Kiandra

After the discovery of gold in November 1859 "on the Snowy Plains, situated upon the Australian Alps", there was a rush to the Kiandra diggings in the Snowy Mountains of New South Wales.^[14] In February 1860 Cowper travelled to the Kiandra diggings with goods to sell and to establish a store at the locality.^[15] By April 1860 the post-office at Kiandra was temporarily operating out of Cowper's store on New Chum Hill.^[16][12] By May 1860 Cowper and Goulstone's general store had been established at the diggings, described as "undoubtedly the neatest built house in Kiandra".^[17][18] Cowper became a prominent member of the community at the Kiandra diggings, as a magistrate and leading local agitation to improve roads and postal communication.^[19] At one stage during 1860 the large body of miners at Kiandra were without police protection. Cowper, as magistrate, took charge of the situation and "swore in special constables, maintained order, and decided disputes, and kept things going till a new staff of officers was sent by the Government".^[20][12] In October 1860 the telegraph line from Tumut to Kiandra was opened, with the telegraphic equipment being temporarily placed in Cowper's store.^[21]

Member for The Tumut

In May 1860, Daniel Deniehy was elected in a by-election as the representative for The Tumut electorate after the resignation of the previous member, but at about the same time he was also elected in a by-election for the East Macquarie electorate. Deniehy opted for the East Macquarie seat, so the Tumut electorate remained vacant.^[22] At noon on 1 November 1860, on the verandah of the Tumut Court-house, nominations to represent the Tumut electorate in the New South Wales Legislative Assembly were called for by the local returning-officer. Cowper had earlier arrived from Adelong, accompanied by "a number of gentlemen" from that township and preceded by a brass band playing 'See, the conquering hero comes'. Three candidates were nominated, Cowper, John Egan and Thomas Mate, of which Cowper was the only one present. During the nomination speeches, Cowper was described as "a bustling business man, one who has some stake in the Southern district, and who, to all intents and purposes, may be reckoned one of ourselves". At the conclusion of the speeches, those who had nominated and seconded the two other candidates withdrew their nominations and encouraged support for Cowper. The proceedings concluded with the returning-officer calling for a show of hands for each candidate. No hands were raised for the two absent candidates, so Cowper was declared in the by-election as the member for the Tumut electorate.^[23][24]

Soon after Cowper's appointment as representative of The Tumut electorate, the New South Wales Legislative Assembly was dissolved on the advice of the Colonial Secretary, John Robertson. At the colonial election of December 1860 Cowper was re-elected unopposed for the seat of Tumut.^[25] After the December 1860 election, at the first session of the New South Wales parliament on 10 January 1861, the previous Premier, John Robertson, announced that the position of first Minister of the government would be taken by Charles Cowper (senior).^[26]

A proclamation dated 29 August 1861 and published in the New South Wales Government Gazette declared that the person holding the office of Clerk of the Executive Council was "capable of being elected a Member of the Legislative Assembly".^[27] In late August 1861 Cowper (junior) replaced Edward C. Merewether as Clerk of the Executive Council, a position with a salary of £600 per annum.^[28] With Cowper being the son of the Premier and an elected member of the Legislative Assembly, an article in The Sydney Morning Herald made the point that his appointment rendered the previously apolitical administrative position as political, describing it as "a quasi Ministerial position, although not having charge of any public department".^[29] Cowper's appointment as Clerk to the Executive Council was the subject of newspaper speculation and criticism, some of which included suggestions of nepotism.^[30][31][32] The controversial appointment necessitated a by-election, held in September 1861. On this occasion Daniel Deniehy ran against Cowper for the Tumut electorate, but Cowper was again elected.^[33][34] Despite his senior position within the government, Cowper was not a member of the Cabinet.^[35]

Member for Orange

In October 1863, the Cowper government was defeated in parliament after criticism of the ministry's financial management.^[36][37] After the defeat of the government, James Martin was able to form a ministry which was sworn in by the Governor on October 16.^[38] With the formation of the new ministry, by-elections were required for each of the members of the Legislative Assembly who accepted ministerial positions.^[39] Soon after the writs were issued for the by-elections, Cowper (junior) resigned as representative for the Tumut electorate in order to contest the Orange by-election against Martin (his father's political opponent).^[40] An editorial in The Sydney Morning Herald was critical of the decision, describing the younger Cowper as "the mere mouthpiece of his parent", adding: "He is merely the representative of the firm of Cowper and Son, and not trading on his own account". The writer accused Cowper (senior) of putting his son in an odious position, permitting him "to sacrifice the duty he owed to the constituency for which he was elected, in order that he might disturb the course of that very representative Government of which Mr. Cowper professes to be the warmest admirer".^[41]

On 2 November 1863, at the nominations for the by-election for the seat of Orange, Martin told the assembled voters "I do not regard Mr. Cowper, jun., as my opponent", adding: "He is much too insignificant in every way to be the real opponent, and is merely the catspaw put forward in order to throw impediments in the way of the Ministry".^[42] The poll for the seat of Orange was held on November 4, at which Cowper won by a narrow majority of sixteen votes.^[43][B] Six days after the Orange poll, Martin was nominated as a candidate for The Tumut electorate, which had been vacated by Cowper. A second candidate named C. D. O'Connell was also nominated.^[44] The by-election was held on November 16, with Martin winning the seat by a sizeable majority.^[45]

In early June 1864, it was reported that Cowper had met with a serious accident while travelling to Fort Bourke on the Darling River, resulting in a fractured kneecap. He returned to Orange in an American waggon to obtain medical assistance.^[46]

Member for The Tumut

At the New South Wales colonial election held from late-November 1864 to January 1865, James Martin, the Attorney-General and Premier of New South Wales, was once again defeated by Cowper (junior) in a poll. Cowper went up against Martin for the Tumut electorate. Nominations for the seat of Tumut were called for on 8 December 1864, with both Cowper and Martin put forward as candidates.^[47] The polling was held on 10 December 1864, which Cowper won with 54 percent of the votes.^[48][49] After the election the Cowper faction commanded a majority of members in the Legislative Assembly, with Cowper's father forming his fourth government ministry.^[35] After the election, Cowper (junior) began a pattern of absence from parliament that became the subject of widespread criticism. Later newspaper commentary asserted that he "was returned to Parliament somewhat against his will, and in a fit of overflowing loyalty" to his father.^[50]

Parliamentary absences

Cowper acquired pastoral properties "in a remote part of Queensland, to which he betook himself".^[51][6] He was principally involved in the acquisition of pastoral land in the Warrego district of southern Queensland, but his activities extended from the Warrego to Cooper's Creek.^[52][53][12] On 23 September 1865, an editorial in The Burrangong Argus was critical of the "continued absence" of Cowper "from his place in the Assembly", declaring that "the Tumut electorate has been virtually disenfranchised for the past twelve months".^[54] In December 1865 the Empire newspaper reported that seventy members were present in the Legislative Assembly, the largest number ever assembled. The only absentees were the members for The Tumut and The Gwydir electorates, Charles Cowper (junior) and Thomas G. Dangar.^[55] Cowper had previously been absent for the whole of the previous session of parliament.^[56]

Cowper's absence from parliament continued and in April 1866 it was reported that he had resigned as the representative of the Tumut electorate, "having forwarded his resignation from his bush retreat".^[50] A parliamentary rule stipulated that absence from the Legislative Assembly "for one session without leave vacates the seat of a member". Cowper's resignation arrived on the last day of the parliamentary session, leaving no opportunity prior to the prorogation of Parliament for the Assembly to declare the seat vacant and the Speaker to issue a writ for a by-election.^[57] When parliament resumed on 25 July 1866, the seat held by Cowper (junior) was declared vacant upon the motion of James Martin, "in consequence of the absence of that hon. member for more than twelve months, without leave of the House".^[58][51] The Tumut and Adelong Times published an editorial on the news that the local electorate had been declared vacant. The writer was critical of Cowper and his "apologists", and condemnatory of the electorate "having been virtually disenfranchised for a session", adding: "We might have as well elected his stick or umbrella as himself to represent us".^[59]