James Mackay (New Zealand politician, born 1804)

James Mackay
Member of the New Zealand Parliament for Town of Nelson
In office 1853 – 1855
Personal details
Born	1804 Scotland
Died	29 May 1875 (aged 71) Nelson, New Zealand
Political party	Independent
Relations	James Mackay (son)

James Mackay (1804 – 29 May 1875) was a New Zealand politician. He was a member of the 1st New Zealand Parliament. He is remembered for the incident with Henry Sewell in Parliament in 1854.

Early life

Mackay was born in Scotland in 1804. He came to Nelson on the Slains Castle in January 1845.^[1]

Political career

Parliament of New Zealand
Years	Term	Electorate		Party
1853–1855	1st	Town of Nelson		Independent

In the 1st New Zealand Parliament, the Town of Nelson was a two-member electorate.^[2] On nomination day on 25 July 1853, William Travers and Mackay were the only candidates put forward. They were thus declared elected unopposed.^[3] Mackay served until the end of the first term in 1855, but did not serve in any subsequent Parliaments.^[4]

Sewell overwhelming Mackay, with Fitzherbert (hand covering mouth) looking on

Mackay is noted for his support of the Acting Governor, Robert Wynyard, who argued that it was not possible for Parliament to assume responsibility for governing New Zealand without royal assent. When Parliament disagreed, Wynyard officially prorogued it. Parliament responded by suspending its own standing orders. These orders required that messages from the Governor take precedence over other Parliamentary business.^[5]

With the standing orders overturned, Wynyard's message could remain officially "unopened" while Parliament continued to function. Mackay, part of the minority who supported Wynyard, attempted to bypass this tactic by presenting a copy of The New Zealand Gazette which contained the prorogation order, shouting "you are no House, you are prorogued!". He then attempted to disrupt the business of Parliament until Henry Sewell (later to become New Zealand's first Premier) and another MP attempted to manhandle him out of the debating chamber. Mackay managed to escape, and (in the words of a contemporary) "beat an honourable retreat over the rail into the stranger's gallery, waving defiance to his assailants with his trusty umbrella." Mackay was later found guilty of "gross and premeditated contempt of the House".^[5]

Mackay was a member of the Nelson Provincial Council from 1857 to 1861, representing the Town of Nelson electorate.^[6]

Outside politics

The Okarito Memorial Obelisk commemorates three key events of significance to the West Coast: Abel Tasman's sighting of 1642, James Cook's voyage of 1770, and Mackay's purchase of Westland from local Māori in 1850

Mackay represented Lloyds in Nelson. He joined the volunteer forces and had the rank of captain. He farmed in Wakapuaka just north of Nelson until his death. He named his farm Drumduan.^[1][7]

Mackay's first wife was Anne Mackay. She died in 1860, and Mackay married again. He died in 1875, and both he and his first wife are buried at St Andrew's Church in Wakapuaka. The church no longer exists, and the churchyard was designated an historic site by Waimea County Council in 1975.^[7]

Their son, also James Mackay (1831–1912), was active in land purchase negotiations with Māori.^[8][9]

Notes

1. Cyclopedia Company Limited 1906, p. 32.
2. Scholefield 1950, p. 161.
3. "Election Intelligence". Nelson Examiner and New Zealand Chronicle. XII (595). 30 July 1853. p. 2. Retrieved 16 February 2011.
4. Scholefield 1950, p. 123.
5. Wilson & Rankin 1998.
6. Scholefield 1950, p. 213.
7. "St Andrews Church and early Wakapuaka". The Prow. Retrieved 16 February 2011.
8. A. H. McLintock, ed. (22 April 2009) [1966]. "MACKAY, James". An Encyclopaedia of New Zealand. Ministry for Culture and Heritage / Te Manatū Taonga. Retrieved 16 February 2011.
9. Evison, Harry C. "James Mackay". Dictionary of New Zealand Biography. Ministry for Culture and Heritage. Retrieved 2 February 2012.

References

• Cyclopedia Company Limited (1906). The Cyclopedia of New Zealand : Nelson, Marlborough & Westland Provincial Districts. Christchurch: Cyclopedia Company Limited. Retrieved 16 February 2011.
• Scholefield, Guy (1950) [First ed. published 1913]. New Zealand Parliamentary Record, 1840–1949 (3rd ed.). Wellington: Govt. Printer.
• Wilson, David; Carol Rankin (1998). Tales of two contempts. Office of the Clerk of the House of Representatives. ISBN 0-477-01812-2.