THE BILL FOR FRAMING A NEW CONSTITUTION

FOR THE COLONY.

RDITED BY

EDWARD KENNEDY SILVESTER.

SYDNEY:

PRINTED BY THOMAS DANIEL, YORK STREET, AND SOLD BY

ALL BOOKSELLERS.

1853.

INTRODUCTION.

In the second Session of the first Representative Legislative Council of New South Wales, it began to be felt by the leading members of the House, that certain grievances existed in the Constitution of the colouy, the redress of which were essential to its political freedom.

Although then there was little apparent chance of the immediate redress of such grievances, a firm, grave, and resolute demand for what the Council considered the rights of the colony commenced.

These grievances naturally divided themselves into two classes: the first class relating to the sale, and disposal otherwise, of waste lands of the colony, and the control and distribution of the revenue arising therefrom; and the second, to those restrictions on constitutional freedom, enjoyed by the subjects at home, but denied to the colonists.

T'he work of reform, for both these classes of grievances, commenced almost simultaneously; and accordingly, on the 3rd of May, 1844, Mr. Cowper, member for the metropolitan county of Cumberland, moved, “That a Select Committee be appointed to inquire into, and report upon, • all grievances connected with the lands of the territory; and that it be an instruction to the Committee to distinguish between the grievances which can be redressed in the colony, and those which cannot.

The motion having been carried, a Committee was appointed, consisting of Charles . Nicholson, William Bradley, Robert Lowe, George Phelps Robinson, Major Wentworth, and Richard Windeyer; which brought up an elaborate report, in which the following recommendations are made as to the land grievances existing, which could not be redressed in the colony.

The Committee recommended, first, the total and immediate repeal of the 5th and 6th Victoria; being an act to regulate the sale of Crown lands, and fixing the minimum price of all Crown lands at one pound sterling per acre. Second, the repeal of that part of the 29th section of 5th and 6th Victoria, cap. 76, which excludes the Council from interfering in any manner with the sale or other appropriation of the lands belonging to the Crown, within the said colony, or with the revenues thence arising. Third, the investiture in the Governor and Legislative Council of the colony with the management of Crown lands, and the revenue arising therefrom, by an act of the Imperial Parliament.

On Friday, the 21st of June, 1844, Mr. W. C. Wentworth, senior member for the City, moved, “That a Select Committee, consisting of ten menbers, be appointed to inquire into, and report upon, all grievances