees are exorbitant, and the mode of carrying out the system most slovenly, who the author of it is, is not generally known. Further he must have been utterly ignorant of the practical working of any system of mining regulation.

The object of the registration of claims is to have a faithful record of the title of the several classes of claims required to be registered so as to prevent litigation and fraud, and to protect those who invest capital in mining ventures from the dishonesty of shareholders. Does the present system of registration affect these? We say it does not. The registration books are slovenly kept being full of erasures, errors, and blots, and it is utterly impossible without many hours of arduous labour to trace the title of any claim or even a share. Instead of having the 'Registrar Book of Claims' so ruled that the title of a claim and share therein could be traced at a glance, 'this book' has first to be examined from the beginning - there being no index - to find out if such a claim exists. Having found this, the 'Transfer Book' has to be examined from the beginning to find out if any share in the claim has been transferred. If it has been transferred twice or three times the labour of finding out the transferees can be easily imagined. When a claim is registered, there is no printed registration ticket issued, either to each shareholder or for posting on the claim for the protection of the public; but sometimes when claims are held in reserve there is a scrap of paper given which certifies that so and so are the holders of a claim on such a lead; and for this valueless document the fee of from 2/6d. to 5s., with 1s. for eve-ry transfer, has to be paid. This we believe to be gross extortion.

In the regulation there is no clear definition of authority to levy these fees, by this we mean such a definition that miners of ordinary intelligence can understand. We take the registration of frontage claims to illustrate our meaning. In the Schedule A attached to the Code of Regulations of September 1869, is the fee 'Registration of Frontage Claims for any Number of Persons not Exceeding Four, and Certificate 2/6d. In February 1870 the Regulation (No. 95) limiting the number of men in the frontage claim to four was re-pealed, and six substituted; but the above schedule of fees was not altered so as to include the six; hence it is that 5s. is now charged instead of 2/6d. for registering a frontage claim. Then, in the whole of the regulations governing the frontage system there is not one that clearly indicates when a frontage claim is to be registered. No. 89 states the baseline shall be registered within four days after it is laid down by the Commissioner, but that cannot without a provision of the language be taken to mean that the claims are to be registered. Regulation No. 5 of September 1870 states that the frontage system shall be deemed to be in operation when the depth of sinking shall exceed 60 ft.; and if frontage claims are to be registered, it is quite within the scope of the powers of a commissioner - in the absence of an explicit regulation - to so construe this regulation as to order that all frontage claims must be registered as soon as the frontage system shall be declared, that is as soon as the ground shall exceed 60 ft. in depth.

Mr. Macarthur considered he was acting wisely in issuing such an order. We know that he acted from an honest conviction he was doing right, and we know that the reckless assertions made as to he being animated solely by a desire to increase the fees he would receive as Mining Registrar were felt keenly by him almost up to the hour he died, and with his dying breath he repudiated the cowardly insult. Gentlemen holding the responsible office of Gold Commissioner should not be degraded by being placed in a position of being charged with corrupt motives in the discharge of their duties. The Mining Registrar does this, as the fees he receives are looked upon, and we hesitate not to say, justly, as extortionate and not justified by the equity of the regulations. These subordinate officials have long had the reputation of being followers of Shylock though we must say that Sgt. O'Donnell, the ex Registrar, is to be considered an exception, and we hope for the sake of the public peace that the offices of Gold Commissioner and Mining Registrar shall in future be kept separate and distinct on this goldfield. 
Source: Gulgong Guardian, Issue No 4, 11 March 1871

1871 - Death of Mr. Macarthur P.M.
It is with great sorrow we record the death of Mr. Arthur Hannibal Macarthur, Police Magistrate, Gold Commissioner for this gold field. This sad event took place on Monday afternoon suddenly. Mr. Macarthur was gazetted to the appointment here on December 21st, but did not arrive until the middle of January. The neglected condition of the administration of the goldfield led to the existence of many difficult and complicated mining disputes, which he was called upon to settle, and to this task he devoted himself with energy and determination.
Day after day he was in the field from sun up to sun down, then working in his office until midnight, this devotion to duty began to tell on him. On Saturday he was on the Black Lead, in fierce sun's rays, settling a very difficult dispute, on his return he felt jaded. On Sunday he read the service at the Church of England in the morning but feeling unwell he shortened the service. Mr. Macarthur was noted as saying ‘I am anxious to settle these disputes, so as to allow the men to go on with their work; I am reducing the number, and in a few weeks it will all be in order’. 
Mr. Macarthur was a relative of Sir William Macarthur of Camden and Mr. N.P. Bayly of ‘Havilah’ near Mudgee. He was aged 41 years, leaves a widow and four children residing in Sydney.
Source: Gulgong Guardian, Issue No 4, 11 March 1871

1871 - [PUBLIC MEETING]
Public Meeting was hastily convened in front of the Golden Age Hotel for the best way for showing respect to the late Mr. Macarthur. 600 attended.
Source: Gulgong Guardian, Issue No 4, 11 March 1871

1871 - Town Talk
The town has been dull, very dull this week. Pending the arrival of the late Mr. Macarthur’s successor, official business has been at a stand still, causing considerable inconvenience, and affords striking proof the slovenly style in which goldfields matters are dealt with by the genius – the Minister for Lands.
Source: Gulgong Guardian, Issue No 4, 11 March 1871

1871 - Public Meeting
In order to give effect to Mr. Johnson’s notice, a public meeting of the miners was held in the open air in front of Selff’s hotel, on Tuesday afternoon last. Mr. Sellman was voted into the chair, briefly explaining the object of the meeting. Mr. Lewis proposed and Mr. Reardon seconded.
‘Owing to the notice by Mr. Commissioner Johnson calling for expression of opinion on certain prop-ositions forwarded to the Government, by the late Mr. Macarthur, this meeting is of opinion that a deputa-tion consisting of three persons be appointed.
Source: Gulgong Guardian, Issue No 6, 25 March 1871


1871 - OBITUARY - ARTHUR HANNIBAL MACARTHUR.
This gentleman was the youngest son of the late Hannibal Hawkins Macarthur and grandson of Captain P. G. King, the third Governor of this colony. His lamented death occurred at Gulgong on the 6th instant within a few days of his attaining his 41st year. He had been but recently appointed as Police Magistrate and Gold Commissioner for the new and flourishing gold-field at Gulgong, and had entered on his duties with more than ordinary zeal. Indeed his exertions to bring up the arrears of the district were, humanly speaking, the cause of his death—clerical and mental labour from 5 in the morning to midnight, proved too severe a strain on his system. On the previous Saturday the deceased gentleman was observed to be in more than his usual spirits and good health, and on the following Sunday he performed Divine Service at Gulgong, as was his usual custom. At the conclusion of the service he complained of his head, but was immediately attended by the local medical man, and every attention was paid to him by Mr. Medley, the Inspector of Police. Doctors Rowling and Ramsay being sent for arrived after the sufferer had passed into a state of insensibility, from which he never rallied. His death occurred at 4 p.m. on Monday afternoon. On hearing of Mr Macarthur's illness Mr Nicholas Bayly, accompanied by his wife and daughter, proceeded immediately to Gulgong, but arrived too late to see their relative alive, though in time to perform the last sad offices, and to arrange for the conveyance of the remains to Parramatta. On the melancholy fact becoming known to the residents of Gulgong, a telegram was resolved to be sent to Sydney, a copy of which is subjoined. It is a mark of the high opinion entertained of the deceased, and is strong evidence that under the rough-and-ready breast of the Australian gold miner there exists in high relief those fine and tender feelings which are inseparable from the manlier virtues.

The following is a copy of the telegram referred to:—
"Mudgee, 7th March, 1871. Mr. Decourcy Brown, Gulgong, to Mrs A. H. Macarthur, 164, Alberto-terrace, Sydney. At a large open air public meeting held last evening, the miners deputed me to tender you their respectful sympathy and condolence in your great affliction, which has moved them one and all from its suddenness in removing one so beloved for his gentleness, truth, and honesty in his intercourse with the miners. May God give you strength to bear your trial." 

As a further evidence of the high respect in which the deceased gentleman was held by the population of Gulgong, it is stated that on the funeral procession commencing its long journey it was accompanied for some distance on the road from Gulgong by about fifteen hundred of the miners.

Arthur Hannibal Macarthur, 1830-1871
Source: Austcemindex

1871 - In the Supreme Court of New South Wales. ECCLESIASTICAL JURISDICTION.
In the goods, chattels, credits, and effects of Arthur Hannibal Macarthur, late of Gulgong, in the Colony of New South Wales, Police Magistrate, deceased.
NOTICE is hereby given, that Emineline Helen Macarthur, the widow of the abovenamed deceased, intends, at the expiration of, fourteen days from the publication hereof, to apply to this Honorable Court, in its Ecclesiastical Jurisdiction, that letters of administration of the goods, chattels, credits, and effects of the said deceased may be granted to her as such widow aforesaid.—Dated the 27th day of March, A.D. 1871. NORTON & BARKER, Proctors for the applicant, 59 Elizabeth-street, Sydney.

1871 - [GOLD COMMISSIONER]
Departure of Mr. Johnson – Gold Commissioner.
Mr Johnson, who arrived here upon the death of Mr. Macarthur, left on Wednesday afternoon. The newly appointed Commissioner and PM is Mr T.A. Browne.
Source: Gulgong Guardian, Issue No 11, 29 April 1871