A word-processed letter signed by Sir Garfield Barwick, declining a request to sign a copy of David Marr's biography, 'Barwick'
A single sheet of A4 paper, with Barwick's printed personal letterhead, verso blank.
Folded in half for posting; in fine condition.
The letter is dated 26 February 1991, and reads in part: 'I have to acknowledge receipt last week of your undated letter requesting me to autograph a number of items. I am bound to tell you that over what is now a long period of years, I have consistently refused favourably to respond to the very many requests I have received from collectors of autographs and memorabilia. Consequently, I am unwilling to comply with your request, though I quite appreciate your energy in making your collection. In any case, I do not approve of Mr Marr's book which is replete with errors of fact and tendentious assertions'. The salutation, closing, and signature are autograph insertions by Barwick. Offered together with the abovementioned unsigned copy of David Marr's biography (Sydney, George Allen & Unwin, 1980), which Barwick returned to the autograph hunter. Sir Garfield Edward John Barwick (1903-1997), was chief justice of the High Court of Australia, and played a controversial role in the dismissal of the Whitlam government, which in part prompted Marr to publish his highly critical biography. 'In 1975 Barwick met with controversy. His decision, while chief justice, to advise the governor-general, Sir John Kerr, during the parliamentary deadlock of that year would ultimately overshadow his legacies as an advocate or jurist. He consented in November to provide written advice to Kerr on whether the governor-general had the authority to dismiss the Whitlam government on the basis of its failure to secure supply. Barwick's letter also offered commentary on the propriety of Kerr appointing a caretaker government should he choose to dismiss Whitlam. Kerr and Barwick were longstanding friends and both products of Fort Street Boys' High and the Sydney Bar. Barwick considered the matter he was advising on to be non-justiciable, and he saw himself as merely guiding Kerr in a manner akin to offering personal advice, as opposed to advising in his capacity of chief justice. There was historical precedent of judicial intervention in arguably similar circumstances, but open questions arose about the status of any such practice, the correctness of Barwick's advice, and the justiciability of the matter altogether. The chief justice did not conceal his involvement in the events of the dismissal. Barwick advised his judicial colleagues immediately of his letter to the governor-general and consented to Kerr making his correspondence public. He never resiled from his position on the correctness of Kerr's actions, despite the contempt that his conduct attracted from within the political, legal, and academic arenas. Five years after the dismissal, David Marr produced a critical biography of Barwick, damning the chief justice as motivated by ambition and achievement alone. Three years later Barwick published something of a riposte, "Sir John Did His Duty", intended for the "constitutionally uninformed" and to correct "continuing misunderstanding" (Barwick 1995, 282) of the events of 1975' ('Australian Dictionary of Biography'). A quantity of related newspaper and magazine articles relating to Barwick and Marr's biography are also present.
Item #146362
Price (AUD):
$1,000.00