tf
THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
K^; "'
liif^;^ "-j-'-N-^
r ■ ./^^
\N\V'; '■•; ■
/< V
.jfaS
V^V
THE
CONSTITUTIONAL
HISTORY OF SOUTH AUSTRALIA
FROM THE
FOUNDATION OF THE SETTLEMENT IN 1836
TO THK
INAUGURATION OF RESPONSIBLE GOVERNMENT IN 1857.
BY THE
HONORABLE BOYLE TRAVERS FINNISS, J. P.
LATE COLONIAL SECKETAKY OF THE PB,OVINCE,
AND
FIRST CHIEF SECRETARY
UNDER RESPONSIBLE GOVERNMENT.
N U. — All rights reserved.
^klatbc:
W ('. l;lUUy, I'llil-ISHKI! A.NU BuOKHELLER, 74 KiNG WiLLIAM STKEET
fonbou:
^ilMPKlN. MAKHUALL i: CO, J Staiioneks' Hall Cuiiii
lybu.
BUKDEN & BONTTHON,
?r:nt£ts,
Advertiser, Chronicle, and Express Offices,
KING WILLIAM STREET, ADELAIDE.
•c
PRBPACE.
This volume of the history of Responsible Grovernment in
South Australia is now placed before the public. It is
not written to advertise the resources or advantages of the
Province, and it claims no connection or association with
Government supervision. As a labor of love it has
served to amuse the leisure hours of a few years of a ripe
old age ; since my official relations with the colony were
commenced in 1885, when I was yet in the Military
Service of His Majesty the late King William the Fourth
It appeared to me a duty to the community of South
Australia, in which I have passed half a century, during
which the vigor of my life was laboriously occupied in
the Civil Service of the Grovernment.
Having witnessed or participated in most of the events
which I have attempted to describe during the rule of
eighteen gentlemen who at difFerent times have held tlio
reins of power as Administrators of the Government of
this Province, I have felt it incumbent on me to record
my experiences and memories for reference, if they should
be deemed valuable enough, by the future historian of
Federated Australia — a history which will be written in
the near future, and the author of which will have to seek
his materials in the separate archives of the CoTifederated
States.
G9()552
Preface.
It is presented to the reader in a foi'm and type which
I hope will not try his patience, and will render this
little volume fit for the table of the drawing-room
and the shelv^es of the library of the studious. I now
launch this history of the rise of the Constitution in
South Australia on the ocean of time, dedicated only
to the " Time Spirit," to whose judgment I commit it.
1^. T. FINNISS.
Kent Town, South Austijalia,
Jnmtary 6th, 1886.
mMi
f^$
TABLE OP CONTENTS.
Chaptee I.
Establishment of the colony of South Australia by Act of Parliament,
in the year 183 i, 4th and 5th William IV., c. 95.— First sales
of land — First expedition from England in 1836— Arrival and
installation of the Governor— First newspaper published by Mr.
George Stevenson in 1837 — Rule of Captain Hindmarsh, H.N. —
Capital city selected by Colonel Light, Surveyor-General, and
named " Adelaide " — Delays in the surveys — Disorganisation in
the Civil Service — Cattle and sheep driven down the Eiver
Murray from the back settlements of New South Wales- Conflicts
of the overlanders with the native tribes — Recall of Governor
Hindmarsh— 4cl interim Government of Mr. George Milner Stephen
— Arrival of Colonel Gawler as Governor — Bushrangers from New
South Wales — Expenditure of Colonel Gawler leads to his recall—
His drafts on the British Treasury dishonored — Succeeded by
Captain George Grey — Captain Grey appointed Governor of Now
Zealand— Major Robe, Governor.
Chapter II.
Arrival of Sir Henry Young, Kt., as Governor — Liberal views of the
Governor and of the Government in England— Grievances of the
colonists arising out of the action of the late Governor, Colonel
Robe, with respect to Royalties on Minerals — Sir Heni-y Young
supports the prayer of their petition — Effect of the gold discoveries
in 1851 — District Councils — Exodus of the population to the gold-
fields of Victoria — The Bullion Act and Escort Service operate to
cause the return of the diggers — Depressed condition of South
Australia remedied by the Bullion Act — Proofs of the condition of
South Australia in justification of the Bullior Act— (rold discovered
near Adelaide — An Assay Ofiice and Mint established to coin gold
tokens — The Railway system introduced — The Education Act
No. 20 of 1851 passed— Undenominational religious teaching to bo
paid for Vjy the State — Bishop Short's Pastoral Address — Ho
complains that tho teaching in public schools, if thcistic, is not
Christian.
vi. Table of Contents.
Chapter III.
Continuation of the rule of Sir Henry Young— His voyage up the
Eiver Murray, and the opening of the river navigation to steam-
boats—The Crimean war of 1854— Defensive measures prepared
—Volunteer Military Force Act— Militia Act— Enrolment of
volunteer militia— Review on May 24th, 1855— Cost of the defensive
measures from 1854 to 1867— Death of the Emperor Nicholas
followed by peace— The colony receives a gift of 2,000 rifles from
the Government — 2,000 volunteers enrol for training and dis-
cipline—Review on June 20th, 1860— Lady MacDonnell attends
the review, accompanied by the Bishops of Sydney and Melbourne
—Another review on May 27th, 1863— Colonel Downes, R.A.,
appointed to command the Volunteer Military Force.
Chapter IV.
Continuation of rule of Sir Henry Young — Grievances in the
Colonies owing, as they alleged, to the misappropriation of the
Land Fund — Remarks on the importation of labor at the cost of
the Colonial Government— The effect of the gold discoveries in
1551-2 is to bring the Australian Colonies into importance, and the
difficulties of governing them under the new circumstances leads to
offers of the Imperial Government to grant free institutions to the
colonies, and to second their efforts to frame suitable constitutions
— Quotations from Imperial despatches containing these views —
Public meetings throughout South Australia in favor of an elective
Upper Chamber, instead of one nominated by the Crown, as
proposed.
Chapter V.
Continuation of the rule of Sir H. E. F. Young to its close in December,
1851— Assembling of the Legislative Council on July 21, 1853, to
discuss the Parliament Bill on the basis of two Chambers ; one of
them elective, the second nominated by the Crown on the invitation
of Sir John Pakington, Secretary of State for the Colonies-
Struggle of the Liberal party against nomineeism— Union of the
Conservatives and Liberals to secure Self-government as opposed
to the power of the Crown— The power of the purse placed in
the hands of the people's House, and provision made against the
predominance of the Nominative Chamber — Judges and ministers
of religion disqixalified from sitting in Parliament— The Civil List
submitted to a Special Committee— Their Report differs from the
Schedules of the Government— The Committee propose the payment
of bonuses instead of pensions to officers displaced by the Act—
Table of Contents. vii.
The Government adopt this recommendation — The question
re-opened in 1854 in another session — The Crimean War— Summary
of the most important Legislative Measures of Sir H. E. F. Young
— No despatches from the Colonial Office declaring the views of the
Government on the Parliament Bill— The departure of Sir H. E. F.
Young to assume another Government.
Chapter VI.
Administrature of Acting-Governor the Honorable B. T. Finniss,
Colonial Secretary, from December •20th, 1854, to June 8th, 1855 —
Antecedents of Mr. Finniss previous to his assuming the Govern-
ment of South Australia —Is appointed Assistant Surveyor to Col.
W. Light, first Surveyor-General — Is promoted successively to be
Commissioner of Police and Police Magistrate, Registrar-General,
and Treasurer, and finally Colonial Secretary — As senior member
of the Executive Council he assumes the reins of Government on
the departure of Sir Henry Young — Review of the volunteers on
May 24th, 1855 — News of the Battle of Inkerman, and sympathy
of the colonists of South Australia on behalf of the widows and
orphans of the slain ; forwards £6,000 to the Imperial Government
as the subscription from South Australia to the patriotic fund —
Excessive immigration of females.
Chapter VII.
Arrival and installation of Sir Richard Graves MacDonne'l, C.B., as
Governor-in-Chief- Despatch of Lord .John Russell of May, 3rd,
1855, informing the Governor of the disallowance of the Parliament
BiU and the Civil List Bill of 1853 ; dissolution of the Legislative
Council thereupon— Writs issued for the election of a new Legis-
lative Council to reconsider an amendment of the Constitution—
The Governor publishes in the Gazette a scheme for a Constitution
to consist of one chamber only; endeavors to influence the electors
before the elections in favor of his proposal — His Executive
Council disapprove of the scheme of one chamber- Correspon-
dence between the Governor and the Colonial Secretary on the
subject — The Governor abandons his scheme of one chamber, and
proposes for consideration a Bill to establisli a new Constitution of
two Houses, on the model of that of Tasmania— The Governor
mistrusts the views of his Executive Council on account,
apparently, of the liberal tendencies of some of the members-
End of chapter with remarks.
Chaptek vin.
Government of Sir Richard Graves MacDonnoll continued— Returns
to the writs for a new Legislative Council— Election of Speaker—
viii. Table of Contents.
Notice of motion by Colonial Secretary to increase the Governor's
salary — The Government Estimates referred to a select committee
of the Council — The question of the Governor's salary again
brought before the Legislative Council by elected members —
Quotations from Governor's despatch to Secretary of State
accompanying the Bill showing his resentment— Constitution Bill
proceeded with, and second reading proposed for November 20th —
Mr. Button's and Mr. Kingston's contingent notices of motion — •
Debate on November 20tli— Constitvition Bill passed on January
2nd, 1856 — Eeports of the Estimates Committee — The Estimates
passed and the Legislative Council prorogued on June 19thj 1856.
Chaptee. IX.
Continuation of the rule of Sir Eichard Graves MacDonnell, C.B.,
from the framing of the New Constitution until the close of its
first session— The Governor makes strenuous efforts to maintain
his prerogatives as Governor of a Crown Colony — The old
Legislative Council holds its final session — He passes Acts to
make provision for a monthly mail communication with England ;
for the water supply and drainage of the City— Pushes on railways
— Appoints the first Ministry, consisting of the former official mem-
bers — Endeavors to promote his own policy— His correspondence
with the Chief Secretary— His popular manner gains him friends —
He differs from his Ministers on the Murray Customs question
and on the postal question — Censures his responsible advisers in
despatches ; they protest— The Chief Secretary introduces a Bill
into Parliament to give effect to the new contract with the E. & A.
Mail Company for twelve months — Bill shelved in the Assembly —
Bill for Postal Service ultimately passed under a new Adminis-
tration, by which South Australia became a party to the contract
from November 15th, 1857, for one year, pending negotiations.
Chapter X.
Governor proposes to visit Melbourne to confer with the Governors of
the neighboring colonies — The Ministry do not advise the Governor
to leave the colony in any official capacity — Governor consults the
members of the Cabinet separately — Remonstrance of Chief
Secretary against the system — Governor writes despatches to
Secretary of State xjroposing an increase in the Executive Council
— Ministry object — Chief Secretary writes protesting against
alteration in the Royal Commission, suggested by the Governor,
and in the proposal to increase the numbers of the Executive
Table of Contents. ix.
Council through exercise of the Royal Prerogative — Weakness of
the Ministry through the opposition of tlie Governor and of the
Parliament.
Chapter XL
Continuation of the rule of Sir Richard Graves MacDounell — Completion
of elections and meeting of the first Parliament— List of members
returned in appendix with copy of Constitution Act — Governor's
speech — Mr. John Baker the leader of the Conservatives — Tonnage
Duties Repeal Bill introduced on the first day of business — Passes
aU its stages in the Assembly and is sent to the Legislative Council
— Amendment by the Legislative Council and return of the Bill as
amended — Question of the powers of the two Houses as to Money
Bills arises — Governor interposes in the discussion of the Standing
Orders — Chief Secretary advises that it is a breach of privilege —
Legislative Council address the Governor to obtain the opinion of
the Law Offices of the Crown on the privilege question — Governor
advised that it would be unconstitutional — Defeat of Mr. Finniss's
Ministry — Their resignation — Mr. Waterhouse sent for, but unable
to form a Ministry — Mr. John Baker's Ministry — Governor's
minute on Mr. Finniss's resignation — Mr. Finniss gives his expla-
nation of the proceedings on his tender of resignation — Mr. Baker's
^Ministry resigns ^Mr. R. Yi. Torrens succeeds in forming a new
Ministry — His defeat by a vote of censure and the appointment of
Mr. Hanson's MiuisLry — They settle the privilege question — The
Real Property Act — Close of first session of Parliament.
Chapter XH.
The pi'ivilfge fiuestion -Struggle between the two Houses for the
power of the purse —The Tonnage Duties Repeal Bill amended in
the Legislative Council, and sent down to the Assembly with
amondments^Debates in the Assembly in assertion of their privi-
leges with re-pect to Money Bills— Speeches in both Houses —
Opinions of the President of the Legislative Council and Mr.
Gwynno on the subject — Speech of the Attorney-General iu the
Assembly — Conference requested by the Council, and assented to
in the Assembly.
Chapter XIH.
Proceedings in both Houses of Parliament on the Privilege Question,
from August, IS.")?, to the close of the first session of the first
I'arliament on .lanuary '27tli, 1858 — Conforonco of both 1 louses —
Reasons stated by the Managers at tlic Conference.
Table of OontfnU.
Chapter XIV.
Comparison of Statistical Reports on condition of Colony in 1857 and
1883— Remarks on a Secular system of Education by the State —
Majority of the Colony attained on December 28th, 1857 — Cere-
monial attended by Sir Richard MacDonnell at Glenelg — Proposal
to erect a durable pillar of marble in commemoration of the foun-
dation of South Australia— Conclusion of this Work.
EKRATA.
Page 35, thirteenth line from top, for " seeondry " read " secondary."
Page 44, seventh line from bottom, for "disadvantages" read
"disadvantage."
Page 49, the two first lines should be taken out, being a repetition of
the two last lines of previous page.
Page 52, third line from top, for " operations" read " operation."
Page 53, fifth line from top, for " Mendy " read " Mundy."
Page 57, fourth line from top, for " administerative " read " admini-
strative. ' '
Page 58, seventeenth line from top, for " work " read " works."
Page 132, third line from bottom, for " remaing " read " remains."
Page 141, third line from top, for " corteous " read " courteous."
Page 158, third line from bottom, for " principle " read " principal."
Page 205, seventeenth line from top, for " imperative " read
" inoperative "
Page 213, third line from bottom, for "changed " read " change."
Page 217, seventeenth line from top, for " 1885 " read " 1855."
Page 253, fifth line from top, for " Ornsby " read " Ormsby."
Page 2G0, second line from top, for "eight years" read "three
years."
Page 269, third line from top, for " 1854 " read " 1855."
Page 272, fifteenth line from top, for " Birmingham " read " Bucking-
ham."
Page 275, thirteenth line from top, for "imperative" read " inope-
rative."
Page 280, sixteenth line from top, for " Legislature " read " legisla-
tion."
Page 345, tenth line from top, for " form " read " from."
Page 379, twentieth line from top, for "Government" read
" Governments."
Page 379, second line from bottom, for " insufferable " read
" insuperaVjle."
Page '.M), ninth line from bottom, for " Eirchard " read " Richard."
Page ;i83, eleventh line from bottom, for " consistenly " read " con-
sistently."
Page ;388, second line from top, for " American " read " Crimean."
Page 93, sixteenth line from top, for " imparted " read " imputed. '
Page 445, eighth line from top, for " Bonny " read " Bonney."
Page 481, fifth line from bottom, for " after tlie prorogation " road
" Vjcforo the prorogation."
Pago VJ'2, for " Chapter xiii " read " Chapter .\n."
Page 555, eighth liuo from bottom, for " give " read " given, '
THE CONSTITUTIONAL
HISTORY OF SOUTH AUSTRALIA,
CHAPTER I.
Establishment of the colony of South Australia by Act of Parliament,
in the year 1834, 4th and 5th WiUiam IV., c. 95. — First sales
of land — First expedition from England in 1836— Arrival and
installation of the Governor - First newspaper published by Mr..
George Stevenson in 1837 — Rule of Captain Hindmarsh, R.N. —
Capital city selected by Colonel Light, Surveyor-General, and
named " Adelaide " — Delays in the surveys — Disorganisation in
the Civil Service — Cattle and sheep driven down the River
Murray from the back settlements of New South Wales —Conflicts
of the overlanders with the native tribes — Recall of Governor
Hindmarsh— 4(? interim Government of Mr. George Milner Stephen
— Arrival of Colonel Gawler as Governor — Bushrangers from New
South Wales — Expenditure of Colonel Gawler leads to his recall —
His drafts on the British Treasury dishonored — Succeedei by
Captain George Grey — Captain Grey appointed Governor of New
Zealand— Major Robe, Governor.
rj^HE first settlement of the British province of
-*- South Australia was authorised by an Act of
Parliament passed in the year 1834, 4th and 5th
William IV., c. 95.
This Act provided : That the entire proceeds of the
.sale.s of land in that portion of Australia should be
devoted to transport laborers from the mother country
to the chosen region ; that no convicts should at any
time be sent to this favored colony; and that a
constitution should be granted to the inhabitants as
soon as they ninnbcrod 50,000 souls.
1
The Constitutional History of South Australia.
Commissioners were appointed by the Crown to
manage the land sales and emigration ; they consisted
of:
Colonel Torrens, Chairman.
S. Mills
Jacob Montefiore
George Palmer
T. Wright
George Fife Angas
E. Barnard
W. HUTT
J. G. Lefevre
W. A. MACKINNON, M.P.
G. Barnes, Treasurer Rowland Hill, Secretary
Colonial lands were sold by them in England to the
value of £35,000; and other preliminaries being
■completed, the first expedition set sail from England
in the year 1836. During the first year nine vessels
conveyed the Governor, the Surveyor-General, and
other passengers to the new settlement.
The list of these vessels for which I am indebted to
the South Australian Register of June 3rd, 1858, is as
follows :
iDate of Arrival.
Ship.
By whom sent.
a
o
Eh
Oh
July 27
Duke of York
S. A. Company ...
190
38
Do. 30
Lady M. Pel ham ...
Do.
206
29
August 16
John Pirie
Do.
105
28
Do. 21
Rapid
Commissioners
162
24
September 11 ...
1 Cygnet
Do.
239
84
October 5
Emma
S. A. Company
164
22
November 2
Africaine
Various
316
76
December 16 ...
Tam o' Shauter
0. Giles
360
74
Do. 28 ...
H.M.S. Buffab ...
Commissioners
850
171
546
The Const ihUional History of South Atistralia. 3
The total aiTivals by sea in 1836 were therefore 546
souls, of whom 375 preceded the arrival of the
Governoi', the proclamation of the colony, and the
institution of the laws. Of the 546 arrivals in 1836
105 were independent settlers, the remainder having
been sent out either wholly or partly by the emigra-
tion fund or by private aid.
The Buffalo, containing the Governor and party, in
reality came to anchor off our shores four days prior
to the landing at Gleneig, and to the proclamation of
the colony beneath the " Old Gum Tree." On the
24th of December the royal vessel entered the harbor
of Port Lincoln, the Cygnet then lying at anchor in
that harbor.
To this list of vessels I add in the appendix A the
names of the passengers who, on ai'rival, were enrolled
amongst the Civil Servants in the Service of the
Colonial Government and of the Colonization Com-
missioners.
The earliest authentic account of the first settle-
ment of the Province was published in the South
Australian Gazette and Colonial Register of June
3rd, 1837, and was written by the late Mr. George
Stevenson, who left England in 1836 in the capacity
of Private Secretary to the late Sir John Hindmarsh,
Captain R.N., the first Governor of the new colony.
South Australia, as originally defined, was situated on
the southern part of New Holland, between tlie
meridians of east lonirtitude 134" and 141", bounded
lA
4 The Constitutional History of South Australia.
on the north by the 2Gth parallel of south latitude,
and on the south by the ocean. The name of South
Australia has puzzled writers, who in later times
confounded this Province with the colony of Victoriar
situated on the southern portion of the Island
Continent, and which from its position is more entitled
to the desiejnation of South Australia.
Captain Hindmarsh left England in the Buffalo, a
troopship on the list of the Royal Navy, accompanied
by the principal officers of the settlement, including
Mr. George Stevenson, who was present at the landing,
and consequently saw what he describes. He must
accordingly be reckoned amongst the original pioneers.
Havino- been connected with the London Press he
made arrangements with the proprietor of a printing
press, Mr. Robert Thomas, to start a newspaper in the
Province soon after his arrival. Mr. Stevenson was
eminently fitted for the position of editor and conductor
of the South Australian Gazette and Colonial Register,
the name which he gave to the first newspaper printed
in South Australia. He was a man of great information,
and, it may be added, was possessed of superior intel-
lectual ability. Power of thouofht was written on his
ample forehead ; and a high order of mind could be
traced in his countenance by the physiognomist. He
was of large stature, about six feet four inches tall,
indicating power of body as well as of mind, but
gracious and afiable in his deportment. He wrote an
account of the ceremony attending the first landing
The Constitutional History of South Australia. 5
and from his account I now quote as it appeared re-
printed in the South AyLstrallan Register oi January
5th, 18-58, a paper which had then succeeded the
journal edited by Mr. Stevenson.
"ARRIVAL AND IXSTALLATIOX OF THE GOVERNOR.
" Since the month of March, 183G, vessels had been
continually leaving England for our new colony. The
Rapid, with Colonel Light, the Surveyor-General ; the
Cygnet, Africaine, and Tarn o Shanter, with the rest
of the Surveyors, Mr. Gouger, the Colonial Secretary,
Mr. Brown, the Emigration Agent, and a strong party
of laborers ; the South Australian Company's ships
the Duke of York, Lady Mary Pelham, Emma, and
John Pirie, with the Company's officers, servants, and
stores had all arrived in safety, with the exception of
the Tam o Shanter, which met with an accident at
the mouth of the harbor, the consequence of which,
however, to the ship and cargo have not been so
serious as at first they were expected to be.
" On the morning of December -lUh H.M.S.
Buffalo entered the magnificent harbor of Port
Lincoln, and found the Cygnet at anchor in Spalding
Cove. Captain Lipson, R.N., Naval Officer and
Harbor- Master, came on board with a letter from
Colonel Light, the Surveyor-General, to His Excellency
the Governor, announcing the most desirable location
of our metropolis to be on the eastern side of the Gulf
St. Vincent, at the same time encoura£:inir us with a
most glowing description of that portion of the
6 TJie Constitutional History of South Australia.
country. The Governor, accompanied by his Private
Secretary, the Resident Commissioner, and the Harbor-
Master, landed at the head of Spalding Cove. There
is no fresh water in the Cove, and the soil around its
shores is barren. It is covered with scrubby wood,
apparently a stunted variety of the eucalyptus. The
view of the hai'bor of Port Lincoln itself, however,
from Cape Donnington and the entrance to Spalding
Cove, is beyond description fine. We, who had for
our last port the splendid harbor of Rio de Janeiro,
felt no difficulty in giving the preference to Port
Lincoln, The ranges of beautifully-wooded hills
rising behind Boston Island, extending on the one
hand to the head of the harbor, and on the other along
the western shores of Spencer's Gulf, as far as the eye
could reach, plainly indicated a rich and fertile country.
In consequence, however, of the intelligence conveyed
in Colonel Light's letter respecting the proposed loca-
tion in St. Vincent's Gulf, and the knowledge that the
officers of the Government who had preceded His
Excellency were anxiously awaiting his arrival on the
plains near Mount Lofty, it was determined to proceed
thither without delay, and in company with the
Cygnet, the Buffalo came to anchor in St. Vincent's
Gulf, Mount Lofty bearing due east, on the morning
of the 28th.
" At 2 o'clock of the same day. His Excellency,
accompanied by the ladies of his family ; Mr, Fisher
the Resident Commissioner ; Mr. Stevenson, His
The Constitutional Sistory of South Australia. 7
Excellency's Private Secretary ; the Rev. Mr. Howard,
Colonial Chaplain ; Mr. Gilles, Colonial Treasm-er ;
and their families, proceeded to the shore in three
boats, escorted bj' a party of marines, and landed on
the beach at Sturt's River. They were received and
welcomed by Mr. Gouger, Mr. Brown, Mr. Gilbert
(Storekeeper), Mr. Kingston (Deputy Surveyor), Mr.
Morphett, Mr. Thomas, and the other gentlemen who
had fixed their temporary habitations on the plain.
" His Excellency met the other members of Council
in Mr. Gouger's tent, where His Majesty's Orders in
Council, erecting South Australia into a province, and
appointing the colonial oflicers, and His Excellency's
Commission as Governor and Commander-in-Chief,
were read, and the customary oaths administered to
the Governor, members of Council, and other officers
present.
" The Commission was afterwards read to the
settlers, of whom about 200 were present. The
British fl ig was displayed under a royal salute. The
marines fired a feu de joie, and the Buffalo saluted the
Governor with 15 guns. A cold collation, provided
for the occasion, was laid out in the open air, of which
the party partook. The healths of ' His Majesty,'
' The Governor,' ' Officers,' ' Success to South Aus-
tralia,' and many other loyal and appropriate toasts
were given and drunk with great enthusiasm ; and our
National Anthem, combined witli the circumstances
under which it wa.s sung, had more of grandeur in its
8 The Constitutional Hidory of So^ifh Australia.
simplicity than those who have only heard it in a
theatre can conceive.
" Nothing could be more delightful or promising
than the aspect of the plains named by His Excellency,
Olenelg, in which the Grovei'nment was constituted.
They are of great extent, as nearly as could be guessed
twenty miles in length by about eight in breadth. The
soil appeared to be of the richest quality, and was
pronounced equal, by those who had seen both, to the
prairies of Ohio and Tndicina. Numerous splendid
trees of the eucalyptus genus, the Banksia rosa
mar ino folia, in full flower, studded the plain. The
lupin, buttercup, and several of the wild flowers of
our own country, were met with and hailed with
delight. Parrots, parroquets, and quails were found
in great variet}^ Everything indicated, in short, the
wild profusion which Nature delights to throw over
her most favored spots, and few of the agriculturalists
present but hoped ' their lines would fall in such
pleasant places.'
" The proceedings of the day concluded happily as
they had begun. Good feeling and good fellowship
prevailed on all sides, and
' May South Australia Flourish ! '
was the earnest prayer of every heart."
The rule of Captain Hindmarsh, which has few
features worthy of record, nevertheless included an
era involving some important events. The capital
city of the new Province, to be called Adelaide, was
The Constitutional History of South Australia. 9
selected and surveyed, and the country lands, divided
into what were called preliniinaiy sections, of 184
acres each, were allotted. Delays necessarily ensued
in obtaining possession of lands sold in England before
they could be measured off, and these delay's operated
with fatal effect upon bond fide settlers, as their small
capital was absorbed in the cost of living and shelter
before they could even commence to break up any land
by plough or spade. This, however, if foreseen, would
have prevented the purchase of any lands at all by
any but large investors, who could bide their time.
Other causes of this delav are not difficult to trace.
There were no means of transport to plant the survey
]:)arties on the field and carry water and provisions.
The survey laborers were dissatisfied with the rate of
wages under which they had agreed to work when
engaged in England, and most of them chose rather to
be free men. The arrival of the Coromandel with the
first shipment of emigrants contributed in some
measure to this result, for the body of laborers by
that ship selected with great care by the South Aus-
tralian Commissioners being fettered by no agreements
made their own terms with employers, and taunted
the surveyors with being two-shilling slaves, clainiing
for themselves four shillings a day as the proper
reward of labor. This demand soon readied a nuich
higher figure, and ten shillings a day was paid by
many of the early capitalists. It was difficult under
the circumstances to organi.se survey parties, and there
10 The Constitutional History of South Australia.
was in addition great irregularity in the issue of
rations, which for some time consisted only of salt meat
and small stores. Abundant stores had been shipped
from England, but they were sold to capitalists to put
the resident commissioner in funds to meet pressing
unforseen emergencies. The S5''stem of payment by
orders on the storekeeper at first adopted was not
*ound to answer, and was soon abandoned for cash
payments. Vessels arrived from Tasmania and other
parts with stores of fresh provisions requiring specie
payments, and an immigration was setting in overland
from the back settlements of New South Wales,
bringing in its train herds of cattle and sheep — these
men were called the overlanders, and an interesting
and instructive chapter was written by Captain Grey,
descriptive of their proceedings, in his work which
appeared at the time. I shall have something to say
on this subject presently, but in the meantime I must
conclude my remarks on the surveys previously com-
menced. When it was found that delays in putting-
settlers in possession of their country lands were
inevitable, Mr. George Strickland Kingston, the
deputy-surveyor, was dispatched to England to
represent the state of things to the Commissioners and
brino- out assistance and additional instruments. In
the meantime a rough topographical survey was being
carried on to inform Colonel Li»ht of the nature of
the country, and point out the best sites for survey in
order that the purchasers of preliminary land-orders
The Constitutional History of South Aicstralia. 11
might obtain possession of the richest parts of the
country. The claims of the early settlers became so
urgent, and the Governor's party backed up their
claims so earnestly that the Surveyor-General was
driven to the expedient of at once projecting the
trigonometrical survey on a plan, in order that the
country might be divided into sections on the map,
numbered in proper order, and offered for selection
This I was directed to effect, and the first selection by
preliminary land-order holders was accomplished in
this way, enabling them to take possession ; for the
natural features being laid down on the maps they
were enabled to recocjnise the lands of their choice and
commence occupation accordingly. The boundaries of
the lands were then measured off in accordance with
the diagrams on the plan, and this more complete
survey was being proceeded with when Mr. Kingston
arrived from England under contract to complete the
surveys of preliminary lands in case Colonel Light
should decline to execute the work under sjDecial
agreement as to time. This led to the resiofnation of
Colonel Light, and the direction of the surveys by
Mr. Kingston, who in his turn was superseded by
Captain Frome, of the Royal Engineers, appointed in
England Surveyor-General, and accompanied by a
party of the Royal Sappers and Miners as laborers.
I have not mentioned tlie name of Captain Charles
Sturt, who aiTiving in the colony during the adminis-
tration of Mr. George Milner Stephen, after the- recall
12 The Constitutional History of South Australia.
of Captain Hindiiiarsh, held the office of Surveyor-
General for a short time only.
The recall of Governor Hindmarsh had been due to
the party conflicts between him and the officers of the
Land Department, under the Resident Commissioner,
Mr. James Hurtle Fisher. These had produced a
complete disorganisation in the Civil Service, and the
resignation or dismissal of almost all the ori'-dnal
members of the Executive Council and of the officers,
who appointed by the Commissioners in England, acted
under the special orders of the Resident Commissioner
who represented them in the colony. I forbear to
mention the individual acts which led to this state of
things since they had little if any effect on the ultimate
issue. But in singling out important events which
left their mark in the development of the infant
colony I must dwell for a short space on the influx of
men and capital from New South Wales by way of the
River Murray to which I have previously alluded ; for
to this immigration South Australia is chiefly indebted
for the prosperity she enjoys through the success of
the pastoral interest, first known as the squatters, a
term which should not be applied to those who hold
their lands under lease and rent from the Government.
As soon as it was well known in New South Wales
that a market was open to the back settlers, and that
a large demand for cattle and sheep must naturally
follow the extensive immicrration which was setting in
from England under the South Australian Act, capita-
The Constitutional History of South Australia. 13
lists in their own person or by their agents commenced
to pour stock into this province. Hawdon, the
Buttons, Captain John Finnis (no relative of the
author), Mr. Mundy, soon to be Colonial Secretary of
South Australia ; Eyre, Bonney, and others, were on
the move, and the lowino- of herds and the bleatino- of
sheep soon disturbed the stillness of the desert. Con-
flicts with the blacks, then numerous on the line of
route, and warlike too, led to some loss of life, and
some really formidable battles ensued, so much so that
Captain Grey, the Governor who succeeded Colonel
Gawler, found it necessary to dispatch a strong party
of police and volunteers, under Major O'Halloran, to
keep the route open. The hornets' nest, as the point
on the Murray was called, where the blacks made
the most determined stand, was forced by Major
O'Halloran's party, and a considerable slaughter of the
natives attested the realit}^ of their resistance. This
was made the subject of enquiry before the whole
bench of magistrates, and is no doubt duly recorded in
tlie minutes of the Executive Council as well as by
the press of the day. Tlie moral world, embracing in
its scope religious, social, and political phenomena, is
subject no less thaii the material world to the laws of
progi^ess or evolution ; the laws of cause and effect
everywliere prevail, and whilst effects may be ffeeting
and shadowy, their causes may operate variously
under different conditions, anil in the lapse of time
produced new phenomena. The oveiiandei's still act
14 The Constitutional History of South uiustralia.
as a force in diffusing their influence throughout the
entire community, which profits by the original im-
pulse. This will be apparent if we only reflect on
what would have been the progress of the pastoral
interest if originally left to start into existence and
propagate itself through the medium of the importa-
tions of stock by sea. A few attempts of this kind
proved failures in comjjarison with the results obtained
by the overland route. Thus sheep were bought and
shipped in Tasmania by South Australians at an
immense sacrifice through mismanagement on the
voyage, where the greater part perished. One of our
first occupiers of large tracts of country under the
special survey system, which permitted the purchase of
blocks of land of not less than 4,000 acres, whose
holding at Barossa was acquired through my agency,
informed me that his sheep imported from Tasmania
cost him three pounds a head. It was at first thought
that the route by the River Murray would not be
practicable for flocks of sheep, as it proved to be for
large cattle, but the adventurous Charles Bonney,
subsequently appointed Commissioner of Crown
Lands, made the attempt, and succeeded in being the
first overlander to introduce sheep into the province,
for which feat he was duly honored and banqueted in
Adelaide. The overlanders with their live stock,
driven down the banks of the River Murray from the
back settlements of New South Wales, may certainly
be acknowledged as the pioneers and sources of the
The Constitutional History of South Australia. 15
wealthy interest which has now, in the year 1883,
attained its cuhnination.
I may now revert to the humble attendants of the
lords of the flocks and herds which travelled down
the Murray in these early times, since to them South
Australia is also much indebted. Though as individuals
some of them were desperate characters, there were
others who were pouring into South Australia to escape
the toils of enforced bondage, and rejoiced in the hopes
before them of finding a land of refuge where they
could act as free men. They tirst opened to the settlers
the riches of the stringy bark forests, which ap-
proached within ten miles of Adelaide. They scaled
the ranges with bullock -drays, ascending and descend-
ing slopes apparently inaccessible to wheeled carriages.
They showed English laborers fresh from the resources
of the mother country the way to split the stately
trees which furnished posts and rails for fencing, and
shingles for rooting purposes. They constructed with
the axe and auger miles of post and rail fences.
Practised bushmen, they could light fires and cook
savory food in the frying-pan alone for kitchen
utensils; and they could even make bread without
yeast and ovens by burying the leavened dough in
the live embers remaining after a great fire of brush-
wood. 'I'he damper, as this loaf was called, wivs as
palatable as the bread produced in any baker's shop.
Slab huts of the first farmei-s and s(|uatters were the
result of tlie practised skill of tliese accomplished
16 Tlie Constitutional History of South Australia.
splitters. The liunrlreds of miles of fencing M^hich
now enclose our wheat fields and garden crops are but
the effects of an immigration of overlanders coming
down the River Murray in 1837 and 1838, bringing
with them the experiences of more than fifty years of
toil and struggle in an adjoining British colony. But
the labor from New South Wales and Tasmania was
not an unmitigated benefit, as might be inferred from
my description of its results. It led to much lawless-
ness and some outrage. This was met with a vigorous
arm by Colonel Gawler, who kept the lawless immi-
gration in check by the establishment of a mounted
police force, entrusted to Major O'Halloran as com-
missioner. He was assisted by Inspectors Tolraer and
Gordon, who had been trained as cavalry officers, and.
were eminently qualified for this duty. Under their
vigorous and zealous management the police force soon
acquired a celebrity which was acknowledged in the
neighboring colonies, and assured country settlers of
efficient protection in their homesteads. On the recall
of Governor Hindmarsh he was succeeded by Mr.
Milner Stephen, the acting Colonial Secretary, who
governed the province from July 16th, 1838, to
October 12th, 1838. At this date Colonel Gawler, a
distinguished military officer, arrived in the province
as Governor under the Royal Commission.
Colonel George Gawler was an old Waterloo officer,
and a,t the final charge of the Imperial Guard under
Marshal Ney, commanded the right company of the
The Constitutional History of South Australia. IT
o'Ind Regiment in the British Array. He was
appointed Governor of the colony in succession ta
Captain Hindmarsh, and arrived on October 12th,
1838. An account of his services in the British Army
is given in the Adelaide Illustrated Neivs, published
in November, 1877, as also statements respecting the
biography of our tirst Surveyor-General, Colonel
William Light, who served as lieutenant in the 4th
Lio-ht Drao-oons under Wellino-ton, attached to the
Intelligence Department of the army. Colonel Light
selected the sight for the city of Adelaide, and is
therefore connected with the history of South Aus-
traUa as one of the pioneers. He died on October
5th, 1830, and a monument was erected to his.
memory over his remains in Light-square. His private-
friends boi'e the whole cost of this structure, for he
was much beloved by all who know him on account of
the suavity of his manner, his gentlemanly deport-
ment and nobility of character. But to return to our
principal subject. Captain Charles Sturt, already
stamped as an explorer of mark, arrived overland'
during the period of the ad interim administration of
Mr. George Milner Stephen, and was appointed
Surveyor-General on the resignation of Colonel Light,
wliich took place some months before his death. This-
appointment was superseded by the Commissioners in
Lninlon, who appointed Captain Frome, of the Royal
Kngineers, as the successor of Colonel Liglit and Mr.
I\iji'4st(jn. Captain Sturt, however, subsequently held
18 The Constitutional History of Smoth Australia.
appointments in the public service as Treasurer and
Registrar-General, and finally as Colonial Secretary,
in which office he was confirmed by Her Majesty. He
was finally rewarded by the South Australian legisla-
ture with a pension of £000 a year for life, in acknow-
ledgment of the claims he had established as the
discoverer of the River Murray, Whilst acting as
Surveyor-General Caj)tain Sturt, at the instance of
Colonel Gawler, offered me the post of Deputy
Surveyor-General, which I accepted. But this appoint-
ment, like that of Captain Sturt's himself, was set
aside in consequence of the arrival of Mr. Burr, who
had been appointed in England, when Captain Frome's
services were secured as the chief of the department.
Other appointments were offered to me in succession ;
thus at different times I held the offices of Commis-
sioner of Police and Police Magistrate, of Treasurer
and Registrar-General, and in January, 1853, T
received the appointment of Colonial Secretar}^, which
I continued to hold until the abolition of the office by
the Constitution Act in 1850, when being elected one
of the members for the city of Adelaide to sit in the
House of Assembly, I was sent for by Sir Richard
McDonald to form the first Ministry under responsible
government, with the title of Chief Secretary. I am
not writing my own biography, and shall endeavor to
avoid all mention of my own acts and political career
as far as I can without interrupting the narrative of
historical events ; but I have referred to the above
The Constitutional History of South Australia. 19
facts to show that as one of the principal official
actors in the affairs of the colony during the rule of
seven of the first Governors, my knowledge of events
entitles me to speak with authority in relating the
history of early days, and that I am a competent
witness whose narratives may be referred to in the
future with safety when South Australia may possess
a historian of her own. I have endeavored throuo-hout
to keep strictly within the lines of impartiality ; how
fcir I may succeed others are better judges than myself
As I have remarked before, I do not think the man
is to be found in South Australia who at the present
time could write an impartial history of events in a
philosophical spirit. The only account I have seen
which bears a resemblance to history, is that published
by the Government in 1876, and edited by Mr.
William Harcus. It is obviously not the work of an
independent man, writing without political or religious
bias, but, as the title page declares, was published by
the authority of the Government, and is therefore not
free from the suspicion of being tinged with party
views, which every work emanating from a Govern-
ment is necessarily liable to. The statistical tables
are valuable as being true records of the progress of
events included in them, and I have not scrupled to
use them as faithful chronicles of what they contain.
There is enough of the magniloquent and word-paint-
ing style to betray the work as an advertisement of
the advantages and resources, which tlie future
2 a
20 Tlie ConsHtutuinal Hutory of Suuih Auatralia.
critical historian, guided by modern rules of instruct-
ing his generation, will scarcely care to notice, but
which many a family in the United Kingdom,
struggling in the battle of life, will read with avidity.
So far the Government aim will have been gained,
and it will serve to prompt and encourage emigration
from the overcrowded districts of the mother-country.
But to return to the main object before me. Before I
proceed with a narrative of the government of Colonel
Gawler I will venture to illustrate the state of the
country on his arrival. I have alluded to the over-
landers, who now began to pour their herds and flocks
into our territory. There were G,000 persons in the
new settlement according to the statistical returns,
whilst 48,040 acres of land had been alienated, of
which only eight-six acres were under cultivation ;
but 480 horses, 2,-500 horned cattle, and 28,000 sheep
brought down the River Murray were already depas-
turing in the country. A whaling station had also
been established at Encounter Bay by a party from
Tasmania.
Among the arrivals by the Murray in one of the
overland parties there came a man named Foley —
Jack Foley, I believe, he was called. He rode a
splendid horse, one of those high-bred upstanding-
animals which are bred in the pastures of New South
Wales. He, and a comrade of similar stamp — they
were called bushrangers in those daj^s, and bore the
not very enviable repute of being escaped convicts —
The Constitutional History of South Australia. 21
took refuge in the scrubby ranores at the back of the
point of land opposite Granite Island. Being well
armed and provided with good dogs, they supplied
the few settlers of Encounter Bay, who were chiefly
connected with the whaling party, with fresh meat in
the shape of kangaroo flesh. After completing their
day's work they retired at night to sleep in the bush,
out of reach of troublesome intruders. After a short
time the stores of the whaling party ran short, and
it became necessary to communicate with Adelaide.
Jack Foley was looked for as a messenger well able to
cross the country with certainty and dispatch, and he
was asked to carry a letter to Mr. Edward Stephens,
the manager of the Bank of South Australia, then
located on ISorth-terrace. Foley hesitated for some
time, knowing that there wei'e police in Adelaide and
that they were furnished with a printed "Hue-and-
Cry " from New South Wales. He enquired of the
sender if he would be safe. He was reassured by the
language of the sender, who told him that all was
right, honor bright, and Foley started on his dangerous
mission, the bearer of a letter betraying him. Arrived
in Adelaide, he hooked his horse to the iron rails in
front of the Bank of South Australia and presented
his missive to the manager, who after perusal of it
took him to the kitchen and directed the cook to
furnish him witli food and treat him well. Foley
entered the kitchen, having with liini a loaded double-
barrelled gun. In the meantime the superintendent
22 The Constitutional History of South Australia-
of police, Mr. Inman (son of Professor Inman, of the
Naval College), was informed of Foley's whereabouts,
and shortly arrived at the bank, when he too was
admitted to the kitchen, where Foley and the servant
were enofaged in conversation. Inman sauntered into
the kitchen, and after a little delay approached Foley,
and taking up the gun began to examine its merits
in the most sportsmanlike way, but rather to the
suspicious dismay of the bushranger, who contrived to
get near the door, through which he made a rush to
his horse, leaving the gun in the hands of the police
officer who followed sharply after him, and only
succeeded in grasping the bridle of the horse just as
Foley was starting. Foley presented a pistol at Inman
and drew the trigger of a flint lock. Inman was a
powerful young man of tall stature, and was well
trained in the art of attack and defence, having been
a lancer in the British Legion in foreign service. He
seized the pistol at the lock, and thrusting his hand
against the flint received a severe cut, but prevented
the ignition of the powder in the pan, and wrenched
the pistol out of the hand of Foley, who was im-
mediately 'captured. On being brought before the
court of the Resident Magistrate it was found that
the Court had no jurisdiction as to offences committed
out of the colony. The bushranger was released and
acted in the Adelaide police force, where it was
assumed that he could be usefully employed to identify
men of similar stamp who might have taken refuge
The Constitutional History of South Australia. 23
in South Australia. He was subsequently permitted
to return to Eno-land, and recommended for a free
pardon, but of the result I know nothing, though a
strange story was circulated, which, as I cannot
authenticate, I refrain from now making public. I
insert this incident, as I might do many others of a
similar character, in some of which I was personally
engaged, yet I doubt if history will be advanced by
such details, although they might tend to relieve the
monotony of my narrative and be acceptable to some
classes of readers. But I wish to trace our early insti-
tutions, and move attention to the state of society at
a period when settlement was beginning to assume a
fixed form, and regular Government really for the first
time established, for Colonel Gawler in his person
united the offices of Governor and Resident Com-
missioner, and thus extinguished that duality of power
which arrayed one set of officers against the other,
and one party of colonists against the other. He was
indeed an autocrat as far as the law of England
permits under the system of government adopted in
Crown colonies in all dependencies where representa-
tive government either forms no part of the consti-
tution or exercises but a very small share of power.
We were drifting into a disorderly state when he
arrived, and the convict element in the population, to
which I have previously alluded, had become the
source of much insecurity and dis({uietude. Without
an efficient police ; witliout a revenue, since the
24 The Constitutional History of South Australia.
treasury receipts of 1838 amounted only to £1,448 ;
with little or no trade excei:)t what might arise from
supplying the daily wants of the inhabitants by importa-
tion ; and with a growing expenditure, Colonel Gawler
had really to found a new colony. All previous action
had served to create an immigration fund derived from
the sale of land to home speculators and companies,
not one penny of which was available for the gov-
ei'nment of the colony. This error was proved by
experience and subsequently remedied b}^ Imperial
legislation. The new Governor landed at Glenelg and
was escorted to Adelaide by twenty or thirty horse-
men, when he took possession of a hut of reeds
constructed for him by Captain Hindmarsh and the
marH^s and sailors of the Buffalo. In front of that
palatial residence, erected on the site of the present
Government Domain, he read the commissions
appointing him Lieutenant-Govei-nor and Resident
Commissioner of Public Lands.
A gleam of hope and exultation now for the first
time took the place of irritatioii and despondency,
and the settlers felt that though about to be despoti-
cally ruled, they would be ruled by men in the
councils of Her Majesty who, whatever the errors of
that rule might be in dealing with the Crown colonies,
were actuated by a sincere desire to advance the
prosperity and happiness of the inhabitants of these
dependencies of the empire. The errors, such as they
were, were not errors of intention, but proceeded
Th; Constitutional History of South Australia. 25
rather, in the Ccise of the distant possessions in the
southern hemisphere, from ignorance of the wants
and wishes of the colonists and of the physical
capabilities of the countries they had to govern from a
distance of nearly 10,000 miles, without those means
of commiinication which modern science and super-
abundant capital in the mother country have placed
at the disposal of Her Majesty's advisers in this year
of our Lord, 1883. The laws of cause and effect must
be studied before passing judgment upon the acts of
individuals, or founding opinions on the course of
events in a progressive age. Here we see at once
that a divided authority and distance from control,
unaided by modern impi'ovements in the communica-
tion of orders, placed the resident settlers of South
Australia in 18'58 in a position of peculiar difficulty
and hopelessness. The regulations issued by the
Commissioners in London, as published in their third
annual report of April 2ord, 1889, look very complete
and ingenious on paper, but they involved an amount
of complexity and delay which rendered their obser-
vance in a new country an impossibility, without an
absolute stoppage of all government ; and these are
the extenuatin:^ ciicumstances with which all the
financial proceedings of Governor Gawler must be
regarded. He found in the colony he had to govern
that the revenue for the year at the close of which he
commenced his administration had ])roduced only
£1,448, whilst the ex])enditure had amounted to
26 The ConsHhitional History of SoutJo Australia.
£16,580. In the last complete year of liLs rule the
treasury receipts, on account of ordinary revenne,
produced £30,018, whilst the expenditure carried to
account as actually incurred amounted to no less than
£171,430. To sum up the two complete years of his
residence in the colony, the Treasurer received, ex-
clusive of land fund, only £50,444, and paid away
£267,016, which would imply a deficit of £217,172, a
sum sufficient to startle even our more modern Treasu-
rers under responsible and self-government. But then
the land sales during the same period came in like a
milch cow, and produced £218,881, which completely
satisfied the deficiency. Governor Gawler, however,
setting aside all regulations and all restrictions pro-
vided for his extraordinary expenditure by drafts on
the colonisation commissioners and on the Lord of Her
Majesty's Treasury. He was clearly not a financier
nor a constitutional governoi-. The bills on the Im-
perial Treasury were dishonored, but the Parliament
ultimately relieved the colony from its embarrass-
ment, and made an arrano-ement which, while it vested
all the lands in the Crown, provided for the liabilities
which had been incurred, at the same time placing
them to the debit of the colonial Government, which
in a very few years by annual payments suc-
ceeded in extinguishing the debt, and enabled the
colonists of South Australia in November, 1853, to
claim and establish their rio-ht to self-government in a
form as complete as the English constitution when
The Constitutional History of South Australia. 27
they passed the first Parliainent Bill, which gave place
to our present Constitution Act, framed and passed in
the Legislative Council, and subsequently ratified by
the assent of Her Majesty in 185G.
This Act constituting a legislative body of two
chambers, gave full ])owers by which Responsible
Government was effectually secured, and the
sovereignity of the people fully established by the
OT-ant of universal suffrao-e in the election of the
House of Assembly, which exercises paramount control
over the Government of the colony, subject only to
those few limitations which all Governments must ack-
nowledge in settlements whose inhabitants claim the
privilege of being denizens of the British Empire. I
have no intention of criticising the acts of Governor
Gawler, but I must bring the events of his rule to a
close with a few short observations. Colonel Gawler
had been bred a soldier, and had seen how vast opera-
tions had been carried on regardless of cost when the
destinies of empires were at stake in the Peninsula
war ; and looking only to what he deemed the most
effectual mode of advancing the colony which he was
called to rule, he acted as a man of large capital miglit
act who had no other object in view than the improve-
ment of a princely estate, believing his resources to be
boundless. He had no military force at his back ; the
p<jlice were few in number, and not organised with a
view to the reprossifjii of the disorders and outrages
which an invasion of imniii'Tants trained in the horrors
28 The Constitutional History of South Australi
la.
of the convict sj^stem of a penal settlement was
beginning to produce. He therefore strengthened the
police force, and added to it the mounted element,
which, when the danger had been extinguished, was
looked upon as too costly. He explored largely him-
self, and encourao-ed others to examine the remotest
parts of the colony. Sturt, Eyre, and Stuart in
the party of Sturt, penetrated our northern interior,
and Eyre accomplished the journey to Swan River, in
Western Australia. He employed the superabundant
labor which was crowdino- in to an alarminsc extent,
whilst foi'eign capital instead of being invested in
improvements and cultivation was devoted to land
speculation. This becomes apparent when we see
that the land sales at the end of 1840, the year of
Governor Gawler's great expenditure, had reached the
enormous fisfure of 299,072 acres of which total
quantity only 2,503 acres were under cultivation in
that year, and 14-,G00 persons had to be fed and
employed, a number much greater than could be
absorbed in that trifling cultivation since it gives
nearly seven persons to every acre. Later govern-
ments have been sorely disturbed, even with a large
police force in hand, when assemblages of less than
1,000 unemployed laborers were clamoring for food
and work. How alarming then was the position of
the Government in 1(S40, when the unemployed must
have amounted to more than double that number.
It was the great error of the system which encouraged
T/t.? Constitutional History of South Australia. 29
the delusion that land and labor must necessarily be
productive of prosperity without the association of
capital to employ that labor ; the early colonists for
nearly fifteen years struggled through taxation to pay
the costs of their own Government, and give value to
land which enriched many an English capitalist who
had never contributed a farthing to the public
treasury in the colony, except to acquire the lands
that furnished the labor, which in some years led to
destitution, and has always led to Government ex-
penditure for its support. The feeding of 14, GOO
persons, which I have before stated as the population
of this settlement in 1S40, at only £20 a head, would
require an expenditure in wages of £292,000. Where
did this sum come from since private capital was
mostly engaged in land speculation or in the purchase
of stock to occupy the waste lands not under survey.
It is obvious that the large expenditure of Governor
Gawler, in disregard of his instructions, furnished the
greater proportion, as that expenditure was incuiTcd
chiefly in wages of men employed on survey and other
working parties. I am not on this occasion prompted
to discuss the merits or demerits of the Wakefield
system of colonisation, but I content myself with
drawing attention to the fact that it proved a failure
and was set aside by an Imperial Act 9th and 10th
Victoria, c. 101, which provided that the net proceeds
of the sale of lands, after deducting cost of suiwey and
.sale, should be available partly for immigration ;ui<l
30 The Constitutional History of South Australia.
partly for public works. Thus a government wages
fund was created to support the labor introduced by
the immigration fund, independently of taxation or
private capital.
This system was liable to many disturbing elements,
for it was affected by voluntary immigration, which
augmented the population, and by the efforts of
occupiers of land to improve these lands. Still it was
a great advance in the march of political economy.
The land fund, if wisely administered, should only be
expended in public works and the introduction of
labor, and not in the cost of Government, for the very
obvious reason that it is not a certain periodical
income, but is liable to constant fluctuations, and
ultimately to extinction when lands fit for cultivation
can no longer be placed in the market. Governor
Gawler did what Imperial legislation afterwards
recognised as a valid employment of the land fund ;
that is, he promoted public works and provided for
the maintenance of the labor which every Govern-
ment is bound to cfuard ag^ainst destitution. But in
doing so he violated his instructions and paid the
penalty in removal from office with all its attendant
consequences. Whether he was right or wrong it
may be asserted that the colonists of that period and
of the present owe him a debt of gratitude for saving
the colony from anarchy and for the improvements
in its condition which must have resulted from an
expenditure not wastefully incurred but spread
The Constitutional Sistory of Sonfh Australia. 31
amongst the community in the shape of wages for
useful purposes. Governor Gawler was impelled by-
circumstances to act as he did. A vicious system of
colonisation, called the "Wakefield system, had been
adopted by men in England, who attempted to found
a settlement in South Australia which should be
attractive to capitalists who were land speculators.
It escaped their consideration that land and labor
without the third element of capital to establish the
requisite interaction of land and labor could produce
nothing but disaster, and in the scheme they adopted
they made no imperative effort to ensure the flow of
capital into the new colon}" to create a wages fund
equal to all emergencies. Colonel Gawler's rule will
be 'known in the future distant records of colonisation
only by the fact that it led to a more practical system
of land legislation to replace the former system of
applying all the proceeds of all the lands sold and
alienated from the Crown to the introduction of labor.
We have not yet discovered the true relation between
land, labor, and capital, as is manifest in the latest
attempts to give value to our northern areas on a
credit system which implies a deficiency of capital in
the occupiers.
Captain Grey was but a young man when he entered
on the duties of a governor, and without ex])erience
in administration. But he was no ordinary man.
Distinguished both in the junior and senior depart-
ments of the Royal Military College at Sandhurst by
32 The Const if utlonal Illstonj of South Amtvalia.
his industry and intellectual ability. He received a
commission in the 88rd Reoiuient of Foot, and when
he had attained the ranlc of captain was employed by
the Imperial Government to conduct an exploring
expedition on the west coast of the continent. There
he learnt lessons of fortitude, of which he stood in
full need when he entered on the duties of Governor
of South Australia at the period of his apj^ointment.
His military education had taught him the value of
organisation and the secrets of autocratic rule, and
thus he easily mastered his position. He was not
quite a stranger to the people or to the physical
resources of the province, since he came as a visitor
during the rule of Governor Gawler, whom he was so
soon to succeed. His keen glance took in the position
at once, and he saw that the great mistake of Colonel
Gawler in making himself responsible for a large
unauthorised expenditure must lead to disastrous
consequences to himself and to the colony. He
assumed the reins of office under the most difficult
and unpopular of all conditions, namely, the necessity
of rigid retrenchment and the task of creating a
revenue by the imposition of increased duties of
Customs. The financial difficulties of the Colonisation
Commissioners in having to meet the drafts of Colonel
Gawler without funds other than the land fund, which
as I have stated could not be used for any other
purposes than immigration, led to Imperial legislation.
An Act of Parliament, the oth and Gth of Victoria,
The Constitutional History of South Australia.- 33
c. 61, provided for the better government of South
Australia by abolishing the rule of the Colonisation
Commissioners and vesting all power in the Colonial
Office placing South Australia on the footing of other
Crown colonies. At the same time the debts and
liabilities of the province incurred by the dishonor of
Governor Gawler's bills on the Imperial Treasury, and
by loans which the South Australian commissioners
had negotiated at a larg^e discount and rate of interest,
were liquidated or guaranteed by the Imperial Govern-
ment and made a charge on the colonial revenues.
Thus Governor Grey's powers were complete, and he
was free to make the best financial arrangements by
taxation and retrenchment to place the colonial
treasury in a safe condition. One of his great diffi-
culties in keeping the expenditure within the limits
authorised by the Secretary of State was the employ-
ment of surplus labor and the relief of destitution.
The immigration of laboring persons, whose passages
were chargeable to the land sales fund, had ])revious
to his arrival amounted to 4,791 persons, whilst the
statictical returns give the total population as 14,G00
so that nearly 10,000 people have to be accounted for
from other sources. The able-bodied amongst the
population under the rule of his predecessor had been
provided with employment by distant surveys and
other public works. Many special surveys were
undertaken at a distance from the capital. Thus in
Port Lincoln, in Purt Victoria on the west coast of
3
34< The Constitutional History of South Australia.
Yorke's Peninsula, at the north-west bend of the
River Murray, in the Barossa district, at the Gawler
River, Currency Creek, and Wellington on the Murray,
and in other localities, survey parties were necessarily
employed. A road also had been opened from the
capital to Port Victor, passing through Willunga, the
great sand basin, and the scrubby district of Mount
Jaofofed in the south. The sources and course of the
Onkaparinga and of the Finniss River were traced and
laid down on the maps. By such operations the
surplus labor in the colony was employed, and a large
expenditure necessarily incurred. I have mentioned
special surveys, a term which requires explanation in
these more modern times. By the first regulations
for land sales it had been provided that every person
purchasing public lands was restricted to obtaining
them in larger areas than 80 acres, in which form they
were surveyed, although there w^as no limit to the
number of such sections, as they were called, that
might be acquired by a single individual. This
system, however, was objected to by men of capital,
who desired to possess large estates in a ring boundary,
and it obliged them to select their purchases from
lands already surveyed. The special survey system
was then adopted, under which a person or company
paying £4,000 became entitled to 4,000 acres of land
wdthout having to compete with other applicants for
land who might, under the original plan, select accord-
ing to the order of application 80-acre sections in the
The Constitutional History of South Australia. 35
midst of some discovery of new lands. The special
survey regulations met this obstacle to large invest-
ments by giving the depositor into the Treasury of
£4,000 a right to select his estate in any part of the
colony, however distant or remote from the public
surveys in progress ; and that his choice might not be
fettered in any way he might select his land " in any
district even though not previously surveyed." These
are the words of the Colonisation Commissioners,
quoted from their third report of April 2.3rd, 1839.
In the same report I find that £9,000 had been paid
by a society in England for the purpose of establish-
ing secondry towns throughout the colony, in addition
to the sums deposited for special surveys. I have
already indicated the localities of these and other
special survey selections. Labor and horses and
draught cattle were costly in those days. With such
formidable difficulties to overcome, the expenditure of
Colonel Gawler must subsequently have been incurred
by some one properly authorised, or there would have
been an outcry in England of violated contracts, just
as they arose in London with respect to Northern
Territory land sales in more recent times. It was all
very well to recall him when the work was done, and
so relieve the authorities in England who had
attempted to regulate these matters from their share
in the responsibility. Captain Grey had to meet
the consequences of Colonel Gawlor's recall, and
the consequences produced by a sudden collapse in
3a
36 The Constitutional History of South Australia.
expenditure under positive instructions no longer
emanating from the Colonisation Commissioners but
from Downing-street. I have alluded to one of his
greatest difficulties, that of dealing with surplus labor
and destitution ; and here individual character stood
him in good part. He was sorely tried to keep within
the limits of authorised expenditure, and not only did
he feel his responsibility in that respect, but he had
to encounter misrepresentations and unpopularity in
every shape. A portion of the press attacked him,
and a newspaper then existing called the Tiones was
especially virulent and scurrilous in its attacks on
the Governor.
When in a civilised community trade is prosperous
contentment reigns, and the Government escapes the
taunts of the press and the complaints of dissatisfied
individuals, for hope relieves their struggling exer-
tions. This happy condition of the body politic is the
usual result in free colonies of a great expenditure
in public works of improvement or other necessary
requirements, provided always that this expenditure
is legitimately authorised and legitimately maintained
without undue strain on the public resources.
When this is the case a community so governed is on
the high road to increased wealth and progress.
Fixed property increases in value, and the wages of
labor are sufficient to encourage frugality and saving,
and reduce destitution to a minimum ; for there will
always be destitution in the best regulated govern-
The Constitutional Sistory of South Australia. 37
ments and in the wealthiest communities, since age and
bodily infirmities amongst the dependent classes and
reckless conduct are invariable conditions of civilisa-
tion. On the other hand, when the profits of trade are
uncertain and fluctuating, the money market becomes,
in the language of the Exchange, tight; local capitalists
increase their rates of interest to the borrower, and
governments are reduced to the expedients of
increasing taxation or working with foreign capital
if their credit is good and they find it necessary
to prosecute public works at all. Wages become low
from diminished employment, and destitution is on
the increase. Hence the tone of public opinion is
agaiust the Government; the press echoes the prevail-
ing sentiment ; it fiercely and remorselessly assails the
ruling powers, and the language of discontent and
irritation find vent in public meetings and reproachful
words by public bodies and individual suff'erers. This
last state of things represents to some extent the con-
dition of South Austi'alia during the period of
Governor Grey's administration from 1841 till near
its close in 1845, when the wisdom and necessities of
his rule were appreciated, and with well balanced
revenues and expenditure trade began to revive. It
must be stated that the dishonor of Governor Gawler's
bills on England had led to many insolvencies and a
great depression in trade operations. It Avas thus that
in the commencement of his career Governor Grey had
to encounter the shock of the attacks of tlie press
38 The Constitutional History of South Australia.
conducted in no measured language, as well as the
universal reprobation which was made to attach to
him personally, although he was but the instrument
in obejdng instruction that required a firmness of
character and administrative experience which he
readily acquired. He had imbibed useful lessons of
fortitude in his western explorations, and this quality,
too, was needed in enabling him to overcome the
difiiculties of his position. Ultimately before he
quitted the reins of Government on October 27th,
1845, he not only nearly equalised the revenue and
expenditure, but at the same time considerably reduced
the public debt. In 1842, the second year of his rule,
when the colony was suffering under its greatest
depression from anterior causes, the total import and
export trade was only £225,597, being still on the
descending scale. But when he left they made up a
total of £3o3,278. This seems to justify the inference
that trade transactions must have multiplied con-
siderably during his rule, and when we find that the
lands under cultivation in the year of his arrival
increased from 6,722 acres to 26,218 acres ; and when
we learn, moreover, that the total trade of the year
1845, amovmting, as I have just stated to £333,278,
involved exports of colonial produce to the value of
£131,800, we must be prepared to admit that a great
advance had been made in trade, and in staple produc-
tion, the best index of prosperity. Lastly, it must be
noted that these results were due to a population in
The Constitutional History of South Australia. 39
the year 1845 of 21,759 persons. Population had
never ceased to flow in, and continued to increase in
every year until the present date. I am unable to
place on record the exact state of our public debt on
the arrival of Major Robe, the successor of Governor
Grey, not having with me the financial retui-ns of that
period. It would be a very incomplete history of the
administration of Governor Grey if I were to omit all
reference to his legislative measures, since they will
serve to point out the evils and grievances to be
remedied.
The legislative functions of the Colonial Govern-
ment from June loth, 1843, until February 21st, in the
year 1851, were entrusted to a Council of eight
persons, four of whom, including the Governor, were
Government paid officials, and four nominated from
independent colonists and appointed by the Governor
without remuneration, the Governor himself presiding
at every meeting of this Council, and having a casting
vote in case of equality of opinions. Thus no measure
could be passed in opposition to his policy, which the
official members were bound to support. Hence the
individual character of the Governor under that system
had some influence in shaping the course of events,
however much these events might be forced on him by
surrounding circumstances and the mai^ch of puljlic
opinion ; for the most despotic of rulers are sometimes
directly and often imperceptibly obliged to have regard
to the opinions of those whose weal or woe is
40 The ConstihUional History of South Australia.
influenced by their social and political action. There
were some changes in the personnel of Captain Grey's
Legislative Council, but in 1843, the mean date of his
administration, his official advisers were : — Alfred
Miller Mundy, Colonial Secretary ; William Smillie,
Advocate-General ; Charles Sturt, Registrar-General ;
and at the same date the non-official nominee members
consisted of Major Thomas Shuldham O'Halloran,
Jacob Hagen, John Morphett, and George Frederick
Dashwood, R.N. The clerk of the Council was Captain
"W. L. O'Halloran. With the Council so constituted,
Governor Grey being president, and having a casting
vote, passed during his administration eighty-seven
legislative enactments, showing no small amount of
mental activity. Very few of these ordinances remain
now as the law of the land ; yet some of them were of
an important nature, serving the purposes of raising a
revenue and affecting the administration of justice.
Captain Grey was promoted to the government of
New Zealand at a time when disputes and conflicts
were rife there between the Maories and Europeans,
owing chiefly to land disputes. His knowledge of the
land system in Australia, and his acquaintance with
the habits and customs of the native races, together
with his now proved administrative ability, pointed
him out as a suitable governor for that distracted
settlement.
Lieutenant- Colonel Frederick Holt Robe succeeded
Captain Grey as Governor of South Australia, a post
The Constitutional History of South Australia. 41
which he surrendered at his own request on August
2nd, 1848. His rule embraced a period of less
than three years, and will form the closing matter of
this chapter, after which I shall, before concluding my
historical sketch, give some account of the colony
under Governors Young and MacDonnell, and probably
devote an entire chapter to the phenomena that
accompanied the discovei'y of gold in the neighboring
colonies of New South Wales and Victoria, the effect
of which in promoting the progress of South Aus-
tralia required and received the earnest attention of
Sir Henry Young, and culminated in the Bullion Act,
No. 1, of 1852, a measure framed to meet a crisis
unexampled in modern colonial history, and which,
although opposed to strict views of political economy
and deemed to trench somewhat on the Governor's
instructions, was a great success, and thei-eby insured
its acceptance both at home and in the colony. Major
Robe — for on his arrival he had not attained his
superior rank — was undoubtedly un])opular. He was a
blunt honest soldier, not prepossessing in his manner,
but under this exterior he possessed a warm and
amiable nature, and real ability in the requirements of
his profession, though he was not versed in the arts of
persuasion and oratory, and had studied little the
march of lil>eral opinions in civil government. He
was at the same time a high churchman, and took no
pains to conceal it or to conciliate the nonconformists,
as Governor Grey had done. This alone created a
42 The Constitutional History of South Australia.
prejudice against him in a colony which a popular
noncomformist minister has described a ; the paradise
of dissent. Church and State were certainly words no
longer applicable in South Australia, since it was the
aim of the promoters of its settlement, and has since
been zealously maintained, both socially and politi-
cally, that no church or denominational ascendency in
government or legislation should be permitted. In the
Act of Parliament by which the colonisation of South
Australia was authorised, power was given, amongst
other provisions, to appoint officers, chaplains, and
clergymen of the Church of England or Scotland ;
and in accordance with this enactment the Rev.
Charles Beaumont Howard was appointed first colonial
chaplain when the expedition to colonise South Aus-
tralia left the shores of England. He died, and was
succeeded by the Kev. Mr. Farrell, but on his death the
office was abolished by the Legislature, never to be
again revived. Major Robe, who as I have stated, was
a staunch churchman, felt it his duty, in fm^therance of
the royal instructions, to promote religion and educa-
tion in the colony he was appointed to govern. He
was strictly religious himself ; and the Church of
England being by law, as he conceived, the State
church, he made o-rants of land to serve as endow-
ments to its clergy. But he at the same time was
equally just to nonconformist congregations, and they
also were offered a share in this distribution of land.
To carry out this policy with his nominee Council
The Constitutional History of South Atistralia. 43
and casting vote, he passed an ordinance " to promote
the building of churches and chapels for Christian
worship, and to provide for the maintenance of
ministers of the Christian religion." He also, not
unmmdful of his instructions to provide for the
education of the people, passed another ordinance " for
the encouragement of public education." Altogether
his legislative enactments numbered fortj'-two ordi-
nances ; amongst these was an ordinance to establish
a savings bank. Thus, although represented as
despotic in the frequent use of his casting vote, he
showed a just regard for the moral and intellectual
welfare of the small population he had to govern,
which in 1847 only numbered 31,153 souls. The
dissenters, under which term may be included all
persons not professing church views, were numerous in
the colony, and active in their opposition to the Go-
vernment, incited probably by Governor Robe's legis-
lation on the subject of religious endowments, which
if engrafted on the religious system of the colony
would virtually have brought the ministers of all
religious bodies under the control of the Government.
This, as the religious history of the mother country
shows, has ever been opposed by the dissenting clergy
and could never be tolerated in a community pro-
fessing the principles of civil and religious freedom,
which were, and arc now, the boast of all classes in
South Australia. It is to be hoped that the immense
influence given to the clergy by the fusion of all
44 The Constihdional History of South Australia-
religious distinctions in one general regard for the
welfare and happiness of all classes in the State will
tend to the extended furtherance of social morality
rather than to their predominance in regulating the
civil institutions of the country, which would revive
under another form that spiritual domination, useful,
perhaps, in the barbarous times of the middle ages,
but which, from the area of the Crusaders down to
the 19th century, impeded rather than propelled the
impetus of knowledge and scientific discoveries in
forming a healthy public opinion, as it now exists
intent upon promoting progress and happiness.
Colonel Robe sought these ends as his legislative
ordinances show. I have cited those in which he
sought to promote religion and knowledge, to which
must be added the first institution of a savincjs bank
and his measure to regulate the post-office and
introduce uniformity of charge after the principle
established in England by Mr. Rowland Hill. To
impute to him that " he tried to govern by a small
clique of men who had but little sympathy with
the bulk of the colonists " is simply to chai'ge him
to his disadvantage with being the governor of a
Crown colony in which all legislative power was by
law confined to a Council of eight members and all
executive control to his Executive Council of three.
Outside of these authorised and constitutional advisers,
it is in vain that we search the public records or the
columns of the daily press for information which,
The Constitutional History of South Australia. 45
coming from the Rev. William Harcus, in the shape
of history, should have been authenticated by him to
escape the implications of prejudice and party bias.
The rule of Governor Robe must now be brought
to a close. His personal character in urging his
High Church principles left its impress on more
modem times in the determined stand against them
which all the various religious bodies have actively
ov passively urged or assisted to maintain since. It
has thus through his unintentional agency become an
accepted principle in tlie government of South Aus-
tralia that no religious denomination shall claim pre-
cedence in connection with the State.
CHAPTER II.
Arrival of Sir Henry Young, Kt., as Governor — Liberal views of the
Governor and of the Government in England— Grievances of the
colonists arising out of the action of the late Governor, Colonel
Eobe, with respect to Royalties on Minerals — Sir Henry Young
supports the prayer of their petition — Eifect of the gold discoveries
in 1851 — District Councils — Exodus of the population to the gold-
fields of Victoria — The Bullion Act and Escort Service operate to
cause the return of the diggers — Depressed condition of South
Australia remedied by the Bullion Act — Proofs of the condition of
South Australia in justification of the Bullion Act — L old discovered
near Adelaide— An Assay Office and Mint established to coin gold
tokens — The Railway system introduced — The Education Act
No. 20 of 1851 passed — Undenominational religious teaching to be
paid for by the State — Bishop Short's Pastoral Address — He
complains that the teaching in public schools, if theistic, is not
Christian.
SIR Henry Edward Fox Young succeeded Lieu-
tenant-Colonel Frederick Holt Robe in the
Government of the colony of South Australia on
August 2nd, 1848. His rule, even if we only mention
the most important events which will leave their
impress on a distant posterity, was certainly a remark-
able one, and cannot be passed over by any historian
without associating his name with those events. For
although he, in common with all rulers of embryo
nations, was moved in his political action by forces the
result of foregone circumstances which in the natural
course of development would have had their play
throuo'h other ao-encies if he had never been called to
The Constitutional Sistory of South Australia. 4-7
the post he occupied ; yet his individual character
assisted largely in that development, as a man able to
understand his responsibilities, and indentify himself
with the wishes and interests of those he was
appointed to govern. The great measures with which
his name will be mentioned in the history of South
Australia were the decentralisation of the powers of
government by the institution of district councils, the
inauguration of the locomotive railway system, the
establishment of the first electric telegraph, the oj>ening
of the navigation of the River Murray for steamers of
light draught of water, the Bullion Act, the introduction
of representative government through election by the
people. These are measures which I shall attempt to
analyse in their jDroper order, but before doing so it
becomes me to advert to the physical and moral causes
opei-ating in the mother country, and indeed through-
out all Europe, which had their share in forming the
opinions of Sir Henry Young and in shaping the events
that determined the destiny of South Australia, as
well as of the Australian colonies generally. Thus
there will ap})ear to have been a clear connection
between the phenomena passing in the colonies and
their distance causes in England. I allude especially
to the change of public opinion in the mother country
in favor of liVjeral (councils wliich had beo-un to in-
fluence the action and views of Her Majesty's Ministers,
and indeed of all public men. Its original impulses
are well known to the readers of history, and I need
48 The Gortstitutional History of South Australia.
not dilate on them here. But this change of public
opinion reacted on these colonies in the shape of a
more liberal development of self-government, at first
through the instructions of the Secretaries of State,
and then throufrh the views and acts of the several
Governors. Sir Henry Young arrived largely imbued
with liberal sentiments, and may be described as a
thorouoh friend to free institutions, as will be seen
when I advert to his administrative career in more
detail. He had necessarily learnt the mysteries of
government in the office of Colonial Secretary, Irom
which he had been promoted to that of Governor of a
colony ; and he was indefatigable in discharging the
duties of a Governor in a Crown colony where all the
power and responsibility devolved on him. All
correspondence passed through his Colonial Secretary
to him, and all letters and instructions ran in his
name. The functions now performed by Governor,
Ministry, and departments, centered in him as the
autocrat of a Crown colony. He could use the advice
of his Executive Council, but he was not bound to
follow it, and he himself was bound to follow out the
policy of the Home Government, just as his Executive
Councillors were bound to follow out his policy. ISow,
as I have said, a great change had come over public
opinion in England ; for a generation was yet living
that had learnt wisdom and toleration through the
public press, which had placed before the masses, in
full, the debates on the Reform Bill and on Catholic
The Constitittional History of South Australia. 49
Emancipation. These measures and others of a similar
liberal stamp had left their impress on the minds of the
statesmen who instructed our colonial governors, and
they had helped to train the thoughts of Sir Henry
Young before he assumed the reins of government in
South Australia. Twice during his comparatively
long term of office, which, ending at the close
of 18o4, had extended over nearly six years
and a half he had the privilege of preparing-
the colony for the complete measure of self-
government we now enjoy under our new Constitution
Act, which came into full operation on October 24th,
18.50. Under royal instructions, gazetted June
loth, 1843, the Legislative Council, presided over
by the Governor, had been composed of eight
members, including the Governor and three paid
officials of the Crown, with whom were also associated
for the first time four unpaid and independent
colonists, selected and appointed by the Governor, but
understood to represent the wealth and intelligence of
the community. This, though but a small step in
advance towards self-government, foreshadowed more
complete concessions by the Home Government
designed to include the principle of election by the
colonists themselves, and it superseded the autocratic
form of governinent by an absolute Governor, a.ssisted,
not controlled, by his Executive Council, who acted
in the double capacity of an executive and legislative
body. But now we have to record a totally new
4
50 Tlie Constitutional History of Soufli, Australia.
principle admitted into colonial government, at least
as regards the Australian colonies. An Act of
Parliament (13 and 14 Vict. e. 59) enlarged the powers
of the Secretaiy of State, and under instructions Sir
Henry Young, on February 21st, 1851, passed an
ordinance throucrh his nominated Council constituting
a Legislative Council, to be composed of twenty-four
members instead of eight as heretofore, of whom eight
were to be nominated by the Crown and sixteen mem-
bers were to be elected by electoral bodies. And this
was by no means a final measure of reform. It was
followed in 1853 by a more complete measure of self-
government, introduced on the invitation and
suggestion of Sir John Parkington, Her Majesty's
Secretary of State for the Colonies in that year. This
Bill, however, not being confirmed by Her Majesty,
was superseded by our present Constitution Act
already alluded to. But I must not involve my
narrative by proceeding further with these con-
stitutional questions, to be reserved for a later period
of the rule of Sir Henry Young.
Immediately on his landing, the new Governor was
met by a deputation, who presented him with a
memorial addressed to himself, and at the same time
placed in his hands a humble petition to the Queen
for transmission to Her Most Gracious Majesty. The
memorial and petition both contained statements of
grievances arising out of the action of Colonel Robe,
the late Governor, under instructions from Lord
Tite Constitutional History of South Australia. 51
Stanley, at that time Secretaiy of State for the
Colonies. The question will be best understood by-
quoting the last two paragraphs of the memorial, in
which it is stated : — " That your memorialists
respectfully represent that your Excellency's pre-
decessor has taken various proceedings in reference to
a tax or reservation of royalties on certain mineral
lands of this province ; and in particular in the issuing
of sfrants of these lands containincr reservations and
provisions not authorised by law. That your
memorialists respectfull}' trust that your Excellency
will take such means as may appear to your
Excellency as requisite to relieve your memorialists
from the difficulties in which they have been placed in
consequence of the informalities of the land grants
referred to." The nature of the contest to which
Colonel Robe had been committed throuo-h the
instructions of Lord Stanley communicated to him in a
despatch dated Downing Street, September 18th, 184G,
will be found published and reported in detail in the
South Australian Gazette and Mining Journaloi Aug-
ust 10th, 1848. To this paper I refer the curious, but as
after the lapse of so manyyeai'sit may not be obtainable
except in libraries it becomes necessary for me to state
the princii)le occurrences because Sir Henry Young
liad to meet this (question immediately on his arrival,
and his course of action bears out the views I have
expre.ssed on the point of his liberal tendencies and of
the great changes taking place in public opinion in
4 a
52 The Constitutional History vf South Australia.
England — changes which, however had not been
recognised by Lord Stanley at that time, although
there can be no doubt of their silent operations upon
the minds of many statesmen. Lord Stanley had to
meet in Parliament the complicated questions which
the unauthorised expenditure and the financial
proceedings of Governor Gawler had given rise to.
With this object in view he introduced a Bill into
Parliament under the title of an Act to amend an Act
for regulating the sale of waste lands belonging to the
Crown in the Australian colonies, and to make further
provisions for the management thereof. The Act
sought to be amended was 5 and 6 Vic, c. 36, under
which a uniform system of disposing of the waste lands
had been adopted. The amendment, amongst other
provisions, sought to legalise the levying of a royalty
on all mineral lands purchased thenceforward ; but
meeting with serious opposition that Bill was with-
drawn. Lord Stanley then sought to carry his point
by directing the Governor of South Australia, who at
that time happened to be Colonel Kobe, to issue
regulations " with the aid of the Executive Council "
establishing the right of the Crown to grant lands not
in fee simple as formerly, but reserving the right to
claim a royalt}' on all minerals worked on such lands.
(See his despatch dated from Downing-street,
September 18th, 1845.) Colonel Kobe deemed that
the best way to effect the desired object would be by
the issue of rules and regulations to be inserted in the
The Constitutional History of South Australia. 53
form of future land grants, whereby the reservation of
royalties of one-fifteenth of the produce of all mines
worked was provided. These rules were framed and
approved in Executive Council, then consisting of
Alfred Miller Mendy, Colonial Secretary; William
Smillie, Advocate General ; J. W. Macdonald,
Treasurer ; and the Lieutenant-Governor. The
moment this document was published a burst of
indignation followed ; and on April 21st ensuing, a
public meeting chiefly of mercantile men, was held
to protest against the rules and regulations which
were to take effect from March ord, 1846. A petition
to the Queen was prepared to be presented to Her
Majesty, not through the Governor or the Secretary of
State, but by the " South Australian Society " in
England. I am unable to relate the fate of this
petition ; but on September oOth following. Governor
Kobe sought to give validity to the obnoxious
regulations by obtaining the consent of the Legislative
Council. This Bill passed the second reading by the
casting vote of the Governor, presiding ; but was
prevented from becoming law by the withdrawal of
the four non-officials members from the chamber, who
rose from their seats and left the Council at this stasfe
of the proceedings. At the next meeting of the
Legislative Council, held on October 9th, the Governor
withdrew the obnoxious Bill, and after some delay for
consideration resolved to collect the royalties by force
of law proceedings on certain lands sold under the
54 The Constitutional History of South Australia.
new regulations ; and accordingly after a short
correspondence with the proprietors a Bill in Chancery
in November, 1847, was filed in the court of Mr.
Justice Cooper, the only judge. After a careful
hearing of argument the information was dismissed on
July 28th, 1848, the case having been brought forward
on July 12th. This action, however, in the Supreme
Court seems not to have been attempted until Colonel
Robe had obtained the confirmation of Her Majesty to
the regulations of March 3rd, which confirmation was
communicated to Colonel Kobe in a despatch from
Earl Grey on December .30th, 1846, and made known
to the colonists on May 6th following. Earl Grey had
then succeeded Lord Stanley as Secretary for the
Colonies.
This long digression is necessary in order to explain
the course of action which had led a deputation of the
colonists to place in the hands of Sir H. E. Young
immediately on his arrival, a petition to the Queen
containing a request for redress of grievances, and to
appeal to the new Governor for his aid and protection.
Sir Henry Young no doubt put the Secretaiy of State
in possession of full information, as may be inferred
from the fact that he met the grievances of the
purchasers of mineral lands by introducing and
passing an ordinance through the Legislative
Council (No. 7 of 1840), which became law on August
14th of that year with the sanction of Her Majesty's
Minister for the Colonies. I have not thought it
The Constitutional History of South Australia. 55
necessary to seai^ch through the correspondence
between the Governor and Earl Grey, the Secretary of
State, because it is highly improbable that Sir Henry
Young would have acted in opposition to the wishes
and instructions of Lord Stanley without a further
reference home, stating the new circumstances that had
arisen since those instructions had been acted on by
Governor Robe. And it is obvious that he must have
supported the prayer of the petition to the Queen,
since we find the ordinance granting a full measure of
relief was approved by the Crown. All the proceedings
which T have just related arose out of the circumstances
connected witli Governor Gawler's administration
which had proved the inadequacy of the South
Australian system of land sales and Government to
promote a jjrosperous and healthy condition of affairs
in the new colony. It had resulted in bringing on
prominently the reconsideration of the system, not
only in South Australia, but also as regarded the
neighboring colonies. The royalties question was
brought before the Imperial Parliament, and it had
been propo.sed to include all the Australian colonies
within the scope of the regulations to be issued under
the authority of fresh legislation. The failure, both
in England and in the colony, to carry this obnoxious
tax into effect, together with the misirovernment
resulting from the constant interference of the
Dowuing-street authorities, felt also in New South
Wales, aroused a spii-it of independence in the region
56 The Constitutional History of South Australia.
of politics and religion ; for Colonel Robe's attempts to
legislate in matters of religion, and bring the clergy
of all denominations into subserviency to the State by
the policy of State aid to religion, had mixed up
religion with the question. In England more liberal
sentiments had already taken hold of public opinion, so
that a new era was preparing, ushered in b}^ a steady
advance in view of civil and religious freedom amongst
the masses. The colonists yearned for self-govern-
ment to secure their political rights ; and they were so
alarmed at the prospects of a State religious establish-
ment that a feeling grew up to exclude ministers of
religion from all share in politics, to which effect was
given when the Imperial authorities, themselves in
perplexity under the extraordinary circumstance
arising out of the copper and gold discoveries then fore-
shadowed, subsequently surrendered to the colonists the
complete management of their own revenues and all
the prerogative rights of the Crown, except the power
of disallowance of Acts of the local legislatures, the
last symbol of sovereignty. We shall see in the course
of my narrative how by this wise concession all
grievances were at once set at rest, and such of the
colonial dependencies as were made partakers of the
boon of self-government were knit together in love
and loyalty to the mother country, ready to hold out
the hand for equal friendship, and even to assist her in
difficulties by open expression of sympathy, and ready '
to bear their part in the exigencies of war and self-
The Constitutional History of South Australia. 57
defence, on this condition only, that they themselves
must judge of the fitting time and mode of action.
We shall now be better prepared to judge of the ad-
ministerative polic}- of Sir Hemy Young, and to
understand how public opinion, gradually formed by
events, reacted on our rulers in enabling them to steer
the colonists through the perplexities caused by the
gold discoveries, and eventually to carry through an
enlarged and partly elective Legislative Council the
complete Constitution Act, which is the Charter of our
liberties.
The foregoing preliminar}^ remarks have, I hope, pre-
pared the reader for the events which belong to the
period during which Sir H. E. F. Young governed this
colony. Moral effects resulting in a change of public
opinion, both in England and here, were acting in
favor of the political phenomena. I liave now to
notice a great advance in the science of government
which was effected by the adoption of district councils
into a share of political administration, in other words
by the decentralisation of the powers of government.
It may be likened to the change that had taken place
in the religious world when the dissemination of truth
in spiritual and moral matters had, by several acts of
toleration, been recognised as not solely dependent on
tlie union of authority in a State church. The Christi-
anity of the Bible was now being taught b}' other
religious bodies outside the Established Churcli, and
the moral emotions of the masses were tliereljy allowed
58 The Constitutional History of South Australia.
fuller play. The repressive system in religion had
failed as it had done in politics, and the consequence
was that the central influence of the hierarchy becom-
ing ditfused among a number of independent sects
acted with more vigor from the new centres The
advance in political freedom, for which the period now
under consideration was remarkable in our colonial
history, was not due to any one Governor or to any
one statesmen, but to the general march of intellect. In
New' South Wales, as the older and more important
colon^^, the want of some local authority in distant set-
tlements to advise and manage public improvements,
for which the Land Sales Acts provided the funds,
had for some time become apparent to Colonial
Ministers. They had lately acquired control over the
land fund by an amending Act ; and since one-half of
the net proceeds of land sales was devoted to work of
utility and it was not desirable that this expenditure
should be regulated by the central government, who
would be naturally prone to improve the Capital and
surroundino- district to the neo-lect of the interests of
the outlying country, the Secretary of State devised
a system by which local bodies should exercise a share
in the use of the land fund. I will not attempt to
trace with whom the system originated. Probably
several minds had thought the matter over, for we
find the subject of district councils examined at great
length in several despatches from Secretaries for the
colonies to the Governors of New South Wales. I
The Constitutional History of South Atistralia. 59'
shall only quote passages in the Colonial Office cor-
respondence of the year 1850, because at that date Sir
Henry Young was our Governor. On August 30th,
1850, Earl Grey happened to be the Secretary of State
for the colonies, and in forwarding to Sir Charles
Fitzroy, Governor of New South Wales, the Imperial
Act (13 X 14 Vict, c 59), " an Act for the better govern-
ment of Her Majesty's Australian Colonies," which
was . the Charter under which we were enabled to
prepare and pass our Constitution Act, he incidentally
gives expression to views that bear out the statements
I have made as to the connection between events in
Europe and the more liberal sentiments prevailing as
to the government of the British colonies. Thus he
observes in the 7th paragraph of his despatch — " These
are the views which my observation of public affairs,
and especially of the course of events in Europe of late
years, would lead me to impress on you ; they are
those of one deeply anxious for the continuance of
that advance in material and moral prosperity of
which the Australian colonies have on the whole
exhibited so striking an example ; but like all general
views they must be received subject to the exigencies
of times and events." In the 18th paragraph " with
regard to the land revenue, I am aware," he proceeds,
" tliat much jealousy has existed of its being appro-
priated, as it hitherto has been, by the authority of the
Crown, and it is therefore necessary that I should
explain that though tlie Act of Parliament, which I
60 The Constitutional History of South Australia.
now transmit to you, makes no alteration in the
existing law upon the subject, Her Majesty's
government have no desire to exercise any con-
trol over the appropriation of this revenue
beyond that which is necessary in order to
insure its being expended on the objects to which it is
legitimately applicable, and in a manner consistent
with justice towards those from whom it is raised."
He subsequently observes — " Such proportion of the
revenue as is not required for immigration ought as
far as possible to be applied in local improvements in
the districts in which it arises." A despatch to Sir
William Denison of July 27, 1850, gives his views
more at length on the application of the land fund.
Earl Grey, in arguing against the policy of selling
waste lands at a price, instead of parcelling them out
in free grants, observes — " But as the object of
imposing such a price is to insure the gradual dis-
tribution of land to settlers as it is wanted, it has
always been my opinion that the sums received for it
should be applied in such a manner as to add to the
value of the land to purchasers who mean really to
occupy and improve it. The popular objections to the
comparatively high price which has for some years
been required for the Crown lands in the Australian
colonies, would in my judgment be well founded ; and
it would be highly impolitic to withdraw from
settlers so much of their available capital, if this money
were not in fact restored to them by its being applied
The Constitutional Sistory of South Aiistralia. 61
in such a manner as to increase the value of the land
they acquire." I learn further from the despatch of
Earl Grey that the committee of Privy Council on the
proposed constitution of the Australian colonies had
advised that " whenever local bodies are constituted
representing the inhabitants of the different districts,
the application of half the land fund to objects of this
kind should take place under their superintendence"
(the objects being public improvements of the nature
of roads, streets, and bridges). The lesson to be
gathered from the despatches, parts of which I have
just quoted, are that the Home Government had
arrived at the conclusion that it was desirable to raise
up in the districts local bodies, to whom should be
entrusted the direction and management of the land
fund produced by sales of land in those districts, in
order to guard against its expenditure in the neighbor-
hood of the capital, where naturally the greatest
pressure woidd be brought to bear on the central
government to secure the outlay for improvements in
the vicinity of the seat of government for the benefit of
the larger population to the neglect of distant interests.
This policy became the more urgent whilst a system of
more complete self-government was on the eve of being
inaugurated, in order that the weaker administrative
bodies in the districts and municipalities apart from
the capital, might have their legitimate influence in
.shaping the public opinion, on which the ])rinciples
of the Constitution Act would be based.
G2 The Qonstitutlonal History of South Australia.
A spirit of independence had already been aroused
in South Australia by the attempts of Governor Robe
to legislate for the collection of royalties on minerals,
and also in matters of religion. His administrative
proceedings, however, though they made him the sub-
ject of much odium and un})opularity, tended to the
benefit of others, firstly by awaking men to a sense of
their political rights, and next by moving the Home
authorities to reconsider the subject of the land
revenues in the Australian colonies generall}", at a
time when the gold discoveries had increased the
importance of these colonies, and rendered it obvious
that it was impossible to rule such distant possessions
from Dovvning-street when emergencies mig-ht arise
requiring immediate action. It must be recollected,
the average duration of the voyage by the mail ships
from England to Adelaide was, even so late as the
year 1857, nearly sixty-six days, whilst at the period
under consideration it was much longer. These cir-
cumstances taken together afford a sufficient explana-
tion of the liberal views which were beginning to
work towards the independence of colonies which
prior to the opening of the Suez route were practically
at a distance from the seat of rule of nearly l{i,000
miles. Physical causes then, in themselves, sepai-ately,
uncontrollable, produced moral effects which, acting on
many different minds, brought experiences into play
that resulted in complete political freedom through the
instrumentality of Sir Henry Young and his advisers.
The Const itufional History of South Australia. 63
who Avere guided hy public opinion. It will be re-
marked that I am attributing to the period covered by
the rule of Sir Henry Young those chauires which
ultimately, and under the government of his successor
Sir Richard MacDonnel, resulted in giving us our Con-
stitution Act of 1856. But it will also be seen that all
the principles of self-government embodied in that Act
were amply discussed and prepared in 1853, when the
public opinion that afterwards really controlled the
legislative action of Sir Eichard MacDonnel was fully
and irresistibly formed. I must now revert to the
subject of district councils established by Sir Henry
Young in 185:2, viz., -'An Act to appoint district
councils and to define the powers thereof," passed on
November 2oth of that year. It cannot be too
forcibly brought to notice that local self-government
contains the germ of the political strength of a! nation
and is a necessaiy factor in the stability of free states.
District councils, as they are established in this colony,
are but incipient stages of a- more perfect organisation
which time and enlarged population will produce.
They certainly by their adoption relieved the central
government of much odium, responsibility and
administrative work. It would have been impossible
to manage the expenditure required under the head of
roads, streets, and bridges, to which the Crown
moiety, as it was called of tlic land sales fund was
api>]icable without local advice and as.sistance, so as to
avoid the reality or at least the imputation of
64 The Constihdional History of South Australia.
favoritism and corruption. Local taxation, which was
included in the powers given to the local bodies and
was eventually to supply the place of the subsidies
from the general revenues, could not have been
resorted to without the intervention of local elective
bodies and absolute local self-control. It would have
been invidious if not absolutely unconstitutional to
have taxed a particular district for the erection of a
bridge or any other requisite public building, whereas
there could be no objection to leave it in the power of
a properl3--constituted district authority to tax them-
selves for such purpose when the benefit would
be chiefly local. It is on this principle that all
municipal government should be founded, and
when the power to tax for local improvements
is never conferred except on the application
of the residents themselves, and when moreover a
limit to taxation is assigned by the supreme legisla-
ture, the liberty of the subject and the rights of
property are safely provided for. The experience of
the mother-country pointed to the wisdom of such a
delegation of power and also suggested the mode of its
accomplishment. The machinery of government by
this sv'stem of the division of moral labor and
responsibility becomes more complicated, but at the
same time more perfect. In factories the division of
labor produces great results. In a military body the
division of labor is brought into practice by the for-
mation of companies to form the units of a regiment.
Tli-e Constitutional History of South Atcstralia. 65
and the appointment of special officers to govern eacli
small body strengthens the general cohesion, and
renders it more flexible. The study of the operations
of nature has taught us that simplicity of structure in
the (n-ganic world is concurrent with imperfect
functions, whilst the higher grades of existence are
always accompanied with and accomplished by
complexity of structure. So we find in political
aiTangements that a government in which all power is
vested in a single individual, who is thus necessarily
an autocrat and a despot — and this is manifestly the
.simplest of all forms of government — is liable to sudden
revolutions and anarchy, as in Russia, Turkey, and
even until lately in France. In such case a State may
be destro3'-ed by the issue of a single battle when its
sovereign is led into a war. In England and America
on the other hand, where the functions of government
are dependent on the co-operation of many distinct
political forces, the sovereign or ruling head may die,
the executive government of the central authority may
resign or perish in some great catastrophe, the
Parliament itself may be rudely dissolved ; and
yet the wheels of the State machinery will
not cease to act. Such a state of thinfj-s mi'dit
come to pass in the midst of a foreign war ; it
might happen in the midst of civil war and domestic
troubles, and yet the English people as a body politic
would still continue to exist, the relation of society
w(.uM still be maintained, and the various political
66 The Constitutional History of l^outh Australia.
bodies would still cohere to sustain and uphold the
enerofies of the nation.
It may be said that I am travelling far from my
subject, but I am not desirous of writing history as a
mere compiler of events without showing their inter-
dependent relations ; and it will be seen in the course
of my sketch that I am but marking the stages of
progress in government as they have really occurred
in South Australia, a proper understanding of which is
complementary to the political era A^dlich I am
approaching, namel}^, the possession of complete self-
governing powers all but attained in the year
succeeding the establishment ofc' a certain measure of
local self-government, when Sir Henry Young, in the
year 1853, succecc^ed with the aid of a legislative body
of whom two-thirds were elected members in passing
the Parliament Bill. The influence of public opinion
was overweighted on that occasion by what was
presumed to be a condition imposed by the Imperial
Government, represented at that time by Sir John
Pakington, Secretary of State for the Colonies. But
although then overweighted and overborne, public
opinion was ripe for greater concessions and resolved
to obtain them. It will also be seen that the colonists
of South Australia reinforced by constant arrivals from
England of men imbued with the reforming spirit of
the age, and themselves accustomed to the working of
free institutions, were found fit to enjoy and appreciate
that complete form of political organisation which we
The Constitutional History of South Australia. 67
now possess. Free institutions and self-government
can only be understood and appreciated by a law-abiding
people, who respect and obey the law in the full con-
sciousness that bad laws are better than anarchy and
violence, since bad laws can be speedily amended or
repealed when the sovereign power is in the hands of
the people themselves, without resorting to extreme
courses. In illustration, I may mention that in the year
1.S.52 Sir Henry Young assembled the Legislative
Council for a single session of a single day, and passed
the Bullion Act throuo-h all its stages and made it law
by giving it his sanctioii on behalf of Her Majesty,
when the delay of a clay might have been fatal to some
leadinof commercial firms. In like manner in the
year 1883, Mr. Gladstone, the Premier of
England, passed the " Explosives Bill " through both
Houses of Parliament in one day, April 9th, and
it became law at noon the next dav, when it received
the Royal assent. Thus, notwithstanding the com-
plexity of the machhiery of Government in England
to which I have before alluded, its perfection is shown
by the ease and suddenness with which in special
emergencies all its powers can be brought to a focus
and give immediate effect to the will of the people ;
for unless both Houses of Parliament had felt certain
of the pressure from without it would have been
impossible to obtain unanimity of action. At this
stage of my historical sketch it may be well to
strengthen my position by remarking that to seek to
') A
68 The Constitutional History of South Australia.
change opinions by laws is worse than futile. It not
only fails, but it causes a reaction which leaves the
opinions stronger than ever. First alter the opinion
and then you may alter the law. Very little reliance
can be placed on reforms which instead of beino-
suggested by the people are bestowed on them by the
political classes. In the somewhat lengthened account I
have given of the motives which prevailed in bringing
about the establishment of district councils, I have
departed from the chronological order of events since
the " Act to appoint District Councils and to define the
powers thereof" became law on November 25th,
1852, several months after the passing of the Bullion
Act. -But I was desirous of showins; the chanefes in
public opinion in England and the counsels of Her
Majesty's Ministers, which, reacting in South Australia,
enabled Sir Henry Young to throw himself into the
scale of colonial interests when he introduced and
sanctioned that Act in the name of Her Majesty ;
although had he regarded the question from a strictly
Imperial point of view, he might have felt it his duty
to reserve the Bill for the Royal assent. To proceed
now with the history of that famous Act, which is
probably forgotten by the colonists, although there can
be no doubt that to its successful operation tliey owe
the sound basis and prosperous condition of their
industrial and commercial interests at the present time.
I find that our mineral resources began to attract
notice as early as the year 1843, when the first copper
The Constitutional History of South Atcstralia. 69
ore was discovered at Kapuuda, a district some fifty-
miles north of Adelaide. Two years later a rich deposit
of the same metal was discovered at a distance of one
hundred miles in the same du-ection, and was worked
as the celebrated Bm-ra Burra Mine. The land on
which these mines are situated was soon purchased
under the special survey system of which I have
previously given an account. It was in consequence of
these discoveries, and of other indications of mineral
deposits, that the royalties question gave rise to corres-
pondence between Governor Grey, Governor Robe, and
the Colonial Office in England ; the home Government
contending that certain dues called royalties were
leviable by the Crown on the ores raised from lands
sold in South Australia. The result of this claim I
have given in the preceding chapter. It is not part of
my plan to give the details of the effects on our
resources and revenues produced by the export of
copper ore, but it will elucidate my subject to state
that in the year 1851, the period in which the gold
discoveries in tlie colonies of Victoria and New South
AVales began to operate on the industries and political
jjosition of Soutli Australia, the export of minerals,
chiefly copper, amounted to £310,!)1G ; and in the next
year to £374,778. But the discovery of our copper de-
l)0ftits had no disturbing effect on our colonial industries
On the contrary, they advanced wages and profits and
augmented our population through increased land
.sales, which furnished the funds for the importation of
70 The CoHstittttional History of South Australia.
labor. The gold discoveries, however, in New South
Wales, in 1851, and subsequentl}^ the still richer
deposits in the province of Victoria, produced a rush of
the population of South Australia to the diggings, as
the goldfields were called, causing the absolute stoppage
of all farming operations and of all trades and manu-
facturing industries. Gold had been discovered in
South Australia many years before, but it had not been
worked in profitable quantities, and it was afterwards
found at Echunga, as stated by the Colonial Secretary
in a report dated August 25th, 1852, which will be
subsequently referred to. In IS'ew South Wales, which
at that time promised to be the greatest gold-producing
region, the discovery of those riches fell like a tei'rible
calamity. It completely upset the relations between
labor and capital. Then came the extraordinary
discoveries in Victoria, which threatened to depopulate
South Austx'alia. The attraction to the diggings was
irresistible. The Chamber of Commerce described the-
year as " one of unusual interest and anxiety to the
mercantile community, on account of the unprecedented
crisis which had taken place in the affairs of the
colony, threatening to all human appearance universal
ruin." Credit was destroyed, trade paralysed, the
public finances undermined, and a feeling of alarm and
insecurity prevailed. The state of South Australia at
the close of the year 1851 can only be realised by
referring to the reports of the banks, of the Chamber
of Commerce, and leading articles in the public press.
The Constitutional History of South Australia. 71
The Government Customs returns and financial reports
all told the same tale ; one which fully justified the
alarm and anxiety then prevailing, but now only matter
of history. Men at the present date — although the
prosperity of the colony is largely owing to the influx
of gold brought into the colony by return diggers, and
by the gold escorts established in 1852 to enable the
successful South Australian diggers to transmit their
hard-earned treasure to their families without them-
selves quitting the scene of their labor — men, I say, at
the present date can scarcely be brought to believe the
state of excitement then prevailing amongst the owners
of property with the prospect of absolute ruin
staring them in the face, a calamity averted by a
Governor calling to his aid the united intellisence and
mercantile experience of those usually in opposition to
all the measures of a Government supposed to repre-
sent and to regard Imperial interests as paramount to
colonial interests. The pastoral lords found their
flocks without shepherds, and their banking credits
suddenly restricted in the face of rapidly rising rates
of wages and cost of the necessaries of life. Small
farmers sold or mortgaged their properti&s to obtain
the means of joining in the rush to Forest Creek and
Mount Alexander, then the favorite resort of the
goldfinders in Victoria. Ridinii: throuo-h deserted
♦listricts the traveller would seethe cottage and garden
witli, in general, a small wheat stack left for the
support of the wife an<l family, but no male in-
72 The Constitutional History of South Australia.
habitants. They were off to the diggings. Bankers
found the gold in their vaults, which was to enable
them to pay their notes on demand, rapidl}^ diminish-
ing and flowing off" to Victoria, either in the purses of
the diggers, or to maintain the solvability of the head
establishments in the neighboring colonies, of which
they were for the most part only the representative
branches. Wholesale and retail dealers and importers
found their stores full of unsaleable o'oods, and their
assistants gone or eager to join in the rush. Govern-
ment servants and housewives throughout the colony
found the cost of living suddenly enhanced, and them-
selves in debt for the necessaries of life ; rents had
fallen, and small holdings were unsalealjle at any
price.
Such was the condition of South Australia at the
commencement of the year 1852, and such was the
crisis which Sir Henry Young was called upon to
avert. In support of this view, which I can personally
vouch, I will produce proofs. Statistical records are
but dry details representing the classification of events,
physical, moral, and intellectual ; they are one of the
inventions of modern civilisation, and are really the
classified experiences of communities, from which
general laws may be deduced, showing the certain but
silent and invisible workings of evolution in all the
departments of human history. To these I shall
appeal, for fortunately for my case tables of statistics
showing the progress of the several industries began
The Constifntioiud Hiifory of South Atistralia. 73
before this date to be carefully prepared. But I have
before me a task the results of which cannot be
included in this chapter, already long enough to try
the patience of ray readers. Reserving then the
further histor}'- of the colony as told in the introduc-
tion and operation of a measure which completely met
the exigencies of the times for another chapter, I shall
close this statement by giving the words in which
the Governor explained his position and opened the
special session of the Legislative Council on January
2Sth, 1852. Suffice it to add, in the words of the
Chamber of Commerce, " The effect of this measure
was little short of miraculous." Sir Henry Young
addressed the Legislative Council in a speech of which
I shall only quote a few paragraphs. He said : — " A
Bill will be laid before you to enable the banks tem-
porarily, in addition to the notes issued by them and
now in circulation within the province, to issue notes
in exchange for, or to the amount of, any gold bullion
purchased or acquired by the banks, at a fixed rate ;
to entitle persons to demand from the l)anks notes in
exchange for bullion at a fixed value ; to enable the
banks to pay and satisfy demands upon them in bullion
at a fixed rate ; and to make the notes of the banks a
legal tender except at the banks, so long as the notes
are paid on demand in specie or in Inillion." "The
Bill also provides for the establishment of an assay
office, ill order, f)n payment of the cost of assay, to
facilitate to the banks anrl other buyers and sellers of
74 The Constitutional History of Soutli, Atistralia.
bullion the ascertainino- of the weio-ht and fineness of
bullion sent there for assay." " During the limited and
probably very short time which must unavoidably
elapse before the arrival of importations of the coin of
the realm can be expected, the Bill is intended to
uphold the solvency of the banks against the probable
results of a drain of their coined specie, to alleviate
the inconveniences of an alleged scarcity of the circu-
latinof medium, and to encourage the return to the
province of those persons who have procured gold in
the adjacent colonies, and who may desire to invest it
in South Australia." " The banking, commercial,
trading, and other monied classes of the community,
and also my official advisers in Council, concur in the
utility and urgency of the specific measure now intro-
duced."
The proofs of the statements describing the state of
the colony prior to the passirg of the Bullion Act were
reserved for this chapter of my narrative. It will be
seen tiiat the Government were fully justified in the
course they took, although it was opposed to the strict
interpretation of the maxims of political economy, for
without question the currency was tampered with in
the remedy applied to meet conditions which no
human sagacity could have foreseen, and this affords
the reply to the disciples of Adam Smith and Ricardo.
The book of statistics of South Australia for the year
185G, published in 1857, is a record which may be relied
on. From its pages we learn that a census was taken
The Const ihttional Hidory of South Australia. 75
on Januaiy 1st, 1851, by which it was ascertained that
the population numbered 03,700 persons of all ages
and of both sexes. The males were 35,302. Deducting
from this total male children under fourteen years of
age, consisting of 11,GG3 individuals of that sex, there
would remain 23,639 males. But this total includes
the aged and infirm, and men of sufficient means to
prevent them from leaving their homes in the general
rush to the diggings, which was soon about to
commence. If then we subject the number of adult
males to the further correction of one-fifth for non-
eflfectives, we find the able-bodied men in the colony
reduced to a total of 18,011. The South Australian
diggers then might probably have amounted to this
number. The emigration by sea, imperfect as the
returns would be, is stated at G,025. Tlie others to
the number of 12,88C men must have travelled over-
land, if so large a number as 18,911 really left us for
temporary work at the diggings. It would detract
from the value of my testimony if I were to assume
that this estimate is anything but an ap[)roximation.
The Chamber of Commerce observed, " It is perhaps
no exaggeration to say that at least 15,000 to 20,000
individuals left South Australia during the prevalence
of the gold mania" (see their report for 1851 in South
Ausiralian Refjister of August 5th, 1852). All that I
insist upon is that the greater part of our useful labor
left us for the diggings in 1851, and this of course
involves the cessation of all industrial production. But
76 The Constitutional History of South Australia.
otliev consequences followed. Each man must have
taken with him on an average ten pounds in specie to
pay his travelling expenses, and provide the necessaries
of life until his labor at the diggings should be pro-
ductive. This amounted to a drain of g^old sovereiofns
from the bank vaults. Every bank-note in the
possession of the intending emigrant would, be
converted into coin as the only circulating medium 021
which he could rely over the border. Taking the
lowest estimate of 15,000 emigrants, this would iniply a
drain on the banks of £150,000. Such a drain as this
involved the necessity on the part of the banks of
restricting their note circulation and of diminishino-
their discounts of commercial bills, which had the
effect of paralysing trade, and left the alread}^ glutted
markets without purchasers for their commodities.
Home stocks and goods of all kinds were reduced in
price, so as to become unsaleable at a profit. This
condition of the money market is rendered palpable by
quoting the bank returns for January of 1852, which
give the following results as the total of the three
banks, namely, deposits, £211,007 ; notes in circulation,
£84,605 ; bills under disQount and other securities,
£G06,82G; coin, £97,000. This means trading by
bills, small cash credits, a note circulation far below
the wants of the colony, and a dangerous diminution
in the quantity of coined money in the bank vaults.
Add to this ill-omened picture the fact that the foreign
exchanges were greatly against the colony since the
Tlie Const if tUional History of South Australia. 77
imports for the three years of 1840, 1S50, 1851 taken
together amounted to £2,135,897, whilst the exports
for the same period were only £1,575,757, leaving the
balance against the colony equal to £5G0,140 on the
three years' transactions. These figures are quoted
from the Government tables in Mr. Harcus's book.
When the colony buys more than it sells the difference
must be made up in specie or in re-exportation of
imports, and in the meantime the exchange rules
against the colony. During these arrangements the
colonial producer for exportation, whether of wool,
copper, wheat, or other farm produce for which he
has to obtain cash in the colony to pay wages and for
the necessaries of life, and trade, has to pay heavily to
his banker in the shape of discount on the bills
he sells to the bank. Money at such times is said
to be tight, and those who want to buy it must
pay for it.
The general tightness of the money market may be
judged amongst other facts by the amount registered
as borrowed on mortgages of real property during
1851 ; and this shows a total of £107,788 4s. Id., and
in the previous year had amounted to £140,650 Is. Od. ;
debts which probably in gi-eat part if not Avholly
must be added to the liabilities of 1851 The
indebtedness of the colonists to the banks and to
capitalists may be estimated at considerably more than
£l<i a head of the whole population — men, wemen, and
children. TIius : —
rS The Constitutional History of South Australia.
Indebtedness to the banks for bills under
discount ... ... ... ... ... £606,826
Borrowed on mortgages of land during
1850 and 1851 338,438
Liabilities of individuals by bills of sale,
judgments, &c., in 18-51 ... ... ... 70,G31
Total £1,015,895
This divided by the total population, 63,700, will
bear out the statement, and it takes no account of
book debts and bills discounted outside the banks.
All these circumstances considered show that the
•colony of South Australia was in a very critical
commercial and monetary position at the time our
laborers were leavino; us for the o'old-dijjo-ino-s of
Victoria ; and being fully laid before the government
in memorials and statements from bankers and
merchants, justified the passing of some unusual
measure of legislation to sustain mercantile
solvability and secure the return of the diggers to
South Australia with their hard-earned golden harvest
which they were reaping at Mount Alexander and
Forest Creek. The Bullion Act has been criticised by
the political economist, and no doubt in some respects
it was a departure from the principles of that science,
for a science it was made when in the year 1770 Adam
Smith published his immortal work under the title of
" Wealth of Nations." The phenomena of wealth and
also of society at large were classified by him and
arranged under their various forms ; also the
circumstances which gave rise to the invention of
The Constitutional History of South Australia. 79
money and the changes in its value. The range of
exposition of the principles which govern the Avhole
■working of our political, social, and religious systems,
displayed a power of thought, observation, and
generalisation which no writer had previously
exhibited, and which no student of the science of
political economy has since been able to gainsay. The
Bullion Act of South Australia was an attempt to
interfere by legislation with the currency and the laws
of demand and supply ; but it was an attempt which
the concurrent testimony of all the bankers, merchants,
and others engaged in production and trade declared
to be necessary to meet an unforseen emergency, and
it was justified by the result. It proved a great
success. Sir Henrv Young records this united
testimony in ]\is opening address which I have
previously quoted. The Chamber of Commerce, in
their {lublished report in August, 1852, after a six
months' trial of the Act declared that its effects were
little short of miraculous. " Credit and confidence
were almost instantaneously restored." " The most
^anguine couhl only have calculated that it would
Iti-eak our fall — that it would save the colony from
genei'al bankruptcy." And they add, " It has been the
instrument of averting general bankruptcy. By its
wise and salutary operation our population who were
attracted to tlie goldfields have returned to spend and
invest their treasures in tiiis colony." Frequent
mention has hitlierto been niaile of the liuliion Act —
80 The Constitutional History of South Australia.
an Act which no longer appears on our Statute book,
having long since expired ; its life having been
limited in the first instance to twelve months. Few
persons in South Australia probabl}'- have ever heard
of it, and many who are in the possession of a
competency are unaware of the impetus which it gave
to the production of wealth and of unexampled
prosperity.
We have been justly proud of our copper and other
mineral exports. The Burra mine, and the Kapunda
mine, have been described as the wonders of the world.
And their produce for the ten years ending 1852, was
valued at a total of £1,934,388, which, with some fluc-
tuations, has been greatly exceeded if we compare the
decennial periods ending 1862, 1872, and 1882, with
the first ten years of the discovery of our copper
deposits. In one year, 1852, the quantity of gold-dust
brought into South Australia by land and sea, the
most part of it being produced by the labor of our
diggers who returned with the fruits of their enter-
prise, and invested their earnings in the purchase of
land and other industrial speculations, could not have
been less than one million and a half of sterlino-
money. If we reflect that this prodigious accession to
the capital of a colony numbering at the close of the
year about 68,GG3 persons, and that this sum may be
estimated clear of out-goings — absolute net profit in
short — for it was brought here or sent here, as the
savings of men who had paid the cost of living exclu-
The Constitutional History of South Australia. 81
sive of this amount, we must be prepared to ndmit
that the prosperity of the colony was advanced in a
greater degree by the influx of gold in one year than
could possibly have been the case by the nearlj^ equal
gross amount of the export of minerals raised in South
Australia in the ten preceding years. The exports of
colonial produce in the form of wool, breadstufts, and
minerals during 1S52, reaching a total of £73(3,899,
afford a measure of the value of the capital invested in
those industries. And these interests suffered greatly
from the temporary withdrawal of their most useful
labor, yet the wages fund of the colony was not drawn
upon by the absent laborers, and thus the disburse-
ments on account of capital invested in such
colonial industries were proportionally saved ;
whilst nature was causing the wool and wheat
to grow. In this way the return labor, accompanied
with a sum in gold bullion, which the Government
Assay Office announced as exceeding in one year the
value of £l,4G2,8oG, more than counter-balanced any
losses sustained by the colony in the non-employment
of the usual labor during the exodus. The value of all
fixed property and also of our flocks and herds was
greatly augmented as soon as the diggers returned ;
and not only was this the case but commerce and trade
revived. The Bullion Act effected all these results,
since it gave a liigh marketable value to gohl-dust, and
in thi.s way brought back our labor in the course of a
few months. The unerring causes which tlie political
6
82 The Constitutional History of South Australia.
economist would fain have invoked as sufficient to
secure the influx of specie and restore the circulation
and exchanges to healthy conditions, would doubtless
have operated to bring about a return to plenty and
prosperity ; but it would have been a very tardy
result. They would have failed, moreover, to bring-
about a return of our labor, which to the number of
18,000 of the best bone and sinew of the colony had
left us, and these men if lost to the colony would have
invested their earnings in the province of Victoria,
whilst disaster would have overtaken one or more of our
colonial banks, and many of our ablest and leading
merchants and capitalists must have taken refuge in
the Insolvent Court. A bold, unusual, and immediate
remedy was called for, and Sir Henry Young and his
executive advisers took counsel of the whole colony,
and loyally yielded to the wishes of the colonists, fully
impressed with the necessity and wisdom of the course
adopted.
The Legislative Council was summoned to a special
session of one day to discuss a single measure. The
Bullion Act, No. 1 of 1852, became law in one and the
same day, and was passed through all its stages in a
legislative body which had come into existence only
the previous year. It was the first fruits of the con-
cessions made by the Imperial Government of
representative institutions. Its great principles
consisted in establishing a market in South Australia
for gold-dust at a fixed price far in advance of the price
The Constitutional History of Sonth Australia. S3
obtainable by the digger from the bullion merchant in
Victoria or A<lelaide ; and in order to induce the sale
the banks were authorised to issue their own notes as
a legal tender in exchange for gold presented to them
to an extent limited only by the amount of stamped
gold ingots received from the Assay Office at a value
fixed by law at 71s. the ounce weight of standard gold.
Standard gold at the royal mint in London contains
22 carats of tine gold to the ounce weight, alloyed with
two carats of copper to harden the gold sufficiently to
render it workable into sovereigns. The minted
sovereign contains 113.001 grains of fine gold, valued
by law at twenty silver shillings ; and the value of a
single grain of standard gold is 2.1238d. nearly.
Roughly, every grain of sach gold may be said to be
wortli 2d. 1 have given these figures becau.se the
Bullion Act was found to require amendment in some
particulars, which I shall presently relate, arising out
of the excessive quantities of gold placed in the banks
in the form of bullion, and other causes. But before I
refer further to the Amending Act, No. 14 of 1852, it
will be requisite to give a naiTative of the working
and effect of the Act which it amended. The first
step taken by the government had been the establish-
ment of an Assay Office in Adelaide, under the control
and management of Mr. B. Ilerschell Babbajre, who
was appointed Government assayer, and furnished with
every requisite and assistance according to his own
«pecifications and conditions. The Assay Office was
Ga
81 The Constitutional Histonj uj South Australia.
opened for the receipt of gold-dust on February 10th,
only thirteen days from the passing of the Bullion Act,
and it continued in full working order till the last
receipt of gold-dust on February loth, 1853, during
which period the total gold deposited amounted to
412,000 ozs. 10 dwts. 14 grs., which valued at 71s. the
ounce, gives £1,402,830 3s. Od. The returns from the
Assay Office now before me show that the first receipt of
o'old into the office was made on February 10th, 1852,
and amounted to 2,910 ozs. 8 dwts. 9 grs. The office being
open two days in every week, gold continued to flow
in for assay. Then followed the establishment of an
overland gold escort service from the Victorian diggings
to Adelaide, which was soon seen to be a useful and per-
haps necessary adjunct to the successful operation of
the Bullion Act, since without it the South Australian
diggers must have sent their gold-dust by Victorian
escort to be shipped at Melbourne for Adelaide, passing
through several hands in its passage to their families.
That the dio-o-ers would have sent their earnings to the
Adelaide Assay Office by sea had there been no land
escort would have been detei-mined by the superior
price which it brought over and above that obtainable
in Melbourne. In Melbourne gold-dust found a market
at from 55s. to 00s. the ounce, whereas in Adelaide the
Bullion Act had raised its value to 71s. the ounce. But
when established, the gold escort, as a means of trans-
port, was naturally preferred by the digger from the
greater reliance placed on the safety of this mode of
The Constitutional History of South Australia. 85
remittance, and takins: all the contino-ent charsfes into
account, on its cheaper transmission. The first gold
brought by Adelaide escort was carried free of charge.
It was afterwards subject to a charge of 2 per cent.,
reckoned at Is. 4d. the ounce; and this was reduced in
May, 1853, to 6d. the ounce. Before the escort service
was projected the Government had resolved on a large
reduction in the members of the police force, as it was
deemed that the inducements for the dio-o-ino-s could
only be counteracted by a greatly increased rate of pay,
which, in the gloomy prospects of the colonial revenue,
it was not considered would be safe or judicious; and
this reduction Avas the less objectionable from the
certainty that the scum and roughs of the colony, havino-
mingled in the general rush, there was less need of a
strong protective police. This reduction at first placed
a difficulty in the way of the Government when it was
proposed to them to undertake the escort service
through the means of the moimted police. However,
this was overruled when in consultation with Mr,
Tolmer, the head of the police force, it was seen
that the first escort, considered as a mere experiment,
could be formed of fewer men than at first was sup-
posed to be necessary. Mr. Tolmer, the head of the police
force, willingly undertook the duty with comparatively
a very- small force, and he was despatched for Mount
Alexander about February 10th. He returned to
A«lelaido on March I'Jth following with o.lljl) ozs. of
gold-dust. Before the return of the escort the data
86 The Constitutional History of South Australia.
furnished by the Government assay er showed that up-
wards of 12,204 ozs. of gold had been deposited in the
office between February 10th and March IGth, 1852,
and during the first quarter of the year the Collector
of Customs reported the arrival by sea of 28,087 ozs.
of bullion. It was evident, then, that gold-dust had
found its way into the colony irrespectively of the
escort, and even before the passing of the Act which
gave it a fixed and superior value, from what sources
or by what route I cannot discover. It may or it may
not have been sent by speculators after the high price
had been ascertained on the passing of the Bullion Act
on January 28th, which is highly probable ; but some
portion may have been sent by successful diggers to
their friends by sea as well as overland. After the
first successful trial of the overland escort that mode
of transmission seems to have been preferred by the
Adelaide diggers, and each arrival brought larger sup-
plies to the Assay Office. The second escort on May
6th deposited as much as 18,001 ozs. 15 dwt. ; the third
brought 28,000 ozs. 10 dwt. Then 24,793 ozs., followed
successively by 80,443 ozs. 10 dwt. and 42,007 ozs.
5 dwt., until on November 20th, 1842, the monthly
produce by escort rose to 43,044 ozs. 10 dwt., which I
find is the largest amount brought in an}' one month
by escort. Eighteen escorts in all continued to deposit
their golden treasures until December 21st, 1853, when
the service was discontinued, as this last escort
brought over on that day only 3,69G ozs. 15 dwt.,
The Constitutional History of South Australia. 87
making up a total of 328,-500 ozs. 19 dwt., equivalent
at 71s. the ounce to a money value of £1,1GG,207 nearly.
I have stated that the total weight of o-old-dust
received into the Assay Office from its opening to its
last receipt on February loth, 1853, was 412,066 ozs.
10 dwt. 14 ijrs., and I find that the escort brouo-ht in
all 328,509 ozs. 19 dwt.— leaving a difterence of 83,556
ozs. 11 dwt. 14 grs., which must have been brought
into the colony by sea to the extent of 29,111 ounces,
leaving from unknown sources 54,445 ozs. 11 dwt. 14 grs.
Some of this may have been raised at the Echunga
diggings. With reference to the rservices of Mr. Tolmer
in command of the escort, I may quote the opinion of
the Chamber of Commerce, who, in their annual report
of July, 1852, say that — " When alluding to this
subject it would be ungrateful not to mention in the
temis of commendation the name of Mr. Tolmer, who
first demonstrated the practicability of the overland
route for the regular transmission of the gold to
Adelaide." As an unbiassed and impartial narrator of
the events I am attempting to describe, I cannot
refrain from quoting the above remarks of the Cham-
ber of Commerce as a just tribute to his zeal in the
discharge of a self-imposed duty.
I have mentioned the state of the colony at the close
of the year 185 1 , which led to the passing of the Bullion
Act. I have mentioned tliat the Act, amongst other
provisions, fixed the value of assa3^ed gold of standard
l»urity at 71s. the ounce, and that a Government Assay
88 The Constitutional History of South Australia.
Office was opened to receive tbe gold-dust and affix its
stamp on the ingots. I have stated that in order to
provide a sure market for the bullion in Adelaide the
banks were authorised to issue their own notes to the
depositor of bullion with them at the rate of the
value of the gold bullion as fixed by law ; and I have
added that an enormous quantity of gold bullion,
amounting in value to £1,4G2/S3G 3s. Gd., was received
into the Assay Office and passed over to the banks to
the order of the owners of the same. It appears
further that our gold-diggers returned to the colony
when they had reaped a sufficient harvest of gold, and
all this I have attributed to the operation of the Bullion
Act. But after a few months' trial it was found that a
serious responsibility had been imposed on the banks in
requiring them to issue their own notes against bullion,
whatever the quantity offered to them by the owners, so
that a paper circulation was set afloat beyond the
necessities of trade ; and the notes, although made a
legal tender between third parties, could not be used
by any of the banks as a legal tender in pajmient of
their own liabilities. The ino-ots were inconvenient as
a means of payment in ordinary transactions, and it was
a source of complaint that on the expiry of the Act,
which had only a duration of twelve months, the banks
would be compelled to redeem their engagements in
specie, when, perhaps, they had not time for the
exchange of the ingots the}^ held into coin. The
Chamber of Commerce in their annual report for 1852
The Constitutional History of South Australia. 89
published, as I have before stated, in the beginning ot
August, a carefully-considered state of the colony under
the operation of the Bullion Act, and finally agreed to
present a memorial to the Governor tendering their
advice under the circumstances. The memorial set
forth—
"That in consequence of the qnantitj'of gold brought into the province
so far exceeding in amount the most sanguine expectations entertained
at the period of passing the Bullion Act, the circulating mediiim of the
several banks has been already found insufficient to meet the demand ;
that such demand continues to increase with great rapidity, and .your
memorialists have recently felt much and apprehend still greater incon-
venience in consequence of the amount of gold exceeding the means if the
banks to provide to an adequate extent the notes or sovereigns requisite
to meet the obligations created by that Act. That your memorialists con-
sider that the issuing by the Assay Office, in exchange for rough gold
there lodged, of pieces or ingots of gold of a uniform standard, and of a
size and character adapted for a circulating medium, and made by the
authority of your Excellency and the local legislature a legal tender in
all business transactions, would materially, if not altogether, relieve
trade from the existing inconveniences to which it is subjected, and the
banking establishments from the onerous responsibility of immediately
importing sovereigns to meet an extent of circulation which has already
far exceeded all previous expectations, and which it is certain to be still
more largely and beneficially increased, provided the suggestion now
respectfully submitted to your Excellency be speedily adopted."
This memorial was presented by Messrs. Bentham
Neales, Hare, and Younghusband, and was signed by
twelve of the elected members of the Lemslative
(^'ouncil, by the managers of the Union Bank and South
Australian Banking Company, and by 100 of the
leading colonists. A document so important and .sO'
inHuentially signed demanded and received the prompt
attention of Sir Henry Young. The same afternoon
90 The Constitutional History of South Australia.
the Colonial Secretary replied to ^Ir. Neales in the
following terms : —
" Colonial Secretary's Office,
" July 30, 1S52.
" Sir — I have the honor by the Lieut. -Governor's directions to
acknowledge the receipt of a memorial this day submitted to His
Excellency from certain members of the Legislative Council, bankers,
merchants, and others, prajdng for an issue of gold ingots of a uniform
standard, and of a size and character adapted for a circulating medium.
In reply I am directed by the Lieutenant-Governor to intimate to you
that, in compliance with the prayer of the memorialists, ingots assayed
and stamped deliverable at the banks to the order of depositors of gold-
dust in the Assay Office will at as early a date as may be practicable be
delivered in future by the Government assayer at the banks in tokens
of uniform values at the legal rate of £3 lis. per ounce. These tokens
will be made so as to be capable of being guaged by weight and measure,
and— like the ingots hsretofore issuable — are a legal tender at the banks
under the present law. I am instructed to observe that this is a measure
in His Excellency's judgment, and that of his Executive Council, not only
legitimated by the provisions of Act No. 1 of 1852, but naturally resulting
from the notorious fact that the harvest reaped by i~"outh Australian
industry and enterprise from the goldfields of the adjacent colony has
proved very much larger than was at first conceived to be possible. It
is a measure of relief to the local banks from demands for an inconvenient
issue of notes in exchange for ingots. It facilitates the substitution of
of token ingots of uniform value calculated at the legal rate of £3 lis.
jser ounce of standard gold in lieu of bank notes ; and it is calculated to
promote the satisfactory operation of the Bullion Act to its final end ou
January 2Sth next ; assisted by a supplementary Act to authorise
the banks to pay their liabilities in bullion for such further period after
the expiration of the Act as may appear to be requisite for their
jtrotection. Moreover, this measure will tend to develop in the present
Assay Office that practical skill and experience which iii case of future
need, arising from the absence of a Royal Australian Mint, might fit the
Adelaide Assay Office to meet the demand for a metallic circulating
medium in this colony, and give to its inhabitants the same facilities for
the conversion of bullion into currency which they would possess if not
removed from the parent State. This important object, if it should
become necessary to provide for it by future legislation, can most con-
veniently be effected by an Act distinct and separate from the Bullion
Act. — I have, &c.,
" B. T. FINNISS, Colonial Secretary.
" To J. B. Neales, Esq., M.L.C."
The Const It ntio7ial History of South Australia. 91
The Supplementary Act mentioned in the Colonial
Secretary's letter, although prepared and in print,
was not laid before the legislature, as it was found
unnecessary at the passing of the Minting Act,
as I consider No. 14 of 1851 may be called. Not
only had Sir Henry Young to meet the conditions
stated in the memorial of July 30th, but there
seemed a great probability that South Australia
was a gold-producing region, and that our diggers
might find employment at home without resorting
to Forest Creek and Bendi^ro. A man named
Chapman claimed the reward of £1,000 offered by
the legislature for the discovery of gold in pacing
quantity in our own colony. Other claimants had
also put in an appearance as discoverers of the precious
metal in other localities. As Chapman's discovery was
found to be of real importance from the specimens and.
other testimony to his truthfulness adduced. Sir
Henry Young des[)atched the Colonial Secretary to
verify his statements, and that officer left Adelaide
on August 24'th to view the reported goldfields. His
report is here given. It was dated August 2.)th, lSo2,
and ran as follows : — " Sir — I have the satisfaction to
be enabled to report to Your Excellenc}' that I left
Adelaide yesterday morning, accompanied In- Captain
Freeiing (Surveyor-General;, and guided by a man
named Chapman, wlio lia-s put in a claim for the
reward of £1,000 offered by Government for the
discovery of a profitable gold-fieM in South Australia,
92 The Constitutional History of South Australia.
Arrived about 2 o'clock at a spot in the stringy-bark
forest, neai'ly two miles l)eyond the bridge over the
Onkaparinga — at Wai'land's public house. There in
sthe presence of many persons I witnessed the washing
of several tin dishes of surface soil taken indifferently
from various places ; in all except one gold-dust was
obtained. I tilled a dish myself, making a selection of
the spot away from where any other person had been,
and ou the earth being washed gold-dust was obtained.
I then requested three men, of whom Chapman was
one, to take the earth from any place of their own
selection and wash until they obtained an ounce of
gold ; this was accomplished in less than an hour with
no other appliances than one spade and three tin
dishes. I am quite satisfied that the soil for some
acres at least is highly auiiferous, and that then^ is
every probability of this becoming a profitable
workin"'. As countrv of a similiar formation extends
to a considerable distance to the north, and stretches
away to the south towards Encounter Bay and Cape
Jervis, it is not unreasonal)le to suppose that goldfields
may be discovered in other places — probably also on
Kangaroo Island. The formation at the goldfield upon
which I am reporting consists of sand, quartz, and
ironstone in a state of gravel, resting immediately on
clay with a rocky substratum of sandstone. As this
formation is indicated in this province generally by
the growth of the stringy -bark tree I am induced to
believe that all our stringy-bark forests will be found
The Constitutional History of South Australia. Oo
auriferous. Mr. Bonney, the Commissioner of Crown
Lands, joined me on the ground, and I left him with a
small party of police and a surveying party. He was
issuing licences to dig for gold when I left at half-past
5 o'clock on the same day, and nuniLers of diggers
were preparing to take out licences this morning,
which will fully test the value of this field. I am not
able to state with certainty whether the spot where I
saw the gold raised is private property or belongs to
the Crown, although I believe it to be Crown property.
The party of surveyors will ascertain the fact to-day,
and I have directed Mr. Bonney to send in a special
report to-morrow of the result of to-day's operations. —
I have the honor to be, &c., &c., B. T. Finxiss. P. S.
— The distance from Adelaide is about twenty-two
miles, and the goldtield is intersected by the main road
to the south-east. B. T. F." It has been impossible to
ascertain the amount of gold raised at Echunga, as
the diggers were cautious of reporting their success in
order not to induce competition.
Thus with the possibility, almost amounting to a
probability, that goldfields might be worked in South
Australia the necessity of passing some amending
Act to protect the banks and provide for a metallic
currency became more urgent. The Governor therefore
for the moment enlarged the sphere of his advisers and
took into his counsels by special inxitation all the
nominated members of the Legislative Council and
two of the managers of bankinrc establishments. A
94 The Constitutional History of South Australia.
meeting of the Executive Council was summoned on
September 6th, 1852, at which there were present the
Lieutenant-Governor, the Colonial Secretary, the
Advocate-General, the Surveyor-General, the Collector
of Customs, the Colonial Treasurer, Mr. Grainger,
M.L.C., Mr. F. Button, M.L.C., Mr. Gwynne, M.L.C.,
Mr. Tinline, and Mr. Blackwood. The existing com-
mercial situation was fully discussed, and it was
unanimously agreed that in view of an address from
the Legislative Council, in which that body had already
requested the Governor immediately to make and issue
money tokens to replace the bullion ingots, and of the
fact that some time was required to prepare the Assay
Office to undertake new duties demanding o-reat
mechanical skill, the introduction of the proposed new
measures into the legislature might be safely delayed
until a later period of the session, with the additional
advantage that it might be rendered more perfect by
information expected from England, Mr. Tinline and
Mr. Blackwood placing full reliance on the Governor
to introduce a Bill at the proper time to protect the
banking interests, agreed in the expediency of the
delay suggested. Sir Henry Young then urged forward
the preparations for the conversion of the Assay Office
into an establishment for the making of o-old tokens,
and shortly introduced a Bill into the Legislative
Coiincil providing that stamped gold should be a
legal tender, in token pieces of the value of £5, £2, and
£1. The Bill after passing through all its stages
The Constitutional History of South Australia. 95
became law on November 23rd, 1852. At this date
the circulation of notes by the several banks had
increased to £oG7,010. Their specie was £158,157
IGs. lOd.; and the bullion held by them amounted to
£1,052,286 2s. Id. For the week ended March Sthor
the same year the average of notes in circulation was
only £83,908 6s. 8d. ; the coin, £07,272 18s. 9d. ; and
the bullion, £2,038 4s. 5d. If the reader will compare
these results of nine months' transactions he cannot
but consider that the colony had emerged from a
perilous position to one indicating a plethora of gold,
but a most inconvenient disproportion between the
paper and gold circulation. The conversion of the
bullion into a manageable metallic currency was
evidently a great measure of relief, and I find that on
February 8th, 1853, the Assay Office had issued
18,402 stamped tokens representing specie, and that
28,090 ounces of gold remained in the office in process
of being converted into tokens, the money value of
which would be about £101,849. The Assay Office
was finally closed to the receipt of gold on
February 15th, 1853, in consequence of the diminished
quantity tendered for assay and stamping, which had
then fallen short of 4,000 ounces in four consecutive
weeks. Care had been taken in the manufacture of
the local gold tokens that sufficient gold of standard
fineness should be used to increase their value beyond
that of the Imjjerial coinage by Is. lOd. iu each token,
representing £1 sterling. The goM-dust in the Colonial
96 The Constitutional History of South Australia.
Mint was alloyed Avith silver instead of copper, as
used at the Royal Mint. This added slightly to
the value of the token, so that each token of £1
may be said to have had a value of 10 per cent, more
than the Imperial sovereign. The effect, as was intended,
was that until a sufficient importation of specie they
took their place as a convenient metallic circulation in
all business transactions, and were speedily replaced
by the Imperial coinage; and thus the Bullion Act,
with its amending Act and the Assay Office, having
done their duty in restoring public and private com-
mercial confidence, and in securing the return of the
greater number of South Australian gold-diggei"S, the
Acts disappeared from the statute-book of abiding
laws and have become matter of history. And here in
conclusion of this chaptei- I venture to express the
suggestion that a few of the gold tokens should be
purchased and preserved in our colonial museum as a
record of the Soutli Australian skill and resource in
times of unexampled difficulty. Coins and medals are
amongst the most enduring records of historv, and
have served in times past, and still serve when any
fresh discovery is exhumed from ancient ruins, to re-
cover dates in the order of events lonq; since forgotten
which even inscriptions on monuments of the hardest
stone, apparently imperishable, would have failed to
establish. Before I close the rule of Sir Henry Young
the task yet remains before me of relating the opening
of the River Murray to navigation, the effects of the
The Constitutional History of Soiitli Australia. 97
Russian war in giving rise to our defensive institutions,
and the struggle for responsible government loyally
supported by Sir Henry Young, when in the year 1853
he brought before the Legislative Council a measure
to secure that object called the Parliament Bill.
We have only to examine the Index Book of our
Ordinances and Acts of Council to perceive that the
five years ended in 1854, inclusive, were years in which
many of the legislative measures on which the progress
of the colony is based were introduced, and by being
passed into laws mark that period as one of the most
fruitful in developing our material resources. Whilst
social and moral conditions were not overlooked it is
evident that physical and material phenomena com-
manded the foremost consideration in the minds of the
governing powers. Railway accommodation occupied
a large share of attention, and the colonists were not
Ijehind in appreciating the extraordinary discoveries
and useful application of steam as a motive power. In
England, the first of the European powers to adopt
steam communication l>oth by sea and land, the country
and parliament were about this date excited to the
utmost tension ; the first, by the efibrts of railway
companies to secure the best lines of transit for
themselves ; and the latter in protecting the interests
of the public against a threatened monopoly of profit.
It was, however, by slow degrees and cautious resolves
that the Legislative Council could be moved to adopt
and sanction tlie views of tlie Government. It was
98 The Constitutional History of South Australia.
not altogether because the principle was objected to,
although there were some conservative minds who
objected to railways because they were a disturbance
of the existing order of things, and threatened to
supersede bullock-drays and horse teams in the
conveyance of produce. But local interests took alarm,
especially amongst the wharf proprietors of Port
Adelaide, who had recently associated their interests
by the formation of the Port Land Company. These
Port proprietors, who, by judicious selection of their
land, and investments in wharfage accommodation and
storage, had obtained a monopoly of harbor profits,
were unwilling to permit their prospects to be endan-
gered by any extension of shipping accommodation to
the deeper water at the North Arm, as it was then
called, of the harbor, as was proposed by Sir Henry
Young when he introduced and carried through his
Nominee Legislative Council on February 19th,
1850, an Ordinance for making a railway from the
City to the Port of Adelaide, with branches to the
North Arm. Sir Henry and his Executive Council
were influenced in their views by the fact that the
water in front of the Queen's Wharf, where the
principal ships discharged and received cargoes, was so
shallow at that time that vessels lying alongside the
wharf took the ground at low tide, and were, moreover,
impeded in their passage up the river to their final
moorings by a shoal in front of Torrens Island, called
the inner bar where they sometimes took the ground,
Tlie Const ihitional History of South Australia. 99
or were obliged to wait for the tide. The removal of
the inner bar, was commenced by Sir Henry Young, as
necessary to the proper navigation of the river, which-
ever terminus might be adopted for the Port railway
Ship owners and masters were loud in their complaints
oftheinsufficient water accommodation. I do not deem
it of any importance to give the arguments on which
Sir Henry Young based his policy on this question,
because the full power of local interests was brought
to bear against it, and the extension of the railway to
the deep water then to be found inside the North Arm
reach was successfully combated. A private ordinance
was passed on March 5 th of the same year to
guarantee to a company called the Adelaide City and
Port Railway Company certain divisible profits. Both
these ordinances, however, were held in abeyance,
owing to the opposition alluded to, until a later period,
when Sir Heniy Young was enabled to submit the
whole question to a partly elective Legislative Council,
constituted on Februarj'- 21st, 1851, which I have
already given an account of. Then with this new
legislative body, of whom two-thirds were elected
members, he submitted another scheme, in which,
yielding to the expression of opinion by his new
advisers, and to allay all suspicion as to his desire
to act in accordance with their views, he gave
his sanction to "An Act to Authorise the Appointment
of Undertakers for the Construction of the Adelaide
(Jity and Port Ruilway," on October 1st, 1.S51.
7a
100 The Constitutional History of South Australia.
The necessary funds to proceed with the work were
subsequently voted and placed under the management
of this executive body on November IGth, 1852.
Further funds were provided in December, 1853. And
Sir Henry Young, intent on extending the railway
system, which he had inaugurated, proposed and passed
through the Legislative Council, "An Act to Authorise
the formation of the Adelaide and Gawler Town
Railway, and to Provide for raising the Money re-
quired for that Purpose," to which he gave his assent
on December 16th, 1854, on the eve of his departure
from the colony.
Sir Henry Young was the first Governor who
instituted the railway system of South Australia, and
provided for the construction of certain lines by loans
negotiated in London, thus initiating the national debt
of South Australia, which, in 1854, was limited to
£135,000, borrowed at G per cent. The population at
this date was only 92,545 persons, and the credit of the
colony on trial. Hence the rate of interest offered was
high to tempt purchasers of our first bonds, and care
was taken to provide for the payment of the
principal by permanent acts of aj)propriation for
their gradual liquidation. The public debt au-
thorised during the administration of Sir Henry
Young amounted to £400,000 for railways, including
the Port and Gawler lines ; and, in addition,
for improvements to the harbor of Port Adelaide, a
further sum of £100,000 ; the total debt authorised
The Constitutional History of South Australia. 101
during his administration was thus £500,000. Tliis
governor may, therefore, be considered the father of our
locomotive railway system, since the construction of
the works was provided for in his Acts of Council,
although they were only in the initiative stage when
Sir Richard MacDonnell arrived. In his valedictory
speech to the Parliament on December 3rd, 18G1, on
its prorogation Sir Richard reminds the Houses that
when he landed in 1855 there was not a mile of railway
opened in the colony; yet there were when he was
addressing the Legislature fifty-seven miles of railway
in use. The battle of locomotive railways against
tramways was fought and won by Sir Henry Young,
and the financial measures were passed by him. By
yielding loyally to the wishes of his Legislative Council
and abandonincr his scheme of makino; the North Arm
the terminus of the Port Railway, he succeeded in
inducing his Legislature to promote the locomotive
railway system as far as Gawler Town before he
surrendered his government. Still further to assist in
the improvement of Port Adelaide, Sir Henry Young,
as soon as the finances of the colony, benefiting by the
prosperity that followed in the wake of the importation
of gold-dust and the return of the successful diggers,
justified hhn in taking sucli a step, introduced and
finally gave his sanction to an Act passed on
December IGth, 1854, for the appropriation of the sum of
£100,000, to be raised by loan, for the deepening and
improvement of the iiarbor. Thus Sir Henry Young
102 The Constitutional History of South Australia.
initiated the railway system in South Australia, which
was soon to be adopted throughout the length and
breadtli of the land. A great effort was at first made
by Mr. John Baker, Mr. Thomas Keyaolds, and
conservative members, to substitute horse tramways
for the more elaborate system which was thus
inaugurated, but the attempt failed after much dis-
cussion in a more advanced parliament. The electric
telegraph, a necessary adjunct to a system of locomotive
railways, was another of the improvements, adding
then and since to our material progress, which Sir
Henry Young left as a legacy to South Australia.
The incorporation of the Trinity House of Port
Adelaide was effected on October 22nd, 1851, upon
which basis the Marine Board of the present day
has been since constructed. Fully alive, also, to the
social and moral advancement of the colony, and, at a
time men's minds were disturbed by the approaching
disquietudes arising out of the gold discoveries in
Victoria at the close of 1851, Sir Henry Young prepared
and passed into law " An Act to promote Education in^
South Australia by aids towards the erection of Schools.
and the payment of stipends to Teachers." This
measure, No, 20 of 1851, was undoubtedly a great-
advance on the previous system of education,
and ultimately, from its liberalising and secular-
ising tendencies, gave rise to the question of
Bible reading and teaching, which later occupied
so prominent a position in controversal disputation ;:
Tlie Constitutional History of South Australia. 103
the differences of opinion being, whether Bible readino-
should be compulsory or permissive; and, again,
whether Bible reading should be taken in connection
with Bible teaching in State schools.
I shall content myself in this place with giving full
prominence to the Act of Sir Henry Young, which
appears to have been satisfactory to the several
religious bodies in the Province until the torch of
discord was lighted up by Bishop Short, when, in his
pastoral address of 1880 to the Anglican Synod, his
Lordship, under the head of "Secular State Education,"
is reported to have said : " That question is, how far a
purely secular system of State education will tend to
form the future moral character of the ' million.' I
have been at pain.s," his lordship said, " to look through
the series of elementary spelling and reading books,
and I am bound to say that in many pretty stories
they do inculcate the fear and love of God, as well as
the morality of the ten commandments ; of Gospel
revealed truth, however, I failed to see more than
casual notice ; I did not observe the name of Jesus
once introduced. Our State education then, if thoistic,
is not Christian ; so that after nineteen centuries
we can only say that the civil power, though not
persecuting the church, is decidedly neutral as regards
the claims of the Gospel. It is riglit that the Christian
people of this Colony should clearly understand how
tlicir rulers have legislated in regard to Christian
education. Tlic Roman Catholics, I repeat it to their
104 The Constitutional History of South Australia.
praise, have resolved that, with respect to their
children, elementary secular education shall not be
severed from relioious doQ-matie teaching. The
Christian Brothers and the Sisters of St. Joseph, with
admirable zeal and self-denial, undertake the task of
supplying the young members of their Church with
combined religious and secular education. The other
portions of the Christian community, although glorying
in their Puritan descent and allegiance to the inspired
Word of God, nevertheless, with singular inconsistency,
boast that they have fought and won the battle of
secular education — that is to say of ignoring the
Gospel in State education. With few exceptions
such as the Pulteney-street School and St. Paul's
School, those at Walkerville, Yankalilla, Morialta, and
St. Peter's Collegiate School, the State system has
become, I believe, all but universal. What is the
cause ? Unquestionably the sinful divisions of the
Church of Christ — the various religious bodies under
different denominations stand apart. Certainly it is
not the mission of the Civil 'poiver to make knoivn the
Gospel to 'the lambs of Christ's flock;' yet so far as
'practicable it is luisdom to give help to its being done*
Sound religious teaching will repress crime and prevent
vice; but how shall the children hear it without a
teacher ?"
If I were writing the history of the present time in
* Which means the Church is to teach with aid from the State.
The Constitutional History of South Australia. 105
South Australia, perhaps I should feel it part of my
task to review the effects of this pastoral address, and
to note the various societies and contentions that have
arisen out of it, but I desire to take events in their
order. Yet, as I am giving an account of Sir Henry
Young's educational measure, I cannot but remark
that in this cpioted address of Bishop Short, an
Anglican Bishop, I place before my readers the opinion
of the highest church dignitary on the working of that
Act, and it contains the basis of the action taken in
the formation of the Bible in State Schools Society,
which I shall equally avoid reviewing on this occasion.
Sir Henry Young's Act was intended to quiet
down religious discord by presenting to the people
of South Australia a measure securing for their
children " a good secular instruction based on the
Christian religion, but apart from all theological and
controversial differences on discipline and doctrine."
This principle, printed in the preamble, silenced all
opposition to the measure on its passage through the
Legislative Council, in which sixteen elected members
out of a total of twenty-four members — eight of them
nominated by the Crown — fairly represented the voice
of the people. That this Act, No. 20 of 1851, which
became law on December 20tli, 1 851, was adapted to the
requirements of tlie cojumunity at the time the absence
of all protests against its operation shows ; ami that it
has proved a great succees is evident from the testi-
mony of Bishop Short as to the universality of its
106 The Constitutional History of South Australia.
adoption. Let me give some details of its working.
In the year 1850, previous to its introduction, there
were only 1,8G7 children attending G4 schools ; in three
years — that is, at the end of 1854 — the scholars had
increased to 5,464 tauo-ht in 125 licensed schools.
' CD
And if I extend the comparison twenty years in
advance it will be seen that the schools which, in 1854,
amounting to 125, were educatino- 5,4G4 children out of
a total number in the colony, say 13,653, between the
ages of two years and fourteen years, had in 1874
increased to 320, and the scholars to 17,426, the number
of children of the aofes mentioned consisting then of
29,230 individuals. In short, the proportion of
children attending school to those requiring education
but not sent to school was in 1854 nearly 41 per cent.^
and in 1874, 60 per cent. The system was sufficiently
popular, and it is to be observed that I have included
in the summation of children not sent to school those
whose tender age was little short of that of infancy
and those under fourteen years of age ; so that the
proportion of children whose parents did not avail
themselves of the facilities afforded by the government
schools is really less than I have stated. In upholding
this Act, which was amended in 1875 and 1878 by a
more comprehensive system, in which the principles
advocated out of doors were formulated in the words
" secular," " free," aud " compulsory," and given effect
to in our Parliament, which then and now is really a
people's Parliament, it was believed that the basis of
The Constitutional History of Sonfh Australia. 107
Sir Henry Young's Act had been carefully preserved,
and the interest taken in education, as the paramount
duty of the State, was evinced by endowing the school
board with lands, to be increased with every public
land sale, so as in the course of time to provide funds
which, if not making the system self-supporting
without taxation, would at least lessen the charges on
the general revenue. I might be expected to give
the arguments which impressed the minds of the
supporters of Sir Henry Young's Act, so safely and
successfully carried through the Legislative Council
under the writer's charge as Colonial Secretary and
leader of the House. Its non-sectarian character was
its chief recommendation. The predilections of those
who supported the measure were in favor of religious
freedom and toleration. They had imbibed a lively
appreciation of the evils of church domination, and
could not fail to see that spiritual ascendency meant
persecution for conscience sake and an intolerant
interference by the clergy in civil matters. After
nineteen centuries it appears (as Bishop Short observes
in his address, which I have quoted) " that we can
only say the civil power, though not persecuting the
church, is decidedly neutral as regards the claims of
the Gospel." His lordship implies a severe censure on
the civil legislature when he adds " that the Christian
people of this colony should clearly understand how
their rulers have legislated in regard to Christian
education." There is something of the old intolerance
108 The Constitutional History of South Australia.
in this censure. It is the same old story over again.
The use by the bishop of the words "nineteen centuries"
reminds me of the historical fact that duringf the
greater part of that period, say for more than a
thousand years, the education of the people was
•entirely under the control of the clergy, and what has
been the result ? We have no longer persecution and
penalties for conscience sake ; but we know not what
might happen if any religious body, whether under
the name of the Church of England or of any other
denomination, obtained that ascendency over the civil
power which once characterised the State churches in
England. And we do know, that whilst the education
■of the masses lias been entirely in the hands of
the spiritual powers during more than ten centuries,
scientific studies have been almost entirely ignored in
all our schools until now, and science itself regarded
with suspicion and distrust both by the clergy and the
middle classes as supposed to tend towards religious
enquiry and Biblical criticism. Observe what words
Bishop Moorhouse, of Melbourne, uttered when
addressings a meetino- of the teachers of the Church
of England on the subject of religious instruction in
State Schools. He is reported to have said — " The
matter was one of life and death, and there were
influences at work in the world which, unless counter-
acted, would bathe the earth in blood. He alluded
to the terrible doctrine of Materialism, to which he
.attributed the bloodshed of Fenianism, Nihilism,
The Constitutional History of South Australia. 109'
Socialism, and Communism, and which doctrine was
now invading the population of Victoria, and from
which he called upon his hearers to protect their little
ones." This was said so late as May 28th, 1888.
Denunciation is but a sorry argument ; but we are
impelled to ask what toleration for scientific thought or
religious freedom can be expected from such teaching.,
I cannot suppose Dr. Moorhouse is ignorant of the
meaning of Materialism. It is but a view of human
and cosmical phenomena which every student of
nature and her operations must know something of, or
he can scarcely be up to the standard of modern
education ; and it is the province of science tO'
interrogate nature by experimental investigation
and experimental research, and to follow wherever
sound induction may open the door to truth.
Without such investigation and study the greatest
discoveries of modern times would have been lost to
mankind. We should have had neither railways, nor
steam fleets, nor gas and electric lighting for our
houses, nor could we transmit thought and language
over the earth through the telegraph and the telephone
in as many minutes as months under the reign of
ignorance. Would Dr. Moorhouse have assisted the
bishops in 1G<J2, opposed the institution of the Royal
Society in London, lest it should destroy the established
religion, injure the universities, and upset ancient and
solid learning ? Yet these material results are but the
fruits of its incorporation. Why, iluring the manifold
110 The Constitutional History of South Australia.
• centuries of spiritual domination did not the church
succeed in accomplishing " sound religious teaching,"
which, according to Dr. Short, " will repress crime and
prevent vice?" In such case, civil Governments would
not have needed at the close of the nineteenth century
to take the cause of education into their own hands in
order to give to the human intellect its full measure of
political and social development. In the pursuit of
knowledge, verifiable through physical experiments,
men can travel on the safe road that leads to truth,
altliough the spectre of Materialism sliould rise up to
■confront the daring enquirer. Not so, however, can
religious teaching be followed ; and what is the cause ?
To use, without adopting the reply of Dr. Short,
" unquestionably the sinful divisions of the Church of
Christ ; the various religious bodies under different
denominations stand apart." And yet we ought to
be careful lest, if we cast upon the Government the
responsibility of paying its teachers to teach religion
and explain the Bible, we also throw upon the State
the onus of determining where religious truth is to be
found. There is a conservative party ever active and
ever intent on preserving and retaining old theories,
■old doctrines, old traditions, because they are old, and
are therefore supposed to contain the superior wisdom
■of our ancestors ; as if each generation as it moves
is gradually receding into ignorance and barbarism
instead of profiting by the thoughts of the past and
transmitting its own improvements for the benefit of
The Constitutional History of South Australia. Ill
ihe coming generation. Such men, holding by the
past, would stop all progress, and are thus not fit to be
the teachers of the living. How will they explain to
" our little ones " the mysteries of inspiration except
in the language of the denomination to which they
belong. These difficulties were all met in the principle
of the Education Act of Sir Henry Young and in that
of 1875, which is yet the law of the land.
I could scarcely without these remarks do justice to
the educational measure which from the year 1851 to
1875, and later still to 1878, worked in harmony with
the wishes of the great mass of the people, and has
certainly had the effect of instructing the rising
generation in the elementary principles of knowledge,
thus enabling them to complete in mature years,
through the perusal of books and of able leading
articles in the press, both of the colony and of the
mother country, a course of education without which
a State must give up all hopes or expectations of social
and material progress. The well-to-do classes were
provided with the means of educating their children
at an earlier period, when St. Peter's College was
established in the year 184-8, through the exertions
of several gentlemen who subscribed towards its
incorporation and otherwise assisted in promoting its
success. Amongst these Dr. Short, the Anglican Bishop
of Adelaide, deserves to be recorded for his eminent
services in the orfjani.sation of this the first advanced
school, and also the name of Mr. William Allen as a
112 The Gonstihttional History of South Australia.
munificent contributor to the funds requisite to give
stability to the endowment. I am unable to mention
the amount of his contribution, though his liberality
was acknowledged in graceful terms by Sir Henry
Young when he officially attended the inaugurating
ceremony. It was subsequently imitated by the Rev.
James Farrell. The interests of the higher education
continued to be developed in times nearer our
own in a way which, without anticipating, I cannot
now do justice to, but must reserve for others
to describe, should my own efforts not enable me to
reach the more recent periods of South Australian
history. I must, however, make mention of some
really great undertakings for so small a community
which even now scarcely exceeds 300,000 persons. And
whilst omitting many superior schools for boys and
girls maintained by private persons, that show much
the advantao-es of sood education have been all along
appreciated in South Australia by a population engaged
in a continual struggle to improve their material
condition, I cannot but record that in 1855 the South
Australian Institute became incorporated, followed in
the year 1867 by the foundation of the Prince Alfred
College under the auspices of the nonconformist bodies,
and soon supplemented by the establishment in 1876 of
an Adelaide University under the munificent endow-
ments of Mr. Hughes, the leading proprietor of the
Moonta copper mines, and of Sir Thomas Elder, whose
family name is intimately connected from very early
The Constitutional History of South Atistralin. 113
times with enduring exertions in the cause of the
progress of South Australia. It remains now for the
Parliament of South Australia, with its enlarged powers
of usefulness and an increasing revenue, to complete the
edifice of State education b}^ some practical measure
whereby children of the poorer classes, who may
manifestly display ability and genius in the elementary
schools, may be assisted to continue their efforts until
they reach the higher education afforded by the Uni-
versity. The moral philosopher will study with interest
the account I have set before him of the progress of
social science, in a comparatively new community, with
but a limited population, as evinced in the care which
has been bestowed on the education of the risino-
generation.
How different this result from the course of
civilisation in the kingdoms of Europe that arose out
of the ruins of the fabric of Roman cjroatness. There
the struggle with the powers of darkness was slow, and
for centuries almost indiscernible. It was the iron asre
of Europe — might against right. Ignorance was
fostered as necessary to the submission and devotion
of the enslaved masses of the people by a warlike and
ferocious aristocracy and a luxurious religious hierarchy,
wallowing in wealtli, and living in splendor, the fruits
of large landed possessions acciuired through the bigoted
superstition of ignorance. I need only refer to
Hallam's " History of the Mid<lle Ages " in support of
these statements. Even in England, which from its
8
114 The Constitutional History of South Australia.
insular position was in some sort more independent of
the social disorders of the Continent of Europe, and
inhabited by a race always prone to assert its love of
freedom, the progress of civilisation was marred by
ignorance and want of scope for the development of
learning and intellect. Hallam observes "that in
tracing the decline ot society from the subversion of the
Roman Empire we have been led not without connection
from ignorance to superstition, from superstition to vice
and lawlessness, and from thence to general rudeness
and poverty." The veil of ignorance was but slowly
uplifted. The great schools of Winchester and Eton
were founded — the first in 1373, and the last in 1432.
The University of Oxford is said to have been founded
by our English King Alfred, but it was not until the
rei<^n of Henry II. that it became a flourishing focus of
education, and in 1201 it contained 3,000 scholars.
Cambridge was not incorporated as a seat of learning
until the year 1231. During the thirteenth century two
or at most three colleges existed at Oxford, and but
one at Cambridge. But the educational system at those
Universities was chiefly theological and in the interests
of the church. It had not attained the universality
and liberalism of the course now followed, and the
system pursued in the minor schools throughout
England, chiefly in the hands of the parochial clergy,
left the masses in deplorable ignorance. When we
compare this state of things with the condition of the
British colonies on the eve of the close of the nineteenth
The Constitutional History of South Australia. 115
•century as to educational progress we cannot but feel
admiration for the wonderful advance from the struofo-les
and difficulties of the past to the easy steps by which
these colonies have attained their present position of
moral and intellectual culture. The cause is easily
explained in the fact that we left the parent State
when she was in the highest state of civilisation known
in the world, and brought with us all the principles and
appliances which so grand a civilisation placed at our
<lisposal. We left the shores of England when political
and religious freedom were fully attained and under-
stood. Our rulers, influenced by the public opinion
which was already formed in the colony upon advanced
models, assisted us to perfect our social organisation,
and we have only to keep steadily abreast of the
phenomena passing in Europe, of which steam com-
munication and the telegraph afford us ample
information, to build up in the future an order of States
that may be worthy to vie in greatness with those from
which we boast our descent. And in the race let us
never forget that if we do but cultivate the tree of
knowledge we shall reap its fruits in the enjoyment of
the greatest measure of happiness of which our nature
is capable. I have undertaken to write the history of
South Australia as far as my lights permit me in a
philosophical spirit, so as to trace the evolutionary
force that connects all events rather than to content
myself with being only a compiler of those events in
their dry chi'onological order, a .system which may now
8 a
IIG The Constitutional History of South Australia.
be handed over to the labors of the statistician, since
the peaceful progress of civilisation affords special
facilities for tabulating- the results of human effort.
And under this view of my self-imposed task, I have
avoided as mtich as possible attiibuting events to
individuals. In free states masses of men by united
action, as in societies, joint stock companies, and other
combinations for special objects, produce events and
changes which in despotic governments are attributable
to the rulers of such countries, who use their subject
populations as the tools of .their own will. I have not
lost sight of this distinction, and find that impartiality
is better secured and the bias of opinions and political
considerations avoided in so doing. But I should
imperfectly fulfil my intentions if I were not to draw
the reader's attention to the results which my own
judgment, following the laws of induction and deduction,,
permits me, and indeed requires me to trace to their
proper conclusion. With respect to the question of
education which has occupied so much of my space I
am bound to observe that the moral philosopher, the
physiologist, and the psychologist must each be
consulted before we can realise its full meaning and
sicfnificance. The new-born infant begins its education
with its first breath. It has to form and perfect its
sensations by. repetitions and experiences. It cannot
walk without many efforts, each of which must require
memory, the gift of the improved organisation of the
race. It cannot acquire complete visual powers without
Tlie Constitutional Historij of South Australia. 117
memory of what is first presented to tlie retinal nerve.
By the help of its sense organs it acquires ideas which
are images of past events, and by the help of ideas it
learns to think. Objects presented to any one of the
organs of sense, without the activity of memorj^ could
only create indistinct and confused images. Since
sensation precedes thought and intellectual action, the
knowledge of the child is entirely objective, being
acquired from nature and life around it. This, then, is
the period for perceptive teaching — for storing the mind
with objective knowledge. But desires arise out of
vital conditions, inciting to repair the waste and effect
the changes of the tissues which commence with life
itself; and the desire or appetite for food stimulates
the exercise of the faculties necessary to procure it.
Our first education is thus acquired in the pursuit and
attainment of food for the body, and mental desires
follow. The savage of Fiji and the Red Indian are
limited in their desires by the necessities of their race
and condition. Their children begin their learning by
observing the acts of their parents and tribal
companions. They ascertain what is valued by the
adults around them, such as warlike prowess, skill in
hunting and fishing, and love of adornment. Moral
sentiments grow out of the physical conditions of the
savatre. And so of the cultivated races of civilisation.
The same instincts guide the child of fasliion, onlv its
inherited capacities for improvement are greater ; its
impulses and inducements are greater, because it comes
118 The Constitutional History of South Australia.
into a world of greater complexity and greater variety.
Hence its desires at length become aspirations —
ambitions, emulations, love of approbation, all of them
the growth of physical antecedents and arising out of
self-love — govern the struggle for existence, and serve
to form the moral character and the higher education
of civilisation with its attendant strengthening of the
intellectual powers ; and there is created with the
craving for knowledge a love of the fine arts. A youth
sees a beautiful statue from the chisel of Michael
Angelo, and straightway his desire is kindled to produce
the like. He sees a painting by some master of the
art, and a similiar feeling comes into play. Here, then,
we may learn that none but good and useful images
should be presented to the enquiring mind of the child ;
that none but superior mod els should be placed before his
craving appetites. Truth, in short, if it be known, should
alone be made the basis of education. And here I close
the subject, and with it the present chapter, although
the material events that make this period of our colonial
history one of enduring importance are yet to be
recorded. They include the opening of the River
Murray to steam navigation, the defensive measures
consequent on the Russian war, and the Parliament
Bill of 18.53, which of themselves will require a chapter.
CHAPTER III.
Continuation of the rule of Sir Henry Young — His Toyag-e iTp the
Eiver Murray, and the opening of the river navigation to steam-
boats — The Crimean war of 1854 — Defensive measures prepared
— Volunteer Military Force Act — Militia Act — Enrolment of
volunteer militia — Review on May 24th, 1855 — Cost of the defensive
measures from 1854 to 1867 — Death of the Emperor Nicholas
followed by peace — The colony receives a gift of 2,000 rifles from
the Government — 2,000 volunteers enrol for training and dis-
cipline — Eeview on June 20th, 1860— Lady MacDonnell attends
the review, accompanied by the Bishops of Sydney and Melbourne
— Another review on May 27ta, 1863 — Colonel Downes, E.A.,
appointed to command the Volunteer Military Force.
"T HAD hoped to be able to conclude the history of
-■- the rule of Sir Henry Young in this chapter,
which will begin with a short account of the opening
of the River Murray to steam navigation. In attempting
to describe this spirited and politic enterprise I shall
derive some of my information from a pamphlet written
by Captain Arthur Kinlock, the clerk of the Executive
Council, who accompanied the expedition. The River
Murray is now well known to Australian colonists ; but
it was not until the year 1830 that it was discovered
by Captain Sturt, of the SOth Regiment, and found to
discharge its waters into Encounter Bay, after receiving
the drainage through many tributary rivers of a vast
basin in the interior of New South Wales and Victoria.
It may not be generally known that this intrepid
explorer was rewarded by the South Australian
120 The Const itiitlonal History of South Australia.
Legislative Council with a pension of £G00 a year. He
is now no more, but his bust adorns the gallery of our
colonial institute. It was owing to the important
discoveries of Captain Sturt that men of capital in
London were induced to colonise South Australia by
obtaining the authority of an Act of Parliament, in
which, within limits described in the Act^ all the lands
were declared public lands open to purchase by British
subjects on a novel system called the Wakefield
system. I have in preceding chapters endeavored,
though imperfectly, to trace the commencement and
result of this colonisation, and in doing so have arrived
at that stao-e in mv narrative when the full advantaofes
of the possession of this noble river were made known
and appreciated.
Sir Henry Young appears as the prominent figure in
opening the River Murray to navigation, and although
his expedition was not attended with dangers like those
surmounted by the original discoverers of the Murray,
he was actuated by the hope and expectation that it
would confer great benefits on his countrymen in South
Australia by opening up a passage to the interior of
New South Wales, through which the lords of the sheep
pastures, then struggling with the difiiculties and costs
of long overland journeys to reach a convenient port
of shipment, might be encouraged to use the water
communication of the River Murray for the transport
of their wool through South Australian territory, and
derive their supplies through the same channel. The
The Constitutional History of South Atistralia. 121
trade supported by the River Murray, which flows for
a great part of its lower course through our territory,
promised a large field for commercial enterprise, which
is now being realised and the benefits of which are
yearly expanding. The Legislative Council had been
deeply impressed with the importance of seciu'ing this
traffic before it mio-ht be diverted to Melbourne throuffh
railway communication, which was seen to be probable,
and accordingly encouraged the enterprise by a vote of
£4,000, to be paid to the owners of the first and second
iron steamboats of not less than 40 horse-power, which
should succeed in naviojatino- the Murrav from the
Goolwa, near its mouth, to at least the junction of the
Darling River. A vessel answerino- the conditions
required by the South Australian Government was
obtained by Captain Francis Cad ell, and navigated
round from Sydney in July, 1853, by Mr. Davidson,
formerly master of the Hawk schooner. She was then
pushed through the sea mouth of the Murray b}" Captain
Cadell, an intrepid seamfin, who had once commanded
the Cleopatra, a steamer of 1,500 tons. It may serve
to satisfy curiosity in the future to give the dimensions
of a vessel which time, experience, and the development
of an increasing trade will improve upon: — The extreme
length on deck of the Lady Aur/usta — so-called after
Lady Young — was 105 feet ; extreme length of keel
98 feet G inches ; depth of hold, 5 feet ir.ches ;
breadth of beam, 12 feet; on the crossguards, 21 feet,
The cost was about £5,000. The engines, furnished
122 Tlie Gonstitutional History of South Atistralia.
from Sydney, were of 20 horse-power each, and of best
workmanship. The total tonnage, including engines,
which weighed thirty tons, was ninety-one tons. She
drew three feet water when full, and two feet four
inches when light. A small vessel of about 100 tons
capacity, called the Eureka, was built at the Goolwa to
accompany the Lady Augusta as a lighter. On
August 2oth, 1853, all preparations being completed,
the expedition, under the immediate command of
Captain Cadell, steamed off from the Goolwa jetty,
having nineteen passengers, some of them of the fair
sex ; being families connected with the gentlemen who
took a deep interest in the expedition. The passengers
were: — His Excellency Sir H. E. F. Young, Lieut.-
Governor; J. Grainger, Esq., M.L.C.; W. Younghusband,
Esq., M.L.C. ; R Davenport, Esq., M.L.C. ; A. Kinlock,
Esq., clerk Executive Council ; G. Palmer, Esq., jun.,
Indian Civil Service ; G. Mason, Esq., sub.-protector of
aborigines; E. W. Andrews, Esq., S.A. Register; B. T. N.
Finniss, Esq., jun., eldest son of the Colonial Secretary ;
James Allen, Esq., Kegd. Bright, Esq., H. Jamieson,
Esq., of Mildura (joined up the river); Mrs. B. T. Finniss,
Mrs. Younghusband, Mrs. Irvine, Miss Sarah Young-
husband, Miss Eliza Younghusband, Miss Louisa
Younghusband, Isabella Williamson. I have recorded
the names of the passengers by the Lady Augusta
because great importance was attached to the enterprise
at the time — an importance which continually gathers
strength with the yearly increasing value of the trade.
The Constihitional History of South Australia. 123
It was an enthusiastic effort to bring to public notice
and develop the great natural resources of the basin from
which the waters of the River Murray are collected,
shared in by many persons, some of them among the
original pioneers and their families, witli ladies who-
gave up the comforts and conveniences of their homes
for many tedious weeks, actuated by no motive but
that of being associated in the future with the honor of
an undertaking from which such great public results-
would ultimately flow.
The colony was not yet seventeen years old, and the
energy which had led the early settlers to leave a
civilised country and brave the perils and dangers of
the wilderness was still a moving impulse in this
expedition, since the young generation had not yet
attained adult age, and the vigor and enterprise that
had prompted the colonisation of South Australia were
still manifested in the public spirit, which, derived
from the old country, was yet flourishing in the new
land of their adoption. The love of adventure is
specially blended with the love of approbation. Men
of vigorous physical nature seek it hi individual deeds
of prowess or in acts requiring unusual courage or
endurance. Those of high intellectual attainments,
usually found associated witli lofty aspirations, seek
fame in peaceful flelds and in mental displa}'". Both
are useful to mankind, and it is by this standard of
usefulness alone that the actions of the explorer, of
the statesmen, of the men of science and of art nnist
12i The Qonstitutional History of South Australia.
he tested. We have seen such men amongst us — Sturt,
Eyre, Stuart, Warburton, and McKinlay, who led
exploring expeditions into the interior. But this love
of fame, whether physically or mentally displayed, is
rather an individual than a social virtue, since it is
not found in communities as a body. In some natures
it leads men to peril life and fortune under the
incentive alone of renov/n, unmixed with any desire
or prospect of pecuniary gain. To have their names
associated with great discoveries and great enterprises
is all the reward they covet; and no community
•expecting to ennoble itself or rise to a high standard of
civilisation can wisely discourage the services of such
persons. If successful, and results flow from their
efforts leading to the profit of the many, they ought
to be rewarded in such a way as to stimulate and
•encourage the rising generation to emulate them. In
this spirit I have mentioned the names of the
passengers by the Lady Augusta in her voyage up the
River Murray in 1853.
When the Lady Augusta, having the barge Eureka
in tow, steamed off from the Goolwa jetty on August
25th, 1853, about three hundred persons assembled
to express their sympathy with the undertaking. It
was a day of intense excitement. The account of her
voyage has been given, as I before stated, in a
pamphlet by the Clerk of the Executive Council, and
is no doubt amply described in the columns of the
daily press ; yet the history of South Australia would
The Constitutional History of South Anstralia. 125
not be complete unless mention were made of this-
important expedition connected as it was, and has
been, with the oreneral course of events that in succes-
sive order and interdependence contributed to th&
development of the colony such as we now find it.
But I shall limit my narrative to results and avoid
details. After 1C8 hours steaming Captain Cadell
succeeded in reaching the Darling River at its con-
fluence with the Murray, the distance being about 650
miles from the starting point. Seven stations were
passed in this distance, occupied by Messrs. Mason^
Walsh, Scott, Chambers, "Wigley, Chapman, Jacksons'
(brothers), and McLeod. The latter had then esta-
blished a public-house or hotel at the junction, where
now the important town of Wentworth marks the
progTess of settlement on the Murray. These were
the original band of squatters who had settled tliem-
selves with their sheep and cattle on pasture lands
called runs, rented from the Government. On Sep-
tember 7th, the expedition left McLeod's, proceeding
up the river, passing successively the stations of
Messrs. Jamieson, Williams, McGrath Brothers, Keane,
and Orrs until they reached Euston, a township in
which a gentleman named Cole was located as Com-
missioner of Crown Lands in the service of New South
Wales. I should not omit to mention here that Mr.
Cole liad a party of mounted police under his orders,
but I find it stated that althouirh these men received
OS. (id. a ilay and rations, tlie authorised number was
126 The Constitutional History of South Australia.
not complete, as men were unwillino: at that time to
engage in so distant a service. A postal service had
been established for a time between this township and
Sydney. I learn from Captain Kinlock that the runs
in this back country of New South Wales at one time
were leased with right of purchase at 20s. per acre.
The rent was proportioned to the carrying capabilities
of the run, and a half-yearly assessment was levied on
all stock, amounting to -^d. each sheep, l^d. for cattle,
and ;M. for horses. The cattle and sheep were boiled
down, and the fat and skins only exported, on account
of the low price of mutton and beef, until the rise in
the price of mutton and wool owing to the increased
European demand. It was this system of leasing the
runs with a right of purchase that contributed to the
growth of a powerful landed aristocracy in New South
Wales, whose estates at the present day may be
compared in magnitude to principalities in Germany,
and in the Europe of the middle ages.
On September l7th the Lady Augusta reached
Swan Hill, in the province of Victoria in 112 hours
steaming from the Darling junction, the distance
being about GOO miles. Swan Hill is situated on the
Loddon, near its confluence with the River Murray.
It is said to be about 119 feet above the level of the
sea, and is about 210 miles from Melbourne overland.
Since that date a railway from Melbourne connects
the Murray at Echuca with that capital, a contingency
which was expected and somewhat feared by South
The Constitutional History of South Australia. 127
Australian merchants as a means of diverting a great
portion of the Murray trade to that capital. "Whether
their fears have been justified by results does not fall
within the compass of my narrative. On September
17th the Lady Augusta arrived at Mr. Campbell's
station on the Loddon. The station is called
GannewaiTa, and depastures 4,000 or 5,000 head of
cattle and 10,000 sheep, the property of Mr. Campbell,
who had been in the Colony of Victoria about eleven
years. This incident is alluded to in order that an
idea may be formed of the time within which large
properties were then acquired by men who pushed
boldly into the desert and devoted their capital and
enterprise to the breeding of stock on what are termed
the waste lands of the Crown, that is lands which
have not been sold or permanently disposed of. The
station of Gannewarra formed the limit of the voyage
of the Lady Augusta, and was estimated at about
1,400 miles from the sea mouth of the Murray. I
have not given the names of the settlers beyond the
junction of the Darling, because they formed no part
of the band of South Australian j)ioneers who had
occupied the banks of the Murray to the limits of this
colony in IS.5.3, altliough they all expressed a deep
interest in the expedition, and expressed their
appreciation of its usefulness in developing the back
country of New South Wales and Victoria, by signing
an address to Sir Henry Young, which was
presented to liim wlien approaching the boundaries
128 The Constitutional Histonj of South Australia.
of South Australia, near the junction of the Darling,
on his return to Adelaide in the Lady Augusta. The
address, from proprietors of thirty-two stations in
New South Wales and Victoria, was framed with the
desire to convey to Sir Henry Young some record
expressive of their opinions with reference to opening
up of the extensive districts of the basin of the
Murray by means of inland steam navigation through-
out the interior of Australia. They proceeded to say,
" that as the successful accomplishment so far of the
.first voyage of the steamer Lady Augusta permits us to
look forward with some confidence for the future to
the easy transit of goods and produce to and from
South Australia by means of steam navigation, we
may here perhaps not improperly retrospectivly allude
to the difficulties and tedious delays we have all for
so many years encountered in reaching a market for
our produce ; and in doing so we are unwilling to
forego the pleasure of assuring your Excellency that
we shall ever look back with satisfaction to the time
when — in these remote parts of the colony, and sur-
rounded by many discouraging circumstances — we
had in the year 1850 the strongest proofs afforded to
us of the interests in the Murray and its navigation
by finding your Excellency undertake and accom-
plish, at considerable personal exertion and inconve-
nience, a voyage of exploration in an open boat from
the junction of the Darling with the Murray to the
Goolwa. We would only further beg to express to
The Constitutional History of South Atistralia. 129
your Excellency that we recognise with much
satisfaction the permanent honor which in after years
must attach to you for having so successfully aided
the accomplishment of the Murray navigation ; and
we would offer you our cordial expression of hope,
that whether you may be resident in this or in any
other and more distant parts of the world, you may
for many future years learn with equal interest the
permanently beneficial results of the Murray naviga-
tion, convinced as we are that these results will prove
highly impoi'tant, not only to the best interests of
your own province and to the Australian provinces
generally, but also to England and other parts of the
world — affecting, as they most indisputably will do,
thousands of the population who may in future years
make choice of Australia as the land of their adoption."
To this address Sir Henry Young replied : — " Gentle-
men — I have the honor to acknowledge and to thank
you for the address which you have presented to me.
The steam navigation of the great River Murray and
its tributaries, of which this voyage has been the
auspicious commencement, is an object of such general
and permanent importance that had any exertions to
promote its prosecution been wanting on my part I
should have considered the omission a dereliction of
my duty. It is a great satisfaction to me that you
have appreciated the utility of the enterprise, and
have been enabled to witness its accomplishment. My
earnest hope and Ijclief are that it will realise for the
130 The Constitutional History of South Australia.
future all the great and permanent advantages which
are so reasonably to be anticipated. I feel highly
honored by the obliging terms in which you have
expressed yourselves in regard to myself personally."
Captain Cadell, the commander of the expedition,
came in for his share of notice by the gentlemen who
addressed Sir Henry Young, in a letter of which I
will quote a few paragraphs. They say : — " Whilst
we recognise with satisfaction the enterprising spirit
you have displayed in carrying out so successfully the
establishment of this important undertaking in the
midst of difficulties of no ordinary description, conse-
quent upon the vast and unknown changes which
have arisen from the gold discoveries throughout
Australia, we beg to assure you that we feel it alike a
duty and a pleasure on the present occasion to take
this, the very earliest opportunity, to intimate to you
that a certain sum of money has been equally
subscribed by us for the purpose of being applied in
any manner most agreeable to yourself in the acquisi-
tion of some memorial of your first steam voyage on
the Eiver Murray. You are aware of the extreme
distances at which our respective stations are situated,
and the consequent difiiculty of our waiting upon j^ou
and ascertaining personally when and where it would
be most suitable to you for the presentation of the
testimonial to take place. We shall therefore feel
much indebted by your communicating your wishes on
this subject to the hon. secretary at your earliest
The Constitutional JUstonj of South Australia. 131
convenience." This letter was signed by the same
gentlemen who had addressed the Lieutenant-Governor.
On the return voyage Captain Cad ell picked up
sevei'al bales of wool, which were prepared for ship-
ment, and completed the voyage home to the Goolwa
on October 14th, 1853. The total cargo of wool
consisted of 441 bales, averaging 300 lbs. each in
weight. The value of the river trade at the date of
the first' voyage of the Lady Augusta was estimated
by Mr. Jamieson, of Miklura, who, in an appendix to
Captain Kinlock's pamphlet, gives the number of sheep
as far as Swan Hill, and including those on the runs of
the Darling, ready to be shorn in 1853, as amount-
ing to 400,000 ; and if all the stations on the various
tributaries of the Murray be added, quoting the same
authority, 540,000 more can be summed up, making a
grand total of about a million of sheep, the wool from
which would be brought down the river to be embarked
in sea-going ships in South Australia, if facilities for
the river navigation were open to them.
The ditliculties in the way of realising the full
advantages of this trade arose first from the sinuo-
sities of the river, which, like all rivers flowinff throuo-h
a long expanse of level country, are numerous and
perplexing, affecting the nature of the boats to be
employed, owing to the sharp turns at the angles of
curvature and the shoalness of the water in places,
which then and for all time will prevent the employ-
ment of vessels of a draught of water suitable for the
9 a
132 The Constitutional History of Soidh Australia.
river and also capable of navigating the ocean for long-
voyages ; and lastly, the impracticability for com-
mercial ])urposes of any entrance to the river by its
sea mouth. Various attempts have been made to force
small craft through the passage, and various plans
have been suggested to remove the difficulties attending
the navigation of the sea mouth. In the year 1837
Captain Blenkinsop, the master of a whaling station at
Encounter Bay, accompanied by Sir John Jeft'cote, the
first judge of South Australia, attempted the passage
of the sea mouth in an open boat, and both perished in
the attempt. Captain Sturt afterwards made a similar
attempt, but after waiting for a favorable opportunity
abandoned the enterprise. Captain Pullen, now a
distinguished admiral in the royal navy, was more
fortunate. In a little cutter of thirty tons, called th&
Water Witch, he safely accomplished the feat and took
the vessel up the river as far -as Moorundee, where she
soon afterwards sank. He afterwards succeeded in
buoying out the channel and surveyed a harlior in the
deep reach between the Goolwa and the mouth of the
river, which was called Port Pullen, in acknowledg-
ment of his services on this occasion. The Murray
steamers afterwards traversed the dangerous bar
backward and forward on a few occasions, but the
peril was too great to be continued, and the Kiver
Murray still remaing practically sealed up from the
ocean. It has been suggested that an opening might
be made south of the Goolwa through the sandhills to
The Constitutional History of South Australia. 133
direct the whole body of the river through a new
channel ; the distance between the Goolwa or Port
Pullen is not more than a mile. Again, various
schemes have been devised for improving the present
mouth so as to render it navigable, and engineers have
at different times furnished reports and ^estimates,
but the enormous cost of work, the success of which
when completed would be problematical, has hitherto
been regarded as an obstacle to the undertaking.
Anyone who has examined the line of coast from Port
Victor inside of Granite Island could not fail to
appreciate the causes which have operated to deflect
the course of the last reach of the Murray to the east-
ward. A heavy surf, backed by a continuous flow of
rollers from the Southern Ocean — for the coast line
faces the south — deposits a vast accumulation of sand,
showing that the sea coast is gaining on the ocean.
All attempts to open a passage for the waters of the
Murray, whether by its present mouth or by cutting-
through the sandhills, must encounter the probability
of being silted up or obstructed by an ever-increasing
accumulation of sand. Sir Henry Young appointed
a commission to report upon the prospect of opening a
communication between the River Murray and the sea
at Port Elliot or at Victor Harbor. Then, as since
it was considered practicable to connect the Goolwa
with Victor Harbor by a canal, adapted for the passage
of the .steamers suited for the river navigation into
Victor Hai'bor to discharge their cai'goes into the
13-1 The Constitutional History of South Australia.
sea-going ships. This scheme, which would not divert
the whole body of the river into the sea, but only a
part of the upper current, remains to be accomplished,
and when accomplished will give to South Australia
the command of all the resources of the navigable
waters of the Murray and its tributaries, and afford an
inland outlet for an ever increasing trade of supply
from South Australia to the towns and settlements in
the back country of New South Wales. The only
rival communication that can possibly compete with
this trade is the Railway from Echuca to Melbourne.
But in time it is to be presumed that the water carriage
will prevail, and that it will be facilitated by shallow
canals at various points cutting through the bends of
the Murray, and shortening the distance.
At the time of the opening of the river to steam
navigation Sir Henry Young endeavored to find an
outlet for the wool by constructing a tramway from
the Goolwa to Port Elliot, where it was deemed that
sea going vessels could anchor in safety, especially by
erecting a breakwater to connect the point of the main
land with a small rocky island at a short distance
from the shore. The tramway was constructed, and a
commencement was made of the breakwater, but sub-
sequently abandoned, as its completion was strenuously
resisted in the Legislative Council. The cost of the
tramway, about £23,000, and breakwater, was made
charo-eable on the laud fund then under the control of
the crown, without the intervention of the local
The Constitutional History of South Australia. 135
legislature, and in persisting in recommending these
works for the approval of the Secretary of State Sir
Henry Young encountered much unpopularity. The
Port interest was here again in opposition, as every
efibrt to connect the trade of the Murray with any
outlaying port was considered damaging to the wharf
proprietors at Port Adelaide. A scheme entertained
in this spirit has since been carried into effect by tap-
ping the Mun-ay, as it is styled, by a railway in a
direction to the eastward of north from the capital. A
portion of this railway was constructed as farasKapunda
under the authority of an Act passed on June 27th,
1858, having been commenced by the laying down of
the iron road to Gawler, authorised in December, 1854.
The railway has lately been completed from Kapunda
to the river Murray at the North-west bend ; the
distance from Adelaide to North-west Bend being
rather more than 107 miles ; and another line to cross
the river at a point south-east of the capital is now
(1883) in course of construction, intended within the
next two years to reach the west boundary of the
province of Victoria, and connect the two capitals,
Adelaide and Melbourne. Thus the River Murraj
will be shortly tapped in two places, yet the import-
ance of the water-borne traffic will not thereby be
lessened, especially when an exit to the sea shall have
been accomplished to enable the river steamers to lie
alongsifle ships in Port Victor to discharge and
receive their cargoes, or by opening the mouth. The
136 The Constitutional History of South Australia.
trade of the Murray, consisting at first, in 1853, of only
441 bales of wool, carried for £25 a ton, has now
assumed much larger proportions, and will yet
increase beyond any estimate which can be attempted
at present. A million of sheep then otfered a prospect
of renumerative cargoes for an addition to the fleet
of steamers, and I am enabled to give a statement of
the present value of the import and export trade
between Adelaide and the neighboring colonies, based
on Government returns furnished through the Customs
department, and alluded to by the Treasurer (Mr. Glyde)
in his financial address to Parliament in AuQ-ust of
this year — 18S3. But before I do so I must lead
my readers through some of the steps by which this
trade was brought to its present condition. On the
return of Sir Henry Young, which he announced to
the Legislative Council in a formal message on October
14th, 1853, he received the following gratifying address
in reply : —
"To His Excellency Sir Henry Edward Fox Young, Knight, Lieutenant-
Governor of Her Majesty's Province of South Australia, &c.
" May it please your Excellency -
'■ The Legislative Council has experienced sincere gratification in the
announcement made to it by your Excellency of the arrival at the
Goolwa of the first river-borne wool, the produce of the vast basin of
the Murray. The opening up of the navigation of the Murray has
long been anxiously desired ; and your Excellency's earnest and
nndeviating exertions to promote that important object well deserve
the warmest thanks of this Council and of the colonists of South
Australia. Your Excellency's personal superintendence of the first
Practical experiment — which has resulted in demonstrating that that
great river is navigable by steam for commercial purposes for at least
1,450 miles of its course -must necessarily connect the name of your
The Constitutional History of South Australia. 137
Excellency with that successful enterprise, and the Council think that
so great a public service should be appropriately acknowledged.
The Council therefore requests your Excellency to cause three gold
medals to be engraved with stiitable device and inscriptions, com-
memorating the auspicious opening up of the steam navigation and
commerce of the Murray, and the first arrival at the Goolwa of river-
borne -wool. And the Council reqiiests that — as the Lieutenant-Gover-
nor of South Australia, whose personal exertions promoted this great
enterprise, and in whose administration it origuated. and has been
successfully accomplished — your Excellency would be pleased to receive
one of the said medals. And the Council further requests that your
Excellency will be pleased to cause one of the said medals to be con-
ferred on Captain Francis Cadell, who completed the first commercial
voyage as owner and commander of the Lady Augusia, steamer, and
Eureka, barge, with a cargo of Murray wool, and that the remaining
medal may be deposited with the records of the Legislature of South
Australia, under whose sanction the necessary pecuniary aid was voted
in- encouragement of the system of navigation of the River Murray.
"John Morphett, Speaker.
" Legislative Council Chamber, Adelaide,
"October 21, 18.53."
To this Sir Henry Young replied-
"Mr. Speaker and Gentlemen — I received with great gratification the
address which you have presented to me. In conformitj' with your
request I shall cause medals of South Australian gold to be struck in
commemoration of the opening up of the commerce and navigation of
the River Murray. I shall have great pleasure in conferring on
Captain Cadell the meilal by which the Lieutenant-Governor and the
Council des re to distinguish him with honor, in having successfully
accomplished the first commercial steam voyage on the River Murray.
I concur with you in deeming this important event to be worthy of per-
manent record in the annals of South Australia, and I shall cause a
commemorative medal to bo placed conspicuously among the imblic
archives. I shall not fail to seek Her Majesty's gracious permission to
accept from the Legislative Council the honor of one of the medals for
myself a memorial of the happy fortune by which I have been privileged
to be a co-operator with the council in opening up the steam navigation
of the River Murray, and thereby establishing a bond of commercial
and Bocial union between three prosjierous colonies of Australia.
" W. E. F. YoDN-a.
" Government House, October 24, lbo3."
138 The Constitutional History of South Australia.
No sooner was the practicability of navigating the
waters of the Murray and its principal tributaries
demonstrated than a war of tariffs commenced.
Steamers could now penetrate to stations and settle-
ments in the back country of New South Wales and
Victoria, not only for the purpose of bringing down the
wool for shipment in South Australia at a much
cheaper rate than by drays to the ports of those
colonies, but supplies could also be taken up the
river and distributed amon^: the settlers who had
hitherto derived their stores from Sydney and
Melbourne by an expensive land carriage. It was
evident that the Murray steamers could carry goods
from one colony to another; and the Customs
revenue of South Australia, which colony furnished
the supplies, would be increased, entailing loss to the
adjacent colonies to the extent to which such goods
mio-ht be dutiable there. Thus an inlet for trade
liable to fiscal rates was opened up, through channels
other than the seaports, wdiich being the gates of the
respective colonies afforded special facilities for the
Customs duties. There was this fui'ther complication
that the three colonies affected had different tariffs.
Articles of commerce paying lower rates of duty in
South Australia would be sold to her neighbors
occupying the banks of the Murray beyond the limits
of South Australia, to the loss of the Customs revenues
of those colonies. It would serve no useful purpose to
give a statement of the various schemes that were
The Constitutional History of South Australia. 139
suggested by the three G-overmnents to collect the
duties. on imports via the river without unnecessarily
interfering with the steamers plying up and down.
The first attempt was made by Sir Henry Young,
who proposed to collect all duties at the place of
shipment and pay over to the other colonies their
share. The discrepancy in the tariffs was the chief
difficulty to overcome, and this could be met in
different ways — first by collection of all duties at the
Goolwa according to the rates charged in South
Australia on dutiable imports, next by making the
collection authorised by the other Governments on goods
shipped on their respective accounts, and lastly by an
assimilation of all the three tariffs either for the river
navigation alone or for all imports into these colonies.
The gold discoveries so richly developed in Victoria,
led to the imposition of rates of duties which if
adopted in South Australia would have seriously
crippled her financial resources, but a correspondence
between the two Governments was carried on during
the early period of the rule of Sir Richard MacDonnell,
before responsible Government had been established,
which assumed a somewhat angry tone. Mr. Childers,
in a memorandum on behalf of Victoria, complained
that in correspondence dated October 11th, 1855, to
the Colonial Secretary, New South Wales, and
December 5th, 1855, copies of which had been sent to
Victoria, the expressions used were so precise as to
leave no doubt at the time in the mind of the Govern-
140 The Constitutional History of South Australia.
nient of Victoria that a distinct pledge was given by
Sir Richard MacDonnell that authority should be
given by the South Australian legislature to the
Executive Government to authorise its collectors up
the Murray to levy on goods destined either for New
South Wales or Victoria such duties as the respective
Governments of those colonies might from time to
time signify their wish to impose. Sir Richard
introduced a Bill into the Legislative Council intended
to give effect to this promised arrangement, but his
views were defeated by the rejection or alteration of
that Bill in the Legislative Council, who, on March
5th, 185G, passed an Act in which it was explicitly
provided that all duties collected by the South Aus-
tralian Government should be on the scale of its own
tariff and on no other. In forwarding a copy of that
Act to the Victorian Government no express mention
was made of the fact that it failed to confirm the
principle for which Sir Richard MacDonnell had
contended, but merely stated in corteous terms the
expression of Sir Richard's " hope that the Victorian
Government would consider the Bill as affording the
necessary facilities for a final and satisfactory settle-
ment " of the question. Mr. Childers' memorandum
formed the enclosure to a letter of February 9th, 18-57,
from the Chief Secretary of Victoria to the
Government of South Australia, and was severely
commented on by Sir Richard, who directed the Chief
Secretary " to express His Excellency's surprise at
The Constitutional History of South Australia. 141
many statements therein contained," &e., &c., &c., and
to add that it was no less due to His Excellency
than necessary to the maintenance of corteous
correspondence between the Governments of the two
colonies that the Government of Victoria should
express their disavowal of any intention to charge
this Government with the retraction of any pledge.
Sir Richard MacDonnell had really consented to settle
the question of the Murray duties by collecting them
according to the separate tariffs of the three colonies,
which policy was disavowed by the South Australian
Legislative Council then in existence, to whom the
question had been deferred. It is worthy of notice
that this angry correspondence commenced when the
Governor was supreme in the Executive Council, and
in the direction of affairs ; and unfortunately was
suffered to extend into the period of responsible
government, much to the embarrassment of the first
Ministry, with whose views it conflicted, and who
having been appointed on October 2-ith, 185(j, could
not consult the new Parliament until it was called
together after the elections on April 22nd, 1857. I
shall have occasion to refer further to tins crisis in the
history of responsible government on a future occasion
when discussing the acts of Sir Richard MacDonnell.
My task at present is to draw attention to the Murray
navigation.
A measure emljodying the views of the first
responsible^ Ministry was subsequently introduced in
142 The Constitutional History of Soidh Australia.
the House of Assembly by the Treasurer, Mr. R. E,,
Torrens, who had accepted office under the Premier-
ship of Mr. B. T. Finniss, the Chief Secretary. It
was read a first time on May 26th, 1857. On the 29th
of the same month the Treasurer moved the second
reading of this Bill " to regulate the collection and
distribution of duties upon goods intended for con-
sumption in the colonies of New South. Wales and
Victoria carried by way of the Biver Murray." The
Bill was largely discussed, and became law on
November 19th, 1857, u,nder a change of administration,
Mr. William Younghusband being Chief Secretary, and
Mr. John Hart, Treasurer. The remaining members
of the Ministry were — Mr. B. D. Hanson, Attorney-
General ; Thomas Beynolds, Commissioner of Public
Works ; Francis S. Button, Commissioner of Crown
Lands. The Treasurer (Mr. Torrens) informed the
House of Assembly that the Government had agreed
to a conference to consist of delegates from each of the
colonies interested in the navigation of the Murray.
This step had become necessary to remove the mis-
understanding which had arisen under the late
Government, in the course of which the Victorian
authorities had hinted in correspondence that it might
be necessary to impose tonnage duties and licences on
boats passing the Victorian limits. In the tariff
prepared with the Bill before the House the Govern-
ment endeavored to assimilate the tariff of South
Australia to those of New South Wales and Victoria
The Constitutional History of South Australia. 143
as far as was consistent with the conditions, habits,
and necessities of the inhabitants, which must
necessarily vary in the several colonies, especially
under the operation of the gold discoveries, which had
created a new scale of living and new means for
improving the financial condition of Victoria. It
would be considered (the Treasurer said) a sine qua
noil at the conference, to place the necessary articles
of food — say potatoes, corn, meal, flour, vegetables,
and green fruits upon the free list. Upon tobacco,
tea, sugar, coffee, and such articles, South Australia
was willing to increase the duties, so as to meet the
tariff of the other colonies half way. On comparing
the tariffs of the three colonies, it had been found
that taking the rate furnished by the returns for the
year 1855 the loss to South Australia by assimilating
her tariff to the scale proposed in the other colonies
would be 13 per cent. The Bill contained a clause
authorising the receipt here of the duties claimable by
the other colonies. This principle had been rejected
by the late Legislative Council, who objected to our
officers acting as agents for the other colonies, and this
had been the occasion of all the difficulty which had
arisen in carrying on the river traffic. The costs of
collection would be charged to the other colonies at
the rates of 5 per cent, for Victoria, and G per cent,
for New South Wales, which rate these two colonies
were paying at the time of the Act, as was stated in
the Housa of As.sembly on November 17th, 1857, by
14-i Tlie Constitutional History of SoutJi Australia.
the Treasurer (Mr Hart) during the premiership of
Mr. Young-husband, who had succeeded to office on
September :30th. The collection of duties on the
Murray trade was a subject of constant correspondence,
and conferences of delegates had frequent meetino-s to
arrange the conditions. The latest principle agi'eed to
by the Governments of New South Wales and South
Australia was settled by the Ministry of Sir Henry
Ayers on April 19th, 1877, with the object of avoiding
the actual collection of duties on goods imported from
one colony to the other by way of the River Murray,
or across the boundary between the respective colonies,
by the payment of a fixed sum of money by each
colony to represent the amount of duties received by
each. Under this arrangement, which was to last for
three years, commencing on December 16th, 1S7G, the
Government of South Australia received in money
value the sum of £52,481 12s. lOd., whilst South
Australia paid to New South Wales the sum of
£112,916 13s. -Id. The advantage to South Australia
of this convention was, that in addition to the actual
money received her staple produce dutiable in New
South Wales was admitted there free ; the duties on
staple goods being £9,823 10s. 6d., and, moreover,
goods which had paid duty to the South Australian
exchequer to the amount of £76,931 7s. lOd. were also
admitted free into New South Wales. The irain to
the South Australian revenue during the three years
was thus £16,496 7s. 4d., being the difference between
The Const ihitional History of South Australia. ]45
the money paid by each Government respectively.
The £9,823 10s. 6d. representing the dutiable amount
of the value of the staple produce of South Australia
consumed in New South Wales and admitted there
dut}^ free, although otherwise liable to duty under the
tariff of New South Wales, was the gain not to the
revenue, but to the merchant, and so acted as a
stimulus to production and trade. When this con-
vention expired, the Ministry of Mr. William Morgan,
acting on the basis of the principle already established,
entered on another arrangement commencino- on
Januaiy 11th, 1881, which, assuming the increasing
trade, increased the pajmient by South Australia to
£47,500 annuall}^ instead of £35,000 under the
expired agreement, as a composition for the duties
claimable by New South Wales, leaving the trade of
the i-iver free from Custom-house interference. This
convention confirmed the right to the free trade
between both colonies as respected goods of all kinds,
including live stock, whether water- borne or across the
boundar}'. It made an exception, however, with regard
to tobacco gi'own in either colony respectively and
exported to tlie other. The effect of this present
arrangement for the two years and a half ended July
10th, 1883, as gathered from tlic returns in appendices
to Mr. Glyde's financial speecli on July 2Gth, 1883,
has been that the South Australian revenue was
credited with £01,281 as the sum of the duties
collected on goods consumed in New South Wales and
10
14G Tlie Constitutional History of South Aiistralia.
imported by her from South Australia; and the
merchant has added to his profits of the trade up the
river on staple produce of South Australia admitted
duty free, the sum of duties otherwise leviable in
New South Wales, which would have amounted, if
collected, to £11,442. For these privileges and
receipts, valued at £102,723, the South Australian
Government has paid to New South Wales £118,750.
The duty that New South Wales could have collected
on all goods except for the convention would have
been £103,035.
But arrangements and conventions respecting duties
of Customs are not so important as the value of the
trade of a countrj^, which is only partially indicated
by the Customs receipts. The wealth of a country
consists in the wealth of the community as a whole,
not of the exchequer. Whether South Australia gains
or loses fiscally by the Murray trade, her real gain
depends on the profits of her trade, and these are
mainly due to the extent of that trade which unwise
taxation may derange by restraining or prohibiting
production and enterpi'ise. The effect of the trade of
the River Murray upon our revenue has hitherto been
the chief point dwelt upon. But there are other con-
siderations which are equally if not more important.
Amongst others we are entitled to ascertain, if
possible, whether the sanguine expectations at first
formed of the extension and benefits to commerce of
the navigation of the Murray have been realised, and
The Constitutional History of South Australia. 147
are likelv to increase in the future. I am able to ffive
some proofs of the extent of this trade by quoting
Mr. "William Younghusband as my authority for a
certain period ; and that he was a reliable witness
will be apparent when I state that he was a leading
member of the firm that accomplished and continued
the use of the Murray steamers. Mr. Younghusband
in May, 1857, stated in the Legislative Council that
during the first season, 18.53-4, there were taken up
the river 27G tons of goods, and 1,362 bales of wool
were brought down, the whole valued at £25,000. In
the second season, 1854-5, 365 tons of goods were
taken up, and 3,009 bales of wool brought down,
valued at £35,000. During the third season, 1855-6,
there were 700 tons of goods taken up, and 2,700 bales
of wool brought down, value £50,000. And in the
fourth season, 1856-7, when the trade to the Ovens
dicrffings commenced and there were three more
steamers on the river, 3,620 tons of goods were carried
up, and 2,370 baks of wool were brouglit down ; the
whole trade being valued at £247,000 for that season.
That the trade continues to increase is a]")parent from
returns obtained from the Treasury department. The
export trade to New >South Wales for the j'ear 1882
included in the period ended January 10th, 1883, was
valued at £351,066 ; and the value of the imports into
South Australia from New Soutli Wales, via the
MuiTay, amounted to £837,704 for the same year
(1882), made up to December. Thus the imports and
10 .\
148 The Constitutional History of South Australia.
exports of the Murra}^ trade in 1856, valued at
£247,000, had increased in the year 1883 to £1,189,670^
It must, however, be added that the wool brought
down the Murray was valuable to South Australia
only for the value of the carrying trade, and formed
no part of the value of the exports proper from South
Australia, and paid no duties in its transit. The real
advantage to South Australia is in the value of the
goods the produce of South Australia sent up the
Murray for consumption in New South Wales and
Victoria ; and in the same way it must be had in view
that goods sent up the Murray after having paid duty
in South Australia, are goods on which duty has to be
refunded and paid to New South Wales or compounded
for, and therefore enter into a portion of the trade,
valuable, not as regards revenue, but as furnishing an
additional market for our merchants, and .profitable
only to them and the owners of steamboats on the
river. The net profits of trade of course form an
addition to the wealth of the community as a whole.
I had no expectation that the Murray navigation
question would have extended this chapter to its
present length. But as the subject is one of vast
importance, and will be mixed up with the future
progress of South Australia to an extent which it
would be rash now to speculate on, but which is
inevitable, I have placed it in these pages in such a
shape as 1 trust will be intelligible and acceptable as a
historical document. And in going into much detail.
The Constitutional History of South Australia. 149
I have been anxious to give the rise and progress of
the commerce of the river from its very commence-
ment ; so that when South Australia forms one of a
group of great states, which must come to pass, the
future historian may not have to grope his way in the
dark through folios of statistical records, but have an
account to rely on — not written as an advertisement
to exaggerate the importance of the colony with
a view to special objects, but in the spirit of
impartiality, after a careful study of documents and
memories still within reach, but destined to be lost
sight of in the future, obscured by the shade of the
time spirit.
When in the year 183G Captain Hindmarsh, tlie
first Governor of South Australia, landed, he was
accompanied by a small party of the Royal Marines, a
sergeant's guard in fact ; and as there were no police,
this was the only armed force at the desposal of the
colonial Government to preserve order and to provide
for defence against hostile attack. England was at
peace with all the great powers, and there seemed but
little probability of war. Events justified the feeling
of security, which so long an interval of immunity had
engendered in tlie public mind, and it was not until
after a period of nearly forty years, dating from the
peace of Paris in 181.5, that this harmony of nations
was disturbed. A generation had passed away, and
so great had become the faith of Englishmen in tlie
continued prevalence of peace throughout Europe
150 The Constikitional History of South Australia.
that it was difficult to rouse public opinion to a sense
of danger, when the movements of Russia threatened
to disturb the security of nations. In the colonies,
especially, the power of the British fleet and the
prestige of the British flag were so completely estab-
lished to the public mind that all alike felt safe under
the shadow of the mighty segis thus spread over them ;
and any one who might have ventured to suggest
measures of defence against the possibilities of war
would have been regarded as little short of beino- a
maniac. No defensive forces were maintained in the
Australasian group of settlements by the British
Government, except on a scale deemed necessary to
support the cause of order in the several Crown
colonies and maintain the supremacy of British rule.
On the withdrawal of the small jDarty of marines which
formed the bodyguard of Governor Hindmarsh, small
detachments of troops relieved them, consisting usually
of two companies under a field officer — the 9Dth
regiment, the 40th regiment, the 96th regiment, and
the 11th regiment, having their head-quarters stationed
in the older colonies, from time to time furnished these
detachments. South Australia had no other military
force, not even a militia, although Colonel Gawler
made the attempt to excite military ardgr to an
extent sufficient to induce men to volunteer their
services under such a designation. But his scheme fell
through, and he never went the length of organising
a militia under the authority of an act of the Legis-
The Constitutional History of South Australia. 151
lature. This result shows how little the colonists of
South Australia admitted the possibilities of war, and
how completely they relied on the protection of the
mother country under any such contingency. The
militarj- ardor of South Australians was centered in
the police force, and its battles were limited to
encountering bushrano-ers from the old convint colonies
and contests with the aboriginal inhabitants.
But the dream of peace was suddenly disturbed.
In the year 1854 the colonists of South A.ustralia were
startled by the news that England, in alliance with
France, had declared war against the Emperor of
Russia in a manifesto published in March, 1854. The
chief Australian colonies were at this time rejoicing
in the wealth of the newly-discovered goldfields ;
th«ry had begun to feel that they had something to lose
now that was worth defending. Not only had the
colonies become objects worth a predatory attack, but
population, attracted by the tales of illimitable riches
to be dug out of the surface with but little occasion
for the employment of extraneous capital, had
suddenly increased, especially within the Victorian
border. South Australia from a small community of
only 540 persons in 1S.'3G, had in 1854 developed into
a settlement with nearly 100,000 inhabitants. She
had a trade of £3,461),920, employing 047 vessels
during the yeai-, of an aggregate tonnage of 2!)0,5.'J4
tons, and she was producing and exporting goods to
the value of at least £(i!J4,0()0 raised from her own
152 The Constitutional History of South Australia.
soil. Hev banking establishments reckoned their
united property at the value of £1,717,457. She had
10,000 horses depasturing on her runs, and 1,708,724
sheep, besides horned cattle. At the same time the
revenue receipts of South Australia amounted to
£595,350. Here was something to tempt the cupidity
of a foe ; and here was something worth defending.
At the date of the commencement of the war with
Russia arras of precision had not come into general
nse. Rifled cannon were first used at Solferino, by
France, in the Austrian war carried on in Italy by
Louis Napoleon. The Minie rifle was first used in the
British army by the Guards at the battle of Alma ;
whilst the still more modern improvements of breech-
loading cannon and small arms, with central fire and
percussion locks, were reserved for thp German and
French war in 1870. In 1854, when South Australia
began preparations for defence, the musket known as
Brown Bess, with flint locks, formed the armament of
the great body of the British infantry, and the
effective range of musketry could not be depended on
beyond a distance of 100 yards. Now the effective
range of the Martini-Henry i-ifle extends to 1,000
yards, whilst its power for mischief is scarcely limited
to 1,500 yards. The smooth-bore field pieces of the
artillery and the 08-pounder naval guns used at
Navarino and in the Russian war, gave place in about
the year 1870 to field artillery known as the twelve-
pounder breech-loading rifled gun of eight hundred-
The Constitutional History of South Australia. 153
weight, and carrying a segment shell of 11 A lbs.,
having a maximum range of 4,000 yards, and to naval
guns of twelve inches calibre, carrying a common shell
of 495 lbs. a similar distance. Improvements of later
date have increased the power of field artillery beyond
even what I have stated, and we read of SO-ton naval
guns carried by H.M.S. Injiexihle ; whilst not to be
outdone the Italians constructed four war ships carry-
ing 100-ton cruns. We seem not yet to have attainetl
the greatest effect in the art of attack and defence by sea
and land. I have gone into these apparently irrelevant
details to show how simple, compai-atively speakirg, it
appeared to the colonies in 1854 to prepare their
means of defence, and with what imperfect weapons
they commenced their defensive prepai-ations.
On receipt of the war news Sir Henry Young took
steps to call the Legislative Council together, and in
the meantime prepared measures for their considera-
tion adapted to meet the emergency and suited to the
condition of the colony. Mr. Boyle Travers Finniss,
the Colonial Secretary, on May 15th, 1854, laid
the following memorandum before the Lieutenant-
Governor : —
" Mr, Hanson thinks that we should at once take steps to fill up
vacancies in the Legislative Council in order to meet a full House with
any defensive measures when the official notice of war arrives. I think
a commission, to consist of Major Moore, Captain Freeling, Captain
Lipaon, and Mr. Dashwood, should immediately be appointed to report
upon the best measures to bo taken witli the means at present pro-
curable or available, to protect Port Adelaide against an enemy's
privateer or man-of-war in case of surprise ; also to guard against such
15i The Constitutional History of South Australia.
a surprise. After reporting upon this the commission should report
upon the best mode of procuring' intelligence of the presence of an
enemy in our waters. (A marginal note by Sir Henry Young suggests
'telegraph from Cape Borda, Kangaroo Island.') A board, to consist
of Major Moore (if he will consent), the Commissioner of Police, and
the colonial storekeeper, with such assistance from the non-
commissioned officers of the 11th Regiment as Major Moore may please
to employ, to be appointed to inspect all the arms, great and small, in
possession of the Government, and not being already in use by the
police ; also the ammunition ; to make a return accordingly of the
quantity and state, distinguishing arms and ammunition in a serviceable
state from such as may be in need of repair or be damaged. I am
proceeding with a minute to lay before the Executive Council to prepare
for the enrolment of a yeomanry corps — a troop of horse artillery and
a militia force. It would be prudent and justifiable to order the Police
Commissioner to reduce the police outposts so as to retain at head-
quarters as large a body of the mounted police as possible to be trained
to the service of the field artillery. ' '
A minute of Sir Henry Young approves and
authorises these suggestions.
Actincv on the suo-^estions made in Executive
Council, a commission, consisting of Major Moore (of
the 11th regiment, commanding in South Australia),
Captain Freeling, R.E., and Captain Lipson, R.N., was
on May 17th appointed by the Lieutenant-Governor
" to enquire into and report upon certain precautionary
measures of defence to be taken for the public safety
in the event of a declaration of war." (The official
declaration of war had not then arrived.)
The committee met on May 20th at Port Adelaide,
and reported on the 27th of the same month. They
recommended : — Firstly : The presence of an armed
screw steam-vessel in St. Vincent's Gulf, properly
manned and officered, of about 400 tons measurement,
to carry about ten guns, and to draw not more than 12
The Constitutional History of South Australia. 155
feet of water, and to be provided with a complement
of officers and men amountino- in number to 120.
This recommendation to be communicated to the
senior naval officer on the station, who they conceived
would be competent to detach from his ship such
officers as would be required for the command and
management of such a vessel. The commission further
recommended that an officer dispatched from South
Australia on this service should be authorised, with
the concurrence of the senior-officer of the station, to
purchase a suitable vessel with the necessary armament
and stores, the vessel to be manned by the officer
appointed to command, and the expense to be defrayed
by the Government of South Australia. Secondly:
The establishment of a chain of semaphore stations,
commencing at Cape Borda, Kangaroo Island, continu-
ing along the northern shore of that island, crossing
Backstairs Passage, opposite Cape Jervis, to the main
land, and communicating thence along the eastern
shore of Gulf St. Vincent, to Adelaide, tlie Port, and
the lightship. The semaphores to be provided with
both day and night signals. Thirdly : The military
force of regulars to be increased to two companies, or
in the event of the General commanding not being
able to supply the additional company, that the
present detachment be immediately made up to 100
men, the strength originally sanctioned — the detach-
ment at • present numbering only about forty.
Fourthly : That a Port militia be embodied, to be
15G The Constitutional History of South Australia.
drafted from the Port, Alberton, Queenstown, and
their immediate vicinities. Fifthly : That a proper
force be instructed in artillery drill and practice, and
that measures be taken to ensure the bringing into
position the artillery and mortars at present in the
colony to any point menaced, and within as short a
time as possible. Sixthly : That the exposed coast
between Marino and the northern end of Lefevre's
Peninsula be watched by mounted patrols. Seventhly :
That landing-places be appointed in the Poit of
Adelaide, at which all shore boats shall be moored
between the hours of j).m, and daylight, and that no
shore boats be moved therefrom during these times
except by permission of some competent authority.
Eighthly : That a boom be constructed, to be stretched
across some eligible part of the Port Adelaide Creek,
below the shipping, of sufficient strength to resist a
boat attack ; the boom to be so placed that a close
fire of musketry can be brought to bear on boats
attempting to force it. Lastly : The commission
remarked that although they have by no means over-
looked the importance of a battery on Torrens Island
to defend the Port against an attack either by ships
or boats through Light's Passage, yet as they are
informed that such a battery should be made
self-defensible, and would be a work of considerable
expense, taking much time in erection, they are of
opinion that such a means of defence would more
properly come under the consideration and execution
The Constitutional History of South Australia. 157
of the Imperial Government. This report was signed
by th« three commissioners.
It is to be observed that at this date, in the year
1854, South Australia was a Crown colony, and
therefore under the special protection of the home
countrv : that the use of rifled small arms had been
but partially adopted in European troops ; that
smooth-bore artillery were still the only guns used
by sea and land ; and that the sixty -eight pounder sea
gun was only partially in use ; so that it was not
necessaiy to provide against the contingency of the
shellino- of the Port from the outside, since the distance
was bevond the reach of oruns of war vessels as then
armed, and that the electric telegraph was scarcely
then generally adopted, and was quite a novelty in
South Australia. Under such circumstances Sir
Henry Young summoned the Legislative Council and
consulted them on the measures of defence which he
was prepared to recommend. The Legislative Council
accordingly met on August 2nd. The Government on
the first news of the war had proposed to arm 1,000
volunteers, and made an application to the Home
Government to be supplied with 2,000 Minie rifles,
which had been proved to be the most formidable
weapon in use by the armies of Europe.
In the meantime the Colonial Secretary (Mr. B. T.
Finniss) was appointed Lieutenant-Colonel of the staff
and inspecting Held otticer under the authority of an
Act of the legislature passed on September 14th, 18.')4 ;
158 The Constitutional Hisfoi-y of South Australia.
and a stafF-adjutant (Captain Biggs, late of the 49th
Regiment) and drill-instructors were also appointed to
assist in the organisation and drill of an armed body
of volunteers, which it was now proposed to raise to
the number of 2,000 men. The sum of £15,000 was
voted in a supplementary estimate to meet the cost
of these defensive preparations. Before the proro-
gation on December 16th a Militia Bill also was passed,
in order to enable the Government to provide for the
enrolment of the able-bodied of the population in case
the call to arms by voluntary enlistment proved a
failure. But no such necessity arose, and the Militia
Act has remained in abeyance to this day. Major
Moore, of the 11th Regiment, as senior military
commandant of Her Majesty's troops in South
Australia, undertook the organisation and drilling of
several companies of volunteers, and so successful was
the movement that on May 24th in the following
year he succeeded in getting together a body of men in
review order in honor of Her Majesty's birthday.
This was the first occasion on which the public had
an opportunity of judging of the steps taken by the
Government for the defence of the colony. The
excitement was intense. Leading colonists joined the
military movement : men who afterwards became
members of Parliament and of Ministries, men of
substance, proprietors of the principle trading
establishments in the city, served as privates in the
first muster of a South Australian armed force ; and
The Constitutional History of South Australia. 159
of their zeal, enthusiasm, and martial ardor tliere
could be no doubt in the minds of those who witnessed
this first passage of arms and who saw the suburban
companies cheerfully submitting to the rule of drill
masters. The news of Inkerman had saddened the
hearts of men in this colony as elsewhere, and a feeling
of awe at the terrible slaughter on that day of
England's best soldiers deepened into a conviction that
the madman who could count the numbers of his
armies by millions might make his power felt in the
remotest dependencies of Britain. The writer can
personally record the effects of these dreaded calamities
in the calm determination that moved all men alike in
South Australia to defend their hearths and homes at
all ])erils and all risks should necessity arise.
It was hoped that the lately appointed Governor,
Sir Richard Graves MacDonnell, would be present on
May 24th to encourage and sanction by his presence
the military demonstration held on that day, as news
had been received of his arrival in Melbourne and
embarkation for the seat of his new government in
ample time to admit of his attendance at the review.
Preparations were made in accordance with that
expectation, but his detention at sea beyond the usual
period of the voyage from Melbourne left to the Acting-
Governor, Lieutenant-Colonel Finniss, who, as Colonial
Secretar}'', and senior member of the Executive Council,
in terms of royal instructions, hail assumed tlie reins of
Government on the departure of Sir Heiuy Young, on
100 The Constitutional History of South Australia.
December 20th, 1854, the honor of inspecting his
brother colonists in arms. It appears to me, under
these circumstances, that I shall best carry into effect
the object I have in view in writing these pages,
which is to furnish the pnblic with the most reliable
account of the origin and progress of the volunteer
defensive movement in South Australia by quoting
some of the comments of the press on the occasion,
since they may be assumed to represent the state of
public opinion at the time. The Adelaide Observer
of May 2Gth, 1855, published the following account of
the review under the head of "The Volunteer Force": —
" The first gun detachment "f each artillery company miistered in the
gun paddock at half -pastil o'clock, and at noon precisely a royal salute
of 21 guns was fired with admirable precision ; after which the cannon,
consisting of two light six-pounders and two twelve-pounder Howitzer's
were limbered and run over to the eastern park, where the entire
volunteer force was brigaded under command of Colonel Moore,
Lieutenant-Colonel O'Halloran, Lieutenant-Colonel Freeling, Major
Torrens, and Major Wigley ; Captain Biggs and Captain De Lisser
were also on the groiind. The extreme right was occupied by the
Adelaide Mounted Rifles under Captain Gwynne, and the first company
of artillery with two gans ; the first battalion of infantry was on the
right centre, and the second battalion on the left ; the extreme left
being composed of the second company of artillery with two guns and a
detachment of the mounted police under Inspector Hamilton. A
detachment of foot police was also present to clear the ground. At 2
o'clock His Excellency the Acting-Governor arrived attended by Mr.
Maturiu, the private secretary, and several other gentlemen, and
inspected the troops. A Governor's salute (1.5 guns) was fired by the
artillery, followed by three cheers for Her Majesty, in which all the
volunteers very heartily joined. His Excellency then left the ground,
and the troops were dismissed.''
The volunteers on that day were armed with flint
muskets (known as " Brown Bess "), and I must add
The Constitutional History of South Australia. 161
that the entire population numbered only 85,821 souls.
The ettbrts made by South Australia to provide for
its own defence then and since can only be understood
and appreciated by a statement of the sacrifices which
she had made to maintain her defence forces in the
several years that followed the war. I have obtained
from the Government records in the Audit Office the fol-
lowing particulars of the cost of the military movement
from its inauguration in 1854 to close of the year 1807.
Beyond this date I refrain from publishing details or
making remarks, as \ye then arrive at a comparatively
modern period, well within the memor}- of this living
generation, and when the more complete organisation
which now prevails had already taken the place of the
unpaid volunteer force, which was the sole reliance as
a I'eserve force in aid of the small military detach-
ment, never amounting to two full companies, of the
regular troops.
Statement of the sums expended in military
organisation from 1854 to 1SG7, with the popula-
tion : —
Military
Year
Population
Expenditure
1854
Year ended Decemlier
92,54.-)
£2,193
1855
>» »» >i
%,9S2
17,628
1856
»» »> 7?
.. 104,708
3,3;i0
1857
>) >> >'
.. 1(X»,917
3,22.-)
1858
11 H M
iis,:U(>
4,447
18.VJ
Half-year ended June
.. 122,73.-)
1,.507
18-JO
Year ended June
.. 124,112
9,44m
1861
)> >> >>
.. 12G,8:5(3
11, mi
1862
M M »»
135,320
13.(39S
1803
J) »» M
1U>,U(;
ll,S3t;
11
162 Tlie Constitutional History of South Australia.
Military-
Year
Popnlation
Expenditure
1864
Year ended Juue
.. 147,841
4,323
1865
)) J) )> •'
,. 156,605
5,892
1865
Half-year ended Dec.
,. 156,605
1,412
1866
Year ended December .
.. 163,452
10,702
1867
>) >» )!
,. 172,860
23,439
In the above expenditure the pay of regular troops
is included, as also the cost of military buildings, such
as the armory, barracks, gun-sheds, and powder maga-
zines, as also the cost of arms and ammunition. The
men who turned out for inspection on May 24th, 1855,
were strictly speaking a volunteer militia force, since
they were paid for each day's attendance. On the
return of peace they were disembodied, and a new
organisation of unpaid volunteers was formed in
place of enrolling a militia. The account of the for-
mation of this force, ultimately superseded by the
more efficient military establishment which is now
under the o-uidance of officers detached from the
regular army, will be found later in this chapter. The
death of the Emperor, the moving spirit of the
war, will form an appropriate continuation of the
subject.
Early in March, 1855, the Emperor Nicholas died
by one of those sudden dispensations which have
frequently shortened the lives of Russian Emperors,
and news reached Melbourne on May 13 th. But there
was no special reason for concluding that the war
was at an end. On the contrary, the preparations of
England were carried out on the most stuj^endous scale ;
TTie Constitutional History of South Australia. 163
and on January 29th of the same year the Emperor
had published a manifesto declaring the objects of
the war, and expressing his determination to carry it
on with victor. In that manifesto he ordained the
formation of a general militia of the empire. The
news of the battle of Alma, the advance of the allied
armies of England and France on Sebastopol ; its
seige without investment and the subsequent battles
and carnage at Inkerman and Balaklava had stirred
up the feelings of the colonists from their inmost depth
which not only showed itself in arousing their military
ardor, but extended to the practical sympathy of sub-
scribing funds for the relief of the widows and orphans
of those who had fallen on the fatal fields of the Crimea.
War had been declared against Russia by England on
March 28th, 1854, and in less than twelve months from
that date the career of the Emperor Nicholas had
<^dosed in death. His death was followed by negotia-
tions for peace, and England, in the midst of enormous
preparations to continue the war, and successful in her
operations during the last campaign, was induced to
accept terms which left the power of Russia without
much dhninution, and England without having gained
the objects for which the war was ostensibly under-
taken. She had been dragged into war for purposes
which seemed unsatisfied, and Russia only gained time
for that more serious war, which, continually imminent,
was only ended by the congress of Berlin ; whilst the
ambition of Russian Emperors is constantly threaten-
11. \
16-i The Constitutional History of South Australia.
iivj; a renewal of disturbances in Asia and the East.
When the power of the purse is in the hands of an
autocrat, the passion of a single man, nursed into
madness by the possession of absolute and irresponsible
power, is always capable of dooming millions to suffer
the extremities of war and misery.
The continuance of the war of 1854-5 was averted
by a peace, the mysterious solution of which may
perhaps be found in the reluctance of France to
continue a contest in which she was pledged to abstain
from all acquisition of new territory — a war which
only cost her blood and treasure, and which, if
continued on a greater scale, it was hinted must be
carried on under new conditions. The resuscitation of
Poland, with a new direction to be given to the war
itivolving the extension of her boundaries to the Rhine
at the expense of Prussia, seemed to be the possible
requirements of the French Emperor ; and hence the
ambitious alliance was renounced for the more
temperate proposals of Austria, which meeting with a
favorable response from the Emperor Alexander,
induced Lord Palmerston to bring the mighty conflict
to an immediate close. Immediate and temporary —
as events have since declared themselves — for the
designs of Russia are threatening renewed operations,
and giving rise to the necessity of fresh treaties of
alliance, in which as yet England and France have no
part.
Peace being proclaimed in Europe, there was peace
The Constitutional History of South Anstralia. 165
in Australia. The first military force of 1855 was no
longer called out for training and exercise, and in the
year 185G the military expenditure fell to £o,ooO, of
which sum £2,728 was chargeable to the regular
troops ; and the cost of the volunteers, due to the
payment of three staff officers and four sergeant
instructors, amounted only to £G01. It lemained at a
low figure until the 3'ear ISfiO. But although the
military ardor of the colonists was no longer called
into requisition, it v/as not long left in abeyance.
Rumors of war w^ere afioat, and war clouds hung on
the distant horizon. The arsenals of Europe were
occupied in preparations for war. The inventive
powers of naval and military engineers were called
into requisition to produce iron-clad ships of war with
artillery of new and formidable dimensions and
structure. Small arms were undergoing a great
change. We were disturbed by the American war —
North against South — with its elements of danger to
other nations. France, the eldest son of the church,
as the Popes delighted to style her, occupied Rome
with a strong military force in the interests of the
Vatican as against the assaults on the temporal power
just then reaching their culmination in Italy. The
liberation (jf Italy from the grasp of Austria was
rendered memorable by the victory of Solferino, where
the French Emperor with mucli mystery paraded Ids
rifled fieM guns, Prussia and Anstiiahad a siiarp and
decisive passaL^e of arms, and finally France and
166 Tlie Constitutional History of South Australia.
Prussia had a death struggle ostensibly as to what
prince should reign over tlie monarchy of Spain. In this
conflict Krupp guns loading at the breech carried
destruction into the new batteries of mitrailleurs with
which the French had hoped to repeat Solferino. The
crowning victory of Sedan and the capture of the
impregnable fortress of Metz by investment and
starvation closed the career of the Napoleonic dynasty,
and left the world to breathe in peace once more ; but
these events had kept up the war scare in England
and in the British colonies. The South Australian
Government was driven to take measures to keep up
the confidence of the colonists in their means of defence
against sudden predatory attacks, and recourse was
had once more to the volunteers, but this time on a
different system and a less expensive one. The experi-
ment was tried of calling out a body of unpaid men,
and the number of 2,000 enrolled themselves for
three years on these terras. As this system has gradu-
ally yielded to a more elaborate, a more complete,
but at the same time a much more costly service, I
might pass over this period of our military history, but
my account would be incomplete if I were not to point
out how our present defensive armament and organisa-
tion gradually arose out of past experiences. I
shall, however, keep ni}" remarks within the smallest
possible compass, as I wish to adhere to my plan of
avoiding details, and following out events only which
led to general results.
The Constitutional History of South Australia. ]67
— J •
After peace had been signed between the allied
powers engaged in the Crimean war and Russia, the
first defensive paid volunteer force, as I have stated,
was no longer kept in employment ; but the Govern-
ment, moved by the unsettled state of Europe, made
preparations to provide for future security. Kequisi-
tions had been addressed to the Home Government for
arms of the newest pattern and best description, since
it was thought that troops imperfectly trained should •
have their confidence kept alive by the feeling that
the weapons which they might be called upon to use
in a defensive war should be at least as perfect as those
which might be opposed to them. In this way
superior knowledge of the country and its resources
would seem to induce that equality amongst the comba-
tants which other conditions would otherwise disturb.
In response to the applications for arms we received
the gift from the Imperial authorities of two thousand
Entielf] i-ifles, then the most perfect weapon known in
the British service, and perhaps in Europe. Commit-
tees met in the local Parliament to consider the defences
and every effort was made by the Government to
obtain the best advice and the best assistance. The
rifles were distributed amongst the volunteers with the
necessary accoutrements, and drill and training were
resumed. Soon the companies, through the exertions
of their ofticcrs, assisted by competent drill instructors,
mastered tlic details of company movements, and it
was then dctorinined to form a certain numl)or of
168 The Constitutional Hintoi-ij of South Australia.
companies residing in Adelaide or on the lines of
railway, or other easy communication into a battalion.
This was easily accomplished, and Lieutenant-Colonel
Finniss, who had as captain raised and drilled one of
the companies named the Adelaide Marksmen, was
appointed to command the first Adelaide regiment.
With this organisation there was no difficult}^ in
obtaining a considerable muster of volunteers to
celebrate the accession of Her Majesty on June 20th,
18G0, by a review on the East Park Lands. The
Governor-in-Chief, Sir Richard McDonnell, was unable
to attend on this occasion through severe illness, but
Lady McDonnell, like Queen Bess in olden times,
undertook to review the colonial foi-ces. As this
display was carried into effect under mj* own
immediate command with very little assistance, except
in the preliminary drill of the companies, I prefer, on
this the first occasion on which the South Australian
volunteers of all arms had been brigaded — to use the
militarv term for such assemblies of different arms of
the service — to employ the words used by the daily
press in describing the event, omitting a feAV pas-
sages in the press narrative which would occupy
unnecessary space. The report is as follows : —
"The anniversary of the accession of Her Majesty
Queen Victoria to the throne of England was observed
on Wednesday last in South Australia by a demon-
stration of a most attractive character — the review of
those gallant volunteers who, moved by the troubled
The Constitutional Sistory of South Australia. ,169
state of Eiu'ope, have been formed within the colony
during the past twelve months. At about 1, or half-
past 1, the volunteers, headed by the band belonging to
the First Adelaide Rifles, made their appearance at the
end of Rundle-street, down which they had marched.
They crossed the park lands in most soldierly stjde,
and in the following order : — The first Ade-
laide Rifles, the Munno Para East Rifles, the first
and second Gawler Town Rifles, the Salisbury Rifles,
the Port Adelaide Rifles, and the Glenelg Rifles,
altogether amountino- to 270 rank and file. Other
companies were seen marching to the review-grounds
from various directions, and spectators in every kind of
vehicle and on foot were hurrying to the one attractive
spot in front of the grand stand. In the course of
half-an-hour the cover-sergeants liad been placed, the
companies marched upon them, and the regiment
formed into open column in the following order and as
near as could be ascertained in the following strength:
— The Port Adelaide Rifles, 2!) ; the Mitcham and Glen
Osmond, 24 ; the Adelaide Rifles, 38 ; the Munno
Para East Rifles, 51 ; the First Gawler Rifles, oO ; the
Salisbury Rifles, 20 ; the Kent Rifles, 20 ; the Alberton
and Queenstown Rifles, 24 ; (he Norwood and Ken-
sington Rifles, 22 ; the Eastern and Suburban Rifles,
*3o ; the Second Gawler Rifles, .S8 ; the West Adelaide
Rifles, 32 ; the Adelaide Marksmen, 27 ; the Glenelg
Rifles, 20 ; the Fiist Adelaide Rifle^, (>0 rank aii<l file,
besides ofliccrs and band. In advance of them, and in
170 The Constitutional History of South Australia.
the direction of Mitcliam, were placed the Adelaide
Artillery, with 8 guns and 82 men ; in advance of
them again the Port Adelaide Artillery, with 2 guns
and twenty men, and in advance of them all the Reed-
beds Volunteers, nearly forty strong. Altogether the
force on the ground reached within a few of GOO
volunteers of all services, and when drawn out
presented a very military and imposing appearance.
While the companies were being adjusted so as to form
but eight only of nearly equal numerical strength, a
process which caused considerable delay, Lady
McDonnell, accompanied by the Most Reverend the
Lord Bishop of Sydney, the Right Reverend the Lord
Bishop of Melbourne, Colonel Freeling, the Honorable
the Speaker, and Mr. Lyon, S.M., rode on to the review
ground. Mrs. Barker, Mrs. Perry, and Mrs. Lyon also
arriving in tlie Governor's carriage. The companies
havinof been arrano-ed, were wheeled into line, and
presented arms to Lady McDonnell and party, who
cantered along the front, after which they speedily
commenced the manoeuvres of the day. The artillery,
both Port Adelaide and Adelaide, were drawn up in
the direction of Mitcham, at the extreme south of the
land marked out on the review ground, the cavalry
flanking it on both sides. After a few rounds had
been fired by the artillery the cavalry moved forward
as if to follow some retiring force, and the Adelaide
Artillery moved after them in the direction of Glen
Osmond— or due south. This they did, it afterwards
The Constitutional History of South Australia. 171
seemed, with the view of returning as an attacking
ami antagonistic force. The Port Artillery took up
position at tlie north end of the parade ground, on the
left of the battalion, which had formed into close
column, and marched thither from the west front of
the review ground. The face of the battalion and the
muzzles of the Port Adel aide guns were then towards
the direction of the Adelaide Artillery and the Reed-
beds Cavalry, which were about half a mile or three-
quarters away. The first movement which then took
place was the throwing out of skirmishers in the
direction of the supposed enemy. This was effected
by moving forward the two front companies of the
battalion, and was very successfully accomplished.
The compact ma,sses were soon sown broadcast over
the rrround, and formed an accurate line about four
hundred yards in advance of their battalion, where
they commenced desultory firing, as if an enemy
had made its appearance. These skirmishers were
supported by two other companies, who moved out
towards them. While the battalion was thus dis-
tributed the cavalry began to move up, and the
artillery to fire from the south, on which the bugle
sounded for the retreat of the skirmishers, who rapidly
withdrew in behind the supports and towards the
reserve, where it was evident the battalion would be
exposed to a charge of cavalry in a few minutes.
Order was therefore given to the Poi't Artillery to fire
to retard the approach of the cavalry, which they did
172 The Constitutional History of So7ith Australia.
with great smartness. Meanwhile the companies were
formed into a square to receive cavahy, the front ranks
kneeling, and the rear ranks standing, according to the
usual practice. The cavalry charged, and when within
from 50 to 100 yards wheeled and retired, the
infantry and Port Artillery blazing out at them, and
the Adelaide Artillery responding as if to cover the
retreat of the cavalry and riddle the square befoi-e it
could open out. This manoeuvre was repeated four
times with very little variation, the cavalry maintain-
ing perfect order, wheeling well, and getting into no
confusion, but their pace was slow, far too slow for
making an impression on a square, and they ought to
have gone up a little eloper. When this mock contest
had terminated the face of the battalion was chano-ed
and skirmishers were sent out towards the east side of
the review ground, where the ai-tillery were formed on
each flank of the reserves. On the skirmishers retirino-
upon the battalion the whole were opened out into
line and fired a volley very smartly, and charged in a
manner which did them very considerable credit.
These were the principal movements, and the manner
in which they were executed is deserving of com-
mendation, when the rawness of some of the men is
taken into consideration. The commanding-officer
{Lieutenant-Colonel Finniss), who, by-the-way, was
without the aid which he ought to have had, exerte<l
himself most energetically, and to him great praise is
due * * * At the most moderate computation
The Constitutional History of Scnith Australia. 173
not less than from six to seven thousand persons were
present."
In the evening a dinner took place in White's Rooms,
when several speeches were made. Capt. Blyth, of
the 40th Regiment (shortly to command the volunteer
forces), and who had been present at the review,
observed, " He could say from his observation of the
volunteers when under review that day that they were
very steady under arms, and that was a great matter.
It was evident they had very much broken the neck
of their drill during the last month, and had pretty
nearly mastered every movement. He must say that
the line of skirmishers was thrown out uncommonly
well. He said that as a soldier." Captain Biggs, the
statt-a<ljutant, alsu concluded a short speech by
" referring to the creditable manner in which the
volunteers had been brought through the various
movements in the review of that day, Szc." In
criticising the movements on June 20th, ISGO, it
should l.ie observed, as remarked at the time, that
many of the men had not completed their company
drill, and consequently could not be relied on in
brigade of different arms to carr}' into prompt effect
.ill the orders and intentions of their officer as to their
relative posts and duties. In the following year the
volunteers were aa-ain brii-adefl mider the commaml, at
that time, of Captain Blyth, of the 40th Regiment,
who };ad been appointed colonel - commandant uf
the whole volunteer force. Thev met in review
174 The Canst it utional History of South Australia.
order on the North Park Lands on June 28th, 18G1,
and were put through several evolutions. At the
conclusion Colonel Blyth " expressed his thanks in a
general order to Lieut.-Colonel Fiuniss and his field
officers, to whom the working of the battalion was
entrusted, for the efficient and careful way in which
«very manoeuvre was executed, and to the captains
and officers commanding companies, he said, his thanks
were particularly due for the able manner in which,
without exception, every company was commanded ;
and the colonel further testified to the steadiness and
soldierlike bearing of the whole force, as well as to
the great improvement made in battalion and
skirmishing drill since the review of November 9th,
1860." Without efficiency in the use of the rifles no
troops can be of much account. But we find that this
part of the volunteer training had been carefully
attended to. The musketry instructions were specially
under the direction of the Staff- Adjutant, Captain
Biggs, and the volunteers on the roll were carefully
practised at the butts then erected on the South Park
Lands. Li a return published on December 2nd, 1862,
in the Government Gazette it appears tliat the final
classification of the Volunteer Force for that year at
target practice with the long Enfield rifle, and under
the Hythe regulations of 1860, gives the result as
follows : — Out of 1,296 officers and men in attendance
on stated days there were — 219 in the third-cJass, 406
in the second-class, and 671 volunteers in the first-
I
I f
The Canst it utional History of South Australia. 175
class. Of the total number, 40G classified as marks-
men, and the ratio of marksmen to the number
classified was 31 •32 per cent. On November 20th in
the preceding month the total number of volunteers
on the roll, including 43 of the Free Rifle Corps, were
2,008 of all arms, and 745 of this total constituted the
strength of the Adelaide regiment in ofiicers and men.
The last volunteer review to which I shall allude was
held on May 27th, 1SG3. And here again I shall not
hesitate to place on record in these pages the opinions
of the press. The Advertiser of May 2Sth, 1863,
reported : — " Wednesday, May 27th, was observed as a
general holiday by the citizens of Adelaide, it having
been fixed as the day for celebrating the birthday of
Her Most Gracious Majesty Queen Victoria. The
chief feature in connection with the commemoration
of the event was the review of our volunteer troops
on the North Park Lands. If the review of Wednes-
day did not satisfy all that we are entirely secured
from or prepared to meet an invader, it nevertheless
assured those versed in military tactics that we have
the nucleus of a not-to-be-despised army." The
Re(jis*er remarked on the following day, after giving
full details, which I shall presently transcribe — " Thus
ended the review of May 25th, 18G3, which on the
whole was a most successful demonstration, and
8howe<l that the ardor of the South Australian volun-
teers is still unabated."
" The volunteers of South Australia again responded
176 The Const it utlunal History of SuutJi, Australia.
to the call of duty l»y attending the review held on
Wednesday, May 27th, in honor of Her Majesty's
birthday." Subjoined are the companies who were
present, with their respective numbers : — First Ade-
laide Rifles (Captain Lower) — 42 officers and men, and
15 in the band ; Adelaide Rifles (Captain Warburton,
of the Angaston Rifles, in the absence of Lieutenant
Clark on leave, and Lieutenant Lewis (who was
engaged in dispatching the mail) — 35 officers and men ;
West Adelaide Rifles (Captain Cawthorne) —40 officers
and men ; Sturt and Brighton Rifles (Captain Burton)
— 35 officers and men ; Gawler Volunteers (Captain
Ogilvy) — 31 officers and men, and 10 in the band ;
Salisbury Rifles (Captain Wauchope) — 12 officers and
men ; Eastern Suburban Rifles (Captain Sellar) — 14
officers and men ; No. 1 Brighton Rifles (Captain
Niall) — 28 officers and men ; Mount Barker Rifles
(Captain Paltridge) — 22 officers and men ; Kapunda
Rifles (Captain Egerton) — 4G officers and men , Wood-
side Rifles (Captain Bundey) — 25 officers and men ;
Teatree Gully Rifles (Captain Robertson) — 18 officers
and men ; Kapunda Mine Rifles (Captain Oldham) —
102 officers and men, and 15 in the band ; Williams-
town Rides (Captain Warren) — 20 officers and men ;
City Rifles (Captain Shawyer) — 24 officers and men ;
Port Rifles (Captain Addison) — 7 officers and men ;
Adelaide Artillery (Captain Blackhara) — 38 officers
and men, manning 4 guns ; Port Adelaide Artillery) —
(Captain Quinn) — is officers and men, manning 2
The Constitutional History of South Australia. 177
guns. There were two members of the Milang-
Company — Captain Rankine and Private C. Coleman.
The regimental colors were borne by Lieut. Weir, the
junior lieutenant of the force, who was escorted by
Sergeant Harris of the Eastern Suburban Rifles,
Sergeant Liddie, and Privates M. Flannery and Thomas
Ore of the Kapunda Mine Rifles, and Private Savage
of the Woodside Rifles. At a ({uarter-past 12 o'clock,
all preliminaries having been arranged, the infantry
marched along North - terrace. Bridge - road, and
Pennington-terrace to the review ground, where the
artillery had already taken their position. On i-each-
inof the Q-round the brigade was wheeled into line and
stood at ease until His Excellency's arrival at a quarter-
past 1 o'clock. His Excellency was attended by Mr.
J. G. Daly, private Secretary, Mr. R. D. Ross, A.D.C.,
Major Bowdler, 40th Regiment, and Chief Inspector
Hamilton, and was escoi'ted to the ground by fifteen of
the Reedbeds Cavalry, under Captain Ferguson, and a
number of mounted ti'oopers under Sergeant- Major
Searcy. His Excellency having taken his position at
the saluting base, the cavalry formed on the right of
the brigade. Lady Daly, Miss Daly, and Mr. J. G»
Daly came on to the scene shortly afterwards.
Imme<liately on the arrival of the Governor the
proceedings commenced, which we shall now endeavor
to detail. Lieutenant-Colonel Finniss commanded the
brigade, and was assisted by Major Mayo, Captain
Biggs, Adjutant Wf»rsnop, and Drill-instructor Fraser>
12
178 The Constitutional History of South Australia.
who acted as orderly. The movements on the review-
ground seem to have been divided into five jieriods.
The first consisted of the usual ceremonial display in
honor of Her Majesty's birth, followed by marching
past the Governor-in-Chief in review order. The line,
which numbered upwards of oOO volunteers, being
drawn up with cavalry and artillery on the right. A
feu-de-joie, was fired by the battalion, each round
following a discharge of seven guns from the artillery,
thus completing the number of twenty-one guns
prescribed for a royal salute. The feu-de-jo le was
fired with rapidity and regularity. When the deep
boom of the guns and the sharp rattles of the rifles
died away the battalion presented arms, and gave three
hearty cheers for the Queen, and at the same time the
band of the First Adelaide Rifles struck up the
National Anthem. His Excellency then rode to the
front and was received with a general salute, after
which he proceeded along the line from right to
left, accompanied by his staff, and made a careful ins])ec-
tion of the appearance of the volunteers of all arms,
returning along the rear and round to the front, when
he took his station near the salutino: base to witness
the marching past ; and really the way in which this
part of the programme was carried out reflected great
credit on the volunteers ; the precision of the wheels
at the several angles of the squares, the regularity of
tread and the perfect line of the several companies
spoke well for their steadiness and drill. The cavalry
The Constitutional History of South Australia. 179
and artillery aroused the attention of the spectators
by the martial and formidable display they made, and
the horses of the artillery behaved exceedingly well.
Notwithstanding the heavy nature of the ground,
after marching past in open column the brigade moved
forward a second time, the cavalry and artillery at a
trot, whilst the infantry were formed in closer array
than before. There were four distinct and separate
advances for the attack, combining the use of- cavalry,
artillery, and infantry, each advance being varied in
its details, and followed by corresponding movements
of retreat to bring the little army on each occasion
back to its original position, fronting the ground selected
for the view-point of the Governor and spectators. A.t
this period the scene was brilliant and animated,
beyond what could have been expected, considering the
threatening state of the weather and the dampness of
the ground and atmosphere from the late heavy rains.
A line of skirmishers rapidly spread itself out from
the advancing line, covering the movement by a rapid
and desultory fire, which gradually approached the
spectators, followed in the distance by a majestic line
of bayonets. Suddenly they halted, and a volley pealed
from the whole attacking force, aimed directly over
the skirmishers, who at the distance of about 50 j-ards
in front were ordered to lie down. The skirmishers
fired in their turn and disappeared from the front,
when a well-sustained rattle of musketry from the
main body covered the line with smoke, and partially
12 a
180 The Constitutional History of Suicth Australia.
hid the men from view. In the cloud and apparent
confusion the shrill notes of the bugle were heard, and
the firing ceased. Then followed a dashing charge of
cavalry across the ground just quitted by the
skirmishers. This being finished the line was seen in
full retreat, and suddenly it broke into open column^
and exposed to view the artillery which had
previously been planted in the rear. The retreat was-
eflfectually covered by this arm, for the column could
scarcely be distinguished through the veil of smoke
raised by their fire. The next advance was made in
different array. The approach was in column at.
quarter distance, flanked on the right by artillery, and
on the left by cavalry. Soon the horsemen spread out,,
usinr/- their carbines in attack. In the intervals
between the horses was seen an intermediate line of
infantry in extended order, moving steadily to the
front before the main body. The cavalry speedily
dispersed, moving to the extreme left out of sight,
and the sharp crack of the rifles was then heard, but
was drowned at intervals by the fire of artillery which
had swept up with the column. Soon after this the
scene again changed ; the riflemen disappeared and
the column was observed to lengthen its dimensions
into a formidable line. When this had been fully
formed, a volley blazed from the entire front ; and
after a time a retreat was effected by alternate wings
firino- and sustaining each other. This movement was-
admirably supported by the artillery, three guns on
The Constit'i.tional History of South Australia. 181
each llank. A short cessation ensued, and then a
most imposing advance was made in direct echelon of
companies from the right. As this arra}' came
sweeping on, a sudden order changed the whole front
to the left, when line was formed to the new front, and
skirmishers were seen scattered over the new space
selected for the battle ground. This was a most
effective and well-executed movement. Cavalry were
now seen in the distance, and the alarm was sounded,
for they had now assumed an hostile attitude and
menaced attack. The infantry were rapidly thrown
into a defensive position, and the skirmishers formed
into small squares just in advance of the main body,
which also prepared to bid defiance to the threatening
horsemen who now began to approach. The position
seemed too formidable for successful attack by them —
a living redoubt on the right bristled with bayonets
the battery of artillery in echelon had taken post at
an angle on its left, and the skirmishers' squares
protected the left flank of the guns. On, however,
came the cavalry at a rush before they discovered
their mistake, but the fire of artillery and rifles
opening on them they rapidly wheeled round and
disappeared from the front of the position. This
manoeuvre was also well executed, and was much
appreciated by the spectators, although in tlie
formation of the battalion square there was some
little disorder, which was soon remedied. The <lay
was now far advancing, and it was generally
182 The Constitutional History of South Australia.
expected that this hrilliaiit display would be
the closing effort of the volunteers. But a new
movement was evidently to be tried. It was to be
shown that the volunteers were trained in other modes
of warfare. After breaking up their position they
took ground again towards the river, again fronted
the spectators and stood a solid mass ready for another
attack. This time the whole battalion skirmished,
advancing with supports- and reserves ; skirmishers
were relieved whilst advancing, and finally on a
retreat being ordered they were again relieved retiring,
thus showing that whether in solid battalion against
infantry or cavalry, or in light infantry order spread
over the ground they could be trusted to take their
part in line either for attack or defence. At the close
of their last skirmishings movements the line was
formed, the ranks were opened, and the Governor
riding to the front received a parting salute, which
closed the movements of the day."
This may be said to be the closing scene of the first
volunteer movement. It is now twenty years since
the event I have described took place. Many who
shared in the pageantry and amusements of that
day may have passed away to their long home, but
those who were present and survive at this date will
remember with some feeling of pride and satisfaction
the share they had in that day's demonstration as
citizen-soldiers, under the eyes of relatives, wives,
children and friends, who had flocked to the scene to
The Const it utional History of South Australia. 183
the number of not less than four thousand. Other
reviews hav^e been witnessed in later times in which
perhaps larger numbers participated and a more com-
plete discipline was exhibited but efficiency can always
be purchased where able-bodied men are to be found,
a,s is the case in South Australia. The first volunteers,
at much cost and inconvenience to themselves, showed
that in an emergency men will also always come to
the front in sufficient numbers to defend their hearths
and homes in the hour of menace, and the early
volunteers have certainly the credit of having proved
the source of a military organisation, partaking more
of the qualities of regular troops in training and
discipline, though not superior in patriotic ardor.
One effect of the enrolment of the first body of
volunteers has heen the diffusion throughout the
colony of the knowledge of the use of the rifle, the
advantages of which will be to render it easy in the
future to collect a large body of men well trained in
the use of military weapons, who, as a militia, will
quickly acquire the drill necessary to make them
effective soldiers in tactical movements. The review
of May 27th, 18G.3, is the last that I shall record.
It closed the three years' service of the first enrolment
of the unpaid volunteers, and from that time forth
the system gradually gi'ew into disfavor with the
Government, although a second enrolment was resorted
to for a further jieriod of three yeai-s under altered
regiriations, which were issued on September 22nd,
184 The Constitutional History of South Australia.
18G3, under the rule of Sir Dominick Daly. In order
to secure the renewal of the services of the trained
volunteers they were offered as an inducement to sign
the new roll the free gift of the rifles and accoutre-
ments then in their keeping. But it was felt that
the day was gone by when men would continue to
attend drill without some com]3ensation for loss of
time, and this disinclination was shown in the gradual
falling off in the numbers present on field-days. Still
the volunteer movement did not depend entirely on
the force enroled by the Government, A number of
colonists had formed themselves into an association for
rifle practice in 1861 ; and Sir Eichard MacDonnell
gave a very politic support to this association by
allowing himself to be nominated its president. They
had their first meeting on October 29th of that year.
This system of encouraging men throughout the colony
in the use of the rifle was attended with the happiest
effects, and has since then developed into the " South
Australian National Rifle Association," recognised by
the Government and encouraged by a special Act of
Parliament as an Auxiliary Volunteer Military Force
afterwards authorised by an Act, No. 118, passed in
the 3^ear 1878.
But to return to my account of the original
volunteer unpaid force and its renewal in 1803 by a
further enrolment for three years. The feeling that
better attendance would be secured by payment of the
men was expressed in the House of Assembly in a printed
The Constitutional History of South Australia. 185
memorandum (No. 115) by Mr. H. B. T. Strangways,
M.P., on the enrolment of volmiteers, together with
Colonel Bigg's report on the same. In this memoran-
dum Mr. Strangways suggested the payment of 2s. Gd.
to every volunteer for attendance at drill, and a line
of corre-sponding amount in case of absence from parade.
This was not at that time adopted, but it led to the
passing of an Act on ISIarch IGth, 1866, which
completely altered the system and made the Volunteer
Military Force a paid body. By this Act the various
volunteer comi)anies previously in existence Avere
disbanded. The following year this A-ct underwent
amendment, and was superseded by No. 19, of 1866-7.
A printed parliamentary paper (No. 192), dated
December :3rd, 1867, gives the strength of the volunteer
and reserve forces. From this return, signed by
Colonel Biggs, then commandant of the whole
defensive force, it appears that the paid volunteer force
numbered 856, and the reserve only 34. The
defensive movement w^as deemed incomplete and public
opinion being in a very unsettled condition, the
Government were induced to recommend the appoint-
ment of a royal commission. The commission
subsequently issued by the Governor, Sir Anthony
Musgrave, on the advice of the Chief Secretary (the
Hon. William Morgan) nominated the following
gentlemen as members "to consider and report upon
the whole rpiestion of the defences of the province,''
viz.. Colonel Warburton, of the reserve force ; Frederick
186 The Constitutional History of Soitth Australia.
Howard, Staff Commander, R.N. ; the Honorable
Boyle Travers Finniss, Colonel Reserve Force ;
William Barber, Colonel of H,M. Madras Army ;
Benjamin D'Urban Mnsgrave, Captain H.M. 39th
Regiment; and James Hesketh Biggs, late Captain
H.M. 49th Reo'iment. The commission was dated
January 22nd, 187G, and on January 29th His
Excellency was pleased to appoint the Hon. B. T.
Finniss to be chairman. The first meeting was held
on February 8th following and continued through
repeated adjournments until June 12th following, when
the commission furnished their report to the Governor.
It was signed by every member to mark their
agreement in the general principles ; but each member,
in an appendix, stated his views on special parts of
the report. These separate statements are valuable as
embodying the opinions of men who had military or
naval experiences to guide them, and who had before
them authoritative reports from the engineering staff
of Woolwich, as well as from the mercantile firms of
Messrs. Laird, Whitworth, and Armstrong. Our
present system has been based on the general report of
the commission, and our defences, under the control
and command of able and experienced military officers
selected by the Imperial Commander-in-Chief, will no
doubt follow, in any changes in the nature of
expansion, the models before them in the British army
organisation whilst they continue to be suitable to
local circumstances. The report of the commission is
The Constitutional History of South Australia. 187
not quoted here, because it is easily obtainable, and
will be found in full in the parliamentary records {see
pp. No. 45 of 1876.) This sketch will now close with
the statement that our defensive establishment is
under the chief command of Colonel Downes, major in
the Royal Artillery, assisted by Deputy-Assistant
Adjutant-General Jervois of the Royal Engineers.
In the y'ear 1 880 the military local forces consisted of
sixty mounted rifles, one hundred and forty artillery,
and eight hundred of the Adelaide Rifles, to which the
South Australian National Rifle Association of which
Colonel Downes is inspecting field oflicer, will form a
valuable auxiliary force in reserve in the hour of need.
CHAPTER IV.
•Continuation of rule of Sir Henry Yoiing — Grievances in the
Colonies owing, as they alleged, to the misappropriation of the
Land Fund — Remarks on the importation of labor at the cost of
the Colonial Government — The effect of the gold discoveries in
1551-2 is to bring the Australian Colonies into importance, and the
difficulties of governing them under the new circumstances leads to
offers of the Imperial Government to grant free institutions to the
colonies, and to second their efforts to frame suitable constitutions
— Quotations from Imperial despatches containing these views —
Public meetings throughout South Australia in favor of an elective
Upper Chamber, instead of one nominated by the Crown, as
proposed.
A N attempt has been made in the preceding
-^-^ chapter of this narrative, under a description
of the Volunteer Military Movement in South
Australia, to carry the reader back to the origin of
the defensive position of the colony in 1854. We
can see at this time, if we please (October, 1884), two
powerful batteries erected on the shores of Port
Adelaide, and we have just witnessed the arrival in
our waters of a war ship, the property of South
Australia, armed and constructed at our own cost
after the most approved modern type at present known
in England. We may now bid defiance to any mere
predatory oi privateering attack consequent on. a
declaration of war by any of England's enemies ; and
we have shown that we are in, earnest in our desire to
The Constitutional History of South Australia. 189
render ourselves worthy of the independence which
we claim in virtue of our British descent — an inde-
pendence, however, not of the mother country — but
of all foreign interference. We are now in a position
to form, on equal terms, one of the family of free
states, whose confederation for common objects,
defensive and political, is but a question of the
immediate future. In the meantime, under the a?gis
of Britannia, we are busy planning that future, and
preparing ourselves to develop social and national
interests in accordance with the high destiny that
awaits us, provided with all the privileges of self-
government, and trained in the mental habits and
experiences derived from the traditions of our
ancestors, which have taught us that political power
and true freedom are only safe in the hands of a law-
abiding people. The English nation, it is true, has
been built up to its present greatness through the
storms of civil wars and revolutions; but they were the
conflicts of a free people overcoming tyranny ; and we,
an offshoot of that great stock, are profiting by the
results of those constitutional stru<]forles, and, as far as
prophetic vision can reach in these days, we have done
with tyrannies, dynastic, aristocratic, or democratic,
and have learnt that a people free to make their own
laws and choose their own government, if only true to
themselves, have an instrument at connnand more
potent than insurrections and revolutions — that is
tlieir own sovereign will, calmly, peacefully, and
190 The Constihitional History of South Australia.
constitutionally exercised. These remarks will not be
deemed a useless digression, when it will be seen that
in our small community we have had occasion to
exercise the great political powers freely offered by
the mother country, and when we come to consider
the motives that prompted Imperial statesmen in
granting, and the people of South Australia in giving
eff'ect to their freedom of action, as evinced in passing
the free political Constitution Act we now possess.
And it is to be hoped that the sketch just concluded
of the volunteer movement will be regarded only as a
necessary divergence from the main stream of our
political history, since that narrative could not without
such a breach of continuity have been made clear and
intelligible in its full bearing, without referring to our
defensive condition. Having thus cleared the way to
revert to our constitutional development, it only
remains to remind the reader of the causes of the
relaxation in the system, by which the Australian
colonies were governed whilst they were classed under
the designation of Crown colonies — a young com-
munity settled under the guidance of the Imperial
power, and at the cost of the mother country, must,
under such circumstances, be satisfied to surrender a
large portion of its political freedom.
The causes of the change in favor of liberal views
of self-government must be sought partly in the
advances made in the science of political government in
England, through the march of public opinion which
Tlie Constitutional History of South Australia. 191
reacted on the views of statesmen, and produced the
reform Acts in the year 1835, enlaro-ing the political
and municipal powers of the whole community; and
partly in the changed condition of the colonies, arising
out of their material progress caused by the extra-
ordinary gold discoveries in New South Wales and
Victoria, m about the year 1851. Whilst statesmen
at home were acquiring views of liberalism, the
colonists, in the full confidence of increased wealth
and importance, were struggling for the full enjoyment
of the rights of representative government. The
grievances which chiefly occupied the attention of the
colonists of South Australia, and were continually
made the subjects of remonstrance, were two-fold.
First and foremost, the administration of the waste
lands of the Crown, and the disposal of the proceeds
of their sale and lease ; and next the patronage and
appointments to office in the Colonial Government,
both of which were entirely in the hands of the
Secretary of State, varied and assisted by occasional
recommendation from the respective Governors of
Provinces.
Men in the possession of power are prone to exercise
it ; and as Governors are but men, it resulted that the
land revenues were expended on projects without refer-
ence to the wishes of the colonists. Thus a sum of not
less than £20,000 was laid out by Sir Henry Young in
the construction of a road between the Port of Adelaide
and the Nortli Arm of the harbor, and an eipially
192 The Coubfitutional History of Sonth Australia.
large sum in the attempt to construct a breakwater
and tramway at Port Elliot in the south, in the hope
of making that port an outlet for the traffic of the
River Murray by way of the Goolwa, a deep reach of
the lower Murray. Both these projects were resisted
and frustrated by the Legislative Council, whatever
may have been the merits and real usefulness of such
works. They were cases of rival interests, contending
to make Port Adelaide the one great outlet for the
Murray trade, and the other intent upon concentrating
value on the already established wharfage higher up
the Port stream. It was found, moreover, and, at least,
was often asserted, that the chief towns in the colonies
favored by being the seat of Government, received too
large a shai-e of the expenditure of the land fund to
the disadvantage of the country districts. These were
old grievances, and this alleged misappropriation has
been fully alluded to in that part of my historical
narrative in which I explained the origin of district
councils.
Then as to the expenditure of the immigration fund,
which formed part of the land fund, after provision
had been made for the cost of survey and laud sales^
there were fi-equent complaints. The immigration
fund, by Act of Parliament, was placed under the
management and control of Colonisation Commissioners
in London, and was not always judiciously expended ;
probably in some degree owing to imperfect recom-
mendations from the colonial authorities. The
The Constitutional History of South Australia. 193
mismanagement of this fund, alluded to in a former
chapter, became apparent in the spasmodic supplies of
labor at times when the supply was not needed. The
excess of labor in the year 1841 first became a source
of great embarrassment to Governor Grey, especially
as the public finances and private capital were subject
to a severe strain caused by the sudden reduction of
Government expenditure, and the dishonor of the bills
drawn by Governor Gawler in 1840 to maintain that
expenditure. Private capital was found to be entirely
dlsproportioned to the effort of finding employment
for the new arrivals. The supporters of the Wakefield
theory of colonisation, which provided that all the
proceeds of all sales of waste lands of the Crown
should be dedicated exclusively to the introduction of
labor, seemed to have assumed that the purchasers of
land would always introduce or provide capital for its
improvement and the employment of labor. During
the first six years of the existence of the colony of
South Australia, ending in 1841, the land sales realised
£28.'),4';G, or an average yearly receipt of £47,570 ; the
whole population accumulated during the six years
— being only 21,140 persons — it is clear that the
speculators in land at that period, most of whom were
absentees, as the records show, had failed to introduce
capital into the colony in accordance witli the expecta-
tions of its promoters. The land alienated during the
.same period consisted of :?{)0,72:3 acres, and yet the
number of tlie laboring population greatly exceeded
13
19^! The Constitutional History of South Australia.
the capital, public and private, available to find them
work. Subsequent Imperial legislation sought to
restore the equilibrium between the capital available
for improvement and the capital dedicated to the
introduction of labor. Still, however, it seemed
impossible to balance the two supplies effectually,
and at various times since 1841, the difiiculty of
finding employment for imported labor has been
severely felt, and has led to poverty and destitution.
But in the year 1853, although the apparent mis-
management of immigration, then in the hands of the
home authorities, had not reached the stages it has
since assumed, it was felt to be a grievance for which
we were not responsible, and the ofier of the Imperial
Government to give us complete control of the waste
lands of the Crown, on certain conditions, was hailed
with satisfaction. The problem of the best mode of
dealing with the Crown lands remains one for full
consideration ; and the introduction of laborers at the
public cost is still not well understood. The experience
of the past would, in the opinion of many persons,
seem to point to the abolition of all action on the
part of the Government to sustain a State paid supply
of labor. The arguments used were not without force,
and demand careful study. Assisted immigration, as it
is termed, when part of the cost of the sea voyage is
contributed by private persons, is attended with this
evil — that the friends and relatives who contribute a
share of the cost and nominate the persons for passage,
The Constitutional History of South Australia. 195
subject to approval by the colonial officers in London,
are not guided in their recommendations by any
general views or knowledge of the particular requii-e-
ments of employers, but rather by domestic sympathies ;
and hence the persons introduced, especially as regards
skilled labor, find employment difficult in the fields of
industry in which they have practised at home. As to
free immigration, it is vitiated in its results by the
action of agents in England, who use inducements and
circulate information too much in the nature of
exaggeration, and too much in the style of recruiting-
sergeants, anxious to persuade. And the system is
further complicated by the instructions of the colonial
Ministry, who must occasionally be influenced by
classes of employers, and by the constituencies which
return members to Parliament. Parliamentary action,
too, sometimes embarrasses a Minister by creating
delays at times when prompt decision might meet the
cases arising out of meteorological conditions, always
uncertain in this climate. Free immigration, to have
the best chance of success, belongs more immediately
to the functions of an executive than of a deliberative
organisation. Considering the system under all these
views, it should not excite surprise that trade and
labor unions have taken root as a protection against
attempts to keep down rates of wages. The Govern-
ment can only provide employment by engaging in
extensive ])ublic works ; but the time must come when
the state of the public <lebt incurred in tlieir prosecu-
1.3 A
196 The Constitutional History of South Australia.
tion will impose a limit to great undertakings not
immediately reproductive, and it will then become a
serious problem for solution how far the State should
continue the responsibility of regulating the labor
supply. It is. no part of my intention in penning
these passages, to suggest considerations arising out of
personal views, as I may appear to have done, but it is
incumbent on me as regards questions that natui-ally
come before me in relation to past experiences, to point
to the arguments used by opponents as well as sup-
porters of any system, in order that the}^ may be made
available for future guidance and consideration ; other-
wise history loses its value in practical politics, and
would become a record only of bare facts, without
visible connection of cause and effect, throuo-h which
the thinking mind gains instruction in the regulation
of conduct.
The train of events arising out of the new direction
in which material progress began to move, through the
effects ef the gold discoveries of 1851, has now brought,
me to enter at some lencjth into a review of the course
followed in South Australia in the year 1853, to secure
the advantages offered by the Imperial Government,
involving the principle of responsible government, and
the control and management of the waste lands of the
Crown. It will be necessary to prelude the action of
the Legislative Council in framing the Parliament
Bill of 1853, by quotations from the despatches
addressed to the Governor of South Australia (Sir H.
The Constitutional History of South Australia. 197
E. J. Young), stating and explaining the terms and
conditions under which the Governor of New South
Wales was invited to frame a new constitution for that
o-reat dependency. The despatches aSecting South
Australia date from December 15th, 1852, and were
laid on the table of the Legislative Council on July
21st, 1853. (Council paper No. 10.) On so important
a question I shall not hesitate to give the full text of
the dispatch (No. 26) from Sir John Pakington to
Lieutenant-Governor Sir Henry F. Young. It is therein
stated — " I transmit to you the copy of a despatch
which I have addressed by this day's mail to Sir
Charles Fitzroy, and of which a copy has been also
sent to Lieutenant-Governor Latrobe. The circum-
stances of South Australia are in some respects so
different from those of New South Wales, and its
experience of constitutional Government so much
briefer, that I hesitate to convey to you instructions
to the same effect as those addressed to Sir Charles
Fitzi'oy — not because Her Majesty's Government are
in the slifditest degree disinclined to extend to the
inhabitants of South Australia similar concessions with
those here made to the other colonies, but because they
are without sufficient information of the views and
feelings of the community under your government to
entitle tliem to make a definite proposal — and they
are unwilling to originate discussions on questions
which, ])erhaps, the colonists may not themselves be
inclined, at the present juncture, to take into considera-
198 The Constitutional History of South Australia.
tion. I believe, therefore, that the safest course which
I can pursue is to place this despatch in your hand,
leaving you to consider, with the advice of your
Executive Council, the best mode of bringing its
contents under the notice of the Legislature, and with
the general assurance that Her Majesty's Government
are not disposed to make any distinction as to the form
of crovernment or administration of the land fund
between South Australia and the other provinces
concerned, unless in pursuance of the wish of the
colonists themselves." The despatch, quoted in its
entirety, encloses one to Governor Sir C. Fitzroy of
equal date, but numbered 95, The whole question of
the grievances which New South Wales had referred to
in petition to Her Majesty was therein fully discussed.
The views of the Imperial Government, also proposing
to concede the entire disposal and management of the
Crown lands, and the revenues arising from them, were
given in full, and the conditions on which these terms
would be o-ranted were set forth. It will not be
necessary to recite the whole of this enclosed despatch ;
but, as the South Australian Government was invited
to consider the best mode of bringing the subject
under the notice of the Legislative Council, it will
be requisite to state the terms and conditions to
which the attention of the New South Wales Govern-
ment was directed, since they would equally apply to
South Australia. The motives which operated to
influence the Imperial Government, in addition to a
Tlie Const it utional History of South Australia. 199
desire to settle the grievances set forth in a petition
of the Legislative Council of New South Wales, were
stated to have arisen from the extraordinary discoveries
of gold in some of the Australian colonies, which had
imparted new and unforseen features to their political
and social condition — a state of affairs described as
having no parallel in histor}^ The new El Dorado
suddenly starting into existence, excited attention in
England ; and the gold- producing colonies of the
southern hemisphere, regarded as sources of untold
wealth in the future, at once gave that importance to
the Australian colonies, which riches and prosperity
can alwa3's command. The Secretary of State, how-
ever, carefully avoided the admission of the claim of
the colonists to insist on the administration of the
waste lands as one of absolute right, in which shape
the petition of New South Wales asserted it ; but in
offering the concession on certain conditions, he put it
forward as a question of expediency, and not of right.
In reference to the desire expressed by the Legislative
Council of New South Wales to have a reform in the
constitution of the Legislature, Sir John Pakington
stated — " That was a sentiment in which Her Majesty's
Government fully concurred." And they believed
that the rapid progress of New South Wales in wealth
and population rendered it necessary that the form of
its institutions should be more nearly assimilated to
that prevailing in the mother country. In compliance,
therefore, with tlie opinion expressed by the Council
200 The Const ihitional History of South Australia.
of New South Wales, in favor of a constitution similar
in its ou.tlines to that of Canada, and with a view also
to the most simple and expeditious mode of completinf*-
the whole transaction, Sir John Pakington proceeds —
" It is the lulsh of Her Majesty's Government tliat the
Council should establish the new Legislature oh the
basis of an Elective Assembly and a Ler/islative
Council, to be nominated by the Croivn." In these
comments I have selected for notice such portions only
of the despatch of Sir John Pakington to the
Governor of New South Wales as bear especially
upon their application to the colony of South
Australia, in order that the reader may be able to
form a judgment as to the action of the colonial
Government in introducing the " Parliament Bill " as
the best mode of bringing the subject of an enlarge-
ment of the powers of the Legislature before the
public, and of explaining the interpretation juit on
the despatches by the Executive Council. J have
italicised such of the quotations as seemed to refer
most directly to the questions likely to be raised in the
Legislative Council and elsewhere. These questions
were the nature of the constitution of the two
chamber ^!, and especially of the Upper House, upon
which there were great differences of opinion, the
minority at that time contending for an Elective
Upper House instead of the proposed Nominee
Chamber ; the Government contended for the Nominee
basis as being in accordance, apparently, with the
The Constitutional History of South Australia. 201
wishes of tlie Imperial authorities then in power, and
therefore more likely to secnre the assent of Her
Majesty to any Bill referred home embodying that
principle. The Opposition toolv an opposite view, and
contended for an Elective Upper House as most in
accordance with the wishes of the colonists, by which
the Home Government, they maintained, wouhi be
induenced, as implied in the concluding words of the
despatch of Sir John Pakington, of December 15th —
words which I have drawn special attention to in my
(juotation.
The views of the Opj)osition were considered to
have derived strength from subsequent despatches
addressed to the Governor by tlie new Secretary of
State, the Duke of Newcastle, a change of Ministry
having taken place in Englanl during the short period
elapsed between Decembar 15th, 1852, and February
Sth, 1853, the date of the Dake of Newcastle's
despatch referring to Sir John Pakington's previous
instruction to Sir Henry Young. The new Secretary
of State, however, on January 18th, in writing to
Governor Sir CMiarles Fitzroy, used the expression
which I now quote : — " I have to .state, then, that my
colleagues and myself cordially adopt the conclusions
of Her Majesty's late Government respecting the
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
202 The Constitutional History of South Australia.
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 disposi-
tion 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.
I am ignorant of the shape," His Grace continues,
" which the project under the consideration of the
committee of the Council may eventually assume.
The Legislative Council, indeed, in the petition }3efore
adverted to, favored a constitution similiar in its out-
line to that of Canada." This paragraph seemed to
admit of the implication that the Duke of Newcastle
might give his sanction to any other form of govern-
ment, although differing from that adopted in Canada,
which his predecessor had apparently recommended
when he ventured to express "the vjish of Her Majesty's
Government that the Council should establish the new
Legislature on the basis of an Elective Assembly and
a Legislative Council to be nominated by the Croiun."
At this distance of time, and in view of actual results,
I am inclined to favor the implication above urged ;
and I cannot fail to remark that the Duke of New-
castle, while not expressing any particular views as to
the constitution of the Upper Chamber, did not sug-
gest that Her Majesty's Government would have ob-
jected to a Legislature consisting of one chamber only
There is no question that the constituencies desired
The Const it Htional History of South Australia. 203
an Elective Upper Chamber, as public meetings were
held throughout the country urging their representa-
tives to press this view in Council ; and a petition,
numerously signed, was actually forwarded home
praying for the disallowance of the Parliament Bill
then transmitted to the Secretary of State, on the very
ground of the Nominee Upper Hr»use provided in that
Bill. I have now oriven the reader extracts from the
despatches on which the Legislative measure, known as
the Paidiament Bill of 1S53, was based in accordance
with the interpretation put upon them by the existing
government in the colony. To be wise after an event
is very easy. But we have reason for congratulation
that the Nominee principle gave place to the Elective
system, adopted when the Parliament Bill was
disallowed, and our present Constitution Act, con-
sidered and framed by a Legislature expressly
summoned after reference to the Constituencies, to
ascertain the wishes of the colonists and decide the
question. As a matter of history it will be necessary
to relate the steps actually taken in their proper order
before the final consunnnation, and the arguments
used in the Legislature during; the discussion on the
Parliament Bill in LS53, as they prepared the subse-
f[uent Council to reconsider the various questions,
other than the mere construction of the Upper
Cliamber, with a full knowledge of the strength of
parties, the wishes of the colonists, and the views of
the Tm[)erial authorities.
CHAPTER V.
Continuation of the rule of Sir H. E. F. Young to its close in December,
ISot— Asi=emblingof the Legislative Council on Julj' 21, 1S53, to
discuss the Parliament Bill on the basis of two Chambers ; one of
them elective, the second nominated by the Crown on the invitation
of Sir John Pakington, Secretary of State for the Colonies-
Struggle of the Liberal party against nomineeism — Union of the
Conservatives and Liberals to secure Self-government as opposed
to the power of the Crown— The power of the purse placed in
the hands of the people's House, and provision made against the
predominance of the Nominative Chamber— Judges and ministers
of religion disqualified from sitting in Parliament— The Civil List
submitted to a Special Committee— Their Report differs from the
Schedules of the Government— The Committee propose the payment
of bonuses instead of pensions to officers displaced by the Act—
The Government adopt this recommendation — The question
re-opened in 1854 in another session— Tiie Crimean War— Summary
of the most important Legislative Measures of Sir H. E. F. Young
—No despatches from the Colonial Office declaring the views of the
Government on the Parliament Bill -The departure of Sir H. E. F.
Young to assume another Government.
THE quotations which I have given from the
despatches of Sir John Pakington and the Duke
of Newcastle, who succeeded him as Secretary of State
for the Colonies, will put the reader in possession of
the motives which induced the Lieutenant-Governor,
Sir Henry Young, to place before the Legislative
Council the Parliament Bill of 1853, in which it was
proposed to form a new constitution on the basis of
two Chambers, one to be entirely elected by the people
and the other nominated by the Crown. This Bill
The Constitutional History of South Australia. 205
passed the Council on November 10th, 1853, and was
foi'warded to the Impeiial Government for the confir-
mation of Her Majesty. On December 9th, Sir Henry
Young prorogued the Council whicli had been in
session since Jvily 21st of that year. The Parliament
Bill was afterwards strenuously objected to in addresses
from a large body of colonists to the Secretary of State,
which were specially referred to in a despatch from
Lord John Russell to the then Governor, Sir Richard
MacDonald, dated May ord, 1855, In that despatch
Lord John informed the Governor that after fully
considering the question Her Majesty's Government
had come to the determination that it would be
advisable to inti'oduce no measures in the Imperial
Parliament that session to enable Her Majesty to
assent to the Parliament Bill of Sir Henry Young,
which would consequently remain imperative. In
simple language the Parliament Bill had been dis-
allowed. This measure had been fully and freely
debated in its passage through the Legislative Council,
and the Colonial press made a complete report of the
arguments adduced on both sides. At that period
there was no acknowledged authoritative record of the
speeches made in the Legislature, as we have them at
present reported in Hansard. Hence I cannot do
better than refer to the newspapers of the day as the
best voucliers I can supply of the proceedings. The
Adelaide Observer of Saturday, August Gth, 1853, gave
a full and relial^le account of the speeches on Mr.
20G The Constitutional History of South Australia.
Dutton's motion in favor of an Elective Upper House,
which was defeated on Friday, August 5th, by the
previous question moved by Mr. Younghusband. And
in the Adelaide Times of Thursday, February 12th,
1854, a statement appears explaining the course of
the proceedings and undertakmg the defence of the
Government on the two principal questions Avhich had
been referred to in the addresses alluded to in Lord
John Eussell's despatch (No. :j) of May 3rd, 1855. This
paper was evidently prepared by some pei'son writing
in the interest of the Government, who was well-
informed of the facts ; but as strong personal views
appear to have moved the author, which I am not
prepared to place before the public, I shall only quote
what 1 deem to be historical papsages, in which facts
are given within my personal knowledge, leaving out
much that has ceased to be of any interest since
the Parliament Bill was disallowed, and has been
superseded by the more perfect measure which resulted
in the the Constitution Act of 185G. As soon as Sir
Henry Young communicated the despatches of Sir
John Pakington and the Duke of Newcastle to his
Executive Council, the}^ advised him to call to his
aid the official and non-official nominated members of
the Leo'islative Council. After much deliberation it was
agreed that the despatches should be communicated to
the Legislative Council at the next session, together
with a Bill which it was believed was ]3i"epared in strict
accordance with these despatches, and which, as the
The Constitutional History of South Australia. '207
result of mutual concessions, all the official and
non-official members, "vvho had assisted, declared their
readiness to support. Before coming to this conclusion
the Government had discussed the propriety of making
the despatches public through the press, and also the
expediency of a dissolution of the Legislative Council.
It was considered more respectful to the Legislative
Council to communicate the despatches officiall}' to
them at their next meeting. And it was not deemed
advisable to dissolve the Legislative Council since
there would have been a difficulty in constituting a
new one, arising from the defective organisation of
the constituencies occasioned by the rush to the
goldfields during 1S51 and 1852, v/hich vitiated many
of the electoral registei's and lessened for an indefinite
period the number of votes. When the Government
thus decided upon taking the initiative in j)roposing
to the Legislative Council a Bill to establish a
Parliament in South Australia, it was under the
conviction that a large majority in the Council
and amongst the electors were in favor of some
legislation with a view to extend the Constitution
Act of February 21st, ISol, and secure complete
self-government.
These and other considerations led to the intro<luc-
tion by the Government of Sir Henry Edward Fox
Young of "the Parliament Bill of 1853, which pro-
vided for tlie separation of the Legislative Council as
then subsisting:, into a Parliament to consist of two
208 The Constitutional Hit,-tonj of South Australia.
chambers — one to be nominated by the Crown, the
other to be elected by the people." This Bill was
submitted to the Legislature on July 21st, 18o3, was
read a first time on July 2Gth, and the second reading
was made an order of the day for August 0th. In the
meantime Mr. Francis Stacker Button, the elected
member for East Adelaide, tabled a notice of motion
to the effect " that the Upper House of the two
chambers should be elective." At this time Mr. John
Morphett, one of the nominated non-official members,
was Speaker of the Legislative Council, an office to
which he had been elected on August 20th, ]8ol,
and which he retained in subsequent Legislatures
until August loth, 1855, when the Council existing
on the arrival of Governor Sir Richard Graves
MacDonuell -was dissolved by him. The Legislature in
1853 was therefore deprived of the vote of one of the
nominated members of the Council ; and on the other
hand the elected members had lost a vote by the
resignation of Mr. John Hart, the member for Victoria,
on July 7th. The effective members were therefore
reduced from twenty-four members to twenty-two
during all the discussions on the Parliament Bill of
1853. Mr. Button's motion led to a very warm
discussion, which extended over three days, when it
was brought to a close by "the i^revious question"
moved and carried by Mr. William Younghusband.
The previous question was settled on a division in a
hoiLse of twenty-two members, exclusive of the
The Constitutional History of South Australia. 209
Speaker, by the votes of fifteen members against
seven, constituting a majority of eight in favor of
the previous question. Seven Government nominees
voted with the majority, and eight elected members,
viz., Mr G. M. Waterhouse, Mi\ B. Neales, Mr. W.
Younghusband, Mr. J. Ellis, Mr C. S. Hare, Mr. J.
Baker, Mr. J. H. Fisher, and Mr. Robert Davenport,
^[r. Button's motion in favor of an Elective Upper
House was not settled, but only shelved by this result.
On August 9th the Government proposition came on
for discussion, and after a debate of two days the Bill
was read a second time, on a division by seventeen
votes against five. The opposing members on the
elective side consisted of Mr. W. Giles, Mr. W.
Peacock, Mr. G. F. Angas, Mr. J. T. Bagot, and Mr.
W. Scott. Tiius the Government carried the principle
of nomineeism on this occasion by a majority of
twelve votes. The ayes consisted of seven nominated
membei's, and ten out of the fifteen elected members.
This result had been brought about by a negotiation.
l)etween the Government and the elected members, by
which it was understood that the constitution of the
Upper House might be altered, "if at any time after
the expiration of six years from the time of summon-
iiifj the same, any Bill shall be passed by a majority,
consistiny of not less than tl tree- fourths of the
nienihers of the House of Assembly, chanying
the coiistltiUion and mode of <ippointment of the
sold Lfy'ishdive Council, it sJiall be lawful for the
210 The Constitutional History of South Atistralia.
Governor to reserve the same for the signification of
Her Majesty's pleasure, and the said Bill, if assented
to hy Her Majesty, shall become laiu, and he valid to
all intents and purposes." — (3ord clause.) This was
the celebrated compromise which secured the votes of
a sufficient number of the elected members to carry
the Parliament Bill with a Nominee Upper House.
Not only were the elected members in 1853 powerful
enough to carry this clause in the Parliament Bill, but
so careful were they to guard against the probable
obstructiveness of the Upper House, that in the 32nd
clause of the Bill, as it appeai-ed in print, it was
provided that " whenever any Bill luhich shall have
been passed hy a majority of not less than tvjo-thirds
of the members of the Legislative Assembly, shall not
have been agreed to by the Legislative Council, it shall
he lawful for the Governor in his discretion, if the
same Bill shall at any time during the next session of
the Legislature be passed by a like majority of the
Legislative Assembly, to assent to the same in the
name of Her Majesty, and upon such assent the same
Bill shall become laiv, and shall be valid and binding
to all intents and purposes v.iithin the said province."
In the printed clause (No. 2G) in the same Bill the
Legislature provided that every person authorised by
law to make an affirmation instead of t^\,king an oath,
may make such affirmation in every case in which an
oath is hereby required to Ije taken. The principal
speakers in opposition to the principle of nomineeism
The Constitutional History of South Australia. 211
for the Upper House, were Mr, Francis Stacker
Dutton, Mr. George Fife Angas, Mr. G. M. Waterhouse,
Mr. George Strickland Kingston, Mr. John Tuthill
Bacot, and Mr. William Peacock.
In the important debate on the second reading of
the Government Bill, which came on for discussion on
August 9th and was concluded on the 12th by the
triumph of the Government party, the records show
that Mr. Dutton and Mr. Kingston voted for the
second reading, although they had led the opposition
to the nominee principle which had been shelved by
the previous question. This change of front was
owing probably to one or both of the following causes:
— The Colonial Secretary had stated that unless the
principle of a nominated Upper House were carried
the Government would withdraw this Bill altogethei',
which would have been fatal to all legislation on the
subject of a new constitution. Since parties amongst
the elected members were too much divided to hope
for such an acrreonent amongst themselves as would
make it possible to frame and carry any other measure
against the compact phalanx of the Government,
however small. Mr. Kingston and Mr. Dutton
withdrew their opposition, rather, it would ap[)ear,
than peril the Bill altogether, with the loss of the
control of the land fund which would have resulted.
Or these two members, like many others on the elective
.side wlio had spoken strongly in favor of the elective
jtrinciple for tlie Upper House, may have boon
II \
212 The Constitutional History of South Australia.
influenced in the votes they gave l.iy the compromise
which had been entered into between the Government
and the Opposition ; and to this view I am inclined to
attach the o-reatest weio^ht. The Government Bill was
completely altered by this compromise. The power of
the Legislative Council was manifestly neutralised by
the clause which provided that a majority of not less
than three-fourths of the votes of the Assembly could
change the constitution of the Upper House in any
way they might desire, after a tiial of six years ;,
subject, not to the assent of that House, but solely to
the approval of Her Majest}^ for whose assent any
such Bill would be reserved. The Democratic party
in the House were well satisfied on such terms, to
permit of the passing of the nominative principle ; but
they still guarded the claims of the Representative
Assembly by the proviso afterwards introduced in
the Bill of Sir Richard Graves MacDonnell at the
instance of Mr. Kingston in 1855, that all money Bills
should originate in the House of Assembly, and still
further to overcome the obstructiveness which their
instinct, as it were, suggested to them would be inherent
in a second chamber more conservative in its nature
by the mode of its nomination, and by its more
enduring tenure of power, than the House of Assembly
elected under a liberal suffrage ; it was provided in
the Parliament Bill of 1853, as I have stated, by the
32nd clause that the Governor might assent to
any Bill passed for two successive sessions without.
The Const it nf tonal History of South Australia. 213
ao-reeraent by the Legislative Council, provided a
majority of not less than two-thirds of the members of
the Legislative Assembly concurred in passing the Bill,
and upon such assent of the Governor, without even
reserving the Bill for Her Majesty's approval, the Bill
would become law. With such vast powers conferred
upon the Assembly the Upper House would, as Mr.
John Baker in his speech on August 4th agreed, "be too
easily made the shadow of the lower one." And yet
Mr. Baker, who had in the commencement of his
speech expressed himself favorable to a compromise,
voted for the second reading of the Bill ; and no
doubt it was the protective clauses suggested in the
compromise, against the dreaded overwhelming power
of the Crown foreshadowed in a nominated Upper
House, that determine*! him and many other elected
members to support Democracy as having its expression
in the Lower House, rather than make an Upper House
independent of the po|)ular will, and perhaps an
instrument of the dominant power of the Crown.
New South Wales, as Mr. Baker remarked, " had
accepted the nominated Upper House of Sir John
Pakington, with a very large Civil List, and what was
worse in the view of the hon. member who sat on his
right (Mr. G. F. Angas) an annual grant to the Church."
It was this compromise, then, that occasioned what I
have termed a changed of front on the part of Mr,
Kingston and Mr. Button. They were now satisfied
with the Government Bill, which very much curtailed
214 The Constitutional History of South Australia.
the dignity of the Legislative Council and reduced
their powers of obstruction within the safe limits
necessary, in the view of a liberal representative body
such as the House of Assembly was made at the hands
of the Democratic party.
Various public meetings had been held in the
country districts in opposition to nomineeism, but it
was not until October Gth that any petitions reached
the Legislative Council. On that day Mr. Neales, the
Member for North Adelaide, presented a petition
praying for delay in the passing of the Constitution
Bill until sufficient time had been afforded to the
constituencies to pronounce their views. But there
was another source of discord which I now proceed
to explain. In the despatches from Downing- street,
it was stated that a civil list should form part of
the Legislation on the subject of Legislative reform
to secure the salaries of the Governor, the Judges, and
the chief officers of the Government against the incon-
venient effects of an annual vote. In accordance with
instructions, therefore. Sir Henry Young introduced a
Civil List Bill, concurrently with the Bill to amend
the Constitution. The shedule to the Civil List Bill,
which set forth in detail the salaries of the officers to
be protected, was laid on the table of the House of
Assembly on July 21st, and passed its second reading
on Auo-ust IGth, when the schedule was referred for
consideration and report to a select committee, con-
sistino- of Mr. John Baker (chairman), assisted by Mr.
The Const if utional History of Soiitli Australia. 215
George Marsden Waterhouse, Mr. J. Ellis, Mr. G. S.
Kingston, and Mr. Edward Stephens, who was one of
the nominated non-official members of the House ; the
others were chosen from the elected members. The
Government schedule A in the Civil List is here sfiven
as printed at the time : —
A.
PART I.
£
s.
d.
Salary of Governor
4,000
Salary of First Judge ...
, 1,700
Salary of Second Judge ...
1,500
Salary of Advocate-General
1,200
Salary of Solicitor-General
. 1,000
Salary of Crown Solicitor
PART II.
700
Salary of Colonial Secretary
...
1,500
Salary of Under Secretary
... ...
GOO
Salary of Colonial Treasurer
■•• ...
, 1,000
Salary of Auditor-General
...
800
Salary of Clerk of Executive
Council
400
Salary of Collector of Customs ...
800
s.
10,100
5,100
PART III.
Annuities to existing incumbents of offices
liable to removal on the commencement
of this Act ... ... ... 2,000
[Upou tlie demise of these officer.s, their
respective aiuiuities to revert to General
Ee venue. J
Total ... i;i7,20u
In the Civil List Bill itself it was provided — " that
the sums to be allowed by way of compensation to
any Officers of the Crown liable to be removed, .shall
not e.\ceed two-thirds of the amoinit of the salary of
216 The Constitutional History of South Australia.
sucli officer as fixed for the year one thousand eight
hundred and fifty-two, and shall in all cases be
deducted from the amount of the salary of any other
office under the Crown which any such officer may
hold for the time being ; and a list of such allowances,
and of the persons to whom the same shall be granted,
shall be laid in every year before both Houses of
Parliament of the said Province."
In the proposed schedule of the Government the
salaries of many officers — that of the Governor, for
instance — were increased to meet the higher responsi-
bilities involved ; and some additional offices were
introduced to meet an advanced condition of
the colony, and the requirements of responsible
Government. It should be observed also, that as
certain officers would be displaced by the operation of
the Parliament Bill, a compensation clause was intro-
duced, to provide annuities for them at the rate of
two-thirds of their existing salaries. These officers
were the Colonial Secretary, the Colonial Treasurer,
the Collector of Customs, the Commissioner of Crown
Lauds, and the Advocate-General. The amount of
annual charge to meet these annuities, as proposed by
the Government, was £2,000. In a memorial, the
principles of which were made the subjects of
discussion at a meeting held on January 10th, 1854,
at the Norfolk Arms, an hotel in Adelaide, the
nominee element in the Parliament Bill, which had
then been sent home for the consideration of Her
The Constitutional History of Soutlc Australia. 217
Majesty's Government, was strongly denounced; and
the four public officers for whom gratuities had been
voted, instead of annuities, were held up to reproba-
tion, on the alleged ground that these officers had
voted in the majority on a question in which they
wei-e personally interested, contrary to the practice
of Parliament. Indeed, the (piestion of gratuities to
these officers, it was declared by the memoralists,
should be left to the decision of the Legislative
Council to be summoned prior to the amendment of
the Constitution coming into effect, &c. {See the
Adelaide Times of Thursday, February 12th, 1854.)
The Parliament Bill of Sir Henry Young was ulti-
matel}^ disallowed ; and this decision of Her Majesty's
Government was conveyed to the Governor, Sir "Richard
Graves MacDonnell, in a despatch from Lord John
Russell, dated from Downing-street, on May 3rd, 1885,
which reached South Australia on August 11th of that
year. This despatch acknowledges Sir Henry Young's
despatches of ^November 5th and 28th, 1854, enclosing
copies of proceedings of the Council, and of two
addresses relating to the Pai^iament Bill. No special
mention is made of the memorial adopted at the
Norfolk Arms, and the reasons given for the disallow-
ance of the Parliament Bill and Civil List Bill are
tlius stated. The Secretary of State says : — " The
re.sult, however, which I deduce from the documents
before me, is tliat if the Council were about to undertake
legislation on this subject, unfettered by previous pro-
218 The Constitutional History of South Australia.
ceedings, they would reconsider that portion of the Bill
which relates to the construction of the future Legislative
Council." No allusion is made in Lord John Russell's
despatch to any other cause for the disallowance than
the question of the construction of the L^pper House.
He may have come to this conclusion from the circum-
stance that most of the elective members who voted
for the Bill had spoken against the nominative
principle, and that the Government had experienced
a difficulty in obtaining a majority for their measure,
so much so that a compromise had been necessary on
the subject of the Upper Chamber, without which
there is a strong probability that the Government
Bill would not have been passed. This compromise
indicated a strong objection on the part of the majority
of the elective members to the nominative form
proposed for the Upper Chamber. The protest against
the granting of gratuities as compensation for loss of
office, really, therefore, formed no factor in the decision
arrived at by the Imperial authorities to cause the
disallowance of Sir Henry Young's Parliament Bill.
Yet it unquestionably led to exaspiration on the part
of some of the elective members, and to expressions
in the Legislative Council which justified the con-
clusion that a nominated Upper Chamber was opposed
to the wishes of the elected members generallv, and of
the community at large. I have no doubt that in
proposing and upholding in the Legislative Council the
Bill as originally introduced. Sir Henry Young and his
The Constitutional History of South Australia. 219
advisers believed they were supporting the unalterable
policy of the Imperial Government, as represented
by Sir John Pakington, irrespective of their own
opinions, and they were content to see the Upper
Chamber reduced by the compromise and by the
proviso as to the initiation of Money Bills to little
more than a Court of Revision. It may be well,
therefore, to complete the history of the Parliament
Bill by giving a short account of the Civil List Bill.
It was introduced at the same time as the Constitu-
tion Bill, and was read a second time on August 16,
when a special committee was appointed to consider
and report on the Government schedule of salaries, &c.
The committee consisted of four elected and one nomi-
nated non-official members, whose names have been
already stated. After taking evidence the committee
brought up their report, which was read and ordered
to be printed on September 20th. On October 19th
the Civil List schedule was brought on for discussion.
It was contrasted with that of the spec ial committee,
who had proposed reductions in parts Parts I. and
II., which related to the salaries of the principal
officers of State, and who had materially altered Part
III. of the schedule which provided for annuities to
existing' incumbents of offices liable to removal on
the commencement of the Act. An animated discus-
sion ensued, which resulted in the passing of the
salaries proposed by the Government in the schedule
to the Civil List Bill, as I have previously stated them
220 The Constitutional History of South Australia.
imder Parts I. and II., without a division. On the
question of " Bonus by way of compensation " to • the
incumbents of offices liable to removal under Part III.
of the schedule, the Council divided ; when it was
decided by twelve votes against seven, that the
proposal of- the special committee, in which they
substituted a bonus of four years' salary for the
Government scheme of annuities should be adopted,
except as to the bonus to the Advocate-General, which
the committee had recommended at £1,000 only, but
which by the division this day was stated at £3,000,
or four years' salary, as in the other cases. Part III.
then stood thus :—" Bonus by way of compensation
to the present incumbents of offices liable to removal
on the commencement of the Act" —
£ s. d.
Colonial Secretary, four years, present salary 3,400
Adv. cate-General " " 3,000
Colonial Treasurer " " "■ ••• ^.<^00
Collector of Customs " " 2,000
Commissioner of Crown Lands " 1,100
An effort was made on November 2nd to revise this
decision before the Civil List Bill had passed its third
reading, as it did on that day ; and for this puri.iose a
motion was brought forward to recommit the schedule
annexed to the Bill with the object of bringing Part
III. into agreement with the report of the committee.
The motion for recommittal was lost on a division by
eleven votes to eight, being a majority of three on the
part of the Government. In this majority, however,
The Constitutional History of South Australia. 221
the votes of the Colonial Secretary, the Advocate-
General, and the Collector of Customs were included.
This particular division was subsequently made the
subject of special animadversion by Mr. Kingston and
the menioralists of the Norfolk Arms, and was brouo-ht
forward in the Legislative Council at a later period,
viz., on November 22nd, 1854, to which I shall
presently refer. {See report in S.A. Register of
November 23rd, 1854.)
It is to be observed that the amendment to the
report of the select committee on the subject of the
" Bonus by way of compensation, in lieu of annuities"
was carried against the committee and their supporters
on October 19th, 1853 ; and that the sole difference
was the sum to be paid to the Advocate- General, Mr.
Hanson. " It was thus not one of principle, but one
affecting the number of j'ears' compensation to be
given to an individual incumbent of office." In
consequence of that amendment some of the members
of the committee subsequently voted against the
. Government, but the amendment was carried, notwith-
standing, by a majority in which the Government
officers voted, but from which they might have with-
drawn their votes without affecting the result. The
members of the Government, at the public meeting of
the Norfolk Arms and elsewhere, were held up to
obloquy and misrepresentation by the memoralists on
account of this simple difference of opinion between
Mr. Kingston and his party I'especting the equitable
222 The Constitutional History of South Australia.
claims of one individual. So true it is that feelin^^
enters largely into the consideration under which any-
public question is viewed. Feeling, in this case, led
to the change of views of members, who otherwise
would have voted with the Government, and in some
measure contributed to the opinion arrived at by Lord
John Russell, that the Legislative Council of South
Australia, if unfettered by previous proceedings, would
reconsider the question of the construction of the
Upper House.
Some men hold strong views on the subject of
pensions, and no doubt there are so many instances
in history of rewards bestowed by the possessors
of power upon worthless individuals, that a feeling
has become prevalent in free countries that gratui-
ties and rewards for alleged public services are so
often misplaced, that the abolition of the principle
altogether would be followed with fewer evil con-
sequences than attend its maintenance. Yet there
is an obvious distinction between the recognition
of claims for compensation for positive injury inflicted
— as in the case of the members of the Executive
Council— and rewards for services alleged to be per-
formed in the interest of the public O]' of a private
firm. Banking firms, large mercantile establish-
ments, provide retiring gratuities to men who have
devoted the best years of their lives to the profit-
able interest of their employer. The Judges of the
land have suitable provision for their retirement
The Constitutional History of South Australia. 223
in old a"e ; and other civil servants whose "whole time
and talents are devoted to tlieir official duties may
justly claim, and political expediency ma}' admit, that
a life of toil in faithful and useful service should not
end in destitution in old age. Members, too, of church
associations are not indifferent to the wants of those
who minister for their spiritual hopes and fears. But
it is easy to arouse amongst the greater number of
the community feelings opposed to the recognition of
superannuated service, from the benefits of which, as a
class, they appear to be excluded. Yet infirmity
and destitution in a class whose employment in
prosperous countries where industries are varied and
extensive enough to suit all capacities, is always secure
and recoo-nised as claiming direct aid from the State
or from the community who may happen to be in
better circumstances. These remarks have been
sua-f'ested bv the course taken by those members of
the community in South Australia who in their
opposition to the principle of pensions, gratuities, or
annuities, on whatever plea they may be sought for,
unguardedly propogate injurious misrepresentations.
We have seen the views expressed by the memorialists
of the Norfolk Arms. The question did not end there.
The Legislative Council which i)assed the Parliament
Bill of l.So3 was progrogued on December itth and
met again in session on A.ugust 2nd, l.s')4. (^n
Novendjer 22nd, during that session, Mr. Kingston,
with a brief introduction, moved — " That an aildress
224 The Cu)istitiitlo7ial History of South Australia.
be presented to His Excellency the Lieutenant-
Governor stating that on November 2nd, 1853, a
motion to recommit the schedule aimexed to the Civil
List Bill was negatived b}' a majoritj' of eleven to
eight — such majority comprising the names of the
Colonial Secretar}', Advocate-General, and Collector of
Customs, each of whom was personally interested in
the bonus proposed to be given in such schedule of
the Civil List Bill to themselves individually, as the
present holders of the offices of Colonial Secretary,
Advocate-General, and Collector of Customs respec-
tively, and inasmuch as it appears to the Council that
it is contrar}^ to the practice of Parliament to allow
members to vote on questions in which their pri\-ate
interests are involved, and that votes so given may be
afterwards struck otf. This Council now request that
His Excellency will be pleased to bring the foregoing
statement of facts to the notice of Her Majestj-'s
Principal Secretary of State for the Colonies." Before
going into this question it will be well to review
past proceedings to some short extent. Thus the
records show that the Parliament Bill of Sir Henrv
Young passed the Legislative Council on November
10th, 18.53, and the Civil List Bill on the same day.
The motion of Mr. Kingston, quoted, was brought
before the Council in a subsequent session in
November, 1854. Twelve months had thus elapsed
since the passing of the first Bill, and there had been
ample time for the Secretary of State to return that
The Constitutional History of South Australia. 225
Bill to the colony with the affirmation of Her Majesty;
but amongst other causes of delay it must be observed
that an Act of the Imperial Parliament would have
been required before the Queen could give her assent to
the measure since the royal prerogative of disallowance
of Bills in general had been adverted to in the Act of
1853. The Russian war had also intervened. The
session of the Imperial Parliament in which the Colonial
Bill would be discussed would have been the session
of 1854, which, in the usual order, would be prorogued
at the end of September, The Secretary of State
would have his hands full of important business
connected with the preparations for war, and there
was ample cause for delay in taking the steps necessaiy
to complete our Parliament Bill independently of
any reference to the colony on the subject in the
meantime.
Mr. Kin^rston's motion on November 22nd referred
to a Bill which had passed the Council for more
than twelve months, and in another session. This
circumstance alone tends to show that it was a
proceeding that must have had a hopeless aspect even
to himself of having any practical result as affected
the operation of the Civil List Bill. It could have
no other effect than to prejudice the position of the
holders of office aimed at in the resolution, and to
forward his own views in opposition to a pension list.
That he succeeded in adding to the disfavor with
which the principle of pensions or rewards for past
15
226 The Constitutional History of South Australia.
services was and is still regarded is manifested
whenever a question ai'ises in the Legislature involving
that issue. Government annuitants are to this day
taunted and insulted at public meetings by the reckless
statements of misguided orators. Hence I deem it of
sufficient importance in a history of responsible govern-
ment to state the considerations under which the action
of those members of Parliament who by their votes
contributed to the passing of the existing Civil List
in South Australia, are justified. The whole question
was fully stated in the Legislative Council on Novem-
ber 22nd, 1S54, by myself, as Colonial Secretary,
speaking in reply to Mr. Kingston (as see report in the
South Australian Register, of November 28th) —
" The Colonial Secretary said he would, before the
question was put, say a few words, lest he should be
supposed to have given his assent to the principle
asserted in the motion, namely, that the votes of the
persons named by him on the occasion referred to
should be struck out. He would also caution the
Council to hesitate before it admitted such a principle.
He would go at some length into the question — more
to set the Government officers right out of doors, than
to inform honorable members, as they must be familiar
with the facts under which the Government officers
voted. People out of doors did not so well know the
facts, and the subject was made the means of throwing
much undeserved odium on the officers in question,
with a view, no doubt, to involve them in some degree
The Constitutional History of South Australia. 227
of unpopularity. The despatch of the Secretary of
State, proposing a change in the Constitution of the
colony, required, as one of the conditions of the
change, that there should be a Civil List ; therefore, it
was in fact a part of the Parliament Bill, although for
the sake of convenience brought forward in a sepai-ate
form. When the Government brought that measure
before the House, they had to consider that there were
a number of officers in that House who would by the
new Constitution, in the event of non-election, be
deprived of their offices. The Constitution of the
Lower Chamber by the new Bill required that every
member of the Government should gain his position,
or retain it, by election to a seat in that Chamber.
Consequently if an officer could not gain his election
he would lose his office. Again, if after election
they could not command a working majority in the
Chamber they must resign. And there was another
contingency. Supposing them elected and having the
confidence of a majority, the Governor might not
approve of their policy ; he might select one or two,
and say to the others — Gentlemen, 3^ our policy is not
in accordance with mine ; and in that case also they
would have to resign. First, they might not be elected;
secondly, if elected they might not be able to secure a
working majority ; and thirdly, the Governor might
di.sagree with them. Under those contingencies it was
almost a matter of certainty that some — and perhaps
all the officers of Government — would lose their present
15 a
228 The Constitutional History of South Australia.
appointments. It was necessary, therefore, to provide
for those officers, some of whom had abandoned pro-
fessions, and others had devoted the best portion of
their lives to the public service ; and it was but fair
that their services should secure them the same
competency they would have gained in other pursuits.
It was proposed that the officers whose position would
be jeapordised by the Bill should retire on an allowance
equal to two-thirds of their existing salaries. This
would have entailed an annual charge of £2,000, and
a clause was introduced into the Civil List Bill to that
effect. It was also proposed that this pension should
be merged, in case the individual again took office
under the Crown. It was only in the event of their
being out of office that the pension should be drawn.
He called special attention to that, because he wished
it to be distinctly understood that the Government did
not originate the scheme of compensation that was
afterwards passed with the Civil List Bill, and which
was made the subject of so much animadversion out of
doors. It was a scheme proposed by, with one excep-
tion, elected members of the House, who had been
appointed by the House to enquire into and report
upon Schedule A, Parts I., II., and III. of the Bill.
The committee proposed the substitution of a sum of
money by way of compensation. He would have to
go again into the question — which he thought he had
gone into for the last time, when the Civil List Bill
was introduced — namely, the ground upon which those
Tlie Constitutional History of South Australia. 229
officers claimed compensation. He would inform the
House by reading documents that it was a claim
admitted by Her Majesty's Government. It had been
repeatedly admitted by the Colonial Office; and there
was no doubt that had the Council passed a Bill
depriving the present holders of their offices, Govern-
ment would have disallowed the Bill. In the
Parliamentary report of the Spectator of April 15th,
1854, the following passage would be found : — ' Sir
John Pakington asked whether it was true that
the House of Assembly in Newfoundland had lately
refused to proceed with business unless responsible
Government were conceded to that colony, and
whether Her Majesty's Government had consented
to establish responsible government in Newfoundland,
and, if so, upon what conditions ? Mr. Peel said the
statement was correct. Meanwhile, however, before
the Goverment were aware of the course taken by the
Assembly they had forwarded a despatch to the
colony intimating their readiness to concede a system
of responsible government to Newfoundland so soon
as certain conditions were complied with. Those
conditions were that the holders of existing offices
rendered liable to displacement should be indemnified;
that the number of members of the Assembly should
be increased from fifteen to thirty, not by douliling
the number of representatives of the different districts,
but by the subdivision of their districts ; and, lastly,
tliat the salaries of members and the expenses of
230 The Constitutional History of South Australia.
candidates at elections should not be paid out of the
colonial treasury, but, if paid at all, by a local
assessment on the different districts.' That, he
considered, was an admission of those officers for
indemnification, and the right of the Governor to ask
it at the hands of the Council. He would next read
from the evidence of the Registrar-General before the
select committee on the Civil List Bill : — ' I would call
the attention of the committee to a despatch from
Earl Grey to Lieutenant-Governor Sir John Harvey,
Lieutenant-Governer of Nova Scotia. However desirous
the people of Nova Scotia may be to establish the
principle of responsible government they would, I feel
assured, shrink from effecting any reform, however
great or necessary, at the cost of injustice to
individuals. Now when individuals have enoraofed in
the public service under a belief, sanctioned by custom,
that they obtained a tenure of their offices during good
behaviour, it would be most unjust to change that
tenure to one of dependence on a parliamentary
majority without ensuring them a provision that
would make up for the loss of official income. I
think that the consideration that the improvement
grasjjing at any particular office would necessitate the
provision of an adequate pension for its occupant, will
be a salutary check on any disposition to carry party
government beyond its just limits. This condition
must be applied to the removal of those public officers
who now have seats in your Executive Council, unless
The Constitutional History of South Australia. 231
where they have clearly accepted office on an under-
standinsr to the contrarv etfect.' He had no doubt that
evidence induced the committee to allow the claims.
He would say that the committee not only acted in
accordance with the views of the Home Government
but also as was done in other colonies. He held in
his hand a report of the select committee on the
constitution of New South Wales, in which occurred
the following paragraph : — ' The large increase in the
the item of pensions over the corresponding item in
the present schedule is intended as well to provide a
superannuation fund for the judges and other public
functionaries after a certain period of public service as
to pension off those heads of departments to whom it
is considered that the faith of the Crown is pledged as
to the permanency of these offices. In [)roposing a
grant, however, for the latter object it is considered
that upon the demise of the parties thus pensioned off"
this portion of the pension fund should again sink
into the consolidated revenue of the colony.' That
recommendation was adopted by the Council of xSew^
South Wales. Again, with regard to Victoria, the oStli
clause of the Constitution Act provides that not more
than £.5,250 shall 1)8 payable by way of pension or
retiring allowance to those officers who, on j^olitical
grounds, may retire or be released from office. Tlie
clause also tixes a scale of pensions ranging from two
kinds of .salaries for officers who had served ten years
and downwards. Thus it appeared that the Victorian
232 The Constitutional History of South Australia.
Government introduced into their Bill a far more
liberal provision than was asked here for the
Government officers. All the officers in their schedule,
with one exception, exceeded ten years' service. More
than one Secretary of State had affirmed the principle
that they were entitled to compensation. The legislators
of the neighboring colonies had made j^rovision to
meet similar claims, and the Council had also provided
most liberally for retiring officers. They had been
by no means behindhand in the matter. When a
committee on the Civil List Bill was proposed the
Government did not oppose it, and its members steadily
avoided being placed upon it. Thus it was
composed, with one exception, of elected members,
and two of those members were afterwards found
voting against the Government. The committee was
composed fairly, and free from all Government
influence and control in any way. He would not go
into the matter at great length, but simply say that
the committee agreed to the principle of providing for
the officers in question as proposed by Government,
but altered the mode. Influenced, perhaps, by the
general unpopularity of a pension list, the committee
thought it would be more in accordance with the
public feeling to put the pension aside, and pa}^ down
as compensation a sum of money. If the committee
had intended it to be in lieu of a pension, they would
have calculated upon a larger sum, but perhaps it
occurred to them that those officers might again accept
The Constitutional History of South Australia. 233
public employment. The committee recoimiiended, on
grounds fully stated in their speeches, that the compen-
sation should be paid, not upon loss of office, but upon
the Act coming into effect. Upon that question a long
debate arose and a division took place, which resulted
in a majority of seventeen to one. That decision was
consecrated by the approval of the honorable member
for the Burra, as he voted with the majority — one
elective member voting against it, and another leaving
the House in disgust. It was, therefore, not right that
the members of the Government should be held up to
public odium with reference to that principle, for it did
not originate with and was not carried by them. It
was not carried by Government influence ; it was
carried by seventeen members of the House against
two. He had gone into that statement of facts,
because it appeared to him that the motion of the
honorable member for the Burra would convey the
impression that the Government in this matter had
done something which was against the wish of the
Council, and in itself unlawful. It was quite true
that three members of the Government voted on the
division that negatived the recommitment of the
schedule, but it was too late now to refer to tliat with
a view to rescind the votes or cancel their effect. If
the Council thought proper at the time, the reception
of the votes might have been opposed ; but as well
miirht it be soutrht to invalidate an Act of C 'ouncil on
the ground that a member had voted improperly, as to
234 Tlit Constitutional History of South Australia.
seek to disturb that decision of the Council. He
could not suppose that the object of the honorable
member for the Burra in brinoing forward that motion
was to throw odium on the officers of the Government.
The question of bonus was carried by a majority of
five, so that if the four officers in question had been
out of the House, the bonus would have been carried."
Mr. Angas enquired "where was that division to be
found ?" The Colonial Secretary went minutely and
carefully through the division lists to show that in
each instance the result would have been the same if
the Government officers had not voted. He argued,
however, that even if they had been b.ound to refrain
from voting when the question of bonus was directly
before the House, the same rule would not apply when
a motion was made to recommit the Bill, and thus
reopen a question which had once been decided by
Council. After any Bill had passed through Com-
mitte, and the report had been brought up, it was the
usual course for the Government to offer no further
opposition, even though some of the clauses might have
been passed against their opinion ; for at that stage of
the proceedings it was fair to consider discussion at an
end. The question, at the moment he referred to, was
not whether the Government officers were to receive a
particular bonus, but whether the whole Civil List
Bill was to be adopted. They were no more liable on
that occasion to a charge of voting money for them-
selves, than they were when they voted upon the
The Constitutional History of South Australia. 235
Estimates or the Appropriation Act. To carry this
point no further he would only say that us it had
gone forth to the imhlic that the Government o^^cers
had voted the bonus to themselves, it ought to he made
hioivn that such vjas not the case, and that the result
would have been the same had they refrained from
votino".
I have now said enough in explanation of the
motives which induced the Governor, Sir H. E. F.
Young, to propose to the Legislative Council a vote of
indemnification to the Executive Councillors who
would be displaced by the operation of any xA.ct
establishing responsible Government. The arguments
in support of the principle derived from expediency
and justice were generally that the chief ofhcers of
the Government were suddenly called upon to surrender
positions and incomes of immediate and prospective
advantage as the price of great benefits accruing
to the public conferred on them by the Imperial
Government, which custom led them to expect
were held on a permanent tenure dependent on good ^
behaviour alone — that, besides the present advantages
of power and income, they had expectations of in-
crease of salary in a comparatively new and rising
colony ; of promotion in other colonies since they were
recognised Imperial officers, and that in losing of^ce
they would enter upon a new career at a period of
life, the best years of which had been devoted to
the public service with the acquisition of experiences
236 The Constitutional History of South Australia.
•useful to the public but not to themselves, in a new-
sphere of competition with others trained from youth
upwards in mercantile and speculative pursuits. The
advantages gained to the community at large as the
issue of responsible government for which these officers
were to surrender their prospects in lite were complete
self-government ; supreme power in framing their own
law^s ; complete control of revenues hitherto under the
management of the Crown, namely, the proceeds of
the sale and lease of the waste lands within the
province, and the appointment to all public offices ;
and, in line, the sole control of the public purse,
whether in taxation or expenditure. This was the
riieaning of responsible government. The Parliament
Bill of 185.S changed South Australia from what is
known as a Crown colony, in which all the functions
of orovernment are under the immediate control of the
Imperial authorities at Home, into a free colony,
administerino- its own internal affairs without inter-
ference from abroad. There is no doubt that Sir
Henry Young gave his own tone to the instructions
of the Colonial Office as contained in the despatches
wdiieh invited him to frame a new constitution, and
carried his Parliament Bill through the exercise of all
the powers and influence which his position gave him.
And he was not beyond the influence of others high
in position in the Government, and high in influence
and social prestige amongst their fellow-colonists. He
was a perfectly just and incorruptible man as regarded
The Constitutional History of South Australia. 237
the patronage of office ; and though imiDued with
liberal principles, as a politician, alway kept Imperial
prerogatives in view ; and in the conflict of Conser-
vatism and Democracy, which he was destined to
witness but not to control, he kept a firm grasp of
the reins of power, and found amongst his official
adherents some whose views naturally turned in the
direction of maintaining the power of the Imperial
Government as the only safeguard against the
encroachments of Democi'acy. Anyone who reads the
speeches in the Legislative Council and takes note of
the proceedings of Sir Henry Young and his official
advisers, with respect to the Parliament Bill, cannot
fail, I think, to trace in some of his supporters in the
Council the peculiar views to which he himself was
prone by temperament and position. It was fortunate,
however, for the colony that those views, as far as
they tended to uphold the power of the Crown, were
not successful, and that public opinion, though reticent
or repressed at the time of the passing of the
Parliament Bill of 1853, made itself felt in Downing-^
street, and ultimatel}' gave us complete self-government
without the adoption of the obnoxious element of
nomineeism in the structure of the Upper House in
l<So5-0. Not a voice was raised in favor of that
principle when the subsequent measure for the
amendment of the constitution on the basis of an
Elective Socoml Chamber was introduced by Sir R. G.
MacDonnell. Conservatism, which liad sided with
238 The Constikitional History of South Australia.
Liberalism when the power of the Crown was to be
encountered and resisted, yielded without a struggle
before the overwhelming weight of public opinion on
that issue ; and South Australia from being a Crown
colony emerged a free colony with two Elective
Chambers, when Her Majesty's Government, by a
special Act of Parliament, conceded the full control
of the waste lands of the Crown and obtained the
assent of Her Majesty to the Constitution Act of
1855-6. With complete self-government guaranteed
by responsible government, South Australia was
really converted into a Republic in all but the name.
Our constitution is Republican clothed or incrusted
with monarchial forms.
With such a measure of freedom what we have
chiefly to guard against is the corruption which may
emasculate our Parliament if the constituencies permit
themselves to be bought and sold and handed over as
in America to the grasp of capital. There are two modes
in which corrupting influences are brought to bear.
Firstly, at the hustings during election times when
specious promises are made to the ears of the electors,
by which the Democracy may be cajoled into placing
men of opposing interests into power ; and, secondly,
in the Parliament by " log-rolling," as it is familiarly
termed. According to this system local interests
work together to vote for some special improvements
or measure in the districts having representatives
duly pledged, and contribute to the overthrow of
The Constitutional History of South Australia. 239
a Government having the general interests in view,
or cause embarrassment to the public Exchequer
by forcing a reluctant but yielding Government
to acquiesce in public expenditure at variance
■with a just and economical administration of the
o-eneral revenue. But there are other methods of
corruption which are sometimes practised. Votes in
the House are bouo-ht and sold through the abuse of
patronage, and through the influence of wealth used
to secure the success of measures useful to a class but
injurious in general results. I am not picturing a
state of corruption which really exists at the present
time, but am pointing to possibilities in the future^
when, unless public opinion is wisely instructed, the
Democracy will be overweighted by the influence of
capital, and public liberty surrendered to associations,
cliques, and factions. The example of party Govern-
ment in the United States should serve as the note
of warning, and Democracy, whose will is the only
supreme power amongst free nations, should watch
carefully the signs of the times. I am using the term
Democracy not as designating the uneducated masses '
alone, or the ultra-liberal party, but the whole body of
the people, wlien I speak of their will as supreme.
And in sounding the note of warning let the com-
munity jealously watch an element in the midst of
us, which in a great degree governs the Press in this
country. {See Mr. Harcus's work on South Australia,
CXXII. p. 1'38), in which the following pjussage
240 The Constitutional History of South Australia.
occurs : — " The Congregationalists, Baptists, and
Presbyterians, occupy a different ecclesiastical position,
and aim at a more restricted work than the churches I
have already referred to. Their work lies principally
in the centres of population where they manage to
attract the intelligent, hard-headed and practical men
amongst us. Members of these churches are foremost
in political life, and they come to the front in business
and political organisations. They are rich in hand-
some churches, and strong in social influence. Their
ministers are amongst the best educated and the most
eloquent preachers in the colony, and their people
amongst the well-to-do colonists. The conduct of the
Press of the colony has been very much in their
hands." As Mr. Harcus before his connection with
one of the leading daily newspapers acted as a preacher
in one of these churches, he may be considered as
good authority when he makes the statement I have
quoted. It will be seen that I allude to the power of
the clergy in South Australia. Through the agency of
the Press which it controls it seeks to instruct and
guide public opinion, and aims ixt political power and
injiuence through religious organisation. The grow-
ing tendency of this power in the State is to dominate
the civil power exactly as the Established Church of
England influenced the action of the State when the
pilgi'im fathers fled from persecution and preferred
civil and religious liberty in the desert to bondage in
the city, when they emigrated from the shores of
The Constitutional History of South Australia. 241
England and founded the States of New England.
That character has been modified by time and
surrounding circumstances, but in its root-power it is
still there. The same thing is witnessed in these
southern colonies (of Australia) of the British Empire.
{See Mr. Harcus, Chapt. I. page 3.) Mr. Harcus
published his book on South Australia in the year
1876, long after the period I have been alluding to.
But the lesson it teaches is well worth recording, as
it displayed its effects in 1853 in a marked degree,
when the encroachments of this relio-ious element
were anticipated by a provision in the Parliament
Bill, which formed the IGth clause of the Act, as laid
on the table of the Lesfislative Council. The clause
disqualified ministers of religion of whatever denomi-
nation from sitting in the Legislature, a provision
extended to the Constitution of 1855-G. The founders
of the colony used their efforts to prevent the estab-
lishment of a Church in connexion M^ith the State,
and so strong was public opinion against religious or
denominational domination that the public sentiment
was reflected in the Legislative Council of 1853, and
subsequently made itself felt in our present Constitu-
tion Act. South Australia has succeeded in dispens-
ing witli a State Church on the Episcopalian models
of England and Rome ; Ijut only, possibly, to exchange
it for a denominational influence imbued with the old
ambitions and aspirations in political and social
^^tters, wliicli, in the place of the la'issez faire system
IG
24)2 The Constitutional History of South Australia.
of individualism so vigorousl}^ and pertinaciously con-
tended for as necessary against encroachments on
the liberty of the subject and on trade relations,
strives to substitute its own views of intolerance
and centralisation. Ovei'-government, whether in
Church or State, is the worst form of misgovernment.
So thoroughly practical were the fathers of represen-
tative government in South Australia that in the
Parliament Bill of 1853 they abolished the solemnities
with which certain strictly Civil Acts had been
enshrouded, and substituted affirmatives for oaths in
matters connected with parliamentary forms; thus
freeing those ceremonies from the glamour of religion
in which they had been enveloped, as they had
previously declared against State aid to religion
and rendered marriage a civil contract, valid by
registration without religious sanction.
I shall claim for those statesmen who took part in
the discussions on the Parliament Bill of 1853, the
merit as well as the honor of having fought the battle
of freedom. They were beyond question the fathers
of the free political institutions we enjoy; for although
defeated in their first attempt to secure responsible
government yet they created and shaped the public
opinion, which was found to be irresistible in 1855-6 ;
and, practised in debate, they secured for us ultimately
the most complete system of freedom compatible with
the sovereignity of the mother country. In the
enjoyment of the powers of self-government now
The Gonstitutional History of South Australia. 243
possessed their labours and sacrifices may be forgotten,
unless the historian of the past acknowledges the debt
of gratitude and recalls, for the information of a distant
posterity, the memory of their names in indelible print.
The record of their names on the present occasion is
accordingly, as an act of justice to them, now given as
part of the text of this work.
LIST OF THE NAMES OF THE LEGISLATIVE COUNCILLORS WHO
TOOK PART IN THE PROCEEDINGS OP THE SESSION WHICH
PASSED THE PARLIAMENT BILL OF 1853.
OFFICIAL MEMBERS.
1. *t Boyle Travers Finniss, Colonial Secretary.
2. *t Richard Davies Hanson, Advocate- Oeneral.
3. *t Robert Richard Torrens, Registrar-General.
4. George Frederick Dashwood, R.N., Collector of Customs.
'nominated NON-OFFICIAL MEMBERS.
5. *t John Morphett, Speaker Elect.
6. John Grainger.
7. Edward Castres Gwynne.
8. Edward Stephens.
ELECTED MEMBERS.
1.
*t John Bentham Nealea
... North Adelaide
2.
*t Francis Stacker Dutton
... East Adelaide
3.
* James Hurtle Fisher
... West Adelaide
4.
♦William Scott
... Port Adelaide
5.
*t William Giles
. . . Yatala
6.
George Marsden Waterhouse
... East Torrens
7.
Charles Simeon Hare
... West Torrens
^
8.
*t William Peacock
... Noarlunga
9.
*t John Baker
... Mount Barker
10.
Robert Davenport
... Hindmarsh Connty
11.
*t George Fife Angas
... Barossa
12.
*t John Hart
... Victoria (resign'd Ji
uly 7,
re-elected .\ug. 1,
1S54)
13,
*John Tuthill Bagot
Light
14.
*t William Youngluisband
... Stanley
15.
*t George Strickland Kingston
... Hurra
16.
John Ellis
... Flinders
NoTB. — Those names to which the • (o-sterisk) is prefixed also served in the
Lefcixlative Council which passed the Constitution Act of 1855-6. Those names
16 A
244 The Constitutional History of South Australia.
The rule of Sir Henry Edward Fox Young is now
brought to a close. It cannot fail to strike the reader
that it was full of incidents ; so much so that a short
summary of those events will be necessary to connect
into one view the importance which attaches to the
period from August 2nd, 1848, when he assumed the
reins of power, to December 20th, 1854, when he left
the colony. During that time Governor Young passed
133 legislative ordinances, being, on an average, more
than twenty-two in each year. His first important
Act was to bring about the abolition of the claims of
the Crown to a royalty on metalliferous lands then
and for ever. This subject has been fully explained
when detailing the proceedings of Colonel Robe as
Governor. It was settled when Sir Henry Young-
gave his assent to an ordinance to quiet titles to land
granted by the Crown under reservation of a royalty
on metallic ores on August 14th, 1849. His next
important measure was the introduction of the railway
system into South Australia on February 19th, 1850.
Then followed the ordinance which on February 21st-
1851, gave the first representative form to the
Legislative Council of the Province. The Act of
December 19th, 1851, was another measure conducing
to the just administration of the law in cases of
claims against the Crown which had previously been
to wliicli tlie t (dagger) as well as the asterisk is added were also members of
the first representative Le^slative Couueil iu 1851. Thus uiue elected aud
four nominated members of the first representative Legislature also took part
in framing the Parliament Bill of 1853 aud the Constitution Act of 1855-6.
The Constitutional History of South Australia. 245
subjected to a very expensive form of procedure
through pretition and not through the courts of law
like the claims of individuals against one another.
An Educational Act was also passed on December
29th, 1851, to provide for the erection of schools and
the pajmients of stipends to teachers. This Act,
which carefully guarded against denominational
religious teaching, has formed the equitable and
politic basis of subsequent legislation on the same
subject. Then came the discovery of gold in Victoria
and the rush of our working population to the
diggings, the injurious effects of which were mitigated
by the Bullion Act. The District Councils Act was
a step in the preparation for self-government, and
followed in November, 18-52, whilst about the same
date a new Marriac'e Act removed some of the religious
difficulties which then attended the marriage ceremony.
Then the Parliament Bill of 1853 occupied the atten-
tion of the enlarged legislature created in 1851. The
Russian War in the Crimea disturbed the course of
government in the following year, and fully occupied
both the Government and the Legislature in making
provision for defence which resulted in the Act of
September 14th, 1854, to " establish a Volunteer
Military Force in South Australia," and the further
provision " to organise and establish a Militia Force
in South Australia." Eni'olments of volunteers were
amongst the precautionary defensive prei)arations M'ith
the necessary organisation and training of volunteer
246 The Constitutional History of South Australia.
companies. Lastly, the material interests of the
community were vigoi'ously studied and provided for
by the Gawler Town Railway Act of December loth,
1854, and a loan of £100,000 was added to the colonial
debt for the deepening and improvement of the
Harbor of Port Adelaide.
The history of the career of Sir Henry Young is
now buried in the archives of one generation, and the
struggles of South Australia in those early times to
win for herself at least an equal place in that greater
State, wdiich will shortly arise out of the consolidated
resources of the various Provinces of Australasia, are
probably little known by the rising generation since
their history has not been written. I have attempted
to chronicle them, and having been his chief official
adviser, from his advent amongst us to his departure,
I am at least qualified to bear testimony to events
passing under my own view " quorum pars magna
Ul.
mSm:
'\^'
."i-'uVi"^*
CHAPTER YI.
Administrature of Acting-Governor the Honorable B. T. Finnisa,
Colonial Secretary, from December 20tii, 1854, to June Sth, 1855 —
Antecedents of Mr. Finniss previous to his assuming the G-overn-
ment of South Australia -Is appointed Assistant Surveyor to Col.
W. Light, first Surveyor General— Is promoted successively to be
Commissioner of Police and PoUce Magistrate, Registrar-General,
and Treasurer, and finally Colonial Secretary — As senior member
of the Executive Council he assumes the reins of Government on
the departure of Sir Henry Young— Review of the volunteers on
May 2J:th, 1855 — Sews of the Battle of Inkerman, and sympathy
of the colonists of South Australia on behalf of the widows and
orphans of the slain ; forwards £6,000 to the Imperial Government
as the subscription from South Australia to the patriotic fund —
Excessive immigration of females.
ON December IGth, 1854, the Legislative Council,
constituted under the first instalment of Repre-
sentative Government, was prorogued at the close of
its fifth session by commission ; and on the 20th of
the same month Sir Henry E. F. Young surrendered
the reins of government. During the interregnum
which occurred between this date and June Sth
following, the Government devolved on the Colonial
Secretary, Mr. Boyle Travers Finniss, the senior
member of the Executive Council, in virtue of the
Royal Instructions, and it thus becomes my duty to
allude to my own administrature of public aftairs in
the colony. No events of importance marked this
short period. And as it may be interesting in the
248 The Const Itutional History of Sortth Australia.
future, and I trust not imputed to me as irrelevant or
egotistic, I proceed to give some account of the early-
career of one of the pioneers of settlement in South
Australia, who now occupied the most important
position which a subject can attain in a British colony.
Educated in early youth at the school of the Kev.
Charles Parr Burney, D.D., an eminent scholar, Mr.
Finniss left that establishment to become one of the
gentlemen cadets at the Royal Military College of
Sandhurst. On this occasion Dr. Burney in a letter
dated April 6th, 1822, to his father, said — " I am, I
confess, sorry that you make him a soldier, since his
disposition is not very strong towards the profession,
and he has really abilities which might have enabled
him to distinguish himself in some of the more
studious walks in life. At his examination, previous
to admission at the college, he acquitted himself excel-
lently well — though not at all better than I had fully
expected. He came in at the head of the whr)le six-
teen candidates, and were it not contrary to the rule
of the establishment to place a lad at his admission in
the first class, he had satisfied his examiners that his
claim to such a rank was fully made good." While
yet studying at Sandhurst, Mr. Finniss's father received
the following letter, dated April 16th, 1825, from
Lieutenant-General Sir Alexander Hope, governor of
the colleofe : — " The Commander-in-Chief having been
pleased to direct that a certain number of gentlemen
cadets, distinguished for good conduct and superior
The Constitutional History of South Australia. 249
diligence in study, should be recommended for com-
missions, I am happy to acquaint you that I have had
it in my power to recommend Gentleman Cadet Finniss
as deservinof to receive this extraordinarv mark of His
Royal Highness's approbation." On May 12th of that
year Mr. Finniss was gazetted ensign in the oGth
Foot, lieutenant on March 29th, 1827, and on October
24th, 1835, he sold out of the army, having in the
meantime been removed to the 82nd Regiment.
In August, 1833, being in the Mauritius with the
82nd Regiment, Mr. Finniss was emploj-ed in the De-
partment of Roads and Bridges under Colonel Staveley,
Deputy Quartermaster-General, and on leaving the island
to return to Enijland he was the bearer of a letter from
Colonel Staveley (father of the present Sir Charles
Staveley) to Lieutenant-General Sir Willougby Gordon,
Brt., Quartermaster-General, from which I quote the
following words :— " I trust you will excuse ni}^ taking
the liberty of introducing Lieutenant Finniss of the
82nd Regiment, but he is an officer who has made
himself so very useful in the depaitment under my
direction, that I consider it a duty to the service to
make him known to you. He was to have been the
bearer of a plan of the island drawn by himself from
the best materials I could collect, corrected by personal
reconnaissanse ; but Sir Charles Colsille having lost his
own copy was desirous of presenting the plan to
you himself and took it with him for tliat purpose.
Lieutenant Finniss will be able to give you an account
250 The Constitutional History of South Australia.
of the state of the colony for some time past. He
was employed for three years m the Department of
Roads and Bridges, and on that duty encamped with
a gang of Indian convicts in the wildest part of the
forest. He superintended the construction of one of
largest bridges that has been built here. He is the
bearer of a rough sketch of it, which is not worthy of
being offered to you further than to give some idea of
the design. The bridge has now stood some of the
greatest floods ever known in a river over which every
attempt to make a bridge had previously failed from
the extreme rapidity of the current and the sudden
floods to which it is liable." At the period when Mr.
Finniss quitted the Army steps were being taken in
London for the establishment of a colony in South
Australia, which had then been authorised by Act of
Parliament, but was made contingent on the previous
sale of land to the extent of £35,000 and other
financial arrangements, to prevent the colony, in case
of failure, from becoming a burthen on the Home
Government. Being desirous of casting in his lot in
the formation of the new colony, but, in order to be
prepared for all contingencies, Mr. Finniss applied
to the Horse Guards' authorities for a letter of
recommendation to the Governor to New South Wales
to enable him to become a settler in that colony under
certain recrulations for the encouragement of militarv
ofhcers who might choose that colony for their future
residence. These regulations entitled retired officers
The Constitutional History of South Australia. 251
to a grant of land in New South Wales. The
requh'ed certificate was granted, and Lieutenant
Finniss received a letter from Lord Fitzroy Somerset,
addressed to Sir Richard Bourke, K.C.B., Governor of
New South Wales, in these terms. It was dated
November 9th, 1835. " Mr. B. T. Finniss, late
Lieutenant 82nd Regiment, beincj desirous of becoming
a settler in New South Wales, under the general
order of August 2.5th, 1834, to which the General
Commanding in Chief has no objection, I am directed
to annex for your information a statement of his
sei'vices, and 'to acquaint you that his lordship is
able to report favorably of his conduct on all
occasions." Events, however, enabled Mr. Finniss to
pursue his original intention of settling in South
Australia, and, in con.sequence, his claim to land in
New South Wales lapsed, not being exercised within
twelve months of its date in accordance with the
terms of the certificate. In the meantime the
preliminary an-angements for the settlement of South
Australia having been satisfactorily completed, and a
Governor appointed by the Crown, Mr. Finniss took
office under the Colonisation Commissioners, and was
appointed by them one of the assistant surveyors to
Colonel William Liglit ; and on March 9th, 183G,
received with his commission as such, their instruc-
tions to take command of the expedition which was
then in preparation to proceed to South Australia, in
the event of the faihirc of Colonel Light, and of his
252 The Constitutional History of South Australia.
deputy, Mr. George Strickland Kingston, to act from
ill-health or other incapacity. The objects of the
expedition, as detailed in the instructions to Colonel
Light, a copy being furnished to Mr. Finniss, were to
select a site for the first town and to survey the lands
sold in England under what were called preliminary
land orders.
The surveying expedition sailed from Gravesend in
two vessels — the Cygnet, a barque of 350 tons, and
the Rapid, a brig of smaller capacity. The Cygnet,
Captain Rolls, with the main body of surveyors under
command of Mr. Kingston, with whom Mr. Finniss
was associated, left the river in March, 183C, havino-
on board Captain Lipson, R.N., appointed Harbor
Master, Mr. Morphett, afterwards Speaker of the first
representative Legislative Council, and now Sir John
Morphett, Dr. Wiight, surgeon to the expedition, with
other officers and their families. Tlie Rapid left
England a few days later, undei- the command of
Colonel Light, Surveyor -General, who being an
Accomplished seaman and navigator, undertook the
duties of sailing master, and with him accordingly the
crew signed articles. First Lieutenant William Field,
of the Royal Navy, acted as first officer of the Rapid,
and Mr. Pullen, now Admiral Pullen, took the post of
second officer under the f^allant colonel. Beino- a
better sailer than the Cygnet the Rapid arrived first
at the rendezvous, Nepean Bay, Kangaroo Island, and
Colonel Light was absent at Port Lincoln when the
The Constitutional History of Soidh Australia. 253
Cygnet arrived at Nepean Bay, in September, 1836.
Early in the year 1837, Colonel Light having selected
the site and designed the plan of the City of Adelaide,
Mr. Kingston, Mr. Finniss, Mr. Alfred Hardy, Mr. K.
G. Symonds, and Mr. Ornsby, completed the laying
out of 1,000 acres, and in March of that year the
selection of town acres took place, followed soon after
by the sale by auction of the unappropriated allot-
ments. From this time Mr. Finniss's rise in the public
service was rapid and continuous. On the death of
Colonel Light changes occurred in the Survey Depart-
ment, and Mr. 'Finniss was appointed in August, 1839,
by Governor Gawler, to be Deputy Surveyor-General.
On the reorganisation of the department by Governor
Grey, in consequence of great reductions being required
in the public service, the causes of which I have
previously traced, Mr. Finniss's office was abolished,
and he was made chief draftsman. But on November
3rd, 1843, Governor Grey nominated him to succeed
Major T. Shuldham O'Halloran, as Commissioner of
Police and Police Magistrate — an appointment after-
wards confirmed by the Imperial Government by
letters patent, dated November 28th, in the eighth
year of the reign of Her Majesty, under the Royal
Instructions contained in a despatch of November 13th,
1843, from tlie Right Honorable Lord Stanley. The
Secretary of State, on several occasions communicated
to the Governor his satisfaction of the mode in which
the Police Department was managed by Mr. Finniss.
254 The Constihctional History of South Australia.
One instance only is quoted out of several similar
marks of approval. Thus on September IGth, 1847,
the Secretary of State, writing from Downing-street
to the Governor, said — " I have to acknowledge the
receipt of your predecessor's despatch (No. 27) of
March 9th last, transmitting the report of the Com-
missioner of Police for South Australia, for the quarter
ended December 31st, 1846. I have read this as well
as former reports on the same subject with much
interest and satisfaction, and I am happy to believe
that this important branch of the Colonial administra-
tion is carried on with great vigor and judgment. — I
am, &c. (Signed) — Grey."
The next step of Mr. Finniss in the public service
was his appointment to the offices of Registrar- General
and Treasurer on May 1st, 1847, confirmed by letters
patent by warrant under the Royal Sign Manual and
Signet. Through this appointment Mr. Finniss became
a member of the Legislative Council, and assisted, as
one of the nominated official members, both on the
passing of the ordinance. No. 1, of February 21st,
1851, which created the first Legislative Council in
which the representative principle was established,
and in the first session of that Council which m et on
August 20th, 1851. Lastly, Mr. Finniss, in succession
to Mr. Alfred Miller Mundy, was appointed Colonial
Secretary of the Province by warrant under the Royal
Sign Manual and Signet, dated the 20th day of
August, 1852. On October 24th, 1856, under the new
The Constitutional History of South Australia. 255
Constitution Act of that year, he ceased to hold
this office under the Imperial Government, and was
appointed Chief Secretary in the first responsible
Ministry of South Australia. But, not to anticipate
the course of events, I must recall attention to the fact
that on December 20th, 1854, Sir Henry Young left
this colony to assume the Government of Tasmania, and
was succeeded by Mr. B. T. Finniss as Acting- Governor.
Few political events worthy of record in a brief
historical sketch like this occurred during the short
interregnum that preceded the arrival of Sir Richard
Graves MacDonnell. The Acting-Go verD or received a
letter from Sir Richard himself, dated January 5th,
stating that he expected to arrive in Melbourne by
March 6th, and expressing his deep gratification at
the high position which South Australia occupied in
the minds of the Ministry at Home. Great confidence,
he added, was felt in the steadiness of the progress of
the colony, and in its fitness for that complete
self-government which was about to be conferred
on it. Sir Richard adds: "I regret, however,
that the wishes of the community at large as to
the nature of the constitution which they desire
should still be a subject of doubt, because such
doubts are very likely to prevent Her Majesty's
Government introducing a complete measure for
South Australia during the present session, it
being clearly the object of Her Majesty's Government
to make the unequivocally declared wish of the South
256 The Constitutional History of South Australia.
Australians themselves the basis of all Imperial
legislation on the subject. If I had it in my power
to prevent these delays I would gladly do so, as I
think the sooner an Assembly representing beyond all
doubt the wishes of the community can be called
together, the sooner will an additional guarantee
be obtained for the increased prosperity of South
Australia." These latter words imply that Sir Richard
had been made acquainted with the correspondence of
Sir Henry Young on the subject of the Parliament
Bill of 1853, and with the views of the Government
of Her Majesty respecting it. The disallowance of
that measure was plainly foreshadowed, and also
the intention of the Colonial Minister to advise
the concession of complete self-government to the
colonists. In what way the unanimous wish of the
colonists was to Ije arrived at does not seem to be
indicated in this diplomatic phraseology. It will be
explained when I enter upon the course adopted
by Sir Richard after his arrival at the seat of his
Government.
Steady unexampled material progress was the con-
dition of South Australia during the greater part of
the year 1855. No exciting events disturbed the public
tranquility. We were revelling in the improved state
of things which had been created by the growing
wealth of the community, due to the influx of gold
from the mining fields of Victoria during the few
previous years. Our revenues were elastic, and
The Constitutional History of South Australia. 257
various sources of industry were developing their
producing powers. The yield of copper had resumed
its condition of increasing supply ; a larger area of
agricultural land was under cultivation than had
previously been known, and a larger export of bread-
stuffs was the result of a favorable season. The
pastoral interest, too, came in for its share of the
general prosperity, through the increased prices of live
stock, and the return of labor from the diggings. The
large sums raised by land sales in 1854 had reached
the unexampled amount of £888,470 — a larger fund
than was obtained for more than twenty years subse-
quently, when the credit system swelled the nominal
total, but not the actual receipts. This increased
immicrration fund had enabled the Land and Emigra-
tion Commissioners to send out upwards of ten
thousand souls in thirty-three immigrant vessels.
The Acting-Governor commenced his administration,
therefore, under very favorable circumstances. His
chief efforts were directed to complete the defensive
preparations which the Russian war had forced upon
South Australia. Before his departure the Acting-
Governor had presented two Bills to the Legislative
Council, which were promptly passed — one to organise
and establish a militia force, and another to organise
and estaljlisli a volunteer military force. Under the
authoritj' of the last-mentioned " Act " he appointed
tlie Colonial Secretaiy to be Lieutenant-Colonel on the
staff, and empowered Major Moore, of the 40th Regi-
17
258 The Constitutional History of South Australia.
ment commanding in South Australia, to undertake
the drill and training of a volunteer force with neces-
sary assistance. I have given in a separate chapter
the outline of this movement, and I need only observe
that the Acting-Governor actively supported Major
Moore in his efforts to raise and train an effective
force.
In the early part of the year the colonists had been
deeply moved on receiving accounts of the suffe)-ings
of the British army before Sebastopol, and the unex-
ampled carnage at Inkerman. They learnt, too, that a
fund was being raised in England for the relief of the
distressed wives and orphans of those who had fallen
in battle, and their sympathy was aroused to add their
subscriptions to this patriotic fund. Public opinion in
South Australia responded to this movement, and a
•committee was appointed to collect subscriptions. The
result was to place in the hands of the Acting-
Governor bills of exchange to the value of £0,000,
which he transmitted to the Secretary of State with a
-despatch of February 1st, as the contribution then
offered by South Australia to the patriotic fund. This
was acknowledged in a despatch from Downing-street
of April 18th, 1855, by Sir George Grey, then acting
in the Colonial Office for Lord John Russell, during
his temporary absence at the Court of Vienna on
diplomatic business connected with negotiations for
peace. Sir George Grey's despatch was addressed to
Governor Sir Richard MacDonnell, and did not reach
Tlie Constitutional History of South Australia. 259
the colony till after liis arrival in South Australia.
At this period our postal service with the mother
country was in a state of collapse, as the Government
had cancelled their contract with the Peninsula and
Oriental Steam Navigation Company, owing to the
need of employing their large steamships in the Black
Sea in aid of the operations of the war. The question
of mail communication was a most important one for
the Australian colonies, since large commercial trans-
actions commenced as soon as the enormous yield of
gold in Victoria had created a demand for imports into
Melbourne on a largely increased scale. The subject
had been taken up by Sir Henery Young, when on
October 10th, 1851, a vote for a bonus of £5,000 passed
the Legislative Council to be paid to any company
who would bring mails by steam to Port Adelaide via
the Cape of Good Hope in sixty-five da3's. When this
offer of a subsidy was made known to the Home
Government Sir Henry Young was informed in reply,
that a contract had Ijeen made with the A. R. M.
Steam Navigation Company to land mails at Port
Adelaide bi-monthly, and the Secretary of State
desired to know if the Colonial Government w^ould
continue the pi'emium under those conditions. The
proposed subsidy had heen on the Estimates for 1852
and 1853, and was not claimed, as no steamer by the
Cape had fulfilled the conditions of the offer. Early
in August, 185:{, it became known that the mail
company had completely broken down, and the
17 a
260 The Constitutional History of South Australia.
Government then eairied a vote in the Legislative
Council increasing the subsidy to £6,000 for eight
years, commencing on January 1st, 1854, to provide a
bonus of £500 to every vessel, not exceeding one per
month, and being under contract with the Home
Government to carry the mails iti sixty-eight days,
the former subsidy to be kept alive notwithstanding
a bi-monthly mail might have been contracted for in
the meantime. This subject of mail communication
had always been a cause of much agitation, accompanied
with irritation, between South Australia and Victoria.
The first responsible Ministry in South Australia failed
to bring the matter to a successful issue. It may
be v^^ell to mention before going further into the
matter that the first English mail steamer arrived in
Melbourne on July 24th, 1852, and that previously
the service had been carried on by sailing ships, whose
lengthened voyages had caused much inconvenience in
the commercial world. The time lost in communication
between Downing-street and these distant colonies
had also been a source of much inconvenience to the
administrative departments of the several governments.
Now, in the year 1884, weekly mails reach us from
England in thirty-five days, and the time is probably
soon to be shortened. But the Suez land route was
not open until after the Crimean War. The first
solution of the question of steam mail communication
was brought about through the proposals of Sir William
Denison Governor-General in New South Wales, in a
The Constitutional History of South Australia. 261
letter from him dated March 16th, 1855, received by
the Acting-Governor of South Australia embodying a
proposal to re-establish steam communication between
the Australian Colonies and Great Britain through the
concurrent action of the colonial governments. The
Actinof-Governor consulted the Chamber of Commerce,
and acting on their suggestion, in his reply to Sir
AYilliam Denison on May 10th, he informed the
Governor - General that he felt himself sufficiently
informed of the state of public feeling in this colony
to be enabled to state, with some degree of confidence,
the views which would probably find sanction in the
Legislative Council, which, be it recollected, had been
prorogued since the IGth of the previous December.
In his communication referred to he stated the terms
which would be agreed to by the Government of
South Australia were that an ocean steamer should,
once a month, call off Port Adelaide, outward and
homeward, as heretofore, delivering the mails within
the same time as under the late contract with the
Peninsular and Oriental Company, but not being
bound to remain in the port longer than the time
necessary for landing the outward mails and twenty-
four hours on the homeward passage. To secure this
advantage this Government would propose to the
Legislative Council a Bill enabling them to pay over
for the benefit of the company any amount not
exceeding £12,000 per annum to cover the contribution
of this colony to any general subsidy agreed to be
262 The Constitutional History of South Australia.
granted by the Imperial Government, by whom it was
desirable that the arrangement, contract, and payment
should be made. In determining the quota for
each colony the number of letters sent from each
respectively was to be taken as the basis of calculation ;
the amount, however, whilst securing a monthly
mail communication from England via Adelaide to
Melbourne, was not to exceed £12,000 per annum.
The Acting - Governor added that assuming the Impe-
rial Government contributed only one-half of the
subsidy it would be reasonable to expect that the law
by which five-sixths of the postages on ship letters
between England and the Australian Colonies were
now remitted to England should be modified so that
each colony might appropriate its own postage and
prepayment be made compulsory, maintaining only so
much of the existing system as provided that the
postage stamp should carry the letter free to its
destination in England or the colonies, I shall have
occasion to revert to this question in my remarks
on the administration of Sir Richard MacDonnell, as
the matter was still unsettled when he arrived. A
bi-monthly mail, as I have stated, had previously
existed, but the contract had broken down.
The next question of importance that engaged the
attention of the Colonial Government at this time was
the excessive immigration of females. The report
of the secretary of the Land and Emigration
Commission in London of January 20th, 1855,
The Constitutional History of South Australia. 263
informed the Government that during the past year
they had shipped to South Australia in thirty-three
ships 10,324 emigrants, equal to 8,709 statute adults ;
888 of these were unmarried young men of fourteen
years of age and upwards, while the number of single
females between the same ages was 2,403 persons.
Most of these young women were factory girls and many
of them orphans ; some had been employed in France
in factories there, but had been compelled to return
to their native country through local arrangements
which had deprived them of employment. These girls
had been shipped to South Australia in such numbers
owing to the repeated demands for domestic servants
and also with a view to equalise the proportion of the
sexes. On arrival there was great difficult}^ in finding
employment for them, as they were for the most part
quite unsuited for domestic service, not having had
any training at home of that nature. Hence it was
found necessary to maintain them in the colony at the
public expense for some long time before they could
meet with situations. Tlie cost of their passage had
been at the rate of £19 13s. each advdt. To this
influx of immigrants must Ije added the excess of
arrivals over departures at Port Adelaide between the
adjoining colonies which, amounting to 1,3G3 pei-sons,
made the total iunnigration into South Australia
during the year 1854 equal to 11,077 souls. A large
immigration fund of £12,000 yet remained in the
hands of the Commissioners in London on January
264 Tlie Constitutional History of South Australia.
Ist, 1855, for farther emigration purposes ; and
additions were made to this balance through the large
land sales of the previous year, which I have previously-
stated at £383,470, the proceeds of which had not all
reached London at the close of that year. The colony
was in the iirst half of 1855 entirely free from
political excitement. The attention of the Acting-
Governor had been directed chiefly to the defensive
preparation, and the drill and equipment of the
volunteers, when news arrived from Melbourne
bringing English mails to March 5th, and news of
the death, on March 2nd, of the Russian Emperor
Nicholas. Our little army of volunteers, under the
command of Major Moore, had now attained suflicient
advance in organisation and drill to enable the Acting-
Governor to make arrangements for their review by
the new Governor, whose arrival in Melbourne had
been announced, and who might be expected to arrive
in the colony before May 24th, the Queen's Birthday,
when preparations were also made for the usual levee
at Government House, to be held by Sir Richard Mac-
Donnell, of whose arrival in Melbourne by the Blue
Jacket mail ship, on May 13th, the colonists were duly
informed. It was also known that the Governor and
suite had taken passage for Adelaide in the colonial
steamer Bicrra Bu7Ta. But the colonists were doomed
to disappointment in this respect in consequence of the
delays in the passage of the Burra Burra. Sir Richard
did not arrive at the expected time, and it devolved
The Constitutional History of South Australia. 265
upon the Acting - Governor to receive his fellow-
colonists at the levee held in honor of Her Majesty's
birth on May 2-ith. I quote from the Adelaide
Observer of Saturday, May 26th, 1S55, the following
account of the levee : — " At one o'clock His Excellency
the Actint'-Governor held a lev^e at Government
House. His Excellency was attended by the Private
Secretary, their Honors the Judges, the Advocate-
General, the Lord Bishop of Adelaide, the Acting
Colonial Secretary, and Captain Freeling, RE." (A
list of 274 names followed this announcement.) " We
have witnessed many annual celebrations of Her Most
Gracious Majesty's natal day in this colony, and are
therefore enabled to ])ronounce that the commemora-
tion of Thursday surpassed that of any preceding
Royal anniversary in South Australia. . . . The
The long array of names of gentlemen who attended
the lev^e, elsewhere published, may vouch for the
popularity ol His Excellency, the officer administering
the Government, and the very prevalent desire to do
him honor, not only as the actual representative of
Her Majesty, but the zealous and successful adminis-
trator of the jjublic affairs of this province during a
long vice-regal interregnum." After the levee the
Acting-Governor proceeded to the East Park Lands
Old Racecourse at three o'clock, attended by Mr,
Maturin, the Private Secretary, and several other
gentlemen, and inspected the volunteers drawn out in
line to receive him. No movements were attempted,
266 The Constitutional History of South Australia.
as the Commandant of the volunteers, Major Moore,
stated that he did not feel sufficient confidence in the
training of the volunteers to do more than present
them in line for inspection. The company drill had
been carefully attended to, but this was the first
occasion on which they had been called together for
battalion movements. After riding down the line
comprising two battalions, flanked by guns and by
Captain G Wynne's troop of cavalry on the right, and
a mounted police force on the extreme left, the Acting-
Governor left the parade, and the volunteers were
marched to their private parades.
My narrative now brings me close upon the advent
of Sir Richard Graves MacDonnell, whose arrival
had been retarded by the delay of the Burra Burra
steamer at Portland en route for Adelaide. The
Acting-Governor had endeavored to steer a course
which led him to raise no new questions which might
embarrass his successors, and his administration was
confined, therefore, to keep the departments of the
Government in o-ood working order and to establish
their efficiency, which had never been more complete
than on the arrival of the new Governor. There were,
however, two questions of importance yet unsettled.
One of these was the steam postal communication
with the mother country, Avhich had been made the
subject of correspondence between the Government of
South Australia and Sir William Denison. Quotations
in the preceding pages fully disclose the course of the
The Constitutional History of South Australia. 267
Acting-Governor, in which he sought to ascertain and
meet the wishes of the colonists throus^h the Chamber
of Commerce and the Press. It will be observed
in this correspondence that he committed himself
personally entirely to the view that South Australia
should have the full benefit of her geographical
position, and that the mail ships both on the outward
and homeward voyages should make Adelaide a port
of call, rendering, therefore, a branch service between
Adelaide and Melbourne unnecessary. The remaining
question still unsettled was the form of our new
Constitijtion, a subject on which the Government of
South Austi'alia had been left entirely in the dark.
This darkness was not dispelled before the middle of
August, 1855. In closing my account of the short
administration of the Acting-Governor I shall avail
myself of a quotation from the columns of the A delaide
Observer of Saturday, May 2Cth, on this subject, the
more especially as I propose to give a full statistical
account of the condition of South Australia at the close
of the year 1855, in order to enable me to compare
the progress of the colony when self-government was
completely established in October, 185G, with its
condition under existing circumstances after a trial of
more than a (piarter of a century. Extract from
the Adelaide Observer alluded to : — " With the lev^e
of Thursday the administration of Mr, Finniss as
Acting-Governor may be said to have closed, and it
cannot but have been gratifj'ing to that gentleman's
268 The Constitutional History of South Australia.
feelings to have received' the very large tribute of
respect which was shown him by his fellow-colonists.
The lev^e was by far the most numerously attended of
any we have witnessed for several years, and although
we doubt not that those who were present were
actuated by feelings of loyalty to Her Majesty on the
return of her natal day, and desired to express such
feelings by their appearance at Government House,
yet we are also fully persuaded that unfeigned respect
for the character, official and private, of the gentleman
into whose hands have been temporarily committed
the reins of government, entered largely into the
motives which induced the most unprecedented of
attendance. Mr. Finniss's businesslike, though quiet
and unostentatious, management of the affairs of the
colony since the departure of Sir Henry Young, have
given great satisfaction to the colonists ; and we are
glad of this opportunity of uniting with the general
voice in expressions of approval of the conduct of the
Acting-Governor under circumstances of considerable
responsibility, of an efficient public officer and an old
colonist.
--^-^^©^^^^J-^-
CHAPTER YII.
Arrival and installation of Sir Richard Graves MacDonne 1, C.B. , as
Governor-in-Chief — Despatch of Lord John Russell of May, 3rd,
1855, informing the Governor of the disallowance of the Parliament
Bill and the Civil List Bill of 1853 ; dissolution of the Legislative
Council thereupon— Writs issued for the election of a new Legis-
lative Council to reconsider an amendment of the Constitution —
The Governor publishes in the Gazette a scheme for a Constitution
to consist of one chamber only ; endeavors to influence the electors
before the elections in favor of his proposal — His Executive
Council disapprove of the scheme of one chamber — Correspon-
dence between the Governor and the Colonial Secretary on the
subject — The Governor abandons his scheme of one chamber, and
proposes for consideration a Bill to establish a new Constitution of
two Houses, on the model of that of Tasmania — The Governor
mistrusts the views of his Executive Council on account,
apparently, of the liberal tendencies of some of the members —
End of chajiter with remarks.
OIR Richard Graves MacDonnell, C.B., succeeded
^^ Sir H. E. F. Youncj in the government of South
Australia on .June 8th, 1854, on which day he was
formally installed, being received at the public offices
by Mr. B. T. Finniss, Colonial Secretary of the province
and Acting-Governor, The Executive Counnil was in
session, as requested by the new Governor in a letter
to Mr. Finniss from Port Adelaide, and the oaths of
office were administered Ijy the senior meml^er in the
presence of many of the principal colonists, who had
been expressly summoned to attend to witness the
ceremony and hear the Commission of Sir Richard
270 The Constitutional History of South Australia.
MacDonnell publicly read. Captain Gwynne's troop
of volunteer cavalry formed the guard of honor in
King William-street, and a body of police were in
attendance to keep the entrance to the Government
offices clear for the approach of His Excellency from
the pressure of the crowd which had thronged to
welcome their new Governor. The Lord Bishop of
Adelaide, with Mrs. Short, and other ladies, attended
to receive Lady ]SIacDonnell, who accompanied her
husband. After the administration of the oaths and
formal surrender of the Government, the Colonial
Secretary, whose functions as Acting-Governor had
now ceased, addressed a few words of welcome and
congratulation in a short speech, a copy of which, at
the request of Sir Richard, had been sent to him at
the Port. Much applause and cheering followed, and
the Governor replied in suitable terms, after which
His Excellency and Lady MacDonnell left the public
offices and drove to their new residence at Govern-
ment House, in a carriage prepared for the occasion.
The narrative of the rule of Sir Richard MacDonnell
is naturally divisible into two parts, which may assume
the dimensions of separate chapters. The first chapter
will relate his proceedings as Governor of a Crown
colony, embracing the period from his ai'rival in June,
1855, to the middle of October, 1856 ; and the second
part will then commence when he became a constitu-
tional ruler of a free colony, entrusted by Her Majesty
w^ith full power of self-government, as conveyed in the
The Constitutional History of South Australia. 271
term Responsible Government, which implied that the
Colonial Ministry, also comprising the Executive
Council, were responsible to the people of South
Australia through their representatives in a Parliament
consisting of two Elective Chambers. Sir Richard
Graves MacDonnell was recalled from the West Indies,
where he was administering the Government of the
Island of St. Vincent, one of the Leeward Islands of
the group, to replace Sir Henry Young in the govern-
ment of South Australia. He received a commission
as Captain- General and Governor-in-Chief — as South
Australia had been i-aised to the position of an inde-
pendent province, of which I was made acquainted in
a letter addressed to me by him from London, on
February 5th, 1855. The Herald, a London paper,
received in the colony about the same time, said : —
" The honor of knighthood has been been conferred on
the recently appointed Governor of South Australia
previous to his departure for his government. Sir
Richard MacDonnell is an Irishman, and son of the
Provo.st of the Dublin University. The length and
nature of his previous services may fairly entitle him
to his present promotion. He has survived the ordeal
of a ten years' residence on the western coast of
Africa, where he acted, first as Chief Justice in IS42,
and then as Governor in LS4-7. He penetrated far into
the interior of the country, and succeeded in fonciliat-
inir the native tribes, an<l concluding treaties of much
connnercial importance with their chiefs. Those who
272 The Constitutional History of South Australia.
attempted to violate their engagements he punished
by some vigorous military expeditions. But the most
dangerous enemy he had to contend with was the
terrible fever of the country, which seldom spares the
white man, and which attacked him some fifteen or
twenty times. On his return in 1852 his services were
acknowledged by his being made a Companion of the
Bath, and he was successively appointed Governor of
St. Lucia and of St. Vincent. He is said to be
possessed of very high abilities, and to be peculiarly
fortunate in conciliating personal regard."
Somewhat in contrast with this friendly picture
is the remark of the London correspondent of the
Adelaide Observer, written on March :3rd. He says : —
"At the late lev^e held at Birmingham Palace Her
Majesty conferred the honor of knighthood on your
new Governor, now Sir Richard Graves MacDonnell
The career of His Excellency, as depicted by our
morning papers, may be true enough in fact, but they
read strangely enough after the accounts received of
his policy at St. Vincent. However it will be well not
to prejudice him but to trust that he may pursue a
more conciliatory course in Australia than in the West
Indies ; and this may be the case when he finds he
has to deal with a thriving and intellectual cobny of
Saxons, rather than a handful of Creoles, half-castes,
and Mulattoes," This is evidentlv not from the hand
of a friend, and were Sir Richard arriving to crovern
South Australia the caution not to prejudice him
The Constitutional History of South Australia. 273
might be well timed. But now his acts speak for
themselves, and the impartial historian must give the
good with the bad, leaving the reader in the future to
judge him as a public man when party influences and
domestic attachments will have faded from the view
and results only weighed in the balance. Repoi'ts of
proceedings in the House of Commons published in
London also gave useful information to the colonists
respecting the fate of the Parliament Bill of 1853. In
answer to questions from Sir John Pakington, Sir
George Grey, the Home Secretary, but acting for Lord
John Russell, the Secretary for the Colonies, during
his absence at Vienna on important diplomatic business,
.said in the House of Commons that the Government
did not propose to take any steps in reference to the
constitution of the Australian colonies until his noble
friend, the Secretary for the Colonies, should be able
to give his attention to the duties of his office ; at
present, however, he was not sure that they were in
possession of the definite decision of the Legislative
Council of South Australia as to their own views upon
the matter. These remarks from Sir George Grey
support and preceded the statement of Sir Richard
MacDonnell in his letter to me of February 5th, 1855.
It was evident then at this time that the Parliament
Bill wa8 doomed, and tliat our new Governor was but
conveying to the colony in his letter what he knew
would be the action of the Imperial Government as
indicated by the response of Sir George Grey. Sir
18
27Jd The Constitutional History of South Australia.
Richard, however, took no iinporfcant stejjs in the
preparation of a scheme which might meet the wishes
of the constituencies, but proceeded to sound the
members of the Govei'nment and other influential men
whom he met, as to their views on the subject of
responsible government. It was easy to gather from
his conversation on public aflfairs that he considered
such a .system as in advance of the requirements of
the colony and of his views of expediency. But he
carefully concealed from his advisers the course he
intended to pursue until receipt of Lord John Russell's
despatch of May 3rd, 18.55, on August 11th. I shall
not hesitate to give in full the words of a despatch
important in many respects. It was published in a
Government Gazette Extraordinary issued on August
15th, which also contained a proclamation dissolving
the Legislative Council of South Australia. The
despatch was in these terms : — " No. 3. Downing-street,
May 3rd, 1855. Sir — I have to acknowledge Sir Henry
Young's despatches of November 5th and 28th last,
enclosing copies of proceedings of the Council and of
two addresses relating to the Colonial Parliament Bill.
I will not advert in any way to the questions raised
as to the motives under the influence of which certain
provisions of this Bill were brought forward and
discussed in the Council, farther than to express my
conviction that Sir Henry Young and his advisers
were sincerely anxious to carry into efl'ect what they
presumed to be the intentions of Her Majesty's
The Constitutional History of South Australia. 275
Government, and at the same time to promote the
interest of the community of South Australia. The
result, however, which I deduce from the documents
now before me, is that if the Council were about to
undertake legislation on this subject, unfettered by
previous proceedings, they would reconsider that
portion of the Bill which relates to the construction
of the future Legislative Council. Her Majesty's
Government have, therefore, come to the determination,
after fully considering the question, that it will be
advisable to introduce no measures into Parliament
this session to enable Her Majesty to assent to the
Bill which will consequently remain inoperative. They
leave it to yourself to consider, with the advice of your
Executive Council, whether it may not be expedient
that a fresh consideration of the question should not be
proceeded by a dissolution of the elective part of
the Legislative Council. In the meantime it is the
intention of Her Majesty's Government to propose
to Parliament the repeal of the Waste Lands Acts
prospectively as regards South Australia so as to
take effect whenever the new constitution shall be
established. If, therefore, the Legislature of South
Australia shouM think proper to pass their new
Con.stitutioiial Bill within tlie limit of the powers
given by the Act for the better government of Her
^Lajesty's Australian Colonies (I'.i and 14 Vic, cap
50) their jmrpose will be accomplished without the
necessity of further resort tf) I'arliament, and their
18 .V
276 The Constitutional History of South Australia.
Constitutional Act might receive the Royal assent
after being laid for thirty days before Parliament.
But with this view it would be necessary that the
clauses limiting the Crown's power of disallowance
should be omitted, as the law now in force on that
subject cannot be altered without the authority of
Parliament. This is the course which has been pursued
by the Legislature of Van Dieman's Land, whose
Constitutional Act has received the assent of the
Crown and will be brought into immediate operation.
I enclose a copy of that Act and some correspondence
connected with it for your information. The other
Act for granting Her Majesty a civil list will, of
course, remain inoperative without receiving Her
Majesty's assent. I have, &c., J. Russell. Governor
Sir R. G. MacDonnell, &c., &c., &c." This courteous
although disappointing despatch settled the questions
of the nominative Upper House and the control of
the waste lands of the Crown. The South Australian
Legislature was free to make both Houses elective,
and no conditions were attached to the cession of the
land fund. The only suggestion of importance, for it
may be considered a suggestion, was the allusion to
the Constitution Act of Van Dieman's Land. It was
a hint which most Crown Governors would act upon,
that South Australia would do well to pass a similar
Act. Accordinglv we find in the month of November,
1855, when a new session of the Legislative Council
met to consider the question of a new Constitution in
The Constitutional History of South Australia. 277
place of that disallowed, Sir Richard MacDonnell, after
failing in his endeavors to gain acceptance by the
community of his own plan of a Constitution to consist
of one Chamber only, placed before the Legislature a
Bill based on the Constitution Act of Van Dieman's
Land. But in that proceeding he strangely
misinterpreted the wishes of the South Australian
constituencies, if indeed he ever seriously desired to
consider them, on the question of responsible govern-
ment. Of this I shall place ample evidence before the
reader, founded upon written and printed documents
in my possession. In his communications with me he
was extremely reticent, whether in Executive Council
or in personal interviews — a line of conduct which I
have no reason to believe he departed from in his
interviews with others, his official advisers in his
separate endeavors to influence them to adopt his
views with due submission.
Soon after the receipt of Lord John Russell's
despatch of the 8rd of the previous May, Sir Richard
MacDonnell sent the Colonial Secretary the following
note : —
"Government House, Augiist loth, 1855.
" My dear Sir. — I am convinced, both on general constitutional
grounds, and also in conseqnsnee of the publicity already given to
Lord John Eussell'a despatch of May 3rd last, that an immediate
dissolution is at once desirable and necessary. If I had entertained
any doubts on the subject they would be set at rest by the reply sent
in mistake to the electors of North Adelaide, because the strict mode
in which, according to that letter, the wishes of the electors are to be
interpreted, amounts in fact to a poll of the constituency— w)io would
thus be polled twice over with reference to one dissolution — which, I
278 The Constitutional History of South Australia.
take it, would be putting them to very unnecessary inconvenience. I
am, therefore, convinced that the Government must lose influence and
popularity every moment during which a dissolution — now become
inevitable — is deferred, and the Executive be thus less able to carry on
the Government in a satisfactory and energetic way. Accordingly,
I last night (August 14th) decided on the course I would take, and
dii'ected a communication to be made to one of the papers, so as to
ensure the earliest possible announcement of my intention. It now
only remains to carry that resolution into eft'ect, and therefore I wish
the necessary Proclamation drawn up, and the writs issued returnable
in as short a time as the Advocate-General thinks it possible the writs
can in law be made returnable. I should say sixty days would suffice
to get a new Council actually at work. I have seen Mr. Cox, who is
quite ready and waits but for the Proclamation to publish a Gazette
Extraordinary.
" Believe me to be, most faithfully yours,
(Signed) "E. G. MacDonnell.
" Honorable B. Finniss."
A Gazette Extraordinary appeared on the 15th,
containing the Proclamation dissolvino- the old Lecris-
lative Council, and in the same Gazette Lord John
Russell's despatch, which had already been made
public through private sources, was made known. In
the meantime the Governor took the opportunity of
talking over with the members of his Government the
course he had resolved upon taking with regard to the
form of the new Constitution which he proposed to
submit at once to the constituencies, in order that they
might have the opportunity of declaring their views
before the new Legislative Council could meet in
session. Then with impetuous haste he communicated
to tlie Press, and subsequently published in another
Extraordinary Gazette the scheme which he intended
to submit to the country. The abstract of this scheme
The Constitutional Histonj of South Australia. 279
will be found in a Gazette Extraordinary of August
17th, the details of which must have been furnished
to the Government printer on the 16th at the latest.
It is too closely connected with the history of
Responsible Government to be omitted from this
narrative and buried in the archives of the Govern-
ment. I copy it, therefore, from the Gazette : —
" Government Notice. Government House, August
17th, 1885. His Excellency the Governor-in-Chief
beinor anxious to give the electoral constituencies the
earliest information in his power as to the general
outline of the nevj Constitution Bill, which he may
feel it his duty to propose for consideration of the
next Legislative Council, desires it to be notified that
it is his present intention to propose a measure
in which the following general principles will be
involved — 1. A Single Chamber or Assembly con-
sisting of forty members, viz., thirty-six Elective
Members and four heads of the principal departments,
viz.. Colonial Secretary, Advocate-General, and two
other officers to be hereafter determined. 2. Duration
of Assembly to be the same as that of the Legislative
Council under the present Constitution. 3. No special
qualification of members of said Assembly, nor
any disqualification except for crime. 4. Tenure of
office by Government officers having seats in the
Assembly to be the same as at present. 5. No Civil
List, except to secure the salaries of the four Govern-
ment officers holding seats in the Assembly. (J. Ample
280 The Constitutional History of South Australia.
power to be reserved to the future Legislature to alter
the details of such Bill, or effect any other change in
the proposed Constitution, and resolve the Single
Chamber into two. His Excellency further desires it
to be notified that any Bill, such as the above, involv-
ing the principle of a Single Chamber, without a
proportion of one-third Nominee to two-thirds Elective
Members, will require an Imperial Act to enable the
Royal Assent to be given to it ; nevertheless His
Excellency hopes the Legislature may meet for
business on the 9th of next October, and in the course
of six weeks after that date may determine on the
form of Constitution best suited to the country. If,
therefore, the Bill to be proposed by His Excellency
be adopted before the end of next November, it might
be ratified by Imperial Legislature, and returned to
the country in the course of the ensuing session of the
English Parliament — By His Excellency's command,
B. T. Fixxiss, Colonial Secretary."
This document is remarkable for its omission to
make any reference to the Executive Council although
the Secretay of State in his despatch to the Governor
communicating^ the disallowance of the Parliament
Bill, says, " that they (Her Majesty's Government)
leave it to yourself (Governor Sir H. G. MacDonnell)
to consider, with the advice of your Executive Council,
whether it may not be expedient that a fresh
consideration of the question should not be preceded
by a dissolution of the elective part of the Legislative
The Constitutional History of South Australia. 281
Council." This may be explained by the fact to which
I can personally testify that Sir Richard MacDonnell
was impatient of advice even in his Executive Council.
He never courted it until responsible government was
established, and he always showed his dislike to it by
interrupting the Speaker before he could conclude an
argument. He talked you down in short, and it was
dangerous to oppose the policy of a despotic Governor
in a Crown colony. The loss of office by his Executive
Councillors was certain to follow the institution of
responsible government, and would have been equally
certain under the proposed scheme of Sir Richard
MacDonnell, because the failure to cai'ry his measures
in the Assembly, which would have been the natural
consequence of the increase in the number and
proportion of the elective to the Government nominee
members, would have left the Government in a
contemptible position, and have led a man of Sir
Richard's' temperament to attempt a possible remedy
by bringing about a change in the members of his
Executive Council. The Parliament Bill of 18.53
recognised the altere<l tenure of office of men who
could retain their position only by leading the
majority of the elected members in the Lower House,
and provided what at that time the Council deemed a
just and adequate compensation. Under the altered
circumstances, occasioned by the disallowance of that
Bill, Sir Richard MacDonnell in his proposed new
Constitution possibly thought to conciliate the
2S2 The Constitutional History of South Australia.
Opposition, who had 'succeeded in defeating the
Parliament Bill throuo-h their memorial to the
Imperial authorities by leaving out the question of
compensation together with responsible government.
Regard for their own interests rather than for the
wishes of the whole community was put forward in
an article from Adelaide, dated November 20th, 1855,
and published in London in the Australian and
Nevj Zealand Gazette, as the moving principle which
regulated the advice and action of the Executive
Council during the discussions in the old Legislative
Council when the new Constitution resulting in the
Parliament Bill was under consideration ; and Sir
Richard MacDonnell may have feared that the liberal
tendencies of some of his own Executive Councillors,
in any fresh consideration of the subject under the
influence of such motives, would induce them to
favor the democratic party in the colony. History
is concerned with motives no less than with
actions of public men, since actions are regulated
by motives. But the difficulty of arriving at an
accurate judgment of motives is enhanced when
we come to view them in connection with the political
situation. Sir Richard MacDonnell was eminently
reticent as to his intentions until the promulgation
of his scheme for a reform in the Constitution published
by him in the Governriient Gazette of August 17th,
1855, although he sought in the strongest expressions,
in every conversation with me on such public matters,
The Constitutional History of South Australia. 283
to discountenance the principle of self-government as
applicable to South Australia in its then present
condition.
After the proclamation dissolving the then existing
Legislative Council he prepared and directed the
publication of the form of Constitution proposed by
him, and finding that his project was not likely to
find favor with the public and was misrepresented, as
he said, b}^ the press, he intimated to me by letter
marked private and dated August 20th, that he
had resolved the previous evening to publish a
niemoi'andum explanatory of the items of the sketch
without further reference to the Executive Council,
as it appeared to him very prejudicial to allow the
comments of the Press to ffo forth that mornino-
without the counterbalancing; weiofht of his own
explanations. But he added that he should nevertheless
wish for the opinions of the Council on that memo.,
and thought it better to allow that day (the 20th)
to go over fir.st. In the meantime he wished to
see me at Government House. As in conversation
with Sir Richard, the Colonial Secretary failed to
be able to express his own views to him as clearly as
he wished he wrote to him the followinof letter : —
" August 21st, 185.5.
" My dear Sir Riohanl— As we are shortly to meet in EJxocutivo
Council on the subject of your memorandum explanatory of your
reasons for urging the one Chamber as the basis of a new Constitutional
Bill, I feel it but fair and straightforward !iow to state what I have
felt ever since, that entertaining as I do, and did then, strong oxjiniona
284 The Constihdional History of South Australia.
upon the impossibility of Ccarrying iu any Legislative Council, to be
convened in this colony, such a Constitution, I fear I did not urge my
views with sufficient firmness. To the extent, therefore, to which
any opinions and firmness of mine in maintaining them would have
influenced you in your course, I feel that you have not had that soiind
assistance from me which might have produced a different programme
from that put forth. It is my duty to you, to the colonists, and to
myself to tender you my opinion upon that form of Constitution which
I believe will be most generally acceptable, and, therefore, which alone
can be carried in the Legislative Council. With such strong convictions
as I have upon the point not resulting altogether from my reasoning
powers as to the theory of the best Constitution for Australia, but
founded largely upon my impressions of the temper of the people and
the strength of parties, it is my duty to urge them in this crisis with
more force than I can do verbally, as my position of usefulness will be
most enlarged if in the Legislative Council 1 can urge views which are
the result of deliberate conviction. — B. T. Finniss,"
I should now mention that the members constituting
the Executive Council met one evening, by invitation,
in Government House, before the Governor published
his abstract of a Constitution to consist of one Chamber,
when the subject of a new Constitution was brought
forward in conversation. Abstract principles were
discussed, the Governor leading the conversation. This
theory involved a single Chamber to be elected by a
double constituency ; that is to say, a proportion of the
members were to be returnable by a highly qualified
suffrage to represent property and conservatism instead
of a separate Upper House. There was no serious
discussion, but it amounted to a process of sounding
the members in view of the feasibility of proposing
a single Chamber, and it seems to have determined
him to ascertain the views of the public by forthwith
publishing his theory. The Executive Council were
The Constitutional History of South Australia. 285
then appealed to officially to confirm the Governor's
resolve ; and I am prepared to assert that the views
of the Colonial Secretary and those of Mr. Hanson
were not in favor of the scheme. I am imable to
recollect the view taken by the other member of the
Government, but I believe he concurred in supporting
the Colonial Secretary's advice and that of Mr. Hanson.
I have no copy of the memorandum which Sir Richard
had written for publication in explanation of what he
conceived to be the misrepresentations with which his
published sketch of the Constitution had been assailed,
and upon which he was about to ask for the opinions
of his Executive Councillors, but I have an official
copy before me of the written reply of the Colonial
Secretary alluded to above. It runs in these words,
viz. : — "As repecbs the first paragraph of His
Excellency's minute, I may remark that the opponents
of responsible government in the Legislative Council
whilst the Parliament Bill of 1853 was under
discussion urged those arguments with full weight
and deprecated the introduction of what they
termed party government as having a tendency to
encourage a mercenary class of political speculators
who in the pursuit of power would regard the emolu-
ments of office rather than the interest of the public.
That there would be such a class no one can doubt, but
that they would be in such a majority as to be able to
rise to power I think impossible, until the Legislative
Assembly becomes what we have no reason to assume
286 The Constitutional History of South Australia.
that it will be — corrupt and enibecile. And as regards
the alleged want of a sufficient number of men of
administrative ability to contend for the prizes of
power, I think the difficulty is more imaginary than
real. Whenever the possession of office carries with
it the possession of power, influence, and the confidence
of a majority in the Legislature — which is implied
under complete Responsible Government, as now
understood by the community in South Australia —
there will be found many men fit to contend for the
prizes which must then be the test, as they would
really be the result of ability and devotion to the
public service. With such incentives to honorable
ambition, the character of the Legislature would rise ;
seats would be sought for by the most able, the most
wealthy, the most influential, am:l the most educated ;
and whilst it would call forth such men in South Aus- 1
tralia into action, and induce them to take part in public
affairs, it would tend to encourage the advent amongst
us of superior men from the mother country. I can-
not imagine a svstem which would be more precfnant
with certain advantage, and which carries with it a
more decided balance of good over evil. Self-govern-
ment will then have the fairest field for development,
and political science the highest aims and the most
rapid growth which has yet been attained in the British
colonies. I can only add to these arguments that as
Responsible Government is admitted to be a system to
which we must shortly advance, I think it should be
The Constitutional History of South Australia. 287
our object to settle all fundamental constitutional
points at once, as far as they are before us, and not
leave the future an inducement and an obligation to
proceed in the work of changes which may be urged
on under circumstances of far ^ more political excite-
ment than prevails at present. The next point to be
considered is the single Chamber. I think that the
arguments in favor of two Chambers are irresistible
when the assurance has been given that the control of
the land revenues will be obtained thereby, without
reference to the Imperial Parliament ; because an
appeal to Parliament may be remote and uncertain in
its issue. I am of opinion, moreover, that in adopting
two Chambers the Government would have the certain
support of a large majority of the elected members,
whilst in the attempt to gain a single Chamber it must
throw Government influence into the scale with the
minority, and perhaps meet with defeat. Public
feeling has become familiar with the idea of two
Chambers — provided they are both constructed on the
elective principle. And as there can be no doubt that
national impulses are sometimes wrong, and that local
influences sometimes assume the shape of general
impulses, and thus acquire an injurious ascendancy in
a single Chamber. It seems to me that it is for the
public good tliat there should be a necessity for sub-
jecting important measures to the ordeal of being
deliberatetl on through difl'erent political mediums;
organic changes, in the Constitution esj)ecially, will be
288 The Constitutional History of South Australia.
more cautiously determined after this double dis-
cussion which would ensue in the two Chambers. The
evil which has recently resulted to the colony, as
instanced in the necessity for the reconsideration of
the Parliament Bill of 1853, might have been obviated
if the subject had been considered during that session
in a new point of view, such as would have been
afforded by the introduction of the Bill into a second
Chamber. There are other objections to a single
Chamber which I shall not now urge, but advert to
the arguments in its favor deduced from the supposed
simplicity of its working. No doubt it would work
with simplicity and dispatch whilst no cause of discord
existed, and more immediate effect would be given to
the united will of both powers in the Legislatui'e.
But a system which depended for its harmonous
working, not upon the deliberate acts of men within
different spheres of power, restrained and admitted by
palpable constitutional checks, but upon the tempera-
ment and wisdom of one individual, would have
within itself the elements of discord. On these and
other grounds I request permission to record my
opinion in Executive Council upon the momentous
question now before the Governor and the public ; and
in doing so I shall confine myself to a simple' enuncia-
tion of that course which I believe will alone carry
with it such a majority of the elective members as
will be satisfactory to the colony. The measure to be
submitted then .should consist of two Houses, both
The Constitutional Histonj of So^ith Australia. 289
elective ; the Government to he carried on by paid
officers, who shall be required to obtain their seats by
election. Such officers to be removable when the
measures they proposed or defended were not sup-
ported by a working majority of the members. No
Government measure to be introduced but in accord-
ance with their advice. They should constitute the
majority in number of the Executive Council or
Cabinet, so as to be enabled to have a controlling voice
in the decision of the measures to be introduced into
the Legislature, and to give effect to the measures of
the Legislatm-e in their executive capacity. No
appointment to any public office should be made
without their advice and concurrence, nor any expendi-
ture incurred without their sanction. The suffrage
should be extended to the limit fixed in the Parlia-
ment Bill of 1853. The whole system, in short, should
be similar to that in the Parliament Bill, with the
exceptions I have mentioned, and the further ex-
ception of those clauses in the Parliament Bill
which limit the prerogative of the Crown in respect
of the veto upon all Legislative Acts." This
long memorandum was submitted to Sir Richard
MacDonnell with the Colonial Secretary's letter of
August 21st, above quoted, and he received the
next day the following note from His Excellency,
which dropped the curtain on the constitution of
one Chamber : —
19
290 The Constitutional History of South Australia.
" Government House, August 22, 1855.
" My dear Sir — I have to acknowledge the receipt of your note of
yesterday, from which I gather that conciirring in the ' programme ' of
a new Constitution put forth by me, you nevertheless held at the time
a strong opinion of the impossibility of carrying out such Constitution.
It would have been, perhaps, more usefiil, under the circumstances, to
have expressed that opinion then rather than now. Fortunately it does
not make any material difference, for I have already announced that if
the country hold an opposite opinion to my own as to the fitness of this
colony for Responsible Government, in the widest sense, I have no
mission to press my opinion. My intention is also announced of laying
before the Legislature in that case a Constitution, as similar as the
different circumstances of the two colonies will permit, to the Consti-
tution of Tasmania, transmitted to me by Lord John Kussell. Having
done that, I shall leave the new Legislature to decide whether they
will have the Bill as proposed or not, and if not, with what alterations?
I shall then transmit the result of their deliberations to Her Majesty's
Government, who will, I dare say, know how to deal with it. It is not
my intention to interfere further with the expression of the wishes of
the country, to which, so far as may be prudent, it will be the duty
both of myself and the Executive Council to give effect.
" Believe me, my dear Sir,
" Most faithfully yours,
"EicHARD Graves MacDonnell.
" The Hon. B. T, Finniss."
This closing letter conveys the last proof that Sir
Ptichard did not consider the country ripe for Respon-
sible Government in the widest sense. It shows also
that he had endeavored of himself to prepare the
constituencies for such a form of government as he
deemed suitable to them, without first consulting their
representatives assembled as a Legislature. In this
course he entirely mistook the character of the people
he had been called upon to govern, who, accustomed
to look forward to a full measure of Free Government,
resented the dictatorial method he had adopted in
framing, proposing, and pressing upon their acceptance,
The Constitutional History of South Australia. 291
with all the influence which as Governor of a Crown
Colony he possessed, a scheme of his own, not
presented to the assembled Legislatm-e for discussion,
but put before the electors for their decision at the
elections now immment. There is a natural jealousy
amongst free men of any scheme or act of government,
however perfect and complete it may be, which they
have not themselves had an opportunity of originating
or deciding. If Sir Henry Young had referred the
despatches of Sir John Pakington and the Duke of
Newcastle to a committee of the Legislative Council
to frame a measure of their own, or if Sir Richard had
followed such a course in dealing with the despatch of
Lord John Russell in later times, a Constitution Act,
not very much differing from that under which we
now live, would ]^robably have been the result, and
political harmony, instead of this antagonism between
the Executive Government and the elected members
which followed, would liave fused the governing and
governed classes in a combination working together
for the best interests of the country. As it happened
suspicion was engendered, and the Constitution Act
was framed nothwithstanding the strenuous efforts of
Sir Richard MacDonncU in the interests of what
he deemed conservatism, under the predominance of
democratic views, carried to tlie extreme limits. Sir
Richard MacDonnell appears to have distrusted the
advice of his Executive Council tlu-oughout his whole
proceedings, and this distrust was possibly engendered
19 a
292 The Constitutional History of South Australia.
by his knowledge of the popular views they had to
a great extent committed themselves to under his
predecessor, and which he failed to take into account
as factors which required his consideration and
sympathy instead of begetting mistrust.
When I commenced this chapter I intended to
extend it so as to include and conclude the rule of Sir
Eichard Graves MacDonnell as the Governor of a
Crown Colony, which would have taken me to the
end of October, 1856. But voluminous quotations,
which I have deemed it necessary to put before the
public, to enable them to form a just estimate of the
policy of the Governor, have encroached much upon
my space ; and wishing also to avoid confusion in the
mind of the reader, which might have arisen if I had
placed before him too many considerations, I have
decided to close this part of my subject and reserve
for the next chapter a continuation of the history of
responsible government, the struggle for which became
manifest when the writs were issued for the election
of members to consider a Bill to construct a new
Constitution. I have described the official contest
between Sir Richard MacDonnell and his Executive
Councillors, who had been parties to the policy of Sir
Henry Young, and the efforts of the Governor to
impress his own views on the community at large, the
failure of which he himself records in his note of
August 22nd. There remains to relate his struggle
with the members of the Legislative Council, in his
The Constitutional History of South Aicstralia. 293
endeavors to shape their action so as to preserve to
the Governor the same power in the administration
that he then possessed. The further differences
embracing, still later, Sir Richard's impatience of
the advice of the first ministry under responsible
government will be found related in a coming
chapter.
CHAPTER A'lII.
Government of Sir Eichard Graves MacDonnell continued — Eeturns
to the writs for a new Legislative Council— Election of Speaker —
Notice of motion by Colonial Secretary to increase the Governor's
salary — The Government Estimates referred to a select committee
of the Council — The question of the Governor's salary again
brought before the Legislative Council by elected members —
Quotatioiis from Governor's despatch to Secretary of State
accompanj-ing the Bill showing his resentment — Constitution Bill
proceeded with, and second reading proposed for November 20th —
* Mr. Button's and Mr. Kingston's contingent notices of motion —
Debate on November 20th — Constitution Bill passed on January
2nd, 1856 — -Keports of the Estimates Committee — The Estimates
passed and the Legislative Council prorogued on June 19th, 1856.
ri^HE returns to the \yrits for a fresh election being
-■- completed, Sir Richard MacDonnell summoned
the members to meet in Legislative Council on Novem-
ber 1st, 1855. It was full time, for the financial year
was drawing to a close, and besides the discussion
certain to ensue in order to frame a new Constitution,
there were many important measures for consideration.
An Act to regulate the salary of the Governor was
pressing, since the salary of £3,000 a year voted by
the old Council was subject to annual renewal in
respect of one-third of the amount ; but whilst the
Leo-islature were desirous of marking their sense of
the propriety of adding to the salary of the Governor,
in view of the increased cost of living since the gold
discoveries, they were prepared to grant a much larger
The Constitutional History of South Australia. 295
annual sum to secure the services of able men in the
conduct of the Government under Responsible Govern-
ment. And as the Parliament Bill had provided for
that contingency, they had taken the course of passing'
a temporary Act to add £1,000 a j^ear to the £2,000, at
which the Governor's salary had been fixed on Sir
Henry Young's first arrival, in the full expectation
that the confirmation by Her Majesty of the Parlia-
ment Bill and Civil List attached, would render
unnecessary any further action on their part on that
question. The Civil List Bill in fixing the salaries of
the Ministry under a responsible administration, had
provided £4,000 a year for the Governor's remunera-
tion. The Estimates for the year 185G had also to be
settled before the end of December, as well as the
authorisation of the excess expenditure of 1854 and
1855. But the session of November, 1855, extended
over a great part of the ensuing year, and it was not
until June ISth, 1856, that a Bill was passed " for the
further appropriation of the revenue for the years one
thousand eight hundred and fifty-four and one thous-
and eight huniJred and fifty-five ; and for the general
appropriation of the revenue for the year one thousand
eiglit hundred and fifty-six." The causes of this
delay in the passing of the Estimates for 185G are not
far to seek. There were many discordant elements to
be reconciled — Crown prerogatives, Con.scrvatism,
Democracy, and the wishes of the people as a whole
were to be consulted and harmonised. Sir Richard
296 The Constitutional History of South Australia.
MacDonnell was a faithful servant of the Crown, if
his administration of affairs during the period in which
he held office as Governor of a Crown colony be
considered, since he acted fully up to all his powers as
such ; and in his struggle with the Legislature he
probably conceived he was doing his duty in maintain-
ing all the prerogatives belonging to his situation.
He was much in the position of the Royal Stuarts
of England, who regarded England as being an
appanage of the Crown, such as Crown colonies now
are treated. The constitutional checks on the exercise
of the prerogative in the time of Charles I. were
gained by the nation through the intervention of
Parliament, and at the cost of a civil war to the
people, and of his life to the monarch. Sir Richard
MacDonnell's rule was a constant and vioilant strucjs^le
to obstruct the attainment of self-government, as it
was understood in South Australia by the community,
without regard to the Avishes of the people. In this
respect, however, he had no warrant in the policy of
Downing-street, if we are to regard the expressed
sentiments of the various Secretaries of State for the
colonies as instructions to him, and meant in all
sincerity, as we have no right to doubt. The Governor
of South Australia had now to shape his views of
government, not only in accordance with the wishes of
the governed, as he might choose to interpret them,
but as they were expressed by their representatives
elected in overwhelming proportion to the Crown
The Constitutional History of South Au,stralia. 297
nominees, whose official position represented only the
will of the Governor. Sir Richard found here an
element of resistance to his authority, \yhich he had
to consider and take into account. It was no longer an
Executive Council of officials, bound to support his
policy and execute his will, with which he could
govern according to his own impulses ; nor a Legis-
lative Council in which he was assisted by nominees
selected from amongst the colonists by himself, and
whose resolutions, if counter to his will, he coiild
control by his casting vote. But he had on his arrival
to reckon with a Legislative Council of whom
two -thirds of the members were elected by the
people who considered themselves the best judges of
their own interests, and who could enforce their own
decisions whenever they chose to be unanimous, and
against which the power of the Crown by the " veto "
was the only resource of an autocratic Governor. Sir
Richard failed to see this new element of opposition to
an autocratic ruler in its proper light, and he acted
towards the elected members of his Legislative Council
as he was accustomed to deal with his Executive
Councillors, claiming their advice and assistance but
showing himself their master. " L'ttat — cest onoi"
was the motto of his Government, and he never
retreated from tlie postion whilst lie held the reins of
power as the Governor of a Crown Colony ; and when
the new Constitution was proclaimed on October 24th,
18.5G, he reluctantly ceased to interfere in legislation
298 The Constitutional History of South Australia.
and began to regard his ministers as men whose
consent as well as advice was requisite before he could
perform any Act of Government not immediately
involving Imperial rights.
Sir Richard MacDonnell in summoning a new
Legislative Council to frame a constitution changed
the constitution of the Council as far as it depended
on himself by appointing new men as non-official
members, and substituting Mr. R. R. Torrens's name
for that of Mr. Dashwood amongst the official members.
His motives can only be divined, but it may be
assumed that he wished to bring fresh men to the
reconsideration of the Constitutional question whose
views would not be influenced by their former votes.
I shall give the names of all those, whether nominated
or elected, who, by their presence and votes, formed
the Legislative body that gave us the Constitution
Act of October 24th, 1856, since they have become
identified with the history of South Australian
freedom, and will ever be remembered as the assertors
of Responsible Government. The four official members
were — * Mr. Boyle Travers Finniss, Colonial Secretary;
*Mr. Richard Davies Hanson, Advocate- General ; *Mr.
Robert Richard Torrens, Treasurer ; Captain Arthur
Freeling, R.E., Surveyor-General. The four non-official
nominated members were — * Mr. James Hurtle Fisher,
All names with * prefixed were also members of the Legislative
Council of 1853, and took part in framing the Parliament Bill of that
year (disallowed).
The Oonstitutional History of South Australia. 299
Speaker-elect in 1855 ; Mr. Marshall Macclermott ; Mr.
Samuel Davenport ; Mr. Edward Stirling. The elected
members, sixteen in number, were — * J. B. Neales
* Francis Stacker Button, * William Peacock, * John
Baker, * George Fife Angas, * John Tuthill Bagot,
* "William Younghusband,* George Strickland Kingston,
* William Scott, Anthony Forster, Arthur Blyth, John
Bristow Hughes, Thomas Reynolds, John Rankine,
John Hart, Alfred Watts. These elected members,
together with the eight nominated members, made up
the number of twenty-four, constituting the Legislative
Council under the Constitution of 1851. Nine of the
above-named elected members assisted in passing the
Parliament Bill of 1853, which was disallowed, and
they were now re-elected in 1855 to discuss a new
Constitutional Bill. These nine members, together
with Mr. Fisher who sat as an elected member in the
discussions of 1853 and was now selected by the
Crown as a nominated non-official member, make up
together ten men of the old Legislative Council who
had now seats in the Legislative Council of 1855,
and had, consequently, previous experience of the
arguments used on both sides. If we add to the
number the three official members of the Government,
Captixin Freeling not having been a member of the
Legislative Council in 1853, it will appear that there
were in all thirteen memljcrs who took part in framing
the Constitutional Bill of 1855-G who had also a.ssisted
in the deliberations in 1853 when the Parliament Bill of
300 The Const ihitlonal History of South Australia.
Sir Henry Young was under discussion; a sufficient
majority to give effect to the views of the promoters
of Responsible Government in the new Constitution
Act which superseded the Bill of 1853. The first
proceeding of the Legislative Council which met on
November 1st, 1855, to frame the Constitution we now
enjoy was to elect Mr. J. H. Fisher as their Speaker.
Mr. Fisher, afterwards better known as Sir James
Hurtle Fisher, was created Knight Bachelor on
August 12th, 18G0, in recognition by Her Majesty
of his valuable political services. He arrived in
the colony in the Buffalo in 1836, holding
the appointment of Resident Commissioner until
October 13th, 1838, when the office centred in the
Governor. After a Parliamentary experience of many
years, Mr. Fisher became a member of the Upper
Chamber of the first Parliament under the Constitu-
tion of 185G, by election on March 9th, 1857, and
President-Elect on April 22nd. On February 2nd,
1865, he retired from the service covered with honors
to enjoy his otlum cum dignitate, rejoicing in a
vigorous old age, and content afterwards to see his
son-in-law. Sir John Morphett, succeed him in the
Presidency of the Legislative Council. Of gentlemanly
presence and address, he illustrated in South Australia
the type of the "fine old English gentleman," a
character which was always associated with him at
banquets, when the toast of his name was greeted
with musical honors. He brought to the colony as his
The Constitutional History of South Australia. 301
contribution to the general progress, five sons and
three daughters, and another daughter was Lorn to
him within a month after the foundation of the colony.
His five sons, inheriting the abilities of the father,
subsequently accumulated wealth in pastoral pursuits,
and three of his daugiiters married — the eldest to Sir
John Morphett.
All the members of the Leo-islative Council which
met on November 1st, 1885, without exception, became
known to fame as successful politicians and men of
business. But, alas, of these twenty-four names most
of them, at the time I am writing these lines (January
17th, 1885), have passed to their long home. The
survivors are B. T. Finniss (the writer of this memoir),
Sir Samuel Davenport, Anthony Forster, Sir Arthur
Blyth, and John Rankine.* I have alluded to the
serious work before the Council. After the election
of Mr. Fisher as their Speaker, the Council had to
consider a Bill to render permanent the Governor's
salary. The Estimates of 1S5G were also submitted
to them, and the draft of a Constitution based on the
Constitution Act of Van Dieman's Land. A lively
opposition to the policy of the Governor was at once
organised, not on any special objections to the measures
brought forward, but, as it seemed, because it was the
* Sir John Morphett, one of the founders of the colony was Speaker of
the liO^slative C'lUiioil of 1854, which was dissolved on Auj^iist Ifith,
18')'), V)U t liis name does not appear in the list of members of the Legis-
lative Council summoned on November Ist, IS.Vi, to frame the new
Constitution. He still enjoys a vigorous old age.
302 The Constitutional History of South Australia.
policy of the Governor, and not of a Government or
Ministry which they could control or displace. The
leaders of sections of the Opposition, who were always
ready to unite when their own special views were
not imperiled, were Mr. Kingston, Mr. John Baker,
Mr. Thomas Reynolds, and Mr. Francis Dutton.
Although not one of the members of the Legislative
Council summoned to frame the new Constitution in
1855, Mr. Morphett appeared prominent in all political
movements, both in the Legislature and on public plat-
forms previous to August loth, 1855. He was elected
to our first Legislative Council under our present Con-
stitution, and became its President on March 31st,
1865, succeeding his father-in-law, Sir James Hurtle
Fisher, Kt., who retired from that post of honor on
February 2nd, 18G5. :Mr. John Morphett appears on
the list of non-official nominated members of the Legis-
lative Council under the Constitution which existed
from June 15th, 1843, until February 21st, 1851,
up to which period the Legislative Council consisted
of three official and four non-official members, all
appointed by the Crown and presided over by the
Governor, who had a casting and deliberative vote.
Mr. Morphett again realised this position under the
partly-elective Council of 1851, of which he was
elected Speaker and held it until August 15th, 1855,
the date of the dissolution of the fifth session of that
Council. On March 1st, 1865, he Avas re-elected to
the Legislative Council, and elected its President on
The Criistifiitional History of South AHstralia. 303
March 31st of the same year, being honored by Her
Majesty with the title of Knight Bachelor on Febrviary
16th, 1870, and retiring finally from public life on
February 2nd, 1373.
The estimates were easil}" disposed of. They were
referred to a select committee for examination and
report. Every department was to be made subject to
a close enquiry. It was, perhaps, the opinion of many
of the members that much mismanagement would
be brought to lidit, since hitherto little was known
of the internal administration, which was always
shrouded in much mystery. There were also able and
ambitious men in the Council, who looked forward
to having a share in the administration under the
Eesponsible Government which they were resolved to
inaucrurate. Such members desired to master the
details of government to be the better prepared for the
future. These various motives were either openly
expreased or made the subject of conversation in
private. The Estimates being shelved for the time
the salaries were paid by votes of credit, and there
was only one legislative measure passed, the Governor's
Salarj' Bill, wliich became law during the closing two
months of the year, and this was not completed until
December 2Gth. It had always been the custom to fix
the salary of the Governor on his first arrival when
any increase was suggested, a proposal for which
usually emanated from the Secretaiy of State, as an
instruction to the Governor, for obvious reasons ; this
804 The Constitutional History of South Australia.
was a wise and politic method of proceeding. It took
away all temptation from a governor to regulate his
conduct so as to render himself sufficiently popular to
enable him to obtain an increase to his salary, without
remonstrance or objection from the community he was
governing ; and it was a judicious mode of obviating
any imputation of want of delicacy on the part of a
new governor, who, under the regime of a Crown
Colony, was required to propose the increase himself.
He moved in the matter under instructions. Sir
Richard MacDonnell produced no instructions to this
effect, but he directed the Colonial Secretary to bring
the subject forward at an early date and a notice of
motion for an address to the Governor proposing an
increase to his salary to £4,000 per annum, with
contingent allowances of £1,500, was prepared, and
appeared on the notice paper. The form of motion was-
drafted by the Colonial Secretary under instructions
as to the amount of money items. The proposal and
the preamble to the motion were made the subject of
attack by the press on the morning of the discussion,
and when put to the House the members declined to
go into committee to consider the question. The
Governor was so displeased with the result that he
made . the conduct of the Colonial Secretary in the
House the subject of severe censure in a despatch to
the Secretary of State (No. 48 of December 31st,
1855). Before the close of the year the question of
the Governor's salary was again brought forward by
The Constitutional History of South Austt-alia. 305
members of the Legislature, and an address voted in
which the sahiry was fixed at £8,000 a year. The
Governor consulted his Executive Council by placing
before them a draft of the message in reply which he
proposed to give to the Legislative Council. I have
no copy of this memorandum, but I have a record of
the advice which was then tendered to the Governor
by the Colonial Secretary on the subject, from which
it will be seen that the Governor proposed to reply to
the Leo-islative Council in terms which marked
his dissatisfaction with the address. This advice
given in writing was in the following words, and
is now in my possession : — " L I do not concur in
the terms of the message, because it would place the
Governor in a false position with regard to the
Legislative Council upon a point which would be
regarded in a great measure as personal to himselL
It would lead to the imputation that he was dissatisfied
with the amount, and would be resented by the
Council as a rebuke from the head of the Government,
which, whether merited or not, would have the effect
of creating an opposition arising out of feeling ;* and
as feelings influence most men as much as reason, the
* In the third report of the Estimates' Committee appointed in 1855^
p. 3, the committee nay — " Without expressing any conchisive oi)inion
upon the evidence of Captain Douglas regarding the usefulness of the
Blanche, the necessity for building or economy of keeping her your
committee recommend the disallowance of the vote as an expression of
the feeling of your HonoraVjJe House upon the question of unauthorised
expenditure." (See also the author's remarks on the pressure of feeling
brought to bear in support of that measure.)
20
306 Tlie Constitutional History of South Australia.
public interests would suffer by its being called into
existence. 2. The salary fixed by law for the Governor
is now £2,000 a year pending the confii-mation by
the Crown of a Bill intended to make it £3,000
for the year 1855, which, had it been assented
to, would cease to operate on December 31st next.
3. Had it not been for the general impression that the
Parliament Bill would have been in operation before
this date, by which the Governor's salary was perma-
nently fixed at £4,000 a year, I am of opinion that
the late Council would have fixed the salary of the
Governor permanently at £3,000 a year, instead of
leaving a portion of it subject to annual vote. They
did not intend to degrade the position of the Governor,
but when they first adopted the course of an annual
vote for the increase, it was under the expectation that
the necessity for increase would have subsisted only
for one year, and that then the salary would have
reverted back to £2,000 a year, as fixed by Act of the
Legislature. But seeing on the expiration of the first
term that the increased cost of living continued to
bear as heavily as before upon those who had fixed
incomes, they continued a provision for one year more,
which they supposed would carry the Governor into
the period when his salary would be fixed by the
Parliament Bill, and no further legislation on that
subject rendered necessaiy. 4>. I am of opinion that
the Governor should, without remark, inform the
Council that in terms of their address he has caused a
, The Constitutional Sistory of South Australia. 307
Bill to be introduced settling- permanently the salary
of the head of the Government. This Ant will be
virtually repealed by the Parliament Bill, and the
Governor will no doubt receive insti-uctionsauthorisinof
him to receive the augmented sum on the inauguration
of the new Constitution. The Council have objected
to fix the salary of the Governor at £4,000 a year>
because they identified that sum with the coming into
operation of a form of Legislature having extended
powers. I am not advising the Governor to omit all
reference to the form of notice under which 1 intro-
duced th3 oi-iginal address, from any considerations
personal to myself, but because I think it would be
more dignified in the Governor not to allude to an
individual in his Government, or to circumstances not
necessarily connected with the subject matter in the
present address. (Signed) B. T. Finniss. November
28th, 1855." But Sir Richard was not satisfied to
leave the matter in this condition. In a despatch
(No, 48) from Government House, Adelaide, of
December :3.1st, 1855, addressed to the Secretary ni'
State in Downing-street, he encloses the Bill which
passed its last stage in the Legislative Council on
December 2Gth, at the same time censuring his Colonial
Secretary in no measured terms, and complaining of
his conduct as though that al(»iio had caused the
rejection of any measure t(; incica,so his salary,
instead of being really but the osten.siblu reason.
In the midst of heavy work that despatch, a very
20 a
308 The Constihitional History of South Australia.
lengthy one, was submitted to my perusal, and as
I was thus afforded an opportunity of copying it I
quoted only parts which related to me personally. I
had no fear of the effects of those remarks upon the
mind of the Secretary of State from the view of the
case put forward by Sir Richard himself, and which I
had no time to repl}^ to as Sir Richard seemed desirous
of forwarding his despatch at once. Under these
circumstances I withheld any repl}' to the Secretary
of State to accompany the Governor's despatch,
influenced also by the consideration that 1 knew
Responsible Government had been affirmed in the
Legislative Council, and that I had sufficient support
there and throughout the constituencies to secure my
political position from being disturbed or injured on
such grounds. Sir Richard observed to the Secretary
of State in the 10th paragraph of his despatch as
follows : — " 10. I now enclose the very extraordinary
notice of motion which Mr. Finniss, without consultino-
me, gave on the subject. I never saw it until in print,
and then found that he had put the increase of
my salary on the ground that I was no longer a
Lieutenant - Governor but Governor - in - Chief. The
mere announcement of such a reason was quite
sufEcient to insure the defeat of the motion, as also to
throw ridicule on the Governor. I therefore took the
first opportunity in my power of seeing Mr. Finniss
and of directing the terms of the motion to be altered ;
but on further consideration next day I thought that
The Constitutional History of South Australia. 309
course insufficient, and sent him the enclosed letter
requesting the motion to be withdrawn altogether,
but not without consulting the Executive Council.
11. This took place on the very day fixed for the
motion, and T enclose the resolution of the Executive
Council in favor of proceeding with it on the
understanding that Mr. Finniss should explain I had
no connection with its wording. During the debate
he admitted the terms of the motion to be his own,
but argued the matter in a great measure on the
ground contained in the notice, which grounds he
knew I disapproved, and did not give the simple
reason which alone justified such a motion, viz., the
unavoidable necessity, through an act of the Home
Government, of discussing the question at some period
of tlje session, and the consequent propriety of taking
the discussion early. 12. The result was that the
Legislature declined even going into committee on the
motion, and I am not surprised at such a decision, for
I consider that whatever might have been the feeling
of the Legislature previously they must on that
occasion have been strongly biased against a motion
grounded on such "bizarre" reasoning as that published
by the Colonial Secretary, and circulated for some days
previous to the discussion, till it had become the butt
of observation in private and of sarcasm by the press
in public ; whilst my total disconnection with and
disapproval of such reasoning was never either then
or since franldy and fully avowed by Mr. Fbmiss in
310 The Constihitional History of South Australia.
the straigldforivaTd manner which I conceive / had a
right to expect. About a fortnight subsequently the
elective members themselves proposed and carried an
address resulting- in the Bill for £3,000 permanent
salary transmitted in my despatch of this date, ... *
1 5. After much consideration I therefore proposed to
my Executive Council that I should send the enclosed
reply," &c.* 16. I therefore felt much embarrassed
how to act, but thought it would be best on the whole
to let the matter drop in silence and eventually leave
the colony without accepting any increase to my
salary. 17. Such would most probably have been my
course had I not heard accidently that a petition to
the Legislature was being numerously signed by the
merchants, »fcc. I therefore, as the least obnoxious
course, instructed the Advocate - General to lay
on the Council table the next dav the Bill trans-
mitted in my despatch. 18. . . . Since then
I have so much reasou to know that public
opinion disconnects me with the tenor and terms
made by Mr. Finniss, that I am unwilling to
recur to the misconstruction to wdiich that officer's
inexplicable conduct exposed me. The despatch
from which I have just quoted w^as forwarded
to me with a note from Sir Richard MacDonnell,
dated from Government House, January IGth, as
follows, viz : —
* Irrelevant matter omitted.
The Oonstitutional History of Soutlb Australia. 311
" My dear Sir — Being anxious to place on record some explanation
of mj' conduct and feelings in reference to the notice of motion which
you gave early in the session in respect tj the Governor's salary, I
have written to the Secretarj' of Ptate on the subject. The enclosed was
drafted some time ago, hut was only handed to me for signature this
day, and at the moment of signing it I considered it only fair tliat you
should be acquainted with the opinion I express of the course which
you then pursued. I have, therefore, not yet signed the despatch, but
transmit it for your private perusal, and request that you will return
it as soon as convenient. Believe me to be, most truly yours,
(Signed) "Richard Graves MacDonnell."
The next day the Colonial Secretary (Mr. Finniss)
returned the despatch, having copied the portions that
concerried him personally, and which I have quoted.
In returning the despatch the Colonial Secretary sent
the following note : —
" January 17th, 1S5G.
" Dear Sir Richard.— I have perused the despatch you forwarded to
me in reference to the Act of Council fixing the Governor's salary, and
now return it without remark, other than to thank you for the know-
ledge of its contents, which, as far as regards me personally, may be
important. I remain, &c., &c., &c.,
(Signed) "B. T. Finniss.
"To Sir Richard Graves MacDonnell."
It will serve to make this question of the Governor's
salary intelligible if I give a copy of the notice of
motion giv^en by the Colonial Secretary, and which
appeared in the Times of Saturday, November 3rd,
and was also presented to the Governor by the
Government printer on the same da)'', when he sent to
Government House a printed copy of the notices of
motion for the following Tuesday, in the following
terms, viz : — " Notices of motion and orders of the
312 The Constitutional History of South Australia.
day, Tuesda)^, November 6th, 1855. Government
business : notice of motion — 1. The Colonial Secretary
to move — ' That Her Most Gracious Majesty having
been pleased to separate this colony from the control
and authority of the Governor of New South Wales,
and to confer upon the Officer Administering the
Government the superior title of Captain-General and
Governor - in - Chief, instead of that of Lieutenant-
Governor held by His Excellency's predecessor, this
Council is of opinion that the salary of the office
should now be increased and settled on a permanent
footing, according to the following scale, to date from
His Excellency's arrival, viz. — For salary of the
Governor-in-Chief, £4,000 per annum ; for contingen-
cies, a sum not to exceed £1,500 per annum, to include
the salary of the Private Secretary, Assistant Private
Secretary (if necessary). Messenger, forage for three
horses, fuel and light, travelling expenses of His
Excellency and staff,and office contingencies generally.'"
On November 5th (Monday) the Governor called at
my office, and in consequence of the strictures made
in public on the above notice, he himself, in his own
handwriting, which I have before me, proposed the
following substitute for my notice of motion : — The
Colonial Secretary to move — " That it is consistent with
Constitutional usage that the salary of a Governor of
a colony should be settled as soon as possible after the
arrival of the Governor, and that this Council is of
opinion that the salary of the office should now be
The Constihttional History of Soioth Australia. 313
increased and settled on a permanent footing, accord-
incj to the following; scale, to date from the arrival of
the present Governor; and that a Bill should be
introduced to embody the provisions hereby suggested,
viz., for salary of the Go vernor-in -Chief, £4,000 per
annum; for contingencies, a sum not to exceed £1,500,
to include the salary of the Private Secretary, Assistant
Private Secretary (if necessary). Messenger, forage for
three horses, fuel and light, travelling expenses of His
Excellency and stall, and office contingencies generally."
But on the morning of November 6th, when the
motion was to be discussed, the Colonial Secretary
received the following note from Sir Kichard. (N.B. —
There had been violent attacks that morning in the
daily papers directed against the notice of motion
given by the Colonial Secretary) : —
" To the Honorable B. T. Finniss.
" Government House, November 6th, ISoo.
"My dear Sir — In reference to our conversation yesterday on the
subject of your notice of motion as to the Governor's salary, I have
since then considered the matter further. I feel that the reason given
by yoti in that notice is one so calculated to throw ridicule on the
Government and on myself personally — and is, moreover, so opposed to
all my own reasoning on the subject, that 1 know of no way in which
I can effectually prove how repugnant to my reason and to my feelings
is the position in which y>u have placed me by such notice, than by
requesting it to be withdrawn. I infliiitoly prefer either living on
jE'2,000 per annum, or leaving the colony, which, I presume, would then
be the only alternative, to having my name associated with a motion
against whicli might have been urged, and have been urged, the most
conclusive arguments. In fact, I heartily agree in everything stated
by the Press thi^■ morning on the subject. The subject is one of so
much importance, and so much affects, not merely my personal character
and interests, but in some measure, perhaps, that of my successors, that
31-i The Constitutional History of South Australia.
I am unwilling to give you any positive instructions till you shall have
consulted the other members of the Executive Council. I therefore
request that you will lose no time in assembling them together —
calling in also the Treasurer, and having read this note request them
to decide on the course which they recommend should be followed.
For myself I feel so confident that every one must regard me as
virtually the author of a notice which I never saw till in print, and
against which I then protested, that I believe no course can so effectu-
ally clear me of all participation in a proceeding so opposed to my
personal wishes, as the complete withdrawal of the motion, and the
substitution of nothing else for it. At the same time you will admit,
I have no doubt, that I am entitled to a full and distinct statement by
you in the Council this day, and under any circumstances, that the
reasoning given in your notice of motion is entirely a suggestion of
your own, opposed to my opinion, and against which I forthwith
protested. Believe me to be, my dear Sir, very trvily yours,
(Signed) "Eichard Graves MacDonnell."
I have italicised a few words in this note — " Calling
in also the Treasurer" as Mr. Torrens was not then
sworn in as a member of Executive Council ; also the
words, " tvhich I never saw till in print, and against
ivhick I then protested" rendered more strongly in the
concluding paragraph, " against which. I forthiuith
protested." The fact being that the Governor was
furnished with a printed copy of the notice paper on
Saturday, November 3rd, as attested by Mr. Cox, the
Government Printer, and the notice appeared in the
Times of Saturday, which the Governor always read.
No objection or protest was made until the 5th, when
the Governor prepared an- amendment of Mr. Finniss's
notice. In obedience to the commands of Sir Richard
MacDonnell, Mr. Finniss laid his note before the other
members of the Executive Council — Mr. Hanson and
Captain Freeling — and called in R. R. Torrens, as
The Constitutional History of South Australia. 315
directed. The result was the following resolution : —
" That in the opinion of this meeting it would be
expedient for the Colonial Secretary to make the
motion of which he has given notice in its present
form, stating only that it was not seen by or com-
municated to the Governor' before it w'as given, and
that consequently he (the Colonial Secretary) is alone
responsible for its form. Moved by H. D. Hanson ;
seconded by A. Freeling. Approved to be an instruc-
tion to Colonial Secretary. (Signed) R. G. M., Nov.
Gth, 1855." These remarks will serve to explain the
meaning of the quotations from the despatch (No. 48)
of December 31st, which the Colonial Secretary only
copied as far as it respected his own actions in the
matter of the Governor's Salary Bill. I omit also
much that passed in his conversations with the
Governor when he was directed to prepare a notice of
motion resjjecting his salary, as being too personal to
be useful. The correspondence shows that Sir Richard
MacDonnell was wounded an<l resentful at the issue
of Ids appeal to the Legislative Council for an
increase of salary, and that he atti'ibuted his want
of success to Mr. Finniss's action. The Colonial
Secretary but carricrl out His Excellency's policy
after expressing his own views on this particular
suVjject and making efibrts to obtain positive instruc-
tions, botli as to the form and substance of the notice
of motion to be given. He could only argue the
question in the Legislature according to Ins own lights,
316 The Constitutional History of South Aristralia.
and he knew in the temper of the House that no
form of notice to increase the Governor's salary to the
extent required and suggested by himself would pass
the Council. I must mention that the Governor by
his own acts was at this time unpopular ; but there
was a court party, if I may use a phrase having great
significance in English history, who were ready to
assist him in his views, whatever they might be, who
endeavored to sow dissensions between the Governor
and the Legislature, between the Governor and his
constitutional advisers, and between those advisers
themselves. Differing from the policy of the press
generally in the colony on these questions, persons
writing, as they believed, in the interests of the
Governor penned such effusions as the following, not
in the local papers but in publications circulated in
London such as the Australian and Few Zealand
Gazette. In March, 18.56, an article of this nature
reached the colony : — " South Australia. From a
correspondent. Adelaide, November 28th, 1855. Since
the dispatch of our last advices the most engrossing
topic has naturally been the long-looked-for meeting
of Council with the consequent disclosure of the
hitherto carefully concealed plans and policy of Sir
Richard MacDonnell ; for after the reception of his
' feeler ' in September last he wisely declined the
repeated request of the newspapers that he would
promulgate the intentions of his inmost soul ; and,
accordingly, nothing was divulged until November 1st.
The Constitutional History of South Australia. 317
The necessarily great delay on the return of the writ
for Flinders, which at last reported Mr. Alfred Watts
as the representative of that district, prevented
publicity being given to the selection of nominees
until a few days before they were required to assemble.
Mr. Finniss and Mr. Hanson took their seats ....
as the Government organs ; Mr. Torrens was again
nominated, but as Colonial Treasurer instead of
Registrar-General ; Captain Freeling, E..E., Surveyor-
General, was appointed in the place of (many say in
preference to) Mr. Dashwood, Collector of Customs.
Of the two first gentlemen it ls fortunately necessary
that we should say but little, as they are only too
well known by all who take any deep interest in this
colony. Let it suffice them to state that whatever
their real opinions and feelings may be, regard for
what they believe their interests, as throwing them
with full force into the ultra-popular side without
allowing them to take sufticient precautions against
being thrown over. They appear not to have awakened
from their pleasing dream of last June, that the Burra
Burru steamer had gone down* and that they were
the highest in the land ; it would seem that there was
no liigher authority here to whom they owed implicit
obedience, whilst they received the meed of such
service ; that tlieir interests alone were to be provided
for, their popularity and ultimate success made certain^
• It will be recollected that the Governor reached the colony iu the
Burra livrra.
318 The Constitutional History of South Aii,stralia.
The Tasmania Ui^sa Major of 1855* has caused them
to forget that colony's Ursa Minor of 1852 -f*. Strong
as are the ties which bind them in the contest which
must take place, on one side at any rate, with one
whom they are resolved on making their common
opponent none will be easier broken when it appears
to either that the downfall of the other would promote
himself ; and though their reward cannot at present be
exactly predicted or its time fixed, it must be looked
forward to as a matter of certainty when the
inflexibility of character of their opponent is taken
into consideration along with the other numerous
reasons which justify our present anticipation. Of
Mr. R. R. Torrens we have only to report that he has
announced amongst his friends his intention to revisit
England. Brilliant as a rocket but harmless as a
squib, we can recall to mind no single instance of his
damaging in Council the cause of his opponents, or
influencing one vote in favor of his own. Captain
Freeliug combines the Colonial Secretary's clearness for
practical working with the Treasurer's independence
of thought, and it is to be hoped will acquire the
Advocate-General's fluency and rhetoric — but nothing
more from that quarter — added to which he is a
gentleman, and as such will deal with all members
and questions. Had he the experience of his colleagues
far more might be expected from him than can now
* I am ignorant to whom allusion is made.
f I am ignorant to whom allusion is made.
The Onnstitutional History of South Australia. 319
with justice be looked for. Still much good is counted
on from him through a well-grounded report that the
Governor courts his private advice. The non-official
nominees are — Messrs. Samuel Davenport, Edward
Stirling, Marshall MacDermott, and James Hurtle
Fisher. The first is a useful member of the Port
Railwa}^ Board, South Australian Company, South
Australian Bank Directors, &c., and will, no doubt, if
his health permit, prove a constant and zealous ally
to his party. Few men are older colonists than Mr.
Edward Stirling, in whom the squatting interest will
find a friend and the Government an unprejudiced
councillor. Mr. MacDermott was originally an officer
in the army, then banker at Perth, Swan River ; next
manager of the Australian Bank at Adelaide, until
deposed by a gentleman who became, liowever, his
.son-in-law, now in partnership with another son-in-law,
Mr. Francis Dutton, M.L.C. Mr. MacDermott is one
of the numerous Adelaide merchants with far more
.spare time than his friends could wish for him ; of
his talents we can only say that, no doubt, they will
gradually appear. Of Mr. James Hurtle Fisher's
legislative al)ilities it would be waste of time to write
to those who ai'e so well-acquainted with them. An
extraordinary occurrence took ])lace in Council on
November (ith. The Colonial Secretary brought
forwai'd a motion, the wordinjf of wliidi he claimed as
entirely his own jiroduction, fur the consideration
of a Bill to increase the salary of the (iovernor
320 Tlie Constitutional History of South Australia.
from £2,000 to £4,000 per annum, with £1,500 for
allowances, on account of the title beino- chano-ed
from Lieutenant - Governor to Governor - in - Chief,
Such a reason was. of course, rejected as insufficient ;
and the Council, urged on by Mr. Baker, who
of course led the Opposition, declined going into
committee on the subject. Had Mr. Finniss endeavored
to bring about such an end, he could not have taken
different steps, and if report says true, this was a base,
premeditated, but well concocted scheme for teaching
the Governor the policy of conciliating his Colonial
Secretary. It would appear that on more than one
occasion His Excellency has deemed the advice of
others preferable to Mr. Finniss's, on which the latter
has thought proper to retaliate in this way, believino-
Sir Richard MacDonnell had so much delicacy as to
feel unable to avenge himself for his loss of salary
through Mr. Finniss's treacherous conduct. Mr. R. R.
Torrens, Colonial Treasurer, has been aj^pointed to a
seat in the Executive Council, and may very possibly
soon be senior member."
It so happened that Mr. R. R. Torrens was sworn in
as a member of the Executive Council on November
19th, 1855, the very day before the date of the article
I have quoted from the Australian and Nevj Zealand
Gazette, which was circulated in South Australia in
March, 1856. In order perhaps to set at rest intrigues
of this kind relative to the influence which Mr. Torrens
was supposed to have in the counsels of the Governor,
The Constitutional History of South Australia. 321
•which were freely circulated to do injury to the
Colonial Secretary, whose influence was assumed to be
waniu'^ since he had failed to secure an increase to the
Governor's salary in November, 1855, and was known
to entertain more liberal views in politics on the
Constitution (|uestion than suited the programme of a
Governor of a Crown colony not yet trained to see
anything l:»ut danger to the State in Democratic
tendencies, Sir Richard MacDonnell found it neces-
sary to take a stand. It was too evident that a court
party was making head in the political and social
world, which although useful in a Crown colony,
would Ije scarcely compatible with the impartial
[tosition of a Governor under Responsible Government,
whose part in politics must be neutral, and whose
interference with the Legislature is limited to ffivinoc
effect to their decisions, and speaking to them in
messages carefully suggested by the dondnant party.
Sir Ricliaid accordingly took an early opportunity in
a note to the Colonial Secretary, dated May 31st,
185(J, to express his views in the following terms : —
" My <lear Sir — A.s I may probably be going to Port Lincoln next
week, anrl might forget to allude to the point to which I mean to draw
your attention now, I think it as well to beg of you to take some
opportunity of adverting hereafter to remarks made in the debate last
night, as to the special influence of the Colonial Treasurer in the
Council, and liis having the ' ear of the Governor.' I believe it would
puzzle people in every colony whose government I have administered
to say who ' has my ear ' in the sense meant, knowing, as you must,
that I judge always for myself : and knowing also that the records of
the Executive Council do not prove the Treasurer's opinion to have
more weight, but on the contrary somewhat loss weight than that of
21
322 Tlie Constitutional History of SotUh Australia.
yourself and the Advocate-General in matters connected with the
general administration of the Government, it is desirable, witli a view
to defeating the object of the parties making assertions of that kind,
to contradict them flatly. My wish has always been that the Executive
should assert and maintain its right to have an opinion of its own,
and support that opinion, relying on the country's standing by it
hereafter, it' the course of Government be really straightforward,
honest, and wise. For the policy of making a decided stand the
Treasurer perhaps has given me more suppoi't than the other members
of the Executive. But the policy, as based on the circular to the heads
of departments, and expressed in the Government memo., was my
own, and with the aid of the other members of the Execative was
eminently successful. Of course the Treasurer can support that
policy by arguments which have most influence with him : but I quite
agree with everything which you so well said yesterday in the House
on that subject. The Treasiirer's individual arguments are his own,
though the policy which they support may be and is the policy of the
Government. Believe me, yours truly,
"R. G. M'D."
But I have dioTessed somewhat, and will now revert
to the proceedings of the Legislative Council in
November, 1855. The Estimates making provision
for the expenditure of 185(J, were shelved during
the enquiry instituted by the committee, and other
matters engaged the attention of the Government. The
Constitution Bill was now the great question of the
day. It was read a tirst time early in November by
the Colonial Secretary, who had charge of the Govern-
ment Bill, after the principles had been made the
subject of frequent discussion in the Executive
Council. I have said that Sir Richard MacDonnell
finding his project of a single Chamber not in agree-
ment with public opinion, which had been instructed
by the framers of the Parliament Bill of 1853, fell
back upon the Act of Van Dieman's Land, which had
The Constitutional History of South Australia. 323
received the approval of Her Majesty, and a copy of
which Lord John Russell had transmitted to the
Governor — a somewhat significant hint of the kind of
measure which might be adopted in South Australia.
This Bill met the wishes of the constituencies in one
respect — that of the establishment of a Parliament to
consist of two elective Chambers. In no other respect
was it suitable to South Australian views of self-
Government. It had consequently to undergo a severe
ordeal before it was made acceptable to the Legislative
Council. The members of the Government were well
aware that it would never pass the Legislature in the
form in which it was introduced, and were prepared to
admit of great alterations in the Bill, which had been
read a first time. As soon as the Colonial Secretary
gave notice that he should move the second reading on
Tuesday, November 20th, the notice paper was filled
with proposed amendments. Mr. Francis Button
tabled a contingent notice in favor of the vote by
Ijallot. Mr. G. S. Kingston proposed a new Bill alto-
gether in the numerous amendments which he placed
on the notice paper. Mr. Kingston's notice was to this
effect — '' That this Council is of opinion that in order
to meet the wishes of the colonists as expressed at the
recent general election, the Bills granting an amended
Constitution to South Australia should contain enact-
ments carrying out in detail the following principles :
— I. Responsible Government. 2. The extension of
the election franchise to every male t\v»'iity-one years
21 A
324 The Constitutional History of South Australia.
of age, untainted by crime, who has been resident in
and registered six months in the district. 3. The
Parliament to consist of two Chambers, both elective,
the Upper House to consist of twelve and the Lower
House of thirty-six members. 4. The election to the
Upper House to be bv all the electors of the colony
voting in one district. 5. The election to the Lower
House to be by districts, for which purpose the colony
shall be divided into electoral districts, comprising as
nearly as practicable equal numbers with power of
revision from time to time. G. The qualification of
voters to both Houses to be the same. 7. No property
qualification for members of either House. 8. The
Lower House to be elected for a period not exceeding
five years. 0. In the Upper House one half of the
members to retire, and a fresh election to take place in
their stead at every dissolution of the Lower House.
10. All elections to be by 1:>allot." A long debate
ensued on November 20th, when the Colonial Secretary,
who had charge of the Constitution Bill, moved the
second reading, ia which he kept within the course
which had been agreed on by the Government. I give
his speech in full, as printed in the daily papers on
November 21st. I have omitted the speeches of other
members of the House because the policy of Sir
Richard MacDonnell, exercising the powers of the
Governor of a Crown Colon v, is shadowed forth in
the statements and declarations of the Colonial
Secretary : —
The Constitutional History of South Australia. 325
The Colonial Secretary said — " Mr. Speaker, I rise,
sir, to move, pursuant to notice, the reading of a Bill
intituled ' An Act to establish a Parliament in South
Australia, and to grant a Civil List to Her Majesty.'
Sir, when I laid this Bill before the House, and moved
the first reading, I gave a short outline of its object,
and then stated that at a proper time I should explain
its principles ; that time is now come, and it is more
' necessary than evei- that I should now go fully into
the principles which this Bill contains, since there is a
notice before the Council, calling upon the House to
consider certain propositions which profess to be at
variance with the principles of the Bill introduced by
the Government. The appearance of this notice, then,
renders it necessary not only that I should explain the
principles of the present measure, but also the differ-
ences, if any, which exist between this notice of
amendment and the Bill itself. Sir, hon. members are
aware that this Council has been summoned expressly
to consider this important question, and that an appeal
has been ma<:le to the constituencies on this subject
alone. When that appeal had been made, and the
members were returned, the Government considered — •
gravely considered — what appeared to be the wish of
the country, and then, without absolutely giving up
their own judgment, prepared a Bill which they fii-inly
believed would respond to the call of the country. A
Bill upon tlie same subject was, as we know, formerly
pa.ssed by the Council, and was sent back by tlic lloinc
326 The Constitutional History of South Australia.
Government. That Bill, as it appeared to the Govern-
ment, contained nearly all the principles requisite for
the establishment of a Constitution in South Aus-
tralia ; it seemed repugnant only on one point, that
relating to an Upper House. (No, no.) I am aware
there are other points to which hon. members may
allude. There is the ballot — (hear, hear) — but with
that exception — the two points mentioned — the Bill
introduced represented as fully as possible the then
feeling of the people. The present Bill, sir, seeks to
give effect to the will of the country, but there is only
one constitutional way by which we can arrive at the
will of the people, that is by the votes of their repre-
sentatives in Council, and to that arbitration we this
day submit the Bill now introduced. Sir, the Bill
which I hold in my hand contains niue different
principles, of greater or lesser importance — nine
principles which may be made the subject of nine
distinct discussions. These principles have all been
eliminated and set forth in the notice of motion ofiven
by the hon. member for the BuiTa. He has fixed upon
the points which will have to be contested in the
House, and in going through the Bill, I cannot,
perhaps, do better than follow those nine points in the
same manner as they stand on the notice paper. But
before I commence with that discussion, I will state
that the Government desire, as much as possible, to
discuss principles. They wish to avoid the discussion
of mere forms which are no essential part of the
The Constitutional History of SmifJi, Australia. 327
measure, and which may be disposed of in committee.
This mode thev believe to be the best, so that if the
Council will admit the second reading of the Bill, one
step will be gained in advance, and hon. members will
have pledged themselves to nothing but the preamble,
which simply states that it is expedient to substitute
a Parliament in place of the present Legislative
Council. Sir, that, I imagine, is all this Council will
be pledged to if they admit the second reading of the
Bill, but whilst I make this declaration I mean this —
that the Government will still suppoi't, in their
integrity, the propositions contained in their own Bill,
but the course which any individual may take is not
the slightest reason wh}' it should not now pass a
second reading. In committee, it appears to us, the
best opportunities will be aftbrded for considering
those princi[>les to which the notice of amendment
relates. When the separate clauses are discussed,
then is the time for going into those principles to
which such clauses refer ; that course, I take it,
will be both convenient and proper. I need not
justify the Go\ernment for adopting this course,
because it was incumbent upon them to be prepared
with a Bill of their own ; it must bo admitted on all
hands that it was an imr)erative duty on the part of
the Government to do so, and if they had not brought
in a measure, they Avould have been subject to the
severest censure of the House ; lion, members would
have complained that Government had not done its
328 The Constitutional History oj South AustraUa.
duty. We were compelled then, by a sense of duty,
to bring forward a Bill, and having brought this
measure forward I think it is proper and parliamen-
tary to proceed with it, and not set it aside that other
principles — or the same ones, rather — should be con-
tested in another form by the Council. I think we
may have been complained of justly if we had not
taken that course. I will once more, before enterino-
more into details, impress upon the House that I only
ask the Council to go into committee on the preamble,
and by so doing they will not preclude themselves in
the least from afterwards either amending the pro-
visions of the Bill, or adding to them, as may be
thought fit. Now the first proposition of the hon.
member for the Burra — the first, I suppose, Viecause he
considers it the most important — of which he has
given notice is, that the new Bill should provide for
Responsible Government. Sir, I agree with the hon.
member in the importance of that ijuestion, and it is
one in which the Government will go with me. That
being tiie case, I can scarcely understand why he
should move that the principle be incorporated in the
Bill — that principle is already contained in the Bill.
And lest hon. members should doubt this, I will point
out the clauses which contain this |)rinciple. (Hear,
hear.) In the 28th clause, page 7, they will find one
important provision in the appointment of public
oflices under the Government of the province hereafter
to become vacant or be created, whether such ofiices
The Const itufional History of South Australia. 329
be salaried or not. shall be vested in the Governor,
with the advice of the Executive Council. And by
clause 31 it will be seen, that the various officers
designated, who are to constitute a Ministry are com-
pletely made responsible in this way, that they must
be elected to their seats by the people. That clause
then, by specifying that the chief officers of Govern-
ment should be compelled to obtain their seats by
election, would, in conjunction with the other clause,
effectually provide for what is called Responsible
Government — that is, officers of Government having
seats in the Legislative Assembly elected by the con-
stituencies. It is also provided, in order to enable the
responsible ministers to conduct the business of the
country satistactoril}', that they may sit and speak in
either House — (laughter) — although they will vote
only in the House to which they are elected. I have
mentioned those clauses mei'ely to point out in wliat
respect this Bill ]5rovides for Responsible Government,
and in order to show that the principle is contained in
- the Bill, and can V)e fully discussed when in committee.
I shall not, however, now go into further explanation
on this point, as at present I propose simply to discuss
general ]n-inciples. The next (juestion tlie hon.
member for the Burra ]iroposes to discuss, is the
Franchise, the principle of Universal Suffrage. Sir,
he here scarcely differs at all from the Government.
The Government has introduced tlie same suffrage in
the present measure, as in tlio Parliament Bill that
o30 The Constitutional History of South Aiistraiia.
was sent home, and which was then considered fully
sufficient for the wants of the colony. The Govern-
ment believed that hon. members would hold the same
opinions on this point as they did before, and, there-
fore, the same franchise was retained, although it was
somewhat extended. Now, Sir, the qualification under
that suffrage is so low, it being extended to five pound
householders and to persons jrated to District Councils,
that it could not be made more universal unless cjiven
to persons arriving in the colony as but yesterday-
(Mr. Kingston — Six months' residence.) I come now
to the third proposition of the hon. member — The
Parliament to consist of two Chambers, both elective ;
the Upper House to consist of twelve, and the Lower
House of thirty-six members. Here again the hon.
member is not opposed to the Government, except in a
matter of seaondary importance, the number of
members for the Upper House. Sir, tlie Government
has int)-odueed into this Bill a principle different from
any contained in the former Bill — that is, they propose
to increase the number of members for the Upper
House, so as to give weight to its decisions, to impart a
solidity to it — that it may be, as intended, a check
upon liasty legislation and popular impulse — a body
whose deliberations and opinions will be respected by
the colony. The Upper House, proposed by the hon.
member for the Burra, would be a Court of Revision.
But, Sir, it should possess a substantive power in the
Legislature — a power to resist if required, and so to
The Oonstitutional History of Soiifh Australia. 331
give etfect to its decisions as to command the respect
of the country. One of the modes by which this
power is sought to be conveyed is by making the
number of its members bear a fair ratio to the Lower
House. The small number of twelve, it is thought,
will be scarcely worthy of the name of a House, but
will rather be a committee, and more open to local
influence than if the number were increased. It is
thought, sir, by increasing the number, that the House
will be less liable to undue impression, and that greater
respect will be paid to its decisions. Sir, I now come
to the fourth proposition on the notice paper. That
contains a principle diametrically opposed to the
Government Bill — a principle which we shall endeavor
to contest in every possible way in this Council. Sir,
if we were to constitute the Upper House by one
constituency, allowing the whole colony to act as one
body the effect would be that the minority would not
be represented in that House at all. The majority
M'ould return all the members to the Upper House,
and there would be no one to represent the minority
in any case. It would have the effect also of increasing
the power of towns, which is the power of capital.
All the strength of the colony would be given to the
towns an<l their suburbs. It would be a power opposed
to the agricultural and the pastoral interests, and to
those thousand improvements so necessary to the
advancement of the colony — the opening up of the
interior — tla- navigation of the Murray, for instance.
•332 The Gonstitidional Histo-nj of South Audralia.
Such would be the results. I believe, sir, that such a
proposition as that, when fully considered, will be
found so opposed to the real interests of the colony,
that very few indeed, besides the lion, member for the
Burra, will be found to support it. The next proposi-
tion refers to the election to the Lower House, and
proposes that it should be — ' By districts ; for which
purpose the colony shall be divided into Electoral
Districts, comprising as nearly as practicable equal
numbers, with power of revision from time to time.'
Sir, that is a proposition which the hon. gentleman
intends to move as an amendment, but it is so exactly
in accordance with what the Bill itself provides, that
I cannot possibly see how it is to be regarded as an
amendment. Indeed, I must vote for the hon. member
whilst the clause to which this refers is beino-
considered in committee ; there was certainly no
necessity for thus layino; down the law on the subject
beforehand. The sixth proposition I find is the
qualification of voters for both Houses. Here, too,
the Bill and the notice are identical. Why, then, is
this to be moved as an amendment ? It is precisely
the principle we have taken up. I need not dwell
upon the importance of that principle, because all in
the House approve of it. It seems to me, then, that
it would be a waste of time to contest a point upon
which all are agreed. So with the 7th proposition, 'no
property qualification for members to either House.'
That is a point upon which there is likely to be
The Constitutional History of South Australia. 333-
no opposition whatever. It seems, Sir, illiberal and
unwise to fetter the choice of the people by any sort
of qnalitication. Such a restriction is bad in practice
because it is easily evaded, and it is bad in principle
because it fetters the jmblic will. (Hear, hear.) The
best qualification a member can have is that he has
been elected by the voice of the people. Now we
arrive at the eighth amendment — " The lower House
to be elected for a period of not exceeding five years."
Sir, in ouv Bill we have proposed five years, as with
the present Council, and I think hon. members will
find the best answer to any objection that may be
raised is to be found in the fact that durino- the whole
time they have been members of the Legislature,
they have not dift'ered on any material point with
their constituencies who sent them liere, and in the
circumstance that a laroe number of the members
have now been a second time sent in by the same
districts. There is nothing then, to lead us to suppose
that if the Council had continued lon^'er it would
have been found of too great a length. This, I think,
proves that the period of five years is a very suitable
one, and those are the reasons for its axloption.
Besides, it must be apparent to all that frequent
elections arc a source of great disturbance of trade,
and unless there is a great public object to be
gained, the less frequently tliey take place the better
With regard to the ninth i)roposition. and the plan
put forward by the hon. member for the Burra to
334 The Constitutional Hiatory of South Australia.
provide for the clissolutioii of tlie Upper House, I
shall not attempt to speak against it, because the hon.
member himself is now satisfied that it is not the best
plan. His own views are considerably changed on
this point, therefore I will not oppose him here,
but will lall back upon the plan proposed by the
Government for an Upper House. It is suggested
that eighteeu members should be elected by the
general constituency — acting not as one district,
but divided into twelve districts. That is the
proposition of Government, and the division into
twelve was in order that the smaller districts mio-ht
have a voice with the larger ones, in the Upper House.
The great scheme contended for is that geographical
interest should be represented as well as numbers.
In the Government scheme, then, what we contend for
is, that in place of one constituency there should be
a division of the colou}'^ into twelve districts, not so
much on account of their population as on account of
their geographical extent. There is one more feature
in which the hon. member for the Bvnra differs with
the Government. The Government has not provided
for a dissolution of the Council ; they had endeavored
so to combine the principle of the Constitution as to
give effect to the will of the Upper House, but it was
not considered that any power of dissolution should be
allowed. It is thoui,dit that its members should be
independent both of the Governor and the responsible
ministr3^ (Hear, hear.) Otherwise the Lower House
The Constitutional History of South Australia. 335
might at any time, when a difference existed, dissolve
the Upper House. I do not fear, ni^'self, that there is
likely to be such a thing as a deadlock. I believe that
men, even as Legislative Councillors, are rea^ionable
beings — (laughter) — and I feel (|aite sure that they
would never allow a conflict of opiniou to be carried
to such an extent that nothing but revolution could
ensue. But in an extreme case, the people themselves,
I think, would soon bring about an adjustment of the
difference by a such a demonstration of opinion, that
the Lei^islature would have to ao-ree. But we ouard
against all such accidents, by renewing every four
years one- third the membei's of the Upper House.
The members of both Houses will be returned by the
same people, consequently their views will agree and
no difi'erence may be expected. At the end of four
years, then, one-third of the Upper House will retire,
and an infusion of new blood will, consequently, take
place. These new members will take into the Council
the views of the people out of doors, and by uniting
with one or other of the })arties in the House, will
give a preponderating weight in favor of the popular
will. That infusion once every four years will be
enough tlien, it is supposed, to prevent a deadlock,
and to carry on the Government of the colony without
a dissolution, which would greatly tend to destroy the
public confidence in the Upper House. I now come
to a subject not inti'oduced in the Government Bill —
the Ballot. But although this, not provided for in
336 The Constitutional History of South Australia.
the Bill, should be decided by the House to be a wise
and proper principle, an improvement upon the present
system of election, by tending to diminish expense
and rioting, then the Government are open to
conviction, and will not have considered the Bill
damaged by the introduction of that principle. Now,
Sir, I have been through all the principles contained
in the amendment of the hon. member for the Burra,
as I was obliged to do, seeing the manner in which it
was brought forward, and I have thus gone further
than I otherwise might have done. I now return to
the question with which I started — that the Bill be
read a second time — and I would impress upon the
minds of hon. members, that in assenting to this
motion they do nothing but agree to the preamble and
in no way preclude the power of the Council to amend
or add to its provisions. (Hear, hear.) I do hope,,
then, that the hon. member for the Burra will cordially
join with the Government in supporting this Bill, in
which all tlie principles, except two, are identical
with his own. (Hear, hear.) I cannot but dwell upon
this point — with the exception of Universal >Sufirage
and the election of the Upper House by one constituency
— that is, the second and fourth of his propositions — I
see no difference whatever between the Government
schen^ie and his own. I think it hardly fair, then,
that he should have attacked the Government Bill
as he has done, when, out of ten principles which it
contained, two only were opposed to his own. He^
The Constitutional History of South Australia. 337"
must see that, in committee, all those principles may
be discussed and re-discussed — that every lion, member
will have an opportunity of speaking almost as many
times as he pleases, and of arguing fully in support
of the principles which he thinks best. The hon»
gentleman concluded by moving the second reading of
the Bill.
The Colonial Secretary would, in reply, make one
or two remarks on the point argued in debate. He
had taken no notes, but would say one or two things
in reply. The hon. member for Light had said that
the Government had placed the movers of this
amenduient in a false position, and as this had been
taken up and made a matter of conversation out of
doors he (the Colonial Secretary) would say that the
hon. member was not the person who ought to have
called attention to the grievance, if any existed. The
hon. membei's for West Adelaide and the Burra were
the members who were most affected in this matter ; if
thei^e was ground of complaint, if those hon. members
had been placed in a false position, they should have
said so. Tiiey had not complained, and he could not
see what reason the hon. member for Lio-ht had for
this warm defence of them. It would be a very
strange doctrine to lay down, to say that when a
conversation had been held, such as the one referred
to, neither party is to be allowed to reconsider the
subject, whatever change of circumstance may take
place. It wouUl be absurd, and he was sure they
22
338 The Constitutional History of South Australia,
•
would not themselves have felt bound by any
communication they had made to the Government, if
a chano-e of circumstances had occurred to lead to
different consequences. He (the Colonial Secretary)
had taken the first opportunity, at one o'clock in the
day, to tell the hon. member for the Burra that the
matter was to be reconsidered, and he must consider
what course he would himself adopt. But the truth
was, the hon. member for the Burra had placed himself
in this false position. His notice of motion had been
before the House ever since the 7th of this month,
twelve clear days, during the whole of which time
he said nothing whatever on the subject to the
Government. Why did he not call a meeting earlier,
and give the Government time, so that they might
have full opportunity to consider what was the best
course to adopt. Then the hon. member would have
had no reason to complain of a false position, and some
understanding would, no doubt, have been arrived at.
He now came to the remarks of the hon. member for
West Adelaide. He had dwelt considerably upon a
point upon which I must join issue with him. He has
sought to maintain, with all the power of his eloquence,
that the Government has not met the wishes of the
people in the framing of this Bill. He has maintained,
Sir, that they have been compelled to reject a measure
containing so many features of the Government
scheme, and had stated that the wishes of the colony
have not been treated with the respect they deserved.
The Constitutional Sistory of South Australia. 339
But, Sir, it amounts to this — the Bill brought in by
the Government is far too liberal to please those hon.
members. (Oh, oh ; hear, hear.) The Government has
left nothing for those hon. members to do. That, Sir,
is the secret of the course adopted by the hon. member
for the Burra. But did the hon. mover of those
resolutions mean to say that in all the matters he had
brought forward the country had spoken out. Take
the question of the Upper House, for instance ; that
was a point on which the hon. member principally
attacked the Bill. But in what manner could he say
the Government had neglected the voice of the people
in that matter; was there anything by which the
Government could be guided on that point ? Nothino-.
He (the speaker) had looked through the papers, and
did not believe that out of all the members returned
six of them had explained themselves to their
constituencies on this subject, in the manner of
which he had spoken. On points of that nature
the Government were left to their own judgment,
and whether they had exercised that judgment in
accordance with the wishes of the people would have
to be decided by the Council, and in appealing to the
Council on this point, at all events, he felt confident
that they .should carry the question triumphantly. Sir,
it is quite evident that on the wliole of these points
the Government scheme is too much in accordance
with the sentiments of the people to please tho.se wlio
wish to set themselves up at the leaders of tlie people.
0-7
•SA
340 The Constitutional History of South Australia.
(Hear, hear.) It has now come out that there are
only two points brought forward by the hon. member
for the Burra, which are not disposed of in the
Government Bill, and which are not entirely in
keeping with the wishes of the country. The hon.
member for West Adelaide, in his speech of yesterday
in order to show his claims to be considered a leader
of the people, seems to have conjured up some horrible
phantom of his own — to have invested the Government
measure with the attributes of everything tyrannical
and oppressive— a measure, to use his own words,
which sought to forge " chains and manacles " for the
people of the colony. Now, he would like the hon.
member to point out in what way it was sought to
foroje " chains and manacles " in this Bill. Of this he
was assured.
Mr. Forster, if not out order, would beg to state
that he was not reported to have said any such words
as those now attributed to him.
The Colonial Secretary was glad the hon. member
had not imputed such wrong doings to the Government.
But if this Bill did forge " chains and manacles " for
the people it was the people's own fault, they will
have forged them for themselves. Their own wishes
had been fully considered, and those wishes would,
no doubt, be found reflected in the decisions of the
Council. He would once more reiterate a remark he
had already frequently made with regard to the Bill —
that was in agreeing to the second reading of the Bill
The Constitutional History of South Australia. 341
the Council was pledged to nothing whatever but the
preamble, and all its principles might be fully discussed
in committee. The Government would stand by the
Bill, and two of the principles brought forward by the
hon. member for the Burra, especially, they would feel
bound to resist — that was the extension of the suffrage
and the Constitution of the Upper House by the votes
of one large constituency. Those were points they
would not fail to object to, but he would not go into
details now ; there was one more point only to which
he would refer. It had been largely dwelt upon that
they had not carried out the views of the country on
the subject of responsible government. He could not
agree with this, and he would simply remark that he
knew His Excellency was .sincerely desirous of acting
in accordance with the feelinor out of doors in this
respeet, and he would assist the Council to the utmost
in their efforts to obtain so desirable an object. The
hon. gentleman concluded by moving the second
reading of tlie Bill.
The Bill was then read a second time, and Tuesday
next w'as fixed upon to go into committee on the
measure.
The proceedings in Committee of the whole House
represented the policy of the House ; but the elected
members were not of one accord. There was a Con-
servative minority amongst them who, relying upon the
Governor's expressed views and support out of doors,*
* Illnstrated by the Governor's memorandum sent to Capt. Hart.
342 The Constitutional History of South Australia.
introduced many changes into the final programme.
The Radical, or rather Liberal members, carried several
useful additions to the Bill, which rendered Responsible
Government more secure. The}'- carried the principle
of universal suffrage and vote by ballot, as regarded
the suffrage for the Lower House. They provided
fully, as they thought, for the power of the purse in
that House. They excluded the judges and ministers
of religion from seats in either House, and in exchange
for these results permitted the Upper House to become
a fixture in the land, intrenching it against the
power of the Governor by protecting it against a
dissolution. They made the Upper House, too, the
representative of capital by limiting the electors for
that House to men holding a property qualification, and
they permitted the power of the towns to rule all
elections to that House by making the whole colony
into one electoral district, within which the votes of a
property suffrage returned the whole eighteen members
as one body. The result showed itself in later years
in this — that the upper House never opposed them-
selves to any expenditure that tended to enhance the
value of property by road communications, bridges,
railways, telegraphs, post-offices, and land regulations,
for the sale and leasing of public lands. But they
were careful to protect property whenever any
taxation Bill was proposed, aud whilst profiting
largely by the value of the unearned incre-
ment — to use a term lately invented by political
The Constitutional History of South Atistralia. 343
economists — they held their citadel to the last
extremit}' against taxation of property. It was
impossible that indirect taxation through the Customs
could continue to meet the interest and re]3ayment of
loans, without which no great public undertakings
could have been carried out, even assisted by the land
fund, which would necessarily^ diminish with the .sale
and occupation of the country suitable for agriculture
and pasturage. In after times the crisis came, and a
reform of the Upper House was effected on two points.
The separation of the colony into electoral divisions
for the Upper House was enacted ; and to remedy, if
possible, the danger of a future dead-lock the Upper
House was rendered partially liable to dissolution
under certain conditions. Sir Richard MacDonnell
would, perhaps, have exultingly pleaded justification
for his one-chamber policy if he had lived to witness
these results of the LcQ-islation of 185G. But I have
travelled away from the proceedings of the Legislative
Council of 1855, and the policy of Sir Richard Mac-
Donnell. He was sometimes displeased to find that
the measures and policy of his administration were
commented on by the Press, as his policy, and not
that of the Government, whose advice he received,
but whose consent was not always sought ])y him;
and this was even illustrated in the Constitution Bill,
which lie directed to be laid before the Legislative
Council in 1855. In the 28th clause a very insufficient
adjunct to Responsible Government was omitted when
^-{•i-1 The Constitutional History of South Australia.
it provided that tlie appointment of public officers
under the Government of the province, hereafter to
become vacant, or be created, should be vested in the
Governor w'ltJi the advice of the Executive Council.
The consent of the Executive Council was not felt to
be an important principle, except hy those wh.o had
acted in the capacity of Executive Councillors in a
Croiun colony.
The year 1855 closed, the most important business
having been the appointment of the Estimates Com-
mittee, as it was called, obtained on the motion of Mr.
John Baker, " to take into consideration the Estimates,
with power to call for papers, persons, and reports."
It was elected on November 13th, and was ordered to
report from time to time. The members appointed by
the usual mode of election consisted of the Colonial
Secretary (Mr. B. T. Finniss), Mr. Foster, Mr. Young-
husband, Mr. Kingston, Mr. Reynolds, Mr. Button, and
Mr. John Baker (mover). The Constitution Bill with its
various amendments moved on amid much debating,
until it was finally settled in the form in which it
became law on October 24th, 185G. The Advocate-
Oeneral (Mr. R. D. Hanson) shaped the various
amendments and proposals of the House in such a
form as to give them full legal effect, especiall}^ as to
every clause intended to give full effect to Responsible
Government, in which he and the Colonial Secretary
were of one accord. The Governor took the liveliest
interest in the proceedings of the Estimates Committee
The Constitutional History of Soidh Australia. 345
as well as in all the discussions on tlie Constitution
Bill, whilst before the House. Thus on November
IGth, three days after the appointment of the
Estimates Committee, he informed me in a note : —
" 1. I think it would be convenient that 1 should see
all returns intended to be laid before the Legislature
previous to their transmission. It is possible that in
some C8,ses there may exist in the Governor's Office
information which would be desirable to add to that
in the Colonial Secretary's Office and form some of the
documents about to bo laid on the table to-day, I see
there are several misprints. 2. I should wish, with
a view to making the information on everj^ subject
connected with this Government as full and as explicit
as possible, to be consulted as to the form of returns
which, it may be desirable to lay before the Legislature,
when of an unusual character as in tlie case of the
returns of the services required from the Government
officers employed by the various departments. 3. It
is necessary that I should be, from day to day, made
aware of the progress made by the Select Committee
on the estimates, as I consider their deliberations must
involve matter of primary importance to the colony
and Government. It is, therefore, desirable that I
.should sec you every day, cither l>efore or after the
sitting of the Legislature. When not in my office
here I am generally to be found at the Government
Offices. (Signed) R. G. M'D." The Estimates Committee
had ^h-. Finniss under clo.se examination at this time.
34(J Tlie Constitutional History of South Australia.
and also the heads of tlie chief departments, with a
view to endeavor to reduce the strength of the numl^er
of subordinates, and otherwise ascertain the nature of
their duties in furtherance of economy in the public
expenditure as regarded the establishments of the
Civil Service. It was difficult, and at times impossible,
to comply with these commands of the Governor,
which furnished him with the occasion to communicate
his displeasure to Mr. R R. Torrens, the Treasurer,
who informed the Colonial Secretary, on his way to
his office after a sitting in the House, that his official
position was in considerable peril as he had gathered
from the Governor in conversation. The Colonial
Secretary informed Mr. Torrens, in reply, that his
health was already giving way under overwork, and
that his non-attendance on the Governor was due to
that and not from any inattention to His Excellency's
commands. The next day after the successful carrying
of the second reading of the Constitution Bill, the
Colonial Secretary received another communication
from Sir Richard MacDonnell, as follows : — " As I did
not perceive in the reports of yesterday's debates* (at
least as given in the Times of to-day) that there had
been any distinct announcement of the intention of
Government to refuse charge of any Bill embodying
Universal Suffi^a^-e or one electoral district for the
Upper House, As I think this determination, if it
* This note is without date, but it must have been written on
November 21st, 1855, the day after the debate on the second reading.
Tlie Constitutional History of South Australia. 347
is to be made use of, should be known as early as
possible. I think it right to tell you that I have sent
the memorandum to Captain Hart with a request that he
would use it for the information of gentlemen inclined
to support the Government views, and also, more
especially, to give clear information as to the reasons
for supporting the Government electoral divisions
for the Upper House. Faithfully yours (signed),
R. G. M'D." Amongst my papers I find this note with
the following minute on it, written by the Colonial
Secretary on its receipt. " My impression of any
determination at this date is as follows : — That I was
to proceed with the second reading at all risks,
without holding over the members any threat of the
withdrawal of the Bill. I know nothing of the
memorandum alluded to beyond hearing it read in
the presence of the Executive Council, after which
the Governor stated that it contained his views put
forward only for discussion. I objected distinctly to
come to any decision as to the course to be adopted
contingent upon the day's debate. Therefore I was
not aware of any determination, except in the
Governor's mind, to refuse charge of any Bill whatever.
At six o'clock the previous evening the Governor had
said he intended to send his memorandum, with
additions for the expression thereon of the opinions of
the Executive Council. (Signed) B. T. F."
A nicmorandum stating the course intendol to be
taken by the Government had evidently been for-
348 The Constihdional History of South Australia.
warded to Mr. John Hart by the Governor previous to
November 22nd, and as it would seem before the
second reading of the Bill. There had been a meeting
of the Executive Council on the 19 th, the day before
the second reading was to be moved, at which the
Governor read a memorandum of his own relative to
the views he held and wished to impress upon the
members of the Government on the occasion of this
meeting, I find the following minute, written by the
Colonial Secretary : — "Copy of remarks appended by
Colonial Secretarv to minutes of Executive Council
of November 19th, 1855. With respect to the memo-
randum herein alluded to, as annexed, it does not
accompany these papers,* and having heard it read
when there was no time for discussion, as the business
of the Executive was more immediately and necessarily
confined to the consideration of the course to be
taken on Air. Kingston's request to be permitted by
the Government to discuss in the Legislative Council
the resolutions, of which he had given notice before
the motion for the third reading of the Government
Bill was brouo'ht on, it had better be referred to the
members of the Executive Council for the expression
of their opinion thereon, if the Governor desires to
hear their opinion on that question. (Signed) B. T.
FiNNiss, Colonial Secretary, November 24th, 1855."
* The papers? on which the Governor wished the advice of the
Executive Council appear to have been sent round to members by the
■clerk.
The Constitutional History of SonfJi Australia. 349'
The memorandum of the Governor had been hastily
read in Executive Council on the 19th, but no opinion
had been taken on the question it involved, whatever
that may have been. But jn-obabilities seem to point
to the view that it was intended as an instruction to
the Government, and that this was the memorandum
alluded to in his note of November 21st, 1855, to the
Colonial Secretary, as having been sent to Captain
Hart with a request that he luould use it for the
information of (jentlemeii inclined to support the
Government vieius. I have quoted the notice of
motion given by Mr. Kingston as it appeared on the
notice paper of the Legislative Council, on November
20th, 1855 (Tuesday), and in the margin of the printed
copy in my possession there appear to be notes under
the Colonial Secretarv's own hand of the course which
he was to follow in the discussion, as agreed to by the
Government. These notes were as follows : — " Mr.
Kingston's first proposition to be supported ; the
second to be met by a negative ; the third by moving-
the previous question ; the fourth by a negative ; the
fifth to be supported ; the sixth to be supported ; the
seventh to be supported ; the eighth to be supported .
the ninth to be met by the previous question ; the
tenth to be supported." Tn the first printed notice
.supplied to tlie Government the first proposition of
Mr. Kingston was much more fully stated. It was in
these terms : — 1. Responsible Government : the Execu-
tive Council or Ministry/ to consist of si.r persons
350 The Constitutional History of South Australia.
selected from the members of the Legislature or Parlia-
ment (not less than four of whom shall have seats in
the Loiver House), and who shall continue to hold their
seats after having accepted office in the Executive
Council or Ministry until the next general election,
and who inay he removed from office by a vote of the
Legislature. All 'money Bills to be originated by
the Government in the Loiuer House. Before the
discussion on the motion for the second reading, the
Government were thus made aware of the views of
the Liberal party on the subject of Responsible
Government, and they knew from exj^erience that
these views would be engrafted in this Bill in com-
mittee in the face of all opposition. The Bill was
moved into committee of the whole House on Novem-
ber 27th, and it was then that the real conflict of
parties began. Some members of the House had the
/'ear of the Governor," as the following memorandum
will show, and as the Governor's note of the 21st to
his Colonial Secretary will confirm. I find amongst
my papers the following memorandum, in the hand-
writing of Mr. G. de la P. Beresford : — " Proposed by
Sir R G. MacDonnell. Hanson. — That the Govern-
ment declines having any official responsibility in
connexion with any measure whatever which affirms
the principle of throwing the colony into one electoral
district for the Upper House, or so dividing it as to
deprive the remote country constituencies of the
protection which nothing but adequate representation
Tlie Constitutional History of South Australia. 351
in the Upper House would afford them. The Govern-
ment also declines having any official responsibility in
connection with a measure introducing universal
suffrage. (Signed) E.ICHARD Graves MacDoxxell,
November 2Gth, 1855. True copy. (Signed) George
D. P. Beresford, Private Secretary."
In a minute written by the Colonial Secretary at
the time, on the face of this memorandum, I find noted
as follows : — " It in no use making this statement to
rally the Government members, as they have declared
agahist us, Baker-Angus — There is, in fact, a
coalition of most of the elected members; the only
exceptions cere Hughes and Wcdts." At this period of
his rule Sir Richard MacDonnell had not abandoned
the role of the Governor of a Crown Colony. Instead
of seekiuij to ascertain the wishes of the colonists as
to the form to be given to the Constitution, which
seems to have been the object of the Secretary of
State, he endeavored to shape public opinion in the
constituencies into conformity with his own views,
and when his scheme of one Chamber was written
down by the press he endeavored to guide the
community to accept the system of Tasmania, which,
if carried into effect by the Legislative Council in the
shape in which he caused it to be placed before the
Council, would have left us without those safeguards
which are necessary to self-government and have left
him supreme in the Executive Council, It will be
seen by referring to the speech of the Colonial
o52 The Constitutional History of South Australia.
Secretary on the 20tli, when he moved the second
reading of the Constitution Bill, that he endeavored to
give effect to the instructions of the Governor in the
memorandum addressed to Mr, Hanson, and also to
the views of the Government as noted by him in
the margin of the notice paper of November 20th. I
have no means of ascertaining from any papers in
my possession what were the precise terms of the
Govei-nor's memorandum which he sent to Captain
Hart to be communicated to other members inclined
to support the Government. It could not be the
memorandum of the 26th, certified by Mr. Beresford,
but may have been the memorandum which the
Governor read in the Executive Council on the 19th.
However this may be it was clear that the Governor
was in communication with members of the Lesfislative
Council as to the instructions which he had given to
the Executive Government on the questions involved
in Mr. Kingston's notices of motions, and that he was
using his influence out of the House to forward his
own Conservative views — a course which could not
fail to embarrass his Government in the House, whose
aim was that of conciliation, knowing as they did that
a majority of the elected members were determined to
engraft upon the Government Bill all the amendments
necessary to establish Responsible Government in the
complete form in which they understood it, and that
on this vital question the electors throughout the
colony were ready to support them. The Governor
The Constitutional History of South Australia. 353
knew, also, the liberal views of the two, at least, of
his Executive Councillors communicated in frequent
conversations and papers. They were giving him, as
in duty bound, such assistance as he could requu-e
without doing violence to their convictions, and this,
too, was known beyond the precincts of the Council
Chamber. The Governor's opinions were well known
to all, and the " stand " he was making, to use a term
of his own (against what ?), was highly unfavorable
to his popularity. This accounts for the jealousy with
which the Legislative Council tied up the power of
the Governor, and for the relentless opposition which
his Government encountered all throuoh the session
of 18o5-G. The Conservatives, to use a term not
previously known in South Australia, shared with
him their fears of a dominant democracy, but they
thought they could guide or rule democracy more
easily than they could control a despotic Governor
with Downing-street in reserve. There was a vast
future before the colony with an increasing revenue,
and the Conservatives, as well as the liberals, were no
longer satisfied to leave that future to be developed by
irresponsible governors. Hence, when the issue was :
should the colonists at large be free to govern
themselves or continue to recognise a power outside
the colony whicli they were lawfully constrained to
obey, they preferred the possibility of a despotism
witliin, which they could subvert, to a despotism
without which was irresistible. However, the
2:j
354 Tlte Constihitional History of South Australia.
Constitution Bill passed through a severe ordeal, and
was finally carried through the last stage; its third
reading on January 2nd, 1856, and was reserved on
January 4th for Her Majesty's assent. The Legislative
Council had now leisure to attend to the Estimates,
which, as I have stated, had been referred to a select
committee. Mr, John Baker, Chairman of the Select
Committee, brought up their first report, together
with the second report, on January 22nd, 1856. On
February 5th the third report was presented to the
Council, and on March 18th the fourth report appeared.
On May 1st Mr. Baker produced the fifth and final
report of the special committee, and moved, pursuant
to notice — " That the reports of the select committee,
together with the evidence, be transmitted to His
Excellency the Governor, accompanied by an address
requesting His Excellency will be pleased to lay
before the Legislative Council revised estimates in the
place of those referred to the Select Committee." This
motion was put, and passed the House,
The year 1855 had passed away; and the financial
measures of the Government during the year, involving
Amended and Supplementaiy Estimates of the Ordi-
nary Revenue and Expenditure, and of the Land Fund
Revenue and Expenditure, had not been formally
affirmed by the passing of an Appropriation Act. Nor
had the Estimates providing for the expenditure of
the year 1856 been even considered. The Government,
therefore, was carried on by votes of credit. This
The Gonstitutional Histonj of South Australia. 355
apparent stoppage of the supplies was not intended to
be regarded as such ; it was merely owing to the mass
of work which the special committee had undertaken,
and which extended not only to the examination of
the Public Accounts, but also to an enquiry into the
financial condition of the colony generally, for which
latter purpose the managers of the banks were sum-
moned to appear and were examined. To some ques-
tions they objected to reply, as the evidence sought
was of too inquisitorial a nature. It may easily be
inferred that the Government officers were dealt with
in a similar spirit. But the committee knew that the
House had passed the Constitution Bill in which
Responsible Government was fully secured ; they felt
that the Colonial Government was in a transition state,
and would soon pass into other hands ; and they
moreover knew their own power. In the first report
they explained that, owing to the delay they expe-
rienced in procuring the necessary documents upon
which to base tlieir report, and from the further delay
and inconvenience occasioned by the loss of time
Vjetween taking evidence and receiving revised printed
copies, the committee were necessarily compelled to
put off their first report till a period when it would
have been too late to dispose of the Supplementary
E.stimates before the Christmas recess. This bears out
the remark I made, that tlie delay in passing the usual
Appropriation Acts was not due to any intention of
stopping tlic supplies. One maxim of good govern-
23 a
35(3 Tlie Constitutional History of South Australia.
ment I shall quote as applicable to all times, viz. : —
" That public expenditure should he kept xvithin the
suTii voted by the Legislature, and that Supplementary
Estimates are justifiable only in cases of urgent and
unlooked-for emergencies ivhich, from the nature of
circumstances, could not have been foreseen or provided
for." The first report had reference solely to the
Supplementary Estimates of 1855, which the com-
mittee rigidly scrutinised. In coming to a conclusion
with respect to these Estimates, the committee pre-
pared a revised estimate of their own, rendered neces-
sary by the fact that the Estimates of Ways and
Means in the oriofinal Estimate was not realised. The
reductions of the committee in the expenditure were
effected by operating on the unexpended votes of 1854
and 1855, involving amongst other items the sum of
£8,120 16s. saving on the North Arm-road ; premiums
to overland steamers not then claimable, £12,000 ; and
the military vote of £12,000, no longer required since
the Russian war, which had given occasion for it, had
been concluded. Yet still the committee stated a debit
balance of £8,081 10s, in their own revised Estimates.
In the examination of the Estimates of 1855 the
committee had the advantage of dealing with ascer-
tained facts rather than with mere estimates by delay-
ing their first report till January 22nd, or nearly a
month after the publication of the official returns of
actual receipt and expenditure. It was pointed out by
the Colonial Secretary, whose duty it had been to
The Constitutional History of South Australia. 357
prepare the original Estimates, in his evidence on
which the committee based their third report of later
date, that further reductions might be made when
certain claims against the Government were paid.
And the committee found and stated in their third
report that, now having the later experience of the
accounts up to February oth, 1856, the debit
balance with which they had assumed the year 1856
would commence had become changed into a credit
balance brought over from the year 1855 of £16,752
10s., in place of a deficiency of £8,081 10s. The third
report also contained a recommendation which bore
the character of a censure of the Governor in respect
of unauthorised expenditure at his instance.- The
committee report : — " Without expressing any con-
clusive opinion upon the evidence of Captain Douglas
(naval officer and harhour-master) regarding the
usefulness of the ' Blanche ' the necessity for building
or economy of keeping Iter, your committee re-
commend, the disalloiuance of the vote, as an expres-
sion of the feeling of your Honorable House upon
tJce question of unauthorised, expenditure." The
committee based this paragraph of their report on
the evidence of Captain Douglas, the harbor master,
who had informed the connnittee that tlie Blanche
had been built in August, 1855, by the order of the
Governor, given through him, at an estimated cost of
about £500.* This was an illustration of the mode in
♦ See minuteg of Evidence, p. 127 of Reports, questions 2750, 27.51,
2752, 275.3, 2754.
358 The Constitutional History of South Australia.
which the Legislative Council had intended to work the
83rd clause of the Constitution Ac(., which provides
that " No officer of the Government shall he hound
to ohey any order of the Governor involving any
expenditure of public money ; nor shall any luarrant
for the payment of iiioney, or any appointment to, or
dismissal from office, he valid, except as herein pro-
videdy, unless such order, luarrant, appointr)%ent, or
dismissal shall he signed hy the Governor, and counter,
signed hy the Chief Secretary." This recommendation
in the third report of the special committee was not
acted upon, as I find that in the Revised Estimates of
1856, which passed the Legislative Council, and was
affirmed in the Appropriation Act, the vote of £500
for the purchase of tender for Yatala is included. In
their final repoi^t tlie committee recommended the
appointment of a paid commission, to consist of three
competent persons to examine into and report upon the
manner in which the public accounts of the province
are kept, with a view to suggest any alteration in the
system by which greater simplicity and more perfect
public information may be combined, with a complete
check and audit. In the foregoing remarks I have
consulted the original reports, as printed in 1856, and
in making this the conclusion of the present chapter,
I cannot omit to point out " the feeling " which
evidently governed the proceedings of the select com-
mittee of the Legislative Council, appointed on
November 13th, 1855 ; a feeling indicative of mistrust
The Constitutional History of South Australia. 359
of the then Government, and of a disposition to use
all the power which the elected members possessed to
limit the prerogative of the Governor, and to decry
the system under which the Government of the colony
had been conducted. The result in later times did not
serve to bear out the opinions of the Estimates com-
mittee, when the same men became leaders of the
Parliament or members of ministries. That the colony
has made Jarge strides in the knowledgfe of the art of
government, and in material progress, I intend to show
in a future chapter, by comparing the statistical
records of the colony in 1857, the year of the inaugu-
ration of Responsible Government, with those of
1883. The result of the work of the Estimates
committee was the passing of the Estimates and
Appropriation Acts for 1855 and 1856, after lengthy
discussions, and the appointment on May 15th, 185G,
in compliance with an address of the Legislative
Council of a commission " to examine into and report
A.
upon the manner in which the public accounts of the
colony are kept." The gentlemen appointed by the
Governor to act on this commission were Mr. Samuel
Tomkinson, Mr. W. H. Maturin, Assistant Com-
mLssary-General, and Mr. Henry Ayers, now Sir
Henry Ayers, K.C.M.G., in acknowledgement by the
home Government of his services in connection with
the overland telegraph to Europe through Port
Darwin, whilst holding the office of Chief Secretary of
the province. This commission concluded their report
360 Tlie Constitutional History of South Australia.
on October 24th, 1856, on the very day of the Procla-
mation of the Constitution Act, which had then
been assented to by Her Majesty. After a searching
enquiry the Commissioners, in concluding their report,
add, that they have to express their thanks to the
officers of the various establishments from whom they
have had every assistance in prosecuting their enquiries,
especially to the Auditor-General (Captain W. L,
O'Halloran), without whose willing aid they could not
have made themselves fully acquainted with the
numerous subjects requiring attention, and to whom,
as well as Major Warburton and Mr. Thrupp, late of
the A.udit Office, they were indebted for many valuable
suggestions.
CHAPTER IX.
Continuation of the rule of Sir Eichard Graves MacDonnell. C.B.,
from the framing of the New Constitution until the close of its
first session — The Governor makes strenuous efforts to maintain
his prerogatives as Governor of a Crown Colony — The old
Legislative Council holds its final session — He passes Acts to
make provision for a monthly mail communication with England ;
for the water supply and drainage of the City— Pushes on raiiwa3'S
— Appoints the first Ministry, consisting of the former official mem-
bers — Endeavors to promote his own policy — His correspondence
with the Chief Secretary — His popular manner gains him friends —
He differs from his Ministers on the Murray Customs question
and on the postal question — Censures his responsible advisers in
despatches ; they protest — The Chief Secretary introduces a Bill
into Parliament to give effect to the new contract with the E. & A.
Mail Company for twelve months — Bill shelved in the Assembly —
Bill for Postal Service ultimately passed under a new Adminis-
tration, by which South Australia became a part3' to the contract
from November loth, 1857, for one year, pending negotiations.
"TTT^HEN a chapter is brought to a close it by
^ ^ no means follows that the subject has been
exhausted. The writer is content to have arrived at a
station on the line where he may rest and arrange
his material for a fresh start, and, perchance, take a
retrospective glance at his remarks and conclusions.
In concluding the last chapter I did so, not from any
idea that I might begin a new phase in the narrative
of the political careei- of Sir Richard MacDonnell, but
because the subject began to lose interest from its
great length ; and I found it was in vain to expect
to brinf; the career of Sir Richard MacDonnell as the
362 Tlie Constitutional History uf South Australia.
Governor of a Crown Colony to an immediate close
when so much additional matter remained to be
recorded. The proceedings of the Legislative Council
had terminated, as regarded the new Constitution,
early in the month of January; and a struggle between
the Governor and the House had commenced, the
result of which it was easy to foresee. The Governor
was pitted against the Estimates Committee, to use the
language of the daily press, although that expression
was so displeasing to him that he directed the Colonial
Secretary to correct the impression, by assuring the
House that the members of the Government had their
full share of responsibility along with the Governor.
It was a usual course of action with Sir Richard, to
claim all power for himself with the credit of success,
and to call in the aid of* his official advisers in case of
failure, though their consent to his measures was not
deemed needful, or heeded, in the impetuosity of his
energetic impulses. The powers of Government were
in a transition state ; and had the Governor been a man
of a different character he would have acted under that
persuasion, and have taken the elective members into
his confidence openly and legitimately, and thus have
softened the asperity of the conflict in which he
engaged by a conciliatory toning down of his existing
prerogative rights. His continual intervention in
matters before the Legislative Council, as though he
were still its President, rendered the position of
his first ministry difficult and precarious, since the
The Constitutional History of South Australia. 363
penumbra, if not the dark shadoAv, of nomineeism
attached itself more or less to their course of action,
when the elections of the Parliament beino- concluded
they were fellow sharers with other members in all
the consequences of Responsible Government. This
will be apparent when I reach that stage in the
history of Responsible Government at which all real
power had passed from the Crown to the people, and
it became incumbent on the Governor to recos^nise
the fact and loyally assume the position of reigning
instead of ruling.
The Colonial Ministry were somewhat in the position
of the ImiDcrial Ministry succeeding others of a
different party, whose polic}^ they disapproved and
which it becomes their duty to shape in accordance
with their views of public opinion with as little
inconvenience and injury to public interests as
possible. Sir Richard MacDonnell was bent upon
stamping his image upon every measure whicli marked
his policy during his career of power; and the success
of the first Ministry was much obstructed by having
to shape their administrative acts so as to modify his
previous action in matters which the public out of
doors, as well as their representatives in the Houses of
Parliament, were not prepared to affirm. Besides this
difficulty Sir Richard added another. He was always
ready and energetic in his efforts to direct the policy
of his responsible officials in accordance with his own
previously expressed views, botli by his correspondence
36J- The Constitutional History of South Australia.
with the Secretary of State and with the other
Australian Governments, which it required the utmost
vigilance of his Ministry to modify and regulate.
Behind the scenes there was still the Governor of a
Crown Colony, and there was thus a continual struo-o-le
between him and his Constitutional Executive Council,
which the public were kept in ignorance of as they
are now with respect to differences of opinion in
Cabinet meetings. The records of the Executive
Council and the despatch books of the Governor must
be ransacked to show all that passed behind the
scenes in 1856 and 1857. Various maxims of
Constitutional Government would be brought to light
for the information and instruction of South Australian
statesmen, some of which I have endeavored to
make public in this history through various written
documents and notes which, in the course of my
political activity, I found it necessary to collect,
although afforded no opportunity of making use of
them. I use them now in the interests of Constitutional
Government at a time when the incidents to which
they relate can have no effect on party politics or upon
the susceptibilities of the individuals who had a
share in administering the political affairs of the
Province. A generation has passed away since those
papers were written, and with it all recollection of the
asperities and demands of party warfare. History
would be but a bare record of public occurrences,
such as may be read in any useful almanac or book
The Constitutional History of South Anstralia. 365
of annals, unless some writers imdei'took to lift the
curtain and show the chai'acters and acts of public
men a.s they would appear if divested of their stage
costume. A writer of history, especially too, must
be expected to draw conclusions from the mass of
material before him, under the safeguard always that
his matei-ials are genuine and reliable. In all that I
am writing I have the authority of written documents
or printed public records. And in order that such
authorities may not be lost in the future I have,
perhaps it may be said, encumbered the text of
my narrative with copies or quotations verifiable, if
necessary, for which ])urpose I propose to preserve the
original documents themselves as for a.s they consist
of manuscripts.
The Legislative Council, the names of whose mem-
bers I have given in a preceding chapter, had exercised
functions similar to those which devolved on the
Parliament which effected the Revolution of 1G88 in
England. They had, using the powers placed within
their reach by an Act of the Imperial Parliament,
passed in the session held in the thirteenth and four-
teenth years of the reign of Queen Victoria, limited the
prerogatives of the Governor of a Crown Colony, and
established a Constitution in which the rights of the
people through their representatives and Responsible
Government were thenceforwar«l to be paramount.
The will of one man representing the Imperial Crown
was to be .subservient to the will of the people as a
366 The Constitutional History of South Australia.
whole. And in this exercise of legislative power the
peoj:ile of South Australia were assured and protected
by the assent of Her Majesty to their Bill of January
2nd, 1856, which was proclaimed by Sir Richard
MacDonnell on the very day of its receipt in the pro-
vince — October 24th, 185G. The Legislativ^e Council,
or, as it may be aptly called, the Constituent Assembly,
continued in session from November 1st, 1855, to June
19th, 1856, having the day previous to the prorogation
passed the Appropriation Act for that year. The same
Legislative Council met again on November 11th, in a
second and final session, to prepare its successor to
enter upon its functions, having accomplished its own
dissolution by enacting, in the 42nd clause of the
Constitution Act, that its powers and existence were
to continue and exist only until the issue of the first
writs for the election of members of the Parliament
which had now been officially proclaimed to take its
place. During a short session, extending only to
December 11th, this Council passed eight Bills, one of
them making provision for the financial administration
of the Government during the ensuing year, 1857, and
another providing for the election of members to serve
in the Parliament of South Australia. Sir Richard
MacDonnell had in the meantime not been inattentive
to the social and material progress of the colony. He
presented to the Legislature and obtained their sanc-
tion, on March 5th, 1856, to " An Act to regulate the
Collection and Distribution of Duties upon goods
The Oonstitutional History of South Australia. 367
passed into the neighbouring- colonies by war of the
River Murray." He passed an Act to make pro^dsion
for a monthly mail communication with Great Britain.
He established and incorporated the South Australian
Institute, a measure the great utility of which must be
acknowledcfed as an instalment of a measure of edu-
cation for the benefit of the adult classes. He intro-
duced and passed an Act for the water suppl}' and
drainage of the City of Adelaide. He passed what is
known as the Limited Liability Act, providing for the
registration of joint stock companies, and for limiting
the liability of the members. He provided for the
amendment of the Main Roads Act, and for the exten-
sion of the railway system to Gawler Town ; works
which, although sanctioned during the rule of his pre-
decessor, had not proceeded to completion, but were
now strenuously pushed forward. As a Governor, too,
he had been active in making himself acquainted with
the geography and resources of the province, having
travelled during three months in one year over the
Northern and South-Eastern districts, and made a
voyage up the River MuiTay as far as Albury, in New
South Wales. His policy in regard to his prerogative
as Governor, I shall proceed to give an account of,
taking up my position from October, I80C, when liis
powers became limited by the 0]jeration of Responsible
Government. As soon as the despatch arrived in the
colony conveying the assent of Her Majesty to tlie
Constitution Act passed on January 2nd, 18.30, Sir
368 The Constitutional History of South Australia.
Richard gave it publicity in a proclamation which
brought the Act into inunediate operation. He then
proceeded forthwith to appoint his Ministry. The first
step was to summon Mr. Finniss and question him on
the conditions which would enable him (the Governor)
to act with him. The chief condition which he was
desirous of imposing upon his new advisers was with
reference to a railway or tramway to connect the
Port of Adelaide with the River Murray at a new
station named Blanchetown. His predilections were
strongly in favor of such a measure ; and the tramway
system was most in favor with him, as it was with
the Conservative party in the colony, headed by Mr.
John Baker and supported by Mr. Thomas Reynolds,
subsequently known as " the Honorable " Thomas
Reynolds, which personal title for life was then about
to be introduced by Her Majesty in recognition of the
services of those who might hold a ministerial office for
three or more years. The Imperial Order of St. Michael
and St. George had not then been instituted.
Sir Richard MacDonnell pressed Mr. Finniss very
much to undertake his favorite railway connection
with the River Murray, when Mr. Finniss assured him
that he could never commit himself to a system of
tramways for main trunk lines of communication,
whilst he was sure from his knowledge of the strength
of parties in the Legislature that he would fail in any
measure to extend our railway system, at that time, in
the direction he indicated. His Excellency added that
The Constitutional History of South Australia. SQ9
he was about to offer Mr. Finniss the post of Chief
Secretary, but his resolve would be contingent on his
adopting that polic3\ To this Mr. Finniss replied
that under no conditions could he undertake to
surrender his judgment on that particular point. He
then said : '• Well, Mr. Finniss, I will appoint you as
chief of the fii'st Ministry, and I must associate you
in that capacity with your old colleagues in the
Executive Council, as only fair to them and as most
judicious under all circumstances." To enter upon the
new duties wdth entirely new men, untrained in
departmental administration, Mr. Finniss felt would
lead to much direct inconvenience. He therefore
considered Sir Richard's proposal a reasonable one,,
and forthwith accepted the post of Chief Secretary
in the first Responsible Ministr}'' of South Australia.
The Legislature still consisting of the old pattern
Legislative Council was not then in session, having
been prorogued on June l!)th, and it did not meet
again until November 11th of that year. The
Parliament was incomplete as a legislative body until
the i-eturn of the writs for the election of members to
both Houses. The writs were issued on February 2nd,
1857, and on the returns being completed the first
Parliament of South Australia was summoned to meet
on A])ril 22nd, 1<S;"37 ; a memorable event which, in the
future, will no doubt be recoi'ded as well as the day of
the fir.>,t proclamation of South Australia on December
28tli, 1<S:3(J. In six months, nearly, the functions of
24
370 The Constitutional History of South Australia.
the new Parliament wei-e in abeyance, and the old
Legislative Council sat for one month only in second
and final session, being prorogued on December 11th
and ceasing to exist on February 2nd, 1857, in virtue
of a special clause in the Constitution Act. During
the loner interval before the meeting of Parliament the
chief concern of the Government was to arrange the
public business so as to apportion the control of the
several Ministers over the departments in accordance
with the intentions of the Legislature, who, in naming
the designations of the responsible ministers, indicated
their charge of special departments. This was a matter
of simple arrangement. But it was not so easy to
draw the line between the functions of the Ministry
and the powers of the Governor. Sir Richard
MacDonnell, as 1 have said, endeavored, during his
unlimited authority in administration, to set his stamp
upon all measures; and he strenuously maintained
that the working of the policy thus initiated should
not be disturbed. He was tenacious in the extreme
on this point, and consequently many discussions arose
between him and his Government which frequently
took the form of written communications and papers
submitted to the decision of the Executive Council.
It should be stated here that the Executive Council,
originally constituted under the royal instructions,
consisted of three principal officers — the Colonial
Secretary, the Advocate-General, and the Surveyor-
General. A fourth member was added on November
The Constitutional History of South Australia. 371
l!)th, 1855, in the person of Mr. R. R. Torrens, who
was sworn in as Treasurer. These were the four
officers who were appointed members of the first
Ministry on October 2-ith, 1856. To these were
afterwards added Mr. Charles Bonney as Commissioner
of Crown Lands, and Mr. Samuel (now Sir Samuel)
Davenport as Commissioner of Public Works, who
succeeded the Surveyor-General, Arthur H. Freeling,
R.E., in that ministerial office. Captain Freeling, still
Surveyor-General, and elected to the Upper House on
March 9th, 1857, resigned his ministerial office of
Commissioner of Public Works in favor of Mr. Daven-
port. There were thus five ministers, as required in
the Constitution Act. Their names and titles were as
follows : — Chief Secretary, Boyle Travers Finniss ;
Attorney-General, Richard Davies Hanson ; Treasurer,
Robert Richard Torrens ; Commissioner of Lands and
Immigration, Charles Bonney ; Commissioner of Public
Works, Samuel Davenport. The first Ministry looked
on themselves especially as the assertors and main-
tainors of Parliamentary privileges, and as the
guardians of the popular rights of self-government.
In order to ex|)lain the relations between them and
the Governor, whose confidence they were assumed to
possess — since Sir Richard had the choice before him
of many men of ability and influence, and the Consti-
tution gave him full power to select and appoint his
own ministry. 1 must revert to occurrences early in
the year 185G, before the establislimeiit of Responsible
at A
372 The Constitutional History of South Australia.
Government, and while it was daily expected to become
law, to give some indication of the course followed by
Sir Richard MacDonnell in adjusting his relations with
an Executive Council, whose consent as well as advice
was necessary to complete all the important measures
of Government. Thus in May, 1856, he sent me, as
Colonial Secretary, two letters dated the 13th and 31st
respectively, when self-government might be said to
be pending. I have already quoted his letter of May
31st, and the reader should refer back to it, as bearing
upon the Governor's views of his duty at such a time.
The note of May 13th was in these words, viz : —
"My dear Sir — As possibly I may find myself unable to go to the
ofSees to-day, I wish to draw your attention to the very annojdng and
injudicious articles in the Times, whereby I am placed personally in the
absurd and and unconstitutional position of being pitted against the
Estimates Committee. Such articles as ' The Governor and the
Finance Committee,' &c., &c., &c., if intended to be friendly are most
inopportune, as exhibiting the Governor individually {when on the eve
of Responsible Government) adopting a particular line of policy. In
the whole of to-day's long articles there is not once mention made of
the Government. It is always ' the Governor.' I can scarcely fancy
this accidental or well intentioned. It is only justice to myself, and
also to the gentlemen of the committee, several of whom I personally
know and like, that you should as organ of the Government, turn your
attention to clearing up this the first time you may address the House
on the subjects of the Estimates. I believe none of us, while insisting
firmly on our right to be heard, wished to do more than ensure fair
play for both sides of the question, by giving to each equal publicity ;
and if the memorandum be not signed by the Ministry, it is because
the present Constitution in the Advocate-General's opinion renders it
necessary that such an exposition of the general policy of the Govern.
ment should be regarded as a minute of the Governor in Council. I
really think the course adopted by the Times is calculated to injure the
Government, and prejudice an impartial discussion of the question.
Believe me to be, most traly yours, (Signed)
"E.G. M'D."
The Constitutional History of South Australia. 373
South Australia, when this was written, was yet a
Crown colony, and Sir Richard was, perhaps, required
to assume the entire responsibility for the acts of the
Government, since they were really his acts. But on
this occasion, because attacked in the Press, he seemed
anxious to throw oft" this responsibility, though the
general policy detailed in the memorandum alluded to
emanated from the Governor. I have now a different
phase of the question of Responsible Government to
consider, viz, when the change had really taken
place, and the Ministry claimed to direct the policy of
the country, in virtue of the powers conferred on
them. I have undertaken to write the history of
Responsible Government, that hereafter it may be seen
that in its commencement it was really a struggle
between the Governor upholding Jiis former pre-
rogative rights and his Ministry, who had to contend
with the influence which the Governor had exercised
in his private intercourse with members of Parliament,
with the prestige whicli still attaclied to his position
out of doors, and his popular manners and social
peculiarities, which made him a favorite with those
who had no mission to mix in the warfare of politics
and come into contact with his will.
Few men can resist the blandishments of rank and
position when power is associated with tlicni. And
when power is separated from ranlv it takes a long
time before the difference of position is seen and
felt. The prestige of ])ower remains with the former
874 The Constitutional History of Sozdh Australia.
possessor long after the reality has passed away ; and
it is those only who come into official contact with the
person or institution suddenly divested of power that
become affected by the change. The community at
large are for a long time unconscious of it, and
maintain the old attitude and reverence towards the
individual. The fear of power and the expectation
of benefits from its exercise long outlive the fact of
its extinction or modification. In history we find,
universally, that after a reign of tyranny and
revolution the storm waves require a length of time to
settle down. And it is so with anj^ idea that has once
laid hold of public opinion. Sir Richard MacDonnell
derived considerable advantage from the operation of
this principle in the public opinion of South Austi'alia,
and he used the shadow of power to keep up his
influence in legislation when the substance had really
departed. His constant assumption of prerogative met
his Ministry at every point on every question ; and
the Consei'vative party, formed chiefly of wealthy
men, were satisfied to play into his hands in the
Legislative Council, as they had formally endeavored
to support him in his stand against democracy.*
* See Mr. Torrens' speech in the Hoiise of Assembly on August 26th.
On this occasion, during a debate in the House of Assembly on a
motion of want of confidence against the Ministry of Mr. John Baker,
Mr. Robert R. Torrens, the mover, read various extracts from the
Chief Secretary's speeches on the privilege question. He observed
that in those speeches were foreshadowed the policy of Mr. Baker's
Ministry, and now that policy was attempted to be carried out, and it
The Constitutional History of South Australia. 375
This direct interference in every administrative and
and leaislative action of the Ministry was a source of
continual embarrassment to them, and had well-nigh
wrested the power from the Assembly in the
determined stand made by the Upper Chamber to
render Responsible Government a nullity, by claiming
the right to amend and alter money Bills ; which,
if not successfully resisted, would have enabled
the Governor to coerce the Assembly by frequent
dissolutions that would have left permanent power
with the Upper House. Men of capital only can
bear the cost of constant elections ; and thus the
constituencies would have, been driven over to the
ranks of capital in the Assemblj^ and the Upper
House have increased its power in the direction of
lecrislation. With a full share in the control and
direction of taxation, and equal power in respect of
public improvements, the material progress of the
colony would not have reached its present stage for
many years to come. There were two (juestions
that occupied the attention of Sir Richard
MacDonnell, and which, remaining unsettled when
the first Ministry came into power engaged their
would be if the House allowed itsslf to be cajoled as the Ministry had
been. If the members of the Ministry had been cajoled thoy were
political renegades. He spoke with authority for what he said, that
the minlHters were not the only persons who had been cajoled bj- the
plea of rushing to the support of His Excellency and of rallying around
him. That cajolery hail been practised on his honorable friend to the
right (Mr. .J. B. Hughes). — Parliamentary debates.
376 The Constitutional History of South Australia.
€carly attention. These were the Murray trade
and the postal question with Great Britain.
Sir Richard MacDonnell had offered to collect the
duties on Murray borne goods destined for consumption
beyond the South Australian border on any scale deter-
mined on by the neighboring colonies, and his cor-
respondence in 1855 embraced that view. In order to
carry out this arrangement, which, ia the language of
Mr. Chiiders, then high in office in Victoria, had been
stated in written terms sufficiently strong to constitute
a distinct pledge, with the Government of Victoria, Sir
Richard directed a Bill to be laid before the Legislative
Council to provide for the collection of duties on goods
passing into the colonies of Victoria and New South
Wales by way of the River Murray, according to any
tariffs which those colonies respectively might from
time to time signify their ivish to impose, leaving those
Governr^ients entirely unfettered as to the nature and
amount of the duties luhich they onight respectively
authorise the South Australian Customs officers to
collect. This Bill failed in its object ; since it was
passed with the addition of a clause which entirely
negatived Sir Richard MacDonnell's wishes and inten-
tions. This clause provided for the collection and
distribution of duties, not according to any tariff
which the neighbouring colonies might desire to enforce,
bat simply in accordance vjith the duties leviable
under the South Austrcdian tariff'. Mr. Chiiders, who
at that time was responsible for the Customs depart-
Tlie Constitutional History of South Australia. 377
ment of Victoria, in a memorandum addressed to his
Government resented this action of the South Austra-
lian Legislature, which he characterised as a breach of
faith. He maintained that Sir Richard MacDonnell
had written in such terms in 1856 as to leave no doubt
at the time in the mind of the Government of Victoria
that a distinct pledge had been given to carry out the
arrangement agreed to by His Excellency ; and he
further pointed out that when the Act of March oth,
1856, was enclosed in a letter to the Government of
Victoria, no express mention was made that the Act
failed to contirm the principle for which Sir Richard
had contended ; and that under any circumstances the
retraction of a pledge affecting arrangements already
in operation should be expressly stated, and not left to
be inferred by those to whom the pledge was given.
The Act in existence before that of March 5th was
found to open the door to smuggling by providing that
the duties should be collected on the Murray in accord-
ance with the Soutii Australian tariff only, especially
in the articles of spirits and tobacco, the duties on
which were lower in the South Australian scale of
duties in some important items than in those of Victoria
and New South Wales. Hence Melbourne firmn had
supplied the districts up the Murray with goods rated
according to tlie dutlea leviable in South Australia, to
the great loss of the revenue of those colonies, 'i'lie
fact was, as stated by Mr. Childers, that no explanation
was afforded bv Sir Richard MacDonnell, that the Act
87S The Constitutional Mistory of South Australia.
enclosed failed to give effect to his intention, and the
despatch conckided simply with the expression of Sir
Richard MacDonnell's "hope that the Victorian Govern-
ment would consider the Bill as affording the necessary-
facilities for a final and satisfactory settlement, &c.,
&c." This Bill, upon which so much depended in its
original form, had been shown to Mr. Childers by Mr.
Torrens, under instructions from the Governor, and, if
carried in that form, would have completely redeemed
any pledge given or assumed by Sir Richard Mac-
Donnell. But it was, unfortunatel}^ negatived in that
respect. In commenting on Mr. Childers' memorandum
in March, 1857, in reference to this subject, Sir Richard
remarks " that no pledge had been given further than
that he meant to seek the sanction of the South
Australian Legislature," for which he quoted from the
despatch written by his direction to the Colonial Secre-
tary of New South Wales, on December 5th, previously
alluded to by Mr. Childers. This was the first question
for resolution by the Ministry of Mr. Finniss. On
February 25th, 1857, taking up the correspondence
where Sir Richard MacDonnell had left it, the Chief
Secretary placed fully before the Victorian Government
the course which the Governor would be advised to
pursue in reference to the Murray duties question.
He also enclosed a memorandum prepared by the
Treasurer, Mr. Torrens, containing a statement of this
policy, and declared that, after cai-eful consideration,
the Government were prepared to adopt the line of
The Constitutional History of South A^istralia. 379
policy indicated in that memorandum, and to support
it in the Parliament. Subsequently the Treasurer
introduced his new measure into Parliament, which
was carried through both Houses, and under a change
of Ministry became law by the assent of the Governor
to the Bill. This policy, as foreshadowed in the Chief
Secretary's letter of February 25th, was thus subse-
quently approved in Parliament. But it previously
encountered the strong opposition of Sir Richard
MacDonnell, who specially undertook, in a long minute,
to point out his objections to Mr. Torrens' memorandum.
Sir Richard said that " he had perused that document
prepared by the Treasurer with great attention, and
had discovered in it no policy at all resembling
a South Australian policy, nor one which by partially
sacrificing South Australia contributed to the general
good of these colonies. On the contrary, its policy, he
said, may hereafter be regarded by enemies of the
Government as a somewhat tame acceptance of terms
dictated by Government, one of which was supposed to
be animated by no friendly spirit towards the Murray
trade ; whilst it also suggested and amplified the few
natural difHculties what might be in the way of this
colony making a better arrangement — as a glance at
the map would show that smuggling by land from
South Australia to the Murray beyond the boundary
was no ea.sy matter, though the memoramliuu repre-
sented it as forming an insufferable obstacle to any
collection of the duties by South Au.->tralia, so long as
380 The Constitutional History of Sotith Australia.
the various tariffs were not assimulated." It would
serve no good purpose to continue to quote Sir
Richard's remarks in opposition to the policy of his
Ministry. The memorandum of Mr. Torrens and the
whole correspondence were printed as Parliamentary
papers, and may be read by the studious or curioiLS,
and they told against his Ministry. Sir Richard, in
lieu of the system proposed by the Treasurer, urged
the adoption by the Ministry of his own scheme,
formerly rejected hy the late Legislative Council, as
not in their opinion subserving the interests of South
Australia, but rather those of New South Wales and
Victoria. In his argument he remarks that " the
Ministry which formerly supported a system widely
different from that now intended to be established
by New South Wales and Victoiia, should be prepared
to prove the necessity which obliged them to abandon
that policy. That necessity could only be fully proved
by the positive rejection of such policy, either by the
neighboring colonies, or by ou)' own Legislature." Sir
Rirchard seems in these remarks to have been
oblivious of the fact that the South Australian Legis-
lature had already rejected it, and that to reintroduce
a similar Bill into the House of Assembly would be to
court another defeat. Yet he concludes a long memo-
randum of twenty pages, in its seventh paragraph,
with these words — " Finally, he obsei'ved that quite
independent of the simple, comprehensive, and bene-
ficial policy of reverting to the original proposal, first
The Constitutional History of South Australia. 381
advanced by South Australia in 1855, it appeared more
politic that the Ministry which afterwards supported
strongly that policy in 1856, should at least offer to
seek from the new Lecjislature an enactment similar
to that rejected by the late Council." This celebrated
memorandum, dated March 24'th, 1857, was laid before
the meeting. On May 11th, the course of policy to
be finally adopted by the Ministry on this question,
was fully discussed. A long minute was the result, of
which I shall only give extracts. It runs in the first
person, the Chief Secretary being the medium of com-
miinication between the Governor and the Cabinet*
The Chief Secretary wrote as follows : — " 1. The
memorandum of April 18th (No. 9 of 1857) from Hls
Excellency the Govemor-in-Chief, referring to a
Cabinet minute written in reply to a former memo-
randum from His Excellency, dated March 24th last,
has now been submitted by me to the Cabinet, other
important business having hitherto prevented me from
considering with my colleagues that paper. His Excel-
lency states that ' having perused the minutes of the
Cabinet on his memorandum of March 24th, concern-
ing the Murray intercolonial duties, it is necessary
before that document be filed that some words
embodied therein should be noticed.' 2. If His Excel-
lency intends, as it is presumed from the aljove
remai-ks, to include amongst the records of the Execu-
tive Council his own memorandum of March 24th
which embrulios His Excellency's argument in opposi-
382 The Constitutional History of South Australia.
tion to the policy proposed to be pursued by the
present Ministry with respect to the Murray duties
question, it is submitted that the reply to that memo-
randum in which the Ministry vindicate their policy,
although considered by His Excellency to contain
some errors, must also be added to the records of
the Executive Council, or the record would be mani-
festly imperfect, and could not be properly confirmed.
3. With respect, however, to the errors alleged to be
contained in the minute, the Ministry do not admit
the conclusions of His Excellency, and they do
not deem that it can in any way advance the
question of the Murray duties policy if they enter
into farther controversy, either on the main
objection which His Excellency advances to the course
proposed to be taken by the Ministry, or on the
interpretation which is to be put on the conduct and
views of such of them as were members of the
Executive Council under a form of Government which
has ceased to exist, -i. The Ministry now, as in their
last minute, distinctly disclaim all responsibility for
the acts and policy of a former administration. They
maintain that the principle involved in this position is
inherent in the very nature of Responsible Government.
(I here omit the fifth and sixth paragraphs of the
minute and proceed to the seventh for reasons which
appear in the seventh paragraph.) 7. Any further
discussion of the subject must be not only of an
exclusively personal character, but must also involve
The Constitutional History of South Australia. 383
questions affecting the accuracy of recollection of the
various members of the former Executive Council, as
well as the deductions to be drawn from a careful
scrutiny of all the voluminous documents connected with
the topic of discussion. Should any occasion hereafter
arise for the personal vindication of any member of
the former Council, it will be for him, individually, in
such mode as he may deem most fitting, to defend the
policy which the Ministry now adopt, and show in
what manner it can be reconciled with his previous
views and conduct." I close my extracts from a
voluminous correspondence at this stage, as I write
only in the interests of Responsible Government and
not in explanation of my personal views. These
extracts with others in connection with the postal
question are given to show that Sir Richard
MacDonnell sought to impose his i^ersonal policy on
the first Ministry on the ground that being previously
identified vjith it they were eonsistenly bound to
follow up his executive ccction as the Governor of a
Crown Colony ivith unlimited poiuers. It must
be remarked that under that system the Executive
Council was bound by the nature and tenure of their
appointments to support the policy of the Governor,
however much they might differ in opinion as to
its wisdom. And the support they might give in
a Legislative Council, the majority in which was
composed of elected members, would be justilicd by
their obligations to the head of the Executive. Yet,
3S-t The Constitutional History of South Australia.
no doubt, the first Ministry, under a system of
responsibility, were identified with, and paid the
penalty of, the Acts of the old Nominee Government
by inheriting its unpopularit}^ The Conservative
members, and those who had been prominent in their
opposition to the Government in the extinct Legislative
Council, were now, most of them, elevated to the
Upper House ; and the Murray Duties Bill, being a
money Bill, would no longer be under their control,
but would be considered in an Assembly composed of
men whose views had assumed a different direction ;
and hence their action was changed. But why did
any difierence in the Executive Council arise ? The
Ministry were, of course anxious to meet the question
on a basis which they deemed would probably
meet the views of the new Legislature ; and
these were opposed to the collection of duties by
Customs' officers of South Australia on any tariff
other than its own, for the time being. In the latest
correspondence New South Wales and Victoria had
propo.sed : — 1st. A complete assimilation of the South
Australian with the New South Wales tai4ff. 2nd.
The establishment of a common tariff on the Murray ;
and, 3rd, as an alternative, the maintenance of a joint
Custom House at our border, for the collection of their
own duties. The consideration of these new points,
into which the correspondence carried on between Sir
Richard MacDonnell and the neighboring colonies had
drifted, apparently removed the question far beyond
The Constitutional History of South Australia. 385'
the simple plan of collecting for the other colonies any
scale of duties they might wish. Yet Sir Richard adhered
to his original position, and strenuously urged the
Ministry to reject any scheme but his own in the
expectation that the majority of the new Legislature
would have been favorable to the old proposition. At
this very time the Cabinet were negotiating with the
Governments of the neighboring colonies for the
modification of the South x\.ustralian tariff to an
extent which made some approach towards the views
entertained by these governments on the subject of
the assimilation of tariffs. And they were, moreover,
of opinion that the despatches of the governments of
the neighboring colonies afforded no ground for the
belief that they would again consent to the collection
of their duties by this colony under discrepant
tariffs. The Governor would see no plan but his own,
and he could have sought other advisers had he seen
fit. Without any decided action of that nature on the
part of the Governor, the Ministry considered it was
their duty to meet Parliament and abide by its decision
as to their continuance in office.
In this stage of affairs the question of the Murray
duties had come before the first Responsible Ministry
for solution. The Bill introduced by Mr. Torrens was
finally carried through all its stages on November 10th,
1H.')7. It repealed the Act of March oth, 185G, and
was framed on the principle not widely different from
the Bill of Sir Richard MacDonnell which the late
25
386 The Constitutional History of South Australia.
Council had negatived. Thus the preamble declared
that, in order to prevent the interruption to traffic
which would arise from the levying of duties upon
goods passing up the River Murray for consumption in
the neighboring colonies at the respective places in
those colonies whereat they might be landed, the duties
on such goods might be collected according to any
scale, for the time being, agreed upon luith the Govern-
ments of the colonies of Neiv South Wales and Victoria
under regulations to he made hy the Executive of
South Australia, subject to an agreed charge for col-
lection. The Bill, as it finally emerged from the
Parliament in November, 1857, appeared in a shape
apparently but little different from the scheme sug-
gested by Sir Richard MacDonnell ; yet there was this
difference, that while it was in Sir Richard Mac-
Donnell's Bill imperative on the Government of South
Australia, acting as agents for the adjoining colonies,
to collect the duties on the River Murray according to
any scale the neighboring colonies might from time to
time desire, it was in the new Bill left open to nego-
tiation in the future, even to the adoption of an
assimilative tariff, and in the meantime the collection
was to be made according to the tariff' of New South
Wales. At this date it seems unaccountable why the
question assumed so personal a shape in the Executive
Council, and still more so, why the old Legislative
Council should have objected to the proposal of Sir
Richard MacDonnell. It is not easy to trace motives
The Constitutional History of South Australia. 387
for action in the current affairs of life, and it is more
difficult to form correct conclusions as to the motives
of men in times so long past as the period now under
considei"ation ; it would be hazardous, therefore, to
attempt to explain the causes that moved the Governor,
the Ministry, and the old Legislature, in takino- the
strong course of mutual opposition which certainly
characterised the discussions in the Murray customs
duties question in 1857. Sir Richard's imperious dic-
tation was resisted by the first Ministry ; and probably
feeling had much influence in shaping the conduct of
the elective members of the old Legislative Council.
The reports of the Select Committee on the Estimates
in 18-50 countenance this view.*
The ocean postal question, which was warmly dis-
cussed between the Governor and his Responsible
Ministers in the early part of 1857, requires some
elucidation. Before Sir Henry Young quitted the
Government of this colony he succeeded in obtainino-
the sanction of the Legislature to an Act by which the
subsidy to any steam company carrying the mails
monthly between Great Britain and South Australia
was fixed at £0,000 per annum, commencing from
January 1st, 1854, and to be continued for three years.
Tn March, 1855, Sir William Denison, as Governor-
General of the Australian colonies, took uj) the subject
and sought to induce the various colonies under his
* See third report of Estimates Committee, p. 3 ; pp. No. 158.
25 a
388 The Constitntional History of South Australia.
jurisdiction to re-establish steam communication, inter-
rupted by the American War of 1854, by the concur-
rent action of these colonies. The Acting-Governor, to
whom this proposal was addressed, consulted the
Chamber of Commerce in order to ascertain the views
which were most likely to gain acceptance in the
Legislature ; and on their suggestion replied to Sir
William Denison that the Government of South Aus-
tralia were favorable to the scheme, and would propose
to the Legislature to grant a subsidy not exceeding
£12,000 a year as the contribution of this colony to
secure a monthly postal communication between Great
Britain and South Australia both ways. In effect, an
Act was passed on May 26Lh, 1856, the following year,
" to make provision for establishing a monthly mail
communication between the Province of South Australia
and Great Britain." But in the meantime the Victorian
Government had been in communication with the
Imperial Government, and in order to enable the postal
authorities in England to conclude a contract with a
steam company for the conveyance of the Australian
mails without the delay of further reference to the
Governments of the Australian colonies, the Victorian
Government offered to guarantee payment of the sub-
sidies required from the several colonies respectively
in order to the completion of a contract then being
negotiated by the Imperial Government, by which
Melbourne was to be made the direct and central point
of arrival and departure of the mail ships, and South
The Constitutional History of South Australia. 389
Australia was to be served by a branch service between
Port Adelaide and Melbourne, at a further cost. The
steam company required a subsidy of £185,000 to
enable them to carry this arrangement into effect.
The Home Government imdertook to pay half of this
subsidy, and agreed that the postages should be col-
lected and retained at each end of the line. All pay-
ments in England to be retained by the Imperial postal
authorities, and those made in the colonies to be claimed
by them respectively. This scheme offered the advan-
tages of ([uick and certain delivery of the mails
monthly, and in these respects would have relieved
South Australia from much inconvenience and uncer-
tainty. It would have met, too, the wants of private
correspondents in town and country. But the
mercantile classes in South Australia objected
to an arrangement by which the mail ships were
to pass their door both on the outward and home-
ward voyage, although Gulf St. Vincent, on the shores
of which Port Adelaide was situated, was within easy
range of the line of transit. The electric telegraph
between Great Britain and her Australian colonies
was not then established, so that there were no means,
as at })resent, of enabling importers and merchants to
get the earliest intimation of the state of the European
markets. It was peculiarly obnoxious to them that
South Australia's great rival should obtain the first
intelligence of the price-lists, upon which the merchant
relies so much to govern liis trade transactions. A
390 The Constitutional History of South Australia.
decided stand was accordinoiy made in South Aus-
tralia, and the South Australian Government had little
prospect of carrying in the newly constituted Legis-
lature any Bill to join in the subsidy by which the
Victorian community would obtain so decided an
advantage.
The news of the acceptance of this contract by the
Imperial Government arrived in South Australia in
the latter end of September 1856, and at the same
time the Victorian Government addressed a communi-
cation to the Chief Secretary of South Australia,
proposing that a representative should be sent to
Melbourne to take part in a conference for the
arrangement of the branch services. In reply, after a
full consideration by the Cabinet, the Victorian
Government were informed that South Australia was
precluded from taking part in any arrangement by the
refusal of the Legislature to grant any subsidy, except
in support of a monthly mail service, which should
give to South Australia direct communication between
England and her own port on both the outward and
homeward voyages. The Victorian Government w^ere
at the same time informed that early reference would
be made to the Legislative Council to reconsider the
question on its next meeting. The Legislative Council
had been prorogued on June 19th of that year, and
did not meet again in session till November 11th,
when it was fully occupied in considering the Esti-
mates for the ensuing year, and in a few merely formal
The Constitutional History of South Australia. 391
measures. At this stage of the question the mail
service, under the new contract, was commenced, and
the steamship the Oneida, belonging to the European
and Australian Royal Mail Company was on the point
of leaving the port of Melbourne with, it was expected,
the South Australian mails, which had been duly
forwarded from Port Adelaide. In the correspondence
between Mr. Rowland Hill, the director of the Imperial
Post-Office, and Captain Watts, the Postmaster-
General of South Australia, it had been stated that if
the South Australian Government declined to become
parties to the contract, their letters would be subject
to a heavy charge for transit, the amount of which
was indicated ; but no hint had been permitted that
the South Australian mails would be absolutely
excluded on any terms from the benefits of the service.
The surprise was therefore great when the Postmaster-
General informed his Government on January oOth,
1857, that he had received a communication from the
Postmaster-General of Victoria, to the effect that the
South Australian mails for Europe, sent to Melbourne
for transmission by the Royal Mail Steamship Oneida,
would not be forwarded by that vessel, but by order
of the Victorian Government would be sent by private
ship. The next day (the 31st) the Treasurer of South
Australia (Mr. R. R. Torrens), who had just returned
from Melbourne, acquainted the Chief Secretary with
the same fact, and added that in order to secure the
ransmissioM of the mails by the steamship, he had
■392 The Constitutional History of South Australia.
been under the necessity of pledging the Government
to introduce a Bill to the Legislature to enable the
Government to contribute to the cost of the trans-
mission of the mails, as though the colony had been
parties to the general subsidy from the first ; and as
the intercolonial mail was on the point of starting for
Melbourne, it was necessary to inform the Govern-
ment of Victoria at once, that this Government Avas
prepared to ratify the pledge thus given. Accordingly
the ratification of this pledge was communicated in a
letter of February 2nd, addressed to the Melbourne
Government by the Chief Secretary. What course the
Government of South Australia might have followed
if the Treasurer had not restricted their action by the
step he took to secure the transmission of the mails by
the Oneida, may be open to conjecture ; but the facts
of history must be recorded, and on this occasion with-
out comment. The question undoubtedly stirred up
feelings not tending to the harmonious working of
Responsible Government, as it was made the occasion
of much discussion and remonstrance between Sir
Richard MacDonnell and his confidential advisers.
On February 1st. 1857, the Governor wrote a note to
the Chief Secretary, in which, after i-eference to
matters immaterial to the public, he said — "We should
^t once consider the course to be followed in reference
to the postal outrage by the Melbourne people on the
South Australian mail. I think we should protest
energetically — as whatever may have been the faults
The Constitutional History of South Australia. 393
of the Legislature here, our punishment should have
come from the home Government, and not from the
Victorian. I think if I have time I shall sketch the
headings of a proposed despatch on the subject.
Please cast your eye over the enclosed minutes, and
send them on to the clerk to have ready for confirma-
tion — possibly this afternoon — as I think we should
hold a Council at 2 o'clock p.m., if convenient to you.
(Signed) R G. M'D." On February 2nd a meeting of
Executive Council was held, at which the Governor took
up the question of the propriety of protesting against the
course of the Victorian Government. And at the next
meetin--^ of the Executive Council a discussion ensued
on this subject commenced by the Governor reading
a paper stating his views. As this memorandum
imparted censure to the Ministry it was protested
against by the Chief Secretary. The Treasurer, also,
urged objections to views imputed to himself, and,
subsequently, put his own opinions into the shape
of a memorandum recorded in the minutes of the
Executive Council. No further correspondence took
place between the Government and Victoria on the
subject of postal communication until a letter, No. 5G7,
of April 28th, followed by letters dated May ISth, No.
009, and May 20th, No. 023. But in the interim the
Government introdiiped to the House of Assembly,
which met on April 22nd, a Bill to enable this colony
to be parties to the agreement for the general postal
contract, and corresponded with gentlemen in the
394 The Constitutional History of South Australia.
colony on the subject, copies of which correspondence
have been published.
It must be borne in mind that during the whole of
this ]3eriod the Cabinet was absolutely ignorant of the
terms of the contract which had been entered into
by Her Majesty's Government with the English and
Australian Royal Mail Company ; and, therefore, could
have no means of judging how far the conduct of the
Melbourne Government was warranted by the terms
of that contract. They were unable to judge whether,
at the time of His Excellency's calling attention to the
matter in Executive Council, he was or was not in
possession of that contract ; but if he was, that would
fully account for his being prepared to protest against
a measure which he knew to be unwarranted, while
the ignorance of the members of the Cabinet of the
terms of that contract would justify their hesitation in
joining in a protest of the validity of which they had
no means of judging. The Cabinet, in fact, waited
until they knew what were the rights of this colony
arising out of the contract, as well as what would be
the view taken by the Legislature of the course to be
pursued, before deciding upon the line of conduct
which it would be proper to adopt ? Since, had
the Legislature affirmed the Bill introduced by the
Ministr}^, a protest would have been needless if not
impolitic. These views were communicated in writing
to Sir Richard MacDonnell. Three days after the
meeting of Parliament the Chief Secretary was
The Constitutional Hisforij of South Australia. 395
informed, in a note from tlie Government House, of
April 2oth, 1857, "that as the despatch of the Governor
to the Secretary of State, recommending, by desire
of the Ministry, the plan of postal communication
sucro-ested bv the Harbour Masters' report, had been
delayed through the Havilah not starting for
Melbourne in time to catch the last mail, it is desirable
that before forwarding it he should be placed exactly
in possession of the views of the Government, more
especially as His Excellency saw that the Chamber of
Commerce recommended a totally different system,
and he apprehended that the Home Government, if
inclined to move in the matter at all, would only do
so on receipt of a joint resokition of both branches of
the Legislature in support of the Ministerial policy."
His Excellency added, " Let me know, therefore, what
is intended to be done in the matter." The Governor
had at this date been fully advised of the course
intended to be taken by the Ministry, and had
actually, in his speech on the opening of Parliament,
informed the Legislature, " that he had directed a Bill
to be laid before them to authorise the Government,
for a limited period, to become a party to the contract
made by the Home Government for the mail service
to these colonies, and to make arrangements for the
branch service to this province." His Excellency's
remark that the Home Government would only move
in the matter on receipt of a joint resolution of both
Houses was fully answered by the paragrai)li in his
396 TJie Constitutional History of South Australia.
speech which has been quoted, since the Ministry had
already taken the most practical steps to procure a
joint resolution by introducing a Bill which, if i:>assed
through Parliament, would effect that object, and on
April 28th the Chief Secretary laid that Bill on the
table of the House of Assembly. It has already been
stated that up to this time the Ministry were in
ignorance of the nature of the contract entered into
on the subject of the Ocean Mail Service. Indeed, it
was only a few days prior to April 28tli that they
were furnished with a copy of the contract transmitted
with Mr. Secretary Labouchere's circular despatch of
December 11th, 1856, and thus knew the real state of
the case. It is evident that the Governor disapproved
of the action of his Ministry, and that he was better
informed both of the views of the Home Government
and of the feeling with which the members of
Parliament lately elected regarded the postal question,
and he seems to have supported their opinious. The
Governor had delayed onaking those Tepresentatioiis to
the Secretary of State suggested by his Ministry, as
he himself states in his note of April 2oth ; and the
-question now came before the House of Assembly on
^lay Gth, when the Chief Secretary moved the second
reading of the Ocean Postal Bill. He explained to the
House that this Billl was different from that of last
year (No. 13 of 185G), inasmuch as the Government
now ask the House to join the contract service for
twelve months only, in hope that the representations
The Constitutional History of Sotith Atistralia. 397
made to the Home Govern ment, and negotiations with
the contracting parties during that period, might
result in some modification acceptable to South
Australia. He estimated the cost of the proposed
arrangement would amount to £10,000, for which we
should have the benefit of being partakers in the
advantages of the entire scheme — a scheme which
offered speed and cheapness not be be equalled by any
other plan. And as all the sea postages on letters
despatched from this colony would be receivable and
would amount to £3,777, which would be set against
the total cost of £10,000, the full chai-ge to the colony
would be reduced to £6,222, and for this we should
get our letters in fifty days. Members who opposed
the Government scheme alleo-ed that there was a
probabilit}^ of other companies undertaking to carry
the mails to and from Port Adelaide on terms within
the limits of the revenue means of South Australia ;
others stated that there was an alternative — they
could either pay the original postage or join in the
contract. The Chief Secretary, in reply to the
opposition members, said that the Government could
not bring in any other Bill than that before the
House, for they knew of no other practical scheme
which could be introduced. He did not intend to
withdraw tiie Bill as had been suggested, but would
abide the decision of the House. The previous question
was moved by Captain Hart, and, on a division, was
carried against the Government l)y a majority of two.
398 The Constitutional History of South Australia.
there being fourteen votes in favor of the Government
and sixteen a^jainst them. At this staj^e the Governor
once more intervened, and, as it afterwards appeared,
addressed a despatch to the Secretary of State, dated
Way 7th, in which he again, as he had done in
February preceding, expressed disapproval of the
conduct of his Ministry — a course which his Ministry
were not made acquainted with until May 25th. On
May 8th he addressed the Chief Secretary, saying : —
" It is necessary that I should learn, as soon as possible,
what course, if any, the Government means to pursue
in reference to the postal question, in case I am
to make any communication on the part of the
Government to the Secretary of State. Can you see
me before the meeting of the Legislature — or shall
I go to the offices, which I can do without much
inconvenience. Yours, K G. M'D." On the 10th he
writes again as follows : — " My dear Sir — Do you
intend taking any steps, per this mail, to negotiate
with the Victorian Government as to the despatch
of our mails. I wish to be kept informed of all
correspondence intended with the neighboring colonies,
especially as it should be conducted in the Governor's
name. Very truly yours (signed), R. G. M'D." A
meeting of the Cabinet was held on May 11th to
consider these various suggestions of the Governor,
when amongst other things a resolution was yjassed
" that the Ministry have no objection to use the
Governor's name, provided the Chief Secretary's
The Constitutional History of South Australia. 399
communications vjith the neicjJthoring Goveimments
are not supposed to he written under the instructions
of His Ejxellency or necessarily subject to his perusal
before dispatch."
In reply to the Governor's note of May 8th, the Chief
Secretary the same day states that he can only at
present say that as he knows of no better scheme than
that proposed by the Lords of Her Majest3^'s Treasury
for securing the most speedy and cheap communication,
and as the Parliament on the Gth instant objected to
any participation in the plan proposed by their lord-
ships, and involved in the contract now subsisting
with the steam company which conveys the mails to
Melbourne and Sydney, as respects the mail service,
this Government is now restricted to representations
to the Home authorities, and to negotiations with the
A'ictorian Government, to endeavor to procure such a
relaxation on the terms of the present arrangement as
may pennit the ocean steamers carrying the European
mails to touch at Kani'aroo Island or Victor Harbor on
both the outward and homeward voyages. The pro-
posal of Captain Douglas, containing calculations
showinrj that this alteration on the line of route can
be effected without causing a delay of more than one
day, which I placed before your Excellency some time
since, if forwarded to the Secretary of State, will
furnish the best argument in favor of the cliange in
the arrangements made with the mail company that
can be adduced. Tn forwarding his statements of the
400 The Constitutional History of South Australia.
time lost by, and the cost of, the deviation, it would
be desirable also to request to be informed by the
Secretary of State whether we may rely on our letters
being sent by the ooean mail steamers, as heretofore,
without any further payment by this colony than that
at present demanded, as stated in Mr. Rowland Hill's
letter to Captain Watts, announcing the commencement
of the new contract. In the despatch should also be
enclosed, if your Excellency has not already given the
Secretary of State the necessary information, the
correspondence between Ca])tain Watts and the Post-
master-General of Victoria, in which the latter reports
that the mails inten;led for the Oneida had been
detained on account of the non-participation by South
Australia in the general subsidy. The attention of
the Home Government should at the same time be
specially directed to the excess of authority and want
of courtesy exhibited by the Victorian Government."
Referring to the Governor's direction in his note of
May Sth (quoted), the Chief Secretary, in a note of
May 11th, stated to the Governor " that, being on the
point of communicating with the Victorian Govern-
ment on the subject of the postal service, His Excel-
lency would be informed of the contents of that letter.
And with respect to such letters running in the name
of the Governor, that such a course was not altogether
convenient unless His Excellency permitted his name
to be used as a mere matter of form, as he was fre-
quently absent when important correspondence arrived,
The Constitutional History of Sotith Australia. 401
or has to be dispatched. On other grounds also there
would be serious objections, if thereby such communi-
cations were supposed by His Excellency to be written
under instructions, or subject to perusal or revision
before being dispatched, the Ministry being respon-
sible." A meetinof of the Executive Council was after-
wards held on May 25th, at which Sir Richard Mac-
Donnell read a despatch— No. 156 of May 7th, 1857^
addressed to the Secretary of State, on the subject of
the course taken by the Ministry on the postal
question. This was the first intimation given to them
of the contents of that despatch ; and as it conveyed a
censure on their conduct, it excited considerable sur-
prise, and led to a very firm remonstrance by the
Cabinet in a memorandum dated June 5th, intended
for the perusal of the Secretary of State. In this
memorandum, carefully prepared and unanhnously
agreed to in Cabinet, the Chief Secretary, after pointing
out the course of action which had been followed, as I
have already stated, it remarked " that His Excellency
was in error in stating, as he had done, that the con-
duct of the Melbourne Government was upheld and
defended by the Cabinet in reference to the with-
drawal of the South Australian mails from the Oneida
since, there never had been any action of the Cabinet,
or of any members of it, in reference to that matter
between the letter of the Chief Secretary of February
2nd and his letter of May 2()th, in wliicli latter com-
munication it is shown that such conduct was assuming,
20
402 The Constitutional History of South Australia.
a |)o\ver that did not belong to the Government of
Victoria, would be injurious to this colony, and would
trench upon the rights of the Home Government ; and
which letter was not merely written and sent, but had
been communicated to His Excellency before the
members of the Government were aware that His
Excellency had written the despatch of May 7th. It
is true that at a meeting of the Executive Council His
Excellency had called attention to his views upon the
conduct of the Melbourne Government, and that those
views had been commented upon by the Chief Secre-
tary and the Treasurer ; but it must be borne in mind
that at meetings of the Executive Council the members
speak in their individual capacity, unless upon matters
previously submitted to and decided upon by the
Cabinet ; in which case the views of the Cabinet are
stated by the Chief Secretary as head of the adminis-
tration and its orsfan in all communications with His
Excellency. It is, indeed, obvious that, unless this
were the case, the discussions of the Cabinet would
take place in the presence and subject to the interven-
tion of persons who are not members of the Cabinet,
or in any way responsible for its decisions."
The Chief Secretary added that " the Cabinet would
further request the attention of His Excellenc}' to the
inconvenience which they venture to believe must
result from the course pursued in this instance by His
Excellency. The present is a matter upon which the
Oovernment and Legislature of this colony may have
The Constitutional History of South Australia. 403
to take action in conjunction with Her Majesty's
Government in England, and yet the policy of the
Ministry in reference to the matter is impugned, and a
line of conduct suggested by His Excellency to the
Secretary of State, as that which should have been
followed, without the knowledge of His Excellency's
responsible advisers, whose policy it might contravene,
and whose position before the country it might
seriously embarrass." " The Cabinet, in conclusion,
requested that a copy of their memorandum might be
forwarded to the Right Honorable the Secretary of
State for the Colonies, to whom the despatch of
His Excellency, reflecting upon their conduct, was
addressed. This was due as a matter of justice, not
merely as regards the impression which might be pro-
duced upon the Home Government by the terms of
the despatch in question, but also for the justification
of the Cabinet, both in this country and in England,
should the despatches of His Excellency upon this
subject ever be called for, for the purpose of being
printed." This memorandum, dated June oth, 1857,
was sent on June 8th in time to be dispatched by the
mail made u[) at Port Adelaide on June 13th, to catch
the Melbourne ocean steamer about to proceed home-
ward. From May Gth the postal question was
considered open to negotiation only, and in providing
in their Bill before the Assembly that the power to be
conferred on the Government should be limited to
twelve months, within which period the Government
2Ca
404 The Constitutional History of South Australia.
entertained hopes that terms more in accordance with
the wishes of the community might be obtained. On
July 21st the Governor transmitted to Parliament a
despatch on the subject, dated April 17th, 1857, which
he had just received from Mr. Labouchere, making-
further reference to the postal question. This despatch
covered a late minute of April 11th from the Lords of
the Treasury, in which it was stated that for reasons
which appeared to them conclusive, the contract mail
ships would be permitted to pass King George's Sound
on the outward route, and proceed direct to Melbourne.
They then observe that as the homeward route lies by
Kangaroo Island and King George's Sound, it may be
possible for the Government of South Australia to
make some arrangement by which they may avail
themselves of a later opportunity of dispatching their
mails than any of the other colonies, Western Australia
only excepted, as the steamers pass Kangaroo Island.
They also remark that the cost at which they have
contracted for the main service from Great Britain to
Sydne}^, amounts to £185,000, that to this must be
added the cost of the local service, and that it must
therefore be fruitless to discuss the question of a
direct steam service between Great Britain and South
Australia, independent of the other colonies, with a
sum of £12,000 only voted. "If, however," the
minute proceeds, " the Government of the colony
should continue to adhere to the view which it
has taken, then, in common justice to this country
Tlie Constitutional History of South Atcstralia. 405
and to the other colonies, which are all subscribers
towards this service at a considerable cost, the colony
of South Australia must be excluded from the
advantage of participating in the service. In that
case all letters outward will be convej'ed to Melbourne
to be forwarded by such means as the local arrange-
ments, irrespective of this general plan, may provide,
and letters homeward will be brought from JSIelbourne
if forwarded to that port by similar means. In
the postage of such letters, outward and homeward,
such a special rate will be charged as shall be
equivalent to their actual cost, as it would be obviously
unfair that the letters of a colony, which did not
contribute to the necessary loss, which must attend
the service, should be carried at the same rates as
those of the Colonies which do so contribute." The
above passage shows clearly that the Melbourne
Government were not justified in excluding the
South Australian mails from the homeward ships
under contract, unless payment of the extra cost was
refused.
In this state of the question, and with this
additional information, the Chief Secretary, on Friday,
August 7th, moved the third reading of the Postal
Bill, which passed through the Committee of the whole
House on August 4th, The amount of annual subsidy
in this Bill was fixed at £12,000, The Bill was
rejected by a majority of one — ten votes being given
to the Government and eleven against them. But the
406 The Constitutional History of South Australia.
Bill was only delayed, as will be seen by reference to
the Parliamentary debates. On Wednesday, August
26th, a question was put by Mr. Finniss to the
Government, represented in the House by the
Treasurer (Mr. John Hart), now one in the Ministry of
Mr. John Baker who had succeeded Mr. Fjnniss on
the resignation of the latter on August 12th, his
resignation having been partly due to the defeat of
his Ministry on August 7th. Mr. John Hart said
" that they would not proceed with the third reading
of the Steam Postal Bill, believing that in that respect
they represented the views of the House." On Tuesday,
September 8th, another change of Ministry having
been effected, and Mr. Torrens, who had been Treasurer
under Mr. Finniss's administration, being now Chief
Secretary, proceeded with the Bill by recommitting
it in order to increase the subsidy from £12,000 per
annum to £15,000, moved, no doubt, by the terms of
the minute of the Imperial authorities of April 11th,
1857, with reference to the smallness of the proposed
contribution to the Postal Service by South Australia.
The Bill, as amended in respect of the amount of
annual contribution, contained, also, a proviso limiting
the adherence of South Australia to the contract to
the end of the year 1858, and also adding the condition
that the ocean steamers should touch at Kangaroo
Island on the homeward route. In this shape the
postal question was remitted to the Upper House,
where it was read a first time on September 10th.
The Constitutional History of South Australia. 407
But the Postal Bill, which had originated in Mr.
Torrens's pledge to the Melbourne Government at the
early part of the year, was not to be settled by him.
Another unexpected change in the Government ensued,
when on September 23rd Mr. Torrens' resignation, on
his defeat by seventeen votes against fourteen, placed
Mr. Younghusband as Chief Secretary under the
premiership of Mr. Hanson, Mr. Younghusband being
a member of the Upper House as Mr. Baker had been
when appointed Chief Secretary. Mr. Hanson still
retained his seat in the Assembly as Attorney-General
and leader of the Government. In his administration
the Postal Bill again revived, and became law on
November 19th, 1857. It was announced in the
Assembly by the Attorney-General that, as the result
of late nesfotiations, the Melbourne Government were
prepared to allow South Australia to enter at once into
tlie full operation of the Postal Service, to date from
November loth, 18o7. I should here state that the
Bill, as passed, contained a proviso limiting any
arrangement for communicating by way of the other
colonies to December 31st, 1858, unless on the condition
that line ocean steamers touch at Kangaroo Island or
some other port of the province, for the purpose of
conveying the return mail to England. I should
also add that the period for the termination of the
contract with the European and Australian Mail
Com])any had been originally fixed for the end of
the year 1801.
408 The Constitutional History of South Australia.
It is not my purpose on the present occasion to give
any further details of the history of the mail service
between Great Britain and South Australia, as I do not
intend to continue the development of Constitutional
Government beyond the close of the first session of the
first Parliament. Indeed, I should not have entered
so minutely as I have done into the merits of the
Ocean Postal Service, which can have little interest in
these later times, but for the circumstance that the
question is intimately connected with the adjustment
of the relations between the Governor and his first
responsible ministers, and between them and the first
Parliament — an adjustment not effected without serious
political conflicts, which led to three changes in the
administration within as many months, and to a
struggle for power between the two Houses of
Parliament.
s. „
CHAPTER X.
Governor proposes to visit ^Melbourne to confer with the Governors of
the neighboring colonies— The Ministry do not advise the Governor
to leave the colony in any official capacity — Governor consults the
members of the Cabinet separately — Eemonstranee of Chief
t-ecretary against the system — Governor writes despatches to
Secretary of State proposing an increase in the Executive Council
— Ministry object - Chief Secretary writes protesting against
alteration in the Royal Commission, suggested by the Governor,
and in the proposal to increase the numbers of the Execvitive
Council through exercise of the Royal Prerogative — Weakness of
the Ministry through the opposition of the Governor and of the
Parliament.
IN this chapter I shall continue, and 1 hope to bring
to a close, the adjustment of the relations between
the Governor-in-Chief, Sir Richard Graves Mac-
DoQnell, and his first Ministry under Responsible
Government. ])ifFerenccs of opinion had arisen on
two imjjortant questions of colonial polic}', namely,
the collection of duties of customs on goods water-
borne on the River Murray, and destined for con-
sumption in the n(;ighboring colonies of New South
Wales and Victoria, and the ocean postal service
between Great Britain and South Austi'alia. The
reader cannot have failed to perceive that on both
these questions the views of the Ministry were at
variance with those of the Governor. The ultimate
decision lay with the House of Assembly, and the
verdict did not support the Government. It was
410 The Constitutional History of South Australia.
evident throughout the discussions that the Opposition
were in accord with the action of the Governor, both
in his public despatches to the Secretary of State and
in the course which he followed in his communications
with his Ministry. And yet the Governor did not
withdraw his confidence from tliem. Indeed he
professed to adopt their advice, as may be seen in the
following written communications which passed
between him and his Chief Secretary. On June IGth,
1857, the Chief Secretary, after consulting the Cabinet,
wrote to His Excellency — " His Excellency is recom-
mended to concur in the arrangement proposed by Mr.
Rowland Hill, as ensuring us an important benefit at
a cost equally divided between the colony and the
mother country. The objection of the Postmaster-
General applies only to the mode of accounting and
remitting, and should not be urged against Mr.
Rowland Hill's plan, as in exchange for the extra
trouble of accounting and remitting, this colony will
get a larger share of the postage than otherwise, since
registered letters will more frequently be sent from
England, than from hence to England. At all events,
if every colony makes objections of this kind, it will
be impossible to have a uniform system at home, and
without uniformity there must be increased cost,"
(Signed) B. T. Finniss, Chief Secretary." To this the
Governor replied — " I am sending by next mail a
reply to that effect, that this Government adopts the
sugo-estions of Her Majesty's Government. At the
The Constitutional History of South Australia. 411
same time I add a statement of the opinion of the
Postmaster-General here as to the simple expedient of
each office retaining the registration fees. (Signed)
K. G. M'D., July 2nd, 1857." The Ministry he°e, as
throughout the postal question, appear not to have had
the support of the Governor, and the effect of a
despatch from so high an authority, especially when
made known to the public, as all such despatches were,,
could only have a damaging and weakening effect
upon the Ministry, and encourage the Opposition in
Pax'liament to persevere in their objections to the
Government Bill, as is indeed evident when the debates
are consulted.
But there were other points in which it was
apparent that Sir Richard reluctantly yielded the
great prerogative of the Governor of a Crown colony.
His Excellency for some time continued the course of
sounding the views of his ministers individually
before his own intentions were formally expressed in
Executive Council and recorded. The system led to
much distrust, as members of the Cabinet were thus
led to form conclusions, and commit themselves to
opinions on the arguments adduced by the Governor,
whose personal qualities gave great weight to his
suggestions, and were difficult to resist ; whilst indi-
vidual members so appealed to were under the
disadvantage of not hearing such questions discussed
in open cabinet meetings, and thus learning the views
of their colleagues. To obviate this inconvenience.
412 The Constitutional History of South Australia.
which really struck at the root of Responsible Govern-
ment, the Ministry at a special meeting came to a
resolution " That no 'matter of j5it6Zic policy should
he discussed in Executive Council, unless previously
agreed on in Cabinet ; and that if the Governor
introduced any subject for consideration requiring
the united action of the Ministry, an adjournment of
the Executive Council should he moved ; " whilst the
minute further added, "that any written memorandum
referred to members individually by the Governor,
should he brought under the notice of the Cabinet by
the first minister to vjhom it ivas sent." The necessity
of such a rule as this became evident in a very short
time. Thus on May 2Srd, 1857, the Chief Secretary
received from Sir Richard MacDonnell a note in these
words — " My dear Sir — I send for your perusal (please
return them) two letters — one from Mr. Oppenheim,
about the Government House fittings and furniture,
which I confess is a great relief to my mind ; and the
other a note from Sir Henry Barkly himself. Last
mail brought me another from Sir William, who also
renews his often expressed wish to meet me and Sir
Henry Barkly together. I think some decision should
be come to at once on this point, as I shall not stir
unless the Ministry think it advisable for me to meet
them. It would occupy nearly three weeks of my
time. You will perceive with pleasure, I have no
doubt, that the great difficulty of getting the Victorian
Government to reconsider the Murray duties question
The Constitutional History of South Australia. 413
has been overcome, and I hope no further difficulty
will be made about accepting the offer of collecting the
duties according to the New South Wales tariff. But
I would suggest that if a Bill be introduced here, it
should legalise this Government's collecting any duties
imposed by either New South Wales or Victoria.
Yours truly (Signed) R. G. M'D." On May 26th, the
Governor sent to the Chief Secretary the following
note : — " I sent for my letter to you of the 23rd
instant, that I might learn how far you could
possibly have inferred from thence my desire either
to obtain advice from the Cabinet as to my meet-
ing Sir William Denison and Sir Henry Barkly,
or as to meeting them as a ' delegate ' on public
business, which the communication made to me
this morning on the part of the Cabinet would lead
me to suppose were subjects that I had begged you to
obtain their opinion on. I certainly perceive that in
my note I express my conviction that, in reference to
my meeting the Governors of the other colonies, I
thought an early decision should be come to ; but I
regret that it did not occur to you as a natural
inference that I could not have anticipated such a
subject being discussed without my having an oppor-
tunity of stating what the object or utility of such
conference might be. Without such opportunity the
advice of the Cabinet is much diminished in value,
wliilst their opinion as to the Governor acting as a
delegate is vvliolly irrelevant. I recognise no fetters
414 The Constitutional 'History of South Australia.
"binding the Governor of this colony which do not
equally bind Sir William Denison in such matters, or
Sir Henry Barkly ; and if my note, the envelope of
which was marked ' confidential,' and the tone and
tenor of which w^ere strictly so ; or if Sir Henry
Barkly's note was laid before the Cabinet, I think you
greatly erred in doing so, though acting with the best
motives. — Believe me to be, most truly yours (signed),
KiCHARD Graves MacDonnell."
Copy of enclosure in a private note to the Governor,
May 25th, 1857. — " Having, in accordance with the
wish of His Excellency the Governor-in-Chief, com-
municated to me on the 23rd instant, considered with
my colleagues the question of the proposed visit of His
Excellency to meet the Governors of the adjacent
colonies. His Excellency is not advised to leave the
colony in any offi'ylal capacity, for the following
reasons : — 1. The Ministry do not think that the terms
of the Royal Commission and Instructions contemplate
the departure of the Governor from the colony, and v
the consequent appointment of an Acting-Governor,
unless on some special emergency. 2. Under the new
Constitution considerable embarrassment and incon
venience would result if the Governor should act in
any public matter whilst absent from the colony with-
out the advice and consent of his Executive Council.
3. The position of the Governor of this colony is too
exalted to admit of his acting as a delegate in an}''
case when his acts must necessarily be subject to
The Constitutional History of South Australia. 415
discussion by the Legislature, and would have no
validity unless confirmed by that body. — (Signed)
B. T. F."
"With the advice and sanction of the Cabinet, the
following letter was sent to His Excellency : —
" Chief Secretary's Office, May 27tli, 1857.
" My dear Sir Richard — The remarks in your note referring to the
confidential nature of the communication which you addressed to me
on the 23rd instant require that I should be explicit and candid in
making my views upoQ such communications known to your Exc-'Uency.
It appoars to me thit there can be no confidence between a Governor
and the individuals of t'le Ministry, apart from the others, unless when
a change of Cabinet is in contemplation, or the subject is one not of
general conceramenb or policy. If it were otherwise the Ministry
would hi the mere iustrumeiits of the Governor, without a policy of
their ow 1, instead of being, as oar Constitution imports — a limited body,
giving effect, through their advice to him, to the popular will, which
they represent so long as t'-iey have the support of a majority in the
Legislature or in the country. Whilst on ray part 1 feel that it is not
consistent with tha united action of a Rasporisible Ministry, of which
I am regarded as chief, to have confidences in which they do not parti-
cipate on matters of public and collective concernment, I deem that on
their par: there should be a similar understanding ; and if I found-that
priv ite and confidential iutercjurse subsisted between any member of
the Ministry and your Excallency on matters of public policy, I should
consider that the public service would be seriously damaged by the
weakness and distrust which would be occasioned in the Government.
As to the important subject in your Excellency's note of the 23rd
inataut, which gave rise to my reference to the Ministry to aid me in
advising you— as I supposed in accordance with your expressed wish —
namely, your Excellency's contemplated visit to Melbourne— I could
have no doubt, from tie tenor of that note, that your Excellency desired
to have the opmion of the Ministry thereon at once. But had I not
regarded the intimation as a direct request to be early informed of the
views of your Govonmont through means of advic ', I should nevorthe-
iesB have felt it my duty, in justice to myself and the Ministry, upon
receipt of a communication conveying the information that your Excel-
lency contemplated a visit to Victoria to meet the Governors of the
adjacent colonies, to have ascertained, by reference to my colleagues,
and to have apprised yoa of the nature of the advice which would be
tendered to you on the subject, since otherwise my silence might lead
416 The Constitutional History of South Australia.
your Excellency to infer acquiescence or assent on my part and theirs.
It was the more important to place the views of the Ministry before
you, because previous verbal communications from your Excellency,
confirmed afterwards by what fell from you in Executive Council held
on the day of the date of my last note, namely, the 25th instant, led to
the conclusion that one of the objects of the proposed conference would
be the discussion of matters of public concern affecting the interests of
this colony. — I remain, &c. , &c.,
(Signed) " B. T. Finniss, C.S."
The Ministry by tliis time were fully alive to the
impetuosity of the Governor's temperament, and his
endeavors to take the part which he had always
asserted of acting on his own judgment and authority.
A meeting of the three Governors at such a moment,
when their powers were Constitutionally limited by
the operation of the Constitution Act which had
recently become law in all the Australian colonies
except Western Australia, could scarcely have been
merely a social gathering ; and the Ministry considered
it their duty, in the interests of Self Government, to
leave Sir Richard MacDonnell responsible for the issue
if he should persist in carrying out his intention of
proceeding to Melbourne. Public matters it was seen
would be discussed by the conference of Governors
without the advice of the Responsible Ministry to
assist Sir Richard in the result, and pledges and pro-
mises might have seriously embarrassed the Govern-
ment. Hence their action was prompt and decisive in
not advising the Governor to join the conference. But
as if to strengthen the power of the Governor in his
resistance to the working of Responsible Government,
The Constitutional History of South Australia. 417
Sir Richard communicated to the Cabinet the contents
of a despatch which he was addressing to the Secretary
of State, recommending that he should be empowered
to add to the numbers of the Executive Council, and
further susfgesting to the Home Government that a
change in the Royal Instructions would be required to
meet the altered condition of the Government in the
event of the death or absence of the Governor from the
colony. The Royal Instructions as subsisting at that
date devolved the administration of the Government
in such a case on the senior member of the Executiv^e
Council. Sir Richard contended in Executive Council
that as the senior member of the Executive Council
would, under the Constitution Act, be now a party
leader, owing his position to the suffrages of an elec-
toral body, it was no longer expedient that the rule
should continue in force. Accordingly he made sug-
gestions to the Secretary of State proposing that Her
Majesty should make other provision for the appoint-
ment of an Acting-Governor in any case required.
Although the latter of these questions was an Imperial
one, it was also important in its bearing on colonial
interests. The proposed power of adding to the
Executive Council other individuals than those ex-
pressly mentioned in the Constitution Act was a glaring
attempt to neutralise self government. The Chief
Secretary therefore considered it his duty to take action
on these two points, and accordingly applied to Sir
Richard for a copy of the despatch in ([uestion.
27
418 TTie Constitutional History of SotUh Australia.
In reply to this application the Chief Secretary
received a note from Sir Richard in the following
words : —
" Government House, Jiily 22nd, 1857.
"My dear Sir — I fear that it will be physically impossible for my
private secretary to make copies of my despatches for either the
Government Printer or the use of members of Executive Council —
otherwise I am most desirous of affording you and the members of the
Ministry ample information as to my communications to the Secretary
of State. I have already told you that you can always see my
despatches at my office. I see no other plan to adopt in reference
to your present request than to summon an Executive Council for
Saturday forenoon at 11 a.m., and refer the matter again to the
Executive Council, when the draft despatch, written the same day
as our last Executive meeting, will be raised and made legible and laid
by me before you ; and, seeing the importance of the questions, I shall
probably best consult my duty by leaving the CoiTucil to deal with it as
well as with other questions, though I am as stongly as ever of opinion
that the advisers of the Governor ought not take on themselves, as a
body, officially to advise the Queen as to whom Her Majesty may select
to represent her in any part of the British Dominions.
" Believe me, very truly yours,
" EICHA.RD Graves MacDonnell.
" P.S. — I perceive you make a mistake as to despatch read by me in
Executive Council. It referred to the constitution of that body and
not to the administration of the Government."
" The Hon. B. T. Finniss."
To this note on July 23rd, the Chief Secretary
•wrote : —
" My dear Sir Richard — I presume the meaning of your note of
yesterday is not to object to my having copies of any despatch which
may enable your Government to know what is officially passing
between Yoiar Excellency and the Home Government on subjects
affecting the interests of the colony, but simply to inform me that the
private secretary cannot make copies of these despatches, having too
much to do. The mere perusal of any despatches which may be put
into my hands at Government Hoiise would not enable me to derive
the information I might seek. I cannot, therefore, suppose that Your
Excellency intends otherwise than that I should find the means of
copying the despatches. I have accordingly sent Mr. O'Halloran, a
confidential clerk in my office, to whom, under secrecy, is specially
Tlie Constitutional Sistory of South Australia. 419
intrusted the copying' of confidential documents, to obtain from the
private secretary permission to copy any despatch which you may have
written to the Secretary of State on the subject of the provisions in
the Eoyal Commission or Instructions. My object in writing yesterday
for a copy of the despatch which you proposed— as stated in Executive
Council — to address to the Secretary of State on the subject of an
alteration in the mode prescribed of providing for the tem^jorary
administi-ation of the Government during the absence of the Governor-
in-Chief was to enable me to consult with my colleagues in the Ministry
and to address the Secretary of State personally, which, as an
individual in or out of office, I am expressly permitted to do with
reference to Your Excellency's proposed plan. Being in office I have
special reasons for making that communication by the same mail as the
despatch ; and, therefore, if the despatch is not written I shall be glad
to know when it is in a state to be copied. Mr. O'Halloran can also
now — if Your Excellency is prepard with a draft— make a copy of
the despatch proposing an addition to the Executive Council. As it
appeared to me from my recollection of Your Excellency's remarks on
the draft which you read, that, if made in the mode and to the extent
proposed by Your Excellency, the working of Responsible Government
might be seriously obstructed, I am desirous of considering it well.
"(Signed) B. T. Finniss, Chief Secretary."
On July 24th the Governor writes also : —
" My dear Sir— Having promised a copy of the despatch on the re-
constitution of the Executive Council, read at our last meeting, for the
use of the Ministry, Mr. Paisly has made a legible copy of the draft
for that purpose ; but to save time I forwarded it this forenoon to the
Attorney-General that he might make any suggestions he thought
proper as to my interpretation of the legal effect of portions of my
commission and instructions. I did this because I think it probable I
might alter the draft at once on his suggestion, so that the Ministry
might the sooner have before them the draft I propose sending. He
has it now and can show it to you. For the same reason I \vish to read
the draft of my despatch touching the administration of the Govern-
ment at Executive Council next Saturday ; for it is possible that sug-
gestions offered by the members may lead to an alteration of the draft
in many particulars ; therefore a copy of it in its present state might
be a copy of something which I might finally not wish to send, and so
you would be misled. You need have no apprehensions, however, of
my not forwarding any remarks you may wish to make by the same
mail as that carrying my own despatch, for I shall hold hack the latter
expressly to accommodate you.— Believe mo to be, &c., &c.,
"(Signed) Richard Gkavks MacDonnell."
27 a
420 The Constitutional History of South Australia.
Again the Governor writes under date July 31st : —
" My dear Sir — Don't forget to let me have a duplicate and triplicate
of your memorandum on the proposed alterations in the Royal Instruc-
tions, as I fear we shall be greatly hurried in my office. — Yours truly,
"(Signed) Eichard Graves MacDonnell."
Again Sir Richard writes : —
" Government House, August 4th.
"My dear Sir — I find the despatches about the alterations of the
Governor's Commission and Instructions were forwarded by Mr.
Torrens to you. I am very anxious that they should pass through the
hands of the members of Executive Council as speedily as possible, for
there will be difficulty to have them revised and copied for next Satur-
day's mail. I may mention that I have not received the duplicate and
triplicate of your memorandum on those despatches.
"(Signed) Richard Graves MacDonnell."
" The Honorable B. T. Finniss."
In reply to these notes, and to the despatches of Sir
Richard MacDonnell to the Secretary of State, the
Chief Secretary wrote as follows : —
" Chief Secretary's Office, Adelaide, July 28th, 1S57,
" Sir — I have been honored with a perusal of the draft despatches of
your Excellency dated, respectively, July 17th and July 20th, instant,
on the subject of certain alterations suggested to the Secretary of State
in the constitution of the Executive Council, and in the mode by which
the government of the colony should be administered in the event of the
death or absence ot the Governor-in-Chief. It is my desire that this
letter should be regarded as my protest against any alteration in the
Koyal Commission or Instructions on the principles recommended by
your Excellency, and I accordingly have the honor to request that
copies may be transmitted to the Secretary of State as enclosures to
those despatches. My reasons for dissenting from the course advised
by your Excellency, and to some extent concurred in by the other mem-
bers of the Executive Council, are briefly these : — With respect to any
increase in the Executive Council, it is to be observed that no addition
to the number of official and responsible advisers of the Governor, who
are designated in the Constitution Act as the persons holding the offices
of Chief Secretary, Attorney-General, Treasurer, Commsisioner of
Crown Lands and Immigration, and Commsisioner of Public
Works, can be made without an Act of the Parliament of
South Australia. Although it may hereafter prove desirable,
The Constitutional History of Sotdh Australia. 421
with a view of strengthening the Government in both Houses, to add
to the Ministry there is no present intention on the part of your
Excellency's Government to introduce a measure for that purpose, or
to propose such a step to your Excellency ; and when it may be deter-
mined no alteration in the instructions would be requisite, since the Act
creating any office a ministerial one, would at the same time make the
holder a member of Council ex officio. The proposal can only, therefore,
have reference to the power of appointing non-official advisers to seats
in the Executive Council. This power would, I think, operate to
damage and obstruct the working of Responsible Government, by
giving the Governor the right to such advice from members of the
Government not directly responsible for the conseqtiences ; for having
no office to lose there could not be that degree of responsibility which
is intended by our Constitution, and which invests the possession of
powers with the obligation to surrend it when the Ministry does not
work in harmony with the Legislature. It could not conduce to
strengthen a Ministry, and it could not be fair to them to have their
intentions liable to be thwarted by non-official advisers, whose position
could not be seriously affected by any defeat in Parliament. If such
a power of appointment were given to your Excellency, 1 cannot con-
ceive any condition under which, if I were in office, I should feel it
prudent to recommend its exercise in favor of any individual whom-
soever ; therefore I deem it an unnecessary power to give to your
Excellency. "With respect now to the next question, namely, the
person by whom the affairs of this colony should be administered, in
the event of the death or absence of the Governor, I again beg to
record my protest against any change in the terms of the Royal Com-
mission. I do not share in the doubts of your Excellency as to the
person on whom would devolve the Government of the colony in either
of the cases contemplated. I should, undoubtedly, assume such a
position myself, as the senior member of the Executive Council, and I
should, when I ceased to hold office, regard my successor in the post
of Chief Secretary, as the person next entitled to that honor. Nor do
I concur in the view which would render the possession of the confi-
dence of the Legislature, and the election to a seat in the local
Parliament as a disqualification to act as Governor. It being said that
the Chief Secretary is now a party man, is only what was true of every
Governor who administered the Government of any colony before the
abolition of nominees in the Legislature and the establishment of
Eesponaible Government. Every Governor was then of necessity a
party man, and was frequently the head of that party which repre-
sented the minority in the country, as the many memorials of colonial
grievances amongst the records of the Colonial Office in Downing-
fitreet can testify. Hence the mere fact of being a party loader cannot
be a valid cause of disfjualification. But on the other hand the fact of
422 The Constitutional History of South Australia.
being a party leader having the confidence of the Legislature, must
operate both to secure harmony between the Government and the
country, and to promote the interests of the public by placing a man
in the possession of the highest power, who had shown by his
possession and retention of political power that the administration of
Government would fall into the hands of an experienced and capable
person. And it would be an additional advantage, that in the event of
the elevation of the Chief Secretary to the post of Acting Governor,
the Ministry would, if reconstructed, still be formed from that party
to which he belonged. The appointment would rest with him, and he
would have every motive to continue in power that party which then
possessed the confidence of Parliament. I do not propose to argue
against the extreme views taken by your Excellency when you assume
' that it might happen also that when called to administer the Govern-
ment by virtue of his position, his ostensible claim thereto as Chief
Secretary might be about to expire,' seem to apply a remedy equally
extreme with the argument, the Governor would have it in his power at
the last moment, if he doubted the fitness of the person then holding
the office of Chief Secretary, to assume the administration of the
Government from the above or any ot'.ier cause, to remove him from
office, and substitute a more suitable parson in his place. But not to
pursue this point further, I have now, in conclusion, only to observe
that the military force in South Australia consists of a captain's guard,
or company, having on its staff a major commandant. I do not think
that military men, not of superior rank, and not experienced in civil
affairs, would be so likely to continue the harmonious working of the
system of Government established in these colonies under the new
Constitutions, as an individual who must, in order to become Chief
Secretary, have had considerable experience in the conduct of civil
business, and must also possess the confidence of the Governor, who
selects and appoints him for the office, either from the whole colony
over which he may cast his view in making his choice, or from the
Legislature. In either case it cannot be said that the Governor's
choice would have any restriction but that of fixing upon some
indivividual in whom the country had confidence— in my opinion no
indifferent recommendation.
(Signed) " B. T. Finniss,
" Chief Secretary.
" To His Excellency Sir E. G. MacDonnell, C.B.,
" Governor-in-Chief."
On reviewing the correspondence it is apparent that
Sir Richard MacDonnell could not divest himself of
the idea that he was the responsible head of the
The Constitutional Sistory of South Australia. 423
administration, and that his powers had suffered no
diminution under the operation of the Constitution
Act. He used eveiy means which his position gave
him to weaken the effect of Responsible Government.
In his despatches in which, although professing his
willingness to place them at the disposal of his
Ministry, he seems to have forgotten that he was
bound, as a Constitutional Governor, to receive and
support the views of his Ministry as long as he retained
them in power, and to communicate nothing to the
Secretary of State on any political question without
their advice and concurrence, and with their full
knowledge of the tenor of his correspondence on
matters affecting the government of the colony. Yet
it will be seen that he really exhibited reluctance to
make his Ministers acquainted with his reports to the
Secretary of State, and that when he could not avoid
this obligation he evaded it under various specious
pretexts. Indeed, his Cliief Secretary never felt
confidence that he was made acquainted with all that
passed in correspondence with the Home authorities,
or that despatches placed before him were finally
transmitted. Sir Richard sowed distrust in the Cabinet
by presevering in communicating important despatches
to ministers individually, and that distrust tended to
emasculate Responsible Government and ultimately
led to a divided Cabinet, which was wliat he seems
to have aimed at, acting on the maxim well known to
kingcraft, " Divide et impera." His last attempt was
424 The Constitutional History of South Australia.
to strike a deadly blow at self-government by his
recommendation to the Secretary of State to empower
him to increase the Executive Council in defiance of
the Constitution Act which, from a strong motive,
limited and defined the nature of the Executive
Council as originally constituted in Crown Colonies,
so as to make the Government the servants instead of
the masters of the Legislature. But Sir Richard had
a strong party who upheld his views and who, after
the establishment of Responsible Government and the
vesting the power of the purse in the House of
Assembly — dreading the power of Democracy, were
content with the despotism of a Governor rather than
trust to the power of a self-governing community.
The Conservatives, as I shall call the party, took up
their position in the Upper House, and did not scruple,
when occasions offered, to exhibit their proclivities even
to the destruction of Responsible Government. The
speeches of the Conservatives in the Upper and Lower
Houses exhibit either a want of knowledge of the mean-
ing of Responsible Government or a dislike to the power
which it gained at the expense of the Crown
prerogatives and a secret apprehension of the perils of
capital in its relation to universal suff'rage. The contest
between the House of Assembly and the Legislative
Council for the power of the purse brought matters to
a crisis, and saved Responsible Government from the
subtle antagonism of Sir Richard MacDonnell, which
was entirely concealed from public knowledge and the
The Constitutional History of South Australia. 425
open hostility of the Conservatives intrenched in the
Legislative Council. The resignation of the first
Ministry had long been foreshadowed, and assisted to
promote the success of Responsible Government by
opening the eyes of ambitious and able men to what
was passing behind the scenes when the doors of
office and mystery, thrown open to their view, disclosed
the dano^ers that beset their free constitution and left
the chariot of the state to their guidance. The
weakness of the first Ministry was apparent from the
very first. It was composed of incongruous elements.
High-reaching ambitions were ready to grasp the
reins of power and self-interest discerned iu the
distance the inviting fields of place and patronage.
Thus there was no coherence in the first Ministry.
The members of Parliament had not yet adopted the
system of party government, for there were no party
cries to disturb the general political atmosphere. In
despoiling the Crown of its prerogatives the two
Houses of Parliament became at peace with the
Governor, and had not yet learned that the destinies
of the country were in their hands, but could only be
successfully administered and promoted by a Ministry
of able men wlio must needs be supported by a
majority willing for a time to forego the ])ursuit of
power and sufii'er individual opinions to be moulded
into the shape of general principles, till the fulness of
time should open to them the rewards of honorable
ambition.
CHAPTER XI.
Continuation of the rule of Sir Eichard Graves MacDonnell — Completion
of elections and meeting of the first Parliament — List of members
returned in appendix with copy of Constitution Act — Governor's
speech — Mr. John Baker the leader of the Conservatives — Tonnage
Duties Repeal Bill introduced on the first day of business — Passes
aU its stages in the Assembly and is sent to the Legislative Council
— Amendment by the Legislative Council and return of the Bill as
amended — Question of the powers of the two Houses as to Money
Bills arises — Governor interposes in the discussion of the Standing
Orders — Chief Secretary advises that it is a breach of privilege —
Legislative Council address the Governor to obtain the opinion of
the Law Offices of the Crown on the privilege question — Governor
advised that it woiild be unconstitutional — Defeat of Mr. Finniss's
Ministry — Their resignation — Mr. Waterhouse sent for, but unable
to form a Ministry — Mr. John Baker's Ministry — Governor's
minute on Mr. Finniss's resignation — Mr. Finniss gives his expla-
nation of the proceedings on his tender of resignation — Mr. Baker's
Ministry resigns— Mr. R. R. Torrens succeeds in forming a new
Ministry — His defeat by a vote of censure and the appointment of
Mr. Hanson's Ministry — They settle the privilege question — The
Real Property Act — Close of first session of Parliament.
rriHIS chapter will be devoted more especially to
-'- the events ai'isino- out of the action of the new
Parliament. The first South Australian Parliament,
composed of two elective Chambers, came into exis-
tence on February 2nd, 1857, by the issue of writs
for the election of its members, when the old form of
Legislative Council, in which the members were only
partly elective under an ordinance (No. 1, of 1851)
passed on February 21st, of that year, ceased to exist.
The Constitutional History of South Australia. 427
The elections were completed on March 9th, 1857, and
the two Houses met for the despatch of public business
on April 22nd, 1857. This Parliament continued in
session until January 27th, 1858, when it was prorogued
for the recess. The number of members consisted of
eighteen elected to seats in the Legislative Council,
and thirty-six in the House of Assembly. Each
member of the Upper House was entitled to be called
the Honorable as soon as he was elected to his seat.
I shall not lengthen this chapter by reciting the names
of members, although they are justly entitled to be
recognised in any history of South Australia ; but
their names, the districts they represented, and a copy
of the Constitution Act of October, 1856, under which
they derived their honors and authority, will be
printed in the appendix to this volume.* It is worthy
of note that the four members of the Executive
Council at the time of the passing of the Act, were
elected to seats in Parliament by large majorities,
showinfj that although so lonsf servino; the Crown in a
paid official capacity, they had earned respect and
popularity. I am assisted in my labors at this point
by having it in ray power to refer as occasion occurs to
the printed pages of an epitome of the debates in
Parliament, known as our colonial Hansard, the first
compilation of which was published in 1857-58. I
avail myself of the information it contains to recite
* See in appendix B.C.
428 The Constitutional History of South Australia,
the Governor's speech on the occasion of the opening
of Parliament, which, however, was not the first
business to be transacted. Each House of Parliament
was called upon to elect its President. The Legis-
lative Council unanimously chose the Hon. James
Hurtle Fisher to preside over their deliberations. Mr.
George Strickland Kingston, afterwards better known
as Sir G. S. Kingston, Kt., took the chair of the House
of Assembly as Speaker, by election. When the usual
presentations of these gentlemen had been made to his
Excellency the Governor-in-Chief, Sir Richard Mac-
Donnell opened the business of the session in an
address delivered from the raised dais on which he had
taken his seat in the chair of state prepared for the
occasion, in the Chamber of the Legislative Council.
Sir Richard Graves MacDonnell, C.B., first desired the
attendance of the members of the Assembly. On their
entry Mdth the Speaker His Excellency rose from his
seat and said : " Honorable Gentleman of the Legislative
Council and Gentlemen of the House of Assembly — 1. I
have assembled you for the dispatch of business thus
early in accordance with that provision of the Constitu-
tion Act which requires that you should assemble within
six months from the time of its proclamation. 2. I
am happy in being able to announce to you that the
present financial position of the province is highly
satisfactory — the revenue of 1856 amounting to four
hundred and fifty-six thousand pounds, together with
the available balance brought forward from previous
The Constitutional History of South Australia. 429"
years, have sufficed to meet all expenditure for the
service of that year, including that on account of
immigration, leaving a balance exceeding two hundred
thousand pounds, availaljle for the service of the
current year. 3. During the past quarter the proceeds
of the chief sources of revenue have so far exceeded
the moderate estimate of Ways and Means adopted
by the late Legislature as to afford assurance that a
balance exceeding one hundred thousand pounds will
remain to be appropriated, after defraying all liabili-
ties, as yet authorised on account of the service of the
current year. Gentlemen of the House of Assembly —
4. The details of these amounts will be submitted to
you with the Supplementary Estimates for the current
year at an early period of the session. Honorable
gentlemen and gentlemen — 5. That the sound financial
position of this colony is generally appreciated, is
evidenced in a satisfactory manner by the facility
with which Government securities are disposed of at
moderate premiums in England and the adjacent
colonies. G. It will also be satisfactory to you to learn
the following facts connected with our material
progress during the past year: — The population, as
nearly as can be deduced from previous returns, from
the difierence between arrivals and departures, and
from excess of Ijirths over deaths during the year may
now be estimated at about one hundred and nine
thousand souls. The land sold by the Govern-
ment during the year ended April 1st, amounted to
430 The Constitutional History of South Australia.
one hundred and eighty-eight thousand acres, and the
price realised to upwards of two hundred and twenty-
nine thousand pounds, whilst the quantity under
cultivation exceeded two hundred and three thousand
acres — of which wheat and other grain crops formed
more than one hundred and seventy-two thousand
nine hundred acres. The extent of Crown lands held
under leases comprises about twenty-four thousand
square miles, which is divided into four hundred and
eighty-five holdings, yielding an annual rental of
thirteen thousand three hundred and eighty pounds.
The foreign trade, as exhibited in the Customs returns
during 1856, shows the value of the imports for
consumption in the colony at one million two hundred
and five thousand and sixty-nine pounds, and the
value of the exports of the staple produce of the
colony at one million three hundred and sixty-four
thousand nine hundred and four pounds. Of this
total export the value of grain and flour amounted to
five hundred and thirty-four thousand seven hundred
and eighty pounds ; of wool to four hundred and
twelve thousand one hundred and sixty-three pounds ;
and of ore and metals to four hundred and eighty
thousand and forty-three pounds. I have much
gratification in calling your attention to the indications
of advanced prosperity furnished by the above analysis.
7. The repeal of the Act of Parliament which has
hitherto regulated the sale of the waste lands of the
Crown in this Province imposes upon you the task
Tlie Gonstitutional History of South Australia. 431
of forming a system for their future management, and
I have caused a Bill to be prepared for this purpose
which will be laid before you at an early day. That
Bill adopts the main features of the previous law as
regards the mode of disposal of the waste lands of the
Crown; but it prescribes no fixed appropriation of
these proceeds, leaving it to the Legislature, for the
time being, to determine, in accordance with the
varying wants of the community, to what objects
they shall be applied and in what proportion. 8. There
will, at the same, be laid before you a series of
resolutions embodying provisions designed to afford
encouragement to the nomination of immigrants by
persons settled in the Province, and the voluntary
or assisted immigration of suitable persons who may
arrive in the colony without aid from the public
revenues. These resolution will also contain, as an
important feature, a provision that the powers and
functions of the Land and Emigration Commissioners
in England shall henceforth be exercised by persons
responsible solely to the Government of this Colony.
9. With reference to the means of communication and
transport — so important in all new countries — Bills will
be laid before you providing for the amendment of the
system at present in force as regards main roads, and
for the extention of the present railway from Gawler
Town northward as far as Kapunda, and eastward
towards Guineracha as far as the base of the 1 tills.
The increaserl facilities and diminished cost of transit,
432 The Constitutional History of South Australia.
resulting from the use of railways and the saving in
the cost of roads which must otherwise be constructed,
appear fully to justify the proposed contention, while
the resources of the province are abundantly adequate
to meet any temporary burden which it may occasion.
10. Concurrently with these measures your attention
will be directed to a plan for developing the trade on
the River Murray, and securing to this province the
terminus of that navigation, by affording facilities for
the shipment of river-borne goods at Victor Harbour
in sea-going vessels. In connection with this trade I
have to inform you that the original arrangement
made with New South Wales and Victoria for the
collection of duties on all river-borne goods imported
into these colonies has been superseded on the part of
the Government of Victoria since March 1st last. I
have directed copies of the whole correspondence
connected with that subject to be laid before you, from
which you will perceive that the Governments of New
South Wales and Victoria propose to adopt in common
the taritf of New South Wales, and to collect the
duties under that tariff through the instrumentality of
a joint Custom house at the junction of boundaries,
unless the Government concur in adopting the same
tariff. The negotiations on this important point are
still pending, and there are grounds for belief that a
conclusion may ultimately be arrived at advantageous
to the common interests involved. 11. I have also
directed a Bill to be laid before you to authorise this
The Constitutional History of South Australia. 433
Government, for a limited period, to become a party
to the contract made by the Home Government
for the mail service to these colonies, and to
make arrangements for the branch service to this
province. 12. I have also directed to be laid
before you a Bill to amend the present education
law ; both with a view to the enlargement of the
present system and to its more effectual support.
This measure leaves untouched that principle of the
present law which declares that education shall be
based upon the Christian religion without doctrinal
teaching ; but it is intended to provide for the erection,
throughout the settled districts of the province, of
suitable school-buildings, and for the augrmentation of
the stipends of teachers ; and it provides for the cost
thus occasioned by the imposition of an education tax.
The details of this measure will, I have no doubt,
receive at your hands that attention which is due to
the importance of a system on which must mainly
depend the qualiff cations of the future generations of
the citizens of this province for self-government. 13.
Your attention will also be directed to a revision of
the Electoral Law, which has been found to be cum-
brous and costly in its present form ; and a Bill will
be submitted to you for applying a remedy to these
evils. 14. The present system of Responsible Govern-
ment umler which the Ministry is virtually appointed
by, and hohls office at the will of an Elective Legis-
lature, appears to have removed every ground for the
28
434 The Constitutional Ilistory of South Australia.
appointment of boards to perform various executive
functions, and appears to afford a fitting opportunity
for bringing under the direct and immediate control of
the Government several works which are now by law
placed under this machinery. I have, therefore,
directed Bills to be prepared and laid before you for
removing the Railway Commissioners, the Waterworks
Commissioners, the Harbor Trust, and the Central
Road Board, and for placing the undertakings now
carried on by their instrumentality under the direct
control of the Commissioner of Public Works, with
such assistance as may in each case be deemed neces-
sary. 15. Among the other important topics to which
your attention will be directed the reform of the law
will doubtless occupy a prominent place, and I have
directed vaiious Bills to be prepared and laid before
you bearing on this subject. They will include a Bill
to amend the law of real property, which will provide
for the distribution of landed property in cases of
intestacy in the same manner as personal property is
now distributed, and will simplify the evidence of title
by shortening the period within which actions for the
recovery of land may be brought, and will afford faci-
lities for settling doubtful or disputed titles ; a Bill
for amending the Insolvent Law ; and a Bill for
increasing the number of Judges, and enlarging the
sphere of duties of the Supreme Court, by providing
for the establishment of Circuit Courts. In conclusion,
and speaking for myself individually, I most sincerely
The Constitutional History of South Australia. 435
congratulate you on the enlarged powers of self-govern-
ment conferred on the community which you repre-
sent. The personal satisfaction which 1 experience at
thus meeting you on an occasion so auspicious as the
opening of the first Parliament of South Australia
wholly elected by the people, is much increased by the
confidence wuth which I anticipate a no less prudent
than energetic exercise of these extensive powers by
the representatives of the people. 16. Yet, whilst
relieved by the existing Constitution of much respon-
sibility which till lately had attached to my office, I
feel that a new and equally grave responsibility will
arise, whenever with time, between the representative
of the Sovereign and the people, it may become the
duty of the former to give the fullest Constitutional
development to the wishes of the country. That
responsibility I do not shrink from, satisfied that a
fearless and honest desire to act up to the liberal spirit
of the Constitution will always ensure the support of
a South Australian Parliament." This progrannne
could scarcely be carried into effect in its entirety by
the most practised Assembly ; but it expressed the
subjects on which legislation was urgently required.
And the events showed that the first Parliament of
South Australia, while it devoted nine months to
satisfy the wants of legislation, passed no less than
twenty public Acts in that time, many of them i-e-
quiring clear knowledge of public business in matters
affecting commerce, material progress, inniiigration,
28 a
436 The Constitutional History of South Australia.
management of the Crown lands, important law re-
forms, and finance. The financial year was changed
from the calendar year ending in December of each
year to the twelve months ending June 30th.
An Act to make provision for establishing a monthly
mail communication between the province of South
Australia and Great Britain struggled through more
than one administration to an unsatisfactory conclusion
on November 10th, 1857. On the 19th of the same
month the Murray Duties Act disposed of that vexed
question ; railway extension was carried from Gawler
to Kapvmda ; the electric telegraph system was im-
proved and extended ; and, finally, an inestimable
boon was conferred on the owners of land by the
passing of the Real Property Act, then known as
Torrens' Act. But of this more hereafter, I have
given the Governor's opening speech in full detail, as
it afibrds a valuable statement of the financial condition
of the colony at the time, and it also embraced
the whole policy of the first Ministry as represented
by the Chief Secretary, Mr. B. T. Finniss. The policy
of a ministry is based on the views of the majority in
the Legislature, and, therefore, when a statement is
made in Parliament it may be said to shadow forth
the opinions then in the ascendant. On this occasion
the Chief Secretary lay under the disadvantage that
the Ministry, individually, had neither been appointed
by Parliament nor selected by him. They were the
nominees of the Governor, and, perhaps, necessarily so
The Constihdional History of South Australia. 437
in the first inauguration of the new Constitution, as I
have elsewhere hinted. The members of the Ministry
were not new to office, whereas most of the members
of the Lower House were called to their seats by
constituencies who had no previous acquaintance with
political questions, whilst they themselves were, for
the most part, new men as legislators, and especially
wanting in that experience which teaches men how to
work tocrether for fjreat ends as indicated in the term
party government. To carry out these views and
this system successfully, individual members of the
Legislature must merge personal views and motives
and even local predilections and interests in general
principles affecting the community at large. They
must agree on questions of common interest and throw
in their individual weight to serve the common cause
of that party in the State whose views, in their
opinion, are directed to the general welfare, ignoring,
as secondary considerations, all others. In this way
only can Parliamentary Government subserve the
well-being of the whole community ; and in tliis
way only can a party majority direct the course of
legislation by supporting a Ministry representing their
common view. As I have said, the Assembly were,
for the most part, untried men ; yet, although untried
in the practise of party government and in following
certain leaders in wliom they may liave agreed to
place confidence, there were among them many able
men successful in mercantile and business transactions.
438 The Constitutional History of South Australia.
whose shrewdness made them clever debaters, and
whose experience in their previous line of life had
taught them to weigh and consider the advantages
and disadvantages affecting their own interests in
every speculative or commercial transaction in which
they might engage, and, through the exercise of sound
judgment, determine on which side the balance of
advantage lay. Henceforth, as legislators for the
common weal, they were called on to abandon the
principle of egoism as an exclusive rule of conduct
and to study the interests of the State, regarded as
a large firm of which they were the directors and
managers as well as shareholders in common loith every
individual in the community. In mercantile firms the
object is to gain a profit and increase capital through
the wants of the consumer at home and abroad ; that
is, the community and the foreign trader. In the
legislation and administration of statesmen, the profit
of the whole community is sought not in money value,
or revenue, but in promoting increased production
through the efforts of every able-bodied individual,
and for the gain of every individual in proportion to
their efforts to assist production — through the means
of capital, physical energy, or intelligence. The aim
of the statesman is to promote the material well-being
of every individual in the State, be he rich or poor.
The merchant is guided by the maxims of political
economy which have been carefully considered and
stated by Adam Smith in his immortal work called
The Constitutional History of South Australia. 439
" The Wealth of Nations." According to him, sympathy
and interest are the two great springs of human action.
His theory allows every individual, in the effort after
wealth or honor, to exert his powers to the utmost in
order to surpass his competitors so long only as he
does no injustice. John Stuart Mill considered that
every man was free to do as he pleased as long as no
one was injured thereby. There is coincidence in these
views of great writers. But in the doctrine of " The
Wealth of Nations " the axiom is completely asserted
that every one in pursuing his own advantage at the
same time furthers the good of all. Leading men in
the first House of Assembly openly advocated this
view. Its fallacy is, I think, self-evident. The miser
and the usurer, in pursuing his own interest, does not
advance the general good — the amount of the national
wealth is not therebv increased.
Political economy has hitherto done nothing towards
promoting schemes for the distribution of wecdth.
Herein has been its weakness as a theory of human
action ; and modern writers, like Henry George, have
pointed out this defect. Political economy in the past
has occupied itself with the question, hoiu tJoe greatest
possible quantity of luealth is produced; and not
with its distribution, upon which the happiness and
well-being of mankind are dependent. The commercial
and industrial statistics of most European countries
show, irrefutably, that an enormous development of
power and wealth is taking place, while the circum-
440 The Constitutional History of South Australia.
stances of the labouring classes show no decided
advance, and without the haste and greed of acquisition
in the propertied classes being in the slightest degree
moderated. I have alluded to egoism, or the rule of
individual interest, as the aspect under which mercantile
men govern their conduct in the pursuit of wealth,
and I have pointed to it as the leading maxim in
Adam Smith's theory of " The Wealth of Nations." It
has been followed out persistently, and the results are
apparent in the enormous increase in the development
of power and of wealth, side by side with the increase
of poverty and destitution amongst the laboring poor,
so graphically described by Henry George. The
remedy must lie in laws which favor the distribution
of tuealth by promoting the principle of " community "
(I do not mean communism, but rather co-operation),
jiot as opposed to egoism, but as taken in connection
with egoism compounded of sympathy. This is the
only method by which the comforts of the laboring
classes can be effected. Ethical questions have hitherto
been separated from the question of the material
advancement of the community. Regard has been had,
not to the form of the relations of possession, but to
the quantity and the commercial value of wealth.
The rule of action with the legislator should be
the bridling of egoism, the development of human
sympathy, and the predominance of common aims.
This, in a word, is natural moral progress — the
union of material and intellectual progress, with
Tlie Constitutional History of South Australia. i41
moral and ethical ends, whicli constitutes the highest
civilisation.
I have been thus minute in describing the class of
men who were elected to the House of Assembly, and
in assertincr certain maxims which should be followed
in lecrislation, in order to enable the reader of this
volume to determine for himself the nature of
Responsible Government as established b}- the Con-
stitution Act of South Australia, and to understand
its working in a community to whom the boon of
self-government was only recently conceded by the
Imperial Government. The Legislative Council was
composed of men who possessed, as well as represented,
a large stake in the wealth of the colony, who had
undergone a certain amount of training in legislation
during the proceedings which had followed on the
introduction of Repi-esentative Government, and who
had also contributed to shape the form which the new
Constitution assumed. The members of the first
Legislative Council were for the most part among the
wealthiest of the colonists, and had been largely
engaged in speculative and commercial pursuits. On
the inauguration of a Parliament composed of two
elective Chambers, they had, so to say, taken refuge
in the Upper House, where they felt secure in a long
continuance of power, and safe in their ability to
resist any encroachments on property which might be
originated in a larger and more Democratic assembly.
They were eminently Coaservative, and the tendency
44!2 The Constitutional History of South Australia.
of their political activity was to retard large public
works and undertakings, which would require loans of
foreign capital for their construction. This Conserva-
tive tendency was illustrated by the Honorable Mr.
Baker in the highest decrree. In the debate on the
Address in Reply to the Governor's Speech, he
indicated to a great extent the policy that would be
acceptable to hini. In Hansard he is reported to have
said — " He would caution the Ministry against being
too favorably impressed with the railway scheme,
merely because there was a large sum in the Treasury.
It was but fair that some part of the land fund should
be pledged for immigration purposes. Let that be
done, and let the necessary cost of Government be
deducted, and they might then see how much would
be left for railroads." " Much might be done for
various parts of the colony by tramroads economically
constructed, which at some future time might be con-
verted into railroads." In short, Mr. Baker was the
type of Conservatism. He objected to loans for
large public works. (See reports of his speech.) He
denounced railroads, advocated tramways, immigration,
and free distillation; and on the subject of education
he objected to State aid, on the ground that " he knew
tlie feeling of the country was against sectarian educa-
tion, and he did not see how, when State aid had been
taken away — finally, he presumed — from religion, it
could be accorded to sectarian education, or in other
words, to teaching children doctrines whicli they did
The Constitutional History of South Australia. 443
not understand, when it was not thought fit to aid in
teaching them to adults." The Honorable Mr. Baker
has passed away to his long home, and in singling him
out as the true type of the Conservative in South
Australia, I am alluding to a man of splendid abilities,
and of sufficient practical power to lead the debates in
the Legislature, as he undoubtedly always did. In
commercial questions he was an authority, as well as
in pastoral and agricultural pursuits, to which he owed
the wealthy position he subsequently attained. He
was always in opposition under Crown Government,
and carried the same principles with him on his elec-
tion to the first Legislative Council under the new
Parliamentary' system. His views, however, were not
dominant in South Australia, or in the House of
Assembly, where the Democratic element, long forming
in the country, prevailed. He undoubtedly led the
Upper House, both through ability and through the
participation of its members as a body in the Con-
servative principles which he advocated. But with
all these advantages he failed in his political aspira-
tions, since he could not succeed through the opposition
of the Democratic party in the Assembly in holding
office as Chief Secretary in a Ministry formed shortly
aftor the resignation of the first Ministry, nor at any
time afterwards. More than half of the elective members
who had taken part in the deliberations in the old
form of Government before the inauguration of the
new Constitution had obtained seats in the new Legis-
444 The Constihttional History of South Atistralia.
lative Council ; and as they were of the Conservative
jmrty, there were two distinct Houses of Parliament,
representing two distinct classes of politicians. In the
Lower House their weight would have been felt ; but
they would, in questions of finance and political privi-
leges, most probably have formed tlie minority, con-
trolled by a more popular majority. But entrenched
as one compact body in the Upper House, their power
was irresistible ; and they could, had they chosen, have
stayed all loans for reproductive works and all addi-
tional taxation by absolutely rejecting Bills for such
purposes. As representing in reality and by election
the propertied class, they passed all measures tending
to the improvement of property ; and, when the day
of reckoning came, they refused their assent to the
legislative measures by which an extensive loan system
could alone be justified and sustained. In a word,
they brought about a reform of their own body which
if resisted would have paved the way to more serious
results. They have even consented in late times to
bear the chief burden of taxation by passing an Act to
establish direct property taxation in which they have
yielded to the democratic sentiment prevailing through-
out the country, and acknowledged the maxim of the
sovereignty of the people, so distasteful to the ultra-
Conservative.
I may now return to the more immediate purpose of
this chapter which has relation to the proceedings of
Parliament as a whole, and the mode in which Respon-
The Constitutional History of South Australia. 445
sible Government operated in producing results imme-
diately beneficial to the country. It must be evident
to anyone who consults the records and published
debates in both Houses of Parliament that the first
Ministry, composed, with one exception, of the old
official nominees of the Crown, was not popular in the
Legislature. Mr. Finniss, Mr. Hanson, Mr. Torrens, and
Mr. Charles Bonny represented the Ministry in the
House of Assembly, and the Honorable Mr. Davenport
in the Legislative Council. As a whole the Ministry
had not earned their position by the formation of any
party in the Legislature whose views they represented.
The members of Parliament called together in first
session, on April 22nd, had held no meetings to ascer-
tain their own general views and proflTer support to
the present Ministry or any other. In times past the
Ministry had not formed a portion of the elective
members, whose views and freedom of debate were
secure in the hands of free constituencies and a free
Parliament ; on the contrary, they had been nominees
of the Crown, bound by their tenure of office to pro-
pose in the Legislature, and support by arguments and
votes, the policy of the Governor and of Downing-
street. When confronted Avith the elected members
un<ler tlie partial representative system lately intro-
duced, they but formed part of a transition Govern-
ment, gradually passing into the hands of the people
themselves, and were yet restrained l)y tlie absolute
power of the Governor from expressing their own free
446 The Constitutional History of Sotdh Australia.
sentiments in the free language of debate which a
Constitutional Legislature permits and even enjoins.
In this respect their powers of usefulness were neu-
tralised by the reticence and restraint imposed upon
their knowledge and acquirements. They were in a
different position from the advocate in a court of law,
since he is responsible to no one for the course he
takes and the arguments he uses in defence of his
client, whereas the words of the official nominees of
the Crown were jealously watched and reported to the
Governor. This system of restraint was carried into
effect eveji after the introduction of a partial represen-
tative form of Legislature. This forcing of results
practised in absolute Governments is understood in
such cases, and leads to the blind adulation of power,
when circumstances render resistance dano-erous or
impossible, as in infant communities, but frequently
gives rise to reckless opposition to useful measures and
to the lowering in public estimation of the system of
nomineeism. This feeling in South Australia prevailed
during the rule of its earliest Governors and became
intensified in the year 1853. The effect of this senti-
ment was apparent in the constitution of the first
Ministry. It soon found expression in words, and in
the debate on the Address Mr. Waterhouse said : —
" With regard to the abolition of Boards, he would be
happy to see that effected when they had a really
Kesponsible Government, and not, as at present, the
same old officers who formed the irresponsible Govern-
The Constitutional History of Soioth Australia. 447
merit." The programme of the Ministry, based on the
requirements of the community and on the wishes of
the elective members, as far as these could be o-athered
from debates in the former Legislature, was set forth
in the Governor's Speech on the opening &f Parliament,
no other opportunity having been afforded to the
Ministry of declaring their policy since Parliament
assembled on April 22nd, and the writs were returned
on March 2oth. This was another disadvantage under
which Mr. Finniss as Chief Secretary labored. It was
soon evident that no parties had been formed in the
HoiLse of Assembly either to support or oppose the Go-
vernment. There were many leaders of opposition having
each a small party of followers. But there was no
concert among these sections to work on any particular
plan. Each leader had his own views. Under such
circumstances the Ministry were met by a sort of
guerilla warfare, each section arguing independently
without apparent regard to consequences. Before the
debates on the replies to the Governor's speech had
been brought to a close the Chief Secretary laid on
the table a Bill to provide for a monthly steam
communication with Great Britain, by enabling South
Australia to become a party to the existing contract
with the other colonies. This was read a first time,
aini the second reading made an order of the day for
the following Tuesday. It will be recollected that the
Treasurer, on a visit to Melbourne, had pledged the
Ministry to this step as the only condition on which
44S The Constitutional History of South Australia.
the Melbourne Government -svould permit the transit
of the South Australian mails by the contract steamers,
and this pledge was now sought to be redeemed by
the Chief Secretary. But a Bill, however — the Tonnage
Duties Repeal Bill — had been previously laid on the
table by the Treasurer, Mr, Torrens, on April 22nd,
the very day of the meeting of the Assembly. It was
read a first time and ordered to be read a second time
on April 28th. On April 30th the Treasurer moved
the second reading of this Bill for the " repeal of
tonnage dues and to authorise the leasing of wharf
frontages at the North-parade, Port Adelaide." The
motion was carried without a division, and the Bill
went into committee. After passing in all its stages
in the Assembly it was forwarded in tlie usual course
to the Legislative Council, and by them returned
amended, on June 9th, to the House of Assembly. A
question of privilege now arose, which led to long
discussions in both Houses, which I shall consider in a
separate chapter, as it involved the construction jAit
upon the Constitution Act with respect to Money
Bills, and resulted in a collision between the two
Houses. For the present I shall only refer to the
resolution passed unanimously ia the Assembly, and
communicated by message to the Legislative Council,
as follows :—•'•' That the Bill passed by the House
entitled, 'An Act to repeal the tonnage duties on
shipping, and to authorise the leasing of the wharf
frontage at Port Adelaide known as the North-parade;'
The Constitutional History of South Australia. 449'
which was forwarded on May 12th last to the Legislative
Council for their concurrence, having been returned to
this House with amendments modifying the Bill in an
essential principle, this House requests the Legislative
Council to reconsider the Bill, inasmuch as it is a
lireach of privilege for the Legislative Council to
modify any Money Bill passed by this House "
(see parliamentary debates June 10th, 1857, p. 2o0).
Now this (question of privilege was said, especiallj^
in the Lea'islative Council, to have been raised
by the Ministry of the day, with the object of
provoking a collision between the two Houses. One
member of the Council who took the lead in opposing
the Tonnage Duties Repeal Bill, did not scruple to say
that he really fancied the Government seemed to desire
a collision between the two Houses, but this very
member (Mr, Baker), in a previous debate on June
2nd, had expressed the belief that " he thought it
better to make a stand upon the first Bill that was
sent up t(j them, for if they passed one in an
objectionable form the subsequent difficulty would be
increased." If then, in the opinion of the honorable
member (piotcd, the Government took their stand on
the first breach of privilege that affected the powers
of the two Houses, were they not acting, according
to his showing, in a judicious manner ? The same
member, in the debate on June 17th, 1857, asserted he
had a right to assume that the message of the Assembly
returning the Tonnage Duties Bill to the Legislative
29
450 The Constitutional History of South Australia.
Council was the premeditated act of the Ministry,
because it was the only question of policy in which
the Government had acted unanimously. The Bill,
however, never proceeded farther, and does not appear
on the statute book of that year. As I have alluded
to the question of privilege it is fit that I should
mention that in the Constitution Act there are two
clauses which relate to the standing rules and orders
and privilege, the 27th and the 3oth. The first has
reference more immediately to the standing orders,
and it provides for their consideration at the first
sitting of each House respectively. The second, the
35th, relates more especially to the passing of an Act
to define the privileges, immunities, and powers to
be exercised by the two Houses respectively. In
pursuance of the 27th clause a resolution was proposed
by Mr. Blyth, and agreed to in the Assembly on April
22nd, that the standing orders of the late Council be
in force until new ones be decided upon. In the
Legislative Council a similar resolution was proposed
on April 28th ; the Honorable Mr. Davenport at the
same time made the remark that new standing orders
would be necessary, as those in use by the late Council
would not meet the requirements of the House as
at present constituted. A committee was therefore
appointed to frame new standing orders. No steps
were taken in either House to prepare a Bill under
the 35th clause of the Constitution Act to define the
powers and privileges of the Houses of Parliament ;
The Constitutional History of South Australia. 451
there were other measures of more pressing importance
to be first considered.
It has been stated that the Governor's opening speech
embodied the policy of the Ministry owing to the fact
that the Parliament, not being in session at the time of
their appointment, no earlier opportunity had presented
itself for making known to the Legislature the measures
which they proposed to introduce for the consideration
of members. Their tenure of office, as will be seen, ter-
minated on August 12th, and reference to the Parlia-
mentary Records shows that not one of the numerous
measures proposed by them became law before Novem-
ber 10th, 18o7, although most of them were adopted
by Parliament before the prorogation on January 27th,
1858, Thus the following Acts were passed during
the first session of the first Parliament, viz.: — 1. An
Act for establishing a monthly mail communication
between the province of South Australia and Great
Britain. 2. An Act to regulate the collection and
distribution of duties upon goods intended for con-
sumption in New South Wales and Victoria carried by
way of the River Murray. 3. An Act to make pro-
vision for levying a charge on Chinese ari'iving in
South Australia. 4. An Act to authorise the appoint-
ment of an Emigration Agent, and to encourage and
rc'-'ulate immi'n-ation into the province of South Aus-
tralia. •"). An Act to authorise the raising of a further
sum of £73,000 for the completion of the Adelaide
and Gawler Town Railway, &c. 0. An Act to repeal
29 a
452 The Constitutional History of South Australia.
part of an Act to provide for the water supply and
drainage of the City of Adelaide, and to alter the sum
of money by the said Act directed to be set apart in
every year. 7. An Act to repeal certain Acts relating
to the election of members to serve in the Parliament
of South Australia, and to provide for the election of
such members. 8. An Act to amend and consolidate
the laws relating- to insolvent debtors. 9. An Act to
simplify the laws relating to the transfer and encum-
brance of freehold and other interest in land. On the
termination of the session the Speaker reported that
twenty public Bills, initiated in the Assembly, had
passed both Houses of Parliament.
Having referred to two subjects which are in direct
connection with the histor}- of Responsible Govern-
ment, namely, the resignation of the Ministry and the
privilege question between the two Houses, it has been
necessary to introduce the foregoing statement to
enable the reader to have before him, without reference
to public documents, such information as may enable
him to form conclusions on the working of a system
begun in 185G and continued to the present day. Not
having it in my power to state, except problematically,
the cause of the disruption of the first Ministry, I have
felt it the more necessary to place all the facts I could
collect before the reatler without comment, trusting:
that they may be found useful in tracing through later
times the working of self-government in a province
numbering 320,000 inhabitants who can now appeal to
The Constitutional History of South Australia. 453
the experience of thirty years' duration. The Ministry
of Mr. Finniss found it necessary to tender their resig-
nation to the Governor within less than four months
of Parliamentary experience, since they were left in a
minority on several occasions when they attempted to
carry on important public business. There was no
cordiality in their relations with the Governor, to en-
courage them to proceed in their endeavors to over-
come Parliamentary opposition, which was most decided
in the Upper House. In illustration of these remarks
I cannot omit to state that, as no time or opportunity
had been afforded for the preparation of Standing
Orders adapted to the new circumstances of the division
of the Legislature into two separate Houses, the House
of Assembly adopted the Standing Orders of the old
Council. But events soon showed their insufficiency
to irovern the relations between the two Houses. The
Chief Secretary, therefore, on July 2!)th took occasion
to propose some alterations, which he expressly stated
" were 'merely preceding a yenercd revision wliicli he
said would he made at an early day" (See P. Debates,
p. 440.) As the Governor-in-Cliief Sir Richard Mac-
Donnell took a lively interest in all Parliamentary
proceedings, His Excellency sent the following memo-
randum to the Chief Secretary : — " Mr. Finniss — I
perceive from the public journals and tlie votes and
proceedings of tlie House of Assembly, that both
branches of the Legislature have been engaged in
forming Standing Orders, and that you have been
45-i The Constitutional History of South Australia.
proposing various alterations in those orders, &c. It
is desirable that I should understand whether these
Standing Orders are those contemplated by the 27th
section of the Constitution Act, and which are ' to be
laid before the Governor, and, being by him approved,
shall become binding and of force.' As the Standing
Orders in question will regulate, amongst other mat-
ters, the presentation of Bills to me for Her Majesty's
assent, and in various particulars may concern the
discharge of duties appertaining to my office ; and as
more especially the plain law of the colony is that they
be laid, before the Governor for his approval, I wish to
be informed why that provision has not yet been
complied with — whether because the Standing Orders
are not completely drafted, or for any other cause.
(Signed) R. M'D. August 4th."
In reply to this memorandum the Chief Secretary,
after consulting his colleagues, sent the following
minute : — " The memorandum of the Governor-in-
Chief is one which can only be officially answered by
the House of Assembl}^ which prepares its own stand-
ing- orders. But as a member of the House I am
enabled to inform the Governor-in-Chief that the
standing orders now governing the proceedings of the
House have only been provisionally adopted by the
House pending the grave consideration which they
will require before being presented to the Governor for
approval. This, I understand, is the reason that would
be given by the House of Assembly. — (Signed) B. T.
The Constitutional History of South Australia. 455
FiNNiss, Chief Secretary, Aug-ust 5th, 1857." Agam,
the followinor motion was moved and airreed to in the
Legislative Council on August 4th, 1857, and for-
warded to the Governor : — " That an address be
presented to His Excellency the Governor-in-Chief
requesting him to cause to be obtained and laid upon
the table of this Council the written opinion of the
Attorney - General and Crown Solicitor, with the
reasons and ground for their opinion as to the extent
or limit of the powers of this Council under ' the
Constitution Act ' to alter, vary, or modify any money
Bill which shall be originated in and passed by the
House of Assembly, and transmitted by that House
to this Council for its concurrence ; and as to whether
except as regards the first introduction of the Bills
mentioned in the proviso, in section 1 of that Act, the
powers of this Council in reference to those Bills are
not coextensive with the powers of the House of
Assembly, or whether there is any and what difference,
and how such difference, if anj^, is created. And also
as to the proper definition of the term ' Money Bill,'
within the meaninir of the Constitution Act, describins:
what particular Bills are Money Bills, and which, as
such, require to be originated in the House of Assembly ;
and particularly whether the Bill ' Tonnage Duties
Bill ' was a Money Bill or not."
This Jiddress being referred to the Ministry and
considered by them, the Governor, on August lOtli,
was advised to reply. That His Excellency has been
456 The Constitutional History of South Australia.
advised that it would be unconstitutional for His
Excellency, as representing the Crown, to interfere in
any question of privilege which has arisen, or may
arise, between the two branches of the Legislature,
and that it would be a breach of the privileges of
Parliament for the law officers of the Crown to orive
an opinion upon such a question, unless for the purpose
of guiding the decision of the Government or of the
Governor in any matter in which the exercise of the
powers of either would be regulated by this opinion.
It can scarcely excite surprise or comment that in view
of the circumstances connected with the action of the
Governor at different times, and of the want of support
afforded them m botli Houses of Parliament, the
Chief Secretary felt it his duty to tender his resig-
nation to the Governor, which he did in writing
in the folio wins: terms : —
" August 10th, 1857.
" The Ministry having maturely considered their position in Parlia-
ment, and especially in the House of Assembly, where they were lately
defeated in three important Bills, viz., the Electoral Law Bill, the
Postal Bill, and the Mara Roads Bill— find that they cannot command
the support of a majority of the members of Parliament, and have
therefore decided to tender their resignation of the appointments
respectively held by them in the Ministry.
(Signed) " B. T. Finniss, Chief Secretary.
" His Excellency Sir R, G. MacDonnell, C.B.,
" Governor-in-Chief , &c., &c., &c."
A Cabinet meeting had been held at the residence of
the Attorney-General, Mr. Hanson, on August 7th
(Friday), all the members of the Ministry being
The Constitutional History of South Australia. 457
present, when the position of the Ministry was
considered on their defeat in the House of Assem-
bly on the third reading of the Postal Bill, and
on the second reading of the Road Bill, when
it was resolved to call a meeting of their sup-
porters on Tuesday before meeting of Council.
Another meetincr of the Ministry was held the
next day (August 8th) to reconsider the decision
of the previous evening. The course of action
being reviewed and confirmed at this meeting,
the Chief Secretary addressed notes to all the
members who had generally supported the Govern-
ment in the House of Assembly, requesting them to
meet him at his office on the following Tuesday
(the 11th instant) as he wished to make a com-
munication of importance. On so important a matter,
I made notes at the time, from which I now quote.
Twenty members of the House of Assembly atten-
ded this meetincT, at which the five Ministers were
all present, and when I represented the state of
afiairs, the feeling was expressed that in tender-
ing my resignation I had done riglit. The Gover-
nor met me that morning and said he was going
to write to the Secretary of State saying that the
Postal Bill was thrown out, and that he had hopes
vet of trettinr'- better terms for South Australia. I
told him that the Postal Bill was wot yet lost, and
that 1 should again move, whether in or out of office.
The Governor then said " the Upper House wf)uld not
458 The Constitutional History of South Australia.
pass it;' to which I replied to the effect that "we
should not mind that." *
On Monday, the 10th, I sent some recommendations
for appointments of Justices of the Peace to the Clerk
of the Executive Council. In the evening, about five
o'clock, I tendered to the Governor my . resignation
witli that of the Ministry. I stated that of course I
should continue to carry on all necessary business until
my successor was appointed. The Governor said he
had received the written paper which I handed in, but
would consider it. I mentioned Mr. G. M. Waterhouse
as the person who should advise the Governor in the
formation of a new Ministr}^ He wanted a meeting
of Executive Council the next morning. I said I was
engaged. On Tuesday, the 11th, the Governor sent
for me to his office a few minutes before the meeting
of members of the Assembly in my office. He then
said that he had not accepted my resignation ; that I
must continue to act as his adviser ; that I could not
divest myself of my functions as an Executive Coun-
cillor. I said T could not advise him in Executive
Council or elsewhere, unless, indeed, he failed to make
a Government, when, if I were requested to form a
Government, I should again advise him. After the
meeting of members, which broke up at a quarter before
one o'clock, and whilst in my office with all other
* The legitimate inference is that the Governor was in communi-
cation with the member?, and that he was playing them off against his
Ministry to get rid of them.
The Constitutional History of South Australia. 459
Ministers, a message was given me b}' Mr. Under-
Secretary Richardson, that the Governor wished to see
us after the Assembly had adjourned. We were then
on our legs preparing to proceed to the House to make
the statement of resignation. I said, " Very well, I
will attend." Hanson (the Attorney-General) then
said to me : " The Governor wants a meeting of
Executive Council, and Lyons is waiting. What mes-
sage Mall you send ?" I then left my office and spoke
to Lyons in the hearing of Hanson and others who
were almost touching me, that " we could not attend
His Excellency in Executive Council because it vvould
be indelicate to advise him in any official matter."
This answer had l)een previously agreed upon by the
Ministry whilst Lyons was waiting. On the 12th I
received the Governor's postal minute in my office
wlien I attended to dispose of ordinary business and
signed accounts. In the evening of the 12th I met
the Honorable Mr. Baker, and saw the Governor going
to the offices. On way to the offices, about five o'clock,
Mr. Richardson met me and said there was a letter for
me with Milton (the Government office-keeper). I
opened it, and it was the absolute acceptance of our
resignation. These notes were made on August 14th,
at my own residence. This statement is, in one parti-
cular at least, borne out by a report of the Parliamen-
tary Debates, wherein it is reported that (at a meeting
of the Assembly, on Tuesday, August bSth) it appears
that Ml-. Finniss, in liis place, said tliat the late
460 The Constihotional History of South Australia.
Ministry had offered, after their resignations had been
accepted, to act until a new Ministry was formed, but
that the offer had been declined. This occurred after
Mr. Waterhouse had informed the House of Assembly,
in a motion for another week's adjournment, that " His
Excellency had requested him to state that such a
course was rendered necessary in order to form a fresh
Ministry, his (Mr. Waterhouse's) efforts not having
been successful." On Tuesday, August lltb, Mr
Finniss informed the House of Assembly " that he for
his part, and on the part of his colleagues, had tendered
-their resignation to His Excellency on the previous
evening. Their resignations had been received, but
they were not yet accepted. In the meantime he
would state to the House that they were no longer an
acting Ministry." He then proceeded to give the
reasons for their resignation, saying that " the motives
of the Ministry in doing so must be evident — the want
of confidence on the part of the House being the most
prominent." In the debate which followed, Mr.
Hughes " thought the Ministry could not expect con-
tinued confidence from the House when they differed
among themselves on so many important questions."
Mr. Dutton said " they had now come to a difficulty
which they must have all foreseen, and there was no
means of meeting that difficulty but by the resignation
of the Ministers."
In the Legislative Council on August 18th the
Honorable Mr. Morphett asked the Honorable Mr.
The Constitutional History of South Australia. 461
Baker if there was any truth in the current report
that he had been sent for by His Excellency the
Governor to form a Ministry. The Honorable Mr.
Baker (see reports of Parliamentaiy Debates, p. 486)
" said he would give what information he could. He-
had had the honor of being sent for, and having
received His Excellency's commands to form a Ministry,
which took place yesterday (August 17th), he had
proceeded to do so. Negotiations were now in progress
for doino- so. He mio-ht add one more remark to this
statement and that was, that the chief objects he had
in view were to adjust the difference between the
two Houses and to take further steps to amend the
' Electoral Law' so that, if circumstances should render
a dissolution necessary, tlie country might not he left
in that unjust position ivhich would result from so
great (t disfixmchisement as luould occur lender tlie
existing lavj. With regard to the question of privilege
it would be very difficult — indeed he might say it
vjouhl he iiwpossihle — for any Ministry to he formed
that "joukl stand vjhilst that question was still
unsettled." The Honorable Mr. Morphett again ad-
dressed the Council : — " Seeing that he (Mr. Baker) had
stated that he had been requested by His Excellency
to form a Ministry, he might be in a position to
explain why the country was allowed to stand in its
present anomalous position, having no Ministry at all.
He believed that tlie constitutional form was that
when a Ministrv tendered their resifmation it was not
•462 The Constitutional History of South Australia.
accepted, or that they held office until their successors
were appointed. In this instance it appeared that the
Ministry sent in their resignation, then a short time
elapsed and then there was a Gazette notice to the
effect that the resignation had been accepted. Yet
there was no new Ministry, and, consequently, the
country was left without any Constitutional Govern-
ment. That was a most anomalous and unconstitutional
position for the country to be in, and he would be
glad if the honorable gentleman would explain ivhy
His Excellency vj<hs advised to gazette the notice of
resignation before a new Ministry was formed." Mr.
Baker said, in continuation of his previous statement,
that he took upon himself to point that out to His
Excellency at their first interview, tvhen he asked His
Excellency if the course adopted ivas the usual one,
and expressed his fear that some inconvenience would
arise. His Excellency then gave him an explanation,
and seeing that no doubt the question would arise had,
also given him a 'minute of which he (Mr. Baker)
would place the House in possession. It would appear
that the resignations were sent and received ; and at
that time His Excellency thought it would be best
for the Ministry to hold office until a new one was
appointed. Shortly afterwards some business required
the attendance of the Ministry at the Council Board,
and His Excellency thinking that they were still bound
to attend Him as members of the Government sent
for them ; but they refused to come, and then His
The Constitutional History of South Australia. 463
Excellency thought there was nothing else to be done
but to gazette the resignation. His Excellency thought
they were bound to assist him whilst they were officers
of the Government ; and when they ceased to do so
he gazetted their resignations. The minute of the
Governor was then read. It was as follows : — (Before
reciting the minute I wish to call attention to the
passages in Mr. Baker's speech which I have italicised
as I may have to allude to important points in them
in a subsequent argument.) " Mr. Finniss — Having
received from the clerk of the Executive Council
yesterday certain previously adopted recommendations
of the Ministry to some appointments which required
the sanction of the Governor in Executive Council, and
beinff also desirous that the current routine business of
the colony should not be interrupted, I directed the
clerk to summon the members of the Executive
Council to my presence. He soon afterwards informed
me that ministers had verbally declined obeying my
summons on the crround of it beino- indelicate in them
having tendered their resignations to meet in Executive
Council and offer any advice to the Governor. So
long as the ministers hold office they are ex officio
Executive Councillors, and cannot strip themselves of
the duty of obeying the Governor's summons to attend
meetings of that body, though circumstances might
make it as indelicate in them to (jfler, as for the
Governor to require, advice on matters involving grave
considerations of general policy. 1 had wislied the
4'G-l The Constitutional History of South Australia.
holders of ministerial office to remain in office till the
appointment of their successors or the reconstruction of
your own Ministry ; nevertheless a refusal so direct,
even in formal matters, in a capacity made by law
inseparable from the tenure of office, convinces me that
further hesitation to accept the tendered resignation
of yourself and your colleagues would establish a
pernicious precedent opposed to constitutional practice
in England,* and subversive of a positive enactment
here. I am, therefore, compelled to accept at once the
resignation of yourself and your colleagues. I cannot
do so without assuring you that although thus forced
to terminate our long official connections, I am fully
sensible of the zeal, integrity, and ability to promote
the public interests which have been so continuously
manifested by yourself and your colleagues during
that period, and I beg you will convey this assurance
to them. (Signed) Richard Graves MacDonnell,
Governor. August 12th, 1857."
I have placed these two statements before the
reader ; one of them conveyed to the Legislative
Council officially, the other founded on private notes
taken by me after the interval of a day from the
occurrences to which they relate. The difference
* For latest constitutional practice in England see the resignation of
Mr. Gladstone— a parallel case — on June 25tk, 1885. Lord Salisbury-
stated " that Mr. Gladstone having refused to reconsider his decision
to resign the Queen had appealed to him (Lord Salisbiiry), and that he
had accepted office." Sir R. G. MacDonnell did not understand
Constitutional Government.
The Gonstitutional History of South Australia. 465
between them is this : that the Governor gives the
tone of an act of disobedience to the objection of the
Ministry to obey his verbal summons to attend him
in Executive Council, and he assumes that by that
act the Ministry had evinced their determination to
cease to act in the administration of the affairs of
their several departments. That no intention or action
of the kind could be imputed to them is evident from
the fact that the Governor's letter accepting- the
resignation of the Ministrj^ was given to the Chief
Secretary on the evening of August 12th, on his way
from his office, which he (Mr. Finniss) had attended
to transact official business after the letter tendering
his resignation had been received by the Governor,
and after he had conveyed to the Governor his assur-
ance that the business of the administration would be
attended to by the Ministry until their successors were
appointe<l. This assurance was stated in the Assembly
on August 18th by the Chief Secretary to have been
given when he said, speaking immediately after the
late Attorney-Genei-al (Mr. Hanson), " that the late
Ministry had offered, after their resignations had been
accepted, to act until a new Ministry was formed, but
that the offer had been declined." (See report of
Parliamentary Debates, p. 490.) T (luote the report as
it a]>pears in print, although perhaps it may be incor-
rect in substituting the word accepted for received.
The same debate contains the speech of Mr. G. M.
^yaterhouse, who stated that on the previous Wednes-
30
466 The Constitutional History of South Australia.
day (12th) he had received His Excellency's commands
to form a fresh Ministry, in which he had been unsuc-
cessful. The inference then is, that the Governor had
received Mr. Finniss's assurance that he would with his
colleagues continue to carry on the administration,
but resenting the declining by Mr. Finniss to attend
to business in the Executive Council, on August 11th
His Excellency officially announced his acceptance of
the resignation of Mr. Finniss's Ministry, and sent for
Mr. Waterhouse as his chief adviser, in accordance
with the last and only advice luhich it ivas consti-
tutional for Mr. Finniss to offer. The Crown
Governor, accustomed to implicit obedience from all
his officers, here seems to have spoken out. Mr.
Samuel Davenport, now Sir Samuel Davenport, with
that straightforward clearness of conception which at
all times regulated his judgment in political affairs,
who had filled the office of Commissioner of Public
Works in Mr. Finniss's Ministry, seems to have given
the proper solution of the question, when in his place in
the Legislative Council on August 18th, in rejily to the
Honorable Mr. Baker, who was then the head of a fresh
Ministry, he said — " Wrong or not wrong, the impres-
sion on his mind which led him to decline attending
(a meeting of the Executive Council) was, that as he
had with the other Ministers constitutionally resigned,
he considered he vms put out of position to give respon-
sible advice to His Excellency. His idea of the mean-
ing of our present foim of Government was that it
The Constitutional History of South Australia. 467
should be carried on by responsible Ministers only, and
when he (Mr. Davenport) ceased to be one of those
Ministers he thought he was incapable of tendering
advice which he was not any longer responsible for.
He felt bound to make this explanation, and he would
add that when the resignations were tendered it vxts
stated distinctly that the Ministers were anxious to
carry on the mere formal duties of Government until
His Ecixellency had appointed another Ministry!'
For the head of the State under Constitutional Govern-
ment, such as now prevails in South Australia and in
England, to endeavor to maintain and assert that
Ministers cannot by tendering their resignations strip
themselves of the duty of obeying the Governor's
summons to attend meetings of Executive Council, in
which they claim the right to sit and direct the action of
the Government, as ex-officio Executive Councillors,
under the declared Ioav of tJie Constitution Act, i.s a
position which I believe wovild not be assumed by the
Soverejfjn of Encdand on occasion of chancre of Minis-
ters. The object of the meeting of Executive Council
would require to be explained and fully understood,
since it has been expressly asserted in the House of
Commons that the last advice which a retiring Minister
of State is competent to give to the Sovereign is to
name the successor whom he recommends to lill Ids
place of Constitutional Adviser. These are the maxims
which I liave gatliered from a perusal of the Constitu-
tional History of England, and from tlie debates in
30 a
468 The Constitutional History of South Australia.
modern Parliaments. And if I have misinterpreted
the records of English history, I can confidently assert
that Sir Robert Peel, though sent for by Her Majesty,
felt that he would be supported by the country when
he declined to carry on the Government except on
conditions that were eminently distasteful to Her
Majesty, although Her Majesty's strong good sense and
constitutional education made her acquiesce in his
proposals. But Sir E-ichard MacDonnell had not alto-
gether at this time fully embraced the role of a
Constitutional Governor. How he subsequently took
his stand under the working of Responsible Govern-
ment I am unable to throw any light. That he was at
the head of the Conservative party in South Australia
during my administration ; that the Legislative Council
shared his conservative views is apparent ; and that in
the great privilege question respecting the interference
of the Legislative Council his sympathies were with
the Conservative party, and, consequently, with the
Upper Chamber, there can be no doubt in the light
of events. With a Governor who was in constant
opposition to the Ministry ; a Legislative Council
where the dominant party, leil by the Honorable Mr.
Baker, withheld their support to the Government
measures as distinctly avowed during the debates on
the address in reply to the Governor's opening speech.
With a divided Ministry and a House of Assembly
split into sections — who desired for their own order,
the mercantile body, to attain the direction of public
The Constitutional History of South Australia. 469
atfairs which had been wrested from the Crown
through Responsible Government — there was little
prospect that a Government, composed of the old
nominee elements under a changed name, could long
hold the reins of power. Mr. Finniss's Ministry
therefore virtually retired from otHce on August 10th,
1857, although the statistical " Record of the Legis-
lature, No. 02," brought up to July 29th, 1884, assigns
it an existence up to August 21st, apparently that the
colony should not be without a Ministiy until the
Honorable Mr. Baker assumed office as Chief Secretary
in the Upper House on that day. His new Ministry
comprised : — The Honorable Edward C. Gwj-nne,
Attorney-General ; the Honorable John Hart, Treasurer;
the Honorable William Milne, Commissioner of Crown
Lands and Immigration ; the Honorable Arthur Blyth,
Commissioner of Public Works ; and the Honorable
John T. Bagot, Solicitor-General. This Ministry took
office on August 21st and lasted till September 1st of
the same year. The two principle members had seats
in the Legislative Council, and other four — for it now
illegally consisted of six members — belonged to the
Assembly. Their declared object in taking office was
to settle the question of privilege; that is, to avoid the
collision between the two Houses arising out of the
question of their respective powers in respect of
Money Bills. It was manifestly imjjossible such
a combination could command a majority in the
Assembly. The Liberal and Democratic party were
470 The Constihitional History of South Australia.
largely in the ascendant in the latter House, and were
highly resentful of the course taken in the Legislative
Council by the Conservatives, headed by Mr, Baker.
The Conservative members there to a man, with the
exception of the Honorable Mr. Davenport, supported
the asserted power of the Council to amend and alter
Money Bills, which, if granted, would deprive the
people's House, as they were called, of the control of
the purse. And there was another point which the
Assembly resented as a breach of the Constitution —
that was, the addition to the strength of the Ministry
and to the members of the Executive Council by the
appointment of a sixth member to be called Solicitor-
General, in the person of Mr. Bagot. The Constitution
Act, in its 32nd clause, has provided for the Government
of the colony by a Ministry of five persons, who were
made ex officio members of the Executive Council ; and
without their advice and consent no appointments
in departments could be made and no expenditure
incurred. To increase the members of the Ministry
was therefore beyond the power of the Government,
and it was an equally unwarrantable exercise of
prerogative for the Governor, even with the consent
of his Ministry, to increase the members of the
Executive Council by the addition of irresponsible
persons who might enable him to act in opposition to
his constitutional advisers and to the determinations
of Parliament. Besides, how could any Ministry,
havino- its strength in the Legislati^■e Council,
Tlie Constitutional History of South Australia. 471
hope or attempt to settle the difference between
the two Houses as to their relative powers in
respect of the power of the purse ? A question
on which no settlement could be made with-
out a compromise on the part of the Assembly,
which they could not listen to without admitting a
doubt as to their own powei\ The Ministry of the
Honorable Mr. Baker fell by a vote of censure moved
and carried at a meeting of the Assembly on August
2Gth, by Mr. Torrens, the late Treasurer. The resigna-
tion of Mr. Baker's Ministry followed the result of
the division, which in a House of thirty-one members,
exclusive of the Speaker, gave Mr. Torrens a majority
of seventeen members. The only names found on the
side of the Ministry besides their own members were
Mr. Babbage, Mr. Bonney, and Mr. Hay.
The new Ministry were gazetted on September 1st.
They consisted of the Honorable R. R.. Torrens, Chief
Secretary ; Honorable Richard B. Andrews, Attorney-
General ; Honorable T. B. Hughes, Treasurer ; Honor-
able Marsliall MacDermott, Commissioner of Crown
Lands and Immiif ration ; and the Honorable Samuel
Davenport, Commissioner of Public Works, in the
Legislative Council. This Ministry, too, was soon
doomed. It expired on September 30th, 1857, having
held together just one month. Mr. Torrens was by
no means a popular member of Parliament ; his Con-
servative tendencies were well known. Fluent of
speech, Jis his countrymen when educated usually are,
472 The Constitutional History of South Australia.
he yet made enemies among those who voted on the
side of the first Ministry by personal allusions ; and
he imbittered his opponents by the cnttincr sarcasm
which he unsparingly made use of. Although an
eloquent speaker when roused to action, he wounded
rather than persuaded, preferring invective as a
weapon of attack to logical reasoning, for which he
seldom exhibited much capacity. He probably owed
his position in the House to the expectation that as
Chief Secretary he would give greater effect to the
measure which he had succeeded in passing through
several staojes whilst Treasurer in Mr. Finniss's Minis-
try — an Act known as the Real Property Act — some-
times called Torrens's Act. The principle of this
measure was so warmly supported in the several con-
stituencies that no candidate, however otherwise popu-
lar, would have had much chance of being elected to
the Assembly unless he declared his acceptance of the
principle of that Act ; nor would any ministry, how-
ever able and strong in general support, have main-
tained its existence if the members had declared
decidedlv against the reform in the law understood to
be the leading feature of that measure. The principle
which Mr. Torrens contended for had been first taken
lip in the British Parliament. An Act known as Lord
Westbury's Act became law, and it was a great step in
advance of the then existing condition aft'ecting the
transfer of real property. But it was found that the
question was so complicated by the nature of the titles
The Constitutional History of Sonth Australia. 473
which must be dealt with that in England any great
reform in the mode of transferiing land had not made
much progress even so late as the year 1874. In the
House of Lords in 1875 a Land Titles and Transfer
Bill was again discussed, when Lord Selborne took an
active pai't in that Bill. On this occasion he stated
" that the })ractice had been, in advocating compulsory
registration, to put before the Legislature the facilities
which existed for the transfer of stocks and ships,
which were compulsory, and so was the registration of
deeds in which the registration of deeds had been
directed by the Legislature with a view of getting rid
of the system of conveyancing." There were no such
complications in South Australia, as the titles in the
first instance consisted of direct and indefeasible Q-rants
from the Crown. Before taking steps to introduce his
Bill, Mr. Torrens placed in the hands of his colleagues,
tlie members of the Finniss Ministry, a copy of the
report of a Parliamentary committee, in which the
question of the transfer of land under a new system
was carefully explained. The Attorney-General (the
Hon. Mr. Hanson) did not favor the introduction of a
Bill to give effect to Mr. Torrens's views. It was a
work of considerable labor, and would tax the powers
of the most influential leader of the Bar to the utmost.
On this ground alone he might have declined the task.
But its success WDuld be prol>lL'inatical, and it would
disturb the system of c<jnveyancing to which he liad
been accustomed as ;iii l^tijlisli lawyer. lie declined
474 The (Jonstitutional History of South Australia.
the responsibility of making such a Bill one of the
measures of the Ministry of which he formed an impor-
tant member. The Chief Secretary (Mr. Finniss) was
content under the circumstances, rather than break up
his Ministry, to leave it an open question, the success
or failure of which would not affect the stability of the
administration. But as Mr. Torrens was sano-uine and
enthusiastic, it was ao-reed amoncrst the Ministry to
permit him to have the sole credit and responsibility
of this important measure of law reform, the Ministry
resolving to support him in passing it through Parlia-
ment as far as their knowledge of the subject per-
mitted.
On Tuesday, June 2nd, 1857, Mr. Torrens's Bill first
saw the light. On that day he gave notice in the
House of Assembly of his intention to ask the leave of
the House to introduce it. On Mr. Waterhouse callino-
attention to the fact that Mr, Torrens proposed to move
for leave to inti'oduce the Bill on a private day, the
Chief Secretary said the Bill was not a Government
Bill, but would be introduced on the same ground as a
Bill by any other member on leave of the House. This
step, no doubt, weakened the Ministry. It gave color
to the charge of a division in the Cabinet, and it led to
the action of the Treasurer in the House being on other
questions more independent than was quite consistent
with the cohesion of an organised administration.
But this was one of the difficulties arisincj out of the
choice of the Ministry having been suggested by the
The Const itutiojial History of South Australia. 475
Governor under circumstances that in a manner left
Mr. Finniss no alternative. When the Constitution
Act became law, and the expediency of at once nomi-
nating a Responsible Ministry was apparent, the elec-
tions to Parliament had not taken place, and conse-
quently Mr. Finniss was limited in his choice of col-
leagues to those who were then already in power as
members of the Executive Council, and who held their
seats in the Legislature bv nomination of the Crown.
The fifth Minister, Mr. Samuel Davenport, had not at
that time been elected to a seat in Parliament. The
alternative course would have been to defer the nomi-
nation of a Ministry until the old Legislature had
ceased to exist, which was not the case until February
2nd, 18o7, after the issue of the writs for the election
of members of Parliament. Still there was a compli-
cation in ever}^ view of the political situation, which
was most readily reduced to its lowest terms by the
course followed by Sir Richard MacDonnell, and acqui-
esced in by his Executive Council in October, 185G.
The shadow of the old nomineeism was set up, darkened
with the bitter recollections of the sins of Crown
Government, to be dissipated on the first shock of
party contiict, as soon as the able and ambitious among
the mercantile class, who had played a waiting game
in the contest for political power, saw that the arena
was now open to the competition of energy and capital.
On Thursday, June 4t1i, >rr. Torrens moved for leave
to brill"- in his Bill. He said, omittincj the rhetorical
476 The Constitutional History of South Australia.
passages : " The preamble alleged that the existmg
law relating to the transfer of real property is complex
and cumbrous in its nature, ruinously expensive in its
working, uncertain and perplexing in its issues, and
specially unsuited to the requirements of this com-
munity. He did not attempt to remedy the evils
complained of by amendment of the existing law —
that he believed to be impossible. He proposed to
abolish a system immediately wrong in jjrinciple, and
to substitute a method which, when ex])lained to the
House, would commend itself as consistent with
common sense, perfectly feasible and effectual for all
the purposes required. Whenever real estate is trans-
ferred, the history of the property has to be traced
back to the ori'dnal o-rant from the Crown, through
all the intermediate hands, every mortgage deed,
release, conveyance settlement must be produced and
carefully examined to see that there are no outstanding
equities affecting the title. This renders conveyancing
a laborious and costly process ; but if after the labor
has been expended and the cost incurred, the fruits
of it could be secured and held available for future
occasions, we should not have so much to complain of.
The grievance is that this labor and outlay have to be
repeated again and again, each time the property is
dealt with. The solicitor of an intending purchaser
or mortgagee is not content to accept the opinion given
after ful 1 enquiry by the solicitor of a recent purchaser,
it may be only ten days before. He too must be
The Constitutional History of South Australia. 477
furnished with an abstract, and examine all docu-
ments for himself, and this process must be gone over
and over again every time the property is dealt with.
The first and leading principle of the measure which
I intro'luce is therefore designed to cut off the very
source of all costliness, insecurity, and litigation by
abolishing altogether the system of retrospective titles
and ordaining that as often as the fee-simple is trans-
ferred the existing title must be surrendered to the
Crown, and a fresh grant from the Crown issued to the
next proprietor. The principle event in importance
prescribes that registration "per se and alone shall give
validity to transactions affecting land. Deposit of
duplicate of the instrument, together with the record
of the transaction by memorandum entered in the
hook of registration, and endorsed on the grant by
the Re^'istrar-General, to constitute registration. In
the Hause Towns a system of transfer by registration
has been in force for over six hundred years. The
transfer and encumbrance of the vast property invested
in shipping is managed with facility, economy, and
security by this same instrumentality. Mr. Torrens
continuf.Ml that the system of transfer and encumbrance
of slapping ])roperty Vjy registration gives universal
satisfaction, ensuring simplicity, certainty, and
economy. Hi- did not propose a scheme invohing
violent or arbitrary interference with existing evils,
I tut would leave it optional with proprietors to avail
tiiemselves of it or not. It will tliiis be ijradual in
478 The Constitutional History of South Australia.
its operation, yet will put titles in such a train that
the desired result will eventually be obtained." He
concluded by moving for leave to bring in the Bill.
The motion was seconded by Mr. John Hart, and was
supported by every member of the Ministry. In
speaking to the measure the Attorney-G.ene)"al (Mr.
Hanson) said — " He thanked the Honorable the
Treasurer for introducing the measure, and hoped it
would be productive of all the expected advantages.
He would say that the Bill had not met all the diffi-
culties of the subject. He was, however, disposed to
support the motion, that the Bill might receive such
improvement and correction as would justify the
Legislature in adopting it. It was true that the
transfer of shipping property, as well as funded
property and property in shares, was safely effected
by registration, and if the system of registration only
proposed to deal with what lawyers called legal estate,
he thought it could easily be adopted. But he appre-
hended that it would not apply to trusts. A person
might wish to settle property for the benefit of his
children. He might wish the estate to go to one for
the purpose of raising money for the benefit of the
others — a mode of disposition which if not restrained
by law might become common in this country. He
had thus called attention to one of the difficulties of
the matter, but would give every assistance in his
power to make the measure as complete as possible."
The Chief Secretary (Mr. Finniss) " would cordially
The Gonstitutional History of South Australia. 479
support the motion. He thought the project of the
measure went to the bottom of the evil, but whether
or not it would be sutiicient in its details he could not
say. He differed from the honorable member with
regard to making the measure compulsory. The Statute-
book was full of measures that were mere dead letters,
because the older system they were intended to improve
had not been swept away." No member spoke in oppo-
sition to the motion, which was therefore carried, the
Bill laid on the table, read a first time, and ordered to
be jirinted. The second reading of the Bill was not
effected until November 11th, 1857, when the Ministry
formed by Mr. Hanson, of which Mr. William Young-
husband was Chief Secretary. Mr. Hanson's Ministry
assumed office on September 30th, in succession to that
of Mr. TorrenS) who carried the second reading of his
Bill as a private member of the House, attached to no
Ministry. The Attorney-Genei^al (Mr. Hanson) legar-
ded the Bill as a highly praiseworthy attempt to deal
with a subject which was one of the most important
that could come before the Legislature. He would
therefore, he said, not oppose it at the present stage ;
but on its way through connnittee, if he found he could
consistently do so, he would offer every suggestion and
every assistance he could. If after it passed through
committee he found he could not support the measure,
he should feel it his duty to oppose it on the third
reading;.* Mr. Hanson was the real head of the
* Mr. Hanson in effect voted against the third reading.
480 The ConstituHunal History of South Australia.
Ministry at the time this remark was made b}''
him, and he actually did vote against the Bill on
the third reading, although he must have advised the
Governor to eive his assent to the measure, which Sir
Richard did before the prorogation on January 27th,
1858, statino- in his Address to both Houses that
although he had been happy to comply with the
obvious and generally expressed wish of the Parliament
and the country in giving the Queen's assent to the
Act " to simplify the laws relating to the transfer and
encumbrance of freehold and other interests in land,"
he could not but feel that a portion of that Act, viz.,
the 35th section, which contemplates a contingent
appropriation of a portion of the revenue of the pro-
vince — a provision which was not initiated by himself
as Governor — is so far wholly inoperative, and will
require, therefore, to be made effective by future legis-
lation.
The Real Property Act, therefore, was carried through
Parliament by private members in both Houses with-
out being adopted as a measure of policy by any of
the four Ministries which had held office durino- its
course. It was an Act strictly forced upon the Gover-
nor and Parliament by the will of the people ; and so
strongly was this will expressed, that few members
dared to vote against any of its provisions, at least in
that portion of the Legislature whose members main-
tained their seats by election to the Lower House. In
the Upper House the Honorable John Baker, seconded
The Constitutional History of SoiUh Australia. 481
by the Honorable Mr. Ayers, who had objected to
various clauses in the Bill in committee, at the last
moment, after the Bill had passed its third reading,
moved an address to the Governor, " requesting His
Excellency to appoint a Committee to consist of three
legal and two non-professional gentlemen, or such
other number of persons as His Excellency may deem
fit, to enquire into the state of the law and practice-
affecting real and leasehold property in this province,
so far as regards the making out, evidencing, or estab-
lishing of titles to, and the transferring of, such
property, whether any and what means can be adopted
for the simplification of such titles and transfer, and
the reduction of the expenses at present attendant
thereon, and generally for facilitating the sale and
transfer of real and leasehold property in this Pro-
vince." This motion was interrupted by the appear-
ance of the Governor-in Chief, Sir Richard MacDonnell,
to prorogue the Parliament. The chief objections
urffed against the Bill had reference to what was
called the compulsory principle, which provided for
the compulsory operation of the Act on all lands
alienated from the Crown after July 1st, 1858. And
to show the strength of the feeling in favor of the
Act, Mr. Baker, on Janmary 2Gth, 1858, the day after
the prorogation, said — " It vms quite clear that any
opinions he mi<jhl now express vjould he perfectly
futile, and that Toi^rens's Bill vjould be passed, in ifs^
interjrity and in all its absurdity." The Honorable-
31
482 The Constitutional History of South Australia.
Mr. Davenport, a consistent supporter of the measure
throuo-hout, admitted that there were faults in the
Bill ; but he was not prepared to oppose the measure
merely because he did not consider it perfect. That
now famous Act has been amended in order to meet
serious objections made in the Supreme Court, where
some of its powers were brought under review. But
the Judges who interpreted the law, and whose inter-
pretations led to the useful amendments which have
made it an Act suited to all the requirements of the
transfer of real property and other facilities for dealing
with land, were rendered unpopular through their
decisions, although the validity of those decisions was
afterwards recognised by alterations in the law. I
have been diffuse in my remarks on the Real Property
Act because it is an instance that when the community
labors under a real grievance, however much its opera-
tion may be magnified before it enlists public opinion
in the determination to remedy it, the Legislature
must enforce the will of the people, although by crude
and insufficient measures, leaving to experience of
defects in the law to be remedied by subsequent
amendments.
The originator of the Eeal Property Act threw
himself into the contest with all the ardor of his race
and nature, and has met his reward in the general
appreciation of his exertions by a grateful people, and
in the honors which the Imperial authorities attached
to his name when they recommended Her Majesty to
The Constitutional History of South Australia. 483
confer on Sir Robert Richard Torrens tlie title of
Knight Grand Cross of the Order of S. Michael and S.
George — honors which he no longer lives to enjoy.
This episode has interrupted the course of my histoiy
of Responsible Government ; but so important a
measure as the Real Property Act required a place in
history.
To continue and bring to a close the political aspect
of Responsible Government I must now revert to the
last change of Ministry which I shall record, as it was
the last that occurred in the first session of the first
Parliament. I allude to the Ministry formed by Mr.
Hanson, subsequently known as the Honorable Richard
Davies Hanson, appointed to that personal title on
August 18th, 1.SG4, under the Duke of Newcastle's
despatch of December 28th, 18G3, and afterwards
on attaining the position of Chief Justice on the
retirement from the Bench of the Supreme Court of
Sir Charles Cooper, elevated to the rank of Knight
Bachelo)- under the title of Sir Richard Davies Hanson.
He, too, has departed this life after a useful and
successful career in the public service of more than
thirty years. Sir Richard Hanson was a man who
when seen in his proper sphere — the Supreme Court —
impressed you with the idea of mental power. His
broad expansive forehead, when turned upwards in
the act of addressing a jury, gave evidence of brain
power within, and the deep tones of his voice insured
attention to what he uttered. He was no orator of
31a
484 The Constitutional History of SojUh Australia.
the impassioned school, but a steady flow of carefully
measured words, weighted with calm logical reasoning,
produced conviction of the sincerity and force of his
argument. In the Legislature he spoke but seldom,
and then chiefly in reply to some weak points in the
argument of the opposition, for he was almost always
a member of some government. Keenly alive to his
own interests, and with all the advantages I have
described, he was successful in his struggle with the
world both in politics and on the Bench, where he
closed his career as Sir Richard Davies Hanson, Chief
Justice of the Province. 1 have to view him on this
occasion chiefly as a politican. Always associated with
him from his first entry into the public service as
Advocate-General and member of the Executive
Council, I found him a steady and sound adviser in
all matters of moment, whether in Council or in
friendship. He formed one of the first Ministry
under Responsible Government, in which he held the
oflice of Attorney-General, and retired with me when,
by common consent, we tendered our resignation to
give place to the Honorable Mr. Baker on August
10th, 1S57. On September 30th of that year he
succeeded in forming the fourth Ministry, and kept in
office till May 9th, 18G0. In this Ministry he held the
post of Attorney-General, acting under Mr. William
Younghusband who occupied the position of Chief
Secretary, having a seat in the Upper Chamber. Mr.
John Hart acted as Treasurer in this administration.
Tlie Constitutional Ristory of South Australia. 485
Mr. Francis Dutton held the office of Commissioner
of Crown Lands and Immigration, and Mr. Thomas
Reynolds that of Commissioner of Public Works in
Mr. Hanson's Ministry on its first accession to office.
Later the following changes were eifected : — Mr. John
Hart retired from the Treasury in favor of Mr. B, T.
Finniss on June 12th, 1858 ; Mr. F. S. Dutton gave
place to Mr. John Bentham Neales on June 2nd, 1859,
who in his turn yielded on July 5th to Mr. William
Milne, afterwards elevated to the presidency of the
Legislative Council on October 11th, 187G, as Sir
William Milne, Knight Bachelor. One more change
occurred in the Ministry of Mr. Hanson as originally
constituted, in the acceptance of the office of Commis-
sioner of Public Works by Mr. Ai^thur Blyth appointed
subsequently Agent-General for the Province, and
dignified, in 1872, with the honors of Knight
Commander of the Order of St. Michael and St.
George, as Sir Arthur Blyth. Mr. Hanson's Ministry
was the first that withstood the shocks of party
conflict for any length of time, since it took office on
September 30th, 1857, and seems to have commanded
the confidence of Parliament until May 9th, 1S60,
when, after the dissolution of the first Parliament on
March 1st, 18G0, Mr. Hanson, in the new Parliament
which met on April 27th of that year, failed to
command that support which liad been accorded to
him previously, and gave place to Mr. Thomas
Reynolds, wlio, with Mr. George Marsden Waterhouse
486 The Constitutional History of South Australia.
as his Chief Secretary, succeeded in forming a new
Ministry in a new Parliament.
It is no part of the plan of this chapter to give the
history of successive administrations under Responsible
Government. I have only adverted to the first four
changes that took place whilst members of Parliament
were settling down to the new duties devolving upon
them, and trying their wings, as it were, in the new
field of action open before them. The motives of men
in such situations become connected with history as
the exciting causes of action, and I am attempting to
place before the reader all the data available to enable
him to unravel the complicated workings of the
political situation. When the first Ministry resimied
oflice they were forced to take this step by the want
of a party sufliciently strong and united in both
Houses to form a working majority. Had the
members of the Executive Council refused to take
ofiice as a Ministry in October, 185G, when the
Constitution Act first became law they might have been
held to have forfeited their claims to compensation
on loss of oftice, the grounds of which are stated in
precise terms in the 39th clause, which provides :
" And, whereas, by the operation of this Act, certain
oflicers of the Government will become liable to loss
ofiice by reason of their inability to become members
of the said Parliament or . to command the support
of a majority of the members thereof, or uf)on other
grounds ivithout any misconduct or incapacity on
The Constitutional History of South Australia. 487"
the part of such officer." Such refusal to take part in
the first Ministry might have been by opponents urged
as an act of misconduct which, inferentially at least,
was a disqualifying condition. It is evident that on the
resisrnation of Mr. Finniss on August 10th, Sir Richard
O CD '
MacDonnell considered the refusal of the Ministry to
advise him by not attending to his summons to meet him
in Executive Council, as an act of disobedience which he
resented by immediately accepting their resignation,
although they had divested themselves of the respon-
sibility of giving him advice, and were themselves the
proper judges of the extent to which their services
were pledged by the offer made by them to carry on
the duties of their departments, pending the appoint-
ment of their successors. In the Governor's minute,
read by Mr. Baker, the new Chief Secretary, His
Excellency attempted to throw the onus of leaving
the colony without a Government for a certain time
on the retiring Ministry as an act of misconduct.
Such at least is the fair inference from the words of
the minute. A similar refusal on the part of Mr,
Finniss, and of the other members of Executive
Council, to hold responsible offices, might have been
considered by Sir Richard MacDonnell as an act of
disobedience, which, under a Crown Governor, would
})e a flagrant act of misconduct. I do not for a
moment wish it to be inferred that the Governor had
any such thought in his mind. But the position ought
to be stated as one of the complications that with
488 The Constitutional History of South Australia.
others was more readily solved by the course actually
followed. It is one of the factors in the problem of
motives which deserves to be considered. When Mr.
Baker, on the disruption of Mr. Finniss's Ministry, was
sent for, he put himself in communication wdth the mem-
bers of the retiring Ministry to propose to them to join
him in the Government. He made me pressing offers. I
knew he did the same with Mr. Hanson, and I believe
he also made overtures to Mr. Samuel Davenport.
However, none of the old Ministry joined him. Again,
when Mr. Hanson, succeeding Mr. Torrens, was
intrusted with the formation of a Ministry, he wrote
to me at once, offering me in flattering terms to
become one of his cabinet. This I declined at the
time, alleging my own unpopularity, both in Parlia-
ment and in the Press — a condition which I stated
must be a source of weakness to him. Subsequently
on June 12th, 18.58, I joined Mr. Hanson's adminis-
tration as Treasurer in the room of Mr. John Hart,
who proceeded to England on private business. Now
why did the early Ministries so soon retire ? Mr.
Finniss's Ministry, dating from its first meeting the
Parliament, extended over a period of only one hun-
dred and twelve days. Mr. Baker's Ministry was
defeated in ten days. Mr. Torrens' held out thirty
days; but Mr. Hanson's Ministry governed the
country from September 30th, 1857, to May 9th, 1861.
Mr. Torrens had held a meeting of members to obtain
their support before he moved the resolution which
The Constitutional History of South Australia. 489
made him Chief Secretary, and fell entirel}- through
his own rashness in suspending the land laws Avithout
proper consideration. The causes of Mr. Hanson's
loner tenure of office are not far to seek. A glance at
the roll of names constituting his Ministry shows that
with a cautious sagacity for which he was remarkable,
he selected for his colleagues the influential men in
both Houses — men who in the guerilla warfare which
distinofuished the first Parliament, were leaders of
separate bands of followers, and as subsequent events
serve to show, were themselves ambitious of office.
The position of the members of -a Ministry could only
be attained by the break up of existing Governments,
and this tactical system was followed with success by
Mr. Hanson, who satisfied the aspirations for office of
the leading men, and secured support otherwise by a
very conciliating demeanor. The Statute-book bears
evidence of this view of the political situation. Mr.
Finniss, as Chief Secretary, had placed before Parlia-
ment a programme of legislative measures, tliat would
have satisfied the appetite for work of tlie most ardent
and entliusiastic reformer ; yet not a single Act passed
the Parliament and became law till November 10th,
1857, and during the remainder of 1857, a Parliament
which met on April 22nd of that year had passed in
those eight months only six not very important Acts;
even the Appropriation Act was held over till the
following year. The attention of members had licen
directed to the struggle for office, and tin- i>ri\ilege
•±90 The Constitutional History of South Australia.
question respecting the powers of the Houses in Money
Bills had absorbed much consideration, much debating,
and much time. Mr. Hanson enjoyed a prorogation
of seven months, and in the five months of the session
of 1858, which commenced on August 27th and ended
on December 24th, 1859, he succeeded in passing
twenty-three public Acts, and two private Acts, whilst
in addition he brought the labors of the first Parlia-
ment to a close by passing fourteen public Acts and
five private Acts. Ambitions had been satisfied, and
the passion for work had taken its place. Torreijs's
Real Property Act, even important as it was, and a
clear expression of the views of the Democratic party
in Parliament and in the country, was doomed to drag-
its slow length along through the first session of the
first Parliament, and only became law on the last day
of the session with a reluctant acquiescence on the
part of the Legislative Council, and a reluctant assent
on the part of the Governor, signified by a sort of
protest against its legality. And now I should close
the history of Responsible Government — we have seen
it in its throes, its birth, and infancy — but that history
would not be complete without an explanation of the
collision between the two Houses of Parliament, initi-
ated on the very day of its meeting, and extending to
November 19th, 1857. The debates on this question
brought out into full daylight the constitutional
knowledge of lay members, and all the forensic talent
of the legal members of Parliament. The opinions of
The Constitutional History of South Australia. 491
the Attorney-General, Mr. Hanson ; of Sir James
Hurtle Fisher, President of the Legislative Council ;
and of the Honorable E. C. Gwynne, were elaborate
and instructive displays of legal and oratorical ability,
which I shall quote at length, together with the
recorded resolutions ol both Houses on the question,
as a fit corollar}' to the Constitution Act.
CHAPTER XIII.
The privilege qiiestion— Struggle between the two Houses for the
power of the purse— The Tonnage Duties Eepeal Bill amended in
the Legislative Council, and sent down to the Assembly with
amendments — Debates in the Assembly in assertion of their privi-
leges with respect to Money Bills— Speeches in both Houses-
Opinions of the President of the Legislative Council and Mr.
Gwynne on the subject — Speech of the Attorney-General in the
Assembly— Conference requested by the Council, and assented to
in the Assembly.
~r PROPOSE in this chapter to give an account of
-*- the celebrated privilege question which involved
the relative powers of the two Houses as to Money
Bills. The Constitution Act enacts in its first clause,
" That there shall be, in place of the Legislative
Council now subsisting, a Legislative Council and a
House of Assembly, which shall be called ' The Parlia-
ment of South Australia,' a-nd shall be severally con-
stituted in the manner hereinafter prescribed ; and
such Legislative Council and House of Assembly shall
have and exercise all the powers and functions of the
existing Legislative Council : Provided that all Bills
for appropriating any part of the revenue of the said
province, or for imposing, altering, or repealing any
rate, ta.x, d.uty, or impost, shall originate in the House
of Assembly." In the 40th clause it provides "that
it shall not be lawful for either House of the said
Parliament to pass any vote, resolution, or bill, for the
The Constitutional History of South Australia. 493
appropriation of any part of the revenue, or of any
tax, rate, duty, or impost, for any purpose, which
shall not have been first recommended by the Governor
to the said House of Assembly during the session in
which such vote, resolution or bill shall be passed."
On April 22nd — the first day of the meeting of the
first Parliament — the Treasurer (Mr. R. R. Torrens)
laid on the table of the House of Assembly " a Bill in-
tituled an Act to Repeal Tonnage Duties on Shipping,
and to authorise tlie leasing of the wharf frontage at
Port Adelaide, known as the North Parade," and moved
" that it be now read a first time." Bill read a first
time, and ordered to be read a second time on Tuesday,
April 28th. This Bill passed through all its stages
without opposition, and was transmitted by message
to the Legislative Council on motion by the Treasurer
on ilay 7th, requesting the Council's concurrence. In
the Lecrislative Council the Bill was taken charge of
by the Commissioner of Public Works, and the second
reading was fixed for Tuesday next (May inth). On
that day the Connnissioner of Public Works, seconded
by Mr. Morphett, moved its second reading in the
Legislative (Council. At this stage debate ensued, in
the course of which Mr. Baker said he felt some difti-
culty in dealing with this the first Bill sent to them
by the other House. Perhajts the better way would
be to go into Committee and agree upon some message
to be sent to the House of Assembly. The standing
orders did not provide for such IVills. The President
494 The Constitutional History of Sotith Australia.
said the same course must be taken as if the Bill
originated in the Legislative Council. Mr. Baker, in
continuation, said he must in that case vote against
the Bill, assigning his objections, which were to the
mode in which the Bill was framed, &c., &;c. After
several members had spoken, the Council divided on
the motion that the Bill be read a second time. There
being six votes for the ayes, and six for the noes, the
President gave his casting vote for the ayes, when the
Bill was read a second time and ordered to be consi-
dered in committee on May 21st. In committee altera-
tions were made, and the Bill being recommitted, the
first clause was struck out. Mr. Baker said he thought
it better to make a stand upon the first Bill that was
sent up to them ; for if they passed one in an objec-
tionable form, the subsequent difiiculty would be
increased. The preamble was amended to make it
aofree with the amended clause which struck out the
repeal of the tonnage clues. The report of the com-
mittee was adopted, and the third reading of the Bill
was made an order of the day for Tuesday, June 9th.
On the 9th — the day appointed for the third reading —
the Commissioner of Public Works moved the recom-
mitment of the Bill. It was a Money Bill, he said,
and had been sent up from the House of Assembly.
The first clause of the Constitution Act provided that
all Money Bills should originate in the House of
Assembly. It might be said that this particular Bill
did''not orio-inate in the Legislative Council, but the
The Constitutional History of South Australia. 495
conditions of it were so altered as to make it in effect
a new Bill. After a few remarks in support of this
view, the Commissioner of Public Works moved the
following amendment upon the motion for the passing
of the Bill : — That the Bill, being a Money Bill, he re-
comraitted ivith a view of restoring it to that state in
which its passing vjill not involve the breach of a con-
stitutional i^rinciple and the privileges of Parliament.
The motion of the Commissioner of Public Works was
not seconded. As the Bill was then about to be read
a third time, Mr. Baker moved an amendment to its
title, striking out the reference to the repeal of the
tonnage dues. This was carried, when the Commis-
sioner of Public Works moved that the Bill do pass,
and be carried to the House of Assembly with a
message stating the amendments ivhich had been made
by the Legislative Council. This motion was seconded
by Mr. Baker, who remarked tliat he had heard the
remarks of the Honorable Commissioner of Public
Works with much regret. They were exceedingly ill-
judged, and could onl};- tend to bring about — as he
really fancied tlio Government seemed to desire — a
collision between the two Houses ; therefore he
thought a message .should be sent to the effect " that
the Legislative Couiuil expressed no opinion unfavor-
able to the repeal of the tonnage dues, but simp>ly
desired to avoid legislation upon tiuo subjects in one
Bill." As to the powers of the Legislative Council,
they ivere limited, and did not extend /o lie appro-
49G The Constitutional History of South Australia.
priation of ononey or the alteration of taxes ; but he
did not understand that they onif/JU not alter a Money
Bill. The Upper Houses in the other colonies had
altered and amended many such Bills, and ivhat they had
done had been acceded to by the Lower Houses. The
motion of the Hon. Connnissioner of Public Works
" was only throwing down the bone of contention, and
it seemed to him that he was carrying out, in so
doing, what seemed the polic}^ of the Government."
After much debating on the question of the power of
the Legislative Council to amend Money Bills the
orioinal motion of the Commissioner of Public Works,
which had been seconded by Mr. Baker, was carried
and the Bill was sent down to the Assembly. In this
state of the question the Tonnage Duties Repeal Bill
was sent Ijy message to the Lower House, when, on
June 10th, the Chief Secretary rose in his place and
said " that he deemed it his duty to call attention to a
very serious breach of their privileges by the other
branch of the Legislature." He said, " Upon a recent
occasion they passed a Bill through its various stages
to repeal the tonnage dues and to authorise the leasing
of wharf frontages at Port Adelaide. After a very
careful discussion a Bill was passed and sent up for
consideration to the other branch of the Legislature-
Yesterday they received that Bill without the con-
cuiTence of the other Chamber, and also modified in a
very essential particular — a particular upon which the
House of Commons was exceedingly sensitive and
The Constitutional History of South Australia. 497"
strict. The modifications repealed one of the important
money provisions of the Bill. They had, in fact, struck
out the first clause of the Bill altogether — the clause
by which that House had repealed the tonnage duties.
That was a most important principle, and he submitted
that it was the duty of that House to maintain it
as part of their privileges." The message from the
Legislative Council was here read. The Chief Secretary,
after a long argument, moved " that the Bill passed by
this House, entitled, 'An Act to Repeal Tonnage Duties
on Shipping, and to Authorise the Leasing of the Wharf
Frontage at Port Adelaide known as the North Parade,'
which was forwarded on may 12th last to the
Leiriylative Council for their concurrence, having been
returned to this House with amendments modifying
the Bill in an essential principle, this House requests
the Legislative Council to reconsider the Bill, as it is
a breach of privilege for the Legislative Council tO'
modify any Money Bill passed by this House." This
motion was warmly discussed, l)ut at length was
carried unanimously and the resolution ordered to be
communicated by message to the Legislative Council.
(See Parliamentary debates, p. 257.) Here, then, was
the bejifinnin!^ of the collision between the two Houses
of Parliament, an<l it should be remarked that it wfxs
not an act of the Government of tlic day. Although,
the Chief Secretary hail moved in the matter he took
the question up as affecting the powers and privileges
of Parliament, not as a Government measure included
32
498 The Constitutional History of South Australia.
in its policy. The House responded unanimously on
their own account, and in assertion of what they
deemed their constitutional powers. At this phase of
the question the Bill itself lost its importance, all of
which now centered in the conflict of opinion between the
two Houses with respect to the power of dealing with
Money Bills generally. On Tuesday, June IGth, 1857,
Mr. Morphett, in moving the consideration of a message
from the House of Assembly returning the Tonnage
Duties Repeal Bill, requested the President of the
Council to state how far in his opinion that House
had encroached upon the privileges of the House of
Assembly. The President, Sir J. H, Fisher, then rose
and said (I omit the opening paragraph of his speech
to pass at once to the point) — " Before I ])roceed to
the consideration of that part of the resolution in
question which refers to the modification of a Money
Bill by the Council, I must observe that I am unable
to find any recorded instance of a Bill being sent back
by one House to the other for reconsideration, or any
precedent which warrants such a course as tliat adopted
in this instance. Having drawn attention, as I have
felt it my duty to do, to these preliminary points, I
will proceed to the subject upon which my opinion is
desired. The subject is one which involves a case of
first impi'ession. It is novel and without precedent,
and is of vast importance. In expressing my opinion
on it, therefore, I may be excused for saying that I do
so with o-reat diffidence, thouach I shall not hesitute to
The Constitutional History of South Australia. 499
record it according to tlie best of my judgment. As
to the alleged breach of privilege, the resolution of
the House of Assembly puts in issue the right of the
Council to make any alteration in a Money Bill, and
in effect denies that I'ight. This question must, in my
opinion, be governed by the terms of the Constitution
Act, from which both the Council and the Assembly
derive their legislative powers, and by which those
powers are defined and controlled. By the Constitu-
tion Act the present Parliament, consistiag of two
Houses of Legislature, is substituted for that which
previously existed, consisting of one House only ; and
such two Houses are expressly invested with the same
powers as attached to the one House, excepting that it
is provided that all Bills for appropriating any part of
the revenue of the province, or for imposing, altering,
or repealing any rate, tax, duty, or impost, shall
originate in the House of Assembly. Now the powers
vested in the one House or former Legislature were
" to make laws for the peace, order, and good govern-
ment of the colony, provided that no such law should
be repugnant to the law of England;" and those
powers are transferred in identical terms to the
present Parliament, consisting of the two Houses
without any restriction or distinction as to either in
reference to the other, or any exception giving to the
one any greater or less power or autliority tlian the
other, further than as regards the limitation of
the right of initiating Bills for the appropriation
31 A
500 The Constitutional History of South Australia.
of the revenue, or the other objects before men-
tioned. The powers of each House are, therefore,
with the single limitation first mentioned, coex-
tensive and coequal. Such being the case, it appears
to me that the Council had as much control over
the Bill referred to in the resolution after it was
transmitted to them as the House of Assembly had
after it had been originated by that House, and pre-
vious to its transmission, so far as the right to modify
or otherwise alter such Bill is concerned. To maintain
the contrary it must be shown that the Constitution
Act contains some exception or provision in favor of
the House of Assembly to the exclusion of the Coun-
cil, and extendincf the limited riofht of originatino-
Money Bills to the unlimited right of dealing exclu-
sively with them after they are originated without
any control whatever on the part of the Council — not
even the power of rejecting them — a power which is
not distinctly or separately inherent in the Council
more than any other of the general powers invested
by the Constitution Act in the Council and House of
Assembly conjointly for doing all that is necessary for
perfecting laws for the colony without any qualifica-
tion except tiiat before adverted to. In concluding
the subject I would advert to the course pursued by
the Legislature in the colonies of New South Wales,
Victoria, and Van Diemen's Land, not with an inten-
tion of citing them as precedents, but as exemplifying
their views on the same subject — that is as to the
The Constitutional History of Sottth Australia. 501
power of the Legislative Councils in those colonies to
interfere with Money Bills originated in the other
Houses of Legislature, and transmitted to tliem for
their concurrence.
The Legislature of New South Wales consists of
two Houses — a Legislative Council and Legislative
Assembly — the two unitedly possessing the same
po Wei's as the Legislature of this colony, but differing
in their composition in so far as that the Legislative
Council is nominated, and the other House elected,
and I find on reference to the votes of those Houses
that the Legislative Council assumes to itself the right
of altering a Money Bill sent to it by the other
House, and that in one instance the latter have assen-
ted to an amendment, hut ivith some qualifying
remarks appended. The former Legislature of Vic-
toria, who passed the Constitution Act of that colony,
evidenced their intention that the present Legislative
Council there should not have the power in question
by expressly providing against and excluding the
exercise of it. In that Act it is enacted " that all
Bills for ai)})ropriating any part of the revenue of
Victoria, or for imposing any tax, return, or impost,
shall originate in the Assembly and may be rejected,
but not altered by the Council." From the insertion
of this provision it may be fairly inferred that it was
deemed necessary, in order to exclude the Council
from the power of altering such Bills, which they
would otherwise have possessed under the general
602 The (JonstituUonal History of South Australia.
authority to make laws conjointly with the Assembly.
The Legislature of Van Diemen's Land consists of two
Houses, both elected, and possessing the same powers as
the Legislature of this colony. The Legislative Council
there have assumed the right of altering, and have, as
appears by the votes of that Council, altered several
Money Bills, and have amongst others altered the
Appropriation Bill. A conference has taken place
upon the subject between the two Houses theie, and
no conclusion has been come to, and the House of
Assembly have agreed to the amendments without
prejudice. After giving the subject the best considera-
tion in my power, I am decidedly of opinion that the
Council in altering the Bill in question as they have
done, have not committed any breach of privileo-e,
inasmuch as I consider their acts in this respect to be
clearly within the scope of their powers. In forming
this opinion I am governed solely by what I conceive
to be the legal interpretation of the Constitution Act.
Without vieiving the question as one of expediency
or not, or alloiving my inind to he improperly
influenced by any fanciful imagination as to luhat
might or "might not he the intention of the Act
or its framers further than can he collected from
the express terms of the Act itself, I apprehend
that any presumed meaning or intention of an
Act cannot prevail over the expressed sense, but
that effect can only be given to the intention when-
ever such intention can be indubitably ascertained by
The Constitutional History of Soiifli Australia. 503
permitted legal means ; and that while admitting it
as a maxim that effect ought to be given to the inten-
tion and object of the framers of an Act, I nevertheless
hold it to be an established doctrine that in order to
give such rule its full signification, it must be such an
intention as the Lescislatures have used fit words to
express. Although the spirit of an Act is to be
regarded no less than its letter, yet the spirit is to be
collected from the letter ; and it would be dangerous
in the extreme to infer from intrinsic circumstances
that a case for which the words expressly provide
shall be exempted from their operation. It would
seem that in the United States of America it is not
thought unwise to invest the Senate (which is a branch
of the Legislature there, synonjnnous with the Legis-
lative Council of this colony, though elected in a
different manner) with the same powers as are claimed
by this Council ; for by section 7 of the Constitution
of the United States it is thus provided, viz. : — " That
all Bills for raising revenue shall orioinate in the
House of Representatives, but the Senate may propose
or concur tvith amendrnents as in other Bills." With
regard to any question of intention, independent of
what may be drawn from the language of the Consti-
tution Act, it may be useful to the Council to have
placed before them a short outline of wliat occurred
prior to anrl during the passing of that Act.
In IHo'i a Bill was first introduced for altcrinij the
tlien existing Constitiitioii and estaVilisliing a Parlia-
■504 The Constitutional History of South Australia.
ment in this piovince, consisting of a Legislative
Council and House of Assembly, and the clause which
was to give to those Houses the powers of legislation
contained a proviso limiting the power of originating
Money Bills to the House of Assembly in the same
words as the proviso before referred to in the present
Constitution Act. That Bill passed the Legislature,
and, having been reserved for Her Majesty's assent,
was disallowed. In 1855 a fresh Act (the present
Constitution Act) was introduced, but it did not in the
first instance contain any similar proviso. The first
and second clauses of that Act were passed in com-
mittee, but the first clause was recommitted with a
view to the inti'oduction of the proviso, and, after
considerable debate, its introduction was admitted.
The debate upon the subject on November 27th, 1855,
will be found to contain matter bearing upon the
point in question, and exhibiting the views taken by
the honorable members who joined in that debate. I
should here have closed my expression of opinion, but
that, considering the importance of the question, and
the propriety of viewing and discussing it in all its
bearings, I feel compelled to refer to what I under-
stand to be a favorite theory of some, that the right
claimed by the Council cannot be well founded, inas-
much as it is opposed to the custom and practice of the
Parliament of Great Britain. To establish that theory
an analogy must be shown to exist between the Par-
liament of Great Britain and the Parliament of this
The Constitutional History of South Australia. 505
colony, and that such analogy is so close as to render
the principle which governs the practice of the Parlia-
ment of Great Britain, and upon which that practice
is founded, not only applicable to, but as of necessary
and imperative adoption by the Legislature of this
colony, notwithstanding the Constitution Act, or even
coupled with its provisions. I apprehend that no such
analogy exists, and therefore the theory is groundless.
The Parliament of Great Britain consists of three
estates — the Queen, the Lords, and the Commons.
The Parliament of this colony consists of two estates
only — the Queen and the Commons ; although the
latter is divided into two different Houses or portions
of the Legislature. The Lords are members of the
Legislature by virtue of a right inherent in their
persons, and they are supposed to sit in Parliament on
their own account and for the support of their own
interest. In consequence of this they have the right
of voting by proxy — (the Commons have not the right
because they are themselves the proxies of the people)
— and when any of them dissent from tlie resolutions
of their House, they may enter a protest against them
containing the reasons of their particular opinions.
This part of the Legislature is declared frequently to
balance the powers of tlie people. It cannot be pre-
tended here that the Legislative Council have the
privileges of the House of Lords, as such privileges
would not be consistent with the constitution of the
Legislative (jouncil, because their privileges arc ex-
506 The Constitutional History of South Australia.
pressly restricted, by tlie 35tli section of the Consti-
tution Act, to the privileges of the House of Commons,
showing a continuous and obvious intention by express
terms to place the privileges of the Legislative Council
and House of Assembly upon the same footing and
equality. The Commons are the third estate as the
representatives of the people, being elected by them.
To the Commons the people have delegated the power
of passing laws ; to both Houses here the people have
delegated the power of framing law^s ; in both Houses
here the people have delegated the same power, and
herein consists the real distinction between this and
the Imperial Parliament. The Lords as the second
estate have a distinct interest from the Commons, and
are in no wa}^ the representatives of the people, while
here neither House have a distinct interest from the
people, both Houses being equally bound to protect
the interests of the people. The only similarity be-
tween the Parliament of this colony and the Parlia-
ment of Great Britain is that all its constituents form
a check upon each other. But the principle of that is
different. The House of Commons — that is, the people
— are a check upon the nobility or House of Lords, and
the latter a check upon the people by the mutual privi-
lege the}^ enjoy of rejecting what the other has resolved.
Although the practice of the Imperial Parliament has
been so established by long usage and custom, that the
Lords do not interfere in altering Money Bills, or
exercise any other right than that of_ either] assenting
The Constitutional History of South Australia. 507
to or rejecting them, yet it is a matter of Parliamentay
history that in former days there are marfy instances
of the Lords introducing measures imposing pecuniary
burdens, and in later times altering Bills passed for
similar objects in the Commons, an<l the Commons
assenting to the amendments, but that subsequently
the Commons have objected to the interference of the
Lords further than by assenting to or rejecting Bills.
It is clear that though acquiescing in that restriction
upon their rights imposed by the Commons, and by
long usage become the custom of Parliaiiunt, the Lords
have never acknowledged any further privilege upon
the part of the Commons than that of originating Bills
of Supply. The right assumed by the House of Com-
mons, to introduce and pass Money Bills without any
further intei'ference on the part of the Lords than by
assent or rejection, is founded upon the fact of their
being the elected representatives of the people, and as
such alone having the right to impose burdens upon
them, and the Lords representing their own interests
only ; but that principle cannot apply to this colony
and confer a greater right upon the House of Assembly
as to dealing with IMoney Bills than the Legislatives
Council, each being equally the elected representatives
of the people, and each possessing by consequence
the same authority and control over the finances of
tfte colony. The duty of each House is equal ; both
are bound as representatives of the people to protect
their interests, and if either neglect to do so it would
•608 The Constitutional History of South Australia.
be a dereliction of their duty. If the power of the
two Houses here is equal, then the supposed analogy
to the Imperial Parliament is not maintainable, nor if
it were could it have the effect of varying that power,
and giving to one House a greater authority than the
other."
^Ir. Morphett, after this exposition of the views of
the President, proceeded with his motive, and in a
speech in which he argued the question on the grounds
stated by the President, and also made personal allu-
sion to the course pursued in the debates on the
Constitution Act in 1855, by the Chief Secretary, the
Attorney-General, and the Treasurer, concluded by
moving — " That this Council having received a mes-
sage from the House of Assembly stating that the
Council has committed a breach of privilege in return-
ing to the House of Assembly the ' Tonnage Duties
Repeal Bill,' with certain amendments made by the
Council, and having given the fullest consideration to
the message of the House of Assembly, resolves that
in the opinion of this Council, it has not committed a
breach of privilege in making the amendments to the
Bill in question, it being the undoubted right of this
Council to make amendments in all Bills whatsoever
sent up to the Council by the House of Assembly ;
and it being bound in justice to the people by whom
it is elected to maintain their rights, and to exercise
the powers given to it by the Constitution Act, it is
the imperative duty of this Council to send the
The Constitutional History of South Australia. 509"
' Tonnage Duties Repeal Bill ' again to the House of
Assembly, and to desire that the House will concur in
the amendments made bv the Council : hiot this Coun-
cil regrets that the House of Assembly had not adopted
the more Parliamentary course of requesting a
confere^ace betiueen the tivo Houses on the 2>oint in
question." {See Parliamentary Debates, June 16th,
1857, p. 294.) Ml'. Baker seconded this motion, and
Mr. Forster spoke at length in its support, when Mr.
Gwynne rose and said — " He felt some difficulty in
expressing an opinion on the subject before the House,
as he had neither had the opportunity of giving it the
careful attention its importance demanded, nor of
hearing the elaborate, and he felt sure, very valuable
paper which he understood to have been just read by
the learned President. But the question presented
itself to him in a very strong light, and he must confess,
thourjh under the circumstances mentioned it miofht
seem presumptuous to say so, that he could not con-
ceive of any feasible defence for the course which
had been taken by the House of Assembl}'. The
opinion formed Ijy that House appeared to have been
partly inaile up of analogies drawn from the British
Constitution, and partly upon conclusions based upon
its own reading- of the Constitution Act. With I'Cirard
to the analogy sought to be established, it must bo
remembered that for a loncj time the rij^ht of tlie House
of Commons to impose taxes was gi'ounded upon the
alleged fact that being the representatives of the
510 The Constitutional History of South Australia.
people they were taxing themselves. To this it was
objected that they also taxed the Peers, who beingmostly
large holders of property were as much affected as the
people. But he believed that the House of Commons
held the power of taxation because it was a temporary
body elected by the people, while the House of Lords
was a permanent body originally nominated by the
Crown, and subject to its direct and continual influence.
What analogy was there between that House and the
Legislative Council of South Australia ? The Legis-
lative Council was not nominated by the Crown ; it
was not a permanent body, for its members went back
in rotation to their constituents ; and it was not subject
to the influence of the Crown. In some of these
points, therefore, was there the slightest analogy
between them ? Even as regarded the powers at
present possessed by the House of Commons with
regard to Money Bills, he might refer them to ' May,'
who would tell them (p. 426) that for three hundred
years the Commons were content with simply originat-
ing such measures. It was only at a comyjaratively
recent period — in 1671 — that they advanced their
claims somewhat further by insisting on their rights
to prevent Money Bills being dealt with by the House
of Lords in any other manner than by assent or
rejection ; and a resolution to that effect was eventu-
ally passed in 1678. That was comparatively a modern
power assumed by the Commons House of England ;
but the House of Assembly here jumped at once to the
The Constitutional Sistory of South Australia. 511
assertion of the same rights which had been so long
imclaiuied at home. He was not prepared to say
positively whether or not the Tonnage Dues Bill could
fairly be considered a Money Bill, but he would assert
with conlidence that it was not one which the
Commons of England would have ventured to have
sent back to the Lords for the reasons, and with the
message with which the House of Assembly had
returned it to the Legislative Council. No doubt
honorable members generally were acquainted with
Hallam's luminous observations upon the Constitution,
and would remember his mentioning the objection
made by the Lords to the practise of tacking on irrele-
vant matter to Money Bills. The Commons had ceded
the point, and the Lords would not now receive any
Money Bills containing general clauses. It would be
seen then that in mixing up other matter in the Bill
for the repeal of the tonnage dues, the House of
Assembly had assumed a power which the Commons
of Englar\d did not claim. The arguments drawn from
analogy had not weight with him, for he was convinced
that no analogy existed. TJie question ivas simply on
the construction of the Act, the provisions of which he
would shortly consider. Till lately our Legislature
consisted of a single House, composed of eight nominee
and sixteen elected members. To them was granted,
by the Imperial Act, the power of altering the Consti-
tution, and substituting for the existing House, a new
Legislature, consisting of either one or two Houses.
512 Tlw Constitutional History of South Australia.
It was the execution of that power which brought
into existence the present Legislative Council and
House of Assembly. The Act declared that the Legis-
lature, wliether consisting of one or two Houses, should
possess no greater powers than those of the former
Legislative Coimcil, but it was silent as to the division
of those powes in event of two Houses being established.
But then our Constitution Act did to a certain extent
legislate upon that point so far as to say that all Money
Bills should be initiated in the House of Assembly.
But it further enacted, in the 35th clause, that it
should be lawful for the Parliament to define by Act
the privileges, immunities and powers to be held,
enjoyed and exercised by the Legislative Council and
House of Assembly, and the members thereof respec-
tively, provided that no such privileges, immunities or
powers should exceed those of the Commons House
of Parliameat. It would be seen, therefore, that all
the Act said was that Money Bills should originate
only in the House of Assembly, but that all further
distinction of powers should be settled by a future Act.
But the House of Assembly had not waited for legis-
lation on the subject, as was required by the Act ; it
had come to a iconclusion at once. He must say that,
before arrogating to itself powers that were not ex-
pressly given to it by that Act, it would have been at
least more courteous to have passed some resolution on
the subject, and directed the attention of the Legis-
lative Council to its views upon the functions of the
The Constitutional History of South Australia. 513
two Houses. Instead of that, while the Leorislative
Council were exercising, as he believed, their proper
powers, the House of Assembly sent back a Bill without
previous notice, and accompanied by a message charging
the Legislative Council with having committed a breach
of their privileges. Privileges ! Why they had no
privileges either as a House or as individual mem-
bers, and could have none, till a Bill to
define them had been passed by both Houses,
and was assented to by the Governor. If they required
greater powers than they at present possessed, they
would obtain them in no other way. He might add
that if it could be shown to him that any extended
powers they might so seek would be advantageous to
the colony, he would be one of the first to concur in
granting them ; but the course at present pursued was
not calculated to promote mutual respect and confi-
dence between the two Houses. The Imperial Act did
not define the powers of the two Houses. The Con-
stitution Act gave the House of Assembly the
exclusive power to originate Money Bills ; but that
was a very different question from the negative power
of preventing the Legislative Council's amending
them. The two questions were historically distinct —
literally historically distinct in England, as he had
already shown from " May"; and when the Constitution
Act gave the House of Assembly merely the power of
originating Money Bills without adding anything else,
how could it be contended that the other powers
.^3
514 The Constitutional History of South Australia.
followed as a matter of course ? The Act clearly gave
the positive without the negative power. Therefore
he, as a lawyer, could give no other opinion than that
the Legislative Council had acted legally, and that the
House of Assembly had done otherwise, for it appeared
to him that the Legislative Council had as much power
to alter a Money Bill as it had to alter any other
Bill."
The Honorable Mr. Gwynne, who gave the fore-
going elaborate opinion upon the relative powers of
the two Houses, was a leading member of the Bar,
justly distinguished for an extensive knowledge of the
law acquired in the mother country, from which he
emiorated to settle in South Australia as one of the
pioneers. He was subsequently elevated to the Bench
of the Supreme Court. His opinion on the privilege
question, as it was called, as well as that of Sir James
Fisher, has been quoted in full as delivered in the
Legislative Council and reported in the Parliamentary
Debates. I have not deemed it necessary to give the
opinions of the lay members on this great Constitu-
tional question as, although many eloquent, brilliant
and logical speeches were delivered in both Houses,
those speeches will not carry the same weight in the
decision of the point involved as the deliberate utter-
ances of men learned in the law, and by consequence
versed in the interpretation of statutes. To these
learned utterances I shall simply add the speech of the
Attorney-General (Mr. Hanson) in the House of
The Constitutional History of South Australia. 515
Assembly, and I cannot avoid describing it as a master-
piece of forensic eloquence, exceeding in power of
reasoning, and in its elaborate rhetorical arranorement.
any previous or subsequent display of oratory by the
learned gentleman. His speech in the Lower House
will be quoted in full — lengthy as it is. But I am
writing for the guidance of posterity, on a matter of
the highest importance to the rights and liberties of
all South Australians ; and I deem it proper, therefore,
to extend this chapter to a much greater length than I
had intended, that the whole question may be put
before the public in a form in which the arguments
are combined into one chapter instead of being scattered
through the pages of the printed Parliamentary Debates,
mixed up with other debates and much formal matter,
which it would be tedious to travel through in order to
arrive at the kernel of the question.
The debate in the Legislative Council, when Mr.
Gwynne took up the question, was finally brought to
a close on June 17th, 1857, and the resolution proposed
by Mr. Morphett on the IGth, was carried on a division
by a majority of twelve in a House of fourteen mem-
bers. The names of the members who voted on the
occasion were— for the ayes : Captain Bagot, Mr. Stirl-
ing, Captain Hall, Mr. Younghusband, Mr. A. Scott,
Mr. Angas, Mr. Morphett, Dr. Da vies. Captain Scott,
Dr. Eveiard, Mr. Ayers, Mr. Baker, Mr. Forster ; on
the .side of the noes : the Commissioner of Public
Works (Mr. Davenport) stood alone. The names of
3.3 a
516 The Gonstitutional History of South Australia.
those who took no part in the division, are : Major
O'Halloran, Captain Freeling, and Mr. Gwynne, and
the President (Sir James Fisher). The battle was now
relegated to the Assembly, where it was taken up on
July 22nd, after an adjournment of the House from
June 12th to July 21st. The resolution carried by
Mr. Morphett in the Legislative Council, and trans-
mitted with a message to the House of Assembly,
contained in its last paragraph words amounting to a
reproof of the Assembly in asserting " that the Coun-
cil regretted that the House of Assembly had not
adopted the more Parliamentary course of requesting
a conference between the two Houses on the point in
question." This was certainly going beyond the mere
upholding of a right. On July 22nd, the day after
the recess, the Chief Secretary moved that the House
of Assembly go into committee of the whole House, to
consider the message from the Legislative Council,
dated June 17th, and argued the question at length
entirely upon its merits, omitting all reference to
the personal aUusions made in the Upper House.
He concluded, amidst cheers, in moving " That the
amendments pro^posed in the Tonnage Duties Repeal
Bill by the Legislative Council he not agreed to by this
House, and that the Bill remain on the table pending
the further pleasure of the House, luith a note thereon
of this decision, to be made and signed by the clerk.
That by the Constitution Act the sole poiver to origi-
nate any Bill for appropriating any part of the
The Constitutional History of South Australia. 517
revenue or for imposing, altering, or repealing any
rate, duty, or hnpost, is vested in the Hou^e of
Assembly. That the right so conferred of originat-
ing all Money Bills for tJiese purposes necessarily
includes the whole right to direct, limit, and appoint
in such Bills the ends, purposes, consideration, con-
ditions, limitations and qualifications of the tax or
appropriation by such Bill imposed, altered, repealed,
or directed, free from all chanae or alteration on tlie
part of any other Hou^e. That ivhen this House
transmitted to the Legislative Council its message of
June 10th, 1857, it had no reason to suppose that any
conference vjith the Legislative Council could be
required, since the poiuer luith regard to Money Bills,
claimed in the message now under consideration, had
not then been asserted."
The motion of the Chief Secretary was seconded by
the Treasurer, and supported by him in a brilliant
speech, in which he rebutted the charges of incon-
sistency applied to himself, based upon the arguments
he had used in 1855, in the discussions which resulted
in passing the Constitution Act, which arguments
applied to a measure altogether different in its con-
ditions from the Act which finally passed the Legis-
lative Council of that period. He took up the
argument of analogy so fully discussed in the Upper
House on this occasion, and generally he combated
with great clearness and force, the views of those who
asserted the claims of the Legislative Council to
518 The Constitutional History of South Australia.
modify Money Bills. A very interesting and instruc-
tive debate followed, in which most of the members
spoke as though they were addressing their constitu-
ents, since threats of a dissolution had been muttered.
The Attorney-General (Mr. Hanson) rose late in the
debate, which occupied three days. The resolution of
the Chief Secretary was carried on July 24th, and on
a division being called for, twenty-six members voted
for the ayes, and one only for the noes.* The
Attorney-General spoke on the 24th, the last day of
the debate. His words were (I omit the opening para-
graphs as being merely introductions) — " The point at
issue — the point which we now have to decide — is
whether the House of Assembly, claiming to be the
special representatives of the whole people of South
Australia, or the Legislative Council, which represents
only a portion of the community, is to have power
over the public purse. That is the question to be
discussed. The Legislative Council, by the resolution
transmitted to this House, virtually says this power
belongs substantially to themselves, because they come
after us, and by virtue of their power of amendment,
possesses and can exercise a controlling power over
everything we have previously done. We say, on the
contrary, the power of right belongs to us, both as
representatives of the people, and by the express
words of the Constitution Act ; and, sir, this and not
any formal or technical point is the question which
* See votes and proceedings of the House of Assembly, July 24th, 1857.
The Constitutional History of South Australia. 519
we have now to settle. Now the first point to which
I would call attention is this. What luas the intention
of the Legislature when they introduced the clause
upon the construction of which this dispute has arisen ?
And, sir, although I have read in the papers reports of
speeches, stated to have been made in another place —
and when I say papers, I wish it to be understood
that I arn referring to the organ of an honorable
member who has a seat in that place — although I have
read in those reports statements to the effect that the
Upper House had nothing to do with " intentions "
in arriving at the meaning of this clause, but that all
they had to do was to look at the plain, grammatical
construction of the words used. I must say that if
such language were used, it would be very appropriate
for a mere lawyer arguing in favor of a particular
construction ; but it is not the language of a states-
man, and assuredly it is not the language of a man
who desii'ed to be guided in public affairs by the
principles which would actuate him in private life.
At any rate, sir, to us who have no wish to claim any
power which it- was not the object of the Legislature
to confer upon us, this question of intention is impor-
tant. I affirm, then, as a point beyond dispute — as a
matter which everybody felt and clearly understood
at the time this clause was passed, that the intention
of the late Council was to give the House of Assembly
in this Legislature the same powers with regard to
money which the House of Commons possesses in the
620 The Constitutional History of South Australia.
Imperial Parliament. But, sir, if in seeking to give
•effect to this intention words had been used which
were believed to express and give effect to the avowed
purpose of the Legislature, and if it were subsequently
discovered that through some negligence or accident
the words employed did not fully f^arry out this inten-
tion, or at least were capable of being perverted from
their intended meaning, and if it were attempted so to
pervert them, then, I say. what would be thought of
such conduct in private life ? What would be thought
of an individual who would say ' Oh, it is true we
were two parties to a bargain ; we entered into an
agreement to do so and so. I admit that our inten-
tions in the compact were precisely as you represent ;
but you see that some words were dropped out of the
agreement, and now I take my stand, not upon our
intentions, but upon the letter of the contract.' I ask
what would be thought in private life of such an indi-
vidual as that ? What, then, in public life, ought to
be thought of the conduct of gentlemen luJco, by their
very protest agaimst inquiring into the question of
intention, really admit that the intention of the framers
of the Constitution Act was, as I have described it,
namely, that the House of Assembly should have all
the rights and privileges in money matters which are
possessed by the English House of Commons — of
gentlemen who say, ' We admit that that was our
intention ; but because it is not clearly expressed, we
will not carry it out ?' . . . . I shall go a little
The Constitutional History of South Australia. 521
further, but not much, because the honorable members
for the Sturt, Gumeracha, and the Burra, as well as the
Treasurer and the Chief Secretary, have proved by
arguments and quotations from various sources what
was the distinct understanding of the various persons
who took part in the discussion — not merel}' in the
discussion of this particular clause, but in all the
various discussions which preceded the passing of the
Constitution Act. These honorable members, I say,
have proved beyond all doubt that the intention
avowed by all was to give the Lower House the power
of the purse ; therefore 1 do not go into that. I will
refer only to one or two matters which have not yet
been adverted to, to show that the intention of the
Legislature was such as I have described it. You will
recollect, sir — many members of this House will recol-
lect — the time when the first Parliament Bill was
introduced by the Government ; they will recollect, as
has been already shown, that that Parliament Bill
contained a provision with regard to Money Bills
substantially identical with the provision embodied in
the Constitution Act under that Parliament. But it
was intended that the Legislature should be composed
of two Houses — one being elective, and the other
nominative. Of course it was never intended — it was
never supposed to have been the view of the Govern-
ment, and certainly it could not have been supposed
that it would liave been suljmitted to by the country
— to give to a body nominated b}^ the Crown any
522 The Constitutional History of South Australia.
more power over Money Bills than is possessed by an
analogous institution — viz., the House of Lords, the
members of which hold their seats by virtue of digni-
ties conferred by the Crown. To show that such was
the intention of the Government in introducino- that
Bill, and that such must necessarily have been the
design and intention of the Legislature by which it
was passed, I would refer the House to the speech of
the late Governor, Sir Henry Young, in opening the
session of Council for 1858. On that occasion, after
stating what was to be the Constitution of the two
Houses, he said : — ' In framing the Bill for constituting
a Parliament a principal object has been to combine
the advantages of a popular Government with those
which result from the existence of an independent
body, identified with the permanent interests of the
colony, and forming a security against hasty or partial
legislation. With this view the number of members
of the House of Assembly is proposed to be increased,
the elective franchise extended, the duration of the
Assembly to be reduced from five to three years, and
a more simple and, it is believed, efiicacious plan of
registration has been devised. It has been provided
(mark the words !) that the Assembly thus consti-
tuted shall ha,ve the same control over the revenue and
expenditure which is possessed by the Commons House
of Parliament in England. That is a matter upon
which there can be no question. It is on the records
of the journals of the Legislature of this province ; so
The Constitutional History of South Australia. 523
that here there is a distinct announcement, acquiesced
in by the whole body of the Legislatui-e of the day,
that the words used in this Act for the purpose of
defining the powers of the House of Assembly did
provide that we should possess all the privileges with
regard to Money Bills which are enjoyed by the Eng-
lish House of Commons. And, sir, throughout the
whole of the debates on this subject there never has
been a word used by any member who voted in favor
of the clause embodied in this Bill tending to show
that they ever dreamt of conceding to the Legislative
Council, as now constituted, any other power with
regard to Money Bills than that possessed in the Impe-
rial Parliament in analogous matters by the House of
Lords. Independently, then, of the quotations to
which I have referred, and which have been adduced
by other honorable members concerning ' the power of
the purse,' and which means nothing unless it means
what we are now contending for, the records of the
House afford conclusive proof of what was understood
to be the meaning of the words which are substantially
embodied in the Act under which we now meet and
Vjy the authority of which we now legislate. It was
thought, whether justly or not I will not at this
moment enquire, that the words originally introduced
ill the Parliament Bill of 18.53, and afterwards
embodied in the amendment you. Sir, introduced into
the Constitution Act did not sufficiently define the
power intended to be granted, and, therefore, Mr.
■524 Tlie Constitutional History of South Australia.
Baker that was then, and the Honorable Mr. Baker
that is now, together with some other members,
expressed an opinion that some other words should be
used for the purpose of making it more clear that all
power with respect to dealing with Money Bills was
vested in the House of Assembly. I cannot pretend
to say what was passing in the mind of the Honorable
Mr. Baker at the time. I cannot pretend to say
whether he saw, or fancied he saw, the loophole which
some brain, fertile in objections, has since discovered.
I cannot pretend to say whether he thought that the
words he then uttered would lead anybody to suppose
he would support the Legislative Council in the claim
they have now set up; but I do say that had the
hint been given at the time to the majority of the
Legislature who passed this clause, that any such
question as that which we are now discussing would
ever have been left open to the construction now
attempted to be placed upon it good care would
have been taken to prevent the ' loophole ' which has
been taken so much advantage of. Every honorable
member who supported or opposed your amendment
believed, or professed to believe, or, at any rate, acted
as though he believed that these words conferred upon
the Lower House the entire control of the public
purse.* Now, such being the case, I must say again,
*Mr. Baker did not consider it conclusive against the Legislative
Council, and there may have been others. But the supporters of Mr.
Kingston's amendment were satisfied of the legal knowledge of the
framera of the clause.
The Gonstihitional History of South Australia. 52.>
Sir, that the conduct of those who, having been parties
to passing this Act, now say that the intention might
have been that which this House affirms, but that the
words of the Act do not carry out that intention, and
that they will, therefore, look only at the letter and
pass over the spirit of the law is not such conduct as
we should have expected from gentlemen wearing the
honorable title to which I have i-eferred."* At this
stage of the debate Mr. Hanson takes up the question
of his own consistency as Mr. Torrens had done. I
leave this out as scarcely relevant to my plan of
proceeding. Mr. Hanson proceeded to say — " I voted
against the amendment (the proviso of Mr. Kingston)
because the place at which it was proposed to introduce
it did not appear to me the most suitable. But I
spoke strongly and I pledged myself to vote in its
favor when the 3oth clause should come under
consideration. I stated, Sir, as my reason for
supporting the principle supposed to be embodied in
the amendment that there were two inconveniences
which would arise from giving to the Legislative
Council the equal power proposed to be conferred by
the original Bill. (This was in 1855.) The first of
these which certainly appeared to me to be a great
inconvenience was that if either House might initiate
Money Bills, then it would be in the power of any
Governor — I do not speak of Sir Richard Graves
* This is vituperation, not argument.
•526 The Constihdional History of South Australia.
MacDonnell or of any Governor in particular, but
of that abstraction : 'the officer administering the
Goveniment ' — if he found a Conservative Upper
House were in favor of particular interests which he,
the Governor, was desirous of supporting it would be
in the power of His Excellency to select his Ministry
exclusively from the members of the Upper House.
If, as was proposed, that House had possessed the
power to originate Money Bills we might possibly find
the Governor conducting the whole business of the
country in the Legislative Council in the same way as
it is now conducted by the Government in the House
of Assembly. All Money Bills would be initiated in
the Upper House, in which all, or a great majority, of
the Ministry might have seats, and we should only be
privileged to check the ' Estimates.' Under such
circumstances the Governor would have had it in his
power to play off one House against the other ; and thus
all the substantial power of the State would be placed
in his hands. This, Sir, was the first inconvenience
which I apprehended from the equal powers in money
matters proposed to be given to both branches of the
Legislature. But there was another inconvenience
bearing more particidarly upon the present question
which I pointed out ; and in reference to this I
will quote from the Register words which I find are
attributed to me, and which, therefore, I believe that
I substantially employed. ... I am therefore
willing to take the report as far as it professes
The Constitutional History of South Australia. 527
to represent what I did say as substantially
correct. (In the Register of November 28th,
1855.) ' It (the right in both Houses to initiate
Money Bills) would also have the effect of bringing
the two Houses into collision and give to each a right
to scrutinise, alter, and amend to any extent the
the decisions of the other.' Now, in giving that as a
reason why the power should not be accorded to the
Upper House which your amendment (Mr. Kingston's)
proposed to take away from that Chamber, I necessarily
implied as my belief that if the power to originate
was taken away, it would also take away from them
the right of scrutinising, altering, and amending Money
Bills. Then I find I am again reported to have said —
' It was desirable that whatever House was considered
as containing the Conservative instinct, as opposed to
that which would more especially represent the
popular elen>ent, should have the power to refuse the
levying of taxes and imposts, but not to originate
Bills having these objects in view.' Then I proposed
that the House which was to represent the Conserva-
tive interest should have the power to refuse but not
to alter Money Bills. I did that because I understood,
as I believe every constitutional lawyer, up to that
time, had understood that the power of initiating
Money Bills included and carried with it the sole
power to deal with them in their various stages. . . .
' I am sure of this — that the people of South Aus-
stralia chose an elective U])pcr House because they
528 The . Constitutional History of South Australia.
believed it would more faithfully represent them, and
be more amenable to proper influences than a nomi-
nated Chamber ever could be. I believe, therefore,
that the people would regret any necessity which
« might arise for disposing of that body. For my own
part I emphatically declare that in my opinion, with
the exception of the control of the purse, the powers
of the Legislative Council should be coequal with
those of the House of Assembly. I hold this opinion
because I think that without the possession of these
powers the dignity and efficiency of the Council would
be impaired, and because I believe that the House
which possesses the power of the purse has the means
of brino^inor the other House into conformity with its
views. And, sir, I am of opinion that these means
should belong to the House which represents the
people, as opposed to that which represents a class.
But under present circumstances if the claims of the
Upper House were conceded, any one of its members
might — after a Bill had been originated here by being
laid on the table of the House — take it up and proceed
with it in the Legislative Council. I see nothing in
the plain, grammatical construction of the clause
which should prevent that being done. If we are to
have nothing more than the power of originating
Money Bills in this House, as that power is now
sought to be defined, then I say we have no power to
bring the other House into conformity with our
opinions ; and if a difference takes place in which
The Constitutional History of South Australia. 529*
neither Chambei' is disposed to yield, we have no other
remedy than an appeal to the people as the source and
origin of all our powers ; and they, I have no doubt,
would set all things to rights by creating a Legislature
which shall in reality represent their opinions. But I
should regret the necessity that would compel such a
course. The difficulty which has arisen out of the
attitude of the Council is one of those difficulties
which it was supposed would have been avoided had
the plan suggested by the Government in the first
Pai-liament Bill (1853) been carried out, namely, that
the Upper House should not be elected by the people.
We should then have been in a position to say the
will of the people is only expressed in the House of
Assembly ; and we should have had constitutional
methods of overcoming the resistance of the Upper
House, But, sir, it would seem that no such ccjnsti-
tutional means now exist ; and, therefore, deeply as I
should regret a change in the Constitution, yet I must
agree with the Treasurer as to the necessity of devising
some effectual means of brinrjino; the two Houses intO'
harmonious operation. It is not to be expected that
the House of Assembly* can give way to the Legisla-
tive Council. Something, therefore, must be done tO'
make tlie Legislative Council give way to the House
* The House of Assembly is elected by universal suffrage ; the
Upper House is elected by a limited class of voters holding a high
property qualification, and the term of office is for twelve years, one-
third of the members retiring every four years.
34
530 The Constitutional History of South Australia.
of Assembly ; because there is no other way of getting
over the difficulty except the one I have just adverted
to. But, sir, it has been said .that the Legislative
Council represents the people, and I see the Honorable
A. Forster has put forth that statement in a letter.
Mr. Forster puts down the number of constitutents
represented by the Upper House at 10,000, and seems
to argue that it is intended on the part of this House
to set aside and ignore the influence of this large class
of people altogether. Now, this argument implies an
entire forgetfulness of the fact that these 10,000 con-
stituents are quite as much represented in this House
(the Assembly) as they are in the Legislative Council.
I believe that there is scarcely one of those 10,000
electors who recorded his vote for the Upper House,
that did not, if he had the opportunity, also record a
vote for the House of Assembly. I don't know what
proportion recorded their votes in my favor, but I feel
satisfied it amounted to a large number. One thing is
quite evident, this House not only represents — as I say
emphatically that it does represent — these 10,000, but
it represents many thousands beyond them. We, as
well as the Upper House, represent that class of the
community possessing the Conservative instinct — that
class which comprised so many opponents to the
original Government scheme* of making one suffrage
for both Houses — these electors are included in one
* The original Government Bill of Sir E. MacDonnell gave equal
powers in money matters to both Houses.
The Constitutional History of South Australia. 531
constituency. We, therefore, represent all that the
Legislative Council represents, and we do a great deal
more than this ; because while on the one hand we
represent all that they represent, on the other, what
we represent they do not and cannot represent. But
for any person to speak as though the 10,000 were not
represented in this House, involves such a manifest
absurdity, such a palpable fallacy, that I could hardly
have expected it to proceed from a master of logic so
eminent as the hon. gentleman to whom I have
referred." .... (I omit here much personal allusion,
and return to Mr. Hanson's speech, where he says) —
" I will now advert to the question, how far the powers
we claim are warranted by the language of the Con-
stitution Act? Now the argument of the Legislative
Council is that the words ' originatinof Bills ' having
been used for the purpose of defining the privileges
specially given to the House of Assembly, it neces-
sarily leaves in the other House the same power of
dealing with these Bills after they are once introduced
as is possessed by this House. But as I have already
stated, if that argument be allowed, there is no reason
why they should not take up any Bills before they
have passed this House — though nothing of the sort
is claimed at present, and therefore I need not dwell on
this point. I advert to it in order to show that the argu-
ments they now use might easily be stretched to embrace
that i)Osition. But leaving this interpretation as one
which is not likely to be urged as yet, and examining
34a
532 The Constihdional History of South Australia.
what are our powers, I would remark, the first thing
one would look at as a means of deciding the rules by
which Parliament should be guided, would be the
standinof orders of both Houses. These are the
authoritative interpretation which each has given
of its rights and its position. Referring to these
orders of both Houses, I find that in our standing
orders provision is made that in all matters not
specially provided for we shall be guided by the ' rules,
forms and practice of the Commons House of the
Imperial Parliament.' This is one rule. The Legis-
lative Council, on the other hand, have adopted the
standing orders of the late Legislature, and which
provide ' that reference shall be had to the rules, forms
and usages of Parliament.' If these standing orders
are to go for anything, the question would be at once
put at rest, for the phrases used in these standing
orders by the Legislative Council show that they con-
ceive themselves to occupy a position in the Consti-
tution analogous to that occupied in the United King-
dom by the House of Lords, whilst those adopted by
the House of Assembly show clearly our claim to
occvipy a position analogous to that occupied by the
House of Commons ; and nobody doubts that, in regard
to amendments of Money Bills, the exclusive powers
that we claim are claimed and enjoyed by the House
of Commons. The question would thus seem to have
been decided by the language which has been used.
Sir, the Constitution of England gives the power of
The Constitutional History of Sotith Australia. 533
orio-inatino: to the House of Commons only ; and the
Constitution Act of this province adopts the same
principle, and restricts the power of originating Money
Bills to this House only. It defines, therefore, by
analogy the position of the Legislative Council in this
Legislature, and it makes it analogous to the House of
Lords in England. All the arguments advanced yes-
terday by the Honorable Member for Encounter Bay
(Mr. Babbage) to show that there is no such analogy
would have been crood arguments in the former Legis-
lature for opposing the motion which you, sir (Mr.
Kingston), brought forward. It would have been
proper then to say that, as the Legislative Council was
elected by the people, and by a larger constituency
than any of the constituencies in the House of
Assembly, and by those who held a property qualifi-
cation, it should participate in the powers enjoj^ed by
the representatives of the people. Such arguments
would then have been perfectly legitimate ; but they
are of no avail now ; and, sir, I doubt if they would
•have availed then, for the constitution of the Legis-
lative Council was based upon such Conservative
principles that the powers now clainied would never
have been conceded to it. The qualification of the
Upper House has been fixed so that it represents the
Conservative opinions of the colony. This was a
scheme wliich originated with the Honorable Member
for Mount Barker in 18.5.5, and wliich he then proposed
in order that the local popularity of iiHlividnals might
534 The Constitutional History of South Australia.
not prevail in opposition to a more extended reputa-
tion — that no one should be elected by a particular
constituency, but by the colony at large. The nature
of the qualifications of the electors, and the term of
tenure of office in the members, were agreed on for two
purposes ; in the first place to represent the Conserva-
tive interests of the community ; and in the second
place not to represent the immediate interests of the
people, or be a reflex of their sentiments. According
to every constitutional writer that I am aware of, the
position of such an Upper Chamber is analogous to
that of the House of Lords in England. It has been
said that the House of Lords originated in spoliation,
and, for aught I know to the contrary, the Kingdom
of England originated in the same way, and yet she is
now the first of kingdoms, and one whose name we
are proud to bear. But the remark does not apply to
nine-tenths of that bodj^ in any degree ; and, after all,
whatever their origin was, we have now to look at
their position. For the last century and a-half it has
been that of representing the Conservative interests of
the community as opposed to the House of Commons
representing the progressive spirit of the time and the
feelings and sympathies of the nation at large. That
is the substantial analogy between these two Houses
and the two Houses here. This is what was intended
by those who proposed this constitution for the Legis-
lative Council, and it was acquiesced in by others;
because as the power of the purse was given to the
The Constitutional Ilistory of South Australia. 535
Lower House, there was no objection to the Legislative
Council being formed so as to represent the Conserva-
tism of the country. The substantial analogy, there-
fore, hetvjeen the House of Lords in England and the
Legislative Council here is estoMished affirmatively by
their position and by the objects they are intended to
subserve, as vjell as negatively by tJie functions of
which they are divested respectively — that of origi-
nating Money Bills. Having shoiua that this real
analogy exists, let us now look at the Constitution
Act ; and when we see that the power for originating
Money Bills is given to the House of Assembly, must
we not read that Act by the light reflected, by the
British Constitution ? Speaking as a lawyer, I would
say that one of the recognised canons of interpretation,
whether applied to an Act or to a deed between
parties where there is doubt or dispute, is to look
at the state of the common law of England at the time
the law was passed ? Now what was the state of the
common law of England at the time the Constitution
Act was passed ? The privileges of Parliament are
part of the common law ; and this power of originating
Money Bills is known to and defended by the common
law. Every constitutional lawyer and every statesman
uses the word ' originate ' for the purpose of defining
the ])0wer of the House of Connnons with regard to
Money Bills ; and the sole right to all the subsecjuent
dealings with them follows as a necessary consequence
from this power, and so it will follow in this House.
536 The Constitutional History of Soiith Australia.
Undoubtedly if it had been supposed — as nobody did
svippose — that in giving to this House in words the
whole privilege which, by law, belongs to the House
of Commons of originating Money Bills, that this
House had not also the same powers with regard to
those Bills after being originated which the House
of Commons enjoyed it would have been easy to
introduce words to clear up the doubt — but nobody
did suppose it. Everyone believed that in placing
the Legislative Council on the same footing with the
House of Lords by putting the House of Assembly on
the footing of the House of Commons with regard to
the power of originating Money Bills, the two Houses
were placed, in relation to this matter, in the same
position as the two Houses of Parliament in England
hold to each other ; and that, as flowing from this
power, the Lower House would possess also the power
of denying the right of the other House to alter Money
Bills in any way. I have spoken at greater length
than I intended, and I do not know that it is needful
to enter on other topics, because, after all, it is not
disputed what the intention of the Act was ; and it is
not disputed that the language which has been used
in the Act for the purpose of giving effect to that
intention is the language which the law employs in
defining the essential privileges of the House of
Commons. Originally, by law, the Commons had
nothing but that which is in form given to us :
the power of originating Money Bills. Every other
The Constitutional History of South Australia. 537
privilege has followed, as a necessary consequence,
from that ; and the persons who employ those
words for the purpose of defending the privileges
of this House must be supposed to use them in
accordance with the law of England. These words
must be intended to involve the same consecpiences as
in the constitution of the mother country. Having
said this I will leave that part of the subject." I here
close my quotations from the speech of the Attorney-
General, Mr. Hanson, delivered on July 24th, 1857,
before the resolution of the Chief Secretary was
adopted in the first House of Assembly. Some passages
have been omitted besides the closing paragraphs,
where I thought personal allusions had been used as
argument, and I hope that in doing so I have not
interrupted the thread of his logic ; yet I must confess
I have left out some of his sentences with great
r.eluctance, as they undoubtedl}^ linked together the
parts of a splendid oratorical display quite unusual
with Mr. Hanson, who, as a rule, seems to have
resei*ved his great powers for great questions only.
Want of space has obliged me, in a similar manner, to
omit from this narrative many able speeches which
would have done credit to any Legislative Assembly
in any part of the world, so eloquent had members
become whose feeling and reason and the ])opularity
of the subject were all enlisted on their side.
This ended the debate on the great privilege question
as to the interpretation of the meaning of the word
538 The Constitutional History of South Australia.
"originate" in constitutional language asused to define
and limit the legislative powers of the two separate
Houses of Parliament under the new Constitution.
The question now took the form of conferences
between the two Houses, and, in order to complete the
history of this important Parliamentary contest, I shall
summarise in another chapter the messages which
passed between the two Houses until the matter was
settled or rather died out before the close of the
year 1857.
CHAPTER XIII.
Proceedings in both Hoiises of Parliament on the Privilege Question,
from Angust, 1857, to the close of the first session of the first
Parliament on Janiiary 27th, 1858 — Conference of both Houses —
Reasons stated by the Managers at the Conference.
/~\N August 25th the Honorable j\Ir. Baker addressed
^-^ the Legislative Council as Chief Secretary of the
new Ministry which had been formed after the resigna-
tion of the Finniss Ministry, In concluding his remarks
Mr. Baker proposed the following resolution : — " That
the adjustment of the difference of opinion now
existing between the two Houses of Parliament as to
the construction to be put on the Constitution Act, so
far as it relates to the dealing with Money Bills, is of
such vital importance to the interests of the province
as to justify this Council in requesting a conference
with the House of Assembly u])on these differences."
The Council went into committee to consider this
motion, when the resolution of Mr. Baker was carried
and ordered to Vje transmitted as a message to the
^ House of Assembly. In the records of the votes and
proceedings of the House of Assembly I find an entry
to the effect that a message from the Legislative
Council was received and read on August 2oth, 18.57,
in the following terms : — Message, No. 11. " Mr.
Speaker — The Legislative Council requests that a
540 The Constitutional History of South Australia.
conference be granted to it by the House of Assembly
in reference to the powers of the two Houses in
reference to Money Rills, with a view to arranging a
mode of exercising these powers which shall conduce
to the furtherance of public business, without com-
promising the constitutional right of either branch of
the Legislature. (Signed) J. H. Fisher, President.
Legislative Council Chamber, August 25th, 1857."
This message was accompanied with the following
copy of resolutions agreed to on August Gth by the
Legislative Council : — " 1. That in consequence of the
course adopted by the House of Assembly in reference
to the amendments made by this Council in the
' Tonnage Duties Repeal Bill,' and in the recent
discussion of the question of privilege raised by that
House as arising out of such amendments, it is
expedient that this Council should place upon record
its opinion as to the powers and privileges conferred
upon it by the Constitution Act, so far as regards its
powers in dealing with Money Bills. 2. That this
Council is of opinion that it is their bounden duty to
maintain, inviolate, its rights as an elective represen-
tative portion of the Legislature of this colony, and
that the power of protecting its constituents and the
colony at large from oppressive or unjust taxations or
burdens is essentially and necessarily an ingredient
in such rights. 3. That the Constitution Act empowers
it to originate any Bills which it may think necessary
for the order and good government of the colony,
The Constitutional Illstory of SoiUli Australia. 541
except Money Bills, which can only be originated in the
House of Assembly. 4. That it has the power to
consider and discuss all Bills transmitted to it by the
House of Assembly, and to alter, modify, or reject
such Bills ; that the House of Assembly has similar
power with reference to all Bills sent from this Council,
and that the powers of the two Houses of Legislature are
concurrent, except as to the origination of Money Bills,
5. That it is empowered to revise all Money Bills
passed by the House of Assembly with a view of
checking, and if necessary of reducing the taxation
of the country ; and that such power, judiciously
exercised, will operate more for the benefit of the
colony than the power of voting to which the House
of Assembly is desirous of restricting it. G. That in
case the House of Assembly should in any Money
Bill sent by that House to this Council for its con-
currence, propose to subject the people of this colony
to a greater amount of taxation than this Council in
the exercise of its judgment might think just and
proper ; or propose so to apportion the revenue as to
give an unjust advantage to any particular part of the
colony, the only result which must necessarily flow
from the attempted restriction by the House of
Assembly of the right of this Council to reduce the
proposed amount of taxation, or to modify its appro-
priation, would be to arbitrarily compel this Council
to reject the Bill, the consequences of which, in the
case of an Appropriation Bill, might l)e most disastrous
542 The Constitutional History of South Australia.
to tlie colony. 7. That the limited power of saying
* yes ' or ' no ' to a Money Bill — of absolutely pass-
ing it in its entirety, or rejecting it in its entirety —
is inconsistent with the advanced position of this
colony in political rights ; that such a restriction of
power was not contemplated by the constituency who
elected the members of this Council, and that this
Council would be wanting in fidelity to that con-
stituency and to the country were it to admit such
restriction. 8. That as this Council represents the
province as one constituency, it would be unreasonable
to prevent it from reducing any vote which might in
its opinion press too heavily upon the people. 9, That
the exclusive power of originating Money Bills, and
finally dealing with them, vested in the House of
Assembly, gives to that House the control of the
public purse, inasmuch as it alone has a right to decree
what taxes shall be imposed, and how they shall be
appropriated ; and to represent that this Council is
desirous of wresting the control of the purse from the
House of Assembly is calculated to mislead the public
as to the real merits of the question at issue between
the two Houses. 10. That the maintenance of the
views now expressed need not be detrimental to the
harmonious working of the two Houses ; that the
consideration of all money questions by each house
would tend to a more safe and economical administra-
tion of the public finances than could be secured by
the consideration of such questions by one branch of
The Constitutional History of South Australia. 543
the Legislature only ; and that the denial on the part
of the House of Assembly of the right of this
Council to deal with matters of finance is inconsistent
with the Constitution Act, and much to be regretted.
11. That the exercise of concurrent powers of legis-
lation by the two Houses (always excepting the
originating of Money Bills by the Legislative Council)
would not interfere with the proper dispatch of public
business ; and that the advantages that would result
to the country from the revision of Money Bills by
this Council would more than compensate for any
delay which would arise from such revision. 12. That
any difference which might arise between the two
Houses with reference to matters of legislation result-
ing from the exercise of such concurrent powers
should be adju.sted by a conference. 13. That this
Council should uphold the powers and privileges
conferred upon it by the Constitution Act, for the
protection of the interests of its constituency and the
people at large, unless the voice of that constituency
clearly expressed to this Council shall demand an
alteration of the Constitution Act for the purpose of
resisting those powers and privileges. — (Signed) F. C.
SiXGLETOX, Clerk of the Legislative Council. August
2r,th, 1S.57."
The following Copy of Resolutions agreed to on
August 2.5th, 18.57, was also forwarded : — " 1. That the
adjustment of the differences of opinion now existing
between the two Houses of Parliament as to the con-
644 The Constitutional History of South Australia.
struction to be put on the Constitution Act, so far as
it relates to the dealing with Money Bills, is of such
vital importance to the interests of the province as to
justify this Council in requesting a conference with
the House of Assembly upon these differences. 2.
That the resolutions of this Council adopted on August
6th be forwarded by message to the House of Assembly,
and that a conference be requested thereon, in terms
of No. 12 of the said resolutions. 3. That this Council
further declares its opinion that all Bills the object of
which shall be to raise money, whether by way of
loan or otherwise, or to warrant the expenditure of
any portion of the same, shall be held to be Money
Bills. 4. That it shall be competent for this Council
to suggest any alteration in any such Bill (except
that portion of the Appropriation Bill that provides
for the ordinary annual expenses of the Government) ;
and in case of such suggestions not being agreed to by
the House of Assembly, such Bills may be returned by
the House of Assembly to this Council for reconsidera-
tion, in which case the Bill shall either be assented to
or rejected by this Council, as originally passed by the
House of Assembly. 5. That this Council, while
claiming the full right to deal with the monetary
affairs of the province, does not consider it desirable
to enforce its right to deal with the details of the
ordinary annual expenses of the Government. That
on the Appropriation Bill in the usual form being
submitted to this Council, this Council shall, if any
The Constitutional History of South Australia. 545
clause therein appear objectionable, demand a conference
with the House of Assembly, to state the objections of
this Council and receive information. — (Signed) F. C.
Singfleton, Clerk of the Lemslative Council. Leo^is-
lative Council Chamber, August 2oth, 1857."
The matter stood over until Wednesday, September
9th, 1857, when a rosolution was passed in the Assem-
bly to the effect " that this House will comply with the
demand of the Les^islative Council for a conference in
accordance with message No. 11 as soon as the Legis-
lative Council informs this House of the number of
managers to whom it proposes to entrust the con-
ference." On September 10th, in reply to this resolu-
tion of the Assembly, the Legislative Council (by
message No. 14) informed the House of Assembly
"that the number of its members to represent the
Council at the proposed conference between the Houses
of Legislature shall be three." On receiving: this
message the House of Assembly agreed to a resolution
on September IGth, which was communicated by mes-
sage to the Legislative Council — " That in compliance
with message of the Legislative Council, No. 14,.
requesting a conference, Messrs. Bakewell, Button and
Reynolds be appointed by this House to meet the
members appointed by the Legislative Council on
Tuesday, September 22nd, at three o'clock, in the
Speaker's room, and to receive their reasons." This,
by request of the Legislative Council, was j)ostponed
until Tuosilay, September 20th, when the conference
35
54G The Constitutional History of South Australia.
took place ; and the managers for the Assembly re-
ported, on their return, that they had been met at the
conference by the managers for the Legislative Council,
who had delivered to them the follov^ing reasons,
which were then read by the Clerk of the Assembly,
viz. : — " Reasons offered to the House of Assembly by
the Legislative Council, at a conference in support of
the resolutions transmitted to the House of Assembly
by the Legislative Covincil on August 25th, 1857. — 1.
The House of Assembly assumes not only that all Bills
mentioned in the proviso in the first clause of the
Constitution Act (hereinafter designated Money Bills)
ought to begin in that House, but further that it is the
undoubted and sole riorht of that House to direct, limit
and appoint in such Bills the ends, purposes, considera-
tions, conditions, limitations and qualifications of any
rates, taxes, duties or imposts thereby assessed or
imposed ; and that the power of the Legislative Coun-
cil in respect to such Bills is merely to pass all or
reject all without any diminution or alteration. 2.
The Legislative Council admits that for the practical
purpose of introducing such Bills to the consideration
of, and of their being dealt with by, the Legislature,
and for the purpose of limiting the power of such
introduction to one branch of the Legislature, the sole
power of originating Money Bills is by the Constitution
Act vested in the House of Assembly, but subject to
that particular exception in favor of the House of
Assembly, the Legislative Council considers that its
The Constitutional History of South Australia. 547
powers and functions ai-e co-ordinate with and equal
to those of the House of Assembly. 3. The Legislative
Council contends that the law and custom of Parlia-
ment of the United Kingdom of Great Britain and
Ireland are applicable to that Parliament, and that
such law and custom have not, nor ever had, the force
of law in this province ; and consequently that neither
the Legislative Council nor the House of Assembly
possesses at present any privileges beyond what are
conferred in express terms by the Constitution Act,
excepting only that both Houses have incidentally
to the functions given to make laws the power of
removing and punishing in a summary way persons
guilty of distracting their proceedings ; but they pos-
sess at common law only such power over contempts
as are necessary to the proper exercise of the
function-s which it is intended they shall execute.
The Legislative Council contends that there is no
analogy between the Imperial Parliament and the
Parliament of South Australia ; and that, even if there
were, no arguments drawn from analogy could
upset and override the express provisions of a
written law ; nor could such analogy either create
or transfer to the Parliament of this province the
privileges which appertain to the Imperial Parlia-
ment. 4. The Legislative Council considers, there-
fore, that the question at issue between itself
and the House of Assembly can be decided only
by reference to the Constitution Act, to whicli b(jth
35 a
548 The Constitutional History of South Australia.
Houses owe their existence, and from which they
claim their powers. 5. Considering the first section
of the Constitution Act, the Legislative Council is of
opinion that, viewing it apart from the proviso it
contains, the powers and functions given by that
section to the - Legislative Council and House of
Assembly are equal ; and the Legislative Council sees no
reason to construe the word originate used in that pro-
viso in other than its ordinary etymological sense. Such
construction of the word originate is in the opinion of
the Legislative Council borne out by the general tenor
of the Act, but more especially by section 28, which
empowers the Governor to amend Money Bills, from
which it is clear that in originating such Bills the
House of Assembly does not derive the right of
exclusively dealing with them.* 6. The Legislative
Council therefore considers that it has, in at once
admitting the exclusive power of the House of
Assembly to originate Money Bills, recognised the only
peculiar and distinguishing function vested by the
Constitution Act in that House. 7. The Legislative
Council considers that the Constitution Act clearly
demonstrates that the powers of the South Australian
Parliament should be limited to the powers possessed
and exercised by the Commons House of Parliament,
* This power is given to the Governor in express words, which is
not the case with the Legislative Council ; and in the American
Constitution Act the power of altering Money Bills is given in express
words, without which it is evident the framers thought the word
" originate " denied to the senate such power.
The Constitutional History of South Australia. 549
with authority to the South Australian Parliament to
<3etermine and define the powers, privileges, and
immunities to be respectively held, enjoyed, and
-exercised by the Legislative Council and House of
Assembly — alwa3^s excepting the power of originating
Money Bills, which by the 1st section is vested in the •
House of Assembly. 8. The right exercised by the
Commons House of Parliament of originating Money
Bills, and of excluding the Lords from modifying or
altering them, was founded upon the elective Chamber
as' being the representatives of the whole body of the
people, and thereby contradistinguished from the
Lords as an hereditary body, and was claimed ,as a
Parliamentary privilege, and not as a right at common
law. The Lecjislativo Council and the House of
Assembly being both elective bodies would equally
claim the i-ight exercised by the Commons House of
Parliament, provided such riglit was inherent by law
in every representative Legislature, and was not pne
of privilege, and established by usage and custom.
0. Although no arguments drawn from analogy could
be of use in the present difference between the
Houses, yet the Legislative Council cannot but
point to the proviso in the .Soth section of tlie
Constitution Act, as an express denial that there
can or sliall exist any analogy between the House
of Lords and the Lef'islative Council in so far
as privileges, immunities, and [»owers are considered.
10. All analogy between the Britisli Parliament and
550 The Constitutional History of South Australia.
the Parliament of South Australia is also repelled* by
the 28th- section of the Constitution Act, which
gives the Governor power to transmit by message to
either House any amendment which he shall desire to
be enacted in any Bill presented to him for Her
Majesty's assent ; and it cannot be denied that all
Money Bills must be presented. 11. In order to avoid
as much as possible any further misunderstanding
between the two Houses of Parliament in reference to
Money Bills, the Legislative Council would suggest
that the adoption by the House of Assembly of the
3rd, 4th and 5th resolutions passed on August 2.5th
last by the Legislative Council (without prejudice to
the rights of either House, but as a matter of expe-
diency) would tend to facilitate and to forward the
conduct of the business of each House, and to the
advancement of public interests, until the powers and
privileges of each House should be determined and
defined by the Parliament of this province." (See
Parliamentary Debates, September 22nd, 1857, and
also Votes and Proceedings of House of Assembly.)
On October 14th, 1857, on the motion of the Attorney-
General (Mr. ■ Hanson), seconded by Mr. Torrens, a
committee consisting of Messrs. Torrens, Blyth, and
himself, was appointed to take into consideration the
reasons offered by the Legislative Council on the sub-
* The analogy between the two Parliaments is complete, but the
argument does not apply with the same force to denial of analogy
between the House of Lords and the Legislative Council.
The Constitutional History of South Australia, 551
*
ject of privilege. The report of this select committee
was brought forward and discussed on November 17th.
After some debate it was agreed to, and ordered to be
forwarded to the Les^islative Council.
The reasons adopted by the House of Assembly on
this occasion were as follows, viz.: — " 1. The House of
Assembly admits that no argument drawn from analogy
can upset or override the express provisions of a
written law ; and if there were any express provisions
in the Constitution Act conferring upon the Legislative
Council the powers for which it now contends, the
House of Assembly would at once cease to protest
against their exercise. 2. The House of Assembly
further admits that the first section of the Constitution
Act, viewed apart from the proviso it contains, gives
equal powers to the Legislative Council and to the
House of Assembly, and that consequently the relative
powers of the Legislative Council and the House of
Assembl}' must be decided by reference to that pro-
viso ; but it conceives that in ascertaining the meaning
of that proviso, since its language has not received any
legislative or judicial interpretation, the Legislative
Council and House of Assembly must be influenced
by a reference to reasons drawn from analogy, and to
the practice and privileges of the Imperial Parliament,
and that those reasons and that practice are conclusive
in favor of the view of its privileges taken by the
House of Assembly. 8. The House of Assembly can-
not admit the assumption of the Legislative Council —
552 The Constitutional History of South Australia.
that there is no analogy between the Legislative
Council and the House of Assembly in this province
on the one hand, and the House of Lords and the
House of Commons in the United Kingdom on the
other. On the contrary, it conceives the existence of
this analogy to be apparent under almost any aspect,
and to be shown even more conclusively by the very
exception to which the Legislative Council in its
reasons refers, since there could have been no motive
for limiting the privileges of both branches of the
Parliament of South Australia to those possessed by
the House of Commons, had there not been an analogy
between the Legislative Council and the House of
Lords which might otherwise have suggested a claim
of some of the privileges of the latter body. 4. The
House of Assembly further contends that the right of
the House of Commons to originate Money Bills was
claimed by that House, and has always been allowed
by the Crown and the Lords as a common law right ;
and that the claim of the House of Commons of ex-
cludincr the House of Lords from modifving or altering
such Money Bills was asserted as a Parliamentaiy
privilege inherent in and flowing from that right ; and
that inasmuch as the Constitution Act vests in the
House of Assembly the exclusive right of originating
Money Bills, the right to exclude the Legislative
Council from modifying or altering these Bills is by
direct and necessary implication also conferred. 5.
That in order to facilitate the conduct of public busi-
The Constitutional History of South Australia. 553
ness this House of Assembly, while asserting its sole
right to dii"ect, limit and appoint in all Money Bills
the ends, purposes, considerations, conditions, limita-
tions and qualifications of the case, or appropriation
by such Bill imposed, altered, repealed or directed, free
from all change or alteration on the part of any other
House will, nevertheless, for the present adopt the
ord, 4th and 5th resolutions, as agreed to by the Legis-
lative Council on August 25th, 1857, and forwarded to
this House by message on that day." (See Parlia-
mentary Debates, No. 17, 1857, p. 655.)
The question was so far settled by the agreement of
of the House of Assembly to the foregoing reasons,
and has remained undisturbed since, although neither
House yielded its position. The 5th resolution agreed
to by the House of Assembly on November 17th,
embodied the concurrence of the House in the reso-
lution moved by the Chief Secretary (Mr. Baker) in
the Legislative Council on August 25th, which was in
these words : — " That it shall be competent for this
Council to siLijgest any alteration in any such Bill
(Money Bill) ; and in case of such suggestion not being
agreed to by the House of Assembly, it shall be referred
to this Council for reconsideration, in which case the
Bill shall either be assented to or rejected by this
Council as originally passed by the House of Assembly."
But as it is important to clear this question of
all douVjt, I have consulted the records of the
Votes and Proceedings of the House of Assembly.
554 The Constitutional History of South Australia.
In Parliamentary paper, No. 92, ordered by the House
of Assembly to be printed July 11th, 1877, I find the
full version of the tliird, fourth, and fifth resolutions
as agreed to by the Legislative Council on August
25th, 1857, and adopted by the House of Assembly on
November 17th, 1857, and I here give them in full to
make the record complete. These resolutions, forming
part of the fifth reason of the House of Assembly,
should be read in continuation of the five reasons of
the House passed on November 17th and communicated
by message to the Legislative Council as recorded in
the Legislative Council proceedings of November 19th,
in the followino- terms :— " The President announced
that he had received from the House of Assembly
message o8, conveying the reasons of the House in
answer to the reasons of the Council. The reasons
would be entered on the records of the House." Tenor
of the third, fourth, and fifth resolutions of the
Legislative Council passed in the House on August
25th, 1857, and agreed to by the House of Assembly
on November 17th, 1857 (stated in italics to call
attention to them). 3rd. That this Council further
declares its opinion that all Bills — the object of luhich
shall be to raise money, whether by way of loan or
otheriuise, or to tuarrant the expenditure of any
portion of the same— shall be held to be Money Bills.
4th. That it shall be comjyetent for this Council to
suggest any alteration in any such Bill (except that
portion of the Appropriation Bill that provides for
The Constitutional History of South Australia. 555
tJie ordinary annual expenses of the Government) ;
and in case of such suggestions not being agreed to
by the House of Assembly, such Bills may be returned
by the House of Assembly to this Council for recon-
ssderation — in v'hich case the Bill shall either be
assented to or rejected by this Council as originally
passed by the House of Assembly, otli. That this
Council, while claiming the full right to deal with the
monetary affairs of the province, does not consider it
desirable to enforce its rio-ht to deal with the details
of the ordinary annual expenses of the Government.
That on the Appropi'iation Bill in the usual form
being submitted to this Council, this Council shall, if
any clause thereon appear objectionable, demand a
conference with the House of Assembly to state the
objections of this Council and receive information (see
Council paper, No. 14). The resolutions were originally
moved and carried in the Legislature by the Honorable
John Baker, who had just been appointed Chief
Secretary in succession to Mr. B. T. Finniss. Thus
ended the threatened collision between the two Houses
of Parliament, and I trust I have give a full report of
that celebrated privilege question which affected the
relative powers of the two Houses with respect to the
mode of dealing with Money Bills. And here I might
conveniently bring this chapter, and this work with
it, to a conclusion, as I proposed only to give the
constitutional history of South Australia down to the
close of the year l.So?, when the new Constitution
55G The Constitutional History of South Australia.
introduced in October, 1856, had been on its trial with
Responsible Government during the first session as a
Parliament. But I cannot close this subject without
recording in history the name of the first Speaker, Sir
George Strickland Kingston. To his perseverance in
1853 South Australia in indebted for the disallowance
of the Parliament Bill of that year, which would have
given us a nominated Upper Chamber or Legislative
Council in place of a Parliament of which both Houses
are elective — one i-epresenting, through universal
suffrage, the will of the community as a whole ; the
other, constituted in the interests of property, being
elected by a body of voters limited in number since
they require to be property-holders under a definite
property qualification. Their special function is to be
the guardians of property, and in order to this they
have the power to reject absolutely any Money Bill,
though the Assembly denies them the right of dealing
with such Bills by alteration or amendment. The
original Bill introduced by Sir Richard MacDonnell
was a co]:)y of the Act of Tasmania, supplied to him
by the Secretary of State for the Colonies — a
somewhat strong hint that such a Bill, if adopted
in South Australia, would meet with favor at
Downing-street. This Bill submitted to a Legislative
body summoned specially to frame a new Constitution
on more liberal principles than were embodied in its
own Constitution, contained provision for the estab-
lishment of a Parliament, to consist of two elective
The Constitutional Hisforrj of South Australia. 55 <
Chambers, having concurrent and equal powers of
legislation. There was a strong Conservative party in
this Council and in the Government supported by the
Governor, Sir Richard MacDonnell, as I think the
occurrences I have related serve amply to show. The
Governor's, first scheme of one Chamber, submitted
through the Gazette to the constituencies, did not meet
with the approval even of the Conservative party, still
less was it regarded with favor by the Liberals or
Democrats, as I must call them, because their action
by universal suffrage brought Democracy into full
power. The Conservatives perceived at once that
there was a constantly increasing popular tendency
amongst the community at large, and that therefore
the suffrage, if not at first universal, must gradually
become so, by the very effect of the appeals of candi-
dates to the voters, whom they must invoke to place
them in power as representatives. The contests of
rival candidates for seats in a popular Legislature are
invariably between two classes of politicians, the
Conservatives and the Liberals — the former satisfied
with things as they are, the latter looking to material
progress, as tending to their advance in the social
scale. Both equally desirous of power — the one to
protect the interest of capital, the other to protect the
interests of the producers of capital — it is evident
that tlie holders of property would always be in a
minority in proportion to the extent of their wealth ;
and therefore in addressing the electors they find it to
558 The Constitutional History of South Australia.
their interest to gain the Liberal votes by proposing
reforms in government which are to ease the payments
of the taxpayer, or holding out hopes of improving
their condition by promoting projects for the further-
ance of industry. Every voter who is not satisfied
with his position or prospects, expects to better his
condition by conferring power on some one who has
ability and capital to advance the general prosperity ;
and one of the means of progress he deems to be the
possession of political power. Hence candidates have
in most instances to call themselves Liberals in pro-
motion of such hopes. The result is that the people — that
is the Democracy — are continually gaining influence,
and no man, be he ever so wealthy, can hope to obtain
and retain political power unless he not only professes
but acts in the full determination to use his influence
and his power to promote the general advance of the
community in wealth by such measures as shall tend
to its distribution, not amongst any particular class
but amongst those who have raised him to power by
their votes, and who, under the present political and
commercial systems, are not receiving their just share
of the increasing wealth of the State. This may
appear a digression, but it is really necessary to find
the clue to the events that produced for us, as their
consequence, the free Constitution we enjoy. And I
have coupled the name of Sir George Kingston with
this advance in our political system. He it was who,
by petition to Her Majesty, brought about the fresh
The Gonstitutional History of South Australia. 559
consideration which our political privileges underwent
in 1855. He it was who, with prompt determination,
put himself in front of the battle of democi'ac}^ and
brought about the defeat of the Conservative party.
The celebrated privilege question of 1857 had its germ
in the amendments proposed by him in the first
Constitution Bill, and carried through his earnestness
in the popular favor. He it was who moved the
proviso of the first section of the Constitution Act —
" That all Bills for appropriating any part of the
revenue of the said province, or for imposing, altering,
or repealing any rate, tax, duty, or impost shall
originate in the House of Assembly." He it was who
assisted in passing every clause in the Act that was
neces.sary to the full develoj)ment and successful
working of Responsible Government, which alone
means self-government. Sir George Kingston left Eng-
land as one of the first surveying expedition ; indeed,
he was second in command. He brought with him
his radical principles, and he was one of the few
pioneers who holding such opinions in England kept
hold uf them in South Australia. He was a man
in whom the love of political liberty was genuine.
Impetuous, headstrong even to obstinacy, he was,
at the same time, earnest in his efforts to gain
for Soutli Australia the boon of sclf-irovernment ;
and, withall, one of the few unselfish men who,
without fear of the consequences, worked out his
resolves.
560 The Constitutional History of South Australia.
Responsible Government was inaugurated and fully
tested during the year 1857. In that year four different
Ministries successively assumed the command of power,
as I have previously mentioned. The fourth change
occurred on September 80th, 185'7, under the leadership
of the Attorney-General, Mr. (afterwards Sir) Richard
Davies Hanson, and he held his cabinet together until
May 9th, 1860, a longer life than was enjoyed by any
Ministry, except that of Mr. Bray, who took office as
Chief Secretary on June 24th, 1881, and retained it
until April 23rd, 1884 — a period of three years and
eight months. Sir William Morgan's comes next in
the list of long-lived Ministries. He took office on
September 27th and held it until March 10th, 1881^
making up a duration of two years five months and
thirteen days. I am indebted to the records printed
under direction of the clerk of the Legislative Council,
Mr. F. C. Singleton, and compiled by him for the
above and following information. In the twenty-eight
years ended in 1884 there had been thirty-three
changes of Ministry, giving an average duration of
each as little more than ten months. Durino;
the same period seventy-one different members of
Parliament had held office in some one or more of
these several Ministries. Such repeated changes have
been injurious to the public interests, but it is the
price paid for self-government, and we may fairly
hope that past experience will in time lead to more
permanent forms of government. Ambitions have-
The Constitutional History of South Australia. 561
been aroused, and it is not surprising when, in a
Parliament numbering, until late returns, only fifty-
four individuals in both Houses together, seventy-one
individuals have tasted the sweets of office that there
should be some even factious opposition among so
many aspirants for the highest offices in the country.
One part of the remedy will be found in increased.
numbers of members of Parliament, which must add
to the roll of those who have little hope of being sent
for or of joining a cabinet which contains few prizes.
Public virtue will grow out of the impossibility of
obtaining a seat in Cabinet, and members, unless
they become corrupt, which is scarcely to be feared
while public elections are so frequent under a three
years' duration of Parliament, and so careful a watch
is held over the conduct of members. The next
chapter, and, I hope, the concluding one of this little
work, will take an account of the material progress
at the present date (1883), and a comparison can then
be instituted to show to some extent the advance that
has been made by a people governing themselves: I
shall at the same time draw attention to the interest-
ing fact that during the first session of the first
Parliament of South Australia, the colony attained its
majority. The ceremony of celebrating the auspicious
event took place in the presence of Sir Richard Mac-
Donnell, on December 28th, 1857, just twenty-one
years from the foundation of settlement in 1836. But
to complete the proceedings in Parliament after the
3G
662 The Constitutional History of South Australia.
settlement of the privilege ([uestion, which I have
detailed at so great length, the reader -who may have
accompanied me thus far will perhaps recollect that
on November 19th the privilege question was finally-
brought to a close during the Ministry of Mr. Hanson.
At that period of the session the two Houses were
getting weary of debates, in which the chief subject
was to determine their own powers, and under the
strong Government then established proceeded to work
out the various problems of legislation, of which
notice had been given from time to time. Mr. Hanson,
after settling the privilege question, induced Parlia-
ment to pass several useful measures, including the
Appropriation Act to authorise the expenditure for
the year 1858, and felt himself in a position to advise
a prorogation on January 27th, 1858. On that day,
accordingly. His Excellency Sir Richard Graves Mac-
Donnell proceeded, with his suite to the Legislative
Council Chamber, attended by the President, the
Speaker, and members of the Legislative Assembly.
After giving his formal assent to fourteen Bills which
had passed both Houses, he informed the Parliament
that he had reserved for the signification of the
Queen's pleasure three Bills, viz. — 1. A Bill to legalise
a marriage with a deceased wife's sister. 2. A Bill to
prevent the introduction of convicted felons to the
colony. 3. A Bill relating to aliens. His Excellency
then addressed the assembled Parliament in the follow-
ing words : — " Honorable Gentlemen of the Legislative
The Constitutional History of South Australia. 563
Council, and Gentlemen of the House of Assembly — •
1. In closing the first session of the first Parliament
of South Australia, I congratulate the Legislature and
the people of this province on the successful working
of the principle of Responsible Government. Although
we have experienced some of the difliculties necessarily
incident to the introduction of an entirely new system,
yet these have scarcely impeded the course of legisla-
tion, and have not prevented you from maturing a
series of measures highly important in their provisions,
and, I trust, useful in their tendency. Gentlemen of
the House of Assembly — 2. I thank j'ou for the
supplies which you have voted for the public service,
and I assure you that in their expenditure due regard
shall be had to economy, so far as may be consistent
with the attainments of the objects for which those
supplies have been voted. Honorable Gentlemen and
Gentlemen — 3. I have received the resolution which
you have separately adopted on the subject of the
proposed federation of the Australian colonies, brought
under your notice in a message from myself; and I
trust that the action which you have taken on this
important point may lead to the immediate adoption
of measures calculated to remove the existinfj obstacles,
to combined action on the part of the colonies,
whenever circumstances may permit or recjuire it.
4. The Act whicli you have passed for contributing to
the subsidy to the Ocean Mail Postal Service has
removed the difficulties which at one time obstructed
.30 A
564 The Constitutional History of South Australia.
our communication with Great Britain ; and I hope
when I again meet you to congratulate you on the
completion of the arrangements for the mail steamers
calling in their homeward route at least at Kangaroo
Island, thus enabling us to enjoy in some degree the
advantages of our geographical position. 5. Of the
Acts which have been forwarded to me for my assent,
I have reserved three for the signification of Her
Majesty's pleasure ; one for the amendment of the
marriajTfe law, in accordance with an address of the
Legislative Council ; a second relating to aliens ; and
the third to convicts landing in South Australia from
the neighboring colonies. These Acts might be held to
affect the Royal Prerogative, and therefore I could not
in accordance with my instructions give the Queen's
assent to them. I hope, however, that such assent
will not be withheld. I trust the alterations which
you have made in the laws of the colony, especially in
those which relate to real property, may realise the
expectations of their promoters ; and I rely upon your
wisdom and candor to remedy whatever defects further
experience of their practical working may disclose.
At the same time, although I have been happy to
comply with the obvious and generally expressed wish
of the Parliament and the country in giving the
Queen's assent to the Act ' to simplify the laws relating
to the transfer and encumbrance of freehold and other
interests in land,' I cannot but feel that a portion of
that Act — viz., the 35th 'section, which contemplates a
The Constitutional History of South Australia. 565
contingent appropriation of a portion of the revenue
of the province — a provision which was not initiated
by myself as Governor — is so far wholly inoperative
and will require, therefore, to be made effective by
future lecjislation. 7. In conclusion, 1 most heartilv
congi-atulate you, honorable gentlemen and gentlemen,
on the generally sound and prosperous condition of
this province, notwithstanding the severe tinancial
crisis which is now being felt in all the most important
monetary centres of the world. We cannot hope alto-
gether to escape the effects of this general disturbance;
but I trust that when we next meet it will be found
that the energy and prudence of the producing and
mercantile classes of this province will have enabled
us, under that Divine Providence which has hitherto
so signally blest the industry and protected the growth
of this community, to pass through the necessary period
of trial with unimpaired resources and credit. I now
declare this Parliament to be prorogued until the first
day of May next. — PtiCHARD Graves MacDoxnell,
Governor-in-Chief. January 27th, 1858."
• CHAPTER XIV.
Comparison of Statistical Reports on condition of Colony in 1857 and
1883— Remarks on a Secular system of Education by the State —
Majority of the Colony attained on December 28th, 1857— Cere-
monial attended by Sir Richard IMacDonnell at Glenelg— Proposal
to erect a durable pillar of marble in commemoration of the foun-
dation of South Australia— Conclusion of this Work.
IT will naturally occur to many minds who read
the history of Responsible Government to inquire
what has been the gain to the province of so much
struo-o-lino- for constitutional privileges ? A comparison
of the financial, material and moral condition of South
Australia in recent times with its position in similar
respects in the year 1857 will lead to a solution of the
problem. During the year 1857, when self-govern-
ment was fully established, the old system prevailing
in all Crown colonies of publishing an annual Blue
Book for the information of the Imperial Government
was in operation. After the establishment of self-
government it gave place to statistical records, com-
piled with great care by the Local Government, in
which the principal facts connected with the progress
of the community were collected and published for
general information. I have fortunately, therefore, the
means of placing before the reader statements based
on the best official returns, by which the condition of
The Constitutional History of South Australia. 567
the province in all essential matters will be given, to
enable a comparative view to be taken of the advance
made in the twenty-six years ending in 1883, since the
inauguration of the Constitutional system. Later
returns than those published in 1883 are scarcely yet
complete, and therefore I have taken the latest that
supply the requisite information. The results are
tabulated so as to show at a glance the requisite infor-
mation for comparison.
COMPARATIVE ABSTRA.CT OF THE STATISTICAL REGIS-
TERS IN 1857 AND 1883, SHOWING THE PROGRESS OF
THE COLONY DURING THE INTERVENING PERIOD.
Condition of the
Condition of the
Heads of luformatiou.
Colouy in the
Colouy in the
year ended 1857.
year ended 1883.
Population
109,917
304,515
The total area of South Australia...
—
578,361,600 acres
Total land alienated in acres
1,758,705
10,153,090 „
Difference, being the quantity alien-
ated during the elapsed interval
of 2G years ...
—
8,394,985 „
Total land alienated in Northern
Territory in addition to the
above
—
448.210 „
The total quantity in the whole
province alienated to end of 1883
—
10,6)1,900 ,,
Remains open to occupation
—
567,759,700 „
Land under cultivation, in acres ...
235,965
2,754,560 „
No. of Horses
26,220
164,360
„ Cattle
310,400
319,020
,, Sheep and lambs ...
2,075,805
0,677,067
General revenue of the province ...
^451,525 19
2
^2,000,139 13 10
CnstouiB duties included in revenue
151,067 4
11
614,:«6 13 11
Expenditure on public works
393,322 3
10
2,113,189 5 8
Bonded debt
G.33,455 r>
13,308,100 5
Interest and repayment of bonded
debt
33,742 19
6
515,814 11 10
568 The Constitutional History of South Australia.
Condition of the Condition of the
Heads of Information. Colony in the Colony in the
year ended 1857. year ended 1883.
Waste lands iinder lease, in square
miles ... ... ... 24,000 49,008
Imports valued in colony... ...£1,62,3,052 5 £6,310,055
Imports retained for home con-
sumption ... ... ... 1,408,664 5 4,914,421
Exports, value in foreign market ... 1,958,572 4,883,461
Import and export trade combined 3,581,624 11,193,516
Exports, the produce of the colony 1,744,184 3,187,827
Length of lines of railway open
April 21st ... ... ... 7 miles 40 chains 996 miles 54 chains
Total cost of construction of exist-
ing lines of railway, rolling
stock, way, works, buildings,
machinery and plant ... ... £586,800 7 6 £6,947,718 4 11
Total cost of railways, excluding
unfinished lines — rate per mile
of do., £6,750 ... ... — 6,706,518
Net revenue of completed lines over
working expenses — 2'58 per ct.
oncost ... ... ... — 164,162 19 6
Number of miles of telegraph opened — 5,278i
Average liabilities of nine banks
last quarter of year ... ... — £5,306,595 4 10
Average assets do., do. ... ... — 11,868,024 17 4
South Aiistralian.s who have accompanied me thus
far in my narrative of events between the years
1830 and 1883, will have no reason to doubt
that during the twenty-six years elapsed since the
adoption of Responsible Government the powers of
self-government have contributed to the advancement
of the general prosperity and growth of wealth in the
colony. The population has increased threefold ; the
general revenue more than fourfold — commencing in
1857 with hundreds of thousands it was stated in
The Constitutional History of South Australia. 569
1883 by millions of pounds sterling. The land acquired
in fee simple by the increased population reached the
enormous quantity of 8,394,000 acres ; whilst the area
of cultivation expanded from 235,965 acres in 1857 to
2,754,500 acres in 1883, a result attained not merely
from the augmented numbers of the population, bit
by the spreading of this population over remote
districts, and showing, as well, the distribution of
increased capital, as judicious land laws were enacted
for the encouragement of agriculture. The value of
goods purchased in the foreign market, and paid for
by the produce of the lands, had increased from
£1,623,052 to £6,310,055. The trade of the province,
represented by the sum of its imports and exports, had
reached from £3,581,624 in 1857 to the amount of
£11,193,516 ; here again exceeding the proportionate
increase that would be due to increase of population
alone. To add to this favorable picture, and no doubt
partly contributing to it, facilities for mo\'ing these
goods to and from the different markets by land on
locomotive railways, independent of main roads, had
been created to the extent of nearly 1,000 miles;
and messages, in reference chiefly to the business
transactions involved, were now carried over 5,278 miles
of telegraph lines. Both these astounding results had
been the growth of twenty-six years, during which
South Australians regulated their own business
transactions, and their own public revenues and
expenditure. It may be said, as the obverse side of
570 The Gonstitutional History of South Australia.
this picture of material progress, that in 1883 the
Parliament of South Australia had a bonded debt
of £13,808,160, requiring an annual payment to the
foreign creditor of £515,814. But the foreign bond-
holder can view with satisfaction 1,000 miles of railway,
the net produce of receipts from which already reached,
in that year, £104,162 over the working expenses,
being at the rate of 2'58 per cent, on cost of construction
and additional requirements. (See Statistical Register
of the Province for the year 1883, part iv. p, 123.)
And the South Australian foreign creditor will take
note of our local telegraph lines connecting Adelaide
at Port Darwin, on the north shore of the Continent,
with Europe and the rest of the world. This line of
telegraph wire was constructed chiefly through the
enterprise of South Australian statesmen. After
receiving European messages at Port Darwin, brought
by ocean electric cable, it traverses the continent of
Australia from north to south. Inland through the
formerly mysterious centre of the continent it supplies
the districts of South Australia with messages from
Europe, over 8,824 miles of wire opened,* paying into
the South Australian exchequer £70,113 17s. 2d.
annually at present. The gross money value of
international messages amounts to £251,277, and
£27,510 5s. 7d. represents the share of South Australia
included in the total receipts of her telegraph lines
* See Statistical Eegister of South Australia, 1883, part iv. p. 125.
Tlie Constitutional History of South Australia. 571
which has been stated above at £70,113 17s. 2d. At
present (that is taking the result from the statistical
returns in 1883) the postal and telegraph systems are
working at a loss, combined, of £18,021 ;* because
the South Australian Government take more care of
the commercial profits created by these systems of
intercourse than of the gains to the public revenue.
This loss is probably already converted into profit, but
the system is one of the sources of prosperity which
the foreign creditor no doubt duly estimates. The
published banking returns show that, at the close of
1883 the averages of the last quarter, stated by nine
establishments in the colony, the deposits of their
customers amounted in the aggregate to £4,048,618
2s. Id., and the assets of the same banks to £11,808,024
17s. 4d., of which total £840,770 3s. 8d. was held in
coined gold and other metals, and £11,108 2s. 7d. in
gold and silver bullion or ingots ; the assets comprised
also £25,000 in Government securities. A community
that possesses in cash in the banks the sum of
£4,048,018, and exported produce of its own to the
value of £3,487,827 in exchange for goods imported
for home consumption valued at £4,914,421, may be
said to be in a prosperous condition, taking into
estimation, also, wealth represented by its flocks and
herds, with farms under cultivation to the extent of
2,754,500 acres and vast pastoral resources. A foreign
• See Statistical Register of South Australia, 1883, part vi. Rev. and
Exp. p. 7.
572 The Constitutional History of South Australia.
debt of greater magnitude than thirteen millions, not
wasted in wars but invested in permanent and profitable
public works, such as railways, to the extent, as stated,
of £o',947,7l8, whilst the remainder is still contributing
to general progress through equally useful improvements
instead of weighing unduly upon the resources of such
a community is indirectly contributing to its material
advancement. Nor can our legislators look without
pride upon the signs of moral and intellectual culture,
illustrated in the building of eight hundred and sixty-
three churches and chapels, capable of accommodating
180,556 persons of the several religious denominations,
who by voluntary contributions support their own
clergy without State aid — a principle repudiated
hitherto in South Australia. Responsible Govern-
ment, meaning self-government in the widest sense,
may exult in the fact that the future moral and intel-
lectual development of the people has been provided
for by large suras paid by the State in aid of secular
education, taught by 951 disciplined teachers of
both sexes, who instructed 41,437 children during
the year 1883 in the elements of useful knowledge.
Substantial and even elegant structures may be seen
throughout the colony, built with every regard to
health and usefulness, to accommodate teachers and
pupils ; and large endowments of public lands are set
apart to lessen in the future, when they become profit-
able, the cost of this education to the Treasury. The
Act of Parliament which regulates this educational
The Constitutional History of South Australia. 57^
system makes no provision for religious instruction by
paying either its secular teachers or ministers of
religion for this special object, or permitting religion
to be taught during a certain number of school hours.
But the large and able body of clergy are afforded
every facility for imparting denominational religious
education at other times. There being no State
Church establishment in South Australia, tliat is the
Church of England being disestablished within its
jurisdiction, all religious teachings must necessarily be
denominational, as the Christian religion is not by law
specially united under one State Church system, but
is divided amongst separate associations having their
own churches agreeing only in professing a common
Christianity, based on the Bible. It is argued by
those who support this secular system of State Educa-
tion, that it is not the function of the State to teach
religion. Even the late Bishop Short, of the Anglican
Church, in his pastoral address to the Diocesan Synod
in 1880, whilst condemning the Government for their
neglect of religious teaching in the public schools, by
observincr that " the State Education if Theistic is not
Christian," was constrained to add on the same
occasion, " (Jertainly it is not the mission of the civil
power to niake known the gospel to the ' lambs of
Christ's flock ;' yet so far as practicable, it is wisdom
to give help to its being done. Sound religious teach-
ing will repress crime and prevent vice ; but how shall
the children hear without a teacher ? " I cannot but
574 The Constitutional History of South Australia.
add, would it be just to pay -clergy out of thfe public
Treasuiy for doing so, unless under a uniform system
of teaching which would be recognised by all
denominations as in accordance with the doctrines
they held, and this would really mean a State religion.
Is this possible ? To me the question resolves itself
into this point — If the State is to teach religion, or
pay the clergy to do so, which is the same thing, what
standard is to be adopted ? The State must teach the
truth, and to do so must ascertain the truth amid the
conflict of opinions. It must adopt some uniform
system and corapel obedience. In other words, the
State must persecute for conscience sake ; otherwise
by universal tolerance it must leave the various
religious denominations to their efforts, without
neglecting its own duty, which is clearly such a moral
and intellectual training as will fit the child for the
duties of citizenship in adult age. No man in a free
community should be taxed to support what he deems
error in sectarian teaching or doctrine. Moral teach-
ing and religious teaching although considered in times
past, and even by many now, to be in such close con-
nection as to be identical, are not essentially so. Of
all the religions of the earth Christianity is deemed
the most moral in its teaching ; yet this moral code
was not the offspring of Christianit}^ All its most
valuable precepts came from antiquity, and were
adopted by the early Christians from maxims which
the development of civilisation had proved to be
The Constitutional History of South Australia. 575
necessary to national progress and existence. These
maxims collected by. the Hebrew prophets in the
sacred books of the Old Testament, with some others
enunciated by the sages of Egypt and Greece, formed
the body of the principles of Christian morality. The
discipline and organisation of the Christian Church
improved these maxims in the alembic of time ; and the
experience of eighteen hundred years has gradually
refined and adapted the primitive Christian morality
to the requirements of an advancing civilisation. The
morality thus adopted and codified by the Christian
Church, serves now as the rule of so<"ial condvict in
well-ordered communities and nations, apart from the
influence of religious convictions which aim at a
preparation for a future state of existence after death.
Hence the best moral teaching may be, and ought to
be imparted in [jublic schools, and this would embrace
all that is useful in fitting men for their duty to
humanity. I have now approached the limits within
which I propose to close this imperfect sketch of the
constitutional history of South Australia. But as the
colony attained twenty-one years of progress on
December 28th, 1857, and so may be said to have
arrived at its majority, in the very year in which
Responsible Government was completely inaugura-
ted, I sliall not conclude without reference to the
interesting demonstration observed on that day,
and fully recorded in the Refjider of January 5th,
1858.
576 The Constitutional History of South Australia.
It is a singular circumstance, worthy of note, that
on her twenty-first anniversary, on December 28th,
1857, South Australia had fully achieved Constitu-
tional Government, the first Parliament exercising the
privilege of self-government being then in its first
session. Those who founded the colony in England,
and the early settlers, had in view the formation of a
community with peculiar privileges, suited to the
advanced liberal principles in the mother country. In
the first chapter of this work it was pointed out that
one element of progress was signified when its pro-
moters obtained from the Imperial Parliament its
sanction in favor of early self - government by the
provision in the Act that when the settlers numbered
50,000 persons they should be entitled to claim the
advantages of a Legislative Assembly. The convict
question, too, had been set at rest by the exemption,
fully stated, that the convict system should never be
applied in South Australia ; and at the same time the
religious source of discord and intolerance— a State
religion, specially protected and privileged by law —
was sought to be prohibited ; no church establishment
was to be connected with the State in the new colony,
and universal equality and toleration were to prevail,
affording full freedom to religious convictions, and
complete exemption from taxation or State endow-
ments for religious purposes was to be included] in the
charter of political privileges. This point was not,
however, carried into effect in the first Act for the
The Constitutional History of South Australia. 577
government of the colony; but so strong was the
feeling in the colony during the administration of
Governor Robe, that the Imperial Government were
compelled to yield the point ; and so continuously and
strenuously was the principle of religious freedom
asserted, that in 1855, when the Constitution Act was
framed, the clergy of all denominations were disquali-
fied from becoming members of the Legislature. This
disqualification was not aimed solely at the Church of
Encrland, but it was extended to what in Enofland are
called the nonconformist clergy, it being the fixed
resolve with the members of the Legislative Council
who framed the new Cunstitution, that religious domi-
nation, whether episcopalian or nonconformist, should
never influence or control the course of political liberty,
so much had the intolerance of reliirious orirauisation
in the United Kingdom during recent periods of history
aroused in the minds of those forming: the South Aus-
tralian community feelings of fear and apprehension.
Now that the Church of England has been denied any
special legal status in the province, those who assisted
in bringing about this condition find that a difficulty
has arisen in the educational question which was
entirely unforeseen, and State aid to education is found
to have some relatir»n to State aid to religion. One of
the leading nonconformist clerg}^, who was foremost in
deprecating State aid to religion, and sonie other deno-
minational clergy, now consider that religious teaching
in the public schools of the province becomes the duty
37
578 The Constitutional History of South Australia.
of the State. There are 8G3 places of worship in the
province, capable of accommodating on the average
each 200 persons. There are probably no less than
863 clergy to officiate in these churches, allowing only
one to each place of worship. Their influence over
their congregations must be assumed to be great, since
otherwise the stipends of the clergy would fail to be
provided by voluntary contributions and by the fees
resulting from births, deaths and marriages, to a suffi-
cient extent. Any falling away from religious atten-
dance must seriously impair the revenues of the clergy.
Hence there exists the most powerful motive in human
nature to prevent the spread of irreligion, w'hich, no
doubt, unconsciously biases and influences the action
of the clergy in their objections to a purely secular
education. If they were unanimous their point would
be gained, and the religious education of all children,
for which they would claim remuneration, would fall
into their hands, since the State cannot instruct its
secular teachers to impart religious tenets, leaving it
optional with them to inculcate their own special
views of doctrine. The Government would therefore
be impelled either to leave the work of religious
instruction to the united denominational clergy, or to
furnish religious formulas f<ir the oruidance of its secular
teachers. This would be simple enough with a Church
Establishment accompanied with intolerance of non-
conformity. Alas ! the freedom to worship God
under any teacher who can sway the faith of a
The Constitutional History of South Australia. 579
sufficient number of persons to afford him the
means of living, which is the only alternative to
a State Church, renders it impossible for Christian
clergy to combine for the purpose of securing
State paid religious education. That this want of
union of sentiment and action exists is demonstrated
by the fact that a strong party amongst the laity,
influencing the clergy, have brought about the result
formulated in the Education Act which is now law ;
and through the operation of which the State educates
the people in all the learning that is necessary to
material and moral progress, leaving to the clergy the
task of keeping alive and directing the religious
sentiment which is to prepare man for a future state
of existence. I have b^en led into this digression in
order to account for the peculiar position which the
Christian Church occupies in South Australia, and
which it has maintained f(jr nearly fifty years. That,
under such circumstances, we have made unusual
advances in freedom and prosperity, must avail some-
thing in the argument against the alleged imperfection
of our educational system.
South Australia, as a province, attained majority on
December 28th, 1857, both in the number of years
of her existence and in the number of years with-
in which she attained the inestimable privilege of
self-government. It was a strange coincidence. It
shows, amongst other things, that the British nation
are fitted for colonisation since no other instance is on
37 a
580 The Constitutional History of South Australia.
record of a community springing from a nucleus of
only 540 emigrants, in twenty-one years, to number
more than 100,000 souls who had conducted themselves
so as to have become capable in that time to govern
themselves. In the South Australian Register of
January 5th, 1858, will be found a complete and
interesting record of the festival which took place in
commemoration of the day when South Australia had
completed the twenty-first year of her existence as a
British settlement, at which Sir Richard MacDonnell
attended and assisted. I cannot do better than give
the account exactly as it appears in the public press,
and I make no apology or excuse for the length of the
quotation, since the event marks a prominent era
in colonial history, and its description will serve to
enliven a narrative which, although useful to the
studious in the art of government, can scarcely afford
much interest to those who read for amusement rather
than instruction.
MAJORITY OF THE COLONY.
The long-anticipated festival in commemoration of the majority of
South Australia took place on Monday, December 28th, at Glenelg, the
place where the colony was first proclaimed. Up to ten o'clock the
weather, upon which everything depends on such an occasion, was pro-
pitious, and every preparation had been made for the complete fulfil-
ment of the great object of the day. Every vehicle, public and private,
every thing,. in fact, that could afford a means of locomotion, was laid
under contribution. For some days previously, indeed, the seats in
many of the public conveyances had been engaged for the occasion, so
that it was impossible, on the morning of Monday, for hundreds, nay
thousands of persons, who had depended upon the chances of the tide,
to obtain the means of transport to the scene of the festivities. The
road from Adelaide to the Bay, a distance of six miles, was crowded
The Constitutioyial History of South Australia. 581
throughout its entire length with vehicles, horsemen and pedestrians,
which were poured into the village in dense and unbroken masses for
two or three hours. The pavilion in which the dejeuner was to take
place had been erected near the sands, in front of Government Cottage,
and around it were clustered numerous booths and stalls for the enter-
tainment and refreshment of visitors. The festivity in the pavilion was
to be presided over by the Hon. J. H. Fisher, the first Resident Lands
Commissioner of South Australia, and now the President of the Legis-
lative Council. It was also understood that His Excellency and Lady
Mac Uonnell would honor the occasion with their presence. The whole
of the arrangements were under the direction of a committee comprising
a great number of the old colonists and of our leading and influential
men. The committee held frequent meetings at Glenelg and in Adelaide,
and everything was done that prudence and foresight could suggest to
secure the entire and triumphant success of the commemoration. In
addition to the dejeuner, various sports were determined on, such as
horse-racing, foot-racing, sailing matches, rifle-shooting, leaping, putting
the stone, &c. There was also to be a special ceremony at the old gum
tree under which the colony was proclaimed by Governor Hindmarsh,
twenty-one years ago. The land on which this tree stands was the
property of Mr. John Hector, of the Savings Bank, and had been gene-
rously conveyed by that gentleman to the Mayor and Corporation of
Glenelg by a deed, of which the following is a copy :—
"This indenture, made the twenty-eighth day of December, one
thousand eight hundred and fifty-seven, between John Hector, of St.
Leonard's, near Adelaide, in the province of South Australia, Esquire,
of the one part, and the Mayor, Aldermen, Councillors, and Burgesses
of the Town of Glenelg, of the other part. Whereas the said John
Hector is seized in fee-simple of and in the piece of land hereinafter
described, being the site upon which the said province of South
Australia was proclaimed a province of the United Kingdom of Great
Britain and Ireland ; and whereas the said John Hector is desirous of
conveying the said piece of land to the Mayor, Aldermen, Councillors,
and Burgesses of the Town of Glenelg, in order that the tree standing
thereon may be preserved and protected so long as the same shall exist,
to commemorate such proclamation, and afterwards for such other
purpose as the said Mayor, Aldermen, Councillors, and Burgesses may
think best for the commemoration of such proclamation as aforesaid,
and which conveyance the said Mayor, Aldermen, Councillors, and
Burgesses have agreed to accept. Now this Indenture witnesseth, that
in jmrsuance of the said agreement, and in consideration of the sum
of Ten Shillings of lawful British money paid by tlie said Mayor,
Afdermen, Councillors, and Burgesses to the said John Hector, the
receipt whereof is hereby acknowlfdgcd, ho the said .lolin Hector doth
bargain, sell, and release unto the said Mayor, Aldermen, Councillors,
582 The Constitutional History of South Australia.
and Burgesses, and their successors all that piece or parcel of land,
portion of all that section of land containing one hundred and thirty-
four acres, number 184, in the provincial survey marked with the letter
B, and which piece of land hereby conveyed is the south-western corner
of the allotment number 82, of various allotments into which the said
section, number 184, has been subdivided to form the township of ' St.
Leonard's on the Sea,' and which said piece of land hereby conveyed is
sixty-two feet square, and is more particularly delineated in the plan of
the said township, and in the plan in the margin of these presents, and
marked ' GC ;' together with all rights, members, and appurtenances
thereto belonging, and all the estate and interest of him, the said John
Hector, therein and thereto to have and to hold the said piece or parcel
of land and premises unto and to the use of the said Mayor, Aldermen,
Councillors, and Burgesses, and their successors for ever upon the trusts
hereinbefore mentioned. In witness whereof the said parties to these
presents have hereunto set their hands and seals the day and year first
above written."
A brass plate was to have been affixed to the tree by.His Excellency
the Governor, bearing the following inscription : —
"On this spot, on the 28th December, 1836, the Colony of South
Australia was proclaimed and established as a province by Captain
John Hindmarsh, R.N., the Governor thereof, acting in the name and
on behalf of His Majesty King William IV., in the presence of the chief
officers of the Government and other colonists. On the 28th December,
1857, the record of the above fact was here publicly affixed by Sir R. G.
MacDonnell, Knight, C.B., Governor-in-Chief of the Province, in the
presence of the assembled colonists, to commemorate the event of the
colony attaining its 21st year, and to testify their feelings by a day of
public rejoicing.— God Save the Queen."
The plate had been engraved by Mr. Payne, of King William-street,
and was a very creditable specimen of the skill of the artist. The
Volunteer Artillery, resuscitated for the nonce, gave their services
gratituously to fire a royal salute. Lady MacDonnell very kindly threw
open Government Cottage to such as chose to avail themselves of its
hospitality. The Brunswick Band had been engaged to play in the
pavilion and at the scene of the sports, and all was intended to "go
merry as a marriage bell." At a little after 5 o'clock in the morning
a salute was fired by Dr. Popham, out of the carronades of the Buffalo
(the vessel which brought the first Governor to the colony), and which
had been lying rusting on the beach ever since. Between 10 and 11
o'clock the visitors to the Bay amounted to about 10,000. The hotels
and booths were crowded to excess, whilst numerous groups of happy
and gaily-dressed persons were scattered about in various directions,
enjoying the invigorating breezes from the sea, and anticipating the
amusements which were to follow. The luncheon had been provided by
The Constitutional History of South Australia. 583
Mr, Goldsack, of Hindley-street, and was of the most substantial and
recherche description. The village was a picture of the Hags of all
nations, and the scene altogether was such as was calculated to excite
the imagination and to gratify the sight. This pleasant state of things,
however, was nut long destined to last. The weather which, for two or
three days previously had appeared uncertain, now gave signs of a
change decidedly imfavorable to holiday-making, and by 12 o'clock the
determined drizzle which had set in, accompanied as it was by the
leaden color of sky and sea, plainly indicated a thorough wet day of the
good old English sort, and, true to the prognostics of the skies, the rain
came down in torrents and continued, with but little intermission,
during the remainder of the day. The canvas erections had been made
only to screen their tenants from the sun, and were therefore wholly
useless as a defence against the watery elements. The result need
scarcely be told. Every arrangement was overturned, every calculation
was set at defiance. The inns were insufficient to accommodate the
crowds of applicants for admission, and thousands were obliged to
submit to be drenched to the skin.
The rain did not, however, prevent a large number of persons from
proceeding at 12 o'clock to the "Old Tree," with the expectation that the
ceremony of affixing the plate would be performed. The venerable relic
in question stands about a quarter of a mile from the beach, and is
remarkable from having become so bent that the top of the trunk
touches the ground, so that it forms a complete arch about twelve feet
high, along which here and there are still a few signs of vegetation. In
front of this tree there was erected a platform for the performers of the
ceremony that was expected to take place. A considerable number of
persons, perhaps 80 or 100, including the Rev. T. Q. Stow and other
well-known colonists, were in attendance. They were, however, doomed
to disappointment ; and after waiting for two or three hours in
expectation of seeing the Governor, the flag was hoisted in the absence
of His Excellency, and a bottle or two was broken by volunteer hands
in honor of the occasion.
The outdoor sports commenced, according to i)rogramme, at half-past
10 o'clock, but, from the state of the weather, it was impossible to
continue them in the order in which they had been announced.
THE LUNCH.
At about half- past 1 o'clock the greater number of persons who had
procured tickets of admission to the pavilion had taken their places
within its spacious limits. ]'jV(;rything which forethought could suggest
or skill accom[)liHh for securing the cmrifort and convenience of the
guests was provided, but the canvas roofing was not waterprcjof ; and
as a consequence, not only the company, but a considerable portion of
the viands, was saturated with the dripping rain. ]']very delicacy of
584 The Constitutional Histoi'y of South Australia.
the season was upon the tables ; but, unfortunately, " the pelting of
the pitiless storm " had the effect of "dashing the cup of pleasure from
the lips " of the numerous guests. Scarcely had the company taken
their seats ere the National Anthem, performed by the band, announced
the approach of the Governor-in-Chief. His Excellency was accompanied
by Lady ISIacDonnell and a large retinue of the principal colonists,
with their ladies. The Hon. J. H. Fisher, President of the Legislative
Council, occupied the chair. At the principal table, which extended
across the whole width of the pavilion, were seated the vice-regal
party, many influential colonists, and a large number of ladies. The
numerous guests having satisfied their gustatory propensities, as well
as the circumstances of the case would permit.
Tlie Chairman said the toast he was about to propose was one which
in every part of Her Majesty's dominions was received with enthusiasm;
it was " The Health of Her Most Gracious Majesty the Queen." Not-
withstanding the unpropitious state of the weather, he was sure that
the company would cordially drink to Her Majesty's health, with the
earnest desire that she might long reign over us.
The toast was di'unk with loud cheering, followed by a royal salute,
and the National Anthem by the band.
The Chairman again called for full glasses, and remarked that the
health of the Queen having been so well received he was certain they
would do all honor to that which he was about to propose— " The Prince
Consort, the Prince of Wales, and all the Royal Family."
Rule Britannia by the band.
The Chairman then said he was about to propose a toast which he was
quite sure would not be less enthusiastically honored than those which
had preceded it. It was a toast upon which he could, but perhaps ought
not to say a good deal. It was a subject — (here the Chairman was inter-
rupted by the report of a cannon) — evidently worthy of a good report.
(Laughter.) It was a subject — (a second gun interrupted the Chairman,
and caused great merriment, during which he sat down, and the salute
of seventeen guns was given by the artillery on the beach. The Chair-
man then resumed.) — He thought he was to have fired the great gun on
that occasion — (a laugh) — but it appeared that there were others outside
who appreciated by inspiration the toast which he was about to propose;
it was " the health of their excellent and most worthy Governor-in-
Chief, Sir Richard MacDonnell." (Applause.) It was always a diffi-
cult matter when they knew that they could, and that they ought to
say a great deal in praise of a person, to be compelled to speak on the
subject in the presence of that person. (Hear, hear.) In the presence
of His Excellency he could not venture to express his feelings ; but he
was confident, however, that each person present sufficiently appreciated
His Excellency's character. (Hear, hear.) They all knew him to be
exemplary as an individual, and as a Governor everything which they
The Constitutional History of South Australia. 585
could desire. (Hear, hear.) He was confident that he only spoke the
voice of the colonists when he said that His Excellency endeavored to
promote, to the best of his power, the best interests of the colony. They
had had a succession of Governors, and he (the Chairman) could speak
well of every one of them ; but he must say, although he stood in his
presence, that none of them had exceeded His Excellency in the esti-
mation of the colonists. Had not the weather been so unfavorable, he
was quite sure that a much greater number would have been present to
testify their appreciation of His Excellency's character. He did not,
indeed he could not, find fault with those who were absent, although he
deeply regretted their absence ; and he could not trust himself to speak
further on the subject, lest he might be carried away by his feelings, and
be induced to say more than he intended on rising. He called on the
company to fill bumpers, and drain them to " The Health of the Gover-
nor-in-Chief, and may he long reign over us."
The toast was drunk with great and reiterated applause.
His Excellency then rose and said — Mr. Chairman, Ladies and Gentle-
men — My first and most natural feeling, as you may suppose, would be
to thank you for the marked kmdness with which you have been pleased
to receive my health. My predominant feeling at present, however, is
one of regret that the change in the weather should have inconvenienced
80 many of our fellow-culouists. Notwithstanding the number who have
visited Glenelg, there can be no doubt that thousands have been either
kept away or disappointed by the rain. If, gentlemen, a new colonist
can so feel regret that so many should have been prevented from
partaking in festivities intended to commemonate so important an
epoch in your history, what must be the annoyance of those who cannot
be present ? And, gentlemen, I assure you that I do most deeply
regret it. (Applause.) South Australia is, however, a colony that has
risen superior to many more trying circumstances, and her people have
ever exhibited a spirit that enabled them, like Mark Tapley, to be
merry under the most adverse circumstances. (Laughter and applause.)
If ever there were colonists marked by such a spirit, it is those of
South Australia. (Applause ) Gentlemen, twenty-one years is not a
long term in the history of a country or a race, but it is a long portion
of the life of those who founded a colouy — (hear, hear) — therefore it^
termination furnishes a fitting occasion for commemoration. ( Ajjplause.)
Yes, I think you do well to commemorate on this occasion the foun-
dation of the colony ; such an epoch forms a sort of dividing range — if
I may borrow a phrase from the geologists — from which you can look
down on one side to the jjast with soniothing like honest pride, and on
the other side with glowing liopes and glorious expectations. (Applause.)
Those who can look back on the past twenty-one years can see its history
diversified by many a difficulty, encountered manfully and overcome —
by many sanguine hope»i, deferred, but eventually realised. The first
586 The Constihitional History of South Australia.
twenty-one years represented all the struggles incident to a country's
infancy ; but now and henceforth it will be incumbent on you to realise
the high hopes and assume the resolute bearing of vigorous manhood.
(Hear, hear.) Gentlemen, I do not despair in the least of South Aus-
tralia's deserving as well of public opinion hereafter as she has hitherto
done. In looking back through the history of the last twenty-one years,
the merchant may recollect his losses and count his profits ; the agricul-
turist may well, I think, look back with something like surprise at the
progress which has resulted in the fact that this young colony has now
more acres under cultivation than any of the older Australian colonies.
(Applause.) The squatter, whilst remembering the struggles and re-
verses of early settlement, can point to the result of there being now two
millions of sheep and three hundred thousand head of cattle in South
Australia — (hear, hear, and applause) — with well-founded expectations of
a more rapid increase of stock than at any former time since the colony
was founded. Then, with regard to our mineral wealth, we have one
mine which produces three thousand tons of copper per annum, varying
in value from £100 to £130 per ton — (applause) — of which a great pro-
portion is expended in wages within the colony. Everyone may thus
have his own way of looking at the past, and I have mine, which is this,
that in proportion as the colony has grown up, and the colonists been
blessed with free institutions and complete control of their own
affairs, in the same proportion has their loyalty strengthened and
their love and affection for their Sovereign become more manifest.
(Great aj^plause.) Gentlemen, among the many things from
which pleasure can be derived by a Governor there is nothing which
gives your Governor greater pleasure and pride than the consciousness
that he can honestly speak thus of South Australia. (Applause. ) When
colonies were founded formerly it was too often to gratify avarice or
lust of conquest ; but South Australia stood out a singular exception to
the rule on which colonies were founded, whether in the classic days of
Greece and Rome, or later, by Spain and other maritime countries. It
was the result of an intelligent design, which marked an important
epoch in colonisation, and I am happy to be with you to commemorate
the success of that experiment. (Applause.) Gentlemen, not an acre
was surveyed when the design of your colony was conceived. The
peculiar feature of that design was to make the money received for the
purchase of land, the means of introducing immigrants to make that
land productive, and to construct lines of communication between one
point and another. That design has been hitherto more or less steadily
adhered to, and I hope it will be long before you abandon the principle
upon which your colony was founded and upon which it has flourished.
(Hear, hear, and applause.) I might, did the occasion permit, give
some statements as to the material progress of the colony — a progress
surprising even to my friend on my left (the Chairman), though one of
The Constitutional History of South Australia. 587
the most sanguine founders of the colony. As, however, I expect that
hon. gentleman will favor you with a resume of the progress of the
colony it is not necessary for me to dwell on that subject. The duty I
have to discharge is to propose a toast with which will be coupled his
name as one of that excellent band of pioneers who landed near this
spot twenty-one years ago. (Hear, hear, and applause.) Gentlemen,
he will give you some account of the progress of the colony ; for myself,
I so often h^ve to report on the subject to Her Majesty's Government,
that I feel glad to be relieved of such details on this occasion by one
who can so well and so gracefully in his own person refer to the past
and the present — the trials and the triumphs — of South Australia.
(Applause.) My friend has himself acknowledged the difficulty of
sjieaking well of a person in his presence, and I also feel that difficulty.
We know that where compliments are best deserved they are least
welcome. I need not tell you that he came out here wlien the control
over the revenue and the land was divided. I need not tell you that no
one could be more fit to fill that chair on this occasion, nor could any
one fill the chair in another onerous situation with more efficiency or
with more dignity than my friend. Gentlemen, I give you the toast,
"The Prosperity of South Australia," coupling with it the "The Health
of the Hon. J. H. Fisher." (Applause.) I do not think there is any
individual in this company who is more willing to make sacrifices to
promote its welfare than myself. (Hear hear.) There is no one to
whose heart its prosperity lies dearer, or who will join more heartily
in doing honor to the toast, which I propose that we drink in South
Australian wine, liberally supplied for the purpose by an old colonist —
" The Prosperity of South Australia, the Hon. J. H. Fisher, and the
Founders of the Colony."
The t(jast was drunk with enthusiastic applause.
Mr. Daniel then sang in fine style, accompanied by the band, the
company joining in chorus, the following spirited verses, from the pen
of Mr. O. K. Richardson : —
THE PIONEERS OF SOUTH AUSTRALIA.
Tune—" The British Grenadiers."
Fill, fill each sparkling glass, boys,
And drain your bumpers dry !
And listen while I sing, boys,
Of days and deeds gone by.
And while we call to mind the past — its hopes— its doubts — its fears,
Let's ne'er forget the hfmor due to our brave old Pioneers.
They left their much-loved England,
And braved the ocean's fdani,
Here, for themHelvc* and children.
To found a freeman's home.
588 The Constitutional History of South Australia.
!Now near the same old tree we meet, o'er which, with joyous cheers,
The British flag was first unfurl'd by those loyal Pioneers.
That little band of heroes,
How manfully they plied
The axe — the plough — the harrow —
And labor'd side by side !
Forusthey clear'd — they plough'd — they sow'd; — a garden now appears
Where first they found a wilderness — those hardy Pioneers.
Like wave on wave advancing,
Crowds followed them ere long.
The once small band now musters
Some hundred thousand strong ;
Who've carried on through weal and woe, for one-and-twenty years,
The work so nobly then begun by our gallant Pioneers.
Beneath this gay pavilion
We sip our wine at ease ; —
Theirs was the rude tarpaulin—
Or shelter of the trees.
Think, while we gratefully enjoy each gift our hearts that cheers.
We owe all, under Pi-ovidence, to our brave old Pioneers.
Choms —
Then the bottle pass — fill high each glass ; — and with three English
cheers.
Shout hip ! hip ! hip ! — with heart and lip — hurrah for the Pioneers.
The Chairman said — I rise with great pride and satisfaction to
respond on behalf of the colonists generally to the toast which has just
been so appropriately and so well proposed by His Excellency the
Governor-in-Chief, and for which, on their behalf also, I return His
Excellency the most unfeigned thanks. That toast, "Prosperity to
South Australia," is one which is at any time grateful to the feelings of
South Australians, and more especially must it be so on an occasion
like the present. In addressing you upon a subject so extensive in its
bearings and so immensely interesting in every point of view, I feel
that what I may say can only be rendered acceptable by its accuracy
and truthfulness ; and having been made aware that I should have to
fulfil the duty J. now most cheerfully undertake, I have thought it more
respectful to those who hear me and to all to whom what I utter may
be made known to adopt the rather unusual course of noting down and
reading what I have to say in preference to trusting to the frailty of
memory and attempting an off-hand address, involving, as would be
expected, a multiplicity of facts and detail, spread over and collected
from a period of one-and-twenty years. The imposing sjjectacle we now
behold cannot fail to remind many amongst us of the scene presented
The Constitutional History of South Australia. 589
on this same spot now twenty-one years since — a scene which, though
less grand and gay, yet possessed an interest and momentousness all its
own, as containing the germ and promise of what we now gaze upon with
such emotions of joy and gratitude. On that occasion how different
was our appearance ! Here we stood, fresh from the tossings of the
ocean, surrounded with grave novelties of uncertain omen, am.idst stern
cares, eager questionings, and unaffected toils of mind and muscle.
Here we stood now looking back with tender, perhaps poignant thoughts
of the homes we had left ; now looking forward, peering into the dark
future for the new homes we sought. Here we stood, and, under the
formalities of that memorable hour, swore allegiance to our Sovereign,
vowed fidelity to our common interests as an organised community,
and looked up to the Lord and King of all nations to shield and bless
us. It is not inappropriate to call to mind that a few months only
elapsed before the monarch in whose name our colony was proclaimed
passed for ever from the responsibilities and honors of his high station ;
but the thought, if somewhat saddening, is not unseemingly relieved by
the recollection that there ascended the throne the illustrous Sovereign,
whose reign has been more animated with the affections of all British
hearts, more marked by human progress, more illuminated by widely-
diffused intelligence, more quickened by marvellous discoveries and
inventions, more august with legitimate and salutary influence
throughout the whole circle of empires and nations, than that of any
preceding monarch, in whatever land or whatever age. No future tyro
in history will lack a suggestive and brilliant date of the minority of
South Australia. It will stand amidst the dazzling chronicles of the
first twenty years of the reign of Victoria Alexanderina. May that reign
be happier still, and far prolonged ! There is another chord of tenderness,
which it would be unkind, nay, unjust, not to touch on this occasion,
all-jubilant though that occasion be. There were those then present,
but not now with us, whose names with their appropriate associations —
some of them of deep and grateful and cherished interest — will recur to
memory. The forms of Howard, of Light, of Gouger, of Stevenson,
stfjod on this ground on that interesting day ; and we may not withhold
from names of more tender, more profound import, the tribute of a tear
and a pang — all we dare pay on this occasion, though far less than ia
due. It is pleasant, however, to remember that the inroads of mortality
have not been great amongst the oldest settlers, and that vast accessions
have been made to our numbers, including multitudes whose social
virtues and moral worth have won the cimfidence and esteem of their
precursors ; and that from among our own playful, prattling circles
some have risen to the leadership of families, the activities of gainful
commerce, and the responsibilities of jjoHition and influence. We meet
to celebrate the majority ot our colony. As a child South Australia
attracted more than ordinary notice. It could never be called feeble.
590 The Constitutional History of South Australia.
or dull, or idle. It always had vivacity, energy and confidence quite
equal to its years. Some said it w^as pert and noisy, others called it
forward and boastful. But all this was nothing but its natural life, and
vigor, and buoyancy, which developed and grew up into the spirit and
robustness and self-reliance of strong and noble manhood. If any think
they can point to childish follies and youthful indiscretions, we can
remind them that there came also seasons of chiding and discipline, of
reflection and repentance ; and that as the result, without any loss of
animation or action, there is quite as much manly solidity and dignity
as the severest censor could look for at the age of twenty- one. In recur-
ring to the origination of our colony it would be wrong to omit a notice
of what constituted its great speciality and significance. It was meant
to be a recognition, and to some extent a trial of principles. The pro-
jectors — meaning thereby not only those who emigrated, but also a
number of gentlemen still remaining in England, but embarking capital,
zeal and influence in the scheme — the projectors avowed this distinctive
character of their plan. To the ordinary motives of emigration, which
there was no affectation of denying, there were added the wish for a
healthy and gradual development of the principles of self-government —
a solution of the problem how best to supply an adequate and permanent
source of colonial labor — the concentration of the people with all the
appliances and advantages of organised society — good educational pro-
visions and means of religion, early, prominent, sufficient, but free,
harmonious and happy. To what extent the designs and hopes of the
projectors and early colonists have been realised is now my purpose to
show by a variety of facts and statements, some of which, as things
accomplished, will be found of startling compass and amount, whilst
others of which will be regarded as pre-eminently significant and hope-
ful as auguries of the future. In detailing the facts to which I have
referred I shall endeavor to be as concise as is consistent with my pro-
posed object, though I feel that the subject is capable of being very
considerably extended. I feel also that I may possibly omit to advert
to some points which might be deemed important, and should I do so, I
must throw myself upon the kind consideration of those around me, and
trust to their general knowledge of all that is necessary to supply my
deficiencies.
Before concluding his speech Mr. Fislier introduced
a full description of the colony and its material
progress as given in the statistical returns of the
year. But as these are already included in the
abstract which I have put befoie the reader in the
The Constitutional History of South Australia. 591
commencement of this chapter I avoid unnecessary
repetition. In the course of the pi'oceedings quoted
from the Register it was stated that the late Mr.
Hector had conveyed to the Mayor, Aldermen, Coun-
cillors, and Burgesses of the Town of Glenelg, a plot
of ground sixty-two feet square, being a portion of
the land belonging to him, and numbered 184 in the
provincial survey marked with the letter B. This
plot of land marks the site upon which South Australia
was proclaimed a province of the British Empire on
December 28th, 1836, and at that time an old gum
tree was standing there, which still existed in 1857.
It was arranged by the committee superintending the
festival in 1857, that a brass plate was to have been
affixed to the tree by His Excellency, Sir Richard
MacDonnell, bearing engraved on it an inscription
commemorative of the event of the proclamation of
the colony in 1830. This, however, as far as I can
learn, was not carried out, as heavy rains falling on
December 28th, 1857, delayed the attendance of the
Governor for two or three hours. But the celebration
of the majority of the colony in the way effected, and
the proposal to mark the site of the first ceremony
inaugurated by Governor Hindmarsh suggest that, as
the ground has been vested in the Corporation of
Glenelg with the view of preserving some record
of the commencement of the colonisation of South
Australia, attention should be directed to the erection
of some permanent recognition of the day of the birth
592 The Constitutional History of South Australia.
of South Australia. As one of the first pioneers
who arrived in South Australia with the surveying
expedition in the Cygnet on September 11th, 1836,
it can scarcely be out o£ place for me to make the
sugc^estion that this object would be suitably effected
by the erection of some trophy of stone or marble on
the plot of ground presented by Mr. Hector, to be opened
to view on December 28th, 1886 — the jubilee day, when
South Australia will have attained the respectable
maturity of fifty years. A column of marble sur-
mounted by the statue of Captain Hindmarsh, or some
other more remarkable founder of the colony, would
appropriately record the event in a lasting and
appropriate manner. It may not be considered too
ambitious an idea to suggest as a model for a column
of South Australian marble the pillar in Egypt known
as Pompey's pillar, which was erected to celebrate a
triumph of arms and to perpetrate his glory. The
foundation of a State which in the future will form
one of a group of nations not inferior to Egypt in
greatness, by a community of merchants using only
the peaceful inducements of commerce is an event
certainly more deserving of lasting remembrance than
the martial glory of even a Roman emperor or the
addition of another province to the Roman empire
through successful wars. The names of the chief
officers who formed the first Government in South
Australia and of the Colonisation Commissioners,
together with those who accompanied the first expe-
The Constitutional History of South Australia. 593
dition as civil officers of the administration, would
form an interesting scroll aroimd the pillar. In the
appendix (a) will be given the names of the chief
officers who formed the first Government, and the
names of all civil servants of the colony who
accompanied the first expedition. The dates given in
the first chapter of the arrival of the vessels which
brought 54(3 souls to South Australia to form the
nucleus of a colony now (in 1885) numbering about
320,000 people, will also be an interesting if not a
useful record. And here I bring to a conclusion the
constitutional history of South Australia during the
first twenty-one years of its existence as a British
colony.
T??^
i^^
2»
APPENDIX.
A.
List of officers in the Civil Service present in the colony on December
28th, 183G :—
■'Captain John Hindmarsh, R.N., Governor.
*Charles Mann, Advocate-General.
*James Hurtle Fisher, Resident Commissioner.
Colonel William Light, Surveyor-General.
Osmond Gilles, Colonial Treasurer.
^Robert Gouger, Colonial Secretary.
*.John Brown, Emigration Agent. /
Thomas Gilbert, Storekeeper.
*Edward Wright, Surgeon.
John Woodforde, Surgeon.
*George Strickland Kingston, Deputy-Surveyor-General.
*Boyle Travers Finniss, Assist. -Surveyor (late Lieut. 82nd Regt.)
^George Stevenson, Private Secretary to Governor.
R. G. Symmonds, Assistant- Surveyor.
Alfred Hardy, Assistant-Surveyor.
John Cannan, Assistant-Surveyor.
*Thomas (?) Neale, Assistant-Surveyor.
Sir .John Jeflcote, Knt., Judge.
*Rev. Charles Beaumont Howard, Colonial Chaplain (Ch. of Eng.)
"Captain Lipson, R.N., Harbor-master.
Lieut. William Field, R.N., Chief Officer of surveying brigPiapid.
William Pullen, R.N., Second Officer of surveying brig Rcqnd.
William Jacob, Assistant-Surveyor.
*Mr, John Morphett, Agent (now Sir John Morphett).
Mr. Robert Thomas, Printer.
Mr. Rodolph Wigley, Resident Magistrate.
Mr. .John Jickling, Barrister.
Rev. Thos. Quinton Stow, Congregational Minister.
— Claughton, Officer of Rapid.
— Barker, Officer of Rapid.
N.B.— Those marked * were accompanied by their wives. The above
names are supplied from the author's memory, and there may conse-
quently be a few omissions. In a few instances the Christian names
were not known.
The Constitutional History of South Australia. 595
B.
An Act to establish a Constitution for South Australia, and to grant a
Civil List to Her Majesty.
[Reserved, January 4th, 1856.]
Whereas by an Act of the Imperial Parliament, passed m the session
holden in the thirteenth and fourteenth years of the reign of Her present
Majesty, intituled " An Act for the better Government of Her Majesty's
Australian Colonies,'' it was amongst other things enacted that, not-
\vithstanding anything therein contained, it should be lawful for the
Governor and Legislative Council of the Province of South Australia,
from time to time, by any Act or Acts, to alter the provisions and laws
for the time being in fores under the said Act of Parliament, or other-
wise concerning the election of the elective Members of such Legislative
Council, the qualification of electors and elective members, or to
establish in the said province, instead of the Legislative Council, a
Council and a House of Representatives, or other separate Legislative
Houses, to consist of such members to be appointed or elected by such
persons, and in such manner, as by such Act or A cts should be deter-
mined, and to vest in such Council and House of Representatives, or
other separate Legislative Houses, the powers and functions of the
Legislative Council for which the same may be substituted : And
whereas it is expedient to exercise the powers by the said Act vested in
the Governor and Legislative Council of the said Province, and to sub-
stitute for the said Legislative Council a Parliament consisting of a
Legislative Council and Asseoibly, constituted and elected as herein-
after provided : Be it therefore enacted by the Governor-in-Chief of
the Province of South Australia, with the advice and consent of the
Legislative Council thereof, as follows —
1. There shall be, in place of the Legislative Council now subsistiog
a Legislative Council and a House of Assembly, which shall be
called "The Parliament of South Australia," and sliall be
severally constituted in the manner hereinafter prescribed, and
such Legislative Council and House of Assembly shall have and
exercise all the powers and functions of the existing Legislative
Coimcil : Provided that all Bills for appropriating any part of
the revenue of the said province, or for imposing, altering, or
repealing any rate, tax, duty, ur impost, shall originate in the
House of Assembly.
2. It hhall be lawful for tlie Governor to fix such places and times
for liolding the first and every other session of the said Parlia-
nint as lie may think fit, and from time to time to change or
vary the same as he may judge advisable and most consistent
with general convenience and the public welfare, giving suffi-
cient notice thereof; and also t<> prorofrm- tjie said I'arlianient
38 a
596 Tlie Constitutional Sistory of South Australia.
from time to time, and to dissolve the said House of Assembly
by proclamation or otherwise whenever he shall deem it expe-
dient : Provided that nothing herein contained shall authorise
the Governor to dissolve the said Legislative Council.
3. There shall be a session of the said Parliament once at least in
every year ; so that a period of twelve calendar months shall
not intervene between the last sitting of the Parliament in one
session and the first sitting of the Parliament in the next ses-
sion ; and every House of Assembly hereafter to be summoned
and chosen shall continue for three years from the day on which
such House of Assembly shall first meet for the dispatch of
business, and no longer, subject, nevertheless, to be sooner pro-
rogued or dissolved by the Governor.
4. The said Parliament shall be called together for the first time at
some period not later than six calendar months after the pro-
clamation of this Act by the Governor.
5. The Legislative Council shall for the present consist of eighteen
elected members, who shall be elected by the inhabitants of the
said province, legally qualified to vote ; and no person shall be
capable of being elected a member who shall not be of the full
age of thirty years, and a natural-born or naturalised subject of
Her Majesty, or legally made a denizen of the said province,
and who shall not have resided within the said province for the
full period of three years.
6. Every man of the age of twenty-one years, being a natural-born
or naturalised subject of Her Majesty, or legally made a denizen
of the said province, and having a freehold estate in possession,
either legal or equitable, situate within the said province, of the
clear value of Fifty Pounds sterling money above all charges
and incumbrances affecting the same, or having a leasehold
estate in possession, situate within the said province, of the
clear annual value of Twenty Pounds, the lease thereof having
been registered in the general Registry Office for the registration
of deeds, and having three years to run at the time of voting,
or containing a clause authorising the lessee to become the
purchaser of the land thereby demised, or occupjang a dwelling-
house of the clear annual value of Twenty-five Pounds sterling
money, and who shall have been registered on the electoral roll
of the province six months prior to the election, shall be
entitled to vote at the election of members of the Legislative
Council.
7. The Legislative Council shall, at its first meeting, and before
proceeding to the dispatch of any other business, elect some
member of the said Council to be the President thereof, and as
often as the place of such President shall become vacant by
The Constitutional History of South Australia. 597
death, resignation, vacating his seat, or removal by a vote of
the said Council, the said Council shall again elect some other
member to be the President thereof, and the President so
elected shall preside at all meetings of the said Council, and
the election of the President of the Legislative Council shall
be notified to the Governor by a deputation of the said
Council.
8. The Legislative Council shall, immediately after the election of
the President thereof, proceed to determine by lot the order in
which the names of the several members shall be entered upon
a list to be called the " Members' Roll," and at the expiration
of four years from the date of issuing of the writs for the first
election imder this Act, and thenceforward at the expiration
of every succeeding four years, such six members as shall be
the first six on such Members' Roll, shall vacate their seats,
and six members shall be elected to supply the vacancies so
created, and immediately after the members so elected to fill
the vacancies so created shall have taken their seats, they
shall proceed in like manner to determine by lot the order in
which their names shall be respectively placed on the Members'
Roll, next after the names of the Members previously on the
said roll, and in the event of a single member being elected to
fill a seat in the said Council, vacant by reason of death,
acceptance of office, or otherwise, the name of such Member
shall be placed last on the said Members' Roll, to the intent
that one-third of the whole number of members of the
Legislative Council, consisting of such six Members as shall
have held their seats for the longest period, shall vacate their
seats every four years.
9. In case of the absence of the President, in consequence of leave
of absence granted to him by the House, or of illness, or other
unavoidable cause, it shall be lawful for the Legislative
Council to choose some other member of the said House to fill
temporarily the office and perform the duties of the President
during his absence.
10 The Legislative Council shall not be competent to the dispatch
of business unless there be present, including tho President,
or the person chosen to preside in his absence, at least seven
members of the said Council, and all questions which shall
arise shall be decided by a majority of the votes of those
Members of the Council who shall be present, exclusive of the
President, or the jjerson chosen as aforesaid, who shall be
allowed a casting vote.
11. It shall be lawful for any Member <>f tlie Legislative Council by
writing under his hand, addressed to tlie President of the said
598 The Constitutional History of South Australia.
Council, and which writing shall forthwith, after the signing
thereof be delivered to such President, to resign his seat in the
said Legislative Council, and upon the receipt of such resig-
nation by such President the seat of such member shall become
vacant.
12. If any Legislative Councillor shall fur two consecutive months
of any session of the Legislative Council, fail to give his
attendance therein, without the permission of the said Council,
or shall take any oath or make any declaration or act of
acknowledgment of allegiance or adherence to any foreign
Prince, or power, or shall do, concur in, or adopt any act
whereby he may became a subject or citizen of any foreign
state or power, or shall become bankrupt, or shall take the
benefit of any law relating to insolvent debtors, or become a
public defaulter, or be attainted of treason, or be convicted of
felony or any infamous crime, or shall become of unsound mind,
his seat in such Council shall thereby become vacant.
13. Whenever any question shall arise respecting any vacancy in
the Legislative Council or House of Assembly, the same shall
be heard and determined by the Legislative Council and
House of Assembly, respectively.
14. The House of Assembly shall, for the present consist of thirty-
six members who shall be elected by the inhabitants of the
said province ; and any person who shall hi qualified and
entitled to be registered as a voter in and for any electoral
district within the said province, shall be qualified and
entitled to be elected a member of the House of Assembly for
any electoral district within the said province.
15. No person, not being a natural-born subject of Her Majesty,
shall be qualified and entitled to be elected a member of the
said Parliament unless he shall have resided in the said
province for the full period of five years.
16. Every man of the age of twenty- one years, beinar a natural-
born or naturalized subject of Her Majesty, and having been
registered upon the electoral roll of any district for the period
of six calendar months prior to any election, shall be qualified
to vote in the election of members to serve in the House of
Assembly : Provided that no man shall be entitled to vote at
the election of a member of the Legislative Council or House of
Assembly, who has been attainted or convicted of treason, or
felony, or other infamous offence, in any part of Her Majesty's
dominions, unless he has received a free pardon for such
offence, or has undergone the sentence passed on him for such
offence.
17. If any member of the said Parliament shall accept of any
The Constitutional History of South Australia. 599
office of profit or pension from the Crown, during pleasure,
excepting those offices which are hereinafter required to be
held by members of the said Parliament, his seat shall be
thereupon and is hereby declared to be vacant.
18. If any person by this Act disabled or declared to be incapable
to vote or sit in the said Paiiiament, shall, nevertheless, be
elected and returned as a member to serve in the said
Parliament for any electoral district, such election and return
shall and are hereby declared to be void to all intents and
purposes whatsoever ; and if and person so elected and returned,
contrary to the provisions of this Act, shall presume to sit or
vote as an elected member of the said Parliament of any session
to be hereafter summoned and holden, such person shall forfeit
the sum of five hundred pounds, to be recovered by any person
who shall sue for the same in the Supreme Court of the said
province, or in any other Court of Record in the said province
having competent jurisdiction.
19. The members of the House of Assembly shall, upon the first
assembling after every general election, proceed forthwith to
elect one of their number to be Speaker, and in case of his
death, resignation, or removal by a vote of the said House of
Assembly, the said members shall forthwith proceed to elect
another of such members to be such Speaker, and the Speaker
so elected shall preside at all meetings of the said House of
Assembly ; and the election of such Speaker shall be forthvWth
notified tu the (Governor by a deputation of the said House.
20. In case of the absence of the Speaker, in consequence of leave
of absence granted to him by the House, or of illness or other
unavoidable cause, it shall be lawful for the House of Assembly
to choose some other member of the said House to fill,
temptjrarily, the office and perfonn the duties of the Speaker
during his absence.
21. The presence of at least one-third of the members of the said
House of Assembly, exclusive of the Speaker, or of the person
chosen to preside in his absence, shall be necessary to constitute
a meeting of the said House of Assembly for the dispatch of
business, and all questions which shall arise in the said House
of Assembly shall be decided by the majority of votes of such
members as shall be present, other than the Speaker or person
aforesaid, and when the votes shall be equal the Speaker or
person aforesaid shall have the ca'^ting vote.
22. No member of the said Parliain<^nt shall be permitted to sit or
vote therein until he shall have taken and subscribed the
fuUuwing oath before the Governor, or before some person or
persons authorized by the (lovernor to administer such oath : —
600 The Constitutional History of South Australia.
"I, A.B., do sincerely promise and swear, that I will be
faithful and bear true allegiance to Her Majesty Queen
Victoria, as lawful Sovereign of the United Kingdom of
Great Britain and Ireland, and of this Province of South
Australia, dependent on and belonging to the said
United Kingdom, and that I will defend Her to the
utmost of my power against all traitorous conspiracies
and attempts whatsoever, which shall be made against
Her person, crown, and dignity ; and that I will do my
utmost endeavor to disclose and make known to Her
Majesty, Her heirs and successors, all treasons and
traitorous conspiracies and attempts which I shall know
to be against Her, or any of them ; and all this do I
swear without any equivocation, mental evasion, or
secret reservation, and renouncing all pardons and
dispensations from any person or i^ersons whatever to
the contrary. So help me God."
23. It shall be lawful for any member of the House of Assembly by
writing imder his hand, addressed to the Speaker of the said
House, and which writing shall forthwith after the signing
thereof, be delivered to such Speaker, to resign his seat therein,
and upon the receipt of such resignation by the Speaker, the
seat of such member shall become vacant.
24. Every person authorized by law to make an affirmation instead
of taking an oath, may make such affirmation in every case in
which an oath is hereby required to be taken.
25. If any member of House of Assembly shall, for two consecutive
months of any session of the Legislature, without the permission
of such House of Assembly entered upon its journals, fail to
give his attendance in the said House, or shall take any oath
or make any declaration or acknowledgment of allegiance,
obedience, or adherence to any foreign prince or power, or do,
or concur in, or adopt any act whereby he may become a
subject or citizen of any foreign State or power, or become
entitled to the rights, privileges, or immunities of a subject or
citizen of any foreign State or power, or shall become bankrupt
or an insolvent debtor within the meaning of the laws in force
within the said province relating to bankrupts or insolvent
debtors, or shall become a public defaulter, or be attainted of
treason, or be convicted of felony, or any infamous crime, or
shall become of unsound mind, his seat in such House of
Assembly shall thereby become vacant.
26. When and so often as a vacancy shall occur in the said
Legislative Council or House of Assembly, upon a resolution
by the House declaring such vacancy and the causes thereof,
The Constitutional History of South Australia. 601
the President or Speaker, as the case may be, shall forthwith
cause a writ to be issued for supplying such vacancy.
27. The said Legislative Council and House of Assembly, at
the first sitting of each respectively, and from time to time
afterwards as there shall be occasion, shall prepare and adopt
such Standing Rules and Orders as shall appear to the said
Council and Assembly respectively best adapted for the orderly
conduct of such Council and Assembly respectively, and for
the regulation of the proceedings thereof and the dispatch
of business therein, and for the manner in which such Council
and Assembly shall be presided over in case of the absence
of the President or Speaker, and for the mode in which such
Council and Assembly shall confer, correspond, and communicate
with each other relative to votes or Bills passed by or pending
in such Council and Assembly respectively, and for the proper
passing, intituling and numbering of the Bills to be introduced
into and passed by the said Council and Assembly, and for the
proper presentation of the same to the (xovernor for the time
being, for Her Majesty's assent ; all of which rules and orders
shall, by such Council and Assembly respectively, be laid before
the Governor, and, being by him approved, shall become binding
and of force.
28. It shall be lawful for the Governor to transmit, by message, to
the Council or Assembly, for their consideration, any amend-
ment which he shall desire to be made in any Bill presented to
him for Her Majesty's assent, and all such amendments shall
be taken into consideration, in such convenient manner as
shall, by the rules and orders aforesaid, be in that behalf
provided.
29. The appointment to all public offices under the Government of
the said province hereafter to become vacant or be created,
whether such offices be salaried or not, shall be vested in the
Governor, with the advice and consent of the Executive Council,
except the appointment of the officers hereinafter required to
be members of the said Parliament, the appointment and dis-
missal of which officers shall be vested in the (iovernor alone:
Provided that this enactment shall not extend to minor
appointments, which by Act of the Legislature or by order
of the Governor and J^xecutive Council may be vested in heads
of departments, or other officers or persons within the said
province.
30. The commissions of the present Judges of the Supreme Court,
and of all future .Judges thereof, shall be, cimtinuo and remain
in full furc during their good beliavinur, notwithstanding the
demise of Her Majesty (whom may God long preserve), or of
602 The Constitutional History of South Australia.
Her heirs and successors, anj^ law, usage, or practice to the
contrary thereof in any wise notwithstanding.
31. It shall be lawful, nevertheless, for Her Majesty, Her heirs and
successors, to remove any such Judge or Judges upon the address
of both Houses of the said Parlian.ent.
32. After the first general election of the said Parliament, no
person shall hold any of the offices following — that is to say,
Chief Secretary, Attorney-General, Treasurer, Commissioner
of Crown Lands and Immigration, and Commissioner of Public
Works, for any longer period than three calendar months,
unless he shall be a member of the Legislative Council or
House of Assembly, for the time being ; and the persons for
the time being holding such offices shall ex officio be members
of the Executive Council.
33. No officer of the Government shall be bound to obey any order
of the Governor involving any expenditure of public money ;
nor shall any warrant for the payment of money, or any ap-
pointment to or dismissal from office, be valid, except as herein
provided, unless such order, warrant, appointment, or dis-
missal shall be signed by the Governor, and countersigned by
the Chief Secretary.
34. The said Parliament shall have full power and authority, from
time to time, by any Act, to repeal, alter, or vary all or any of
the provisions of this Act, and to substitute others in lieu
thereof : Provided that it shall not be lawful to present to the
Governor, for Her Majesty's assent, any Bill by which an
alteration in the Constitution of the said Legislative Council
or HoiTse of Assembly may be made, unless the second and
third reading of such Bill shall have been passed with the con-
currence of an absolute majority of the whole number of the
members of the said Legislative Council and of the House of
Assembly respectively : Provided also, that every Bill which
shall be so passed shall be reserved for the signification of Her
Majesty's pleasure thereon.
35. It shall be lawful for the said Parliament, by any Act, to define
the privileges, immunities, and powers to be held, enjoyed,
and exercised by the said Legislative Council and House of
Assembly, and by the members thereof, respectively : Provided
that no such privileges, immunities, or powers shall exceed
those now held, enjoyed, and exercised by the Commons House
of Parliament, or the members thereof.
36. No Judge of any court of the said province, nor any clergy-
man or officiating minister shall be capable of being elected a
member of the said Legislative Council or House of Assembly.
The Constitutional History of South Australia. 603
37. The salary of the President of the said Legislative Council
shall be at least equal to the salary of the Speaker of the said
House of Assembly ; and the salaries and allowances of the
vari"iU3 officers of the said Legislative Council shall be the
same as those of the corresponding officers of the said House
of Assembly : and the chief clerk for the time being of the said
Legislative Council, and of the said Hoiise of Assembly, shall
respectively be removed from office only in accordance with a
vote of the House of which he shall be an officer.
38. There shall be payable to Her Majesty, Her heirs, and succes-
sors, in every year, out of the Consolidated Revenue Fund of
the province of South Australia, the several sums not exceed-
ing in the whole Thirteen Thousand Five Hundred Pounds for
defraying the expenses of the services and purposes set forth
in the schedule to this Act annexed marked A, and the said
several sums shall be issued by the Treasurer of the said pro-
vince in discharge of siich warrants as shall from time to time
be directed to him under the hand of the Governor.
39. And whereas, by the operation of this Act, certain officers of
the Government wiU become liable to loss of office, by reason
of their inability to become members of the said Parliament, or
to command the support of a majority of the members thereof,
or upon other grounds without any misconduct or incapacity
on the part of such officer, and it is just to compensate the
present holders of such offices for the actual loss of their offices,
in case the same should happen, by the causes aforesaid, or any
of them — Be it enacted, That the sums set opposite the names
of the persons mentioned in schedules B to this Act annexed,
who at present respectively hold the offices therein mentioned,
shall be payable annually, by way of retiring allowance, to
such persons respectively during their respective lives, upon
their respective retirement or removal from office, upon the
grounds aforesaid, or any of them, after this Act shall come
into <>))eration ; and all such sums as aforesaid shall be payable
and paid to such persons out of the general revenue ; and the
Treasurer for the time being is hereby authorized and required
to make such payments accordingly, on warrants under the
hand of the (lovernor. Provided that, if after any such annual
retiring allowance as aforesaid shall have become payable, the
person entitled thereto shall accept any new appointment under
tlie Crown, then sucli retiring allowance shall merge or be
reduced pro taiilo during the tenure of such appointment,
according as the salary or emolument of such new appointment
in or are of greater of leas amount than such retiring allowance
of such person.
604 The Constitutional Sistory of South Australia.
40. It shall not be lawful for either House of the said Parliament
to pass any vote, resolution, or bill, for the appropriation of any
part of the revenue, or of any tax, rate, duty, or impost, for
any purpose which shall not have been first recommended by
the Governor to the said House of Assembly during the session
in which such vote, resolution, or bill shall be passed.
41. This Act shall be published in South Australia by the Governor
of the said Province, within three months after Her Majesty's
approval of the same shall have been received, by proclamation
for that purpose m the South Australian Government Gazette,
and shall commence and take effect from the day of the date
of such proclamation.
42. Anything herein contained to the contrary notwithstanding the
Legislative Couacil now subsisting shall continue and exist
until the issue of the first writs for the election of members of
the Parliament hereby constituted.
43. In referring to this Act, it shall be sufficient to make use of
the expression " The Constitution Act."
SCHEDULE A.
PART I,
Salary of Governor .£4,000
Salary of First Judge ... ... ... ... 1,500
Salary of Second Judge 1,300
Salary of Attorney-General ... ... ... 1,000
Salary of Crown Solicitor and Public Prosecutor ... 600
PART II.
Salary of Chief Secretary .61,300
Salary of Under Secretary COO
Salary of Treasurer ... ... ... ... 900
Salary of Auditor-General ... 700
Salary of Commissioner of Lands and Immigration... 800
Salary of Commissioner of Public Works ... ... 800
SCHEDULE B.
Retiring allowance on loss of office.
Boyle Travers Finniss, Colonial Secretary ... ... £425
Eichard Davies Hanson, Advocate-General ... 375
Eobert Eichard Torrens, Colonial Treasurer ... 325
Charles Bonney, Commissioner of Crown Lands ... 250
TJie Gonstitutional History of South Australia. 605
A71 Act to further amend " The Constitution Act."
[Reserved, Xovember ISth, 1881.]
Whereas it is expedient to further amend " The Constitution Act,"
by increasing' the number of the members of the Legislative Council of
the Province of South AustraHa to twenty-fonr, and by dividing the
said province into four electoral districts for the purpose of elections
for the said Council, having six members to represent each district,
and by providing a means of determining any differences between the
said Council and the House of Assembly, in respect of Bills twice
passed by the House of Assembly, and twice rejected by the said
Council — Be it therefore enacted by the Governor of the said province,
with the advice and consent of the Legislative Couacil and House of
Assembly of the said province, in this present Parhament assembled,
as follows :
1. This Act may be cited for all purposes as " The Constitution
Act Further Amendment Act, 1881."
2. This Act, so far as is consistent with the tenor thereof, shall be
construed as one with " The Constitution Act."
3. This Act shall come into operation from and after a day to be
fixed by the Governor by proclamation in the South Australian
Government Gazette.
4. Section 8 of " The Constitution Act," and section 3 of Act No.
27 of 1872, being "An Act to define the Electoral Districts for
the election of members to serve in the Parliament of South
Australia," are hereby repealed: Provided this repeal shall
not affect anything lawfully done under the authority thereof,
nor any rights acquired or liabilities incurred thereunder.
5. Except as hereinafter provided, the said province, for the
purpose of the election of members for the said Council, shall
be divided into the four electoral districts comprising the
several electoral divisions mentioned in the schedule hereto,
the names and boundaries of the said several electoral divisions
being specified in the first schedule of the said Act No. 27
of 1872.
6. The present members of the Legislative Council shall continue
members thereof, but subject to the provisions of this Act,
7. Immediately after this Act shall come into operation, six new
memVjers shall bo elected to represent the said province in the
Council by the whole province voting as one district. The
names of the newly-elected members shall be placed last on the
members' roll of the said Council, after the names of the
membei'S previously on the said roll, in the order following : —
The name of the member who at the election obtained the
least number of votes shall be placed first, the name of
the member who obtained the next least number of votes
606 The Constitutional Historrj of South Australia.
shall be placed second, and so on in rotation, the object
being that the name of the member who obtained a greater
number of votes shall be later on the said roll than the
name of the member who obtained a less niimber of votes. In
the event of equality of votes between all or any of the
members, the members obtaining equal votes shall determine
by lot the order in which their names shall be placed on the
said roll.
8. At the expiration of the several periods of three years, sis years,
and nine years, from the coming into operation of this Act, the
eight members whose names shall, at such respective periods,
appear first upon the said roll shall retire.
9. Two members shall be elected by each of the said four electoral
districts to fill up the vacancies created by the said periodical
retirement of eight members.
10. If any vacancy shall occur from death, resignation, or any
other cause, of any of the members who were elected by the
electors of the whole province voting as one district, before
the period for retirement of such members, tlie same shall be
supplied in manner following, that is to say— the first of such
vacancies shall be supplied by J;he return of a member for
district No. 1 ; the second, by the return of a member for
district No. 2 ; the third, by the return of a member for district
No. 3 ; the fourth, by the return of a member for district No.
4 ; the fifth, by the return of a member for district No. 1 ; and
so on in rotation .
11. If any vacancj- shall occur from death, resignation, or any
other cause, of any of the members who from time to time may
be elected for any of the said four electoral districts before the
period for the retirement of such members as aforesaid, the
same shall, from time to time, be supplied by the return of a
member for the district for which such member so causing
the vacancy was returned ; and the name of the newly-elected
member shall be placed last on the members' roll for such
district.
12. From and after the first election of members for the said dis-
tricts, a roll shall be kept, showing the names of the members
elected for the districts, and the names of the said districts,
and the names of the members shall be placed on the said roll
in the order of time in which they were elected ; or when two
or more members have been elected at the same time for a
district, the member who received the least number of votes
shall be placed first on the said roll, and the name of the
member who received the next lowest number of votes shall
be placed next, and so on in rotation ; and in the event of
The Constitutional History of South Australia. 607
equality of votes, such members shall determine by lot the
order in which their names shall be respectively placed on the
said roll.
13. Twelve years after the coming into operation of this Act, and
thereafter at the expiration of every three years, the two mem-
bers whose names are first on the roll for each of the said four
electoral districts shall retire, and two members shall be elected
by each of such districts.
14. It shall be lawful for the Governor from time to time to appoint
a returning officer for evh. of the said districts, and all writ%
for the election of any members of the said Council for any
electoral district shall be directed to the returning officer of
such district. Such returning officer shall, in respect of all
electoral matters within the district for which he is appointed,
have the same powers and authorities, and perform the same
duties, as are at present done and performed by the returning
officers for the said province. And whenever in the Electoral
Act, 1S79, powers are given to, or duties enforced upon the
returning officer of the province, the same powers and duties
. shall be taken to have been given to and enforced upon the
returning officer to be appointed for each disfcrint within the
boundaries of their respective districts. The Governor may
also appoint deputy returning officers for each district, and
such deputy retarning officers shall, within their respective
districts, perform the duties as required by tha Electoral Act,
1S79, as deputy returning officers for the said province.
1.5. From and after the election of the additional six members
authorised by this Act, the Legislative Council shall not be
competent to the dispatch of business unless there be ijresent,
including the President, or the person chosan to preside in his
absen;e, at least nine members of the said Council.
IG. Whenever any Bill for any Act shall have been passed by the
House of Assembly during any session of Parliament, and the
same Bill, or a similar Bill with substantially the same objects
and having the same title, shall have been passed by the
House of Assembly during the next ensuing Parliament, a
general election of the House of Assembly having taken place
between such two Parliaments, the second and third readings
of such Bill having been passed in the second instance by an
aVjsolute majority of the whole number of members of the said
House of Assembly, and both such Bills sliall have boon
rejected by or fail to become law in consequence of any
!uneudmont« made therein by the Legislative Council, it shall
be lawful for, but not obligatory upon, tiio Governor of
the said province, by proclaniation to be published in the
608 The Constitutional History of South Australia.
Government Gazette, to dissolve the Legislative Council and
House of Assembly, and thereupon all the members of both
Houses of Parliament shall vacate their seats, and members
shall be elected to supply the vacancies so created : or for the
Governor to issue writs for the election of one or not more
than two new members for each district of the Legislative
Council : Provided always that no vacancy, whether by death,
resignation, or any other cause, shall be filled up while the
total number of members shall be twenty-four or more.
17. In the event of the Council being dissolved, six members shall
be elected for each of the said districts, and the names of such
members shall be placed on the roll of members for the said
districts in the order provided for in section 12 of this Act,
and thereafter the several periodical retirements of members
referred to in sections S and 13 of this Aci shall date from
the day of their election.
I reserve this Act for the signification of the Queen's pleasure.
WM. F. DRUMMOND JERVOIS, Governor.
The Constitutional History of South Australia. 609
c.
[Extracted from the South Australian Government Gazette, March 26,
1857.]
Chief Secretary's Office, Adelaide, March 2.5, 1857.
The writs for the election of members to serve in the Parliament
being now returned, the following notice of tho names of members
declared by the several returning officers to be duly elected, is published
for general information : —
LEGISLATIVE COUNCIL.
The Honorable Thomas Shuldham O'Halloran
The Honorable J ohn Baker
The Honorable William Tounghusband
The Honorable John Morphett
The Honorable Edward Castres Gwynnc
The Honorable Anthony Forster
The Honorable Abraham Scott
The Honorable Edward Stirling
The Honorable William Scott
The Honorable James Hurtle Fisher
The Honorable George Hall
The Honorable Charles Harvey Bagot
The Honorable Henry Ayers
The Honorable Samuel Davenport
The Honorable Arthur Henry Freeling
The Honorable Charles Davies
The Honorable George Fife Angas
Tho Honorable Charles George Everard.
3!)
GIO The Constitutional History nf South Australia.
HOUSE OF ASSEMBLY.
•4^ <
O cc
Name of District.
Name of Members.
1
2
3
4
5
6
7
8
10
11
City of Adelaide
Port Adelaide...
West Torrens...
Yatala
'The Honorable Robert Richard Torrens
The Honorable Richard Davies Hanson
J Francis Stacker Dutton, Esq.
The Honorable Boyle Travers Finni.?s
John Benthain Neales, Esq.
^William Henville Burford, Esq.
( John Hart, E.sq.
I John Bristow Hughes, Esq.
f Luther Scammell, Esq.
(.James William Cole, Esq.
f John Harvey, Esq.
\ Charles Simeon Hare, Esq;
1 Arthur Blyth, Esq.
( Alexander Hay, E.?q.
f George Marsden Waterhouse, Esq.
i The Honorable Charles Bonney
f Thomas Reynolds, Esq.
1 John HaUett, Esq.
( Thomas Young, Esq.
( Henry Mildred, Esq.
f Friederich PJdward Heinrich Wulf Krichauff,
( John Dunn, Esq. [Esq.
( William Milne, Esq.
I William Bower Dawes, Esq.
f Benjamin Herschel Babbage, Esq.
( Arthur Fydell Lindsay, Esq.
( Walter Duffield, Esq.
(. Horace Dean, Esq.
David Wark, Esq.
J John Tuthill Bagot, Esq.
\ Carrington Smedley, Esq.
Robert Rowland Leake, Esq.
r George Stickland, Kingston, Esq.
•< Morris Marks, Esq.
(-Edward John Peake, Esq.
Marshall MacDermott, Esq.
Gumeracka
East Torrens....
TheSturt
Noarlunga
Mount Barker...
Onkaparinga....
Encounter Bay
Barossa. .'
13
14
1*1
The Murray
Light
Victoria
16
17
The Burra and
Clare
Flinders
B. T. FINNISS, Chief Secretary^
Biuden & Bonythou, Printers, ^dvcrti.ser Olfice, Adelaide.
'^11 Thd
\
\
UNIVERSITY OF CALIFORNIA LIBRARY
Los Angeles
This book is DUE on the last date stamped below.
Form L9-50jn-ll, '50 (2554) 444
JQ Finniss -
U9II The constitution-!
Flj.9o — a l history of
South Australia
during-
years
JQ
i;911
Fl;9o
Ai'^g*j'ar.
K.. >V