Andrew Inglis Clark (24 February 1848 – 14 November 1907) was an Australian founding father and co-author of the Australian Constitution; he was also an engineer, barrister, politician, electoral reformer and jurist. He initially qualified as an engineer, but he re-trained as a barrister to effectively fight for social causes which deeply concerned him. After a long political career, mostly spent as Attorney-General and briefly as Opposition Leader, he was appointed a Senior Justice of the Supreme Court of Tasmania. Despite being acknowledged as the leading expert on the Australian Constitution, he was never appointed to the High Court of Australia.
He popularised the Hare-Clark voting system, and introduced it to Tasmania. In addition Clark was a prolific author, though most of his writings were never published, rather they were circulated privately. Clark was also Vice-Chancellor of the University of Tasmania. Throughout his life, Clark was a progressive. He championed the rights of workers to organise through trades unions, universal suffrage (including women's suffrage) and the rights to a fair trial – all issues which today we take for granted, but were so radical in the 1880s that he was described as a 'communist' by the Hobart Mercury.
In one summation, "Clark was an Australian Jefferson, who, like the great American Republican, fought for Australian independence; an autonomous judiciary; a wider franchise and lower property qualifications; fairer electoral boundaries; checks and balances between the judicature, legislature and executive; modern, liberal universities; and a Commonwealth that was federal, independent and based on natural rights." Less favourably, a contemporary, J.B. Walker, privately judged him an "eloquent, impressive, dignified ... doctrinaire politician ... wanting in practical ability".
Yet he also had a rich and warm home life. He is described as "never too busy to mend a toy for a child, and his wife once wrote on hearing of his imminent return from America: 'to celebrate your return I must do something or bust'".
The Australian federal Division of Clark is named after him.
Clark was born in Hobart, Tasmania, the son of a Scottish engineer, Alexander Clark. He was educated at Hobart High School. After leaving school, he was apprenticed to his family's engineering business, becoming a qualified engineer, and finally its business manager. His father had established a highly successful engineering business, based on an iron foundry. The business was also involved with industrial design and construction of flour mills, water mills, coal mines and other substantial undertaking.
He grew to manhood during the 1860s, when the major issue, even in remote Tasmania, was the American Civil War and emancipation. This last issue had an especial resonance in Tasmania where a form of slavery, transportation, had been abolished as recently as 1853. Convicts were still a common sight for years later. As late as 1902, Clark would publicly be moved to tears when discussing slavery. Clark became fascinated by all things American.
In 1872, Clark disappointed his father by leaving to study law, becoming an articled clerk with R. P. Adams. He was called to the bar in 1877.
Clark, as a child attended a Baptist Sabbatical School until 1872 when the chapel was dissolved on a motion put by Clark due to the "lack of discipline and proper order of government in worship." He then joined a Unitarian chapel, which led him into contact with leading American Unitarians, including Moncure Conway and Oliver Wendell Holmes Jr. The friendship formed with the latter would strongly influence his views and the development of the Clarks' draft of the Australian Constitution.
Early in his life, Clark developed a passion for justice and liberty. He joined the Minerva Club where he participated in debate on contemporary social issues. In 1874, he edited its journal Quadrilateral. As a 'young ardent republican', he was also a member of the American Club, where at the 1876 annual dinner, he declared "We have met here tonight in the name of the principles which were proclaimed by the founders of the Anglo-American Republic... and we do so because we believe those principles to be permanently applicable to the politics of the world". He was inspired by Italian Risorgimento, especially by Joseph Mazzini of whom he had a picture in every room. He became a radical, a democrat and a republican.
In 1878 he married Grace Paterson (Ross) Clark, the daughter of local shipbuilder John Ross, with whom he had five sons and two daughters:
Alexander (1879) Marine engineer
Andrew (1882) Justice of the Supreme Court of Tasmania 1928–1953.
Carrel (1888) Clerk of Tasmanian Legislative Council
One of the many mysteries of Clark's private life is the circumstances of his marriage. As the son of a prominent family, and a leading figure of his church who was marrying the daughter of a well-known businessman, his marriage might have been expected to be a major social event. Instead, they slipped away to Melbourne, where they were married in the presence of a few friends.
In 1878, Clark stood for election to the House of Assembly, despite his reputation as an extreme ultra-republican. He was attacked by the Hobart Mercury for "holding such very extreme ultra-republican, if not revolutionary, ideas" that his proper place should be among the 'Communists', and the Launceston Examiner as a "stranger from Hobart". He was elected, unopposed to the electorate of Norfolk Plains. His election was largely due to the influence of Thomas Reibey, a political power broker and a recent Premier.
Clark was the founder of the Southern Tasmania Political Reform Association, whose agenda included manhood suffrage, fixed term parliaments, and electoral reform. While a member of the House of Assembly, Clark was regarded as republican and ultra-progressive. He was one of the few members to legislate as a backbencher and introduce a private members bill. He failed to reform industrial law by amending the Master and Servant Act, but he succeeded with the Criminal Procedure Amendment Act in 1881. He also assisted with reframing the customs tariff.
In the 1882 election, Clark was defeated. He failed when he stood for election in 1884 (East Hobart) and 1886 (South Hobart). In 1887, Clark was re-elected, in a by-election as member for East Hobart. In 1888, he was re-elected as member for South Hobart and remained there until the seat was abolished in 1897. He was then the member for Hobart until he resigned upon his appointment to the Supreme Court in 1898.