not connected with the lands of the territory; and that it be an instruction to such Committee to distinguish between those grievances which can be redressed in the colony, and those which cannot.' The motion was carried, and a Committee appointed, consisting of W. C. Wentworth, Dr. Lang, William Bradley, Captain Dumaresq, William Lawson, Francis Lord, Sir T. L. Mitchell, W. H. Suttor, Richard Windeyer, and the Attorney-General. The recommendations in the report of the Committee, in respect to the grievances requiring redress from the Crown, or from the Imperial Legislature, were as follows:: First. That the schedules annexed to the 5th & 6th Vic., cap. 76, be repealed, and the whole control of the General Revenue placed in conformity with the provisions of the Declaratory Act, 18 Geo. 3. cap. 12. sec. 1, under the control of the Governor and Legislative Council. Or, if those schedules be persisted in, that the Act 5 & 6 Vic, cap. 76, be amended, so that the whole of the hereditary revenues of the Crown be surrendered as an equivalent for the Civil List, and placed at the disposal of the Local Legislature in like manner as they have been in Canada. Second.-That so much of the same Act, 5 & 6 Vic., cap. 76, as relates to the establishment of District Councils, be repealed. That the grievance connected with the Police, Gaol, and Judical Expenditure be adjusted on the terms prayed for in the Address to Her Majesty, and the Petitions to both Houses of Parliament, prepared by your committee, and recommended to your adoption. Fourth. That an humble Address be presented to Her Majesty, beseeching her Majesty to direct that the Government of this Colony be henceforth conducted on the same principle of responsibility, as to Legislative control, which has been conceded in the Canadas, and that a tribunal for impeachments be established by law. Fifth.—That an Act be introduced to enable persons having claims of any description against the Local Government to sue the Colonial Treasurer, or other public officer, as a nominal defendant, under such limitations as may be necessary to prevent frivolous and vexatious suits. Sixth. That an humble address be presented to Her Majesty, praying that Her Majesty will be graciously pleased to place the Judges of the Supreme Court on the same tenure of office, and security of salary, as belong to the Judges in the Mother Country. and thus effectually prevent the purity of the administration of justice from being hereafter subjected to any suspicions or doubts in the minds of Her Majesty's subjects in these Colonies. These recommendations were embodied in resolutions, which were assented to by the Council, and were forwarded home in addresses to the Queen and both Houses of Parliament. They recieved, however, little attention from the Minister of the day up to the year 1850, when the Act, conferring the present constitution, was passed by the Imperial Parliament, containing a clause empowering the Legislative Council of the colony to make such alterations in the Constitution (subject to the assent of Her Majesty in Council) as might seem meet. On the proclamation in the colony of this Act, the Council was dissolved; but previously to its dissolution, Mr. Wentworth moved petitions to Her Majesty and both Houses of Parliament, which had been prepared by a Select Committee, protesting, insisting, and declaring as follows: "We, the Legislative Council of New South Wales, do accordingly hereby solemnly pro"test, insist, and declare as follows:: 1st-"That the Imperial Parliament has not, nor of right ought to have, any power to tax "the people of this Colony, or to appropriate any of the moneys levied by autho"rity of the Colonial Legislature;-that this power can only be lawfully exercised "by the Colonial Legislature; and that the Imperial Parliament has solemnly "disclaimed this power by the 18 Geo. III., cap. 12, sec. 1, which Act remains unrepealed. 2nd-"That the Revenue arising from the Public Lands, derived, as it is, mainly from "the value imparted to them by the labour and capital of the people of this Colony, is as much their property as the Ordinary Revenue, and ought there""fore to be subject only to the like control and appropriation. 66 6 3rd-"That the Customs and all other Departments should be subject to the direct 4th-"That offices of trust and emolument should be conferred only on the settled inhabitants, the office of Governor alone excepted; that this Officer should be appointed and paid by the Crown; and that the whole patronage of the Colony "should be vested in him and the Executive Council, unfettered by Instructions "from the Minister for the Colonies. 66 6 5th-"That plenary powers of Legislation should be conferred upon, and exercised by, "the Colonial Legislature for the time being; and that no Bills should be "reserved for the signification of Her Majesty's Pleasure, unless they affect the Prerogatives of the Crown, or the general interests of the Empire. 66 6 In the first Session of the new Legislative Council, on the 5th December, 1851, this Petition and Remonstrance was formally adopted in the following terms : "Solemnly protesting against these wrongs, and insisting upon these our undoubted ""rights, we leave the redress of the former, and the assertion of the latter, to the people whom we represent, and the Legislature which shall follow us.'"' 66 6 "That we, the succeeding Legislative Council, do accordingly present, to your Honourable House, our affirmation of the same grievances: all of which, with a slight modification in the patronage of the Customs' Department, by no means commensurate with the rights in the said protest and declaration insisted upon, remain unredressed. "That these grievances having formed the subject of repeated representations and complaints from the former Legislative Council, all of which have met with neglect or disregard "from Her Majesty's Colonial Minister, we owe it to ourselves and our constituents, to denounce "to your Honourable House, as the chief grievance to which the people of this Colony are subjected, the systematic and mischievous interference which is exercised by that Minister even in "matters of purely local concernment. "That whilst we are most anxious to strengthen and perpetuate the connexion which still happily subsists with our Father land, we feel it a solemn duty to our Sovereign and our fellow "Countrymen in the United Kingdom, to warn them that it will be impossible much longer to "maintain the authority of a Local Executive which is obliged, by its Instructions, to refer all "measures of importance, no matter how great the urgency for their immediate adoption, for "the decision of an inexperienced, remote, and irresponsible Department. “That in order, however, that Her Majesty's Confidential Advisers may have no excuse for "the continuance of these abuses, we unhesitatingly declare that we are prepared-upon the "surrender to the Colonial Legislature of the entire management of all our Revenues, Territorial " as well as General, in which we include Mines of every description, and upon the establishment " of a Constitution among us similar in its outline to that of Canada-to assume and provide for "the whole cost of our Internal Government, whether Civil or Military, the salary of the Gover"nor-General only excepted, and to grant to Her Majesty an adequate Civil List, on the same "terms as in Canada, instead of the sums appropriated in the Schedules to the Imperial Act 13 "and 14 Victoria, chap. 59. In the first Session of the New Legislature, this petition and remonstrance was again adopted; and, in forwarding it to the Secretary of State, His Excellency the Govornor-General writes: 2. Your Lordship will observe that the Petition commences by adopting the Declaration and Remonstrance entered on the Minutes of the Proceedings of the late Legislative Council on the eve of being dissolved, a copy of which was transmitted in my Despatch, No. 105, of the 18th June last. It states that the complaints therein referred to, and which have formed the subject of repeated representations from the former Legislative Council, remain unredressed, and it proceeds to declare that, in order to afford no excuse for the continuance of these complaints 66 the Council "are prepared, upon the surrender to the Colonial Legislature of the entire management of all our Revenues, Territorial as well as General, in which we include Mines of every description, and upon the establishment of a Constitution among us similar in its out"lines to that of Canada, to assume and provide for the whole cost of our Internal Government, "whether civil or military, the salary of the Governor-General only excepted, and to grant to "Your Majesty an adequate Civil List on the same terms as in Canada instead of the sums appropriated in the Schedule and the Imperial Act 13 and 14 Victoria, cap. 59;" and in conclusion humbly prays that her Majesty will be graciously pleased to cause such measures to be adopted as may be necessary to give early effect to this proposal. 66 3. I have already in my Despatch, No. 69, of the 12th April, 1850, expressed my opinion on the principal points now submitted for Her Majesty's consideration; but I deem it right to add, that when the motion upon which the petition was adopted was brought before the Council it was carried (after a division which was called for by the Colonial Secretary, on the part of the Government), by a majority of 21 to 8, the minority consisting entirely of the Official Nominee Members, with the exception of one Non-official Nominee Member, Mr. Parker. 4. It is also proper that I should state my conviction that the desire to have a Constitution conferred upon the colony, agreeing in its principles with that applied for in the Petition, is not confined to the Legislative Council alone, or to a party in the colony, but that it is supported by the general opinion of the most loyal, respectable, and influential members of the community. I have reason to believe, however, that neither the Council nor the public are anxious for Responsible Government to the extent that now exists in Canada, as it must be evident to every unbiassed person conversant with the subject, that although there are probably in this Colony more talented and educated gentlemen than are to be found in any one other British Colony, there are not, as yet, a sufficient number in it so independent in their fortunes as to be prepared to hold office under an administration depending upon the precarious tenure of being able to command a majority of the popular branch of the Legislature. In the Session of 1852, a Select Committee was appointed (16th June, 1852) to prepare a Constitution for the colony, pursuant to the powers conferred on this House by the 13th and 14th Victoria, cap. 9; and the draft Bills for this purpose were brought up, and laid on the table of the House. The following is an abstract of their provisions: - The Colonial Legislature to consist of a Legislative Council and Assembly, to be styled, collectively, "The Parliament of New South Wales." The Legislative Council to consist of not less than twenty-one persons, appointed by letters patent under the Great Seal of the Colony. Two-thirds of these appointees shall consist of persons who shall have served in one of the Legislative Councils (as at present constituted) or in the Assembly. Appointments not to be made until after the return of the first writs for members of the Legislative Assembly. If a sufficient number of persons who have served in the Legislative Council or Assembly cannot be found willing to fill these appointments, any others may be appointed. Members of the Legislative Council who have served in the Legislature in its present form, or in the Assembly, to hold office for life. Other members to hold office during Her Majesty's pleasure. President of the Legislative Council to be appointed by the Governor, and to have the right of taking part in the debates. Legislative Assembly to consist of seventy-two members, chosen by the following classes of electors-every natural born or naturalized subject of Her Majesty having a freehold of £100, or a household of £10 per annum, within the district for which he votes, and held for six months before registration; and every person holding within such district a depasture license, or having a leasehold of £10 per annum with not less than three years to run at the time of registration. Provisoes that no man shall vote who shall have been attainted, &c., or unless he shall have served his prescribed term of punishment, or have been pardoned, nor any person who shall have omitted to pay all taxes, &c. chargeable npon him in respect of his freehold or leasehold, &c. Any person qualified to vote may become a member of Assembly, unless specially disquaKified. The disqualified persons are ministers of religion, and those holding offices of profit, &c. under the Crown; an exception, however, being made in favour of naval and military officers, and of those holding the following appointments for the time being:-The Colonial Secretary, Colonial Treasurer, Collector of Customs, Auditor-General, Postmaster - General, AttorneyGeneral, Solicitor-General, Inspector-General of Police, Surveyor-General, and Chief Commissioner of Crown Lands. Assembly to endure for five years, unless sooner dissolved by the Governor.. vii In a despatch, dated 15th October, 1852, in answer to that of His Excellency the Governor-General, Sir John Pakington, then Secretary of State for the Colonies, in a general way concedes the whole of the demands made in the petition and remonstrance; and in a despatch from his successor in office (the Duke of Newcastle), dated January 18th, 1853, is the following passage : One of the first subjects which engaged my attention on being entrusted with the Seals of this Department, was that Petition, and my Predecessor's Despatch of the 15th of last month relative to its contents. Recent, therefore, as has been my accession to office, I am thus in a condition to accompany the acknowledgment of the Despatch now before me with a communication of the deliberate views entertained by Her Majesty's Government on that question which commands so wide a concurrence of opinion throughout the community of New South Wales. I have to state, then, that my colleagues and myself cordially adopt the conclusions of Her Majesty's late Government respecting the future administration of the Waste Lands of the Crown. You inform me that a Committee of the Council is engaged in the preparation of a scheme for the amendment of its constitution. As such a measure is impending, it is only necessary for me now to inform you, that as soon as it has passed the Legislature of the Province, and received the approval of Her Majesty, the disposition of the Waste Lands, and the appropriation of the fund arising out of their sale and management, will be placed without reserve under the supervision and control of the Legislative authority in the Colony. This policy would, of course, be inoperative, without legislation in this country; and it will be necessary to invite Parliament to empower Her Majesty to make the proposed transfer of the functions at present vested in the Crown. I am ignorant of the shape which the project under the consideration of the Committee of the Council may eventually assume. The Legislative Council, indeed, in the Petition before adverted to, favoured a Constitution similar in its outline to that of Canada. It would be premature for me, without materials for forming a judgment, to pass an opinion upon the policy of totally reconstructing the frame of Government recently established; but I may state that I have always thought it probable that the experience and wisdom of the Council would dictate better provisions than Parliament for securing good Government in New South Wales, and promoting harmony in the connexion subsisting between Great Britain and this importan Province of the Empire. In the early part of the Session of 1853, on the motion of Mr. Wentworth, a second Select Committee was appointed, to prepare a Constitution, and the report, and draft Bills brought up by that Committee are subjoined. ERRATA. Page 77, line 38, first column, for natural read national. 42, second column, dele to. 78, 79, 81, 82, 83, 84, 85, 86, 89, 98, 39, 35, first column, for abrogation read abnegation. 51, first column, for that read this. 52, second column, for unmature read immature. 50, first column, for fair read far. 11 and 12, second column, for anticipation read anticipations. 13, second column, insert not after doubt. 45, second column, for declaration read declamation. 50, first column, for allowed read allotted. second column, for any read every. 13 and 14, first column, for deliberating read deliberately. 19, first column, for wise read noisy. 27 and 28, first column, for legislation read legislative. 6, first column, for legislative read legislation. 39, first column, for worst read best. 21, first column, for experiences read experience. |