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 peral 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 anoth 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 1GSouth 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 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 . 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 anallot." 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 anSufirage 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,t proclamation of South Australia on December 28tli, 1tralia, 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 unpears 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 crr. 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 miri\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, anoint 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 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