WHITAKER, FREDERICK (1812-91) was born at the Manor House, Bampton, Oxfordshire, on 23 Apr 1812, of an old county family. His father was deputy-lieutenant. Whitaker had a legal education, and in 1839 was admitted to practice as a solicitor and attorney. At the end of that year he sailed for Australia in the Earl Grey (arriving in Sydney on 25 Feb 1840). Sailing for New Zealand on 3 May, he landed at Kaipara from the schooner Hannah Watson, Edwin Mitchelson being a fellow passenger. He returned to Sydney by the City of Delhi in Jun and was admitted an attorney, solicitor and proctor on 15 Jul. After visiting Hobart he returned to Bay of Islands, and again visited Sydney in Oct.

Whitaker commenced to practise law at Kororareka, but followed the government when it moved to Auckland in 1841. Next year he was appointed a Judge of the county court. When this court was abolished (in 1844) he returned to practice, and soon became leading counsel in the little community. He was one of the three first non-official members appointed to the Legislative Council by FitzRoy (Mar 1845), and he resigned with Donnelly and Heale to make way for reforms of the Council (Feb 1846). During the fighting in the north (1845-46) Whitaker strongly urged the arming of the people of Auckland. He served in the militia with the rank of major, and was on garrison duty in Auckland when the natives came as far as the Whau portage and threatened the city. About this time he was interested, in partnership with Heale (q.v.), in an attempt to develop copper-mining at Kawau and the Great Barrier, but without financial success. He paid a visit to England in 1846, and returned to the Colony in 1847. Throughout these years the question of a constitution for the Colony was under discussion, and Whitaker took his part in the controversy. When the elections for the Legislative Council of New Ulster were held (in Sep 1852) he was returned as one of the three members for Auckland City. The Council was not convened owing to the promulgation within a few months of the new constitution. When the various chambers were constituted under this act, Whitaker played a very prominent part. In May 1853 he was nominated a member of the Legislative Council. In Mar 1854 he was appointed by the Superintendent of Auckland (Wynyard) as provincial law officer and member of the executive of the province, and he served in that capacity until Jan 1855. He was not actually a member of the Provincial Council until Oct 1854, when he was elected for Suburbs of Auckland. Within a few months several political opportunities presented themselves to Whitaker's acceptance. In Mar 1855 the superintendency of the province fell vacant owing to the resignation of Wynyard, and Whitaker contested it against William Brown. Brown was elected, but retired before the end of the year. Again Whitaker was in the lists (against Logan Campbell), and again without success. Thus for the time he severed his connection with provincial politics.

Meanwhile he attended the first session of the General Assembly (May-Aug 1854). In the session of 1855 Swainson relinquished the Attorney-generalship and the speakership of the Legislative Council and Whitaker was nominated in his place. He took a strong attitude on the question of responsible government, and when it was brought into force (in May 1856) Whitaker was Attorney-general in Sewell's shortlived first ministry. This, of course, involved his resignation of the speakership. Within a fortnight he was back on the treasury benches as Attorney-general and leader of the Council in Stafford's ministry, which held office for the next five years. Whitaker's legal reputation advanced apace. For 30 years he was the only alternative Attorney-general. When the Government was defeated on its native policy in 1861 he resigned from the Council and entered into partnership with Thomas Russell; and they quickly acquired a flourishing legal practice. In 1863 he was again called in by Domett as Attorney-general, but not in a ministerial capacity. In Oct, however, Domett was defeated, and Whitaker was called upon to form a cabinet in coalition with Fox. Whitaker was Premier and Attorney-general, Fox Treasurer, and Russell Minister of Defence. This was a stormy period in New Zealand history. The Colony was in financial difficulties owing to the extravagance of the provinces, and faced with a Maori war of which none could foresee the limits. Whitaker's measures for dealing with the native question were far-reaching, and the association of Russell with the government was a grave embarrassment. The ministry fell in Nov 1864 owing to differences of opinion with Governor Grey as to the conduct of the war and the confiscation of native lands. Whitaker resigned from the Legislative Council, and was out of office for the next 12 years. He was in Parliament for just over one year, as member for Parnell (1866-67), but his hands were full in his own province.

In Oct 1865 he was elected unopposed as Superintendent of Auckland. Williamson's views on the war made his election impossible, and Whitaker stated that he would come forward only if accepted by all parties, to fight the common enemy and extricate the country from the confusion in which the Weld Government had landed it. The war was going on in six different places. The fight between the provinces and the central government was steadily becoming more intense and Auckland was angry, too, at losing the seat of government. Whitaker demanded a separate civil government for the province, with a lieutenant-governor appointed by the Queen. He seized the opportunity (in Feb 1866) of entering the House of Representatives as member for Parnell (again unopposed), and at once set himself to get the 1856 compact with the provinces rescinded. His private interests suffered by his devotion to public affairs. He had invested heavily in Waikato land and Thames mining enterprises, which were embarrassed. He was also at different times a director of the New Zealand Sugar Co., of the Bank of New Zealand, of the New Zealand and River Plate Mortgage Co., and of the Equitable Life Assurance Co. of New York, and chairman from the beginning of the Auckland Gas Co. Early in 1867 he retired from the superintendency of Auckland and from the House to give his whole attention to his own affairs. This partial withdrawal lasted for about nine years.

When at last (in 1876) he was able to think of re-entering politics he was returned unopposed for the Waikato seat. Towards the end of that year Atkinson came into office and appointed Whitaker his Attorney-general. On the reconstruction of the ministry a week or two later, Whitaker was designated as the minister with precedence, and allowed to remain in Auckland. His land bill was strongly opposed, and eventually withdrawn. The ministry went out of office in Oct 1877. At the general election (1879) Whitaker abandoned Waikato and offered himself at Eden, but was defeated by Tole. When Hall took office in succession to Grey (1879) he wanted Whitaker as Attorney-general, and accordingly had him called again to the Legislative Council, where he acted as leader for the remainder of Hall's term. Once more a native measure (the West Coast settlement bill) brought him into conflict, this time with the Southern Maori member, Taiaroa. When Hall resigned, Whitaker reconstructed the ministry and he held office as Premier until Sep 1883, when he resigned to devote himself once more to his private affairs. This withdrawal from the leadership, which appeared to be final, was marked by the honour of K.C.M.G. being conferred upon the veteran politician (30 Jan 1884). Three years later, however, Atkinson again demanded his assistance, and once more he became Attorney-general and leader of the upper house. The end of that Parliament found him in failing health, and he resigned the leadership of the Council (Dec 1890). He had leave of absence next year, and died on 4 Dec 1891. Gisborne says that Whitaker was not a man of high culture, but he was shrewd, cautious, far-sighted, watchful, and very industrious. He always did the lion's share of the work of a ministry. He was an expert at drawing bills, was a sound and practical speaker, without any particular grace of style. Gisborne considers he was probably the most remarkable man in New Zealand, not because he was most in the foreground but because in the background he exercised great influence on the political affairs of the country. 'He has been the rudder more than the figurehead of the state vessel.' For 40 years he was an appreciable factor in the history of New Zealand; yet he was never prominent in the popular sense, even when he was premier. He has no taste for public performance. He sits in seclusion and invisibly weaves the warp and the woof for public use. In the Whitaker-Fox combination his superior mind dominated that of Fox and led him to adopt measures of wide scope which were alien to his political sentiments, especially in regard to the native question. Whitaker was at one time president of the Auckland law society and a member of the council of Auckland University College. He was the first provincial grandmaster of freemasons under the English Constitution. He married in 1843 Jane Augusta, step-daughter of Alexander Shepherd (q.v.). She died on 3 Sep 1884.

Parltry Record; Auckland P.C. Proc.; N.Z.P.D. pass; Col. Gent.; Cycl. N.Z., ii (p); Gisborne (p); Rusden; Morton; Reeves; Saunders (p); Cox; Southern Cross, 25 Oct 1865; N.Z. Herald, 30 Apr 1881, 9 Jan, 4 Feb 1884, 5 Dec 1891 (p), 8 Dec 1891; N.Z. Graphic, 19 Dec 1891 (p); Evening Post, 28 Jul 1934.

Reference: Volume 2, page 250

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