SPEECHES
ON VARIOUS OCCASIONS CONNECTED WITH THE PUBLIC
AFFAIRS OF NEW SOUTH WALES
1848—1874
HENRY PARKES
WITH AN INTKODUCTION
By DAVID BLAIR
dbonxm
GEOBGE ROBERTSON, LITTLE COLLINS STREET WEST
Sydney 125 New Pitt Street
LONDON: LONGMANS, GREEN, AND CO
MDCCCLXXVI
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PKEFATOKY NOTE.
The substance of the speeches here collected has been
gathered from various sources, but chiefly from printed
reports in the local newspapers; the earlier ones from the
Empire, and most of the later ones from the Sydney Morn-
ing Herald. In two instances special reports were taken.
All the reports have undergone more or less of verbal
revision.
It is to be added that the introduction was written
without any co-operation with Mr. Parkes. It is an entirely
independent composition. As the volume was being printed
in Melbourne, Mr. Parkes requested me, as a friend, to see
the sheets through the Press, and to write an introduction.
On the ground of having had some personal acquaintance
with that gentleman five-and-twenty years ago, I complied
with this request; but of Mr. Parkes personally, or of
New South Wales politics, during aU that time, I knew
nothing directly. The introduction is based wholly on the
speeches.
D. B.
^£\A cicin
TABLE OF CONTENTS.
I. Elective Franchise —
Speech at Public Meeting in Sydney, Jan. 22nd 1849 ... 1
„ „ „ Sept. 1st 1857 ... 76
„ on Self-registration of Voters, in Legislative Assembly,
March 5th 1873 ... 370
II. Transportation Question—
Prefatory Note ... ... ... ... ... 3
Speech at Public Meeting in Sydney, June 11th 1849 ... 4
„ „ „ June 18th 1849 ... 5
„ „ „ Sept. 16th 1850 ... 7
„ „ „ April 3rd 1851 ... 9
„ „ „ April 6th 1852 ... 10
„ „ „ June 30th 1852 ... 14
III. Constitution Act—
Prefatory Note ... ... ... ... ... 17
Speech at Public Meeting in Sydney, Aug. 15th 1853 ... 18
„ „ „ Sept. 5th 1853 ... 25
IV. Election Speeches—
Election for Sydney, May 1st 1854 ... ... ... 38
V. Agriculture—
Speech in Legislative Council, July 3rd 1855 ... ... 43
VI. Taxation and Free Trade—
Prefatory Note... ... ... ... ... ... 49
Speech in Legislative Council, July 5th 1855 ... 60
„ „ „ July 25th 1855 51
„ on Ad Valorem Duties, in Legislative Assembly, Dec.
20th 1865 197
„ on Border Duties, at Albury, May 15th 1866 ... 202
„ at Public Dinner at Albury, May 15th 1866 ... 206
„ on Border Customs Duties, in Legislative Assembly,
June 19th 1872 ... ... ... ... 339
Speech on Policy of Protection, in Legislative Assembly, Oct.
29th 1873 384
VII. Eight- Hours Movement —
Speech at Meeting of Trades, at Sydney, Nov. 17th 1856 ... 70
VIII. Pacific Mail Koute—
Speech in Legislative Assembly, Aug. 6th 1858 ... ... 86
IX. Defence of the Colonies—
Speech in Legislative Assembly, Dec. 20th 1859 ... ... 97
„ „ „ in reply ... ... 109
iv Table of Contents.
X. State of Politics — page
SpeechatMeetingofE. Sydney Electors, Nov. 29th 1860 ... 112
„ at Meeting of Electors at Kiama, Aug. 10th 1865 ... 181
„ at Public Dinner at Mudgee, July 3rd 1866 ... 209
„ to Working Classes at Mudgee, Aug. 4th 1866 ... 212
„ in defence of Martin Government, in Legislative Assem-
bly, Jan. 10th 1868 ... 259
„ on Coalition of Sir James Martin and Mr. Kobertson,
at E. Sydney, Feb. 10th 1872 ... 324
XI. Land Question—
Speech on Price of Land, in Legislative Assembly, March 6th
1861 ... ... 136
XII. New South Wales as a Field for Emigration—
Speech in Town Hall, Derby, Oct. 7th 1861 ... .. 141
„ Town Hall, Birmingham, Oct. 22nd 1861 ... 148
„ Working Men's College, London, May 17th 1862 ... 154
XIII. Friendless Children —
Speech at Annual Meeting of Sydney Ragged School, July 1st
1863 ... ... ... 168
XIV. Eesponsible Government—
Speech at Public Dinner, at Braidwood, March 31st 1864 ... 171
„ „ at Kiama, Aug. 15th 1865 ... 191
„ on Evils of a Weak Government, in Legislative Assem-
bly, April 27th 1870 ... ... ... ... 305
,, on Eeform of Legislative Council, in Legislative Assem-
bly, Feb. 13th 1873 .351
XV. Public Education —
Speech on Public Schools Bill, in Legislative Assembly, Sept.
12th 1866 ... ... ... ... ... 217
„ on Administration of Public Schools Act, at Dundas,
Sept. 4th 1869 ... ... ... ... 276
„ on Progress of Education System, at Liverpool, June
4th 1871 316
„ on State of Public School System in 1873, at West
Maitland, Aug. 5th 1873 ... ... ... 374
XVI. Federation of the Colonies —
Speech at Melbourne, March 16th 1867 ... ... ... 252
XVII. Case of the Prisoner Gardiner—
Speech in the Legislative Assembly, June 3rd 1874 ... 404
A Chapter of History [Appendix A] ... ... ... 438
XVIII. Appointments to Magistracy —
Appendix B ... ... ... ... ... ... 460
XIX. Appointments to Civil Service—
Appendix C ... ... ... ... ... ... 462
INTRODUCTION.
The publication in Australia of a volume of speeches
delivered, for the most part, in the Legislature of an
Australian colony is an incident that marks the political
growth of these communities. It is the first contribution
of the kind made to our local literature, although single
speeches have been frequently printed for general circula-
tion. The single speech, however, seldom or never forms
an addition to the permanent literature of a country : it is
at best a fugitive pamphlet, designed to serve a special and
transient purpose. But the collected speeches of a states-
man who has also established his reputation as a public
orator are always a substantial and valuable contribution
to the materials for national history. Regarded in that
light alone, the present volume may claim the merit of
forming an excellent precedent which, it is to be hoped,
will lead in time to the publication of many similar
volumes. For there can be no reason why political oratory
should not be as sedulously cultivated, and held in as high
estimation, by the citizens of these young Australian
repubhcs as it was amongst the citizens of ancient Greece
and Rome, and as it still is in all civilised countries enjoying
the blessings of free" institutions. In merely literary value
it stands high amongst the agencies of civilisation. For
what factors would express the worth to the world's
heritage of intellectual wealth of the printed speeches of
Demosthenes and Cicero, of Burke, Grattan, and Canning ?
But a still higher value must be assigned to political oratory
considered as an agency of popular education. What tests
VI « Introduction.
and standards could measure, for example, the direct effect
in the diffusion of popular enlightenment on all the mani-
fold topics of national interest of the reported debates
in the British House of Commons? Or of the speeches,
whether delivered in Parliament or from the public plat-
form, of statesmen such as Mr. Gladstone or Mr. Bright ?
And, highest of all, the function of political oratory con-
sidered as the public exposition of the principles of
wise and just and liberal legislation, as the open defence
of the true principles of political freedom, and as the
fearless advocacy of all that aids in making a nation
prosperous and exalted — this function of an. intrinsically
noble art is of simply inestimable worth, not only to the com-
munity for whose benefit it is primarily exercised, but to man-
kind at large. Its influence for good in this respect is limit-
less and imperishable. "To do justice to that immortal
person" — said Grattan, in his own grand style, of Charles
James Fox — " you must not limit your view to his country.
His genius was not confined to England : it was seen 3000
miles off, in communicating freedom to the Americans ; it
was visible, I know not how far off, in ameliorating the
condition of the Indian ; it was discernible on the coast
of Africa, in accomplishing the abolition of the Slave Trade.
You are to measure the magnitude of his mind by parallels
of latitude."
The period has hardly yet arrived in the growth of the
Australian republics when due weight will be given to these
considerations. The sentiment of nationality has still to be
created amongst us. Or if there be some first faint stirrings
of any such sentiment, they are confined to a few individual
minds of superior stamp. There never, perhaps, was an
English " plantation" — to use the fine old Baconian phrase —
which, having a magnificent future before it, certain, and not
remote, possessed so dim a forecasting of that future. There
is probably less of those ennobling anticipations amongst us
than there was amongst the American colonists long prior to
Introduction. vii
their earliest movements towards independence. Nor, let it
be observed, is there in the language I am here using any-
intentional latent reference to the British connexion. The
future of the Australian colonies is now, in fact, quite
independent of their continued allegiance to the Crown of
England. They are separate, independent, and self-govern-
ing republics, to the full extent that they would be such
if their common connexion with Great Britain were entirely
severed. No such immediate and marvellous expansion in
population, trade, commerce, and general enterprise, would
result from the severance as followed upon the achievement
of independence in the American colonies. The simple truth
is that the British supremacy here — in so far as it affects the
internal development of the several colonies, the growth of
a sentiment of Australian nationality, or the republican
freedom and simplicity of our institutions — has ceased to
be anything more than nominal. The fact reflects glory
on the mother-country. When she gave us our freedom, she
gave it in amplest measure, and with no grudging hand.
May the silken bond that unites the venerated parent and
her children in the sunny South prove of asbestine strength
and durability! But, although an Australian Colonial
Governor keeps constantly a dutiful watch over the inte-
rests of the distant Power whose delegate he is, the change
to the colony he governs would be quite imperceptible
if, to-morrow, his patent of ofiice were to be exchanged
for that of first President of an independent Australian
Republic.
The absence of the sentiment of nationality, then, is in no
degree owing to the presence of the British connexion. It
is due, indeed, to far different causes — to the intensity with
which individual and purely local interests are regarded, to
lurking mutual jealousies amongst the various colonies, and
to the littleness of mind and narrowness of view which
these engender. A haunting conviction of this littleness
and narrowness makes itself felt in every department of our
viii Introduction.
social and political life. It pervades both the common con-
versation of the marts of business and the debates in the
Legislature. It shows itself alike in journalism, literature,
and politics. Allusions to such subjects as the federation of
the colonies, the creation of an Australian national senti-
ment, the splendid future awaiting these colonies, or the
desirableness of cultivating commercial relations with the
populations inhabiting the vast world lying to the north-
ward of our continent, usually evoke no worthier comment
than a derisive smile or a whispered remark of " talking to
Buncombe." For so far, the mind of the youthful Austral-
ian is stUl left wholly unoccupied by any feeling either of
traditionary or of anticipated national greatness.
It is the crowning quality of the speeches contained in the
present volume that they are each and all instinct with this
feeling in both relations. The speaker glories in being
an Englishman, and he equally glories in being an Austral-
ian colonist. Genuine home-born loyalty to the land of his
birth does not in the least dim his clear perception of the
grandeur of the destiny in store for the land of his adoption.
In this respect the speeches are not alone superior to, but
they hold a place apart from, those of any other Austral-
ian politician which I have ever read. There is in all of
them that underlying, instinctive sense of national greatness
which is so characteristic of the speeches of leading English
statesmen, notably of Mr. Gladstone. The immediate subject
under discussion may be of the very smallest importance, but
the elevating sentiment is always present. It may be the
Compound Householder, the Cattle Plague, the dues of the
River Weaver, or the Budget for the year : but always the
speaker is an English statesman.
The second leading quality of the speeches is the con-
sistent assertion of the genuine principles of republican
freedom. From the first speech to the last, alike in 1849 as
in 1874, the speaker clearly discerns and lucidly expounds
the right relations of the people to the free institutions they
Introduction. ix
now enjoy. What he claimed for them before those insti-
tutions came into existence, he vindicated and confirmed by
his action when he himself became a popular representative
and a responsible Minister of the Crown under the better
system. The beginnings of freedom in New South Wales
were not favourable to its vigorous growth. The people
required educating up to it^ and the course of their educa-
tion is legibly traced out in these speeches. Both courage
and ability were required to fulfil the self-imposed mission
of the teacher. The small and rigidly exclusive class that,
in the earlier days, had monopolised all the political power
and social privilege in the colony were indignant at the
bare idea of any man from among the people "coming
between the wind and their (sham) nobility." Their fixed
idea of the only political institutions suitable for the mass
of their fellow-colonists was what, in one of the speeches, is
caustically but truthfully described as a " Norfolk-Island
Government." The Constitution, as they originally framed
it, was merely an elaborate machinery for perpetuating the
odious monopoly which they held. They dreaded the people
and distrusted their capacity for political freedom. A truer,
higher, manlier sentiment — " an ampler ether, a diviner air"
—breathes through these speeches. The "Norfolk-Island
Government" conception is here witheringly exposed and
scornfully rejected. Time and the progress of events have
abundantly confirmed the correctness, as well as the innate
nobleness, of the views herein enforced. Nothing less than
the unconditional simplicity of republican equality would
have stood for a single month in a community where all
men are of the same political fank. But nevertheless it was
a hard and strenuous fight for liberty. The leaders in the
struggle had to endure much opposition and persecution
of a meanly unworthy kind. The old monopolist class-
many of them men destitute alike of good birth, breeding,
and intellectual culture — were loud in their parrot-cries of
" demagogue," " socialist," "revolutionist," and similar cant
X Introduction.
phrases. The class has passed away, and the cant phrases
have dropped out of use ; but the enduring victory remains
with the faithful friends of popular freedom and social
justice. As a record of the main points in the bygone
struggle, these speeches may claim to have lasting import-
ance for the people of New South Wales. As a sustained
pleading for freedom, they should be held by the colonists
invaluable. " The speeches of great orators," says Lieber,
" are a fund of wealth for a free people, from whidi the
schoolboy begins to draw when he declaims from his Reader,
and which enriches, elevates, and nourishes the souls of the
old."
The distinctive quality of statesmanship becomes evident
in such speeches as those on Taxation and Free-trade, on
the Federation of the Colonies, and especially on Public
Education. Measures of this high class embody principles
of Political Economy and of Civil Government which, like
the axioms of geometry, are of permanent and universal
application. A clear apprehension of such principles does
not, of itself, demand the statesman's faculty; but that
faculty is certainly required for their practical application
under given conditions of place, time, and social circum-
stance. The highest and most diflScult function of Legisla-
tion lies, not in the large and comprehensive grasp of prin-
ciples, but in the wise discernment of needful limitations.
This truth is beautifully wrought-out in one of Tennyson's
earlier poems, unnamed, but evidently addressed to some
rising young statesman amongst the Laureate's friends,
whom he counsels to " watch what main-currents draw the
years" —
*' Not clinging to some ancient saw ;
Not mastered by some modern term ;
Not swift nor slow to change, but firm ;
And in its season bring the Law."
The familiar stanzas of this finely thoughtful poem were
frequently suggested by the perusal of the present volume.
Introduction. xi
The speeches on Taxation and Free-trade in 1855 exhibit
a most careful and conscientious study of the writings
of John Stuart Mill, and of recent Parliamentary deli-
verances from leading English statesmen — certainly the
very best text-books that a colonial legislator could
have chosen for the purpose of forming his own code
of principles in relation to Taxation and Public Finance.
For several years subsequently those principles were set
aside* and a system of ad valorem duties was imposed by
Ministries to which Mr. Parkes was hostile; and on his
assumption of office, in 1873, one of the first acts of his
Government was to repeal the duties, and to simplify the
tariff as nearly to the limits of free-trade as existing circum-
stances would permit. This is an example of true states-
manship. There is, first, the comprehensive grasp of sound
principles, gained by patient study, and next there is the
prompt embodiment of the same principles in practical
legislation when the opportunity arrives. Such sustained
consistency of public conduct is, unhappily, not frequently
displayed by Australian politicians. The temptation of
winning a brief and uncertain term of office is quite suffi-
cient, in most cases, to induce an open recantation of the
avowed principles and cherished convictions of a lifetime.
On the cardinal question of the Federal Union of these
colonies the right key-note is struck in the speech delivered
in Melbourne in 1867. But the Australian politician who
holds the views set forth in that speech is in advance of his
age by at least a generation. Even upon the incidental
subject of Border Customs Duties, it is still found impos-
sible to induce neighbouring colonies to come to a mutual
understanding based on a common interest. In practice,
the present state of things is exactly what would exist in
England if every two counties separated by a river had
different tariffs ; and, in fact, the boundary between neigh-
bouring colonies is sometimes not any definite natural feature
xii Introduction.
at all, but only an imaginary line. Federation, an Australian
Zollverein, and the abolition of all the practical absurdities
involved in jarring tariffs, will only become possible for us
when our local statesmen shall all be imbued with that
spirit of generous local patriotism, combined with those
sound views upon political economy and the enlarged
sentiment of Australian nationality, which are the pervading
characteristics of these speeches.
But it is as the author of the system of Public Education
now firmly established, and working so beneficially, in New
South Wales, that the author of the speeches makes good
his claim to be ranked high on the roll of Australian states-
men. A nobler monument for himself and heritage for his
country could not be bequeathed to posterity by any man.
On this question, also, a striking example was given of
sustained consistency. From the outset of his public career
— as these speeches testify — Mr. Parkes had clearly before
his mind the paramount necessity of a broadly popular and
thoroughly liberal scheme of Education. Upon every fitting
occasion he gave expression to this conviction ; and almost
his first act upon gaining office was the framing and carrying
of the Public Schools Bill. So far as I am aware, the speech
delivered on the second reading of that Bill has not been
excelled by any Parliamentary deliverance on the same great
question, either in this or the mother-country, for compre-
hensive grasp of principles, lucidness of detail, and adaptation
to the special circumstances of time and place. It is at once
exhaustive and unanswerable. It forms a manual of the
question to which, on all future occasions when discussions
arise either on the principles or the details of the Act of 1866,
ultimate reference will be made. And, without repeating
any of the well-worn truisms on this subject, a word of warm
congratulation must here be given to those Australian
statesmen who, in the various colonies, have fulfilled the
highest of all their duties to their fellow-citizens by pro-
Introduction. xiii
viding them freely with ample and efficient means of ele-
mentary education. To " make knowledge circle with the
winds," as the Laureate counsels, is in a democratic
community the truest conservatism. For, an ignorant
democracy is self-destructive; and it surely is the first
duty of every State — as Paley defines it to be of every
Government — to make provision for its own preservation.
Nor even upon this open field of public advantage was
success won without a hard and prolonged struggle. The
opposing foe of the friends of enlightenment was, not
popular ignorance, but Sectarianism. To wrest the sacred
function of public education from the iron grasp of Secta-
rianism was an achievement of itself sufficient to found
a lasting reputation for any Australian statesman. It is
a fact of the largest significance and the brightest promise,
that the legal recognition of Sectarianism is now erased
from the Statute-book of every one of the colonies. The
religious freedom of the citizens is thus made commensurate
with their civil liberty. It may be hoped that the bene-
ficent operation of our systems of free and universal educa-
tion upon the young Australians will, in the course of a
generation or two, completely extinguish in their minds
even the traditionary recollections of sectarian hatred.
The absence of any speeches on the Land Question strikes
me as a peculiarity in the volume. Mr. Parkes, no doubt,
has had his full share in the successive struggles that have
taken place in New South Wales for the institution of a
liberal Land system ; and the omission mentioned may be
solely due to the fact that Land-question speeches are never
very readable, however important they may be when
delivered. But the omission is the more marked for me,
because that, in Victoria, the Land question is the key to all
the political discussions. Parliamentary embroilments, and
IVIinisterial changes, that have taken place since free insti-
tutions were first established. The history of the Land
xiv Introduction.
question, largely written, would really be the entire political
history of the colony from its foundation. To gain pos-
session of the territory has been the inflexible purpose of one
powerful party from the first. That purpose has always domi-
nated, and still dominates, every political movement and
every legislative measure. Up till the present moment, the
one question that ultimately determines both the personal
composition and the tenure of existence of any Victorian
Ministry is its attitude in relation to the Land question.
If this be not so in New South Wales — as the absence of
any speeches in this volume on the one supreme topic would
imply — then is that colony in a much sounder condition
politically than her neighbour Victoria.
There are in the volume two speeches in which the
personal element is unusually conspicuous. These are the
speech on the coalition of Sir James Martin and Mr.
John Robertson, and Mr. Parkes's defence of his conduct
in the case of the prisoner Gardiner. Now, in deliverances
of this character, the point to be specially noted is the
serious impeachment conveyed against other persons. A
politician cannot successfully defend himself from grave
accusations of inconsistency, amounting to a deliberate
violation of all honour and principle, without sheeting
home to his accusers charges equally grave. In the
two instances in question this retributive action of plain
truth seems to me to be exhibited with really crushing
efiect. Accepting the facts as they are set forth in the
speeches, what does an impartial reader of them find ? He
finds that Sir James Martin and Mr. John Robertson, having
been for twelve years flatly opposed to each other on
every cardinal point in politics, and having carried this
opposition to the extreme length of declared personal
dislike, suddenly join together to form a Cabinet. Upon
what grounds ? From what motives ? For what ends ?
Certainly upon grounds that include the recantation by
Introduction. xv
both of all the political principles they had ever avowed.
It was a virtual declaration that never for a moment
had either of them been sincere in his professions, in his
speeches, or even in his votes. For if up till the time of their
coalition they had never had any, even the least, common
ground of action as politicians, what common ground could
they find or frame to render such coalition possible ? There
is none conceivable in the case but that of mutual apostasy;
and such apostasy must have been a foregone purpose with
both. The opportunity for consummating it alone was want-
ing, and it came at length. Well might Mr. Parkes challenge
any person to find an analogous instance in recent English
political history; and he was thoroughly justified in speak-
ing of the "infamy " of the combination. Coalitions in English
history there have been, but they were grounded on compro-
mises that fell far short of wholesale abandonment of all
principles and summary sacrifices of all political honour and
honesty. One conspicuous instance of a hurried and unhappy
combination between two open political enemies stands
recorded in the parliamentary history of the last century.
It was that between Lord North and Fox ; and it is immor-
talised in the famous epigram which tells how the Premier
of George the Third's early days, having exhausted his
vocabulary of abusive terms on his remorseless enemy —
"In spite of his real or fancied alarms,
Took the 'fool' to his councils, the 'beast' to his arms."
But shameless political profligacy of this character has long
been impossible in English politics. There are, unhappily,
too many indications that it is becoming the rule rather
than the exception in Australian politics.
The case relating to the prisoner Gardiner is of a still
darker complexion. Here was a case in which certain
leading politicians used all their influence as private citizens
to induce the Governor to exercise the prerogative of pardon
in the summary release of a notorious malefactor, and sub-
xvi Introduction.
sequently fomented a popular outcry against both the
Governor and his chief adviser for the serious crime of
having acted upon their own recommendation ! A movement
grounded on so glaring an act of injustice could only be sus-
tained by persistent falsehood. It was alleged, for instance,
that the Chief Secretary had advised the Governor to release
Gardiner — an allegation which the official documents show
to be wholly without foundation. The Chief Secretary was
condemned for releasing Gardiner, when in fact he had not
alone not done so, but had even refused to put his name
to a petition for the man's release. The Governor was
accused of complying with the prayer of a memorial signed
by the very men who condemned him, when in fact he had
postponed compliance, and had only registered a conditional
promise, which he felt himself bound as a gentleman
to fulfil. Further, the conditional promise was fulfilled
three years after the presentation of the memorial that
prayed for a summary release. There is something abso-
lutely incredible in the inversion of all truth, honesty, and
fair dealing, that marks this memorable case throughout
Yet the political ruse was, for the time, successful — just as
Wrong, and Falsehood, and Injustice have been successful
many a time before.
The two cases, nevertheless, are terrible impeachments
and the printing of the present volume consigns them to the
perpetual keeping of History.
Mr. Parkes's oratory is of the same stamp as the late Richard
Cobden's — "unadorned eloquence," as Sir Robert Peel charac-
terised it. Yet there are not wanting passages which show
that the speaker might have risen, had he chosen, to much
loftier heights than he essayed. He eschewed rhetoric, how-
ever, for plain, straightforward, business-like speaking. Of
this kind of Parliamentary oratory some of the speeches are
true models ; and it may be safely asserted that no other
model will ever be followed by leading Australian politicians.
Introduction. xvll
Taken as a whole, they are the utterances of a public man
who has reahsed to himself with singular vividness the
present duties and future destinies of Australian colonists,
and of one who forecasts, with the Laureate, that —
" A slow-developed strength awaits
Completion in a painful school ;
Phantoms of other forms of rule,
New Majesties of mighty States."
D. B.
Melbourne, February 10th, 1876.
SPEECHES.
THE ELECTIYE FRANCHISE.
SPEECH
DeUvered at a public meeting of the citizens of Sydney, convened for
the purpose of petitioning the Queen and Parliament for an exten-
sion of the Elective Franchise, January 22nd, 1849.*
Mr Parkes said he had been requested to second the resolu-
tion which had just been moved, asserting the right of uni-
versal suffrage. It was thought advisable to lay down this
broad principle, though it was not intended in their petitions
to ask for more than political equality with the people of
England. To universal suffrage they must come at last ; any
measure short of that would be defective, and would fail
to satisfy the public mind. The Anglo-Saxon communities
of America had obtained this full measure of liberty ; and
what other people grew so rapidly and securely in national
prosperity? The time would come, more quickly than some
dark prophets could foresee, when it would be in the posses-
sion of the Australian people. Those who were opposed to
universal suffrage directed their attention to France and other
Continental nations, and said that there it caused the hands of the
*At this time the elective franchise in the colony was, by the Act 6
Vic. 76, confined to £20 householders, and freeholders possessing estates
worth £200. But a bill to confer a new and extended Constitution on the
colony was then in contemplation by the British Government. The petitions
to the Imperial Parliament, adopted at the meeting of Jan. 22, 1849, in
favour of a reduction of the qualification, were transmitted by Mr. Parkes,
the one for presentation to the Lords, to Lord Monteagle ; and the other
for presentation to the Commons, to the late W. Scholefield, Esq. In due
course they were presented, and while the new bill was under consideration
in the House of Lords, an amendment was moved by Lord Lyttelton, and
adopted by the Secretary of State (Earl Grey), who had charge of the
measure, reducing the qualification to £10 household, and £100 freehold.
B
2 Speeches.
people to be imbrued with blood. It might be so ; but if the
people had been sooner enfranchised, they would not have abused
a power which they already had learnt to use. It was even
within the range of probability that Louis Philippe might still have
been upon the throne of France if the people had sooner received
the concession of universal suffrage. By the exercise of their
rights the people would have become enlightened, and might have
enforced by moral means such reforms as would have saved the
Government from disruption. They need only look at their own
country to find reasons for a more extended suffrage. Who had
returned the best men to the Legislative Council 1 Were not the
best men returned where the franchise was most popularly exer-
cised, where the force* of public opinion could be brought to bear
most effectually on the election? Sydney had returned Messrs.
Wentworth and Lowe, who were both of them men of superior
education and ability, while the worst men were sent in by the
remote country constituencies. The present meeting had been
opposed by some persons on the ground that before political
rights were granted to the people, the people should be educated.
But who was to educate them 1 — the present legislators 1 With
the exception of three or four members, the whole body of their
present Legislature ridiculed all sympathy with the popular feeling.
Were they the men to provide the means of education for the
people ? They must not expect it. Place political power in
the hands of the people, and the people would see to their own
interests.*
* One of the resolutions of this meeting was moved by the Right Hon.
Robert Lowe, late Chancellor of the Exchequer, who was then one of the
members for Sydney.
THE TRANSPORTATION QUESTION.
[In the latter part of 1848 the English Government proposed
the resumption of transportation, in a modified form, to the
Australian colonies. The proposal was communicated by a
dispatch from Earl Grey, dated the 8th September, and created
immediately a perfect storm of dissatisfaction and indignant feel-
ing. An agitation sprung up in New South Wales in the follow-
ing year, which continued with increasing vitality through 1850,
culminating in the formation of a League of all the colonies
against what was regarded as a common calamity. Mr. Parkes
took an active part throughout this agitation, writing in the
papers and speaking at public meetings, until the cause was com-
pletely triumphant by the final revocation in 1852 of the Order-in-
Council which made the colonies places to which British convicts
might be transported. The first convict vessel that arrived in
Port Jackson under the new system (for the Secretary of State
did not wait to see how his proposal would be received in the
colonies) was the " Hashmey," which came in June 8th, 1849,
on which day two ships, with immigrants, entered the Heads from
England. On the following day three other immigrant ships
arrived, so that the convicts lay at anchor amidst 1400 to 1500
newly-arrived immigrants. These circumstances gave intensity to
the feeling of resentment which agitated the popular mind.
Three days after the arrival of the " Hashmey" an open-air meet-
ing of the citizens of Sydney was held near the Circular Quay,
under the presidency of the late Mr. Robert Campbell, which was
long talked of as " The Great Protest Meeting." The " protest"
which was adopted by this great gathering was written by Mr.
Parkes. It was moved by the late Mr. John Lamb, and seconded
by Mr. Lowe (now the Right Honourable Robert Lowe). A second
great meeting was held on the same spot seven days afterwards ;
other similar demonstrations followed in Sydney and in most of
the country towns. The following is a copy of the protest : —
We, the free and loyal subjects of Her Most Gracious Majesty, inhabitants
of the city of Sydney and its immediate neighbourhood, in public meeting
assembled, do hereby enter our most deliberate and solemn protest against
the transportation of British criminals to the colony of New South Wales.
b2
4 Speeches.
Firstly. — Because it is in violation of the will of the majority of the colonists,
as is clearly evidenced by their expressed opinions on the question at all
times.
Secondly. — Because numbers among us have emigrated on the faith of the
British Government, that transportation to this colony had ceased for
ever.
Thirdly.— Because it is incompatible with our existence as a free colony,
desiring self-government, to be made the receptacle of another country's
felons.
Fourthly, — Because it is in the highest degree unjust to sacrifice the great
social and political interests of the colony at large to the pecuniary profit
of a fraction of its inhabitants.
Fifthly.— Because, being firmly and devoutly attached to the British Crown,
we greatly fear that the perpetration of so stupendous an act of injustice
by Her Majesty's Government will go far towards alienating the affections
of the people of this colony from the mother country.
For these and for many kindred reasons — in the exercise of our duty to our
country, for the love of our families, in the strength of our loyalty to
Great Britain, and from the depth of our reverence for Almighty God — we
protest against the landing again of British convicts on these shores.]
SUBSTANCE OF SPEECH
At the Great Protest Meeting, June 11, 1849, on seconding the following
resolution — " That it is the urgent request of this meeting that the
Local Government do send the prisoners arrived in the ' Hashmey ' im-
mediately back to England, if necessary at the expense of the colony."
Mr. Parkes said : After the speeches they had already heard
it would be unwise in him to detain them, save for one word on
behalf of a class to whom as yet no allusion had been made, but
who were most unjustly dealt with in this matter. Let him ask
that meeting did the fourteen hundred emigrants now afloat on
the waters of Port Jackson suspect when they left Great Britain
that they would find a convict ship in the midst of the vessels
that brought them hither 1 Would they, had they dreamt of
such a thing, have sacrificed all home ties and volunteered to
degrade themselves 1 In the colony the whole question had been
discussed over and over again, but these emigrants when they
embarked could know nothing of the injustice to which they were
about to be subjected. To place the situation of these people in
a true light, let them suppose the Immigration Agent to go on
board the ships, and after congratulating the passengers on their safe
arrival in health and comfort, tell them how much they had for
which to be grateful — let them suppose him to exhort the young
men to emulate these convict labourers in the race of industry in
their new home, and to assure the young women that the Home
Transportation Question. 5
Government had not only provided for them a free passage to this
land flowing with milk and honey, but had been so exceedingly
paternal in their consideration of them as to send out a ship-load
of convicts to be their future husbands. He could but express his
deep feeling of indignation at the deception that had been practised
on these unsuspecting strangers and the insult that had been
offered to the community at large, and the only remedy he could
see- the only course consistent with justice to the colonists— was
that the convict ship and cargo should be sent back as the resolu-
tion proposed. It was necessary to express our willingness to
be at the expense of sending these prisoners back, to evince our
abhorrence of the importation.
SUBSTANCE OF SPEECH
At a meeting of the citizens of Sydney held at the Circular Quay,
June 18, 1849.
[The following resolution was moved by Mr. Archibald Michie
— " That it is indispensable to the well-being of the colony, and to
the satisfactory conduct of its affairs, that its Government should
no longer be administered by the remote, ill-informed, and irre-
sponsible Colonial Office, but by Ministers chosen from and respon-
sible to the colonists themselves, in accordance with the principles
of the British Constitution."]
Mr. Parkes seconded the resolution. They had met on that spot
a week ago to raise their voice against a grievous act of injustice,
with the very heavens weeping for their calamity ; they were
assembled there again to assert the spirit of British freemen, in
demanding those rights to which they were entitled by birth, and
the same Australian heavens smiled and rejoiced. He did not
suppose there was a man in the country so careless of his repute
for common sense and independence, as to express his disagree-
ment with that resolution. It was not in the nature of things
that a Minister, placed as far distant from us as this earth could
place him — even if he devoted an entire life to the study of our
history and condition, our geographical relations, our social pro-
gress, our political wants, and our natural capabilities — could do
administrative justice to this colony ; still less that a nobleman
who never bestowed a thought on New South Wales in his life, till
6 Speeches.
some political chance or accident gave liim his ministerial position,
should be qualified to govern us. We wanted men practically
acquainted with every impulse, effort, transition, and phase of our
existence as a people. To show the enormous amount of ignorance
concerning New South Wales which prevailed among men of the
highest education and possessing the best means of information,
he would mention one or two instances. One of our favourite
modern poets, the author of the Pleasures of Hope, in that cele-
brated poem speaks of the extensive islands of Sydney Cove. We
were assembled on its shores. Could anyone see
Where the long isles of Sydney Cove extend ?
And the poet Southey — a man of most varied and extensive infor-
mation — represents Botany Bay prisoners as going to their huts
after nightfall, trembling at every step lest they should be
devoured by wild beasts. Within the last year or two he had seen
it put forth in English papers, as an important announcement,
that regular communication was likely to be established between
Sydney and New Zealand ! If such was the state of British
ignorance with men who spent their lives in acquiring knowledge,
it was not surprising that Ministers who often were raised to
power or precipitated from office by the accumulative force
of a series of accidents, should prove incapable of governing the
distant colonies of England. And was it right that such a state
of things should continue % No ; we had a perfect right, and it
was our duty, to demand a change — to adopt every legal and
constitutional means to effect it. We sought not to do this from
disaffection or disloyalty, but in the spirit of the truest and best of
all loyalty. We had been charged with rebelliousness and dis-
affection ; but where was the foundation for such charges 1 We
were all warmly and sincerely attached to the institutions of the
mother country. He would yield to no man in feelings of loyalty
to the British Crown ; but his loyalty did not teach him to shut
his eyes to the faults of Government ; it rather constrained him —
and the stronger it grew the more it constrained him — to seek a
reform of public abuses, that the Government might be established
firmly and permanently in the affections of a free people. Certain
weak gentlemen told us that we had brought about a " reign 5rf
terror." Where was it to be seen 1 The alarm was all moonshine.
There was not a sane man in the community who could believe
there was anything like intimidation exercised. He denied the
Transportation Question. 7
statement. He did not agree with the allusions which had been
made to America. He did not see what good would come from such
allusions. We were not at a state of advancement to be benefited
by separation from the mother country, even if we had cause to
desire separation. As a community we possessed little of the stern
and sturdy spirit of the old American colonists. If oppressive
duties were levied on our imports, he did not think our Sydney
merchants would passively resist by entering into a non-importa-
tion compact. If our Crown lawyers were called upon to enforce
obnoxious laws, he feared none would be found like the young
and lofty-spirited George Otis, to resign office and join cause with
the people. And he was afraid it would be long before many men
would be found on the benches of our senate house like the earnest
and impassioned Patrick Henry. It would be wise and well to
cherish a feeling of true loyalty towards Great Britain. But that
was no reason why we should not peaceably and constitutionally
contend for our rights — no reason why we should not insist upon
being entrusted with the management of our own affairs.
SUBSTANCE OF SPEECH
At a meeting oi the citizens of Sydney held in the Barrack Square,*
Sept. 16, 1850.
[Mr. T. S. Mort moved — " That with a view to ensure the united
exertion of every individual in this colony interested in this great
question, an association be now formed under the designation of
' The New South Wales Association for preventing the Revival
of Transportation.' And that such an association be not dis-
solved until the Transportation Question be satisfactorily and
finally determined. That the gentlemen who have convened the
present meeting be the first committee for managing the associa-
tion, with power to add to their number, and that an annual con-
tribution of one shilling be sufficient to constitute a member of the
association."]
Mr. Parkes supported the resolution. At that late hour of the day
it would be more becoming in him to give place to the gentlemen who
in the order of the business had to follow him ; but he would beg
*This meeting was held where Wynyard Square is now laid out, and was
attended by 8000 or 10,000 persons.
8 Speeches.
to say a few words in support of the resolution. The mover and
seconder, in their able arguments on the transportation question,
had forgotten the more immediate consideration of the proposition
now before the meeting — that a popular association be formed to
oppose the renewal of transportation. This resolution certainly-
opened up a wide field for remark, if time permitted. The prin-
ciple of association for the achievement of great objects was now
universally acted upon by the British people ; union of public
efforts was one of the most remarkable effects produced by the
progress of enlightenment. It was a new and noble feature in the
national character of modern Englishmen. At the close of the
last disastrous war, the English people, as they settled down into
rational feeling again, began to consider for what good they had
been contending and overburdening their country with taxes.
They looked into the political condition of the country, and a
demand for parliamentary reform was at once enkindled. Year
by year this spirit grew stronger and stronger, till at last
it embodied itself in the form of popular associations. The
Political Unions were organised, and the great Reform Bill
became the law of the land as a consequence. Thus a revo-
lution was brought about, greater and more glorious in its
benefits than was ever effected before by the people of any
State in their internal policy, without the desolation of any man's
home, or the shedding of a single drop of blood. From the pass-
ing of the Reform Bill to the present time, every great public
movement had been prosecuted by the English people by the
means of such peaceful and lawful associations as was contem-
plated in the present resolution. He must allude to one other
signal triumph of this unity of purpose in the people — the
abolition of slavery in our West Indian possessions. It was by
the union of the people that that great glory had been added to
the diadem of England — the emancipation of her slaves. The
struggle they were now engaged in was of the first importance,
and demanded the most vigorous co-operation". The men they had
to contend against were equally as unprincipled and unscrupulous
as the former slaveholders of the West Indies. As far as they
could ascertain men's motives by the exercise of reason, the
motives of the great employers now clamouring for convict
labour were precisely the motives of the slaveholders. It was
said that they were anxious to assist the Government in a wise
Transportation Question. 9
solution of that great problem — the proper disposal of England's
criminals so as to protect society, and at the same time to correct
its offenders. But he did not believe that such considerations
entered into the philosophy of the squatters of New South Wales.
It mattered not to them how men fell into their hands, so that
they were completely subservient to the master's will, so that
they were in reality his slaves. The people of the colony must
therefore unite to ward off the threatened infamy and degradation.
He cordially supported the resolution.
SPEECH
At the Anti- Transportation Conference Banquet held in Sydney, April 3rd,
1851, in acknowledgment of the toast, "The Ladies of Australasia,
and particularly those who signed the Anti-Transportation Petitions."
Mr. Parkes said he considered it a heavy misfortune that the
honourable member for Durham*" was not in their ranks that
night ; for who could respond so happily and well to the toast
which had just been proposed by their worthy friend, and which
had been drunk by them all with such unbounded and becoming
enthusiasm 1 It was not till a late hour that afternoon that he
became aware of the distinction which had been conferred on him ;
and he confessed that when he first saw his name affixed as respon-
dent to that important toast, he felt almost startled from his
propriety. His first feeling was, how should he escape 1 Under
what enchantment had his friends made so singular a selection as
to choose him for that pleasing duty 1 Why had he been singled out
to return thanks for the ladies of that great colony on an occasion
like the present ? For what reason had the duty been allotted to
him, a plain and plodding citizen, who was an utter stranger to
those gaieties and splendours in which it was supposed that woman
had her world, the very honeymoon of whose life was far away
behind in the dim vista of the past 1 But when, in a little, he
recollected that he had had the honour to originate a petition
against transportation which was signed by 12,000 of the daughters,
wives, and mothers of that noble city, including the second
* The late Sir Stuart Alexander Donaldson.
lo speeches.
highest lady in the land, he thought he could understand the
kindness which had operated with their friends in setting apart
for him the present distinction. With that feeling he accepted
the honourable duty with all his heart; and he pined at that
moment for some power of eloquence, some word of electric
might and influence, to speak out the fervour of his admiration
and the depth of his reverence for the lofty and angelic character
of a virtuous woman. The greatest poets, the purest patriots, the
noblest Christians, had ascribed their brilliant successes in life,
all the more valuable and enduring of their enjoyments, to the
teachings and influence of pure-hearted and exemplary mothers.
Let Australia once become a land of virtuous and Christian-
minded mothers, and it would be a land of patriots and heroes.
But how would the advocates of transportation bring about this
happy and glorious condition of society 1 Would it be by sur-
rounding the female portion of their kindred by systems of industry
and of commerce based on the very element of crime? He trusted
a time would soon arrive when no man would dare to raise his
voice to advocate transportation in the presence of a daughter of
Australia. On behalf of the ladies of Australasia, he begged
very sincerely to thank that meeting — as a father, as a husband,
as a citizen, he tendered his thanks — for the enthusiastic manner
in which the toast had been received.
SPEECH
Delivered at a meeting of the citizens of Sydney convened by the Austral-
asian Anti-Transportation League in Malcolm's Circus, April 6, 1852,
*' To take into consideration Earl Grey's determination to continue
transportation to Van Diemen's Land."
Mr. Parkes said it was a great advantage for any man having to
speak toward the close of the proceedings on an occasion like the
present, that he had the old staple of all bad speakers to fall back
upon — the many excellent speeches already delivered. And cer-
tainly few in such a situation could compliment previous speakers
with more truth than he might. But that was no time for com-
pliments ; it was one of those occasions which oug-ht to make the
plainest and the most ungifted men find some sort of utterance for
Transportation Question. 1 1
their indignant feelings. After all the pain and toil of the pro-
tracted agitation of this question — after an agitation, conducted
with the fullest enquiry and the deepest earnestness, which had
stirred the heart of the country to its very core — after these
communities, having been polled almost to a man, had declared
with one voice against receiving English criminals as an evil
which all believed was in the highest degree disastrous to
their moral and social interests — a canker eating into their
very souls, — after all this, they were forced back to its re-
newed agitation by the perverseness of one obstinate man who
happened to hold a seat in the British Government. He agreed
with previous speakers that the time for deliberation and argu-
ment was past. Why, they had deliberated for years — they had
exhausted all arguments. The matter now resolved itself into a
simple question of natural right, and they had only to consider
how best to vindicate that right. No man or body of men could
have a right to force upon a community a thing from without
which they unanimously refused to receive ; which they abhorred
and believed would be ruinous to them. Argument and discussion
had been of no service to them ; their remonstrances and petitions
had fallen upon deaf ears. They had done all in this way which
men could do, and they could pursue this course no longer. It was
a singular and striking feature of this agitation that a very large
amount of talent had been exhibited in it. The last debate in the
Legislative Council the year before last was one so ably sustained
that it would have done honour to the British Parliament. Their
petitions from all parts of the country had been able and argu-
mentative documents, and such was their unanimity of sentiment,
that when the question was last under discussion in this colony
the numbers were 36,000 against, and only 500 in favour of the
system. But in the face of all this — notwithstanding their
repeated protests and petitions — notwithstanding the intelli-
gence which they had brought to bear in the discussion of
the question, and their unanimity in the decision which they
had arrived at — the tyrannical Minister persisted in thrusting upon
them the evil which they were determined not to receive. Well,
then, what was to be done ? As a free people, as men, they could
not retreat from their position, they could no longer go through
the farce of remonstrating against an injustice which was per-
severed in with an utter disregard of their wishes and their
1 2 Speeches.
interests ; they must do something else. He was well pleased to
hear their president, Mr. Cowper, talk of fighting. Knowing the
mild, affable, and benignant character of that gentleman, he was
at jSrst half-afraid that he was hardly stern enough for the duties
which he might be called upon to perform in his mission to Yan
Diemen's Land. They had been told that night of the serious
consequences which might ensue. Now, he had no desire to bring
before them rebellious examples, or he might most properly point
to the example of the American colonists : for in the progress of
events which led to the loss of those colonies, there was a remark-
able analogy between some stages and their own case. He would
pass over this, because he believed the meeting did not need to be
reminded of the glorious and successful struggle of men who were
treated with contumely and oppressed in a manner similar to
themselves. There was, however, a suggestive passage in a speech
of one of those early patriots which he would with their per-
mission repeat to the meeting. When young Patrick Henry, in
the General Assembly of Virginia, was moving his resolutions in
reference to the odious Stamp Act, he exclaimed, " Caesar had his
Brutus, Charles the First his Cromwell, and George the Third
— " " Treason !" cried the Speaker. The young patriot, standing
up more proudly than ever, and fixing his eyes on the alarmed
Speaker, concluded the sentence — " George the Third may profit
by their example ; if that be treason, make the most of it !" He
would point to the successful resistance of the American colonists,
and in the name of that meeting tell the British Government to
profit by that example. He had no treason to promulgate ; on
the contrary, the man did not breathe whose heart beat
with a truer loyalty to the gracious and glorious lady who pre-
sides over the destinies of the British Empire. But as was said
by their chairman, there was a higher loyalty than that to any
earthly monarch — our loyalty to our own nature and to the all-
wise God, who has planted in us pure and holy sentiments, and
warmed our being with the love of justice and truth. To fall away
from this loyalty would be to debase ourselves before our Creator— to
deface the divine impress of humanity which had been printed on
our hearts. They must go right onward in their course. There
could be no mistake in the matter. If Earl Grey had indeed been
deceived and misled, the last elections throughout the colonies
would surely undeceive him. Even under a Constitution concocted
Transportation Question. , 13
by his own Government, the people of Yan Diemen's Land had
in every instance elected anti-transportationists to their repre-
sentative seats. In that unfortunate island — that very sinkhole of
English iniquity, where the prison population was so alarming
in numbers, and where it could not be doubted many of that class
possessed the elective franchise — no representative favourable to
the continuance of transportation had been chosen. It was fair to
assume that many of the emancipist class in that island had
recorded their votes on the side of the anti-transportationists.
How could it be otherwise 1 How could men wish to continue to
their children the curse of their own lives 1 What was it, this
desire to get rid of the infamy and degradation of which they had
themselves been victims, but the triumph of all that was good and
virtuous and lofty and aspiring in the human breast 1 They were
about to send Mr. Cowper as a delegate to the conference of the
League at Hobart Town. When he approached the shores of the island-
home of those sturdy and stout-hearted patriots, it was to be hoped
that the bracing influences of their climate would make him even
bolder than he had been in his speech that evening ; and that if
the Tasmanian colonists should determine to resist the landing of
any more convicts, he would solemnly assure them that the
inhabitants of New South Wales were ready to assemble again in
some place under heaven, where all the people could be gathered
to ratify all the acts so done and to share in all the consequences.
The example of the Cape colonists was before them. The time
was come when their only course was to follow that example ; and
whenever a prison-ship should arrive in the Derwent, or in any
other port, to resist at all hazards the landing of the prisoners
thus tyrannically forced upon us. He most sincerely hoped they
would not be driven to the catastrophe hinted at by their respected
member, Mr. Campbell, that of tumbling the prisoners into the
sea ; but whatever sufferings might ensue, at whatever sacrifices,
they were now bound to stand by each other in the protection of
their own liberties. There were times when men had no right to
look round for consequences, when they were bound by all that
was dear and sacred to advance. He believed this was a time for
such conduct. When he was asked by his colleagues in the
council of the League to take part in the business of that meeting,
he consented, because he considered he had no right to refuse any
duty in the cause ; had they asked him to fight, his consent for the
14 Speeches.
reasons he had stated would have been as freely and as quietly given.
He had come to the meeting determined to put it to them whether
the time had not arrived for the Yan Diemen's Land colonists to
resist the landing of the convicts. He could see no other way to get
rid of this cruel and desolating agitation. He therefore solemnly
asked that meeting, if they agreed with him that the time for
this decisive action had arrived, to hold up their right hands
in the affirmative. [Here the speaker held up his hand, and was
responded to by the hands of nearly all in the body of the meet-
ing.] This he accepted as a pledge of their honest and serious
determination in the matter. In the name of that meeting, their
respected delegate might tell the colonists of Yan Diemen's Land
that the people of New South Wales were prepared to stand by
them in resisting any further landing of convicts on their shores.
He would now most cordially move the resolution which had
been intrusted to his hands : — " That the previous resolutions be
embodied in an address, and that such address be presented by
the president, in the name of this meeting, to the Tasmanian
delegates at the Hobart Town conference."
SPEECH
Delivered at a meeting of the citizens of Sydney convened by the Austral-
asian Anti-Transportation League, in Malcolm's Circus, June 30, 1852.
Mr. Parkes : The resolution which had been intrusted to him
to move was an important one. If not a declaration of war, it
was a definition of the limits within which men could adhere to
peace. Before offering the few remarks which he had to make,
he would read the resohition : — " That this meeting, while
solemnly denouncing the continuance of transportation to any of
these colonies as incompatible with the permanence of British
rule in Australasia, earnestly protests against their language
being represented as that of wanton defiance or of anti-British
feeling; prompted as it is by a deep consciousness that in
their case the sense of oppression is increased in the very
proportion in which those feelings which arj a Briton's noblest
heritage gain strength among the colonists j and that if the fatal
Transportation Question. 15
alternative should continue to be thrust upon them of choosing
between British connection in name and an unsullied British
character in fact, the dictates of principle and the onward course
of events must before long lead to the preference of the latter at
any sacrifice." It would be admitted that the substance of the
resolution was deeply important, that the topics to which it referred
were sufficient to carry the mind away to more eventful times, to
the bright issues of what was now dark and gloomy and discour-
aging around them. That discussion would open up a field of vast
speculation into which, even if he had the ability, he had not the
time to enter. On a resolution possessing so much importance he
would, however, make one or two remarks. In the first place it
called upo*i them to denounce the continuance of transportation.
Man, woman, and child, throughout the breadth and length of the
colony, with very few exceptions, had a hundred times over
denounced transportation, but that resolution called upon them
to denounce it as incompatible with their present relation to the
mother country. They were all unanimous in joining in that
feeling if he were to judge by the speeches which had been
delivered, and the manner in which they had been received.
They were unanimous in their determination that these colonies
should no longer continue to be the cesspool of the British Empire,
or of any portion of it. Again, the resolution vindicated them
from the slanderous charges of native turbulence and anti-British
feeling, which had most unmeritedly been made against them. It
showed that they had a true British resolve to eradicate those
seeds of dissension which would speedily lead to separation,
that they were the not unworthy children of their British fore-
fathers. They were the inheritors of no common patrimony. They
were a people whose ancestors had planted a tree of liberty so uni-
versal in its growth that its offshoots, transplanted to savage
shores, had sprung up and borne abundant fruit for the advanc-
ing nations of more than one world. Their language and the
spirit of their institutions had spread throughout the vast
American continent from the Atlantic to the Pacific, and were
now carrying civilisation over the rich and glorious land of which
these struggling colonies were the embryo peoples. They inherited
a glory which belonged to no other race, and their highest duty
and their truest loyalty to the British name consisted in preserving
that inheritance unimpaired for their posterity. If they were
1 6 Speeches.
loyal to themselves as true-born Britons they would assert, in the
language of the resolution before them, that the continuance of
this monstrous system of convictism was incompatible with the
preservation of their rights ; and that, if it were forced upon them,
resistance would become a duty, so as to vindicate their character at
any price and at any sacrifice. On a former occasion in that building
he had stated his belief that the time had arrived in Yan Diemen's
Land for the colonists to resist. But in the unparalleled circum-
stances of that unfortunate colony she had no strength to resist.
The same event — the discovery of gold — which had caused new
streams of population to flow into these communities, had the
effect of draining her of all social life. Society, as at present exist-
ing in Van Diemen's Land, was a thing stripped of its natural
energies. There was nothing left there now but the convict
Government and its subordinate interests, which in the language
of the honourable member for Melbourne bound down the colony
in a network of degradation: none other except the convicts them-
selves, and a few middle men, who were anchored in the colony by
their property, and could not escape. If convict ships were again
to arrive here, it would be their duty to resist any such attempt
at oppression. And in this spirit they had denounced the continu-
ance of the system. Therefore the distinct terms of the resolution
were necessary when speaking of such a fatal alternative.
THE CONSTITUTION ACT.
[In the year 1853 a Select Coraraittee of the old Legislative
Council was appointed, on the motion of Mr. Wentworth, to pre-
pare a Constitution for the Colony of New South Wales. The
Committee consisted of Mr. Wentworth, Mr. James Macarthur,
Mr. James Martin, Mr. Charles Cowper, Mr. T. A. Murray, Mr.
George Macleay, Mr. E. Deas Thomson, Mr. J. H Plunket, Dr.
Douglas, and Mr. William Thurlow. The first meeting of the
Committee was held on the 27th May, and fifteen meetings
altogether were summoned. Half of the members did not attend
one half the meetings. The result of the Committee's deliberations
was " A Bill to confer a Constitution on New South Wales, and
to grant a Civil List to Her Majesty." This Bill was reported on
the 28th July, and with important modifications, all of a popu-
lar character, is now the law of the colony. On the first publica-
tion of the Bill an instantaneous feeling of indignation spread
throughout the colony. The whole newspaper press, with the
single exception of the Sydney Morning Herald, denounced its
more unpopular provisions, which were forcibly summarised
in the advertisement convening the first meeting to oppose
it, which was held on August 15th. The notice of meeting
(which ought to be regarded as historical) reads as follows :
— "A Committee of the Legislative Council has framed a new
Constitution for the colony by which it is proposed — 1. To
create a colonial nobility with hereditary privileges. 2. To con-
struct an Upper House of Legislature in which the people will
have no voice. 3. To add eighteen new seats to the Lower House,
only one of which is to be allotted to Sydney, while the other
seventeen are to be distributed among the country and squatting
districts. 4. To squander the public revenue by pensioning off
the officers of Government on their full salaries ; thus implanting
in our institutions a principle of jobbery and corruption. 5. To
fix this oligarchy in the name of free institutions on the people
irrevocably, so that no future Legislature can reform it, even by an
absolute majority. The Legislative Council has the hardihood to
propose passing this unconstitutional and anti-British measure,
with only a few days' notice, and before it can possibly be con-
sidered by the colonists at large." Though this meeting was
called after only two days' notice, and held in the middle of the
c
1 8 Speeches.
day, the attendance was so large that many hundreds could not
obtain admittance within the theatre. The gentlemen who took
part in the proceedings were Mr. John Gilchrist, Mr. W. R.
Piddington, Mr. J. B. Darvall, Mr. Hobert Johnson, Mr. J. L.
Montefiore, Mr. J. W. Bligh, Mr. D. H. Deniehy, Mr. T. S.
Mort, Mr. J. R Wilshire, Mr. Adam Bogue, Mr. Edward Flood,
and Mr. John Brown. Meetings for the same object were sub-
sequently held in all parts of the colony. The result was that a
longer time was given for the second reading of the Bill, and the
hereditary peerage scheme was abandoned. Most of the other
objectionable provisions were retained, including the iniquitous
pension scheme by which Sir Edward Deas Thomson, K.C.M.G.
(who accepted the office of Colonial Secretary at £1500 a year,
and received, before he retired, an increase of £500 to his salary,
with a retrospective effect for six years), has now received in the
shape of pension £40,000 of the people's money.]
SPEECH
Delivered at a public meeting in the Victoria Theatre, Sydney, August
15th, 1853, to '* resist the flagrant attack upon the public liberty " con-
tained in the provisions of Mr. Wentworth's Constitution Bill.
Mr. Parkes rose to move the following resolution : —
"That this meeting earnestly protests against any attempt, in the hasty
manner now proposed in the Legislative Council, to impose a Constitution
on the colony which is passed in direct opposition to the wishes of the
people."
The people were called upon by the terms of this resolution tq
enter their deliberate and solemn protest against the constituted
legislative authorities of the country, and this was a course which
they ought not to adopt lightly, or without good and sufficient
reason ; for the legislature of any country depended for its power
and stability on the confidence and respect of the people. And
even if he possessed the power, he should shrink from inducing any
one present to affirm such a resolution as this upon frivolous or
trifling grounds. We forget one of our first duties as citizens
when we forget the respect due to those authorities which even
here, to some extent, we have brought into existence by our own
voice. But it did appear that there was an overpowering weight
of evidence to lead that meeting to one only course, which
was that pointed out in the resolution he had to propose. The
meeting would see that this resolution referred more particu-
larly to the manner in which this Constitution business had been
Constitution Act. 19
conducted by the Select Committee of the Legislative Council. It
would be well to advert to the origin of the Committee,
and he was the more inclined to go back to the origin of that Com-
mittee, inasmuch as he could not concur in the respect for the
motives by which it had been actuated that had been avowed by
previous speakers. He did not believe that the Committee
deliberated with the best possible intentions. He, as a citizen, felt
called upon to express his disbelief in their purity of intention. He
believed that no one who carefully regarded the manner in which it
was first formed could avoid the impression that it was glaringly
packed. When Mr. Wentworth first named his Committee, the
name of Mr. Cowper, who really appeared to have been the only
troublesome presence in this cabal against the public liberty, was
omitted ; but he (Mr. Parkes) remembered that the name of Mr.
Morris, for one, was included. He had no desire to express any
disrespect towards the young gentleman, but he would ask whether
that juvenile statesman had been placed on the Committee for his
experience in making Constitutions 1 It was evident that there
was another and more forcible reason for the selection. It was
pretty well understood that the honourable gentleman was Mr.
Wentworth's echo. Now, when he (Mr. Parkes) saw Mr. Went-
worth (whose great abilities and perfect knowledge of the
momentous business in hand he fully admitted) take one of the
most inexperienced members in the Council to assist him in
framing a Constitution, he was forced to believe that this young
gentleman was selected for other reasons than that he might most
effectually serve the country. The Committee was, however,
eventually elected by ballot ; and, as one result of that ballot, the
name of Mr. Cowper was substituted for that of Mr. Morris.
Two other names were also introduced by that result,
and he thought that with the introduction of those two
names a principle was admitted into its composition, utterly
unsound and unconstitutional — there were added the Colonial
Secretary and the Attorney-General.* Now, there was no one
who entertained a higher respect for this latter ofiicer of the
Crown, as a public man, than he (Mr. Parkes) did ; but he
altogether denied the right of any nominee member of that House
* Mr. E. Deas Thomson and Mr. J. H. Plunket, the two leading official
nominees of the old form of Government, which was to be abolished by the
new Constitution.
c2
20 Speeches.
to assist in framing a Constitution for the colony. This objection
was taken by Mr. Wentworth himself, and it was no doubt a sound
and constitutional one. For what was the principle admitted in
this appointment? It was nothing short of allowing men who
had not been chosen by them — who had in no way been authorised
by the voice of the people — not simply to carry on the ordinary
legislation of the country — that was bad enough at present — but
to uproot the whole existing order of things, to set up a new Con-
stitution which was to be saddled upon us and our children. He
denied the right of these two gentlemen to act upon that Committee;
and he denied, on the same ground, the moral competence of the
nominees, as a body, to vote on this question at all. It was simply
a matter of absolute right that a Constitution for the country should
be framed by persons who had the consent of the people for whom
it was to become law. Such a position appeared to him unanswer-
able, and he must therefore deny the moral competency of the
Legislative Council itself, as at present constituted, to frame a
Constitution for the colony. A work of so grand and funda-
mental a nature should be delegated to the hands of men elected
especially for that task, and for that task alone. The work was
one of immeasurable importance, and lay beyond the reach of any
such mongrel body as we had in existence here. If any illustra-
tion were needed of the truth of this assertion, he would
point to the monstrous production which was now before the
public — a production to which, if we submitted, we should
deserve to lose our status as free subjects of the greatest
nation in the world. To return to this select committee : he
had carefully examined the abstract of their proceedings,
published under their own supervision, and he was struck with
the spirit of levity which seemed to have characterised their
conduct. They were found doing and undoing, saying and
unsaying, in such an extraordinary manner, that one would suppose
from their actions they were a parcel of children — what he recol-
lected once hearing Daniel O'Connell describe as "pickled youths."
It was impossible to read the proceedings of that Committee
without being strongly impressed with the extreme slovenliness
and inconsistency displayed throughout. He found, for example,
that at an early meeting of the Committee, when there were six
members present besides the chairman, it was decided that the
constituency of Cook and Westmoreland should not have an
Constitution Act. 21
additional member, there being one (Mr. Martin) for the pro-
position of two members and five against it ; this was the
solemnly-resolved decision of the Committee. But observe what
followed : at the very next meeting they granted to the con-
stituency in question, in the teeth of their own decision, an
additional member. Now, he would appeal to the meeting
whether men who could thus turn about, and thus jump about
from one position to another, without regard to common decency
or decorum, in conducting public business, were fit for the con-
sideration of a measure of such grave importance. Would we, if
we had our choice, select men of such unstable minds to frame a
Constitution under which we and our children were to live ? He
would now proceed to show something further in opposition to the
sentiment expressed by a previous speaker, that this measure had
been constructed with a fervent desire for the public welfare. He
could assure the meeting that in the draft report of this Com-
mittee there was a clause, — which, however, was afterwards
expunged, — recommending an Act of Council to send one of their
body to England, as their envoy, with plenary powers, to take
charge of this Bill and urge its enactment by the Imperial legis-
lature. Could there be a moment's doubt who would have been
the envoy 1 This clause contained internal evidence that it was
written by Mr. Wentworth, who doubtless anticipated that the
Council would vote a comfortable sum of £2000 or £4000
towards his expenses in London and on the Continent. Now,
did this look like a studious regard for the public interest 1
The matter was so completely cut and dried, that it was impos-
sible not to see the design to take the public by surprise. The
Committee thought the household were all asleep, and that they
might break in and steal our liberties without being observed.
The resolution now submitted to the meeting also alleged that the
new Constitution had been framed in direct opposition to the
wishes of the people ; and no better evidence of the truth of this
statement could be adduced than the presence of such enthusiastic
numbers on this occasion. And how could it be hoped that a
Constitution would find acceptance with the community, which
proposed the creation of an order of things that sensible men
were now anxious to get rid of all over the world — a Constitution
that proposed to appoint a House of Legislature in which the
people were to have no voice whatever ; a Constitution that pro-
2 2 Speeches.
posed to squander the public money in pensioning off, at full
salaries, men still in the prime of life, who were as well able to
work as he or any other man in that meeting; a Constitution
which proposed to do this and many other monstrous things in
direct opposition to the people. One of the speakers had been
careful to inform the meeting that he was no Radical. He (Mr.
Parkes) could not blame him for this delicacy of feeling on being
found in strange company ; but he felt it to be his duty fearlessly
to assert that one of the greatest evils in the colony was the
present unjust distribution of the representation. He had found
an explanation of the wonderful change in the opinions of the
Committee as to whether Cook and Westmoreland should have
another member — the new-born liberality was to repay the present
member for that district for his readiness in proposing that the
city of Sydney should have only one additional member. On the
same day it was decided that four of the pastoral districts should
have four additional members, while Sydney was to have but
one. He would not be understood as denying, or wishing to
deny, the right of the persons engaged in pastoral pursuits
to representation, as he fully recognised that right ; but he main-
tained that we were not to go beyond the ordinary limits of the
Constitution to create new-fangled and un-English constituencies
to meet the peculiar circumstances of their case. In granting the
elective franchise to the squatters, it was never intended that these
pocket constituencies should be created for their special and exclu-
sive advantage. Such was the condition of these constituencies,
that it was next to impossible for any vital action of the elective
principle to be felt in them. In none of these constituencies had
there been an election at all. Some three or four pastoral princes
held a meeting in a comfortable log-cabin, and decided on their
delegate ; and then, riding over to the place of nomination, they
chose him in the presence of a handful of their own shepherds and
two or three gum trees. With this rough sort of constitutional
brand upon him, the squatting member came down to the Council,
where his vote was of course as good as that of a representative of
the city of Sydney. Why, this state of things was worse than
that of the old rotten boroughs in England before the passing of
the Reform Bill. It was worse in this respect : those boroughs, if
they were seats of patronage, were yet in the hands of highly-
educated gentlemen, who almost invariably nominated men of
Constitution Act. 23
parliamentary talent ; but here we always found that the most
useless men in the Council were sent down from the squatting
districts. In some instances members were returned whose occu-
pations prevented them from attending to their parliamentary
duties. It was even now stated in the Legislative Council that
certain squatting members could not wait to attend the second read-
ing of the new Constitution Bill if it were postponed, because they
were obliged to return to their stations. These gentlemen would
doubtless think it unreasonable that so trifling a matter as the
construction of a political Constitution should hinder them from
looking after their sheep. Look at the district of New England.
In the first session of Council the member for that constituency
never presented himself at all. The fact that the existing
member stopped away one whole session presented no strong
argument, certainly, why that district should have another. Yet
such practically was the logic of the Select Committee in the
course they had adopted. They had allotted additional
members to districts, the representatives of which did not
think it worth their while to attend to their duties. He
would now advert to the manifest impatience with which it
had been endeavoured to hurr^ this Bill through the House.
When the honourable and learned author of the Bill first intro-
duced the matter, he deprecated any discussion on the occasion,
intimating that the principles of his measure would be fully
discussed on its first reading. When it came on to be read a
first time, the honourable member still deprecated all discussion,
hoping that this might be deferred to its second reading as the
more proper time j arid he (Mr. Parkes) firmly believed, and
those who had closely watched the proceedings must also believe,
that the design was to put off as long as possible all discussion —
to stifle all consideration of the question till the last moment, and
then to precipitate the measure through the House, and fasten it
upon the country. Nor could he see, in candour, how such
manifestations of conduct in the authors of the scheme entitled
them to much consideration at the hands of the people for the
purity of their intentions. We were told that great points
would be conceded ; that the peerage would be given up ; that
Sydney should be allowed three additional members instead
of one ; that the pastoral districts should not have the lion's
share in the representation. He (Mr. Parkes) did not, of
24 speeches.
course, know whether these announcements were authorised;
but, if so, it appeared to him only heaping insult upon injury.
If this was the purity of motive that was manifested, it was like
the purity of motive to be detected in the man who asked you five
pounds for what he intended to sell for two pounds ; or who
attempted to rob you of your watch and purse, and on finding he
could not get it said that you were welcome to keep it. Why, if
it was now right that Sydney should have six members, it was
equally so when the Committee was sitting. They seemed to hope
that, in consideration of such concessions as these, we should spare
our denunciations of the other objectionable portions of the
measure : that, if they relinquished their plunder, we should not
set the police upon them. For his part, he would advise the
people to place no trust whatever in the present Legislative
Council ; but, at the same time, to insist loudly on the necessity"
of having a new Constitution at once formed, and its consideration
delayed no longer. It had been urged that the question should be
postponed for further consideration. But was it right, when so
gross and flagrant an attempt upon our liberty had been made,
that we should postpone for a single day this important work of
self-preservation, with such manifest proofs before us of the vicious-
ness of the body with which the country was saddled 1 What-
ever decision might be arrived at that day, the people must meet
again and again, and insist upon a Constitution being formed with
or without the concurrence of the Legislative Council. So long as
it was stamped with the concurrence and approval of the whole
community, it would be treated with respect by the Imperial
Parliament. He would again urge upon the meeting, not incon-
considerately to adopt a resolution which reflected so strongly
upon the proceedings of the Legislature. He trusted they would
only affirm it after bestowing their best attention upon the subject,
as the embodiment of their determined will. But, familiar as all
present must be with the noble examples of modern England,
with the spirit-stirring associations of England's glorious past,
kindling love of country in their souls ; familiar as they must
be with the high and eloquent teachings of her famous dead, whose
life-words of patriotism pealed like trumpet tones from every
period of her national history, and were echoed back from every
shore where men were free, they would need no words from him
to rouse their indignation, no arguments from him to convince
Constitution Act. 25
their judgments, no appeal from him to strengthen their resolu-
tion, to resist the iniquitous measure which it was now threatened
to inflict on this long-misgoverned country.
SPEECH
Delivered at an open-air meeting of the inhabitants of Sydney held on the
Government grounds adjoining the Circular Quay, September 5, 1853,
to petition the Queen and the Imperial Parliament against the new
Consitution Bill.*
Mr. Parkes said the gentleman who first addressed them had
very properly called upon them to give three cheers for the Queen.
In his turn he called upon them to give three cheers, three hearty
cheers, for the eight patriotic men who formed the minority in the
division in the Legislative Council against Mr. Wentworth's mon-
strous Bill. It was something, when they saw others falling away
on every side from the principles they had espoused throughout
their whole lives — it was something to find eight men so thoroughly
staunch and determined, so alive to the true interests of the
country, and so ready to stand by and defend their threatened
liberties. He congratulated the meeting on having a gentleman
who stood so high in the esteem of his fellow-citizens, occupying
the chair that day. In addressing himself to the resolution that
had been entrusted to him, he would endeavour to prove to their
satisfaction that it was a just and proper one. It was : —
" That this meeting records its surprise and indignation at the unconstitu-
tional doctrines advanced in the Legislative Council, during the discussion
of the present measure, whereby the great maxim of just and enlightened
government, that * All power emanates from the people,' is sought to be
denied; and that, viewing the inherent defects of nomineeism and class
interest in the existing Legislature, this meeting publicly records its total
want of confidence in that body in reference to this measure, which is fraught
with the most momentous consequences to the whole people."
*Amongst the gentlemen who took part in this meeting (which was
attended by 5000 persons) were Mr. John Gilchrist, Mr. T. W. Smart, Mr.
John Richardson, Mr. J. B. Darvall, Mr. Eobert Campbell, Mr. J. W. Bligh,
Mr. (now Sir Charles) Cowper, Mr, Thomas Walker, Mr. G. K. Holden, Mr.
J. L. Montefiore, Mr. John Campbell, Mr. R. A. A. Morehead, and Mr. W.
R. Piddington.
26 Speeches.
It would be his duty, in the first place, to show that the doc-
trines which had been advanced in the Council were unconstitu-
tional, and in the next, that they had just grounds to declare that
they had lost all confidence in the Legislative Council with regard
to this measure, from the inherent defects of nomineeism, and the
prevalence of class interests in that body. He would then advert
to the speeches that had been made in that House by the honour-
able member, Mr. Wentworth, and the honourable member for
Cook and Westmoreland, Mr. Martin ; and he should rely mainly
on those two speeches, which had been received with so much
applause, to prove his case. Mr. Wentworth in the course of his
opening speech had informed them, doubtless much to their
astonishment, that the mercantile and trading classes were alto-
gether unnecessary and did not need representation. That gentle-
man could not see what there was to represent beyond the squat-
ting interest. This was in strange taste as coming from the
senior member for the city, to say nothing of its injustice and
absurdity. The other honourable member, Mr. Martin, did not
regard the " lower classes" at all. If he understood Mr. Martin's
speech aright, he contended that the great body of the people
had no right to be considered at all in questions of govern-
ment. He told us plainly that man had no inherent right
to representation ; that it was for the Legislature to deter-
mine to whom should be granted this right ; that the fran-
chise was a mere matter of convenience, to be fixed by
those who had the power to fix it. The Solicitor- General
(Mr. Manning), who he was bound to say had met the question
in a more fair and liberal manner than any of the other sup-
porters of the Bill, had also talked about the people " as one of
the estates of the realm." The learned gentleman repeatedly
made use of that expression. Now, he would like to know, if
that estate were taken away, where all the other estates would be.
According to all the constitutional authorities he had ever read,
the people were regarded as the basis of the realm itself. It cer-
tainly seemed strange to him to hear the people set down by a law
officer of the Government as " one of the estates of the realm." If
that estate were taken away, he should imagine that the honour-
able gentleman's salary would soon follow. Mr. Martin, in his
speech, went on to state, " that he did not recognise the right of
any meeting, or any body of men, to sit in revision of the acts of
Constitution Act. 27
that Council. The Council was elected for the purpose of legis-
lation, and he (Mr. Martin) wanted to know what was the
superior body that was to sit in review of their acts." This, let it
be remembered, was the legislative body which was condemned
by the very Constitution Bill which Mr. Martin himself was
endeavouring to pass. Old-fashioned people thought that there
was such a thing as the right of petition, as the right of free dis-
cussion, — to review in public meeting the conduct of Government,
and the conduct of the people's representatives. It would be
found that there was an ulterior right when their legislators were
acting treason against the liberties of the people — the right to
punish, the right to send them back into the obscurity from which
they had emerged. These were some of the unconstitutional doc-
trines against which he for one protested, and against which the
resolution was aimed. And considering how loudly they had been
cheel*ed, how cordially they had been responded to in the Legislative
Council, he thought the reception they had met with was sufficient
to destroy all faith in the Council's intelligence and sense of justice.
But having some consideration for the large array of authorities
which these members had brought to bear upon the question, he
would beg permission to place before the meeting the opinions of
men not less distinguished, in order to fortify his own opinions,
which were of very little value in themselves. He would assure
them that his authorities were not perverted as others had been in
the Legislative Council, but that the sentiments expressed in
the. extracts he was about to read were in accordance with the
doctrines which these illustrious men had spent their lives in
establishing. The first authority he would trouble them with was
Jeremy Bentham, and he ventured to think that he was almost as
great a philosopher as James Martin. Another of his authorities
would be a statesman, who was now known in English history
as the ^' Great Commoner ;" he meant the illustrious Earl of
Chatham. He ventured to think that he might be considered
nearly as great as William Charles Wentworth. Bentham, then,
said : —
" Property, it is continually said, is the only bond and pledge of attach-
ment to country. Not it, indeed. Want of property is a much stronger
one. He who has property can change the shape of it, and carry it away
with him to another country whenever he pleases. He who has no property
can do no such thing. In the eyes of those who live by the labour of others,
the existence of those by whose labour they live is indeed of no value ; not
28 Speeches.
so in the eyes of labourers themselves. Life is not worth more to yawners
than to labourers ; and their country is the only country in which they can
so much as hope to live. Among a hundred of them not ten exceptions to
this will you find."
He would now read, in connexion with this extract from Ben-
tham, and to elucidate its full meaning, the opinion of one of the
truest philanthropists — one of the purest and most elevated intel-
lects of this or any other age — the great and good Dr. Chan-
ning :—
'* Let us not disparage that nature which is common to all men, for no
thought can measure its grandeur. It is the image of G-od — the image even of
His infinity — for no limits can be set to its unfolding. He who possesses the
divine powers of the soul is a great being, be his place what it may. You
may clothe him with rags, may immure him in a dungeon, may chain him
to slavish tasks, but he is still great. You may shut him out of your houses,
but God opens to him heavenly mansions. He makes no show, indeed, in
the streets of a splendid city ; but a clear thought, a pure affection, a
resolute act of a virtuous will, have a dignity of quite another kind, and
far higher than accumulations of brick and granite, of plaister and stucco,
however cunningly put together, or though stretching far beyond our sight.
Nor is this all. If we pass over this grandeur of our common nature, and
turn our thoughts to that comparative greatness which draws chief attention,
and which consists in the decided superiority of the individual to the
general standard of power and character, we shall find this as free and
frequent a growth among the obscure and unnoticed as in more conspicuous
walks of life. The truly great are to be found everywhere ; nor is it easy to
say in what condition they spring up most plentifully. Real greatness has
nothing to do with a man's sphere. It does not lie in the magnitude of his out-
ward agency, in the extent of the effects which he produces. The greatest men
may do comparatively little abroad. Perhaps the greatest men in our city at
this moment are buried in obscurity. Grandeur of character lies wholly in force
of soul, that is in the force of thought, moral principle, and love, and this
may be found in the humblest condition of life. A man brought up to an
obscure trade, and hemmed in by the wants of a growing family, may in
his narrow sphere perceive more clearly, discriminate more keenly, weigh
evidence more wisely, seize on the right means more decisively, and have
more presence of mind in difficulty, than another who has accumulated vast
stores of knowledge by laborious study ; and he has more of intellectual
greatness. Many a man who has gone but a few miles from home under-
stands human nature better, detects motives and weighs character more
sagaciously, than another who has travelled over the known world and made
a name by his reports of different countries. It is force of thought which
measures intellectual, and so it is force of principle which measures moral,
greatness — that highest of human endowments, that brightest manifestation
of the Divinity. The greatest man is he who chooses the right with
invincible resolution, who resists the sorest temptations from within and
without, who bears the heaviest burdens cheerfully, who is calmest in
Constitution Act. 29
storms, and most fearless under menace and frowns, whose reliance on
truth, on virtue, on God, is most unfaltering ; and is this a greatness which
is apt to make a show, or which is most likely to abound in conspicuous
stations? Perhaps in our presence the most heroic deed on earth is
done in some silent spirit, the loftiest purpose cherished, the most
generous sacrifice made, and we do not suspect it. I believe this
greatness to be most common among the multitude whose names are never
heard. Among common people will be found more of hardship borne man-
fully, more of unvarnished truth, more of religious trust, more of that gene-
rosity which gives what the giver needs himself, and more of a wise estimate
of life and death, than among the more prosperous. And even in regard to
influence over other beings, which is thought the peculiar prerogative of
distinguished station, I believe that the difference between the conspicuous
and the obscure does not amount to much. Influence is to be measured, not
by the extent of surface it covers, but by its kind. A man may spread his
mind, his feelings and opinions through a great extent ; but if his mind be
a low one, he manifests no greatness. A wretched artist may fill a city with
daubs, and by a false showy style achieve reputation ; but the man of genius,
who leaves behind him one grand picture, in which immortal beauty is
embodied, and which is silently to spread a true taste in his art, exerts an
incomparably higher influence."
He had felt some hesitation in taking up their time with this
long extract, which was somewhat out of place at a public meeting,
but it became necessary to expose the pernicious and wicked
attempts which had been made in the Legislative Council to dis-
parage the intelligence of the great body of the people. There
was the Postmaster-Greneral — who told them that he had visited
many foreign countries. That gentleman appeared a fair illustra-
tion of Dr. Channing's remark, that many persons did not profit
by their travels. They had been told by Mr. Martin that they
were not able to form a serious opinion, or one of any value on
important questions; but he would rather take the judgment of
Dr. Channing. Let them now hear what Lord Chatham had said
upon the subject, speaking in the House of Peers : —
" I myself am one of the people. I esteem that security and independ-
ence which is the original birthright of an Englishman, far beyond the pri-
vileges, however splendid, which are annexed to the Peerage."
He hoped these authorities would be sufficient to prove that the
people of this colony had been treated with a contumely and arro-
gant disregard which were foreign to the feelings of Englishmen
of whatever rank, and that the course pursued in the recent debate
did not entitle the Council to their confidence and respect. What
was the doctrine that had been advanced in the Council but, in
30 Speeches.
effect, that the people were unworthy of the free expression of opinion
or the exercise of political influence 1 He would now address himself
to the other part of the resolution, which declared that, from the
inherent defects of nomineeism and the existence of class interests
in the Council, that body was not deserving of the confidence of
the people. And on this subject he must trouble them with one
more quotation. It was from a gentleman born in the colony, one
who was now living an active life in their midst, one who was
universally regarded as one of the most powerful intellects that
this country had produced. He was about to read the opinions of
no less a personage than Mr. Went worth himself on the subject of
nomineeism. Some twelve years ago, many of them would remem-
ber, there was an investigation made into the subject of certain land
claims in New Zealand. This investigation was conducted by that
most able man, Governor Sir George Gipps; and they would remem-
ber with what masterly ease he turned Mr. Wentworth — great as
he was now among the pigmies of Macquarie- street — completely
round his finger. It would appear that, shortly before that
investigation, Sir George Gipps had sent home the name of Mr.
Wentworth, whom he recommended for apppointment to the next
vacancy in the old JSTominee Council. But in consequence, as it
would seem, of facts which discovered themselves to the mind of
the late Governor in the progress of this investigation, Sir George
felt himself compelled to send another despatch to the Secretary of
State, advising that his recommendation in favour of Mr. Went-
worth should not be carried out. In course of time the first
despatch and the counter-despatch arrived in this colony and were
printed. Mr Wentworth immediately wrote a furious letter to a
Sydney newspaper, defending himself from what he considered an
injustice done to his public character. And what paper did he
select for his manifesto ? He did not go to the Sydney Morning
Herald then, but to the Free Press^ the most democratic paper in the
colony, conducted by Mr. James M'Eachern, who certainly could
not be considered as a very high Conservative. This was the
paper which was then his political organ ; and the fact had some
significance, considering that Mr. Wentworth had so vehemently
declared that he never was a democrat. His letter appeared in
the Free Press of January 6th, 1842. He wished the meeting to
notice how highly Mr. Wentworth spoke then of nominee mem-
bers. This was what he said : —
Constitution Act. 31
" If the Governor, before he made his recommendation, had condescended
to explain his gracious intentions to me, I would have told him, in reply,
what all my more intimate friends can vouch for, that even under the
government of Sir Richard Bourke, and notwithstanding my reverence for
his public character, when it was generally understood that I was to be
offered the vacant seat in the Legislative Council which was ultimately given
to Sir John Jamison, that I had made up my mind, after the fullest considera-
tion, not to accept the office, if it had been tendered to me, even by him. If my
repugnance was invincible then to become a mere nominee^ and to lose caste by
suffering myself to be enrolled among a body of oflScial and unofficial mem-
bers, the former of whom are given to understand, notwithstanding their
oaths, that it is a condition of their tenure of office that they are to support
all measures of the Government, whether good or bad ; and the latter of
whom, for the most part, seem only to have been selected from their utter
incompetency to offer any effectual resistance to such measures ; or from
their known or expected obsequiousness to the powers that be ; — I ask
whether it is probable that I would have submitted, under the rule of Sir
George Gipps, to lose my time in struggling against the hopeless majorities
of such colleagues, or to sacrifice my independence by becoming one of his
puppets, and succumbing to the contumelious treatment which he ever and
anon indulges in towards those of his creatures whose sycophancy does not
keep pace with his rabid appetite for adulation."
Now, these " creatures," as lie called them, whose portraits he
had painted so faithfully, for whom he had expressed such bitter
contempt — these were the very men whom he now sought to
elevate into the region of perpetual nomineeism. No wonder those
gentlemen, seeing his vivid powers of description, were now
delighted to get him on their side. This was Mr. Wentworth's
opinion in 1842; no doubt, if they could penetrate the inmost
recesses of that gentleman's heart, they would find that he had the
same opinion still of his new allies. But, without any such super-
natural scrutiny, they might arrive at what was Mr. Wentworth's
opinion now, or at least what it was only a few months ago. He
would give them an extract from Mr. Wentworth's speech, on
moving for a Committee to draw up this very Bill that they were
now discussing : —
" In excluding from the list of the Committee which he proposed the name
of any nominee, more especially any official nominee, he was actuated by a
consideration of delicacy towards these gentlemen. To place them on such
a Committee as this would be to place them in a false position — false to
themselves and the office they held — and a position in which they ought
not to be placed. This was the sole reason why, in the composition of the
Committee, he had confined it to the elective members of that House, and to
infuse any other element into the constitution of the Committee would be to
prevent the sense of the House from being properly arrived at. These were
32 Speeches.
his views in reference to the composition of the Committee. He trusted that
if any opposition to such a course manifested itself, the elective element in
that House was strong enough to put it down."
This was an extract from Mr. Wentworth's speech in the Legis-
lative Council on June 16th, 1852, and he thought it contained
pretty strong language in condemnation of nominee legislators. He
would ask, if the nominees were unfit to deal with the Constitu-
tion question twelve months ago, how much better fitted were they
on Friday night last, when Mr. Wentworth implored these very
men to give him their votes. There remained one more point in
the resolution, and that was the assertion of the existence of a class
ascendancy i'n the House. Since he had been on the hustings that
afternoon, he had been told by a member of the House that there
were no less than 33 members of that body closely connected
with the squatting interest. That was a very significant fact,
especially when they took it in connexion with Mr. Wentworth's
assertion of the right of fifty or sixty families to erect themselves into
an aristocracy, and to form eventually, as he proposed, an Upper
House of Legislature. This right on the part of an arrogant few
was assumed in Mr. Wentworth's first speech, and in his second
speech we were told that he had devised his notable scheme of
hereditary titles with a view to the peculiar qualifications of the
" shepherd kings" of the country, who already possessed splendid
acquisitions of land, and were on the high road to fortunes which
would maintain them in a state of nobility. The squatters were,
in fact, the only class in the country who could support the dignity
and splendour of a title. If they duly weighed all this, and then
looked at the last clauses of the Bill they would see, by the pro-
visions Mr. Wentworth had made to secure the possession of their
lands in the hands of the squatting interest, that a deep design to
exalt and aggrandise a class by the spoliation of the people was
at the bottom of the present measure. Unless two-thirds of the
Legislature, a large proportion of whom they might clearly see
would be connected with the squatting interest, gave their
assent to any alteration in the Constitution, the lands would
be theirs in perpetuity. He thought this was most conclusive
evidence that there was this class ascendancy in that body which
was denounced in the resolution as dangerous to the liberties of the
people. If the members of the Legislature were so daring, so
deeply infected with treason — he could use no milder term —
Constitution Act. 33
towards the liberties of the people, as to deny their right to meet
and express their opinions ; and if they treated their petitions
with contumely and disregard, he must say that it was idle to
petition that body any longer, and that it was indeed time to
express a public want of confidence in its deliberations and its acts.
When they remembered that one-third of the members of that
House were there without the concurrence of the people at all,
and the majority of the elective members — elected, it was true, but
by a system which was a perfect mockery of representation — were
opposed to the wishes and the interests of the people, surely, in
the name of everything that was just and true, in the name of
everything that was thoroughly British, it was time to express our
total want of confidence in that body. He would now call their
attention to the aspersion of the mercantile interest that had been
indulged in by Mr. Wentworth ; and he thought he could not do
better than contrast his opinions with those of the great Earl of
Chatham. Mr. Wentworth boldly declared that the merchants of
Sydney were of no use, that the colony could do very well without
them. The Earl of Chatham had said, in speaking of the same
class —
'* I hope, my lords, that nothing I have said will be understood to extend
to the honest, industrious tradesman, who holds the middle rank, and has
given repeated proofs that he prefers law and liberty to gold. I love
that class of men. Much less would I be thought to reflect upon the fair
merchjyit, whose liberal commerce is the prime source of national wealth.
I esteem his occupation, and respect his character."
Though no arguments were required to expose the absurdity of
Mr. Wentworth's notions, he could not help quoting the estimate
formed of the value of the tradesman and the merchant by the
great English commoner. According to Mr. Wentworth, these
great classes — whose intelligence and enterprise were of such im-
mense importance to every civilised community, and who were
themselves generally the most enlightened promoters of the well-
being of the State — were perfectly useless, and disentitled to any
consideration in the working of representative Government.
(Here the speaker was interrupted by much cheering and repeated
cries of " Bob Nichols."*) Well, he had been frequently reminded
*The late George Kobert Nichols who, though carried away on the Consti-
tution question by his admiration for his fellow countryman, Mr. Wentworth,
had been identified with most of the liberal movements in the colony, and
was the author of many useful measures.
D
34 Speeches.
of that honourable member, but he had not much to say about him.
He would tell them what a witty friend of his had said respect-
ing that gentleman a few days ago. On being told that Mr.
Nichols had recanted and joined the nominees, he replied, *' poor
Robert ! he has been canting all his life, and it is now high time
that he recanted." It might be truly said that Mr. Nichols had
been canting in more senses than one — canting like a ship without
ballast, as well as dealing in all the discarded cant of political
quackery. But with respect to Mr. Nichols, who was now so
conservative in his ideas, they would all remember that that
gentleman not long ago had talked very loudly about 100,000
American sympathisers coming over to enable the colony to obtain
its independence. This was said at a public dinner in this city
presided over by Mr. Nichols ; and who did they think was the
person who on that occasion took exception to the anti-British
language of Mr. Nichols 1 Why, it was Mr. Wentworth's arch-
anarchist, the humble person now speaking, who in that room
protested against the disloyal language of the honourable gentle-
man. And now with regard to the aspersions so freely cast upon
himself. Mr. Wentworth had honoured him with the title of the
"arch-anarchist." He supposed he was regarded as the leader
of the imaginary '' ruffians" who were to go down to Yaucluse
and pillage it.* He would tell that honourable gentleman that he
had no such power, no such influence, as was attributed tp him.
The part he had taken in the present movement was a very
humble one; -he had done no more than any other member of this
Committee ; and with regard to his being an anarchist, he most
indignantly denied that he was in any respect a worse citizen
than Mr. Wentworth himself. In the opposition he had felt it his
duty to give to the measure now under discussion, he was actuated
by the same singleness of purpose which he believed actuated all
the gentlemen with whom he was associated. Mr. Wentworth
had said that if certain persons — the " arch-anarchist," he sup-
posed, among them — got the upper hand, they would trample on
the country with an iron heel. But the truth was that they were
seeking to rescue the country from the *'iron heel" of others.
He had himself been charged with want of loyalty to his father-
land. It would be more pardonable in Mr. Wentworth than in
* Language of the character indicated was frequently applied to the
opponents of the Constitution Bill by Mr. Wentworth and his friends.
Constitution Act. 35
him to be deficient in patriotic feeling and in loyalty. He, at all
events, had right good reason to be proud of his fatherland, and
there was no pulse of his life that beat with truer warmth than
that which responded to the title of a loyal Englishman. He was
born in the heart of Old England, within a few hours' walk of the
spot where Shakspeare was born, where some of the noblest
associations of English history were fresh in the hearts of even
the rural population ; and he had been reared in one of the
greatest and most prosperous and public-spirited towns in Great
Britain. He spurned the attempt to fix upon him any advocacy
of republican government. He was sincerely attached to his
native country and her institutions. It was his heartfelt desire
that that flag (pointing to the British ensign over the hustings)
might wave in peace and security over his grave, and over the
graves of his children ; and in ages to come might float the banner
of a great and glorious people here, afiiliated by all the bonds of
aflection and justice to that dear old land from which they were
all descended. In his judgment it would be a great and fatal
mistake to attempt in Australia any mere imitation of the noble form
of Government under which the great American people had risen to
such colossal power. Nor did he imagine that, with the progress of
events, the character of any known nation would be slavishly
reproduced here. He thought this country was destined to
show the spectacle of a great nation perfectly free, profoundly
prosperous, and glowing with distinctive national aspirations, and
yet united in the bonds of affection and political interests to the
mother country. He did not want a " Yankee Constitution" any
more than Mr. Wentworth. But by all that was sacred, by the
God who had given them a great and fruitful country to dwell in,
he for one would never consent to have a Norfolk Island Con-
stitution. He objected — and the gentlemen with whom he was
proud to act on this occasion objected — to Mr. Wentworth 's
scheme, because it was a scheme in violation of the true principles
of the British Constitution. He had thought it right thus publicly
and explicitly to defend himself and those who were associated
with him against the charges which had been so recklessly made ;
he flung back those charges with unutterable scorn ; he desired
nothing beyond that which he was entitled to ask as a loyal and
patriotic subject of the Queen of England. Before he sat down
he would briefly advert to some of the misrepresentations of
D 2
J
6 Speeches.
matters of history which had been put forward in the Council. A
gentleman for whose public character he had a high respect, he
meant the Attorney-General (Mr. Plunket) had told them, with an
air of triumph, that the great men who framed the American
Constitution had sat for months and years in discussion on the
measure with closed doors, and that when their plan was
matured they promulgated it by authority. But the historical
fact was that, in the eleventh year of the Confederation, it was
found that the Articles of Confederation were so defective for
affording adequate power for national purposes — and this con-
viction had been forcing itself upon the minds of statesmen for
several years — that it was determined to form a Convention for
the revision of the form of government. Delegates for this pur-
pose were appointed by twelve out of thirteen States, who met in
Philadelphia on the 14th of May, 1787, to form a Constitution;
and so far from sitting for years, he found that on the 17th of
September in the same year they presented their report to Con-
gress, which on the 28th of the same month remitted it to the
several States for approval. To a certain extent it might be true
that the delegates sat with closed doors, for as it was cold in
America they probably did not leave them open. But so far
from the Constitution being promulgated by authority, he found
that one State, Rhode Island, refused to accept it, and stood out
from the Union for two years and eight months. Virginia,
stirred up by the great eloquence of Patrick Henry, one of the
most remarkable men of the Revolution, also opposed it, and
refused to accept it for many months. These were the
facts of the case, and they showed the false basis of knowledge
upon which gentlemen in the Council proceeded when they could
listen to such distorted statements, and at the same time brand the
people out of doors with ignorance and meddling with matters
they did not understand. The Attorney-General had also told
them that the Senate of the United States was elected by the
Sovereign States, and therefore was appointed by a process ana-
logous to the appointment of nominees by the Queen's representa-
tive ; this, at all events, was what he understood from the speech
of that learned gentleman. But Mr. Plunket must have been
greatly misled, for it was known to most of them that the
senators were elected by a majority of the votes of the State
Legislatures. He was somewhat at a loss to understand why the
Constitution Act. 37
Attorney-General had pronounced such a high eulogium on the
speech of Mr. Martin. He was ready to admit that that speech
in many respects was an able one, but still he was surprised to
hear the Attorney-General speak of it in terms of rapture. But
he found, on referring to the conclusion of that speech, a very
satisfactory reason for Mr. Plunket's admiration. Mr. Martin
concluded with a very patriotic avowal that he would pension off
the ojficers of the Crown at their full salaries, and doubtless such
an idea of constitutional government was very delightful to the
worthy Attorney- General. In conclusion, he urged them to
consider whether they had not just reason to assent to the
resolution he had read to them. After the contumely that
had been heaped on them and their petitions, — after the uncon-
stitutional doctrines which had been propounded by the Legislative
Council — he for one would never send another petition to that
body on this question. He denied the right of that House to
force this Constitution on the people of the colony ; and it was the
bounden duty of all classes to appeal to a higher power — a more
impartial tribunal. He had no doubt as to what the result of
that appeal would be. Despite the overwhelming majority in
the Council, the reasonableness and justice of their petitions
would prevail, and the youthful energies of this fair country would
be freed from the infliction of this most detestable and un-British
measure.
ELECTION FOR SYDNEY IN 1854.
[Mr. Wentworth had resigned his seat as member for the city
of Sydney in the old Legislative Council, and had departed for
England. The late Mr. Charles Kemp was a candidate for the
vacancy, and Mr. Parkes was proposed in opposition. The
suffrage was then held on a property-qualification, with open
voting. The result of the poll was— Parkes, 1427 j Kemp, 779.]
SPEECH .
Delivered at the nomination of candidates for the seat in the representa-
tion of Sydney vacated by the resignation of Mr. Wentworth, May 1,
1854.
Mr. Parkes said : I shall endeavour in addressing you to avoid
the personalities which have supplied the chief staple of these pro-
ceedings. This meeting impresses me too deeply, not with any
paltry expectation of triumph, but with a sense of my own
unimportance and want of merit, to indulge in those feelings
which the extent and warmth of the support I have met with
hitherto are calculated to inspire. I am not one of those who look
out for persons of leisure to fill important public offices, for I
believe that every one created in God's image must do what he
conceives to be his duty, whether he have leisure or not ; and
whatever the sacrifices he may be called upon to make,
a man must not shrink from discharging that duty. It is
with this feeling, and remembering that my own duties
are already numerous and heavy, that I affirm that I would
rather support any other candidate whose principles were in
accordance, not with those of levellers and seditionists, but with
those avowed by the present Government of Queen Victoria. If
any man stood before you whose political views were as far
advanced as those maintained by Her Majesty's Ministers, I would
retire now at the eleventh hour and support that candidate. But
I cannot, with this determination, support the election of Mr.
Election for Sydney In 1854. 39
Kemp, who is emphatically the stagnant man of New South Wales.
Indeed, he is stagnation personified, and if you take him for your
member you will be thrown back a century in your political
history. I do not say this without having seriously considered
what Mr. Kemp's principles are, as expounded by himself during
this contest. I believe we can only advance in prosperity and
security by adopting those principles of political progress which
have, on more occasions than one, saved the mother country from
perdition. I believe that had it not been for the repeated
reforms in the institutions of England, she would have been
shaken to her foundations by the anarchy which has overwhelmed
other European states. Believing all this, and seeing that in
England at the present day the parliamentary representation of
the people comes more closely home to every man than it does
here, what on earth is there seditious, disloyal, or un-English, in
extending to every man in this country the right to which every
British subject is entitled 1 Yet this is regarded as the head and
front of my offending with the " Plutocracy" of New South Wales.
I shall now enter at some little length into an explanation of the
principles which will guide me, if elected to the Legislative
Council. I will not express that extravagant confidence of success
which Mr. Kemp has expressed. If I am not constituted your
representative, I shall not be very sorry for it, but if you do
commit your interests to me, it is only right that you
should know how I shall seek to discharge my duty. I
believe that the danger here will be in limiting, not in extending,
the power of the people ; for, as was justly remarked by my friend
Mr. Darvall the other evening when supporting me as a fit candi-
date, there are very few persons amongst us who do not possess
some stake in the country, or who have not the power to acquire
that stake. Seeing, then, that the means of obtaining property are
within the reach of every man of industrious habits ; seeing that
every man here can pursue a course which must lead to com-
petence or, at least, a position of comfort, I believe that the only
danger which can accrue to the country will and must result from
withholding that political power and those full privileges to which
the people are entitled as free-born Britons. I should therefore
use all my efforts, progressively — for I am fond of beginning with
little and improving by degrees — to extend to every free-born man
in this country, of unstained character and mature age, those
40 Speeches.
rights which I myself possess. With regard to the great question
of education, I have already declared myself, as systems at pre-
sent stand, in favour of the national system. But so much import-
ance do I attach to the work of mental training as the foundation
of every social virtue, that I should be prepared to support any
modification or alteration of that system which would more adapt
it to the peculiar wants of the remote, thinly-populated and
scattered districts of the colony. Some questions have been asked
of me as to my views on the construction of railways. I, with
every other man of common sense, believe that railways on a
gigantic scale should be at once commenced, whatever the
present cost, or whatever debt, within reasonable bounds, may
result to posterity. We must, however, see first that the work is
based upon sound principles, which if carried out will render the
railways permanently useful. In connection with the construc-
tion of better roads, I desire to explain that if I go into the
Legislature now or at any other time, I shall constantly bear in
mind the vast importance to the country of public works of all
descriptions. I shall give particular attention to the condition of
our harbours along the whole sea coast, to get the bars and other
natural obstructions removed, and thus to render their waters
navigable. I am informed that even in our own harbour many of
the bays are fast filling up, through want of efficient means of
protection. There is one thing in the political reforms of the
Constitution to which I promise, if elected, to give my best atten-
tion : I shall steadily exert myself to give this city a larger share
in the general representation than it at present possesses. The
bare idea that possibly I may, at four o'clock to-morrow after-
noon, be your representative, instead of stimulating me to feelings
of idle vanity, afflicts me with a deep sense of responsibility, and
of the difficult task which will be thrown upon me so to shape my
course as to be able to advance our infant liberties, and to be — with-
out the prospect of which I would not continue to hold my seat —
a valued member of the Legislature. If it should be my fortune
to be elected, and I should find myself an uninfluential member of the
House, my pride would not allow me to remain, whether you asked
me to resign or not. That pride would compel me to retreat from
a position for which I found myself unqualified, as much for my own
sake as for the character of the constituency. Having thus briefly
stated the reasons that have induced me to appear before you, and
Election for Sydney in 1854. 41
the principles by which I shall be guided, I have nothing more
to do than to impress upon you that if you desire to see a free
and prosperous country, to see a happy and virtuous population
spread over the length and breadth of the land, to see households
flourishing in places where now there is nothing but sterility and
barrenness, you will not vote for Charles Kemp. This reminds me of
some remarks made by Mr. Mort as to the value which the present
squatting system has been to the country. He told us, somewhat
irrelevantly, of cases of extreme hardship and even of absolute
ruin endured by some of those enterprising pioneers who have
penetrated the bush and been unsuccessful. Of all such great
enterprises, no doubt, painful circumstances in special cases
might be detailed ; but what has that to do with the system
itself] As to the squatters suffering from the want of labour, if,
instead of taking in past years from parsimonious motives
unsettled roving men who had no home, and therefore no induce-
ment to remain on their stations, they had planted families there,
and encouraged the system which nature clearly ordered in the
beginning, "they would have had a colonial -born population by this
time, and their servants would have been too deeply anchored
amongst them by domestic attachments to be tempted away,
even by the inducements of the goldfields. I am far from
being an enemy to the production of wool; I am as sensible
as my friend Mr. Mort is — though I do not derive from it the
splendid profits he does — of the vast importance our wool staple
is to the country. But if the growth of wool were dispersed
amongst more hands the production would be increased, and the
staple be finer and more valuable, and it would take a higher relative
standing in the markets of the world. I indignantly deny that I
desire to injure any class in the community. I would contend for
the rights of one man as soon as I would for another. I would
support the rights of the richest amongst you, but at the same time
with the same vigour, the same determination, the same energy, I
would support the rights of the humblest and poorest. So far
from being an instigator of class dissensions^ I have ever set
myself against class legislation of every kind. I would no more
truckle to the working classes than to the highest ; and at the
same time, I believe that among the lowest classes there is often to
be found the largest amount of virtue, the largest share of those
energies which are most valuable to a young country, and on which
42 Speeches.
every institution of the country must depend. It has been
alleged that I am mainly supported in this election by the labouring
and shop-keeping classes. I am proud of having the support of
these classes, but if we are to place the rank and file of our sup-
porters in array against each other, certainly I have on my side
an immeasurably greater amount of education, social standing, and
property than my opponent, for T have had the representatives
of some of the oldest and most respectable families in the colony,
members of the Legislature who are really ornaments of that
House, supporting my election, whereas my opponent has
gentlemen clinging round him with whom, only a week or
two ago, he would have been ashamed to associate. Depend
upon it, if Mr. Kemp remains in the country, his qualifications for
one particular side of the House are such that he will not remain
long without obtaining a seat in it. He is sure to be offered the
first nominee seat that becomes vacant. Gentlemen, I thank
you for the patience you have given me ; I have declined to
solicit a single vote, and if any man thinks in his conscience that
I am an unfit man, then, in the name of heaven, lelf him vote
against me. I ask for no such vote. I only say to you, exercise
your right of suffrage faithfully, holding it, as you do, for the
general good of the country. Elect the man whom calmly, deliber-
ately, and apart from all personal considerations, you believe to be
best fitted to promote the liberty and true interests of this young
and beautiful country. As to the result, I may be left in a
minority to-morrow. If that should be the case, my judgment
will be deceived without my feelings being wronged. If I know
this constituency after some years of experience, I shall be re-
turned by a triumphant majority.
STAT^ OF AGEICULTURE BEFORE
RESPONSIBLE GOYERNMENT.*
SPEECH
Delivered in the Legislative Council, July 3rd, 1855, on moving for appoint-
ment of " A Select Committee, to inquire into and report upon the
state of agriculture in the colony, with special reference to the raising
of wheaten grain, and to the causes of hindrance or failure in that
great industrial pursuit, whether arising from the social condition of
the people, the policy of the Government, or the physical character of
the country."
Mr. Parkes said — In submitting to the House the resolution
standing in his name, it was not his intention to occupy the
public time beyond what was necessary to state the reasons which,
as it appeared to him, should induce the House to grant the Com-
mittee now asked for. He had, for some few years past, been
much surprised that no motion relative to the agricultural con-
dition of the colony had been made in that House ; during last
session especially he had entertained this feeling, and expressed it
to several honourable members. It appeared to him to be,
if not a great neglect, at all events a strange oversight on
the part of those who directed the public affairs of the
country, that no attempt had been made to collect, in some
accessible and authoritative shape, such information as might
be obtained relative to so important a branch of our indus-
trial life, so intimately connected with the welfare of the
country. When we reflected that whatever might be the motives
* The experience of the last twenty years has abundantly proved that
extensive districts of New South Wales are as favourable for the growth of
wheat, and for general agricultural farming, as any part of the world.
Seventy bushels per acre are often obtained from wheat lands. At the
time when this speech was delivered it was, however, a common thing for
members of the then-existing Legislature to declare that the interior of the
colony was only fit for sheep farming.
44 Speeches.
to our private actions, whatever ends we might aim at in our public
conduct, those motives and those ends could not possibly be sepa-
rated from, and must depend upon, our relations withnour fellow-
creatures, it appeared exceedingly strange that the great question
as to what provision we possessed within ourselves for supplying
the population with the principal article of food had been almost
entirely left out of consideration. He thought it would not be
disputed that to be in such a state as we now were, without some
correct public statistics as to the supply of food from the soil, was
to be in a condition not at all in accordance with the public safety.
In the mother country the greatest possible attention was being
paid to the question of obtaining accurate information as to the
returns of wheat and grain, although even there the statistics ob-
tained were anything but of the trustworthy character that
could be hoped for. More recently, however, these had become
more correct, owing to attention having been directed towards
them by persons who considered these returns as of the utmost
importance to the public economy of the State. It must
be admitted that, whatever might be the circumstances of
happiness in which we were placed individually, these circum-
stances would lose all their importance to us if it were not for the
ministrations of the crowds round about us. However fertile and
however beautiful the country might be, if it were barren of
human life and activity beauty itself would become only another
name for desolation, and the very light of heaven would be fearful
to our eyes. This extensive city, so cheerful in the sunshine to-
day, with its streets of palaces, its thousands of secure homes, its
spacious marts and banks, would to-morrow, if population floated
away from it, present the awful aspect of the tomb. Seeing then
that our importance as individuals was in every respect just in
proportion to the progress of the population as a whole, the Legis-
lature and Government should pay every attention to supplying
the people with that great staple of food, the extreme scarcity of
which would be more severely felt in its consequences than the
sword of an enemy. At a time when flour was being sold at
from £55 to £60 per ton, when it was believed that there
was a very inadequate supply of this article of food in the
country, it seemed more than ever necessary that attention
should be paid to the subject. It might be urged, in reply
to his observations, in the usual set terms of one class of
Agriculture before Responsible Government. 45
persons, that the land of this country was unfit for agriculture.
But if, in reality, this country had been left deficient in this respect
by the Creator ; if the soil were proved to be incapable of pro-
ducing sufficient food for the people — why, then, that fact admitted,
it would be one of the strongest arguments for greater efi'orts to
mitigate, as far as the dictates of wisdom could mitigate, the effect
of so serious a barrier to- the advancement of the country in wealth
and power. At all events, no objection could reasonably be urged
against an endeavour being made to ascertain the truth in the
matter. If it were the case that the country was unsuited to the
prosecution of those agricultural pursuits which, in all really
prosperous countries, were of such magnitude and importance ;
and that grain could not, under any possible circumstances, be
produced in quantity adequate to the wants of the population, it
would be best that whatever information could be collected should
be brought together and published in a shape accessible to those
persons whose energies were likely to be turned in that direction.
Individual instances might be given of the failure of persons who
had settled on the lands of the country for agricultural purposes, but
such cases of failure might be accounted for by the spirit of neglect
and suppression which had been manifested towards this interest
in the public policy of the country. He was not disposed to take
up the time of the House by entering upon any charges against
other interests ; but it struck him that towards the present desti-
tution of the country a very great deal had been done, insidiously
and unknown to the public, and to some extent unconsciously by
the persons so acting, to depress the pursuit of agriculture on the
one hand, and to encourage that of pastoral occupation on the
other. He could give numerous instances to prove such had been
the case in the course of legislation in that House, and in the
conduct of the Government. One or two would be quite sufficient
to put the case in a very clear light. In the first place, then,
there had always been a greater facility and cheapness in obtaining
lands for occupation as pastures than in obtaining lands for culti-
vation. We were all aware that, while pasture lands were held on
a merely nominal rental, the other class of land was often bought
up at £10 per acre. The system in which the Surveyor-General's
department was managed tended largely to the same result. The
surveyors were employed by contract to prosecute their surveys, and
such was the want of proper organisation in the Survey
46 speeches.
department that these officers were frequently kept out of
remuneration for their labour for several months ; and they were
in many cases compelled to accept private engagements to support
themselves. Instances had come to his knowledge of surveyors
being obliged to undertake surveys of private properties because
they could not obtain payment for their services to the Govern-
ment. If this were the case, it would alone account for a great
portion of the difficulty which industrious persons had experienced
in securing lands for cultivation, because in such a state of things
those who were best off would receive first attention. It was also
found that laws had been passed by that House to facilitate the
borrowing of money by persons engaged in pastoral occupations,
while the pursuit of agriculture had obtained no such advantage.
The Lien on Wool Act was really copied from an act passed for
the West Indies, which was mainly intended to encourage the
cultivation of the land. But here the principle was perverted to a
species of class legislation for the exclusive advantage of the
squatters. If the agriculturist possessed one or two hundred
acres of wheat, worth from £1000 to .£2000, he could not
possibly obtain any similar assistance to provide for reaping
and housing his produce, and conveying it to market ; whereas,
if the same amount of capital and industry were directed
to pastoral pursuits, every possible facility would be afforded
to the person so engaged, the capitalist assisting him having
legally a preferent claim against other creditors on his pro-
perty. When it was seen that our legislation had been directed
to encourage the one pursuit and to place the other at a disadvan-
tage, sufficient was presented to our view to account for persons
being deterred from agricultural occupations. The bias he pointed
out had been manifest throughout the legislation of this
country, and the conduct of the Government had been marked by
the same neglect of the agricultural interest. Even in the Im-
pounding Act — which the honourable member (Mr. Nichols) pro-
posed to remodel this session — the freeholder was placed at a dis-
advantage ; he sometimes paid <£10 more on an acre for his farm
land ; and if the squatter's cattle trespassed on his farm he could
drive them to the pound and the squatter would be punished with
one shilling per head damages. But if the freeholder's cattle
were to stray upon the squatter's run, for which he paid only a
mere peppercorn rent, besides the usual damages he could charge
Agriculture before Responsible Government. 47
three shillings per head for driving them to the pound. Here was
protection given in favor of those engaged in pastoral pursuits to
four times the extent of what was allowed to the rest of the com-
munity. This was enough to show that the legislation of
that Council had been aimed at protecting the interests of this
particular party, fencing them round with special privileges, to the
neglect of interests equally important to the community. One
public benefit would certainly result from the labours of this
Committee if it were appointed, namely — the initiation of a
system of agricultural statistics. Such returns would be of great
use to persons engaged in commerce, as it was absolutely neces-
sary for merchants to be provided with correct information con-
cerning the country's produce. He would, with the permission of
the House, read a portion of a paper read before the Statistical
Society of London in February of last year by Mr. PauU, a
gentleman who had been all his life paying attention to the
subject. After explaining very clearly and fully the two systems
now adopted in the mother country, he proceeded to explain the
plan he would recommend himself for collecting the agricultural
statistics of Great Britain.
" In a statistical sense a nation is only an aggregate of parishes, as
parishes are of farms ; so that we have a sound means of obtaining the
corn statistics of all of them. Let us look at this in detail. We have a
terrier or particulars of every parish, with or without maps, and there are
in every parish some individuals distinguished for local knowledge in respect
of the parish lands ; men who, on looking at the particulars, can recognise
every field and its locality. Now, at given times of the year, that is to say
when the lands are bearing their crops ; a person so qualified could walk
over the parish, map and terrier in hand, and mark every field with its
visible crop ; and whilst this individual was so employed, the parish school-
master, or some other competent scribe, could prepare a copy of the parish
terrier, giving columns for every sort of grain and vegetable crop. Then
these two men, their mutual labour being so far advanced, should introduce
into its proper column the area of each field, and obtain a correct total for
every column. This done, I submit that they would have obtained safe
parish statistics, in so far as acreage and produce are cencerned.
But here an important question arises as to the ability of the indi-
viduals whom I thus propose to furnish the requisite information. In
answering this question, we must not allow ourselves to be prejudiced by
the personal appearance of the agriculturist or agricultural labourer ; we
must not allow the coarseness of his manners — if coarse they be — to blind
us to his intelligence, to the faculty always in him of declaring the average
produce per acre of his parish for any kind of grain or vegetable, and the
consequences of unusually good or bad seasons, as they affect the average
48 Speeches.
produce. After a life-long acquaintance with these men, I do not hesitate
to assert that this instinctive knowledge of theirs would be justified by
elaborate inquiries on the subject of parish produce. This fine faculty,
then, being in every parish, we need not go beyond its limits to find men
capable of declaring, at any point of the time that a particular crop takes
to reach maturity, what the result will be in respect of production, both
absolutely and with reference to the average produce ; and were such men
furnished by Government with skeleton-printed papers, comprising appro-
priate leading questions, with clear directions how to fill them up, I submit
that, by these simple means, our Government would have, year by year, safe
corn and vegetable statistics of produce from every parish."
Such persons might be found in those districts where it was known
that the cultivation of grain was most pursued, who would readily
perform this duty, and at a comparatively small cost to the State.
At the same time he would admit that the information would be
of no value whatever unless it were correct ; and it certainly
appeared that to employ such persons as were mostly engaged in
agriculture would be the most correct mode of obtaining the informa-
tion desired. If the House should see fit to grant this Committee,
the eliciting of such particulars as might help to originate a satis-
factory system would form one of the most important branches of
the inquiry. Whatever might prove to be the position of the
country as to the allegations so often made, that it was not able
to supply sufficient food for its population, notwithstanding the
immense extent of its territory, while bread was at so high a price
that it caused a large amount of distress in this very metropolis —
whatever might be the result of the inquiry, at all events let the
truth be known. This Committee ought to be granted, for it was
right that we should exactly know our condition. If the beggarly
character of our agricultural produce arose from physical draw-
backs, it was only right that the labouring population of this
country and of the mother country, especially the smaller indus-
trious capitalists, who form so valuable a class in all countries,
should be made to understand that it would be of no avail
to cultivate a soil which gave no guarantee from nature that
their efforts would be successful, and where the laws of the country
had been made with an utter forgetfulness of the objects of their
industry.
TAXATION AND FEEE TRADE.
[In the last session of the mixed nominee and elective Legislature
which existed before the introduction of Responsible Government,
several measures were proposed under the auspices of the late Mr.
Riddell and the present Sir William Manning, which were
strongly opposed to the principles of Free-trade. On the 5th July,
1855, Sir William Manning — then Solicitor-General — moved the
second reading of a Bill " to impose a tonnage duty on all vessels
entering the port of Newcastle, the money so raised to be devoted
to the purposes of constructing wharves and otherwise improving
the harbour of Newcastle, and facilitating the navigation of the
river Hunter to Morpeth and Maitland." The motion was opposed
by the late Sir Stuart Alexander Donaldson, who moved that the
Bill be read a second time that day six months. The original
motion, however, was carried by 20 votes against 15. Mr.
Parkes seconded and spoke in favour of the amendment,
and his short speech on the occasion is included in this
selection. The Bill was passed into law, and continued
in force until the year 1873, when it was repealed by
the Parkes Government. Among the members who advocated
the principle of the Bill was Sir James Martin, to whose
arguments reference is made by Mr. Parkes. While this Bill
was under consideration, the Governor-General (Sir William
Denison) sent to the Council a financial minute of unusual length
and character, submitting the Estimates of expenditure and
revenue, which were largely in excess of those of former years.
As the amount reserved by the then existing Constitution Act
for the civil departments was found, in consequence of the rise in
prices caused by the discovery of gold and from other causes, to
be insufiicient by the large amount of £54,763, the Governor-
General submitted the " reserved schedules," with the other
Estimates, to the Council.* Other partial concessions were made,
and at the same time large appropriations were proposed for
public works. To meet the increased expenditure, new means of
*By the schedules of the Constitution Act of that day, the appropriations
for the departments of the Government were placed beyond the control of
the Legislature. The first election under the present Constitution took
place in 1856.
E
50 " Speeches.
taxation were required, and the three courses that suggested them-
selves to the Government were thus explained by Sir William
Denison's minute : — " First, the imposition of an ad valorem duty
upon all imports; second, an ad valorem duty upon articles of
luxury, such as silks, &c.; third, a general increase in the rate of
charge upon the articles in the present tariff, and the imposition
of duties upon certain other articles of extensive consumption,
where the charge could be determined according to the weight or
bulk of the article without any direct reference to the value."
The debate opened by the Colonial Treasurer's statement on the
financial state of the colony, commenced July 12th, and occupied
five nights. It was proposed by the Solicitor-General (now Sir
William Manning) to refer the Estimates to the consideration of
a Select Committee, and an amendment was moved by Mr. (now
Sir James) Martin against entertaining the consideration of the
schedules, as not being within the competent power of the Legis-
lative Council. This amendment was negatived by 32 to 10.
Mr. Parkes spoke on the fourth night of the debate, and the
speech giving his opinions at some length on finance and taxation,
and also exposing the wasteful character of the public expenditure
twenty years ago, is here included.]
SPEECH
Delivered in the Legislative Council, July 5th, 1855.
Mk. Parkes said he intended to vote for the amendment, and he
thought every sincere advocate of free-trade must oppose the
present measure. Notwithstanding what had been said by one
honourable member (Mr. Martin), who had ever appeared as the
champion of protection — and who, in fact, was in himself the
protectionist party in that House — he regarded the Bill as adverse
to the principles of free-trade. What was the object of that
policy but to leave the commerce of the country as free as possible
— not with reference to the particular classes engaged in trading
pursuits, but for the promotion of the general trade by which all
were equally benefited 1 Now, the measure before them sought
to effect its object by placing a restriction on trade. And it was
absurd to attempt to support this proposal in the manner of the
honourable the Colonial Secretary, by saying it was carrying out
a species of self-imposed taxation. Why, it was the House that
was endeavouring to tax the people of Newcastle, if it could be
considered as a tax on them at all. The only way to let them tax
themselves was to give them corporate powers of taxation for
Taxation and Free Trade. 51
local purposes, not by a Bill like the present measure. But, in
point of fact, this would be a tax, not on the people of Newcastle,
but upon the owners of vessels trading to their port, and it would
tend to cripple their trade ; and if Newcastle suffered the colony
at large would suffer in consequence. On the other hand, if
Newcastle were benefited in her trade by the improve-
ments contemplated, the benefits would not in their con-
sequences be confined to Newcastle, but would extend to
the whole colony; and therefore, the expense, as he thought,
should be met from the general revenue. He agreed with
the principles enunciated in this respect by the honourable and
reverend member for Stanley (Dr. Lang), that works of a national
character, like the improvements of our ports and navigable rivers,
should be carried out at the expense of the country. If the
revenue were not sufficient, then some new mode of taxation based
on sound and comprehensive principles should be devised, which
would fall with just equality on the general wealth and industry
of the nation. The improvement of the navigation of the Hunter
would not be for the sole advantage of the people of Newcastle ;
for, with the increasing trade of the Hunter, the commercial
operations of the colony would also be increased. If they im-
posed a tonnage duty in the port of Newcastle, how long could
they keep a similar duty from the port of Sydney 1 He regarded
the present measure with suspicion, as one that was the fore-
runner of other measures opposed to those principles of free-trade
which had been laid down by the House. He gave the
honourable member for Cook and Westmoreland every credit for
consistency in the course which he had pursued that night, as it
was in accordance with the views he had always entertained.
But he was surprised to see the Bill supported by the enlightened
member of the Government who Jbad introduced it to the House.
SPEECH
Delivered in the Legislative Council, July 25th, 1855.
Mr. Parkes : In the course of the debate that night the honour-
able member for Durham* had remarked that, if there should be a
*Sir Charles Cowper, K.C.M.G.
E 2
52 Speeches.
division upon tlie amendment before the House, it would be the
most singular division that had ever taken place. Certainly he
should for his part divide against the honourable member in this
instance, much as he desired on all occasions to be on the same
^ide with him ; for, if the amendment were assented to by the
House, they would in his humble judgment be led into an error
— an error of grave consequence to the whole country, as far as
its legislation was concerned. In addressing himself to the
important subject brought before them by the motion of the
honourable the Colonial Treasurer, he admitted at once that the
time had now arrived when this country ought to be prepared —
when it was the duty of that House to prepare the people — to
submit to an increased taxation. The interests of the country
demanded that a much larger revenue should be raised, in order
to carry out those important works which were so necessary to
the development of the resources of the country; and it was
impossible to execute those works without, to some extent,
throwing a burden upon posterity. But while he was of opinion
that it was the duty of the people to submit to a much larger
expenditure, he disapproved altogether of the manner in which
the Governor-General proposed to raise the additional revenue.
Before proceeding to a full consideration of this topic he would,
in support of his view of the advantages of an adequate revenue
from taxation, so long as it was strictly and intelligently limited
by the actual necessities of the public, read a short passage from
the well-known work of Mr. John Stuart Mill, whose words he
thought were closely applicable to the present case : —
" That part of the public expenditure which is devoted to the maintenance
of civil and military establishments is still, in many cases, unnecessarily
profuse ; but though many of the items will bear great reduction, others
certainly require increase. There is hardly any public reform or improve-
ment of the first rank proposed of late years, and still remaining to be
effected, which would not probably require, at least for a time, an increased
instead of a diminished appropriation of public money. "Whether the
object be popular education ; emigration and colonisation ; a more efficient
and accessible administration of justice ; a more judicious treatment of
criminals ; improvements in the condition of soldiers and sailors ; a more
effective police ; reforms of any kind which, like the slave emancipation,
require compensation to individual interests ; or, finally, what is as
important as any of these — the establishment of a sufficient staff of able
and highly-educated public servants, to conduct in a better than the present
awkward manner the business of legislation and administration. Every
Taxation and Free Trade. 53
one of these things implies considerable expense ; and many of them have
again and again been prevented by the reluctance which exists to apply to
Parliament for an increased grant of public money, though the cost would
be repaid — often a hundredfold — in more pecuniary advantages to the
community generally. I fear that we should have to wait long for most
of these things, if taxation were as odious as it probably would be if it were
exclusively direct."
This eminent writer was here speaking in favour of a system
of mixed taxation, but he thought that his remarks applied to the
present circumstances of the colony, in the view which he took
of the duty of the Legislature to prepare the people to sub-
mit to a larger taxation in order that they might advance in
public improvement. But with respect to the manner in which
it was proposed to increase the revenue of the country, he entirely
objected to it. He thought that the proposals of His Excellency the
Governor-General were to all intents and purposes of a distinctly
protectionist character ; that, in fact, they were in every respect
opposed to the principles of free-trade. They were in some
instances so unwisely in opposition to free-trade principles that
he believed that, even if they were sanctioned by the House, they
would defeat their own ends for all purposes of revenue. As
examples of this, he would mention the proposed taxes upon soap
and candles ; the tax of 4s. per cwt. upon soap and that of 18s. 8d.
per cwt. upon candles would prove, in effect, a large protectionist
duty in favour of the home manufacturers. These taxes, if
imposed, would entirely fail in their purpose, and no revenue
would be derived from them, as the importation of the taxed
articles would for the most part cease. Then as to the proposed
tax upon salt, he had been informed on good authority that the
colony exported in 1854: no less than 180,000 raw hides, or 89,562
cwt. Now in the preparation of those hides 14 lbs. of salt were
required to each, and thus it would be seen that a tax upon salt
would actually be an export duty of 3d. per hide on our own pro-
duce. It was easy to perceive the evil effects which a tax of this
description would have upon the public generally, and it seemed
strange to him that such a duty — a duty in fact upon one of the com-
monest necessaries — should have been thought of at all. He be-
lieved that the intentions of His Excellency the present Governor-
General were of the purest and best ; from the time of his arrival
he had always given him credit for an earnest desire to govern the
country well; and he therefore the more deeply regretted that
54 Speeches.
His Excellency had now taken a course which must bring him
into some degree of disfavour, and was not unlikely to embroil
him with the House. He thought the time had arrived — and in
this respect he could not altogether agree with the opinion put
forth by the honourable member for the Sydney Hamlets (Mr.
Donaldson), to the effect that the tariff of 1852 should be con-
sidered a finality; although he fully admitted that that tariff was
a great step in the right direction — he thought, he said, that the
time had arrived when the broad principles of free-trade which
had been so successful in the mother-country, and which were
rapidly gaining ground in all countries of a commercial standing,
should be adopted in this colony to the fullest extent. The
tariff of 1852 was however in some degree protectionist ; he
found, for instance, that there was a duty imposed upon wine,
which it was hard to reconcile with the principle that taxes
should be imposed only for the purposes of revenue. He was so
far from thinking that the mode of raising revenue was unex-
ceptionable, that he believed the time had now arrived when they
should follow the example of England, and as far as possible
raise their additional revenue by new modes of taxation. Until
that good time arrived, which was looked forward to by many,
when the enlightenment of men and the improved condition
of society would admit of the abolition of customs duties
altogether, the idea which had entered the minds of the
financiers of England was, that every step further should be taken
in the path that led towards direct taxation. Even in the
recent war budget of Sir George Cornewall Lewis this was the
characteristic ; and though the new Chancellor of the Exchequer
had resorted to the customs for an increase on several commodities
of consumption, yet it was observable in the proceedings of
Parliament that the members of highest financial reputation
strongly protested against this feature of the Government scheme.
He (Mr. Parkes) would confess he had to a considerable extent
fallen in with the views of the honourable member for Cumber-
land with regard to the imposition of a stamp duty. He believed
that at the present juncture such a duty would be the most
politic and statesmanlike mode of taxation that could be resorted
to. How was it that the Government had not suggested the
expediency of an income tax 1 He ventured to express a hope that
on a future day when there should be in the country a Legislature
Taxation and Free Trade. 55
capable of entertaining such a proposal, the propriety of adopting
a land tax would be considered. Such a tax he had no doubt
would work as beneficially in this colony as a similar tax had
worked in the United States of America. Apart from the
question of revenue this kind of direct taxation would prove
most beneficial to the colony, by preventing that system
of speculation in land which had been well described by
Earl Grey as a system most disastrous to the settlement of
young countries. A land tax would prove most beneficial by
forcing land into cultivation and general use, and so stimulating
improvement that would react in enhancing the value of all
classes of property. Such had been the result of a land tax in
the United States, and he did not see why a similar result should
not follow here. With regard to what had been said by some of
the speakers who addressed the House on former evenings, as to
the wisdom of imposing a duty on those articles which were
deemed articles of luxury, he noticed that tobacco and ardent
spirits were alluded to in a manner indicating that these
articles ought to be selected for an increased duty. In reply
to the arguments which had been adduced in support of those
views, he would simply quote a passage from the eminent
economist whom he had previously cited as an authority. Mr.
Stuart Mill said : —
"There is, however, a frequent plea in support of indirect taxation
which must be altogether rejected as grounded on a fallacy. We are
often told that taxes on commodities are less burdensome than other
taxes, because the contributor can escape from them by ceasing to use the
taxed commodity. He certainly can, if that be his object, deprive the
Government of the money ; but he does so by a sacrifice of his own
indulgences, which, if he chose to undergo it, would equally make up to
him for the same amount taken from him by direct taxation. Suppose a
tax be laid on wine sufficient to add £5 to the price of the quantity of wine
which he consumes in a year ; he has only, we are told, to diminish his
consumption of wine by £5, and he escapes the burden. True ; but if the
£5, instead of being laid on wine, had been taken from him by an income-
tax, he could, by expending £5 less on wine, equally save the amount of the
tax, so that the difference between the two cases is really illusory. If the
Government takes from the contributor £5 a year — whether in one way or
another — exactly that amount must be retrenched from his consumption to
leave him as well off as before ; and, in either way, the same amount of
sacrifice — neither more nor less — is imposed on him."
In addition to this argument it seemed to him to be
an extraordinary policy to raise the revenue of the country
5 6 Speeches.
from commodities which, at the same time, it was sought
to drive out of consumption. No one would deny that it
was opposed to the advancement of the public morals and
detrimental to the increase of our national wealth that spirits
and tobacco should be extensively used, and it therefore
seemed to him to be an extraordinary line of argument to urge
that on these articles especially should , depend the revenue of the
the country. If morality advanced, the very elements from which
the revenue was derived would be correspondingly impaired. If
on the other hand the revenue prospered, it was evident that it
would be at the cost of the public morality. Again, if the revenue
prospered, the public expenditure would necessarily increase by
reason of the spread of vice and crime which must be the conse-
quence of increased consumption. The honourable the Chairman
of Committees (Mr. Parker)* had laid before the House the true
principles on which all taxation should be based — the principle
that taxes should be imposed so as to press proportionately on
all classes according to their means to bear the burden ; and that,
in the second place, they should be collected in such a way as
that they would be least sensibly felt. These were the principles
which had of late years guided legislation in England, and
these were the principles which had been carried into eflfect,
so far as the intelligence of the times and the circumstances
of the country would permit, under the guidance of Sir
Robert Peel. With regard to the proposed assessment on
stock, he confessed that his mind was not clearly decided as to
this means of raising revenue. He admitted that there was con-
siderable force in the objections of the honourable member for the
Sydney Hamlets, that such a proposal savoured of class-legislation.
On the other hand, however, the squatters held a different position
from all other classes of the people. They were tenants of the
Crown — in no respect holding the position of freeholders or
ordinary leaseholders — but occupying immense tracts of land
which belonged to the whole body of the people. Now if those
lands were held at a price altogether disproportionate to their
value — and that such was the fact had been admitted by honourable
members known to be the organs of the squatters in that House —
by the honourable member for the Murrumbidgee, and by one or
two honourable members known to be extensively connected with
* Now Sir Henry Watson Parker.
Taxation and Free Trade. 57
the squatting interests — if, he said, it were admitted that the
squatters were thus deriving advantages from the occupation
of the public lands altogether disproportionate to the amount
they paid towards the general revenue, then he thought the
proposal for an assessment on stock might very reasonably be
entertained.
Mr. G. Macleay rose to explain : What he said was, that the
amount paid by the squatters was somewhat disproportionate, not
that their contributions to the revenue were altogether dispropor-
tionate.
Mr. Parkes resumed : At all events he understood that it was
admitted on all hands that the squatters should bear a larger share
of the public burdens ; and if no other means of increasing their
contributions to the State, and no other mode of raising the
required revenue presented itself, he should give his assent to the
levying of the proposed assessment, although on other grounds he
might object to it as opposed to correct principles. With
regard to the future mode of dealing with the Estimates — towards
which the amendment before the House was directed — he took a
different view from the honourable member for Durham as to the
manner in which the proposal of the Governor-General, to submit
the reserved schedules to the consideration of the House, should
be received. He was inclined to adopt the ruling of the honour-
able and learned Attorney- General* on the point that there was
sufficient power given by the 18th section of the Constitution Act
in regard to this matter. He could by no means submit to the
doctrine of the honourable member for Cook and Westmore-
land (Mr. Martin), that a despatch from the Colonial Office
could override an Act of Parliament. If this were a correct
view, they would not be safe even under their new Constitution
Act itself. If a despatch could define away the provisions of an
Act of Parliament, they might possibly have a despatch sent out
hereafter declaring that their miniature House of Lords should
— in spite of the Constitution — be elected by democratic constitu-
encies. But whatever might be the nature and effect of any
despatch from the Secretary of State, it was certain that the
Governor-General, who was in constant communication with the
Colonial Office, was in a better position to put a proper construction
on the terms of any such despatch than any member of the House.
* The late Mr. John Hubert Plunket.
58 speeches.
If His Excellency thought he was justified in submitting to the
Council, to be dealt with in good faith, those portions of the public
expenditure which had hitherto been reserved under the schedules,
he for one was prepared in equally good faith to meet the pro-
posal ; and he thought the House would be guilty of a great dere-
liction of duty if they threw any impediment in the way of the
proposal. So far from assenting to the amendment before the
House, he should be more inclined to assent to a resolution of
which the following was a draft : —
" That this House, in resolving itself into a committee of the whole, for
the consideration of the Estimates, desires to express its acknowledgment
of the constitutional principles which His Excellency the Governor- General
has acted upon, in submitting unreservedly to the disposal of the Council
the sums reserved by the schedules of the Constitution Act 1, 2, 3. In
meeting this concession on the part of His Excellency with the same feeling
of good faith in which it has been made, this House pledges itself that,
while it will make proper provision for the efficiency of the public service,
it will use its utmost efforts to enforce that strict economy which it believes
His Excellency anxiously desires."
He would be much more inclined to go into committee on the
Estimates, with some such clear exposition of the spirit in which
the House received the schedules as that contained in the
draft resolution he had read, than with the adoption of the
amendment before the House. He believed it would be
advantageous to the country to raise an increased revenue,
provided such revenue were limited to the amounts actually re-
quired for the necessary expenditure in carrying out great public
improvements, and for rendering the Government more efficient.
But under all the circumstances of the time, and looking
to the unsatisfactory state in which they found several of
the subordinate departments of the Governmient, he thought it
would have been well had the Governor-General*' applied a larger
amount of his zeal and energy to discovering those departments
where a greater economy might readily be enforced. There were
several branches of the public service which might readily be
pared down ; and others wherein efficient and useful men might
be substituted for men who were notoriously inefficient anti
useless. He thought it would have been more creditable to His
* Before the introduction of Kesponsible Government the Governor was
in reality the sole Executive Administrator, and the heads of Departments
appointed by the Imperial Government were his officers rather than his
Ministers.
Taxation and Free Trade. 59
Excellency had he devoted a larger amount of attention than he
appeared to have bestowed in discovering how the public revenue
had heretofore been misapplied. Had such an investigation taken
place, much cause for complaint would have been brought to light.
In support of these assertions he would call the attention of the
House to a few items which he had chosen at random, and in
connexion with which he had been at some trouble to inform
himself. In the first place, he would refer to the expenditure on
account of the anchors, chain-cable, hawsers, and other things
required for the port of Newcastle, for which he found a total
sum of £1363 18s. 7d. asked for in the Supplementary Estimates.
Of the anchors which had been sent to Newcastle he had
ascertained that five had been lying on the wharf at the Cove
for a number of years, and by previous use and natural decay
they were worn so as to be now not more than two- thirds of their
original weight ; so useless were they for the purpose for which
they were intended that in the process of bending one of the
flukes, which was necessary for the purpose of sinking, one of
them gave way at the crown. He understood from authority
derived from several sources that the market value of five of
these six anchors was about £11 5s. each; the remaining one being
worth about £40. The cost of the chain-cable, anchors, buoys,
hawsers, &c., was £853 18s. 9d. Now this chain-cable was a
very formidable afiair, fitted for a 74-gun line-of-battle ship. It
was 140 fathoms in length; its weight was 2| cwt. per fathom;
and altogether it was so monstrously disproportioned to the
anchors and buoys that it would sink the buoys, and so render the
whole apparatus useless for the purposes for which it was
designed. Besides, it was laid down in such an extraordinary
manner that it endangered the vessels trading to the Hunter, and
was thus calculated to be of enormous injury instead of advantage.
It being laid across the channel, vessels arriving at the port were
in danger of hooking it with their anchors and thus losing them.
Among these items he found £160 for a life-boat. Now he
believed that any possible life-boat on the best and most improved
principle — that by which the vessel, if she filled with water,
could empty and right herself — would be built by any boat-builder
in Sydney for £100. Then there was a patent winch, for which
he found the sum of £800 set down. He would ask any mem-
ber of the House, he would ask any gentleman who had any
6o Speeches.
knowledge of the subject, whether he thought a patent winch
could possibly cost £300. The winch had not yet gone, he
believed, nor had the life-boat ; but there were sums set down for
them which seemed to him preposterously high. In the works
to which he had referred double the money necessary had been
expended ; and the work had been done so badly that it would
have been far better left undone. There was another item which
to him seemed preposterous — £100 for the conveyance of a boat's
crew of six men from Sydney to Port Curtis — a sum that would
convey the same number of men to any part of the world. Another
point to which he would direct attention was in reference to the
celebrated gunboat " Spitfire. " He found from a source of
inquiry upon which he had every reason to rely that this
gunboat cost the Government some £1500. Now there was
at the present time lying off Balmain a boat that would
answer the purposes required just as well as the ''Spitfire," was
nearly the size, and which he or any other person could buy for
£300 — a boat built in the best possible manner, coppered, sparred,
and with everything in a state of completion, except rigging.
Knowing this, and knowing that nearly £1500 had been paid for
the " Spitfire," he could not possibly conceive otherwise than that
there had been great neglect, if not something worse, in the manner
in which the public money had been expended. There was another
case to which he had paid some attention, that of the " Bramble "
tender. Last year a sum of money had been voted for converting
the *' Bramble " into a lightship for Moreton Bay. This,
however, was not carried into efiect, but a vessel was purchased
for the purpose. The sum of £1000 was paid to Mr. Want for
the yacht called the " Pearl." Now it would strike any person
at all conversant with the matter that the yacht " Pearl " was
about the least suitable for the purpose of any vessel in the
colony; yet £1000 was paid to Mr. Want for this vessel at
the very time when, owing to the depression in the coasting
trade and other causes, fifty vessels might have been purchased,
any one of which would have been more suitable in every respect
and would have cost far less.
The Colonial Secretaky begged to correct the honourable
member for Sydney. The " Pearl" was not bought for a light-
ship, she was bought for the purpose of being used to examine
buoys, to take pilots out to sea, and other similar purposes.
Taxation and Free Trade. 6r
Mr. Parkes : Perhaps he might be so far wrong; but the
honourable the Colonial Secretary would admit, that £1000 was
paid for the vessel ; and even for the purposes the honourable the
Colonial Secretary had mentioned, he had no doubt that a far
more suitable vessel could have been bought for a much
smaller sum. Another item was the provision of mooring chains
and buoys for Kiama. He had never been to Kiama, but he
believed it was a harbour where the sea broke in with great violence.
Those chains and buoys were now lying at the Phoenix Wharf.
He had walked down that morning to see them, and he believed
that any person shod with a strong boot could kick in the ends of
the buoys. They were very small — about two feet long only —
a child might almost carry them away. Two or three gentle-
men who were present — one of them a gentleman intimately
known to the honourable and learned the Solicitor-General —
had agreed with him in opinion that the money expended on
these buoys might just as well have been thrown into the sea. He
would give another instance, and it should be the last he would
adduce, in which he thought he should be able to show clearly
that there had been most unwarrantable and improvident
expenditure of the public money. He referred to the establish-
ment at Port Curtis. He would not unnecessarily detain the
House, but would state briefly the facts of the case. On the 1 8th
June 1853 a surveying party of twenty persons landed at
Port Curtis, and for four months afterwards there was no other
person at that place, and there was no station nearer than Mr.
Little's station, distant about 60 miles. In November a party of
twelve native police under the command of a lieutenant arrived ;
and a short time after that a Mr. Palmer arrived from Wide Bay
and commenced a store. Thus, in the beginning of last year, as
he was informed from various sources on which he could rely,
there were at Port Curtis only the surveying party of twenty,
twelve native police, and two storekeepers. In less than three
months afterwards, however, on the 24th March, the Govern-
ment Resident arrived in the "Tom Tough"; and to show the
importance of the place, when Captain O'Connell arrived there
with a salary of £675, including the temporary increase; — as it
was called ; but, as he called it, the permanent increase — he held
in his hand a return signed by the chief constable on the 24th
May, two months afterwards, which represented the popula-
62 Speeches.
tioA as follows : — Males, 2 1 ; females, 1 1 ; children, 25. These
fifty-seven persons, nearly the whole of whom were in the
employ of the Government, constituted the Utopia over which
Captain O'Connell was appointed Government Resident. Now
they were called upon to vote in salaries alone at this
establishment, during the present year, upwards of .£3300
(and he was not sure that he had got all the salaries),
besides clothing, ammunition, and other items, and heavy
sums for the public works. Then again, with respect to the
" Tom Tough," there was something curious connected with the
history of that vessel. She was chartered at an expense to the
country of £350 per month besides passage and sustenance
money. She arrived at Port Curtis with the Government
Resident on the 24th March last year ; and she lay there doing
nothing till the 12th July — three months and a half. She was
then sent back to Sydney, the settlement being in want of supplies,
and again returned to Port Curtis, where she arrived on the 23rd
A.ugust, after which she lay at anchor for another month. On
the 23rd September, she was sent to Wide Bay; and for what
purpose did honourable gentlemen suppose she was sent thither 1
To carry six or eight labourers to cut timber ! And during
the time they were cutting the timber the ** Tom Tough"
still lay waiting, at the cost of £350 per month. She eventually
returned with the timber to Port Curtis, where it still lies,
or at least did a month or two ago, just as it was landed
and stacked on the beach. It seemed that this timber was
wanted for no purpose whatsoever ; and it appeared to him
that it was a fair inference to conclude that the vessel was
sent away on that occasion because the Government Resident was
ashamed, even in the presence of the little community over which
he presided, to allow her to lie at Port Curtis any longer. Among
the sums they were asked to vote for that pet settlement was one
of £676 10s 6d., besides rations, for a boat's crew; and this was
the boat's crew for whose passage they were to pay £100. As far
as he could learn the boat's crew had done nothing except collect
oysters, eatch fish, and now and then go out with a picnic party.
They had never sounded a single inch of the waters there — never
gone out to assist any vessel, notwithstanding that the steamer
" William Miskin" had twice been ashore — never performed any
duty whatever that might naturally be expected from them. A
Taxation and Free Trade. 63
word or two with regard to the " William Miskin." This
steamer was laid on for Port Curtis, on condition of the Govern-
ment paying a subsidy of £150 or <£200 per month. A steamer,
with this heavy subsidy, trading to a place where there was no popu-
lation! And the advantages to be derived from the steamer
might be estimated from the fact that on her last trip she was
about thirty days on the passage, whilst the passages of a
number of sailing vessels, the particulars of which he had col-
lected, showed that on the average they occupied scarcely more
than half the time. In reference once more to the boat's crew
he should have stated — and he had no doubt some member of the
Government would correct him if he were wrong — he should have
stated that this boat's crew, which was placed at the disposal of
the Government Resident for the use of the establishment, had
entered into an agreement while in Sydney by the terms of which
they engaged to work on shore ; and the way in which this clause
was carried out was by the employment of the men in the erection
of stockyards for the use of private persons. This brought
him to another feature in this most shameful and unwarrantable
waste of the public money. They were asked in the Supple-
mentary Estimates to vote £3000 for constructing a dam for
preserving fresh water at Port Curtis, in addition to another item
of £757 18s. in the Estimates for 1856 for a similar purpose ;
making a total of nearly £4000 for the supply of fresh water to the
settlement. And at the very time when the settlement was
suffering from the want of water, there were kept there 300 horses,
150 head of cattle, and 1000 sheep belonging to private persons,
which consumed more than a thousand buckets of water a-day.
This exposure of what was going on led him to yet another feature
in the character of transactions at Port Curtis. The sheep to
which he had referred were sold to the clerk of the Bench,
who kept a butcher's shop, and by whom they were regularly
slaughtered and supplied to the Government people. When
the settlement was first formed a person put up a store on
Government land, and shortly afterwards he was made aware that
on that account the building was legally forfeited ; but it was
politely intimated to him at the same time that he was at liberty
to sell it, and it was ultimately purchased for the purpose of
being converted into a kitchen and stable for the use of a private
family. After a short time, however, it was found tliat the white
64 speeches.
ants had got into the wood of which the store was constructed ;
it was then suddenly discovered that the store was admirably
suited for a court-house, a court-house it was accordingly made,
and had been used for the purposes of a court-house until very
lately. Now when they were asked to vote the sum of £10,000
for this pet settlement — which there really seemed great reason to
suppose was hit upon to find a comfortable situation for a gentle-
man who was, he admitted, the son of a meritorious officer and a
respectable colonist — he thought there was an unanswerable charge
against the Government of recklessness, if not of profligacy, in
the expenditure of the public money. With such instances
before them, they had a right to complain that greater care
had not been exercised by the Government in reducing the
expenditure before proceeding to tax their salt, their soap, and
their means of light. As he had said before, he was disposed to take
the schedules and to deal with them in all good faith to the
country, and in a thoroughly just and candid spirit to make every
proper provision for the public service ; the House exercising its
judgment as to where retrenchment was required, and taking
means to place the public service in a thoroughly sound and
useful state. There was one special reason why he would accept
the surrender of these schedules. They had at the present time
three high administrative officers, whose tenure of office was a
matter of colonial arrangement on the spot. The honourable
gentleman at the head of the Government— Mr. Riddell — was an
acting Colonial Secretary, and his temporary promotion gave them
an acting Colonial Treasurer and an acting Auditor-General. He
should be sorry to attempt a pun in the matter, but he could
not help observing that they had in reality in the House three
acting officials, and not one active officer. No merely Imperial
authority would protect these officers in their present positions ;
and the House would have an opportunity of correcting the
mischief that was done by the shuffling of the official cards when
Mr. Thomson left the colony on his visit to Europe. They might
be able, possibly, to force back to the Audit Office the present acting
Colonial Treasurer, and to restore to the Treasury its rightful occu-
pant, leaving His Excellency the Governor-General to fill the tem-
porary vacancy at the head as he might think fit. He could not
leave the subject without adverting to a passage in the speech of the
honourable member for Cook and Westmoreland, in relation to the
Taxation and Free Trade. 65
character of the late Sir Robert Peel. It was a privilege which
Englishmen valued more than any other that they were all the pro-
tectors of the reputation of the common benefactors of their coun-
try, and he for one would not permit a wanton attack on the
character of that great statesman to go forth to the world from
an English Legislature without raising his voice against it. The
honourable gentleman had characterised Sir Robert Peel's great
service in the repeal of the Corn Laws as a mere yielding to the
clamour of the people at the time, and had asserted that he
continued until his death to hold the opinions which he had held
in former years, before the avowed change in his policy. There
could scarcely be a more serious charge made against the character of
a public man. With the permission of the House he would read a
short passage from one of the speeches of Sir Robert Peel, which
would show with what earnestness and sincerity he acted. These
words of Sir Robert Peel, in the most clear and unanswerable
language, gave the sanction of that great statesman's authority to
the principles which he (Mr. Parkes) had attempted to impress
upon the House that night. Sir Robert Peel, on the second
reading of his immortal measure (on the 27th March 1846), said
in the course of his speech : —
I have not overlooked the circumstance that, respecting this Bill, it has
been said to be a good political manoeuvre on my part. Now I ask, what
possible advantage can a Bill like this confer upon me as an individual ? I
know I have been taunted, and have more than once been told, that my
days as a Minister are numbered. But I have introduced this measure, not
for the purpose of prolonging my Ministerial existence, but for the purpose
of averting a great national calamity, and for the purpose of sustaining
a great public interest. I am quite aware of the fact that more than once
I have been asked how long I can reckon upon the support of those
honourable gentlemen opposite, without whose votes I could not hope to
carry this Bill through the House — how long, in fact, I can reckon
upon enjoying their support with respect to other subjects ? I know, as
well as those who taunt me, that I have not any right to the support or
confidence of those honourable members. I acknowledge — and I admit
that acknowledgment with perfect sincerity and plainness — that they have
supported me in passing this measure, if it will pass into a law. I do not
say this as a private man. I do not, on private grounds, attach importance
to it ; but I feel and acknowledge every proper obligation to them, as a
public man, for the support which they have given to this measure, and
for studiously avoiding everything calculated to create embarrassment to its
progress ; but then our differences remain the same. I have, sir, no right
to claim their support, nor their protection ; nor, I will fairly admit, shall I
seek it by departing in the slightest degree from that course which my
F
66 Speeches.
public duty may urge me to adopt. If this measure pass, our temporary
connexion is at an end; but I have not the slightest right to expect
support or forbearance from them ; still less have I, after the declarations
that have been made, a right to expect forbearance or support from this side
of the House. Well, then, that being the case — it being the fact that
there are but 112 members to support me — then I might be asked what
great measures of national policy I can expect to pursue with these 112
members, constituting, as they do, but a little more than one-sixth of the
House of Commons. I am not, I say, surprised to hear honourable members
predict that my tenure of power is short. But let us pass this measure ;
and, while it is in progress, let me request of you to suspend your indig-
nation. This measure being once passed, you on this side, and you on that ,
side of the House, may adopt whatever measures you think proper for the
purpose of terminating my political existence. I assure you I deplore the
loss of your confidence much more than I shall deplore the loss of political
power. The accusations which you prefer against me are, on this account,
harmless, because I feel that they are unjust. Every man has, within his
own bosom and conscience, the scales which determine the real weight of
reproach ; and if I had acted from any corrupt or unworthy motives, one-
tenth part of the accusations you have levelled against me would have been
fatal to my peace and my existence. When I do fall, I shall have the
satisfaction of reflecting that I do not fall because I have shown subser-
vience to a party. I shall not fall because I preferred the interests of party
to the general interests of the community ; and I shall carry with me the
satisfaction of reflecting that, during the course of my official career, my
object has been to mitigate monopoly, to increase the demand for industry,
to remove restrictions upon commerce, to equalise the burden of taxation,
and to ameliorate the condition of those who labour."
He would ask whether that was the language of a man who could
have any purpose in acting upon his opinions excepting the single
desire of discharging what he conscientiously felt to be a solemn
duty? Was that the language of a man who could be suspected
of hidden motives on that memorable occasion 1 The passage he
had read in very forcible terms proclaimed the principles which
he had endeavoured that night to maintain. Then, on the third
reading of the Corn Law Repeal Bill on the 15th May 1846, Sir
Robert Peel re-asserted these principles in still more clear and
expressive language : —
" My earnest wish has been, during my tenure of power, to impress the
people of this country with a belief that the Legislature was animated by a
sincere desire to frame its legislation upon the principles of equity and
justice. I have a strong belief that the greatest object which we or any
other Government can contemplate should be to elevate the social condition
of that class of the people with whom we are brought into no direct relation-
ship, by the exercise of the elective franchise. I wish to convince them
that our object has been to so apportion taxation, that we shall relieve
Taxation and Free Trade. (y^
industry and labour from any undue burden, and transfer it, so far as is
consistent with the public good, to those who are better able to bear it. I
look to the present peace of this country ; I look to the absence of all dis-
turbance, to the non-existence of any commitment for a seditious offence ;
I look to the calm that prevails in the public mind ; I look to
the absence of all disaffections ; I look to the increased and growing
public confidence on account of the course you have taken in
relieving trade from restrictions, and industry from unjust burdens ;
and where there was disaffection I see contentment ; where there
was turbulence I see there is peace ; where there was disloyalty I see there
is loyalty ; I see a disposition to confide in you, and not to agitate questions
that are at the foundation of your institutions. Deprive me of power
to-morrow : you can never deprive me of the consciousness that I have
exercised the powers committed to me from no corrupt or interested motives ;
from no desire to gratify ambition, or attain any personal object ; that I
laboured to maintain peace abroad consistently with the national honour,
and defending every public right ; to increase the confidence of the great
body of the people in the justice of your decisions, and by the means of
equal law to dispense with all coercive powers to maintain loyalty to the
Throne and attachment to the Constitution, from a conviction of the benefit
that will accrue to the great body of the people."
These passages from the speeches of Sir Robert Peel would also
show that that statesman was deeply impressed with a high reverence
for the voice of the country — most unlike the spirit too frequently-
exhibited in the Legislature of this colony, which is a spirit of
affected condemnation of any manifestation of public opinion out
of doors. The close of the great Minister's term of oj0&ce afforded
occasion for the people of England to show how deeply they were
actuated by gratitude and an unswerving love of justice, when on
his resigning the reins of Government — which he did upon an
adverse vote of the House of Commons immediately after the
passing of his great measure — the multitude met him outside the
House, not with noisy acclamations, but in silence and with bared
heads, and accompanied him with those impressive demonstrations
of respect to his home. Now that was an exhibition which
showed that justice resides in the hearts of the people, who could
at such a time appreciate the feelings and the conscientious views
of the statesman who at the cost of office had taken away the
tax from their daily bread. And yet in this colony the people
were spoken of as undeserving of consideration in the work of
legislation — as incapable of just feeling or thoughtful action.
Adverting for a moment to the suggestion that had been thrown
out in favour of a stamp duty, he might state that a calculation
of its probable results had been placed in his hands by a gentleman
F 2
6S Speeches.
engaged in commercial affairs, and which he had had tested by
others, who concurred in its accuracy. According to this
calculation, it appeared that by a stamp duty on notes
in circulation, trust estates, bills current at the present
time, bank cheques, instruments for the transfer of pro-
perty, receipts, bills of lading, and policies of insurance,
£150,000 might be raised. The only item in the list to which
any objection could be raised was a stamp duty on bank cheques,
which however would not yield more than £16,000 out of the
£150,000. With regard to a stamp duty on ordinary receipts,
he thought there was an argument of a moral nature which would
go far to support such a mode of taxation. It would tend greatly
to introduce into business a practice of regularity and precision,
and a proper seriousness of action. Considering that a stamp
duty would not oppress any class, and would fall equally on
those engaged in large transactions connected with property, it
was a most legitimate tax. That they should soon have to
prepare to raise a larger revenue he was deeply convinced ; and
he did not see any just way of doing it unless they resorted to
new means of taxation. It seemed to him that the amount of
money which was annually drawn from the colony by absentees
afforded a strong reason why the Government should do all in
their power to promote such public improvements as would
facilitate the settlement of the colony, and render it more agreeable
for the residence of those possessed of large fortunes. He had a list
in his hand by which it was shown that half-a-million of money
was annually withdrawn from the colony by three or four institu-
tions and some dozen wealthy individuals. Anything that could
be done to make the colony more attractive as a place of residence
to those who may retire from active life in circumstances of
opulence should be an object of great anxiety to all of us For
these reasons the money expended in the erection of the
University and other public institutions of a similar character
had been well expended, because by such means they might induce
those who would otherwise go where they could have the benefit
of such institutions to remain in the colony. He thought the
mode of taxation proposed by His Excellency was entirely wrong.
It was utterly opposed to the principles which regulated English
legislation, and also opposed to sound principles of political
economy. He would therefore, when they went into committee,
Taxation and Free Trade. 69
vote against many of the new items of expenditure, provision for
which rested on the imposition of those taxes. At the same time
he was disposed to take the schedules in good faith, and to deal
with them with a desire to promote efficiency in the public service,
combined with the maintenance of a wise economy.
THE EI&HT HOURS lOYEMENT.
SPEECH
Delivered at a meeting of the Trades of Sydney held in the new hall of the
School of Arts, November 17th, 1856, to advocate the reduction of the
hours of daily labour to eight. Mr. Parkes, by invitation, occupied the
chair.
The Chairman iu opening the meeting said : — G-entlemen, if I
were to say I do not feel gratified by being called upon to preside
over this meeting I should do an injustice to my feelings. I am
well aware that this meeting must contain, to a very large extent,
the heart and soul, the true manly feeling, and the genuine
self-cultivated intellect of the working classes of the metropolis.
I am well aware that in the men assembled here this evening
must be concentrated much of the strength, much of the intelli-
gence, much of the constructive skill, much of that spirit
of self-reliance, upon which society itself largely depends for
everything that is valuable, serviceable or ornamental to its
various grades and interests. I know that the trades which
have been most conspicuous in this movement are trades
remarkable for those qualities. I therefore felt particularly
gratified that you should think of asking me to preside
at a meeting of such a character in preference to many other
much better men all around me, whose sympathies you may
rest satisfied are with you. I feel gratified because I have worked
as a journeyman tradesman, and so supported my family,
for a number of years, and am well able to sympathise with you
in all the disadvantages under which you labour, and in all the
higher objects of recreation and instruction which the best and
most intelligent amongst you seek to obtain. I come to this
meeting believing it in no way partakes of a political character ;
I come to this meeting believing you have no purposes of combina-
tion against the just interests of your employers ; I come to this
meeting because I think you assemble to exercise your reason to
Eight Hours Movement. 71
the best of your judgment, in rightly determining your capabilities
and the responsibilities under which you lie in disposing of that
greatest of all properties, the labour of your right arms. If I
had thought that by coming here I could by any possibility create
division between you and any other class of the community, I
certainly should not have come ; if I had thought that your object
was to extract from your employers an unfair recompense for what
you give, I should not have been amongst you. But I believe, so
far as I understand your proceedings, that you maintain that you
have a perfect right to exercise your reason as to how far it is
proper for you to give your labour to meet the needs of society,
and how far you require it for the preservation and cultivation of
the faculties with which you are endowed, and for the performance
of those varied duties and the fulfilment of those pressing
responsibilities which have been cast upon you by an all-wise
Creator. The only argument which I have heard against
your having this reasonable limit set to your hours of labour
is, that if you had the greater leisure you would not employ
it well. I have heard it said repeatedly that if the hours
of labour were shortened the time so granted to you would be
ill-spent — spent in unfitting rather than in fitting you for the
discharge of the duties and responsibilities to which I have
alluded. I don't believe in these dark foreshadowings. Why
should it be so ? Does not the whole history of the world prove
that among the working classes there is as much thought for the
morrow, as much penetration into surrounding circumstances,
as much anxiety and providence for the interests of those belong-
ing to them, as among any other class 1 I affirm that the
history of the world proves all this. I say, moreover, that the
history of literature, the history of manufactures, and the history
of science, also prove that we owe more — incomparably more — to
the working classes for new and original thoughts in the various
handicrafts of our industrial economy, in the various appliances
by which social life is made more pleasant and agreeable to all,
than to any other class whatsoever. I am one of those who believe
that some of the holiest thoughts, some of the loftiest purposes, have
birth and are cherished during hours of labour. And this very
subject has been the theme of some of the holiest and most
touching eloquence of gifted and cultivated men. Dr. Channing
has dwelt upon the noble thoughts that are cherished by men
72 speeches.
amongst the working-classes until these pass into great and
enduring actions, without even their relatives or fellow-workers
suspecting that such sublime conceptions ever entered their minds.
I could point to many illustrious names in proof of this ; and
when I think of the many striking instances of poets, philo-
sophers, and contributors to the welfare of society in every way,
who have sprung directly from the working classes, I cannot
believe such a thing as that you more especially than others
would make an ill use of the increased leisure you are seeking
to obtain. When I think of the boy astronomer Ferguson
who learned his first lessons by lying down in the open fields and
measuring the distances of the stars with a string of rude wooden
beads ; when —
■ I think of Chatterton, the marvellous boy,
The sleepless soul that perished in his pride ;
Of Burns, who walked in glory and in joy,
Following his plough upon the mountain side !
when I think of William Cobbett, one of the sturdiest and
bravest of the political characters of the last generation ; of
Burritt, one of the greatest linguists of the present day, — the one
a peasant boy, the other a working blacksmith ; when I think
of these, I cannot for a moment listen to such weak predictions
of your misspending time. Only a very short time ago I
read an account by Mr. William Howitt of his visit to a
mechanic in a small two-roomed house in a back court in
Birmingham, whom he found, while his wife was cooking his
supper, engaged in the two-fold employment of nursing his baby
and learning the German language. That is only one instance
that comes to my mind now, only one out of thousands, of
patient striving to perfect their faculties, of quiet endurance
of sufferings and reproaches and neglects, of disinterested bene-
volence in those who, to quote Dr. Channing's words, often
give what the giver needs himself ; it is only one out of thousands
of instances of the virtues which live, although they have no
witness, among the humbler classes of society. But I shall be
answered that the particular instances of individual distinc-
tion I have named are those of men of singular natural
endowments. I confess it is so. They are, however, not the
less a glory for the class to which you belong. But I would turn
to the very numerous class of men who spring from the ranks of
Eight Hours Movement. 73
labour — the small farmers, the small tradesmen, the small manu-
facturers, the small contractors — the men who emerge all
around you from the wages-receiving class, and who actually carry
on the great mass of the business of society. In a debate in the
liCgislative Assembly a few nights ago relative to the construc-
tion of a bridge at Albury, it was stated that a sum of money
was voted for building a punt there some years since, but the
punt was never built until two mechanics saw that a means was
there opened for them to raise themselves a little above the situa-
tion they had hitherto occupied, and by their joint labour and
enterprise they built the punt which has served to connect the
two colonies ever since. Numerous instances we have of men
who were yesterday journeymen starting as shipwrights on our
rivers, building small vessels for themselves which become of
great value to our commerce, while the position and prospects of
their owners are steadily improved. And similarly in the building
trades, whilst in other callings we owe more than enters into our
calculation to men who are impelled by the promptings of a
humble ambition in obscure spheres of action. But how would
these unseen stragglers for something better be sustained, if
there were n<pt penetrative force to see and seize opportunities,
and wise reflection to turn them to best account, among the
working classes themselves ? Therefore the whole proof derived
from the progress of society is against the calumny that if you
had more time you would apply it to improper uses. I cannot
see why such a subject as this should not be taken up in a calm,
quiet, rational spirit, and thus debated between you and your
employers. You can have no interest separate from theirs; they
can have no interest separate from what is also yours. You, surely,
if you think eight hours is sufficient for labour in this climate have
a right to say so. Surely no men throughout the range of society
have any right to express an opinion on any subject if you have not
a right to express your opinion upon this subject. As to the
necessity for the shorter time, I am one of those who think it
absolutely necessary. I think it necessary, not so much for you
as for society itself; in order that you may become better citizens,
and that the community of which you are members may derive
all the advantages from your various faculties it would then
have a right to expect, and which to confer those very faculties have
been implanted in your nature; and in order that you may be
74 Speeches.
thinkers as well as workers, so that your thinking may bear fruit
in the more genial services of social life and the finer creations of
mind, as your labour is embodied in monuments of brick and
stone. I think it necessary, because I believe that without it you
cannot properly discharge all your duties — properly educate your
children, or devote the time to the welfare of your families which
you are bound to do. I for one would not willingly be the
means of inspiring feelings of discontent with the condition of
labour, for I think it the most glorious condition of all. But
surely that condition in which you contribute to all durable ad-
vantages for other classes should not be one of cheerless toil,
relieved only by cheerless rest. I believe that the condition of
labour — the condition of the workman in the sense in which we use
this phrase to-night — is capable of as much happiness as any con-
dition this world offers. I have said that at one time I was a
journeyman tradesman. I say now that I never felt happier,
better, or prouder ; and if a change were to come upon my life, so
that it became my duty to go and work for daily wages again, I
should do it as cheerfully and proudly as I ever performed any
action throughout my life. You in that condition are at all events
free from various anxieties, various cares, various losses, which
engross the minds and frequently shorten the days of other men ;
and if you get a fair return for your labour, time to devote to your
families, time to cultivate your own minds and to discharge the
other various duties of life which are incumbent upon you, I
cannot see but that you in your degree are as honourable, and may
be as happy, as any other men, should cherish a feeling of as high
pride, should walk abroad with a spirit of as true independence as
the best in the land. While I say this I should not like to be mis-
understood as discouraging any of you in your efibrts to rise out of
your class if you think you have the power. With respect to that,
every man must judge as to his own capabilities and prospects.
If any of you feels that he has the strength of mind to carry
him into the highest position in the land, I for one see no reason
why he should not set out in that career. All I desire to say
is that with a limit set to your labour, and a just proportion-
ing of your time for the cultivation of your moral and physical
capabilities, you may be as happy in the workman's condition as
in any other. I cannot see why a question of this kind should
not be taken up as a great social problem equally by master and
Eight Hours Movement. 75
servant, by employer and workman, and brought to a satisfactory
solution for the benefit of all. This is peculiarly a work, I
think, in which anyone sharing may claim to be carrying out
the maxim of our divine religion, of doing unto others as we
would they should do unto us. I think it has become a question
the right settlement of which involves the principle of love to our
fellow-creatures. Some of you, perhaps, are acquainted with a
beautiful poem by Leigh Hunt on a heathen's love for his
fellow-creatures, and if you will allow me I will repeat it : —
Abou Ben Adhem (may his tribe increase !)
Awoke one night from a deep dream of peace,
And saw, within the moonlight in his room, *
Making it rich, and like a lily in bloom,
An angel writing in a book of gold.
Exceeding peace had made Ben Adhem bold,
And to the presence in the room he said,
" What writest thou ?" The vision raised its head,
And with a look made of all sweet accord.
Answered, " The names of those who love the Lord !"
" And is mine one ?" said Abou. " Nay, not so,"
Replied the angel. Abou spoke more low.
But cheerly still, and said, <' I pray thee, then,
Write me as one that loves his fellow-men."
The angel wrote, and vanished. The next night
It came again with a great wakening light.
And showed the names whom love of God had blest ;
And lo ! Ben Adhem 's name led all the rest.
The Chairman then read the advertisement convening the
meeting, and having called upon the mover of the first resolution,
sat down amidst unanimous and reiterated applause.
ELECTORAL REFORM.
SPEECH
Delivered at a Public Meeting in the Prince of Wales' !|^^eatre, Sydney,
September Ist, 1857.
Mr. Parkes said : Mr. Chairman and gentlemen, I think no
apology will be required from me in appearing before you on an
occasion of this kind, and under the present circumstances of the
colony. It appears to me that your attendance here to-night in
such an array of numbers, and with so strong a manifestation of
earnest interest in this cause, is a sufficient justification for any
man giving his opinion upon a question of such vast concern to
the whole of the inhabitants of the country. A few days ago it
might have been expected that there would scarcely arise occasion for
this meeting at all, on account of the difficulties that threatened
the existence of the present Government. As you are all aware,
a day or two ago it was expected that the parents of the
Bills now before Parliament would resign their offices and
give place to other men. But even in that case I think the
people would have done wrong not to enter on a discussion
of the important question now engaging public attention —
one of the very highest political concernment to us all,
whosoever may be called upon to administer the affairs of the
country. To me it makes very little difference whether Mr.
Parker* remains at the head of the Government, or whether he is
succeeded by any gentleman now sitting on the Opposition side of
the House. I think it would be equally the duty of the country,
under the auspices of any Minister whomsoever, to see that the
general interests were cared for in carrying out a measure of this
description. We meet to consider this fundamental alteration in
the representation of the country, under circumstances calculated
to awaken in the mind of every man the most serious anxiety for
* Sir Henry Watson Parker, now in England.
Electoral Reform. "]"]
the future prosperity of the land. We meet at a time when the
financial policy of the Government, and the general state of the
country, present questions for consideration intimately relating
to the safety of our infant institutions and to the future progress
of the various public works of the country. We meet at a time
when, by the late visitations of Providence, the thoroughfares
throughout many districts have been broken up, and the seed
has been completely washed out of the land over large breadths
of the country — misfortunes which must have an inevitable
tendency to damp the energies and almost extinguish the hopes
of the most industrious and valuable class of the people.
If at any time in the history of a country a clear policy
and a steady hand in administering its public affairs are
required, it is assuredly at a time such as the present. But
independently of these especial circumstances, the question itself
is one that reasonable men might imagine a Government would
deal with in the most impartial, the calmest, and the most
comprehensive spirit. In the political arrangements upon which
the institutions of the State are based, the people here,
inhabiting a young country on terms of acknowledged equality,
ought to have all grand fundamental principles so clearly defined
and so fairly carried out that future contentions should be
rendered almost impossible. The public mind in Australia ought
not to be continually irritated by questions of a constitutional
character. The principles of the laws which regulate the political
liberty of the subject ought to assume forms of fixity and sta-
bility. If this were so, I contend, parties would much more
wisely argue out their differences on questions of social improve-
ment, questions of commercial policy, questions relating to our
fiscal arrangements, questions having an economical bearing on
industrial progress and on the natural resources of the country.
There ought not be an endless struggle respecting the equality of
classes, or the balancing of particular interests against a sup-
posed or real preponderance in another direction. The political
institutions of a young country like ours ought to be fixed
upon so equable a basis that all classes of the community shall
have reasonable cause to be satisfied. Now, the resolution
entrusted to me declares that the Bill introduced by Mr. Parker,
as the head of the Government, entirely fails to correct those
inequalities which have been matter of loud complaint for many
78 Speeches.
years past; that it not alone entirely fails to do this, but that it
has a tendency to aggravate those inequalities, and as an inevi-
table consequence to breed public discontent and dissatisfaction. If
it really be that the Bill is of this character, it becomes the duty of
every man to oppose its passing into law. That great inequalities
do exist in the present system I believe is generally admitted;
and I believe the existence of such inequalities has been repeat-
edly admitted by the members of the present Government. Now
so long as they do exist so long will discontent continue to agitate
the piiblic mind, and all measures calculated really to benefit the
country will be imperfectly considered and retarded in their pro-
gress. Without going into the details of the measure — which
would only be wearisome, and which you will, I doubt not,
examine for yourselves — I find that, speaking generally, the
pastoral interest, which most persons have hitherto felt has had
an undue preponderance in the Legislature, has gained ground in
the new arrangements. I find that whereas the members allotted
to this interest in the present House of 54 are 12 to 42; now,
notwithstanding that the total number of the proposed new
Assembly is not quite double, the proportion of squatting repre-
sentation is more than double. Instead of correcting inequalities
this Bill tends to aggravate inequality in the most important par-
ticular. The Bill creates out of the whole country 70 electorates,
and of these 70 electorates the pastoral constituencies with
something over 3000 electors are to return 25 members
to the Assembly, while the city of Sydney — numbering nearly
14,000 electors — will only be privileged to return 8 members.
This, no doubt, is an extreme case, and I for one do not claim
for the city of Sydney a numerical equality of representation
with remote and scattered constituencies. I desire to be most
clearly understood on this point ; for while I accept the principle
of a population basis as the only safe, the only really intelligible
principle in the representation of the colony, I do not pretend to
carry out that principle with rigid exactitude in the adjustment of
different interests in our representative system. I say we must
take it as our central light, because there is no other; and we
must conform to it so far as the social anomalies of our condition
will permit. Those who talk about the representation of special
interests cannot give definite shape and form to any principle
that will bring a certain and distinguishing light to bear upon
Electoral Reform. 79
the question. But while I admit that this principle in the details
of any system cannot be carried out with arithmetical precision,
I contend that there has been no attempt whatsoever to do justice
to the masses of the people in the electoral arrangements pro-
posed by Mr. Parker's Bill. I contend, moreover, that there has
been no intelligible endeavour made to repair the causes of dis-
satisfaction felt throughout most of the rural districts. Excluding
Sydney from consideration for the time, and turning our attention
to the country districts, we find that one of the great causes of
dissatisfaction has been the compulsory grouping together of
remote and naturally separate communities. Thus, the town of
Mudgee and the district of Orange have loudly complained of the
incongruity of that arrangement by which a comparatively large
town some 100 miles or so away has entirely swamped the other
portion of the ill-assorted constituency. Now this state of things
— as far as I can judge — will be aggravated in the new Bill. I
believe that in one instance five small towns in one constituency
are forcibly bound together against their will and consent and
against their particular interests — each town being situated in a
separate county. Nothing can be more incongruous than that —
nothing more calculated to breed and perpetuate discontent in the
public mind. The consequence of this arrangement would be, that
some of these small towns would be practically disfranchised.
It would be far better for them to be included in the county con-
stituency, which would give them a far better opportunity of
securing a voice in the election of representatives. Turning from
the districts to which I have alluded, we find that the town of
Newcastle — a town of rising importance and one which assuredly
ought in any new electoral system to have a member to itself —
is associated in the Ministerial plan with a number of small
places, all of which would be completely swamped by the
preponderating numbers of the town. Coming back to Sydney,
we have the metropolis of the country divided into eight
electorates under the respective names of the eight muni-
cipal wards. No men empowered for the time being to
deal with our destinies, to put the stamp of their minds upon
the character which the country is to assume in future years — if
they were worthy of the high position they are permitted to
occupy — would think of an arrangement in their plan of repre-
sentation by which the metropolitan character of this city is, as it
8o Speeches.
were, extinguished. In any arrangement the city of Sydney
ought to remain politically intact. At least the central part of
the city, embracing its commercial classes, should be retained in
the electoral system under the name of the City of Sydney, so
that the country would have — as it ought to have — its metro-
politan constituency. Supposing that were done, it would of
course be necessary to group around this central constituency
other constituencies embracing the rest of that area of population
which now returns the four members for the city. Then again,
if we go to the county of Durham — perhaps the most important
agricultural county — we shall find that under the present elec-
toral law this county returns three members ; and under the
new Bill it is not proposed to alter this constituency in any
particular. I don't know with what special favour this consti-
tuency is regarded that it should be the only one let alone. I
don't know whether it is that the Government of the day are
so extremely well satisfied with the gentlemen who represent the
constituency, or whether it is some partiality arising from one of
the Ministers having represented the constituency in former
years ; but whatever may be the cause this constituency
is left untouched. Notwithstanding the members of the
Assembly are to be nearly doubled in the aggregate, Durham
will have no stronger voice in the new system than in the old.
And it seems singular when other large counties returning
several members are divided — such as Cumberland, Northumber-
land, and Camden — that Durham should be left untouched, to
return by the whole body of its electors its three members as
formerly. I mention this omission of interference in the Bill, only
for the purpose of showing the entire absence of any rule of
equality pervading the proposed new electoral arrangements. If
the Bill were to pass in its present shape it would have
the effect — which I fear is designed by its authors — of throwing
the representation to a large extent into the hands of a
particular party who seek to erect themselves into a governing
class. I think, gentlemen, it would have the effect of throwing
the affairs of the country for a time — for a time only — into the
hands of men who in no sense would represent the intelligence,
the industry, the enterprise, or the property of the country. But
we may rest assured that the spirit of progress which is abroad
will not allow the people to rest contented with exclusion from the
Electoral Reform. 8 1
representation. If in the mother country, where the wealthy
classes are accustomed to look with kindly, almost parental
concern upon the poorer classes around them — where among the
higher ranks the culture of mind is generally accompanied by a
spirit of enlightened philanthropy — if there a spirit is rising
up to assert its equality and to demand an extension of
political rights, and if the just claims of the people are
recognised by the ablest and most distinguished statesmen of
the day, can it be for a moment doubted that common
sense, common justice, and common humanity will prevail
in a land like this, where the members of the Legislature are
nearly all sprung from the classes around and below them —
where the interests of property are so much more widely diffused
— where accumulated wealth is held for the most part by persons
who came penniless to these shores — where the very lodestar of
fortune to those who have ^come from other lands and to those
who have been born in the country, is the open field which is
afforded for every man to raise himself by his own exertions, and
for the intelligent exercise of the mind and the physical energies,
with a certain assurance of fitting reward 1 It will be utterly
impossible for any Government to keep this spirit back. But if
the men now in power really entertained a well-defined and well-
grounded conservative policy — if they desired, in any enlightened
sense, to conserve all that is good in the institutions of the country
— if they were earnestly bent upon establishing a condition of
peace and contentment and prosperity fot all — they would of their
own free will and accord extend upon the widest basis of equality
the Constitution which they have voluntarily taken in hand to
re-model. They would trust in future for the return of their own
class to the virtues of their own class ; they would trust to the
abilities and services of their own class. It will always be found
in the long run that the common mass of any free people
— especially a people of British stock — will give their
support, if they have fair play, to those candidates for
their suffrages who offer for their service the largest
amount of ability, of public virtue, and of character. This
question, I am aware, has been encumbered by two or three
fallacies which go far towards rendering the settlement of it
difficult. It is said that if political power were extended generally
to the great body of the people, the working classes would swamp
G
82 speeches.
every other interest. But experience based upon a correct know-
ledge of human nature shows that the working classes are more
likely than any other class to record their votes, if the qualifications
of candidates in other respects are equal, for some gentleman who
moves in a sphere above them. Both in England and in this
country and in the colonies around us, we know that a high
example of straightforwardness in all the transactions of life, of
ability fitted to grapple with the various questions engaging public
attention, of private benevolence and personal virtue, has more
weight with the labouring classes of the community than anything
else that can be presented for their acceptance. Within my own
experience I can give you one striking illustration of this. As I
happen to know very intimately the circumstances connected with
the election of Mr. Lowe, who is now as you are aware a member
of the Privy Council and holds a distinguished place in the House
of Commons, I can state as a positive fact that that gentleman was
elected almost exclusively by the working men of Sydney. I believe
Mr. Lowe had far fewer votes from persons of his own class, persons
in his own rank of society, persons from whom he had a right to
expect support, than any other candidate who was ever elected for
this city. The history of elections both here and elsewhere would
show that the votes of the labouring classes are at all times as
equally divided according to the merits of candidates, irrespective
of their condition in society, as those of any other class. I am
inclined to think that so far from the labouring classes voting in
a body in support of any one candidate, this charge might be fairly
brought against the classes who move in spheres a little above
them. I have seen instances of the mercantile body banding
together to a man for some particular candidate of their own order.
I have seen instances where the professions have similarly voted
almost to a man for one of themselves ; but I have seen no
instance where the votes of the labouring population admitted to
electoral rights have been given in a greatly preponderating
degree to a particular candidate, and where the reason was at all
intelligible, of their having been so given on account of his position
in society. It is said also, as a reason why the city of Sydney
should not have anything like a fair proportion of representation,
that the members resident in Sydney may to a large extent be con-
sidered as virtually representing the city. This also I proclaim to be
a fallacy. On the contrary, the argument might be turned against
Electoral Reform. 83
some of the remoter districts — that the members for Sydney have
very frequently attended to these districts more than to the con-
stituency which elected them. There is no force whatever in this
so-called argument ; and so far as many of the gentlemen are con-
cerned whose names will readily suggest themselves to you as
residing in Sydney, they are known to be remarkable for the
tenacity with which they hang on to the interests of the country
districts, against the supposed interests of the city. There is
another fallacy — and I think a most complete fallacy — which is
sought to be propagated far and near, and it is that there is a
feeling of inveterate hostility in the minds of the inhabitants of
Sydney against the occupants of the pastoral lands. I deny the
existence of any such feeling. The people of Sydney have no
feeling of hostility to the squatters as a body; any opposition to
the squatters that has occasionally shown itself has been called into
existence by the palpable aggressions of the squatters themselves
— by their unfair and preposterous attempts to obtain an ascend-
ancy in the affairs of the country. And this feeling, whatever
it may be, has been fostered more by the friends of the pastoral
occupants than it has by any persons connected with the metro-
polis or the other towns of the colony. The fact is that the
interests of Sydney and of the other towns, and of the pastoral
districts, have so much in common that their interests cannot be
separated without injury to all. There would be no feeling of
hostility to the pastoral occupants if the pastoral occupants had
the wisdom to content themselves with pushing their legiti-
mate pursuits, and to restrain themselves from efforts to ob-
tain political power inconsistent with the rights of other classes.
But that those gentlemen, many of them recent arrivals in the
country, many of them intending to leave the country and spend
their wealth in England or some other part of Europe, many of
them with no particular claim to the gratitude or thanks of
society, have not so contented themselves, has been sufficiently
shown within the last few days. For we have had it proclaimed
within the last few days that eight or ten squatters have set them-
selves up to decide who shall govern this country. It no longer
rests upon any assertion of mine, or the assertions of any of you,
but we have this incredible fact proclaimed in open daylight, that
some eight or ten squatters are sufficiently powerful to determine
in defiance of the whole community who shall be the Government.
G 2
84 Speeches.
And we have it proclaimed, moreover, that these squatters are not
determining this question for the country upon the principles of
any public measure, but they are determining it upon a question
entirely affecting their own pockets. To me it is really alarming
when the Government of this country can be kept in office or
displaced by some half-dozen or dozen of gentlemen, who are dis-
pleased because some measure is introduced which affects their own
pecuniary interests. These gentlemen stand in a very different
relation to the country from that of other members of the
Assembly. They carry their stock-in-trade, as it were, into the
Assembly. They carry their business there, and while they
are legislating ostensibly for the people they are really man-
aging their own affairs. There is great reason to suspect — from
the words they themselves have given utterance to and from
the course of action they have adopted within the last few days
— that the only object which brings some of these gentlemen
into Parliament is to see that their own personal interests are
taken care of, between themselves as tenants of the Crown and
the Crown as trustee for the lands of the people. When we
find it put on record that these gentlemen are disputing in Parlia-
ment about their own interests, and threatening to throw out the
Government which they have hitherto supported — merely because
the Government runs counter to their interests — we are brought
face to face with a state of things which ought to awaken a feeling
of alarm and anxiety throughout the country. We should forfeit
our claim to the name of Englishmen if we were to allow these
gentlemen thus to interfere with the course of public affairs, and to
enforce compliance with their own interests at the expense of the
rights and interests of the community at large. The resolution
which has been put into my hands is as follows : —
"That this meeting, having considered the Bill submitted to the Legis-
lative Assembly by the present Government for altering the representation
of the colony, is of opinion that it is a measure calculated to aggravate
rather than rectify the inequalities most complained of in the existing law
and to create general and just dissatisfaction."
I have said sufficient to show that this measure is calculated to
create a feeling of general and just dissatisfaction in the public
mind. If it be so, it is the duty of every man, rich or poor.
Conservative or Radical — whatever may be his condition in life
or the colour of his political belief — to give it his most determined
opposition; because it is for the general interest that this question
Electoral Reform. 85
should be dealt with in a manner that will afford contentment
and satisfaction to all classes and all conditions. If the Bill
should be carried into law, the very evils sought by such blind
political artifice to be controlled will be extended and aggra-
vated to a harassing, and I fear a dangerous degree ; and no
man amongst this multitude could answer for the consequences.
THE PACIFIC MAIL ROUTE.
[At this period (1858), the railway across the A.merican continent
was looked upon as a dream of the future. Seven years after the
passing of Mr. Parkes's resolutions a line of steamers between
Sydney and Panama was established by an English company, under
a joint subsidy from the Governments of New South Wales and
New Zealand, but the company failed to carry out the contract,
and the service was not continued long enough, even with its very
imperfect management, to test its advantages. The arguments in
the following speech are equally applicable to the mail service vid
San Francisco.]
SPEECH
Delivered in the Legislative Assembly on moving the following Resolutions,
August 6th, 1858 :—
" 1. That the experience hitherto gained of steam communication
between Australia and England vid India has led to general disappoint-
ment and dissatisfaction in this colony.
*'2. That any new arrangement for the performance of the mail
service by the India route, though it ensured postal regularity and
speed, would confer no other considerable benefits on New South Wales,
while it must necessarily place this community, as the last point of
intercourse in the Australian system, at a permanent disadvantage in
relation to the Southern colonies.
•' 3. That it is in the highest degree necessary that immediate steps
should be taken to prevent the public inconvenience and injury which
would result from a total stoppage in the mail service, with which the
colonies are at present threatened ; and that the interests of New South
Wales would be best promoted in this emergency by opening communi-
cation with America and Europe, vid the Isthmus of Panama.
"4. That there are reasonable grounds for believing that a line of
steamers of the requisite power and capacity, running between Sydney
and Panama, in addition to the advantages of regular postal communi-
cation, would induce a spontaneous and valuable passenger traffic to
these shores from the large numbers of persons constantly arriving on
the Isthmus from the United States, British North America, and the
West Indies, as well as from the countries of Europe and from the com-
munities of Anglo-American origin on the Pacific.
Pacific Mall Route. 87
"5. That in coining to a right determination on this subject the
question of cost is not the first for consideration, but that the efficiency
of the service to be performed should be secured beyond probability of
failure, and that especial regard should be had to those social and
commercial consequences which would tend most to the progress and
prosperity of the colony of New South Wales.
" 6. That an address, embodying the foregoing resolutions, be pre-
sented to the Governor-General, praying that His Excellency will be
pleased to bring the subject under the early consideration of the Execu-
tive Government."
Mr. Parkes, in moving the resolutions standing in his name,
said he hoped that however inefficiently he might treat them the
importance of the subject would at least commend them to the
attention of the House. He should endeavour to be as brief as he
well could, and the decision to which the House was invited
must have an effect one way or the other, for good or for evil,
to determine not simply the relative prosperity of this colony but
its position as a country in the new empire now in course of being
founded in this hemisphere. He submitted these resolutions not
alone as involving the question of postal communication with
England ; they might be supported upon different and far higher
grounds affecting the future character and comparative greatness
of the country. It had always seemed to him that the question of
obtaining regular means of communication with the Isthmus of
Panama included the question of a supply of that element with-
out which the progress of this country would be slow and unsatis-
factory — the element of fresh streams of industrious, enterprising
population. Although desponding views might be taken at a time
of temporary distress like the present, though loud might be the
cry among some classes against immigration, it was only by means of
a large amount of population that the colony could rise to its true
place and its people enjoy permanent prosperity. He was one
who thought that immigration to the country would be healthy
just in proportion as it embodies in its volume a due propor-
tion of capital and labour to carry on the operations of civilised
society ; and for that reason he thought a great advance would
be made on all former systems if it were entirely voluntary
and of a spontaneous character. In that case, if they could
offer sufficient attraction, and if other circumstances combined to
direct the great movement of population to these shores, they
would receive the most enterprising and the most self-reliant class
88 Speeches.
of persons, those who have made provision to assist themselves ; but
so long as immigration continued to be promoted chiefly by the
funds derived from this side it would consist of persons to a large
extent the least provident, the least energetic, the least qualified,
and therefore the least capable of assisting in the advancement
of the colony. In proceeding with his motion, he thought the best
way would be to divide the subject into the various branches set out
in the resolutions themselves. The first of the resolutions declared
that their experience of steam communication by the Eastern
route had produced nothing but disappointment and dissatisfac-
tion in this country. He thought that he need not detain the
House by any attempt at argument to prove the truth of this
resolution, as the fact appeared self-evident and he apprehended
it would scarcely be questioned. The second resolution affirmed
that an}'- new arrangement for the performance of the mail service
by the India route, though it ensured postal regularity and speed,
would confer no other considerable benefit on New South Wales,
while it must necessarily place this community, as the last point of
intercourse in the Australian system, at a permanent disadvantage
in relation to the southern colonies. He thought that the truth
of that resolution could be proved by reference to the dates of
the arrivals and departures of the various steamers, since the
present system had been established, at Melbourne and Sydney
respectively. He found that the steamers in the present service
had arrived at Melbourne and Sydney as follows : — The " Simla" left
Southampton March 12th, arrived at Melbourne May 14th, and
at Sydney on the 19th. The " European" left on the 12th April,
arrived at Melbourne on June 6th, and at Sydney on the
10th. The "Columbian" left May 12th, arrived at Melbourne
on July 6th, and at Sydney on the ^th. The " Emeu" left June
17th, arrived at Melbourne on the 15 th August, and at Sydney on
18th. The " Simla" left July 12th, arrived at Melbourne on
September 3rd, and Sydney on the 6th. The " European" left
August 12th, arrived at Melbourne on October 14th, and Sydney
on 18th. The "Columbian" left on the 12th of September,
arrived at Melbourne on November 13 th, and Sydney on the 17th.
The " Emeu" did not arrive next trip, having grounded in the Red
Sea. The "Simla" left November 12th, arrived in Melbourne
January 7th, and Sydney the 11th. The "Victoria" left Decem-
ber 12th, and arrived at Melbourne February 21st and Sydney
Pacific Mail Route. 89
on the 25th. The "European" left on January 12th, arrived at
Melbourne on March 1 1th, and arrived in Sydney on the 15th. The
"Columbian" left on February 12th, arrived at Melbourne on
April 24th, and in Sydney on the 29th. The " Australasian" left
March 12 th, and arrived at Melbourne on May 12th, and at
Sydney on the 17th. The " Emeu " left on April 12th, and arrived
at Melbourne on June 6th, and Sydney on the 9th. The '^Victoria,"
with the May mails, arrived at Melbourne August 1st, and had
arrived in Sydney on the 6th. Now they found on looking at the
dates on which these steamers arrived at the two ports, that on
nine different occasions the people of Sydney had been deprived of
the advantage of availing themselves of the return post, whilst the
people of Melbourne had only lost the post on three occasions —
namely, in February, April, and August. Thus it would be seen
that by this arrangement they had not alone been dis-
appointed in the ends of postal communication and placed at a
disadvantage each month, as compared with the sister colony
of Victoria, but it was sufficiently obvious that they were giving a
portion of the subsidy for the express purpose of affording the
people of Melbourne an opportunity of communicating with their
friends and commercial relations in Europe in a month's less
time than that allowed to the people of Sydney. From
the geographical position of their colony, something like
this, though probably not in the same degree, must be
the case by any line of steamers which went by the Eastern
route ; but this was by no means the only ground
upon which he thought it could be shown that they would be
placed at a disadvantage by continuing the communication by way
of India. This country had little in common with the inhabi-
tants of the Asiatic countries. Beyond taking from them sup-
plies of tea, sugar, and spices, they had scarcely any commerce with
those countries ; they had very little of social affinity with any of the
populations of the East ; their only connexion with the Eastern
world was one of Imperial policy. But these objections would not
apply to the trans-Pacific route. It would be found that there were
many reasons, which he would touch upon presently, why they should
desire that the route he proposed should be opened. To a
very large extent it appeared to him that the establishment of
steam communication with India was an Imperial question. It
was to the interest of the British Government to keep up rapid
90 Speeches. ^
communication with India for political reasons, but those reasons
did not affect this colony. It was most desirable that
rapid and frequent communication should exist between Eng-
land and the East, and of course any branch steam service
that would tend in any degree to support the lines of communica-
tion between London and India would be of very great service to
the mother country ; but he contended that the Australian colonies
had scarcely any interest in maintaining a line of steam communi-
cation vid India, except so far as it might be made an efficient and
rapid means of postal communication, and at the same time to some
small extent a convenience for the purposes of their Indian com-
merce. But a great objection, in addition to those already stated,
existed in the case of this colony on account of its position render-
ing it absolutely necessary that it should always be the last port of
arrival and the first of departure, and therefore placed at a
greater postal distance from Europe than the sister communities.
Coming to the next resolution he thought that the language
employed was not too strong when it stated that it was in the highest
degree necessary that immediate steps should be taken to prevent
the public inconvenience and injury resulting from an interrup-
tion of the mail service. Having already established a mail service
which, when the terms of the contract were fulfilled, put this colony
within two months' communication with Europe, and even when the
terms were not absolutely fulfilled gave them the course of post in five
months, he thought it was impossible for the colony to go back to any
less regular system of postal communication, such as it would obtain
if necessitated to resort again to sailing vessels. It certainly
seemed to him that it would be altogether impossible for them
under any circumstances that might arise to go back. Up to
the present time the balance between the relative positions of the
two colonies of New South Wales and Yictoria was not deter-
mined. It was not yet decided which was to take the lead
amongst the Australian colonies ; and therefore anything this
country could do to determine the balance in its favour it un-
doubtedly was justified — and no time ought to be lost — in doing.
It appeared to him, moreover, that in making the trans-Pacific
mail route peculiarly their own, they were not acting with any
narrow-minded or jealous feeling toward the sister colony of
Victoria. It seemed to him, and he thought the House and the
country would agree, that a generous rivalry was a right feeling to
Pacific Mail Route. 91
exist between the two colonies. In this and all other matters they
should do the best they could for their own interests ; and they
would be doing no more than their duty in their attempts to
maintain for themselves the leading position amongst the Austra-
lian colonies. Then, opening up steam communication between
Sydney and Panama would give them, securely and continuously,
the valuable trade of New Zealand ; for in every sense the colony
of New Zealand had always looked towards us with the most
friendly feelings, A large part of our trade was derived from New
Zealand, and there was a greater degree of commercial friendliness
subsisting between that colony and New South Wales than between
any other two of the colonies. With New Zealand in the course
of time we should no doubt connect ourselves with the innumerable
fertile islands of the Pacific, which were destined to yield to
the waves of European civilisation ever rolling in upon their shores.
The fourth resolution affirmed that there was a reasonable pro-
bability of a large volume of voluntary immigration of a desirable
character setting in, as one of the consequences of establishing the
proposed line of mail steamers. Now some two or three years
ago a gentleman named Cameron, an Englishman, settled in
the United States, put forth a prospectus for establishing a line
of steamers between Panama and Sydney. This gentleman had
personal friends in this colony; he was a man of great enterprise
and intelligence and of much practical information. In the
prospectus put forth by Mr. Cameron at that time he (Mr.
Parkes) found this paragraph with respect to the almost incredible
amount of traffic existing between California and Panama : —
" California now contains a population estimated at 250,000 — suppose it
even to be 300,000 — and turning to the report of a committee of the stock-
holders of the Pacific Mail Steamship Company appointed at the annual
meeting, May 1855, we find it stated that there are 30,000 to 40,000 people
who travel annually to and from California by the two steamship lines
from New York, that is to say, at 30,000 — the lowest estimate — one- tenth
of the whole population, estimating it at 300,000 ; while, adding the
passenger traffic from other countries, you may safely estimate the whole at
one-seventh to one-eighth of the population."
To show that this traffic has not lessened since 1855, when this
statement was made by Mr. Cameron, he would state some
additional facts. He found by the latest dates from Panama
that on the 30th April two steamers arrived at Aspinwall
with 1230 passengers. On the 15th of May the "John L.
92 Speeches.
Stephens" arrived at San Francisco witli 255 cabin passen-
gers and 800 in the second cabin and steerage, in all 1055 ;
in addition to this on the 5 th of May, only ten days previous,
the " Golden Gate" left San Francisco with 644 passengers.
The one steamer, leaving the 5th of May, had 644 passengers ;
the other, arriving only ten days after, had 1055. These steamers
ran twice a month between Panama and San Francisco, and were
generally freighted with passengers to the extent he had indicated.
There was not alone a sufficient amount of population leaving the
Isthmus of Panama to freight these ships, but there was also a
monthly line of steamers running between Panama and the various
ports of Peru and Chili, also carrying a large number of passengers.
Now so far from this incredible and unprecedented traffic across
the Isthmus of Panama being likely to subside it was likely to
increase. A short time since he had a conversation with a
gentleman recently arrived from Europe who had had frequent
interviews with the Emperor of the French on commercial matters,
and he had learned from Louis Napoleon that at the present time
there was building a line of steamers which were intended to run
between Havre and Chagres, being one of four lines intended
to connect the principal ports of France with other commercial
countries. It must be to a large extent an unprofitable under-
taking, but it would add to the commerce of France, and it would
be carrying out a wise policy for the general welfare of the nation
in the estimation of the present ruler of that country. He found
also from the latest files from San Francisco, that agents of Euro-
pean merchants were in that State endeavouring to establish lines
of steamers between Southampton, Havre, Bremen, and Aspin-
wall. He would read an extract from the San Francisco Herald
of the 20th of May as follows :—
" How easy it would be to divert some of the immense tide of immigration
which now surges in such mighty waves upon the Atlantic seaboard to
these shores. Southampton, Havre, or Bremen, are not much more distant
from San Francisco than New York. There is at present a line of steamers
from England to Aspinwall, touching at the West Indies, and by that route
we occasionally receive the latest news from Europe. The number of
immigrants who are annually landed at the Atlantic ports averages, at least,
a quarter of a million, and it is but reasonable to calculate that if there
were cheap and regular communication between California and Europe, at
least twenty or thirty thousand of that vast number would turn their eyes
in this direction. Under these circumstances, we learn with great pleasure
that it is contemplated by great capitalists in England to establish a line of
Pacific Mail Route. 93
propellers between the principal European ports (Southampton, Havre, and
Bremen) and A spin wall, and between Panama and San Francisco, and that,
in all probability, before very long a steady stream of immigration will set
in direct from Europe. Dr. Huddart is the agent of the company in this
State. He is an old Californian. He goes to Europe by the steamer of
to-day to report, and many months may not elapse before we are in direct
and regular communication with the ports above-named. The recent gold
discoveries in the British possessions will give an additional impetus to the
project, and contribute not a little to its speedy realisation. An annual
addition to our population of fifteen or twenty thousand by this new route
would do much to promote our prosperity as a State."
They also knew that on the other side of the Isthmus there were
even now the greatest opportunities to travel by steamers that
were to be found in any part of the world. The celebrated
Cunard fleet had its head-quarters at New York. It entered 35
steamers — 17 screw and 18 paddle. These steamers ranged from
1000 to 4000 tons burthen. Their aggregate tonnage was 45,198
tons and their aggregate horse-power 12,770. The company had
an established name. It had held contracts from the British
Government for eighteen years, and he believed that so far from
creating the disappointment which this colony had experienced, it
had not only performed the services within the terms of the
contracts, but had on many occasions reduced the time below that
specified. Now that company, if sufficient inducement were
offered, could take up this line at once, and in the hands of such
a company they would beyond all chances of failure have the
service carried out. The facts he had stated to the House,
he thought, would show that there was an amount of population
constantly passing over the Isthmus of Panama which was almost
incredible, and which was of a kind not to be found in any other part
of the world ; that in no other quarter was there the same number
of persons from the great commercial countries of the world con-
stantly arriving and departing in search of some new project or
enterprise for advancing their personal fortunes. He contended
that if they had a line of steamers between Sydney and Panama,
they would be certain Of attracting a large portion of the popu-
lation arriving at the Isthmus with the intention of going to
San Francisco. When they found an easy means of transit to
Australia they would come to these shores. Seeing the vast
extent of traffic from Panama to San Francisco this country might
expect in a few years, not perhaps 2000 a month, but at least one-
fourth of that number. If steamers ran from Panama to this
94 Speeches.
colony, instead of bringing thirty or forty persons — the most they
would bring from India — they would bring four or five hundred
every month, and these persons of a most serviceable class ;
in all probability they would generally be men of intelli-
gence, men of energy, men of enterprise, men of considerable
capital, men who would introduce with them all the improvements
of civilisation, and conduce in various ways to develope the natural
resources of this country, and so increase its industrial avo-
cations and material prosperity. The fifth and last resolution
affirmed, " That in coming to a right determination on this subject,
the question of cost is not the first for consideration, but
that the efficiency of the service to be performed should be secured
beyond probability of failure, and that especial regard should be
had to those social and commercial consequences which would
tend most to the progress and prosperity of the colony of New
South Wales." He thought that if it were granted that it was
desirable to open up this means of communication no argument
was required to show the necessity and wisdom of opening it up
well and efficiently. He had endeavoured to show that in all
probability the colony would gain incalculable benefits if this
means of communication were opened up ; that by no other means
could they gain anything like a corresponding amount of benefit.
It would increase the intercourse with New Zealand. It would
tend to increase their intercourse with the islands in the Pacific —
with which they must ultimately have large and valuable com-
mercial intercourse as those islands became settled by a European
population. He affirmed that it was to the interest of this
country to get such a means of communication established at the
earliest possible moment ; and if it were to the interest of the
country to do this, the necessary cost was not the first thing they
should regard so long as there was no waste. Being determined
by this means to maintain the colony in a leading position, they
should secure this end without a niggardly regard to price
so long as they secured efficiency in the performance of the
contract, without which it would be comparatively useless.
For his own part he thought that if this could not be obtained
at less cost, it would be wise for the House to vote half a
million of money to have this communication established without
the possibility of interruption. He believed, so far as the sub-
sidy was concerned, it would be wise to give whatever sum was
Pacific Mail Route. 95
necessary to have this communication in their own hands ; and,
depending — as they might reasonably do — on receiving a contri-
bution from New Zealand, and perhaps something from the
southern colonies, it would not be a very costly undertaking for
the Government of this country. But he felt persuaded that the
cost would be as nothing compared with the benefits to be derived,
not only from the improved means of postal communication and
the additions to our population, but from the new spirit which it
would be the active cause of infusing into the commercial enter-
prise and social life of the colony. They had here a country richer
than any other of the colonies, notwithstanding the rapid
strides which Victoria had made in colonising enterprise.
The natural resources of New South Wales were inexhaustible :
its varieties of soil — its marvellous wealth of minerals — its
many other advantages — made it second to none. And this
highway across the Pacific seemed pointed out as by the
hand of Providence to connect them with other countries —
other countries, too, where the grand experiment of founding new
empires, with a common origin and a common destiny, was going
on. Those lands must be the teachers of this, for in no other part
of the world were English liberty and English commerce trans-
planted to work out their ends on a new soil. Under these
circumstances he felt that by affirming these resolutions they
should affirm principles justifying the Government in taking
immediate steps to supply the advantages of regular communi-
cation between Panama and this colony. He felt he had to
apologise to the House for the time he had occupied, and also
for the inefficient manner in which he had dealt with the
matter. He felt that an apology was due to the House for his
want of ability, more on this than on any other occasion, because
he considered that this question was one of greater importance
than any submitted for consideration during the session. They
might pass their electoral bills, they might extend the franchise
to the inhabitants of hovels, or give a vote to all over twenty-one
years of age ; they might provide for open or secret voting ; they
might take what course they chose in reforming their political
institutions, but all this alone would be inoperative in securing
the lasting prosperity of the colony. They required to people the
colony with persons of the most enterprising and reputable
character — a race of men sprung from the same stock as that from
96 Speeches.
which they themselves were sprung. By making a highway through
America to Europe, thus connecting themselves with the peoples
of the only other countries where free institutions were success-
fully planted, and where manufactures and commerce, learning and
science, had taken root and advanced together, would their efforts
be best directed to the establishment of their own freedom and
prosperity. It was the grand result which Australian statesmen
should aim at. The resolutions were intended to give authority
to the Government to take prompt and vigorous measures in
opening this great work. He asked the House to say that it ought
to be carried out to the advantage of the country without reference
to the men who might hold office, and he felt that if any Govern-
ment did not effect this consummation it would of itself be a suffi-
cient ground for displacing them, because the service contemplated
by these resolutions would be of greater advantage to the colony
than anything else they could achieve. It would give the colony
its proper position by bringing to its shores a large population of
the very best class, infusing a more active spirit into its commerce,
developing more rapidly its resources, raising its reputation to a
higher level, and gaining for it the first position in this part of the
world. In this spirit he regarded the resolutions, and in this
spirit he moved them.
DEFENCE OF THE COLONIES.
SPEECH
Delivered in the Legislative Assembly, December 20th 1859, on moving the
following resolutions : —
" That this House, having had under its consideration the subject of
the defence of the colony, resolves as follows : —
" 1. That having regard to the present complications of foreign Govern-
ments, and the hold which the great maritime powers have in the seas of
this hemisphere, it is impolitic and unsafe to neglect the means of
preparation at our command for protecting the colony in the event of
its being attacked by an enemy.
" 2. That the maintenance of regular troops in the colony for its pro-
tection is unwise in policy, and cannot be efEective without becoming
an excessive burden on the public revenue.
'* 3. That the true principle of military defence, and the only course
which would ensure effective resistance in extreme circumstances, is to
habituate the subjects of the Queen in this colony to the use of arms,
and to foster among all classes a loyal and patriotic spirit of reliance on
their own valour and military organisation.
" 4. That any opinion herein expressed is not intended to apply to
the protection afforded by Her Majesty's ships of war in the Australian
waters.
" 5. That the foregoing resolutions be conveyed in an address to the
Governor-General, with a request that His Excellency will be pleased
to bring them under the consideration of the Executive Council, and
also to transmit a copy of the same to Her Majesty's Principal Secre-
tary of State for the Colonies."
Mr. Parkes : It was scarcely possible to attach too much impor-
tance to the necessary provision for protecting their national
honour as a British community. Nor was he amongst those who
thought that the time of hostility and warfare amongst the nations
of the civilised world had passed away. Looking to the advance
of arms in Europe, and to the unscrupulous character of particular
Governments, they might be fully prepared to anticipate any aggres-
sion that was practicable from those powers ; since the only
considerations about such an aggression would be the probability
H
98 speeches.
of its success, and whether success would contribute to the end
those powers had in view. That this danger — the danger of a
rupture between the parent land and some one or more of the
great powers of Europe — was admitted by persons most competent
to form an opinion on the subject he should be prepared to show.
But the most satisfactory way of proving this would be for him to
lay before the House the opinions of men entitled by their
experience and standing in the political world to be accepted as
authorities. He should not attempt to detain the House with any
discussion to prove the value of these authorities, but should
confine himself to quoting from the speeches made in the House
of Lords by Lords Lyndhurst and Ellenborough. The powers
from which danger was to be apprehended were France, in the
event of a rupture with England, and Russia in' connexion with
China, although that was a more remote contingency in point
of time ; but the danger of a rupture with France was
imminent, and the relations between the two countries were
uncertain from one day to another — whilst from intelligence
received mail after mail it seemed to be an almost universal
opinion that war was imminent. He would now read a few
short extracts from the very remarkable speeches delivered in
the House of Lords on the occasion alluded to. He need only
premise that Lord Lyndhurst occupied a peculiar position amongst
the statesmen of Great Britain. His great age, his splendid
abilities, the distinction he had won in the highest offices of State,
and his personal authority as a public man, together with the truly
British spirit that always animated his conduct — these special
features of his life placed him in the position of a national watch-
man, giving a tone and feeling to the national mind and the
national heart. In his speech of the 5 th July Lord Lyndhurst
drew a vivid and powerful picture of the mother country, in regard
to her capabilities of coping with the power of France in the
event of a rupture. He said : —
" Last year we were in this position : France exceeded us in line-of-battle
ships in a small proportion, but she exceeded us in an enormous proportion
in steam frigates. At present we surpass her in line-of-battle ships consider-
ably, but we are still greatly inferior in those important vessels, steam
frigates. We shall, in the spring of next year, surpass her still more in line-
of-battle ships, but we shall still be inferior to her in steam frigates. This
is a point for the consideration of your lordships and the consideration of
the country."
Defence of the Colonies, 99
He then spoke of the comparative naval training that was
undergone in France and in England, and said : —
" The French for several years have had a system of training of a most
perfect kind — training in the conduct of a vessel, and training not only in
the conduct of the vessel, but in gunnery. The moment a French ship is
afloat that moment they have trained men ready to go on board the vessel.
I am sorry to say, from all I hear, and all I observe, we have not such a
system as that to which I have referred — a system of the utmost importance,
but which in this country, hitherto, has been almost entirely neglected."
There were other passages showing the uncertainty of victory
in the event of a rupture and the danger that must in any case
attend such a rupture. After having urged the Lords to sanction
the motion for putting the country in a more efficient state of
defence, Lord Lyndhurst said : —
" But I may be asked, ' Why do you think such measures requisite ? Are
we not in alliance with France? Are we not on terms of friendship with
Eussia ? What other power can molest us V To these questions, my lords,
my answer shall be a short and a simple one. I will not consent to live in
dependence on the friendship or the forbearance of any country. I rely
solely on my own vigour — my own exertion — and my own intelligence.
Does any noble lord in this House dissent from the principle which I have
laid down ? I rejoice, my lords, to tind that such is not the case. But
while this is a matter for congratulation, I regret to be obliged to say that
we do not stand well upon the continent of Europe. I do not think late
events have improved our position in that respect. But I go further, my
lords, and express my belief, as the result of my own careful observation,
that if any plausible ground of difEerence should arise between this country
and Prance, and that difference should lead to hostilities, the declaration of
war with England on the part of the Government of that country would be
hailed with the utmost enthusiasm, not only by the army of France, but by
the great mass of the French people. If I am asked, ' Will you not rely
upon the assurances and the courtesy of the Emperor Napoleon V I reply
that I have a great respect for that high person, and that I will not enter
into any explanation on this subject, but will leave every noble lord to draw
his own conclusions, and to form his own opinions. This, however, I will
say, and I can say it without impropriety. If I am asked whether I cannot
place reliance on the Emperor Napoleon, I reply, with confidence, that I
cannot place reliance on him because he is in a situation in which he cannot
place reliance on himself. He is in a situation in which he must be
governed by circumstances, and I will not consent that the safety of this
country should depend on such contingencies."
He thought it was Lord Cowley who stated it as the result
of his observation as a resident in France that there was not
a widowed mother in the country who would not give her last
son for a war against England. That was the state of feeling
H 2
loo speeches.
in France according to the authority he had mentioned, and
higher authority could not be found throughout the length and
breadth of English society. In another portion of the debate to
which he had alluded, and in which some of the first men in
England took part, Lord EUenborough used these remarkable
words, referring to Lord Lyndhurst who had opened the discus-
sion : —
" My noble and learned friend has put an end to that fatal course of self-
deception in which this country has for so many years been indulging. He
has distinctly placed before the House and the public the pictures of what
we were and what we are — of what we are under circumstances the most
perilous which have occurred the last half-century."
In a later part of his speech Lord EUenborough continued : —
*' We hear the war declared to be for the purpose of changing the
existing distribution of power in Europe, which has lasted untouched
from the treaty of Vienna to the present time. "We see it con-
ducted by such an extraordinary force as naturally to produce alarm in
the mind of anyone in this country. France in this war appears almost as
a new power in Europe. If it be true, and I accept the declaration of the
Emperor that he made no preparations, it is on that account I entertain
the greatest alarm. If, without any previous preparation, the Emperor of
France can in six or eight weeks place 200,000 men, perfectly equipped for
military operations, in the centre of northern Italy — if he can send 80,000
men by sea, most rapidly, with most perfect arrangements, with all that is
required of munitions of war and provisions carefully packed, as if there
had been forethought, and as if intended for transmission by sea — if in
addition to that, in a small space of time, he can place from .30,000 to
40,000 men in a powerful fleet in the Adriatic, and there effect a descent
and a rehearsal of the invasion of this country — when I see these things done,
when I see the diminished force of this country, as detailed by my noble
and learned friend, in comparison with the force of France, I do feel appre-
hensive, and I do feel that it is the bounden duty of Government and of
Parliament to place this country in a state of unattackable security."
He thought that these extracts, embodying as they did the
opinions of the highest authorities in the mother country, were
sufficient to show that we ought not to lull ourselves into a sense
of fancied security. Now he maintained, and he appealed to the
common sense of every hon. member who listened to him, that
the colony at the present time was in a perfectly defenceless state.
We hear that after expending enormous sums for the construction
of batteries,* they were of scarcely any use unless much greater
expense was gone to in providing men to man them — that they
* The expenditure incurred under the administration of Sir William
Denison in constructing Fort Denison and other batteries.
Defence of the Colonies. loi
were not alone of no use but in the event of an attack they would
be worse than useless — they might be turned against us by
an invading force. From what we knew was going on in
Europe we were aware that an attacking force could be landed
here by two or three transport vessels containing four or five
thousand men. He believed that France at the present time was
constructing, if she had not completed, several steam transport
vessels capable of carrying about 3500 men each. Of course he
would be met with the assertion of the unlikelihood of such
vessels coming to these seas. But in the event of a rupture in
Europe he apprehended that one of the first movements would
be a well-organised attack on the Australian colonies. And he
also apprehended that in carrying out such a well-organised attack
by such a power as France — which, as Lord Lyndhurst said,
had appeared in this age as a new power in Europe with an
enormous increase in all the preparations for war — it would
not be inferior vessels that would be sent to these waters, but
that even if the vessels he had referred to were not sent, those
sent would be of very great power, capacity, and speed ; so that
in all probability two vessels would land on our shores, without
warning or note of preparation of any kind, a force of from three
to four thousand well-disciplined men. Let them look at the situa-
tion of the colony. We had at the present time an artillery corps
containing a trifle above a hundred men, who were supplemented
by the infantry at the barracks, making the number altogether
about 583 men. Now he could not believe that in any attack
that might be made upon the colony, this force would be of
much avail to the community. He had every confidence that these
men before an army of soldiers sixfold their number, or perhaps
a greater proportion, would do their duty ; but he thought they
would lead a very forlorn hope, and the result would be their own
destruction without any protection to the country. The cost of
these men, comparatively speaking, was enormous ; the sum placed
on the estimates for the payment of the 583 men was no less
than £16,308, and we were paying only the artillery in full, giving
an allowance to the infantry in barracks. So that for this distant
colony the cost of a very small and inefiicient force was £16,308.
It struck him very forcibly that a long residence in a colony
was not the best possible mode of discipline for regular troops,
and he should scarcely be inclined to expect the same amount of
I02 Speeches.
efficiency in troops lying idle in the colony for a number of years
as in those under a more regular employment, and who had
more frequent opportunities of going into active service. But
be that as it might, these regular troops were not formed of a
different class, of a different nation, of a different birth, of a
different material from the common population of the colony.
They were recruited — as all persons acquainted with recruiting
operations in England would know — chiefly in the English towns;
and there was nothing in the circumstances, or condition, or
character of the men who formed the standing army of England
that could place them in a better position for effective service than
any body of our fellow-colonists who might be enrolled and dis-
ciplined in the same manner here upon an altogether different
principle. If this system continued we must have a sufficient
number of these troops in the colony for the effective resistance
of such a force as would be sure to be collected for an organised
attack on the part of any of the great maritime powers ;
and thus, by incurring an enormous expenditure, unnecessarily
burden the resources of the colony. There was no argument
that he could discover why an Imperial force should be more
effective for the purposes of defence than a force composed
of residents in the colony. That we ought to raise such a
force he did not think required any argument. Even the
advocates of the Peace Society in England deemed that England
ought to be placed in a state of eflective preparation against
attempted invasion. Both Mr. Bright and Mr. Cobden had
within the last few months expressed their opinion that the
country ought to be placed in an effective state of defence ; and
this being admitted so generally, argument was not required to
show its necessity here. The question he wished to raise was,
whether it was advisable to create a force of our own by enrolling
the inhabitants of the colony, or to depend upon the armed forces
that were eating out our vitals without contributing to our
industrial powers or being of sufficient strength for our defence.
It might be thought that the mother country would contribute to
the maintenance of the necessary troops for our defence, but he
was disposed to doubt that altogether. The tendency of feeling in
the mother country, and especially in the Imperial Parliament,
would not lead any one to expect that England would consent to
incur any great expense for the defence of the colonies. Moreover,
Defence of the Colonies. 103
the Imperial Government had directly intimated on more than one
occasion that the colonies must provide for their own defence. In
a despatch from the Secretary of State for the Colonies under the
late Government, which he believed had not yet reached His
Excellency the Governor, this was alluded to. And in a despatch
from Sir Bulwer Ly tton addressed to the Governor of Antigua only
last year the subject was more definitely treated, and the feeling
of the British Government was expressed in a very marked
manner, to the effect that the colonies must rely for their general
defence upon their own resources. It appeared to him, then,
that if we were disposed to rest upon the protection to be afibrded
by the Imperial troops we should rest upon no certainty. They
might and most likely would in time of war be withdrawn from
us for more urgent purposes; and not to raise the necessary
means of defending ourselves would be in reality to leave ourselves
at the mercy of any attacking power in a war between the
leading countries of the world at the present time. There was
the more reason why we should take this course, in consequence of
the intimate knowledge France and America had of our shores
and the neighbouring islands, every available inch of ground
being known to them as well as to ourselves ; and in many respects
he was inclined to think they had a much more correct knowledge.
Then, France had a port of refuge within a very few days'
sail of our own harbour — a port of refuge which he was given to
understand was so well protected by forts that it would be almost
impossible to follow vessels into the harbour of New Caledonia.
What were the military forces of France at New Caledonia he was
not in a position to say, nor was it of much consequence ; for with
the great facility that country possessed for removing military
forces we could not be certain from one week or day to another
what power might not be at her command in these seas. We
know that no power in the world has greater means than France
has of providing the necessary forces for a successful attack upon
the Australian colonies ; nor was any other power so well pro-
tected in the Australian seas, as she always had the convenience
for a hostile force in a port as contiguous to our shores as an
enemy could wish it to be. With regard to the affirmation in
the resolutions, " that the maintenance of regular troops in the
colony for its protection is unwise in policy, and cannot be effec-
tive without becoming an excessive burden on the public revenue"
I04 Speeches.
— that was apparent from the knowledge we had of the expense as
shown by the estimates for the military, taken into consideration
with the numbers required. It was estimated by the Governor
that the annual expense of a battalion of 658 men with officers
would be, in round numbers, £4:0,000. This expense His Excel-
lency calculated would be reduced by the proportion to be con-
tributed by the Imperial Government, leaving the colony to pay
£24,000. But we could not depend upon any portion of this
expense being sustained by the Imperial Government ; for the
whole tendency of English feeling was to throw the work of
defence upon the colonies themselves. But even this land force
could not be effective for the purpose of successful defence against
invasion. He would here remark that Colonel Percival had, at
His Excellency's request, prepared a very interesting paper on
our means of defence; that officer was of opinion that if the
colony were attacked, it would be after the manner he (Mr.
Parkes) had endeavoured to describe, by a force of some thousands ;
and he was also of opinion, confirmed by other military autho-
rities, that there would be a combined attack by sea and land. In
our harbour and along our coast infantry would be landed so that
we should be attacked in front and rear simultaneously. He
saw also that Colonel Percival, to a great extent, raised precisely
the same question as was raised by these resolutions. He would
read a few short extracts from Colonel Percival's paper : —
" The manner in which the Governor proposes that this force should be
constituted, in as far as the regular troops and police are concerned, I also
fully concur in ; but as I consider that this force is calculated at the lowest
number that it would be prudent to attempt the defence, I cannot concur
in the expediency of introducing volunteers into the calculation.
" Taking, therefore, for granted that the regular force of the garrison will
be provided, as recommended by the Governor, and that the police are also
made available for duty, there would still be 220 men required."
Again he says —
*' The militia is a truly constitutional force, and although in times of
peace the expense may be felt to be burdensome, yet as it engenders that
spirit by which alone the efforts of a free people can be directed to the
defence of their country and institutions, its true value must be at once
perceived, especially when war threatens."
In another part Colonel Percival says —
" I will now refer to the possibility of a combined attack by land and
sea. This, I consider, not only possible, but in the event of this port being
attacked, I am of opinion that this would be the mode adopted by the
enemy."
Defence of the Colonies. 105
Therefore so far as they could reconcile the opinions of these
military authorities, a force of 2000 men is necessary for the
effective defence of the country. There was one other observation
made by Colonel Percival which he should quote : —
" The effect, therefore, of an organisation to the extent named, would be
to deter any enemy attacking this place without an organised force of at
least double the number, and thereby diminishing the probability of an
attack at all."
One great advantage of their placing themselves in a state of
defence was that to the extent this was done they decreased
the probability of being attacked at all. Now if any question
was raised as an objection to his resolutions, that the regular
troops would be a more effective protection, he would be disposed
to appeal to the teachings of all history to the contrary. In their
own country, in particular, they had found that the militia and
the volunteers had been the mainstay of the country in times of
war, and they had in reality supplied a force on which the country
fell back with reliance. It was found in one important battle —
the battle of Talavera — where a great number of the forces were
drafted from the English militia, that they had the advantage
over the military. They knew that the revolutionary regiments
under General Washington, although newly enrolled, imperfectly
clothed, imperfectly fed, displayed superior valour to, and fought
successfully in every collision with, the more fully organised enemy
with whom they had to cope. Why was this 1 It was not because
they were a revolutionary body, but because they were identified
with the country for which they were fighting ; and this would be
the case with us as with them, because in defending our homes
we should be identified with precisely the same principle — the
principle that links us to the country, and places before us
everything that is dear to us in civilised society. The Ameri-
can war would afford us an example in almost every step we
took ; and in saying this he was only uttering the sentiments of an
English statesman. Mr. Gladstone, some years ago, in alluding to
the establishment of a Constitution in these colonies, said there
was no other part of the world where we could better seek in-
struction than the United States of America. In the nature
of things there was no other country with analogous circumstances
and with kindred feelings; and as the progress of America afforded
them lessons in nearly all the events of the peaceful history of the
colony, so it afforded them a lesson to depend on themselves for
io6 Speeches.
their military defence. Tlie troops of Washington were in some
cases reduced to such a state of distress that they were utterly
destitute of food, almost uncovered, without ammunition, without
shoes, and in the midst of all the severity of a deep winter —
at times they could be traced by the blood on the snow, flowing
from their feet:' Yet these troops never exhibited insubordina-
tion, and were as effective as any troops in the history of
the world. To quote the words of Webster, the troops of
Washington were destitute of everything in the world except
their sacred cause and martial demeanour. If men were engaged
in a cause which carried their hearts with it, they would be
good soldiers ; and it was impossible to suppose that a military
force locally raised would not be just as effective in defend-
ing the country against an enemy as any number of Imperial
troops. Within the metropolitan districts there must be 20,000
men capable of bearing arms. He could see no reason, therefore,
why they might not have a militia force of 10,000 men at least. The
enrolment of these men would do good to society, and would infuse
a truer public feeling among all classes, because it would culti-
vate a juster appreciation of all the institutions of the country
and a stronger attachment to the soil. It would make every man
proud of the country where his home was fixed ; he would have
a new interest in his home by becoming a defender of the country
in which he was living. The present standing army of the United
States was not more than 10,317 men. It consisted, he believed, at
the present time of two regiments of dragoons, 1 300 men ; mounted
riflemen, 800 men ; four regiments of artillery, 2808 men ; eight
regiments of infantry, 4464 men ; ordnance department, 585 men;
engineers, 143 ; general staff, medical department, and pay depart-
ment, 217 men; altogether, 10,317 men. The standing army of the
United States — the greatest commercial country next to England
in the world — consisted then of 10,317 men; but the militia
force of the United States consisted of 2,704,454 men, so that
the country, with its inexpensive standing army, had a militia force
that could be called out at all points and at an hour's notice
overwhelming in number compared with any regular army in the
old countries of Europe. It would be interesting to see the
proportion of the militia force to the population raised in the
several States. In 1850 in Maine the militia force was 44,665,
and the population was about half a million. New Hampshire
Defence of the Colonies, 107
militia, 29,639, and population just about the same as this colony;
Massachusetts militia, 95,893, and population a little below
a million. In Rhode Island the militia was 15,786, and
population 147,544. In Connecticut the militia was 58,220,
and population 370,791 — very little over the population of Xew
South Wales. In the State of New York the militia force was
165,544, and population a little over three millions; and so on in
proportion throughout all the States of America, making altogether
a collective force of over two millions. In 1857 — seven years
later — the militia force had risen to nearly three millions. Now
this proportion of the militia force of the country has been steadily
maintained with regard to the population from the foundation of
the Union. He found that twenty-five years ago when the
population was only 13,820,000, the militia amounted to 1,300,000.
In Canada a similar principle obtained. The estimated expen-
diture for the maintenance of the militia in Canada in 1856 was
£36,107 14s. lid. He had not the number of militia before him,
but the estimated expenditure would show it must have been very
considerable. As he thought it was a very great matter how a
force of this kind was composed, or rather of what particular
character it was constituted, he would read how the State Militia
was distributed. He found in Connecticut there were 53,241
infantry, 692 cavalry, 2583 artillery, 1704 riflemen, making a total
of 58,220. It would be seen the great majority consisted of
infantry. So in Maryland the force consisted of 46,866, of whom
41,952 were infantry, 2094 cavalry, 1640 artillery, and 678 rifle-
men, showing that the United States Government were sensible of
the use of the bayonet. It appeared to him that any force raised
in this colony, to be effective, must consist mainly of infantry
corps. He maintained that for them to depend for protection upon
the Imperial Government was in itself contrary to the constitu-
tional liberties of England. As they all knew in the Bill of
Rights, under which their present liberties were founded, it was
strictly stipulated that no standing army should be maintained
without the consent of Parliament. This was violated by main-
taining troops here, because the Legislature could have but little
power over the troops of the Imperial Government. Although
the principle in the Bill of Rights had not been literally carried
out, it had been acted upon to this extent, that Parliament would
only vote the supplies for the army from year to year ; and it was
io8 Speeches.
only by holding this power that troops could not be maintained
without the sanction of Parliament. Here we had no such
power. He held it would be unwise and inexpedient — denational-
ising the country, stripping it of its highest attributes, emascu-
lating it of the British spirit which was its safety — if they
depended upon the troops of the Imperial Government. The right
course to take was to depend upon themselves ; it would tend to
the advancement of society, creating a healthy feeling through all
classes, and they alone could defend themselves in case of an attack
either by France or America. He observed that the hon. member
for Newcastle (Mr. Hodgson) had placed upon the paper an amend-
ment he intended to move upon the resolutions. He would state
at once he should divide the House against that amendment. He
had always been under the impression that the hon. member
belonged to one of the gallant professions, but he supposed he
was mistaken in that belief, because he did not think it was the
characteristic of British soldiers or sailors to parade their loyalty.
He did not think it was the weakness of those gentlemen to
suppose the loyalty of the English people was ever at fault, or
had been put to the question. Their loyalty had always consisted
in defending their country and Queen when called upon, but not
in parading their sentiments before the world. He would say there
was no occasion for such an expression of loyalty ; it would be
most gratuitous, and would lay the House open to the suspicion
that after all it was not so very loyal. There was nothing in the
proceedings of this House or the colony that should induce any-
one to question its loyalty to the mother country, or to lead any
observer to suppose that they were not a part and parcel of the
British people. In submitting these resolutions he wished to
raise the question whether they were to go on trusting to a handful
of English troops which in time of danger or invasion would be
of little use ; or whether they were to follow the example of the
American colonies and Canada, and the example set them by the
mother country in times of great danger, and depend upon their
own arms. Whether the House agreed with him or not, it could
not at all events take exception to his bringing the question of
the defences before the country. A matter of such consequence
might have been better brought forward by some member more
acquainted with the subject ; but if that was not done who was to
blame 1 It was open to any member to introduce the question, but
Defence of the Colonies. 109
as it was left for some time after the House met he took it up, and
whilst he laid claim to no privileges beyond other members he
was not disposed to throw off the obligations that rested upon
him as upon other members. That it was not introduced until he
took it up was sufficient reason for his taking up the question.
He therefore should expect and had the fullest confidence that the
House would address themselves to the subject he had brought
under its notice calmly and dispassionately, fully alive to the
dangers of the present moment and actuated by no feelings 'but
those of true patriotism, and with no other object but to preserve
the honour and security of the country.
[A lengthy debate ensued upon the motion made. The Colonial
Secretary moved an amendment on the second resolution in the
following words : — " That the maintenance of regular troops in
the colony ought to be supplemented by the formation of a
national militia, composed of citizens of the country." This
amendment was carried by 39 to 11 votes, and the resolutions as
so amended were then adopted by 42 to 8 votes.]
SUBSTANCE OF SPEECH
In reply on the debate which arose on the foregoing resolutions.
Mr. Parkes in reply said : He would first notice the singularly
cool spirit in which the Premier had addressed himself to this
question, considering it as something inferior in importance and
urgency to other motions on the business-paper. If the premisses
upon which the motion rested were admitted, and they were
not denied, how in the name of common sense any member,
especially a Minister of the Crown, could consider them inop-
portune he was at a loss to conceive. Was the motion on the
paper which affected the honourable gentleman's own position
more urgent than this 1 Surely he would not say it was. What
did he mean by saying the motion was not one of urgency,
when it was acknowledged in all parts of the mother country
that events were now taking place of the most momentous
character, and that must be momentous here so long as this
colony remained a portion of the British Empire. If the crisis
were urgent in London so it was in Sydney, and ought to be
viewed in as anxious a spirit by our Ministers as by the statesmen
no Speeches.
of England ; and so it would be if they were statesmen instead of
merely gentlemen holding the offices of Government. He would
now reply to an observation which fell from the honourable and
reverend gentleman (Dr. Lang.) He argued that it was a species
of cowardice and disloyalty to call upon the Imperial forces to
defend us in time of war, and that it would savour of a want of
true loyalty. He then went on to say he had no faith in our ability
to defend ourselves, and he drew the extraordinary conclusion
that if we were separated from England we should be perfectly
safe. Surely he had read the fable of the wolf and the lamb, and
must know that between different states as between man and man,
if one desired to pick a quarrel with the other, a sufficient
cause of quarrel would soon be found. If we were worth
plundering there would be found governments and states not
sufficiently scrupulous to abstain from plundering us. They might
have their city desolated contrary to the wishes of those powers
that held the forces at command, through a mere caprice of an
officer or in violation of an expressed command. This might be
done and had been done in hundreds of cases. Their only safety was
in being prepared to fight and to defend themselves with their own
right arms. Why, while hon. members talked of this motion being
a waste of time they were in this position — with 500 armed men
they had batteries which the highest military authorities told us
might be taken possession of by an enemy. We were not safe
from one day to another, but an armed power might be landed on
our shores, our property taken, and our homes laid at the mercy of
our invaders. Surely this was no exaggerated picture. Experience
told them that the great powers, however advanced in civilisation,
were not the less unscrupulous; there was as much barbarity
amongst them as in former times although glossed over by higher
civilisation. Then the hon. member (Mr. Campbell) had told us
that we would be apprised of preparations for war by the electric
telegraph. He must have great faith in our enemies to believe
that they would spare the electric telegraph. It appeared to him
that this question ought to be taken up seriously — if the Govern-
ment had not taken it up he was not to blame for that. He
appealed to the House to adopt the resolutions, which did not
assert that they were to dispense with the military force in the
colony all at once, but simply asserted that it would be unwise
to mainj;ain regular troops for our defence, and that as soon as
Defence of the Colonies. 1 1 1
we were able to defend ourselves they ought to be withdrawn.
They would never make the effort necessary to their defence
unless they were driven to the necessity of making it. One hon.
member had dared to say the people of this colony would as soon
fight under the American as the English flag. He disbelieved it ;
and the sentiment uttered by the hon. member had not even
the credit of the courage of rebellion. He could understand him
if the hon. member himself was prepared to take up arms against
the Government under which he lived, but he could not under-
stand such sentiments as an idle utterance. He disbelieved that
any such feeling pervaded any class in this country. The language
of Wordsworth applied to us —
* ' The land we from our fathers had in trust ;
And to our children will transmit, or die :
This is our maxim, this our piety ;
And God and Nature say that it is just.
That which we would perform in arms — we must !
We read the dictate in the infant's eye ;
In the wife's smile, and in the placid sky ;
And at our feet, amid the silent dust
Of them that were before us. "
STATE OF POLITICS IN 1860.
SPEECH
Delivered at a Public Meeting of the Electors of East Sydney, November
1860.
[A Meeting of electors of East Sydney, convened by the friends
of Mr. Parkes, was held on the evening of Monday, November
29th, 1860, in the Temperance Hall, Pitt-street, which was
crowded to excess. On the platform were the Mayor of Sydney,
Mr. Windeyer, Mr. Harbottle, and a number of gentlemen who
had 'been in the habit of supporting Mr. Parkes. Mr. W. Henty,
the Colonial Secretary of Tasmania, was also an auditor. Mr.
Parkes was enthusiastically cheered on entering the hall ; and a
large number of persons were unable to obtain admittance. On the
motion of Mr. Mountcastle, the Mayor took the chair. The Chair-
man read the advertisement calling the meeting, and introduced
Mr. Parkes.]
Mr. Parkes said he should perhaps be believed by most persons
when he assured them that it would be in vain for him to attempt
to find words to convey to them his gratitude for the cordial recep-
tion he had met with that evening. There were many circum-
stances connected with his public life and with his personal
history which rendered this reception peculiarly gratifying to him.
Before he proceeded to what was his proper business as a candi-
date for their suffrages, perhaps he might for a few minutes be
permitted to explain the exact position in which he stood before
them. About eighteen months ago they returned him at a general
election as one of their representatives. In the course of events a
dissolution took place. That dissolution took place after a peculiarly
laborious and harassing session, and he at once confessed that he
then felt too much weariness and too strong a desire for repose to
think much about his re-election. At the beginning of last week
he was waited upon by a deputation from a meeting held in this
city to know if he would consent again .to become a candidate.
He stated to the deputation that, looking upon a dissolution of
State of Politics in i860. 113
Parliament in this constitutional light, that it was a declaration
that the members had lost the confidence of their constituents,
and no longer represented those opinions which it was supposed
they represented at the time of their election ; looking upon a
dissolution as referring them back for the expression of the opinion
of the electors, as to whether they had performed their duty faith-
fully or not, he should have considered it his duty to offer his
services again to the electors of East Sydney, without reference
to any other consideration whatsoever. He regarded the case as
one in which men who had any public reputation at stake could
not feel at liberty to shrink from the responsibility before the
country which they had incurred. Therefore he told the deputa-
tion that, whether they had moved or not, he should have placed
himself in a position for the electors to pronounce their verdict
upon his conduct. He at once consented, with an expression of
gratitude for the trouble the deputation had taken, again to become
a candidate. Since then he knew nothing whatever of what had
taken place, except what he had learned from the newspapers.
No member of the committee sitting in Sydney, acting for him, had
ever written to him on the business of the election. His only
channel of information in reference to the steps which had been
taken on his behalf had been the public press. This was his first
personal association with the election, beyond the assent he gave to
the deputation. Perhaps they would indulge him a little further in
the preliminary remarks he wished to make, while very briefly he
retraced his political connexion with this city. He was by far
the oldest representative of Sydney now in the colony. More than
seven years ago he was elected in opposition to a very upright and
worthy gentleman by a majority of two to one. He was again
elected after the establishment of responsible Government, being
only eighteen votes from the head of the poll. He was for a third
time elected in the early part of last year. He was now therefore
asking them, if they had confidence in him, and if they thought
there were no four of the other gentlemen tendering their services
to them fitter for the trust than he, to elect him for the fourth
time. During this long period — a long period of political history
in the colonies — he had been very intimately mixed up with all
that concerned the city, and he thought he might almost say with
most questions of importance that concerned the country. It had
been said — he had noticed — at some meetings which had been held,
I
114 Speeches.
that he had been very regular in his attendance in Parliament, and
he had heard it hinted that this might be attributed to some
peculiar reason. But if they were to take the trouble of searching
the records of the former Legislatures, they would learn that his
attendance did not begin with last session. From the first day
that he took his seat in the Legislature he felt that it was his
bounden duty to be present on all important occasions, and to
absent himself on no occasion unless for reasons which admitted
of no denial. The legislative records for the last seven years
would show that his name appeared in nearly every division list
from first to last. He did not believe that throughout the many
hundreds of divisions which had taken place during those seven
years his name would be found absent from twenty. He
therefore might very well refer the electors of Sydney for
an exposition of his views — for an explanation of his prin-
ciples — to the votes he had unflinchingly recorded in the
Legislature of the country. It was from a feeling of this
kind, and from a sense he had always entertained and
cherished that a public distinction was no distinction at
all unless it was won boldly and independently, that he deter-
mined on this occasion not to go beating about the constituency
of East Sydney for support. His public conduct was before the
citizens of Sydney and before the country. He had scarcely any
opinion to modify — scarcely any vote recorded that he would
wish to change, and he appealed to the parliamentary history
for an answer to all inquiries as to his fitness to represent the
city. But while, taking that ground — though it was high ground,
he believed it was equally honourable to them as to himself — he
considered it to be the duty of every man seeking the suffrages of
his fellow-citizens to come before them face to face — to allow them
every opportunity of questioning him as to any of his public acts
— to let them hear fully what he had to say for himself, and to
put him through whatever test or trial their ingenuity or patience
might invent. It was to afford them this full opportunity, and in
discharge of what he conceived to be a duty that belonged to his
position as a candidate, that he presented himself before them
that night. He might refer specially to some of his own acts in
the Legislature of the country if time permitted. He had been
in every session what was known in parliamentary circles as a
pretty regular committeeman. He had been chairman of some
State of Politics in i860. 115
seven or eight committees during different sessions, and if he only-
enumerated the designations of some of those committees they
would serve to show the direction which his labours — whatever
they were worth — had taken in the Legislature. One committee
was to consider the propriety of establishing a nautical school in
the country, with the view of collecting the numerous class of
friendless boys cast upon this large city, and of converting
them into what the country will stand much in need of in future
years — a colonial marine. Another committee was to consider — (he
was speaking of some years ago) — the capabilities of this country for
agriculture. That was appointed, at a time when it was influen-
tially promulgated that New South Wales was only fit for pastoral
pursuits, to endeavour to collect information counteracting that
impression. And at this stage he might perhaps be permitted to say
that one of the most valuable witnesses examined before that
committee was the present Secretary for Lands, Mr. John Kobertson.
Another of the committees was to inquire into the subject of
the adulteration of food — a subject which, as many of them would
be aware, had attracted great attention and most deservedly so in
the mother-country. Another committee was to consider the
subject of the introduction of the electric telegraph, and it was
upon his report that the first electric telegraph in the colony was
established. Another of the committees, in the late session, was
appointed to inquire into the social condition of the working-
classes. He had just enumerated the heads of the various
inquiries to show the direction his labours had taken in com-
mittee business. He might go further, but time would not
permit. He now came to what was peculiarly part of his business
there, to give some account (and that would necessarily be hasty
and imperfect) of his stewardship in the last Parliament. He
was elected in June last year. Parliament met at the end of
August. The first motion that he submitted to the Legislature
was for the repeal of the duties on tea and sugar. Many of them
would recollect that this was in accordance with views which he
expressed during his election. His motion was carried, and
thereupon the Government of the day took it into their
heads to be embarrassed ; there was not the slightest neces-
sity for their being embarrassed, but they thought it a good
opportunity to get into a state of political embarrassment, and
after declaring that if he (Mr. Parkes) had only waited a few
1 1 6 Speeches.
days longer they themselves should have done the very thing he
did — they resigned, because he had strengthened their hands by a
parliamentary vote to do it. They had gone on for eighteen
months, and yet the Government that had been in power pretty
well from that time to this had not done much towards repeal-
ing those duties up to the present time. The next vote of
importance was given against the Government Education Bill,
the second reading of which was negatived by a majority of some-
thing like fifty-seven to eight. There again the Government
determined to be embarrassed, and they resigned. On the first
occasion the Government of the day, as many would recollect,
resigned, but owing to circumstances which time would not
permit him to explain now, even so far as his knowledge ex-
tended, they were recalled to power ; on the second occasion there
were men found sufficiently desperate to take office and to prevent
their recall. Then they had what would be known to all as the
Forster Ministry, and he should take the liberty of briefly
entering into one or two explanations with regard to the forma-
tion of that Ministry, because in consequence of the course he
thought it his duty to take towards that remarkable political
combination he had been much misrepresented. He did not
mean that he had been extensively misrepresented, but that
statements had been made very much opposed to the real state of
the facts. For instance, it was promulgated that he opposed that
Ministry through wounded vanity because he was not consulted
in its formation. He had never chosen to explain or to refute
that charge, or even to speak of it in public at all until the
present moment, but the fact was that Mr. Forster met him in the
street in the course of the formation of his Ministry and told
him that he was then seeking him to explain to him what
he had done, and to ask his advice. He (Mr. Parkes) had heard
the rumour — for rumour, as they were well aware, is very
prevalent on occasions of such a kind — of what Mr. Forster had
done, and he put a question to him with the view of eliciting
whether such was the case. Mr. Forster then repeated to him
the names of the gentlemen he thought of inviting to join
him in the Government of the country — names which rumour
had previously assigned to him. He instantly and without a
moment's deliberation said to Mr. Forster — " The course you have
taken, and the names you have selected to form your Govern-
State of Politics in i860. 117
ment, so entirely surprise me that I must decline oflfering you any
advice on the subject." He thought it but justice to himself to
explain thus much, but perhaps he should not have deemed it neces-
sary if it were not for going on to state why he felt no friendly
disposition towards the Government from the first. He had always
considered it a principle in constitutional government — wanting
which constitutional government would be in danger of running
into one of the worst forms of mis-government — that men who had
won the public confidence fairly — by ability, fidelity to principle,
and by valuable services — should be called upon to govern the
State. And without wishing to say a word in disparagement
of the gentlemen whom Mr. Forster chose to invite to form his
Ministry, he could not detect in them or in their lives one single
qualification such as he had always been led to suppose are the
qualifications which entitle men to be called upon to take part in
parliamentary government. He could not understand how any
gentleman, whatever might be the amount of his intelligence —
however high might be his character — who had never taken any
active part in public afiairs — who had come out of a mercantile
counting-house a day or two before and had been nominated to a
branch of the Legislature generally unpopular — he could not
understand how any gentleman so circumstanced could be
suddenly elevated to one of the most responsible offices in the
country. He therefore disapproved altogether of the manner in
which that Government was formed, as ignoring what he main-
tained lies at the very root of parliamentary government —
that the country should be governed by men who have fairly won
the confidence of their fellow-citizens. Having, as he said before,
been unable to approve of this Government from the first, he
determined to meet it on neutral ground. He determined that if
the Government after it was formed showed an aptitude for public
business — if its members showed that they were masters of the
situation which he conceived they had usurped — if they produced
sound measures and carried them out with an intimate knowledge
of the Parliament with which they had to deal — then he would
allow himself to be won to their support. He would allow
himself to be won by the merits of their measures. He met them
therefore with no very friendly feeling, but with no unfriendly
feeling; with a desire, however, to watch them closely: to
criticise their conduct, it is true, but to find out what was good
ii8 Speeches.
in them and to support it. But he would appeal to any man —
he cared not whether he agreed with him or not — who had made
it his business to watch the proceedings of the Legislative
Assembly, whether that Government did not prove itself so
utterly impracticable — whatever might have been their good
intentions or their intelligence — as to make it apparent to
common sense that they could not possibly carry on the business
of the country. One thing that a Minister under responsible
government ought to know above all things they did not appear
to know at all — namely, the character and genius of the
Assembly by whose permission they held office. They were con-
stantly thrusting themselves into hot water when there wa.s no
necessity for it. They were constantly damping the support of
their friends and bringing upon themselves the ridicule of their
opponents. It was solely on account of the utter impracticability
of that Government, not from any distrust of their honesty of
purpose, that he gave his vote at last to displace them from
office. The Bill upon which the Forster Ministry was driven
from power was one to Reconstruct the Legislative Council. It
was in character somewhat like the present Land Bill, con-
taining a considerable amount of good and a considerable amount
of mischief It was indeed a very impracticable measure — crude,
unstatesmanlike, and destitute of one important principle without
which no second House he firmly believed could be constructed
— the principle of indissolubility in connexion with rotatory elec-
tion. Altogether the measure would have been quite unworkable
unless amended in committee. He saw then — as he had seen for
twelve months before — the urgent necessity of reforming the
Legislative Council so plainly, that he was a long time before he
could determine to vote against that measure ; and if it had not
been for the impracticable character of the Government, added to
the crude and unworkable character of the measure itself, he
should have voted for the second reading, in order if possible to
have made it in committee such a measure as might have averted
a calamity that was now inevitable. But he reasoned thus :
that it would be impossible, in the existing state of things, for
this abortive measure ever to be moulded into a better shape —
that if we went on with it time would be lost, and we should be
brought, to the period when it would be impossible to work out
this reform at all. A consideration of this kind, he confessed,
State of Politics in i860. T19
largely influenced him in the vote he gave on the occasion.
During that Administration he (Mr. Parkes) introduced and
carried by a large majority a series of resolutions affirming the
principle that this country must protect itself from foreign enemies
by its own inherent strength. He viewed that question, after
much consideration, in this light — that if we were ever invaded,
we should be invaded by so formidable a force that no number of
the regular troops which we could afford to keep would be suffi-
cient to stand against the invaders. But the county of Cumber-
land would supply us with 10,000 men within easy distance of
Sydney who were capable of bearing arms. Half this number
properly disciplined to the use of arms would be able to repel any
foe likely to attack us from without. He also held this as a
general principle — that the inhabitants of all free countries
— so long as nations settle their disputes by appealing to the
sword — should be trained to the use of arms. We wanted no
incipient standing army amongst us : but by our young men learning
the use of arms, learning to depend upon their own bravery for
the defence of their friends and relatives, their homes and altars, a
prouder spirit would be fostered in the community and we should
stand a chance of attaining a much higher elevation as a nation.
Those resolutions were carried by a majority of something like
three to one a very considerable time ago, but up to the present time
no steps had been taken by the Government to carry them out ;
the only movement had been made by members of the general
community in forming volunteer corps. But the encouragement
given to the formation of those companies, he very much regretted
to say, had not been so cordial in all respects as he thought it
ought to have been. After the resignation of Mr. Forster there
was much shuffling of the cards before another Government
was formed, but at length Mr. Robertson took upon himself to
form the Government we now had presiding over the desti-
nies of the country. The session was continued avowedly on
the principle that nothing should be done except the passing of
the Estimates, with the view of having an early second session to
pass a Land Bill and provide for the expenditure of 1861.
The session was nevertheless continued for several months, but
the Government consistently adhered to their first announcement
that they would introduce no important measure, in order that
they might bring the business to a close as soon as they could,
1 20 Speeches.
so that the second session might be commenced as early as pos-
sible afterwards. The session went on for altogether a period
of ten months, and Parliament was prorogued on the 4th of
July. He amongst others, and he more especially, had lost
no opportunity to warn the Government throughout the session
then closed, and in the course of previous sessions, of the
necessity for legislation to reform the constitution of the Legisla-
tive Council. In some words that he had found it necessary to
address to the House before the last prorogation he had pointed out
the necessity for as short a recess as possible, merely as a matter
of form, so that the Government might at once and without delay
take up this question of reforming the Council. But notwith-
standing that this protracted session terminated only in July, the
Government unwisely allowed a recess of eighty-one days to take
place. They allowed this although they had the question of reform
of the Council staring them in the face, and had had it staring
them in the face for the last seven years, for the Constitution Act,
be it remembered, was passed in 1853. They had the fact before
them, then, that in the early part of May next the Council must
be nominated for life if not reformed before that time, and no
earthly power could prevent it. Yet notwithstanding this the
Government inflicted a recess of three months on the country.
The late Assembly was called together for its second session
on the 25th September. After all this unnecessary delay the
Government met the Parliament and the country with a Land
Bill that had been delayed from day to day, from month to
month, and from year to year, ever since the establishment of
Besponsible Government. They met Parliament with this Bill on
their hands — with a Council Reform Bill on their hands which it
was almost impossible to pass in time — and with the Estimates to
be carried through Parliament. He could not believe that any
body of men, forced to the grave consideration of this question as
Ministers from their position must necessarily have been, could
seriously expect to pass their Legislative Council Bill at this late
season; and he would tell the meeting why. The Constitution
Act under which we lived provided in its 1st, 2nd, and 3rd
sections that the Parliament of the country should consist of two
Houses — the one, the Assembly, being elective; the other, the
Council, being nominated for five years. Of course it followed
from this that no legislative business could be transacted without
State of Politics in i860. 121
these two Houses being in existence, because without the two
there could be no Parliament at all. Thus if the Legislative Council
ceased to exist the functions of the Parliament would be gone.
Under the Constitution Act it was provided that these nomi-
nations for five years should take effect from the day on which the
first nominations to the Council should be made ; consequently
on that day five years the whole Legislative Council fell
asunder by effluxion of time. But it was further to be taken
into account that the 36th section of the Constitution Act provides
that any Bill for altering the constitution of the Council should
be sent to England for her Majesty's assent, and that a copy
of such Bill should be laid upon the table of both Houses of the
Imperial Parliament for thirty days before the Queen could be
asked to give her assent to it. Therefore it was almost out of the
range of possibility, after the commencement of the session just
terminated, for the Government to have given effect to any reform
of the Council, even though the Bill had been passed with the
greatest rapidity, since they could not have sent it home for the
Royal assent, allowed it to lie thirty days on the table of the
Imperial Parliament, and have received it back by the 3rd of
May next. Thus it had been from the first certain that we
were to be afflicted with these nominations for life. The Consti-
tution Act was framed by Mr. "Wentworth, and he by intro-
ducing the unpopular provision of nomination into the Bill had,
notwithstanding his great talents and his many past services to
the country, incurred almost universal condemnation. Mr.
Wentworth however argued the matter thus : — ^* I believe in this
nominative principle. You say it will not answer. Well, to satisfy
you I will insert a provision that it shall only last for five years.
You will then have tested it, and if you do not like it you will
have the opportunity of changing it. But if you do not avail
yourselves of the time thus given you to change it you will have
the second nominations made for life." That was Mr. Went worth's
argument, and it must be acknowledged that there was reason
in it ; and he would fearlessly say that since the Constitution
Act had been in force, though we had had liberal Ministries in
power all the time, no worthy attempt had been made to alter the
constitution of the Upper House, nor had any Bill been intro-
duced to effect this object whose statesmanlike character would
justify the belief of any reasonable man that the Ministry which
122 Speeches.
introduced it had thought at all seriously upon the subject. These
were facts that formed part of the country's history. They were
facts which could not be obliterated from that history, and by this
" inexorable logic of facts" let the blame rest on the head upon
which it ought to fall. He spoke in strong terms on this
subject, for he felt strongly upon it. He looked on it as an
impending calamity, and as he had taken a most active part in
opposing this provision seven years ago and had done all he
could to urge on legislation upon this subject^ he naturally felt
bitter disappointment at the result. It was quite certain that
blame must rest somewhere. Any one of common sense who
would look at the facts could trace it to the right quarter. This
continued neglect with its fatal result was treason against the
liberties of the country. It was treason against the liberties
of this country far greater than that for which Ministers of State
in earlier times had been impeached and had lost their heads.
However, to pursue the thread of his observations on the business
of the late session, amongst other motions for which he was
largely answerable was one for connecting this country with
America and Europe by means of steam communication across
the Pacific. He believed that in this he had acted in unison
with the feelings of the most intelligent members of the com-
munity. At all events he had been backed up by an influential
petition which bore upwards of a thousand signatures, amongst
which were those of most of the leading firms of the
city. Nor was this a new subject with him, for years ago
he had maintained that to give New South Wales her proper
place in the Australian system steps ought to be taken —
whatever might be the amount of trouble or the cost in money —
to make her known amongst the great nations of the world ; that
she ought not to submit to being the last port of communication
with the great seats of civilisation in the other hemisphere.
And whilst he could see no large benefit accruing to the colony
from the expensive system of steam communication by way of
India — for New South Wales had no sympathies in common with
the nations of Asia and very little commerce with Continental
India — no benefit in fact beyond the mere advantages of a postal
service, he thought he could see, on the other hand, very great
advantages to be attained by bringing New South Wales into
closer communication with that great nation of Anglo-Saxon
State of Politics in i860. 123
origin and of British blood — the United States of America.
Nature had pointed out to them a way across the Pacific by which
they might connect themselves with the United States in their
intercouse with the mother country ; and such connection he
believed would be fruitful of advantages incalculably valuable to
them as a growing people. He had supported these views whenever
occasion presented itself, and in the late Assembly he succeeded
in carrying a resolution embodying the views he had now expressed.
At the commencement of the second session he determined to take
this course on account of the necessity for legislation on the
land question, and of the near approach of that fatal day on
which these nominations to the Council must be made for life. He
occupied as little as possible of the time of the House, though
there were many subjects which he desired to take up simply
because he considered them of very great importance and because
he saw no one else attempting to deal with them. But he
had restrained himself in order that no obstruction might be
thrown in the way of the Government, and he would appeal to
those around who had noticed the proceedings of Parliament whether
during the last session he had not been less active than formerly.
The Land Bill was then introduced, and he believed the gentleman
who was understood to be the author of that Bill was sincerely
anxious to make provision for the settlement of the people upon
the public lands of the colony. He said thus much because, as
he should have to speak of the Bill in a manner that might imply
that he entertained a hostile feeling to Mr. Robertson, he wished
the meeting to understand that he had no feeling of such a kind ;
but when men became public men and undertook the responsi-
bilities of governing a State they must not expect to be spared
from mere considerations of private friendship. They had to be
dealt with as steam-engines that are set up for the accomplish-
ment of a given work ; and we had to look to their effectiveness,
unrestrained by considerations of personal feeling. He would say,
then, that he believed that Mr. Robertson had been for years
anxious to effect the ends his Bill was supposed to provide for.
Instead of occupying the time of the House by the expression of
his own opinions on the Land Bill, he determined to watch its
progress in committee, to support those provisions which he
honestly approved, and to use his utmost endeavours to amend it in
those parts where he thought he saw ground for improvement. He
1 24 Speeches.
steadily pursued this course, and althougli he spoke on the second
reading he did not occupy more than fifteen minutes of time.
When he saw the pastoral tenants of the Crown who had seats in
the House opposing the Bill he thought at first that it must be
a sham fight got up for a diversion ; for the measure, taken in
connexion with the Occupation Bill, appeared to him to be so
entirely favourable to their interests that he could not believe in
the earnestness of their opposition. But when he saw Mr.
Rotton commencing at the 6th clause with his amendments
for the purpose of shutting out the people from the unsettled
districts, and that he was followed up by an insidious but
determined efibrt from another member to alter the 13th clause
so as to obliterate the most popular feature of the Bill, he
was forced to the conclusion that the object of these gentlemen in
assenting to the second reading was to alter it to their own liking
in committee so as to convert it into a complete squatting
measure. Mr. Robertson's Land Bill did not touch the existing
pastoral leases in any respect ; and those who told them that
the efiect of the Bill would be to let loose upon the runs
of the squatters a horde of persons with ugly names who
would despoil all pastoral property, were in reality simply deceiv-
ing them. The leases of the squatters would be left intact ;
every lease and every promise of lease would be faithfully main-
tained. In no way could the selector invade land under lease so
long as that lease continued in force. Thus every condition was
kept with the squatter that he could justly claim, and it was not
a very unreasonable thing to expect that, whilst the wild grass was
given on the easiest terms to any person who might choose to
invest his capital in the rearing of stock, the rest of the people
should be allowed to select homesteads, especially when the object
was to turn the land to better account than could possibly be done
by pastoral occupation. He had supported free selection before
survey, not because the Ministry had told him to do so, nor yet
because he thought it would please his constituency, but because
he thought it would be the means of removing many families from
a state of helpless dependence — from stifling hovels engendering
disease and premature death to spots where their children might
grow up in robust health and might become useful citizens, whilst
the land itself would be made more productive by their labour for
the general purposes of society. And he would say that free
State of Politics In i860. 125
selection after survey would amount to no selection at all. Who
was it that it was wished to place on the land by this principle of
free selection 1 Not the man of capital. Not the man with his
few hundred pounds ; but the man whose capital was his own
strong arm and his own stout heart. It was the man who would
carry little with him, in founding his hcrme in the wilderness,
beyond the strength of his own indomitable energies and his powers
of endurance — whose capital was in his thews and sinews ; the
man who nevertheless had strongly rooted and glowing within his
bosom, and rising above all other feelings — to use the language of
the poet —
The pride to rear an independent shed,
And give the lips we love unborrowed bread.
But this class of persons who would be most anxious to avail
themselves of the right would be those whose vocations had been
out in the wilderness, and who consequently would know where
to find land that would be useful to them. And if such a man as
he had attempted to describe were willing to stake his all, the very
hazard of his life, on such a venture — for be it remembered that
to the selector it must be success or ruin — if he were willing to
stake the welfare of his family, the investment of his capital,
which was his labour — by what authority were they to stand in
his way and arrest his progress by artificial obstacles 1 It was in
the very fact that he ventured his all — knowing that the result
must be success or absolute ruin to him — that they had the best
guarantee they could have that he would select well. He could
not believe that a stafi* of ill-paid surveyors, who had to struggle
with their Government pay to make provision for their families,
would ever be able to find land suitable for the agricultural opera-
tions of the selector as well as the man himself would be able to
find it. And after all, as had been repeatedly stated^ this free
selection was only what the squatters themselves had been enjoy-
ing for years past. Where would have been the great and
important fabric of pastoral industry if the squatters had had to
wait for a staff of surveyors to point out their runs to them before
they occupied them? It would never have existed. It was
because their own enterprise had been allowed full play and they
had been encouraged to push forward and discover for themselves
the localities that were best suited to them, that they had
become the wealthy and powerful class they now were, and
that the squatting interest had grown to its present magni-
126 ' Speeches.
tude. And in the same way if it were wanted to settle a race of
intelligent, enterprising, self-reliant freeholders over the face of
the country, they must be allowed to go and select the spots which
they conceived would be the best suited to their purpose. But was
it not humiliating to think that the argument against this right
of the industrious population should be based on the assumption
of the vice and iniquity of human nature 1 It had been stated
that free selection would let loose a herd of cattle-stealers upon
the squatting runs. Now he had heard others say — intelligent
men who had, what he had not, extensive experience in the ways
and practices of the interior — he had heard it said by people of
this class that the greatest cattle-stealers in the country were the
large cattle-holders themselves. He did not say this, he only
repeated what others said ; and perhaps he might be permitted to
add that he did not believe it. But they said that if the poor
man stole a cow it was seen immediately in his four or five ; but
if the big fellow stole one it was hard to be found amongst his
four or five thousand. There was some show of reason in this ;
and at any rate he thought he was justified in the retort upon
those who without any reason at all made such wholesale charges
against the industrious classes of the colony. This principle of
free selection was defeated, Mr. Hay having moved and carried
an amendment to insert the words " after survey as hereinafter
provided," thereby destroying the principle. During the progress
of the Bill he had told the House that he regarded this feature of
it as of so much importance, that if the, Ministry consented to its
obliteration he should withdraw his support from the measure.
He was therefore very glad when he found the Ministry taking the
stand they did, and declaring they would not after this alteration
go on with the Bill ; and possibly he had been one of the first to
make a suggestion to the Ministry that the best course for them
to take would be to dissolve the House. The amendment to
this clause was carried on Friday night, and early on the Saturday
morning he conveyed to Mr. Robertson his opinion that the best
course would be to dissolve. However, the Government took time
for consideration, and on the following Wednesday they came
down to the House and stated that they had tendered their advice
to the Governor-General that the Assembly should be dissolved,
with an opinion that the Estimates for 1861 should be first
obtained, and that His Excellency had concurred in this advice.
State of Politics in i860. 127
They then announced their intention not to go on with any other
business, but simply to get the supplies necessary to enable them
to appeal to the constituencies. The Opposition had openly stated
that they would not allow the Government to take this course —
that the Land Bill was before the House, and that if the Ministry
chose to drop it, the Opposition would take it up and " make it a
perfect measure." In this way a fortnight was lost in a course of
proceeding which he would be quite unable to describe to them,
as it was impossible at times to say who were the Government and
who the Opposition. At last the Opposition took the very ill-
judged step of moving a vote of want of confidence. Now had
he been an enemy of the Ministry, this would have been the very
last thing he would have recommended or would have thought
of doing; for the Government were then tottering, and if left to
themselves in another week would have fallen to pieces. Well,
when that vote came under consideration, he tried to elicit
from the Government whether they intended to put an end to
the disgraceful state of things which had arisen — a state of
things calculated seriously to endanger the safe and efficient
working of our institutions, and which would supply most mis-
chievous precedents for the action of Governments in future, if
it were tolerated. He considered it of vital importance that they
should preserve those political landmarks which had been left for
their guidance by the great statesmen of the mother country, and he
considered the state of things to which he referred was destroying
all the rules and forms of Parliamentary Government and bring-
ing contempt upon their political institutions. He tried to
ascertain what course the Government were prepared to take — ^
whether they intended to dissolve or whether they intended to
resign. And what answer did he obtain 1 The hon. the Secretary
for Public Works replied in the language used by Mr. Pitt, the
Tory Minister of George III. He received the answer that Mr.
Pitt gave to Mr. Fox, who was regarded as the champion of
freedom in the mother country; such was the model chosen
for the answer with which he was honoured by a member
of this democratic Administration. Up to the moment of
receiving that answer he did not believe there was one member in
the House who knew which way he intended to vote; but he
immediately turned to his honourable friend, Mr. Windeyer, and
informed him that he should vote for the motion. And he would
128 Speeches.
tell them why he did so. He believed, though the members of the
Opposition did not, that the Ministry had the power to dissolve.
He knew too that his vote would have the effect of settling the
matter one way or the other — that they must either dissolve or
relinquish their places. He knew there was a handful of persons
eagerly watching for any vote of his on which they might fasten
their misrepresentations, but he never yet was deterred from giv-
ing a vote by any fear of the consequences. He knew well the
heart of the city and of the country, and he had no apprehension
that a false construction would be put upon his vote, though he
happened to be the only member on what was termed the Liberal
side who voted for that motion of censure. There were several
other votes given by him in the late session to which he
would like to refer. He had voted to exclude the Chinese,
although his vote was given on this and the former
occasion when the subject was introduced for reasons very
dissimilar from those advanced by other gentlemen who opposed
this species of immigration. The general outcry against
these people was that they were a poor miserable race of
beings. Now he thought this was a mistake altogether. He
regarded them as a sober, educated, cunning, strong, ambitious,
and calculating race. And seeing that they came from a country
situate only a few weeks' sail from our shores ; that their
country is estimated to contain a population of 300,000,000 or
400,000,000 souls, while the total British population of the whole
of these colonies did not exceed 1,000,000; he confessed he
entertained serious apprehensions — Quixotic as it might appear to
some persons — that, if not prevented, they might come here in
numbers sufficiently formidable to swamp us as an Anglo-Saxon
community. He regarded the influx of these people — all of one
sex and in such large numbers, moving amongst us in a dark
mist, speaking a language we did not understand, holding a faith
we could not comprehend, with characters formed under laws
and institutions alien from ours, and all bound together by a
secret means of intercourse — not as a subject for jocularity or idle
disparagement, but as a matter of the gravest moment and
demanding the most serious attention. These were his reasons,
as far as he could briefly state them, for wishing to exclude the
Chinese altogether. He had wasted a deal of time — so it was
said — by undertaking a railway inquiry, of which no doubt they
State of Politics in i860. 129
had heard. As this had been referred to frequently in terms of
censure in the House he desired now to refer briefly to it.
The Legislature they were aware had voted upwards of .£800,000
for the purpose of extending the three main lines of railway to
the distance of about an hour's drive into the interior. This
money was being expended in a manner calculated to awaken
anxiety as to the trustworthy character of the works in course
of construction. The contractor (who represented one of the
largest and most influential firms in the world) and the railway
officers were at loggerheads ; serious allegations of professional
neglect and incompetency were openly made and widely credited.
The complaining contractor applied to him to bring his griev-
ances before Parliament ; and after hearing his complaints
he told this gentleman that his best course under the circum-
stances would be to come to the bar of the Assembly and make
his own statement. It was then seen, however, that this privilege
could not be given to the one side and refused to the other ; and
the investigation was necessarily lengthened out beyond the limits
at first intended. But he felt satisfied that no impartial person
who read the evidence would consider that the inquiry had been
a waste of time. Up to the present moment the railways
had not progressed at the rate expected by the public ; and
as this £800,000 had been borrowed, the colony was at the
loss of the interest accruing through the delay in their com-
pletion. And what was of greater consequence than the loss of
interest, the facilities for traffic so much required and to secure
which this heavy debt had been incurred were indefinitely delayed.
Looking to all the facts he thought it would be admitted that the
inquiry was a very proper one. But he was now about to leave
the past and to speak of the future. He was a candidate for their
sufirages. He did not think in making this announcement that
he could be accused of thrusting himself on the electors, or of pre-
sumptuously standing in the way of better men. As a citizen of
the country he deemed it so essential for the public welfare that
they should preserve the character of their institutions, that if he
saw in the field four men of superior stamp in mind and education
he should at once consider it his duty to give way. But in the
present state of things he did not think it would be con-
tended that there was anything in the character of the gentle-
men offering themselves as candidates before which he ought
130 Speeches.
to bow his head and retire. Though he had three times been
honoured with their confidence, he might say he had never
personally solicited a vote. He would not do so now. In taking
this course he was bearing the very highest testimony in his
power to their intelligence and independence. It was said that
they were now living in the time of party Government ; but he
thought it would puzzle a philospher to show the lines of demar-
cation separating one party from another. For example, he
often found himself voting on questions with the Government
of the day which many of their regular supporters opposed,
notwithstanding that those questions involved the most vital
principles of the Government policy. Nevertheless he admitted
we lived in a time when men sought to attach themselves
to parties. But he would at once tell them he did not stand
before them as a Ministerial adherent. He stood before them as
an advocate of those principles on the strength of which the
present Government obtained power ; and if he went into the
House as their representative he should keep a strict and rigid
watch over the proceedings of the Government for the preservation
and vindication of those principles. He should give his ready
and willing support to such of their measures as were calculated
to advance the principles with which he believed were identified
the true interests of the country. But he would not blink the
matter; he should never connive at any abuse or outrage his
conscience for the purpose of keeping a particular set of men in
power. He considered the first qualification to be looked for in
a representative was inflexible independence ; and he thought he
might say, without being accused of immodesty, that he had had
sufficient experience of public life and had succeeded in winning
for himself a sufficient hold upon public confidence to be very
slow in finding a leader amongst the public men of the present
hour. He had already explained his views on the popular
part of Mr. Robertson's Land Bill. There were, however,
some portions of that measure of which he did not approve.
He was not friendly to the residence condition nor the principle
of deferred payments, and if he saw any way of getting rid of
these objectionable features he should use his endeavours to have
them done away with. As far as he had been able to arrive at a
decision on what was certainly a matter of detail as compared with
the principle of unfettered selection, he should be disposed to give
State of Politics in i860. 131
to the agricultural freeholder the fee-simple without any further
payment beyond the first deposit of 25 per cent. He could not see
why they should sell to the pastoral occupant at five shillings, and at
the same time insist upon £1 an acre from those who were to make
the soil in the highest degree productive. The one was going to
produce a surface of bloom by instilling into every spadeful of
earth a portion of his own sweat; the other meant simply to
consume the natural grasses. He should be desirous therefore of
facilitating as much as possible the acquirement of freehold posses-
sion in the case of the bond fide agriculturist. The Bill made
provision for the sale by auction of pastoral lands at an upset price
of five shillings per acre ; if they had reached that clause in com-
mittee he should have voted against it, since he could not see what
advantage was to follow from allowing the pastoral tenants to
assume the position of territorial families, as they would doubtless
do under such a provision. In the settlement of the Land
question they had to consider not only the welfare of all classes of
the present day but the interests of their posterity ; and looking
to the future he could not see his way clear to consent to
reducing the price of pastoral land to five shillings an acre. He
adverted to these matters now with the view of showing the
course which he intended to take when the Land Bill was again
introduced. He would now pass to other questions, for there were
several great questions which he implored them not to overlook.
There was the reconstruction of the Upper House — would any one
say now how this was to be efiected 1 There were the means of
communication with the interior to be provided for ; and there was
the question of education, without which they would never
be able to secure the settlement of a happy, thrifty, and industrious
population on the lands of the colony. They must not thrust the
people back into a state of semi-barbarism ; education must go on
contemporaneously with the occupation of the country. These
were subjects which he would not be disposed to let the Govern-
ment neglect. The arming of the people for their own defence
was another matter which he thought the Government should not
be allowed to sleep over. A general reform in the management
and discipline of our prisons was also a subject which pressed
for immediate attention. These were all matters respecting
which a candidate seeking their suffrages should be called on
fully to explain his views. He now came to a question in which
k2
132 speeches.
they had a special interest — he meant the endowment of the city.
He had always discountenanced the false policy of sectional
interests in the Legislature. Though in the electoral system
members were chosen by particular districts, the plan was adopted
to secure in the general representation the various interests of the
country. The members of a legislative body were not on that
account to study unduly the local interests of their immediate
constituents ; they were elected to perform far higher functions
— to consider and adjust questions relating to all classes of the
community, without reference to geographical boundaries or social
conditions or any distinctions whatever. In his own case, though
sitting for Sydney, he had always considered it his duty to study
the interests of the remotest district in the colony equally
with the claims of the metropolis. His votes would show
that he had uniformly acted in accordance with the view he
now expressed. It was as a representative, not as a member
for Sydney in particular, that he took up the question of the city
endowment because he believed it rested upon just grounds.
The complaints frequently made that the country districts
unduly suffered by reason of the large expenditure voted for
the city were in many instances inconsiderately and loosely put
forth, and were destitute of any reasonable foundation. Country
members, who were loud in these complaints, appeared to forget that
there were many institutions (the Government Establishments, the
Courts of Justice, the Military Barracks, and the Fortifications, for
example), which were necessarily established in the city, because
it was the metropolis of the country and the sea-gate through
which its commerce flowed and re-flowed, and through which the
assailants of its honour and security would strike if a time of
danger from without should ever come. They were established not
for the special advantage of the inhabitants of Sydney, but for the
protection and good government of the country generally. There
was a connexion of mutual dependence between the metropolis
and the country which neither should violate nor attempt to
ignore. On this broad ground the claims of Sydney on this
question of endowment were just. The city had grown up, as they
were well aware, without any regular system of management —
without plan or specific provision for its growth. Its first elective
municipal body fell into disrepute and was abolished ; and the
Legislature of the day, in which the citizens had scarcely any voice,
State of Politics in i860. 133
substituted for it an irresponsible Government Commission. The
city had been plunged into a debt of upwards of ^£400,000 by that
Commission, and the money had been improvidently if not waste-
fully expended ; the citizens themselves having had no voice at
all in the matter. They were taxed almost to the last point of
endurance, and yet the city was unable to bear up against this
gigantic burden. In this state of affairs the Municipal Council had
prepared a Bill for their relief, which they had done him the
honour to place in his hands. This measure, if passed, would give
the Council power to tax unimproved lands within the munici-
pality, and also to rate Government buildings and properties
that were at present exempt from taxation. It would endow the
city with certain public lands now lying in an unproductive state
within its boundaries, and it would empower the Council to
redeem the land at the head of Darling Harbour, so as to increase
the conveniences of trade as well as the civic revenues. He was
not disposed to throw the burden of this debt on the country at
large, but believing as he did that the city would be willing to
bear it he should be quite ready to increase its means of meeting
it. For these reasons he cordially supported the Bill and should
use his best exertions to have it carried into law. If they were
not already fatigued, there were one or two topics of a general
nature on which he wished to say a few words. They had heard
much of late of the decline of their political institutions and of
the degeneracy of public life. They were continually reminded in
mournful words of the high character of their first Legislative
Council — " there were giants in those days." But let them look
into this matter and compare notes in a spirit of impartiality.
He thought a comparison might be instituted between the first
Council and even the late Assembly by no means to the disadvan-
tage of the latter. He admitted at once that there was no man in
the Assembly just dissolved who was endowed like Mr. Went-
worth with that subtle and wonderful order of ability which is
comprehended in the word genius — no man who possessed the
classical attainments and dazzling talents of Mr. Lowe ; but
he maintained that there was in the late House a far larger
amount of debating power and constructive legislative ability than
could be claimed for the early Legislature in which those eminent
men sat. If they carried out their comparison to inferiorities,
he had no hesitation in saying that the first Legislature was equal
134 Speeches.
in illiterate, stupid, incapable members with the last. And if they
looked in upon their social state did they find the signs of the
" downward tendency of democracy," of which they heard such
doleful warnings 1 He had lived in the colony twenty years — in
the days which he supposed were, by comparison, aristocratic
days. But in those days you could not see a sign of cultivation
or taste in the homes of the working classes. Now, travel in
what direction you might you saw among the poorer classes
little plots of cultivation, evidences of household cleanliness
and comfort, flowers about their homes, indicating a love for
the pure and beautiful. It was obvious that the growth of
democracy had done this for the great body of the people — it had
increased their self-respect ; it had quickened their domestic
affections ; it had softened them in feeling and elevated them in
sentiment. Then they were told of the disastrous consequences
in America — how democratic principles had resulted in the
exclusion of superior education and intellect from the Government
of the nation. Why, that young republic possessed a line of
illustrious statesmen not surpassed by any nation of ancient or
modern times. Beginning with the incorruptible Washington,
she had John Adams, JejQTerson, Hamilton; and coming down to
our own times, Calhoun, Webster, Clay, and Everett. Nor was
the social condition produced by American democracy a theme for
lamentation. De Tocqueville the philosophical observer did not
tell us that ; Mr. William Chambers of Edinburgh, who visited
the United States a few years ago, did not tell us that. Mr.
Chambers, speaking of the new city of Cincinnati, described the
condition of its mechanics and artizans as very much superior in
character and physical well-being to the same class of his own
countrymen. It might be in America, as it was elsewhere, that
intellectual men who devoted their highest powers to science or
literature did not find their way into the Legislature or the offices
of Government. In England the men of highest literary fame,
the most distinguished men of science and the most accomplished
scholars, seldom obtained seats in the House of Commons ; but
successful prize-fighters and retired shop-keepers — men who began
the world in rags and in the lowest depths of obscurity — had
found their way into that august assembly. The English Parlia-
ment was not filled with University men ; but its members for the
most part were men who possessed an aptitude for public business
State of Politics in i860. 135
and the practical sagacity which could successfully deal with the
realities of the state of things in which they lived. This country
was unalterably a democracy. All that could be said would not
do away with the fact. Its opponents might for a time succeed in
throwing odium upon it, and might cause it to work ineffectually
for good for a while, but they would never succeed in substi-
tuting for it their own counterfeit principles of government. He
did not wish to speak otherwise than respectfully of those who
differed from him on this subject. He believed they were mistaken
in their views, and the sooner they came to understand their true
position the better it would be for themselves and the country. It
would be the fault of these gentlemen alone if education and
property were lost to the councils of the country. There need be
no fear of such a result if they would accept the institutions of the
country as they existed, and co-operate in good faith in working
out those institutions for the welfare and advancement of the
people. Instead of hopelessly whining over what was inexorably
fixed as their destiny, let them awaken to a healthier sense of
duty, and use their utmost exertions to elevate our institutions
and improve the condition of the people by a sound and diffusive
system of education, and by fostering amongst us correct principles
of political honour. He was drawing to a conclusion. If they
elected him as their representative, he should esteem the position
one of the highest they could bestow. There was no office of
greater distinction in this country than that of a representative of
the people ; and most of all was it a great distinction to represent
the eastern division of the metropolis. That electorate contained their
seats of government, their seats of justice, their seats of learning, and
their seats of commerce. Their professional classes for the most part
resided within its boundaries. It was a constituency remarkable
for the large number of its electors who were individually
influential by their talents, education, and social standing. But
there was to him a still more gratifying feature in the character of
the electorate — its clusters of happy little freehold homes — homes
won by the honest industry of its mechanics and labourers. To
represent such a constituency was indeed an honour. He sought
no higher distinction. To represent them in the Parliament of the
country — to represent faithfully their varied interests — so as to be
able to come back and be rewarded by the voice of their approval,
was the highest possible honour to which any man could aspire.
[A resolution in favour of Mr. Parkes was carried unanimously.]
THE PRICE OF LAND.
SUBSTANCE OF SPEECHES
Delivered in the Legislative Assembly when the House was in Committee
on the Crown Lands Alienation Bill of 1861.
[The 17th clause of the Bill as originally framed, providing for
" deferred payments" of the balance of the conditional purchase-
money, was under consideration March 6th, and was met by
several amendments. Mr. Parkes moved that on satisfactory
evidence being received by the Government that the conditions of
residence and improvement had been complied with by the free
selector, a grant of the fee-simple of the land should be made to
him without any payment other than the original deposit of five
shillings.]
Mr. Parkes said : He denied the sound policy of a free trade
in the public lands of the colony. He drew a wide distinction
between the nature of those lands and the nature of personal
property. The Legislature in dealing with the virgin lands of the
colony was bound to consider what would be the effect upon
society in all time to come of the mode in which those lands were
now alienated. No doubt land ought to be open for disposal to all
who desired to purchase, but its disposal did not stand on the same
footing as other property created by human labour and skill. The
amendment he now submitted would give the free selector who
should effect the required improvements the land in fee-simple
without any further payment than the first five shillings deposit.
No stinted liberality ought to characterise the manner in which
they approached the question of the alienation of the public lands
to that class of colonists who by their industry and discernment
■would make them most productive for the whole. When they were
satisfied that there was a bond-fde purpose to improve and cul-
tivate, all further payment should be remitted. It was doubted
by many hon. members whether payment would be made if the
system of deferred payments were adopted — (Mr. Robertson : Not
by me) — at all events there was provision made for such payments
The Price of Land. 137
standing over for an indefinite period. He contended that no
persons ought ever to be placed in individual and direct subordi-
nation to the State — in a relation different from that occupied
by other classes. Under all the circumstances the justice of the
case recommended the adoption of a wise liberality in dealing with
this part of the subject.
[The amendment was opposed by the Government. Mr.
Kobertson declared that if " the purchase-money for land should
be under £1 per acre, the land would not be worth anything at
all." Mr. Arnold argued that the " deferred payments" would
" enable the State to raise by a sound system of loans the money
they required for their public works."]
Mr. Parkes said : The Committee would not have failed to
notice how the Government had changed their ground in reference
to this Bill. Hitherto the principle was not to derive revenue from
the sale of the lands, but the greater though more remote advantage
of settling the people on the soil. Now, however, the Govern-
ment based their arguments on the money value of the land. The
Committee must decide whether they were going to lend them-
selves to create an interminable class of Crown debtors in the
country — upon whose indebtedness loans were to be contracted :
for the Government contemplated paying for their railways out of
the proceeds of those debts which were to remain for ever ! (Mr.
Arnold : At the option of the debtor.) The way to obtain railways
was not by the miserably inadequate revenue to be derived from
the land itself, but by increasing the population, and by the conse-
quent natural increase of the revenue from the legitimate extension
of taxation over as wide a surface as possible. Then it had been
said that an upset price of 5s. would be unjust to those who had
purchased at a higher price ; but he maintained that if the 20th
clause were carried, and if there were only one case where land was
purchased at the upset price, the objection would be just as
powerful. The course pursued by the framer of the Bill could
only be defended on the ground that these sales to free selectors
were special and for special objects. Notwithstanding what had
been said by the hon. Secretary for Public Works (Mr. Arnold),
he should think that a free selector would not fail to ap-
preciate the difference between the semi -serf condition which it
was proposed to create for him and the possession of the fee-simple
of his land. Under the conditions proposed, would the persons
who free-selected land know whether they were living under the
13S Speeches.
blessings of the hon. gentleman's government or under the Czar of
Russia, when they had to go year after year with their 9d. per acre
to some Government official, while they called land their own
which was in fact not their own 1 The advantage to be gained by
the State from insisting upon this money balance from the
free selectors would be trifling and embarrassing, and the provision
would take away to a great extent the sweetness of possession,
which it should be one of the objects of their legislation to
encourage the free selector to desire.
[Mr. Parkes' amendment was lost on division by 39 to 11. On
the following day, the 7th, Mr. Robertson moved the 20th clause,
as follows : —
"20. Crown lands intended to be sold without conditions for residence
and improvement shall be put up for public auction in lots not exceeding
three hundred and twenty acres each, at such places and times as the
Minister shall direct, to be notified by advertisement in the Gazette. And
the upset price per acre shall not be lower than — for town lands £8, suburban
lands £2, good lands having frontage £1, inferior and back land 58.
Provided that the upset prices may be respectively fixed at any higher
amounts."
A long debate ensued, in the course of which Mr. Parkes
opposed the reduction of the price of *' back lands " to 5s. for the
reasons stated in his speech. The words " inferior and back lands
five shillings" were omitted on division by 38 to 18, Mr. Robert-
son voting for the amendment.]
Mr. Parkes said : He should give his vote in the same manner
as the hon. member who had just sat down, and he felt somewhat
at ease to learn from that hon. gentleman (Capt. Moriarty) that he
was at liberty to express his opinion in reference to this matter !
It relieved him from a good deal of embarrassment, coming as it
did from so authoritative a quarter. He should give his vote so
as to continue the upset price — if they were to continue to sell
lands by auction — at £1. This might appear inconsistent with
the course he took last night, when he moved an amendment to
remit the balance of 15s. for land taken up under free selection,
but on that occasion he acted on the special grounds that those
who free-selected land would enter upon it under conditions
enforcing them to its improvement. But here it was proposed to
pass a provision which would open the door to mere trade in land
— a thing entirely different from possession on condition of culti-
vation and improvement. It seemed to him that the class
of persons they should encourage above all others by their
legislation was the small cultivators of the soil — the men who
The Price of Land. 139
by their industry would turn the land to the best possible
account. If, however, they were to reduce the price in alienating
the land to 5s. they would open the door to great abuse.
The only argument in support of such reduction was that
some of the land was not worth 5s. But that argument
might lead to the adoption of an upset price of one penny,
because he believed that there was land in this country not
worth having at a gift on terms of compulsory occupation. Five
shillings per acre would not reach the real minimum ; it would only
be an arbitrary price. What they had to fear under this provision
was that some of the richest and most valuable tracts of land
would be alienated as inferior land. The condition of this
country was likely to facilitate such abuse. We had here a
number of old and wealthy families with numerous connexions —
numbering in some instances as many as one hundred persons.
In addition to these we had another class — the pastoral tenants —
who by reason of their pursuits had also a practical acquaintance
with the country. So that, although we were a small community,
we had among us a comparatively large number of wealthy people
who had the colony, as it were, at their fingers' ends. And this
clause, just as though it had been framed on purpose, would
suit the purposes of those speculative persons. They would not
desire to purchase land in large blocks. Hon. members had been
told over and over again that the good land of the colony lay
in patches, and the provisons of this Bill would enable persons to
pick up all the choicest spots from one end of the country to
the other. He would tell the Committee how the law had
operated with an upset price of £1. A gentleman holding a
subordinate public office but whose business required him to
travel over the county of Cumberland — although his salary was
small — had in a few years amassed a small fortune in this way.
He made himself acquainted with the land wherever he
went in the county, and whenever he found a small block
of rich soil he had it put up to auction, and generally
got it knocked down to him at £1 per acre. That gentleman
had pointed out to him one block situated in North
Harbour which he (the speculator) had purchased in this
way, and which he described as covered with a splendid
ironbark forest. If under the present system these things could
be done in the County of Cumberland, surely they could be done
140 Speeches.
in the remote interior of the country. He believed that this
provision of the Bill, if carried, would not have the effect of
alienating from the Crown land which was not worth more than
5s., but it would be operative in alienating land in the highest
degree valuable, but the valuable qualities of which would be
known only to a few persons at the time of sale. It seemed to him
very inconsistent to take such a course as that, when they had
extracted the 20s. per acre from the bond fide cultivators. Surely,
in alienating the public land for the good of all, they ought to con-
sider the use to which it was to be applied They were not to
obstruct the operations of the capitalist in any way, but at the
same time it was no part of their duty to smooth the way for his
making a large fortune out of the public lands. And then with
regard to the argument which had been used respecting the attrac-
tion of population by lowering the price of land. Good agricul-
tural lands could be bought in Canada at the present time at 2s.
per acre. He knew a person who had purchased 240 acres of rich
land in Canada for £24. While we kept up the price of agricul-
tural land to 20s., how could we compete with the state of things
in Canada 1 There were strong reasons, however, why they should
not reduce the price as proposed by this clause. We had the
means of attracting population already. It was not merely by the
price of land that people were attracted to new countries. We
had one of the finest climates in the world. We had the greatest
variety of mineral riches of any country in the world — to say
nothing of our magnificent goldfields. And he believed that by
having some agency at the great seats of population in Europe to
make known the advantages of this country as a field for the
emigrating portions of the European populations — to make known
also the provisions of this land bill, and the facilities — even
encumbered as they were by deferred payments — for settling on
small farms, that we should stand as good a chance as any country
in the world of attracting population. But if we proceeded on the
principle of outbidding a country which, within ten days' sail of
England, could offer fertile land at 2s. per acre, we should fail.
Upon a careful consideration of this matter he thought it would
be better as the question now stood to maintain the upset price
of land by auction at 20s.
NEW SOUTH WALES AS A FIELD
FOR EMIGRATION.
[A PUBLIC meeting was held in the Town Hall, Derby, on Monday
evening, October 7th, 1861, for the purpose of hearing an address
from Mr. Henry Parkes on the claims of the colony of New
South Wales as a field for British emigration. There was a large
attendance, the hall being well filled. The chair was occupied by
W. T. Cox, Esq., High Sheriff, who on introducing Mr. Parkes
assured the meeting that that gentleman appeared before them
duly accredited by the Colonial Government. He hoped and was
sure he would receive an impartial hearing.]
SUBSTANCE OF AN ADDRESS
Delivered at Derby in 1861.
Mr. Parkes said : The heading of the notice by which the meeting
had been called it must be owned was an attractive one — " Freehold
homes in a gold country ;" but it might very properly be taken
as the text for his comments that evening. He was there to
tell them of 200,000,000 acres of land fresh from the hand of
the Creator waiting to be distributed among His creatures, and
hundreds of miles of that land richly impregnated with gold. It
was no mere catch-phrase he had used, but the words correctly
described his subject. It would be best however to begin with the
beginning, and to tell them why he was there at all. He came
from a place that lay as it were in the dim distance of the habit-
able globe, and was known by the confused general name of
Australia. The colony of New South Wales was the first settled
portion of Australia, and was founded seventy-three years ago ;
within that period — a single life-time — every appliance of civilisa-
tion had there taken root and grown up. There were now five other
Australian colonies besides New South Wales, and he would name
them in the order in which they had come into existence. There
142 speeches.
was Tasmania, which was a separate island, divided from
the mainland by the well-known Bass's Strait, and of which
Hobarton was the capital. There was Western Australia
or the Swan River settlement, on the west coast of the island-
continent. There were South Australia, of which Adelaide was
the capital ; Victoria, of which Melbourne was the capital ; and
the newly-created colony of Queensland, of which Brisbane was
the capital. It would be necessary to bear these facts in mind
clearly to understand his subject. All these colonies were
distinctly separate ; they had separate legislatures and separate
forms of government, and had full power to legislate on all
matters exclusively affecting themselves without reference to
England and without reference to one another. Well, among the
colonies — he believed among all of them — an impression prevailed
that they were very imperfectly known in the mother country.
This was not without foundation, for works of authority described
them very erroneously, and English statesmen had made blunders
in speaking of them which were singularly absurd. Even the
poet Campbell, in some lines descriptive of New South Wales,
What spacious cities with their spires shall gleam
Where now the panther laps a lonely stream !
Why, there was not a panther nor a wild beast of any kind
except opossums and kangaroos in the country. With the desire
of making their colony better known the legislature of New
South Wales in May last passed a resolution — which was subse-
quently embodied in an Act of the local Parliament — authorising
the appointment of two commissioners to visit England for a
limited time to diffuse information concerning the country and its
capabilities derived from the Government returns. He held one
of these appointments, and it was in such capacity that he
appeared before them that evening. Let them recollect that he
represented New South Wales, and had nothing to do with any
other colony. He certainly was not there to say a single word in
disparagement of the others, but simply to speak the truth of his
own adopted country. Ten years ago Victoria was created a
separate colony out of the southern territory of New South
Wales, and last year the extreme portion of their northern terri-
tory was cut off and converted into the colony of Queensland.
Still they possessed 207,000,000 acres "of land which with its
N. S. Wales as a Field for Emigration. 143
varieties of soil and climate was capable of growing wheat,
Indian corn, sorghum, millet, turnips, mangold-wurzel, barley,
oats, peas, beans, and most of the vegetable growths of Europe,
with the tobacco plant, the cotton plant, and the sugar-cane. The
orange and the grape flourished with them as in their
native clime ; nothing could excel their lusciousness and beauty.
Many of their vineyards were ten, sixteen, and twenty acres in
extent, and in 1859 they had a total of 1100 acres under the cul-
tivation of the vine, yielding 96,000 gallons of wine and 1300
gallons of brandy, besides upwards of 500 tons of grapes for table
use. He had himself known the proprietor of a single orange
grove to sell his year's crop hanging on the trees without risk or
trouble for £2000. But they had abundance of other fruits ; the
lemon, fig, guava, loquat, banana, peach, apricot and nectarine, as
well as the apple and pear and most of the fruits grown in England.
The bowels of the earth were teeming with minerals. Within
seventy miles of Sydney an iron mine had been discovered of
great extent, from which Gne steel had been manufactured and
worked up into knives, razors and similar articles of excellent
quality. They had several workable copper mines which were
already in the hands of organised companies, and silver, tin,
platina and other metals had been discovered. Their gold-fields
had a world-wide celebrity. It was in New South Wales that the
first discovery of gold was made. They had at present fifteen
established gold-fields the aggregate yield from which in 1858
amounted to the value of nearly £1,000,000 sterling. In New
South Wales the gold-digging population was generally speaking of
a very settled and orderly character. There had been some disturb-
ances lately arising from the feeling of aversion entertained by the
European diggers towards the Chinese ; but with that exception the
goldfields were well-ordered and peaceable. Indeed good order and
respect for the law prevailed throughout the colony as much as they
did in England, and the attendance at places of religious worship
and all Christian observances was quite as general. In their
colony too they had some social advantages which the younger
colonies did not and could not in the nature of things
possess. They had many old settled homesteads, the heads
of which were possessors of large property and had reared
families of sons and daughters with all the attachments
and home associations that sprung from being natives of the
144 Speeches.
soil, and in many cases with a fair amount of education. This
gave them a kind of social maturity — a likeness to England herself
— which could not be found in a colony just settled, where all
were strangers to each other and all were smarting under the
bitter recollection of the severance of early ties. These sons and
daughters of the soil in New South Wales were, as a whole, an
active and intelligent race — handsome, spirited, fond of out-of-door
enjoyments, proud of their country and alive to the higher
demands of humanity. Returning to their goldfields, they had at
Sydney in connexion with their gold-producing interest a branch
of the Royal Mint, and at this Mint in 1858 they coined 1,101,500
sovereigns and 483,000 half-sovereigns, and melted 14,927 ounces
of gold into bars and ingots. New South Wales also possessed
extensive coal-beds, which could not be worked out for ages to
come. They exported coal to the other colonies and to China
and India. In 1859 they raised a total of 308,213 tons of coal.
Their chief export however was, as many there would doubtless
be aware, fine wool for the Yorkshire manufacturers. The
unsettled lands of the colony were occupied by a class of
gentlemen called "squatters." Many of these gentlemen held
from the Government at a mere nominal rent a quarter of a
million of acres — and in some cases much more — over which
they depastured immense herds of cattle and almost countless
flocks of sheep. In 1859 the colony exported 17,000,000 lbs. of
fine wool besides large quantities of tallow and fat stock. Their
possessions in live stock were almost fabulous. The population of
the colony was only 350,553 souls, and this handful of people held
in 1860 no less than 214,684 horses, 2,190,976 head of horned
cattle, and 5,162,671 sheep. They would expect to hear that beef
was cheaper there than in Derby ; no fear of people being starved
in a country where to every head of the population, man, woman,
or child, there were six head of horned cattle and fifteen sheep.
They would not be surprised to hear that the commerce of a
country so rich in its natural resources was very considerable.
He was only saying what any well-informed commercial man
would confirm when he told them that the Australian colonies
were, in proportion to their population, the best customers
England had. In 1859 New South Wales imported goods from
England and other countries of the declared value of £6,772,049,
or to the amount of £19 7s. per head of her population. Her
N. S. Wales as a Field for Emigration. 145
Her exports of raw produce for the same year amounted to
£5,800,926, or £16 lis. 6d. per head ; but it must be recollected
that the real value of her produce ought to be estimated in the
market of consumption, not at the port of shipment. Their
merchants, many of them, were engaged in very extensive trans-
actions and were men of large fortunes. In the city of Sydney
they had retail establishments in as imposing edifices and with
displays of as much splendour as any similar establishments could
boast in England. They had their Chamber of Commerce in a
magnificent building, and they had eight banks, each carrying on
its business in a palace. They were the builders of their own
ships to a great extent, many of the vessels engaged in the inter-
colonial trade — schooners and brigs of large burden — being
built of the hard timber of the Australian forest. Their
manufactures were of course in their infancy, but he believed
New South Wales was destined to become a great manufacturing
country. She had in rich abundance nearly all the minerals,
and her soil could produce nearly all the vegetable growths
that were required in the chief manufactures of the civilised
world; and he believed the time would come when she would
pour out from her looms and engines all the various fabrics of
mechanical skill to supply the wants of the new populations that
would yet swarm over the Indian Archipelago and the countless
isles of the Pacific. But already they had some manufactures ;
they worked up their own wool into fine tweed, which was worn
by many gentlemen of fortune in the colony. They made their
own soap and candles, their own leather, and their own cabinet-
ware. They had some extensive iron foundries and occasionally
they built their own steam engines. Such, then, were some of
the facts of the case to show what kind of a place was this
New South Wales of 1861, which in 1788 was founded by a
few outcasts on the edge of a wild forest, up till that
time only trodden by the wild blacks. They would now see
at Sydney Cove a great city of 95,000 inhabitants, with all
the conveniences and elegancies of English civilisation, sur-
rounded by its suburban palaces, and with a breadth of culti-
vated country studded with rural homes stretching far inland ;
and beyond this a vast territory that wanted only the labour of
man to make it fruitful, where twice the population of the United
Kingdom might find room. Nor had the people of New South
L
146 Speeches.
Wales amidst their natural wealth neglected the means of educa-
tion. They had spent more than £100,000 on the building of a
University which was presided over by professors who ranked as
first-class scholars. They were erecting colleges affiliated to this
University, and they had in Sydney a public Grammar School
largely endowed by Government. Besides these establishments, by
which a high-class education could be given to their aspiring youth,
they had numerous good private schools. Then there were
two classes of schools to supply the means of primary instruction
which were mainly supported by government; of one class con-
nected with different religious denominations they had 217
schools; of the other class, founded on Lord Stanley's Irish
national system, they had 125 schools, in which a purely secular
education was imparted. With private establishments there were
altogether in the colony 739 schools, and the Sunday-schools,
which had spread to the number of 313, mustered 16,590
scholars. He had told them that New South Wales was under a
separate form of government. It had a Parliament consisting
of two Houses — the Lower House, or Legislative Assembly, being
elected by manhood suffrage and the ballot. This House stood in
the same position as the House of Commons and had similar
power over the public purse. The Executive consisted of members
of Parliament who could command a parliamentary majority.
They took office and were displaced from office by the will of the
Legislative Assembly, in the same manner as Ministers were raised
to power or removed from power in England. And though a good
deal of party feeling and squabbling, as it was called, had sprung
up under this system, as might have been expected, it had upon
the whole worked successfully. The people at large had more
power under it and particular classes had much less; and of
course those particular classes said it was a bad thing. It was a
bad thing for them no doubt ; but the colony had progressed under
it, and there were more comfortable homes and a more independent
feeling among the people. Some bad men were returned at the
elections, but if good men presented themselves who had
manifested a common feeling with the people they were almost
certain to be chosen in preference. He now came to the land policy
of the Government. The present Ministry had Bills in their hands
for regulating the sale and occupation of the public lands,
and on the main principles of these Bills they had dissolved
N. S. Wales as a Field for Emigration. 147
Parliament, and taken the sense of the country. The constituencies
in almost all cases had returned members to support those Bills,
and he believed they would become law during the present year.
These Bills provided that, except within certain limitations, any
person wanting agricultural land might go anywhere over that
immense territory of 200,000,000 acres and select what in his
judgment was the very best piece and most suitable in situation
and other respects for his wants at 20s. per acre, 5s. to be paid
down and 15s. at the end of three years, no interest being
charged. He could not select less than 40 or more than 320
acres, and he must occupy it within one month and must culti-
vate a portion of it. He could not select within a certain distance
of the towns, as the towns of course must have room to grow, and
he could not select on lands which had been leased by the Crown
in certain cases during the currency of those leases. With these
exceptions he was left free to take his pick of the land ; it was his
own fault if he did not pick wisely. There were other provisions,
some of which were important, such as granting the right of com-
monage to the selector over the unsold Crown lands adjacent to his
little freehold ; but he had explained the great leading principle of
the scheme. The avowed policy of the Government was to dis-
tribute as widely as possible the cultivable lands into the hands of
freehold cultivators ; in other words, to create in the country a
freehold peasantry. The provisions limiting the quantity and
compelling residence were to prevent the rich lands being mono-
polised at this fixed price by large capitalists. He was not there
to take any extraordinary pains to persuade them to emigrate.
People in Old England seemed very little alive to what was going
on in Australia. The grandest work that man could be engaged
in was being done there. While in the great English towns they
were busily employed in manufacturing ribbons, calicoes and
woollens, fire-arms, musical instruments, and edge tools, those
far-off little communities on the bosom of the Pacific were building
up new nations, which a few generations hence would take a
leading part in the affairs of the world. He thought it was a
proud thing to have a share in this work of founding nations in a
land so blest as the one he had imperfectly described. Perhaps
others thought differently. If they were satisfied with the old
beaten paths and the keen competition for life that hedged them
in on every side in England, let them stop in the good old country,
L 2
148 speeches.
which few loved better than he did ; but if they aspired to M'^ork
out for themselves and their children a happier destiny — where the
race of fortune and distinction was fair and equal to all — let them
come and take their fair share in the hard but well-rewarded work
that was waiting to be done by enterprising and industrious men
in New South Wales.
SUBSTANCE OF AN ADDRESS
Delivered in the Town Hall, Birmingham, October 22nd, 1861.
Mr. Parkes said : In the first place he would explain why he
appeared in the town of Birmingham a second time, a reason that
had been partially explained by his Worship the Mayor. After
his arrival in England he held his first meeting in that town, and
since then he and his colleague in London had received such a
large number of applications from the inhabitants of Birmingham
and the neighbourhood asking for further information that it
appeared to him that the best course he could take would be to
appear again before a public meeting of the inhabitants of the
borough. He should try to repeat himself as little as possible,
but it was absolutely necessary that he should briefly recapitulate
a few of the leading facts he had before stated with respect to the
colony. Facts could not very well be altered for the purpose of
affording variety. The colony of New South Wales was the first
English settlement in point of time in Australia, and was one of
six separate colonies, each under a separate Government. It was
on the eastern side of the great island continent, and had a coast
line stretching over 10 degrees of latitude, from Point Danger in
latitude 28"^ to Cape Howe in latitude 38°. It ran back from the
Pacific Ocean 500 miles into the interior and had an area of
country as large as Great Britain and France. The population of
this vast country was only 350,500, or very little larger than that
of the town of Birmingham, and these inhabitants possessed the
true Anglo-Saxon spirit to surmount difficulties and extend their
race, and of course there was plenty of work for them to do in
subduing those almost boundless wilds of Nature. The soil of
New South Wales was in many parts rich and fruitful and
it embraced many varieties, while the climate was generally
N. S. Wales as a Field for Emigration. 149
genial and healthful, though different as a matter of course in
different districts. In the neighbourhood of Sydney, for instance,
gooseberries and currants would not grow, while they would grow
very well fifty miles off in the south-western interior. The city of
Sydney, which was the capital of the colony, was situated a little
north of the 34th parallel of latitude, and to the north of Sydney
there were no fewer than nine rivers, all pretty well known and
all with more or less of agricultural settlement along their banks.
There were the Hawkesbury, the Hunter, the Manning, the
Hastings, the Macleay, the Bellenger, the Clarence, the Richmond,
and the Tweed ; and it was a popular mistake to suppose that
these rivers were not valuable waters, though it must be admitted
that they were insignificant — as indeed their English rivers also
were — if compared with those of America. The Clarence was half-
a-mile wide, and was navigable for sea-going steamers nearly fifty
miles, while the Richmond was navigable for a still greater distance.
Steamers traded regularly between the port of Sydney and the
rising towns on the Hunter, the Manning, and the Clarence, and
the settlements on the other rivers were connected with the seat
of Government by sailing vessels regularly engaged in the trade.
On the more northerly of these rivers, through four degrees of
latitude at least, the soil and climate were beyond all dispute
admirably adapted for the growth of cotton, which had been
grown as far south as the Manning in latitude 32°, in sufficient
quantities to establish the fact. The tobacco plant also flourished
in those parts of the colony, and the sugar cane and nearly all
tropical products might be successfully raised. The estimated
area of land under cotton cultivation in the Southern States of
America was not equal to the extent of soil capable of producing
cotton of as fine staple in New South Wales. Nearly all the grain
products of Northern Europe might be raised from other parts of
the soil. In the South-Western interior there were large tracts
of country as suitable for agriculture and as capable of production
if properly cultivated as any in the world. Then on the Southern
coast Illawarra and the Twofold Bay district had an Austra-
lian celebrity for the rich and productive character of their soil.
He would read from the returns of the Registrar- General the
principal items of the agricultural produce of New South Wales
in 1859, which would be sufficient, if they recollected the fewness
of the inhabitants, to justify the description he had given of the
150 Speeches.
country. In 1859 the colony produced 1,605,353 bushels of
wheat, 1,602,630 bushels of maize or Indian corn, 64,411 bushels
of barley, 90,213 bushels of oats, 3641 bushels of rye, 1862
bushels of millet, 20,537 tons of potatoes, 3194 cwt. of tobacco
leaf, 16,298 cwts. of sorghum and imphee, 60,873 tons of hay of
different kinds, and 490 tons of grapes. Wheat grew as fine in
grain in Australia as in England, though not in such heavy crops ;
labour was scarce and land was abundant, and the consequence
was that the method of farming hitherto had been slovenly, but
there was every reason to believe that as years rolled on and
improved means of cultivation were introduced, the soil would be
made as productive as the old cultivated lands of Europe. The
cultivation of the sorghum and imphee which, as the meeting
would be aware, were the sugar canes of China and Africa had
only lately been introduced, and they were grown chiefly as green
food for cattle. Then look at their grapes. If 350,553 persons
possessed as one season's growth 490 tons of grapes — that alone
was not a bad substitute for gooseberries and currants. But their
fruits in richness and variety surpassed England altogether.
Apples and pears grew in the colony as fine in size and flavour
as in England. A gentleman from Yorkshire who was a fellow-
passenger with him returning from Australia four months ago
was bringing home some Australian pears to exhibit at a
horticultural show, he believed at Selby, and six of them
which he weighed on the passage were a stone weight. In
addition to these and other English fruits they had the orange,
lemon, guava, fig, banana, pomegranate, loquat, apricot, peach,
nectarine, and every variety of the melon; and they had other
fruits in great abundance. Ripe peaches were often sold for Id.
and 2d. a dozen, and in 1859 they had 1100 acres of grapes. Let
them keep in view that this extensive country, thus bountifully
blest by Providence and capable of producing all that was
required for the sustenance of man, was inhabited by only
350,553 souls — men, women, and children. Sink below the
surface of the soil and mineral treasure was to be found in all
directions. Everybody knew that New South Wales was a gold-
producing colony, and it was a fact that solid lumps of gold over
a hundred ounces in weight were dug out of the soil by miners
who had not a shilling at the time of the golden accident. He did
not want to entice men to New South Wales with any hope that
N. S. Wales as a Field for Emigration. 151
they would gain these golden prizes on the gold-field, where all
was a lottery and the chances were a thousand to one against them ;
and he was not over-anxious that people should go to the
gold-diggings at all. It was at best an unsettled and a precarious
life, where roving habits were acquired which unfitted men for
the more regular pursuits of society. But the fact was as
he had stated it. Besides their gold, they possessed iron,
copper, tin, lead, platina, and inexhaustible beds of fine coal.
The Registrar-General gave among the articles of export £178 for
horse-hair and £45 for rags ; it were worth while to dwell for a
moment on these two little items : they contained much meaning.
It would be recollected that the colony contained 214,684 horses
and yet they had only £178 for horse-hair; and of course the
colonists threw away their clothes more prodigally than people in
England, yet they had only £45 for rags. The fact was that these
things, with many others that in England were collected into the
channels of commerce, were allowed to waste in the colony ; there
was a large field there for the students of the " philosophy of
small things." There were rag-merchants in England but not in
New South Wales, though he supposed by this item that some
enterprising Londoner — a native of Field Lane, perhaps — was
turning his attention to this source of profit. He would now tell
them what*kind of people were not likely to succeed in New
South Wales, and what kind of people were sure to be successful.
It was of very little use for the idle, the drunken, or the self-
sufficient and conceited to go out there. The one class would find
the common lot of the idle and drunken even at the Antipodes,
and the other class would simply get laughed at and their company
be avoided. There were men everywhere who shirked the hard and
unpleasant duties of life ; when the work they had to do was
found to pinch, they set about devising some other means of doing
it. Now those ingenious people had better stay in England,
where there was a larger field than in the colonies for the employ-
ment of their inventive faculties. There was another description
of persons who were often sent out to the colonies by their
friends — the inert in character and unfortunate in judgment, who
had scarcely the spirit to do anything and always made mistakes
in doing the little they attempted. He would say to the friends
of these people that in sending them out to the colonies, they were
doing little less than slowly murdering them. If such unfortu-
152 Speeches.
nates missed all their opportunities at home where they had the
counsel and assistance of their friends, how were they to manage
in a strange country where they would be friendless ? It was
these classes principally which supplied the complaining sufferers
that hung about the great colonial cities, and such persons there
always were, always complaining and always in necessitous
circumstances. The persons who would succeed in New South
Wales were plain, plodding, hard-working men of sober character
and careful habits, who had sufficient common sense to see their
own opportunities and sufficient moderation to wait patiently
for the fruits of their own industry. Men who were afraid
of hard work or of a few privations ought not to go out to a
new country. The other night he was asked in a neighbouring
town whether the mosquitoes were not very troublesome at
Sydney ; and at another place he was asked whether the heat and
the sand were not very distressing. Now he would say at once
that New South Wales did not want her population recruited from
men who were afraid of mosquitoes or overwhelmed by a gust of
sand. There were mosquitoes at Sydney ; and he would tell the
ladies who had done him the honour of coming to that meeting
that, if they went to Sydney, however pretty they might be on
landing, their faces would present all the appearance of a smart
attack of measles before they had been there four 'and twenty
hours; and all through the love of these mosquitoes. But this
efl'ect — very calamitous no doubt while it lasted — did not continue
long, and the poor little mosquitoes really were not worth
talking about. Then in Sydney there were occasionally strong
winds from the south which carried with them clouds of sand, but
these disagreeable winds were unfrequent and of short duration.
There were many things in an Australian life not over-pleasant,
especially to those who were fond of pleasure and amusement.
If you lived in the bush you could not go to the theatre or a
concert every night, that was certain. There were theatres and
concerts in Sydney. He was sorry to say they had too faithfully
copied all the varieties of English city-life. But he was not very
anxious for persons to go out to swell the population of Sydney ;
what they wanted was industrious striving families to settle upon
the land to become freehold cultivators. To a man of this class
the road was clear and open, and he cared not what the man's
previous occupation had been — whether he had been a tinker or a
N. S. Wales as a Field for Emigration. 153
tailor — if he was prepared for hard work and willing to learn,
with common sense enough to see what was for his own advantage
and patience enough to wait for the natural operation of time and
circumstances, he was sure of success. He would not allure any
such man with the prospect of finding lumps of gold at the diggings
or of making a fortune in a few years by trade ; but he would
promise to any such man that in New South Wales he would be
able by his own exertions to obtain a secure home for himself and
his family, supplied with all the substantial comforts of life
unclouded by the fear that it might fail him in the future, and
without having to thank other men for their assistance in
obtaining it. There was a field in New South Wales for the man
without money who was anxious to convert his labour into money,
and there was a field for the man who possessed money who was
anxious to turn it into more ; but in either case nothing could be
done without the home-spun qualities of industry, sobriety, and
perseverance. Since 1855 there had existed in New South
Wales a Parliamentary Government, as in England, to which had
been handed over the entire management of the affairs of the
colony with the right of disposing of the public lands and the
control of the colonial revenues. If any person seriously thinking
of emigration thought fit to see him personally, he would, so
far as he was able, afford any information that might be required.
If people liked to stay in England all he had to say was God
bless them in the dear old country. He was as much an English-
man as any man present. The people in Australia were as
thoroughly English as the people of the mother-country ; they had
forfeited nothing by going to a distance of 14,000 miles. Shak-
speare and Milton belonged as much to them as to the people of
England ; they possessed by right of inheritance an equal share in
the grand traditions, the old military renown, the splendour of
scientific discovery, and the wealth of literature, which had made
England the great civilising power of the world.
154 Speeches.
LECTURE
Delivered before the Working Men's College, Great Ormond- street, London,
May 17, 1862.*
Mr. Parkes said : It is not perhaps unfitting to take the eldest
of the Australian colonies to illustrate the history of the English
people in that part of the world. If any one were selected for
such purpose it would surely be the one where English colonisation
first took root, where the colonising spirit had to struggle with
difficulties unknown to the offspring colonies, all of which have at
least enjoyed one incalculable advantage not among the early expe-
riences of the parent — the advantage of an English neighbourhood.
There are moreover some peculiarities in intercolonial relationship
up to the present time which would seem to point out New South
Wales as the representative colony in any general discourse on
Australian progress. For many years her capital was the entrepot
for Australian commerce ; even now she is the principal market
of supply for some articles of the first necessity, including animal
food and coal. She alone possesses the royal power of coining
money, and the gold coin generally current in the other colonies is
issued from the Sydney Mint.t It was in New South Wales that
representative institutions were first transplanted to Australia,
and in matters of Government she exercised an early paternal
influence, which in some measure shaped the political course of the
younger communities. In no other A.ustralian colony have the
associations of home so widely diffused the charm of their exist-
ence. There we have men and women grown grey through the
happy toils of a well-spent life, whose steps have never wandered
beyond their own sunny shores, who have never seen other skies
or constellations than those which brightly opened upon their
childhood and still beam above their honoured age. The social
*Tlie following was the list of lectures for the season : — The Meaning and
Use of the Word " Civilisation," by the Principal (Rev. F. D. Maurice, M.A.) ;
The Mexican War, by J. M. Ludlow, Esq.; Life and Character of Sir John
Falstaff, Knight, by William Malleson, Esq.; The Gold Coast and the Future
of the Negroes, by Thomas Hughes, Esq.; A Greek Play, by J. W. Hales,
Esq.— or Robert of Brunne, an Early English Life (1303), by F. J. Furnivall,
Esq., M.A.; The Poet Wordsworth, by J. R. Seeley, Esq., M.A.; Thomas
Carlyle, writer of books, by Vernon Lushington, Esq., B.C.L.; New South
Wales, by H. Parkes, Esq., Government Commissioner from the Colony.
f A mint has since been established in Melbourne.
N. S. Wales as a Field for Emigration. 155
amenities that flow from family life are naturally most genuine and
matured in the oldest colony. It is therefore not unfortunate for
me that my personal experience coincides with these circumstances
of Australian life, in pointing out New South "Wales as the colony
to be kept in view in what we have to say about Australia this
evening.
The different terms of designation which geographers have
employed sufficiently show their perplexity in correctly describing
Australia. We find it variously set down as an island, a conti-
nent, a continental island, and an island-continent. Without
attempting to trace the discovery of this new southern world, we
may admit that the English who are fast peopling it were not the
first discoverers. The great land itself lies between lat. 10° 39'
and 39° 11' south, and long. 113° 5' and 153° 16' east; and it is
from east to west about 2400 miles long, and from north to south
1800 or 1900 miles broad. It has at least 8000 miles of coast?
and is computed to contain an area of 3,000,000 square miles.
It was upon the eastern coast of this immense island that the
first English settlement was formed in January 1788. After the
disruption of the North-American colonies the Imperial Govern-
ment considered it necessary to find some other outlet for the
convicted criminals of England; and in consequence a fleet of eleven
transport vessels was fitted out in 1787 under Captain Phillip,
who was ordered to sail for Botany Bay, on the coast of New
Holland, and there form a new penal settlement, of which he was
commissioned as first governor. The great navigator Cook had
come to an anchor in Botany Bay, which received its name for a
reason more poetical than is generally supposed. Sir Joseph
Banks, who accompanied Cook as botanist, so named the place in
consequence of the variety of new flowers which he discovered in
its primeval forests. Captain Phillip was directed to sail for
Botany Bay for the very simple reason that it was the only place
of anchorage on the coast of New Holland then known to the
authorities. It is not generally known in Europe that no settle-
ment was ever formed on the shores of this bay. Captain Phillip,
without landing his people, came to the conclusion that it must
ever remain an insecure harbour, while its shores presented no very
eligible site for a settlement. After some delay an inlet of the
sea was discovered a few miles further north, which is now
admitted to be one of the finest harbours in the world ; and on the
156 Speeches.
shores of the splendid harbour of Port Jackson the exiles were
landed, and a few tents and rude huts occupied a gap in the wild
woods where the populous city of Sydney at present stands. The
convict colony of New South Wales thus founded seventy-four
years ago was the only occupant of this vast unexplored world until
the year 1803, when a second convict colony was established under
the name of Yan Diemen's Land. We cannot stop to notice the
chequered history and slow progress of these communities while they
remained the receptacles of British criminals, though it will be
necessary to revert to the matter for a moment to show how faint
are the traces now left of the origin of Anglo- Australia, so rapidly
growing up to the dimensions and attitude of empire. The third
Australian colony was founded on the western coast in the year
1829, under the name of the Swan River Settlement, or Western
Australia. Five to seven years later the colony of South Aus-
tralia was established, making a fourth separate community. The
fifth in point of time, the great colony of Victoria, dates its
separate existence from the year 1850, up to which time it formed
a part of New South Wales. In the latter part of 1859 the
northern extremity of New South Wales was cut off and pro-
claimed a separate colony under the name of Queensland, forming
the sixth and last of the Australian group.
From the repeated severances of territory which the parent
colony has undergone, an idea of confined existence might possibly
be entertained. But " life has ample room" stiil within the
boundaries of New South Wales. The colony as now constituted
contains an area of 300,000 square miles, or upwards of
207,000,000 acres — more than five times as large as England and
Wales. I for one believe that it is far better for the parent colony
that those distant regions, at one time included within her terri-
torial limits, should be politically separated and erected into
independent colonies, and that the springs of prosperity for all will
gain in vigour and elasticity by the separation. The interests
of the separate communities will naturally act and re-act on each
other to the general advancement, increasing the established
channels and creating new outlets for trade and intercourse, and
at the same time best developing the natural resources and dis-
tinctive advantages of each for the good of all.
Having glanced at the far-off group of political independencies
which are revelling in freedom under the British flag in the
N. S. Wales as a Field for Emigration. 157
southern hemisphere, and where the Anglo-Saxon spirit lives as
sound and healthful and is as gloriously battling for moral empire
as within the British Isles, we will confine ourselves for the rest
of the evening to a view of Australian progress, sketched from life
in the parent colony, the Mother of the Australias, as she may be
fitly named.
New South "Wales has a coast-line extending from Point Danger
on the north in lat. 28°, to Cape Howe on the south in lat. 38° ; and
as the colony runs back to points 500 and 600 miles from the sea, it
contains many varieties of soil and climate. Though it is more than
five times as large as England and Wales it is occupied by a people
much weaker in numbers than the population of Glasgow or Man-
chester. I apply the term " weak" to this handful of colonists in
contrast to the vastness of the field before them, where in every
direction nature is asking for human strength to render her riches
available for mankind. If we go back forty years we find that in
1822 the population of New South Wales was 30,756 ; that was
in fact the total population then in Australia ; for at that time
there was no other settlement on the mainland. Now the united
population of Australia may be set down at 1,250,000.* The
present population of New South Wales is 350,553. The principal
staple production of New South Wales for years past has been
fine wool. In 1822 the number of sheep in New South Wales,
which means in fact the number then in Australia, was 138,575.
Now the number of sheep in the four colonies of New South Wales,
South Australia, Victoria, and Queensland — leaving Tasmania (as
Van Diemen's Land is now called) and Western Australia out of
the account— is 18,187,451. The number of sheep at present
owned by New South Wales is 6,119,163, being 325,036 more
than is possessed by any other colony. In 1822 the number of
vessels which arrived in New South Wales, which means the
number of arrivals during that year in Australia, was 71
giving an aggregate of 22,924 tons. In 1860 the number that
arrived in New South Wales alone, to say nothing of the other
colonies, was 1424, giving the aggregate of 427,835 tons. The
same surprising results would be shown by comparisons drawn
from the same period in other main elements of material progress.
But comparisons compassing a wide space of time in Australia
* The total population of the Australian colonies and New Zealand at the
present time (1875) is estimated at not less than 2,250,000.
158 Speeches.
give an average of progress which, owing to the slow and
impeded course of colonisation in the days of convictism, affords
no true indication of the rapid strides made during the last few
years. Let us therefore take the intervening five years which lead
from the cessation of transportation in 1849 to the introduction of
Kesponsible Government at the close of 1855, and then the suc-
ceeding five years, during which the colonies may be said to have
been struggling with the novel task — so difiicult on account of its
novelty — of governing themselves.
I shall commence with the returns for 1851 to avoid the con-
fusion that would surround the use of the figures for 1850, in
which year the statistical returns were largely affected by the
separation of Victoria. In 1851 the population of New South
Wales was 197,168, the land under cultivation was 153,117 acres,
the number of horses in the colony was 116,397, the number of
horned cattle 1,375,257, the number of sheep 7,396,895, the
number of vessels inwards 553, the number of vessels outwards
503, the amount of imports was £1,563,93 1, the amount of exports
£1,796,912, the revenue was £486,698, the expenditure £444,108.
In the same year the number of schools in the colony was 423,
and the number of convictions in the Supreme and Circuit Courts
and in the Courts of Quarter Sessions was 574. In 1856 the
population had increased to 286,873, the land under cultivation to
186,033 acres, the horses to 168,929, the horned cattle to 2,023,418,
the sheep to 7,736,323, the vessels inwards to 1143, the vessels
outwards to 1219, the imports to £5,460,971, the exports to
£3,430,880, the revenue to £1,986,553, the expenditure to
£1,835,134, while the schools had increased to 565 — showing
an addition of 142 — and the convictions in the criminal courts
had been reduced to 461 — showing a decrease of 113. In 1860
the population was computed at 348,546 — more than double what
it was in 1844, notwithstanding that Victoria had set up on her
own account with her 70,000 inhabitants in the interval. In the
same year the land under cultivation was 260,798 acres, the horses
were 251,497, the horned cattle 2,408,586, the sheep 6,119,163,
the vessels inwards 1424, the vessels outwards 1438, the imports
amounted to £7,519,285, the exports to £5,072,020, the revenue
was £1,880,508, and the expenditure £2,047,955. The schools
had increased to 798, while criminal convictions had been still
further reduced to 405. Let us pause here to see more clearly
N. S. Wales as a Field for Emigration. 159
some of the results exhibited by these figures. New South Wales
was a convict colony up to 1849, a period of 61 years ; though it
is proper to state that the prison stream had flowed into it in
diminished volume during the last 6 or 7 years of that time. In
1851, the second year after its emancipation, the land which had
been brought under cultivation in 63 years was 153,117 acres.
In 1860, the eleventh year after its emancipation, the land under
cultivation was 260,798 acres, showing in the 9 years an addi-
tional acreage more than equal to two-thirds of all that had been
done in the first 63 years. In 1851 the schools were 423, in 1860
the number was 798 — an increase in 9 years of nearly 90 per cent,
on the result of 63 years, to say nothing of the improved character
of the schools. In 1851 the number of criminal convictions was
574, with a population of 197,168; in 1860 they were reduced to
405, with a population of 348,546. If it were my purpose to
show the impolicy of planting colonies as places of penal servi-
tude, at least so far as the progress and welfare of the colonies are
concerned, perhaps these expressive figures would go far towards
carrying conviction on that point to impartial minds. Happily in
our case that is not called for, as the colony of which we are
speaking is fairly started on the broad road of freedom, and may
rank itself with the most favoured in the measure of self-govern-
ment it enjoys. These figures however will serve to show how
rapidly the convict taint is disappearing before the enlightened
activity of a free British population. The actual number of
Imperial prisoners now in New South Wales is very small ; in
1860 it had dwindled down to 186. It would be difficult indeed
for the most fastidious of social critics to discover in the face of
things in the colony at the present time any visible traces of its
penal origin, or any marked features distinguishing its cities and
towns from the cities and towns of England, except it be that they
generally are cleaner and look much happier.
It has been already stated that the territory of New South
Wales comprises 207,000,000 acres. Of this vast area of land, in
1860, 7,170,690 acres had become private property by grant and
purchase, 49,068,941 acres were held under lease chiefly for
pastoral purposes, 1,808,640 acres had been reserved for public
purposes, and 148,951,729 acres were lying unoccupied. Some of
the pastoral " runs" in the interior comprise 250,000 to 500,000
acres ; and the quantity of cattle and sheep chiefly possessed by
i6o Speeches.
these Australian squatters, as already stated, would give an
average of more than 7 head of horned cattle, and more than 17
sheep for every man, every woman, and every child in the colony.
In 1860 the principal items of pastoral produce exported were
12,809,362 lbs. of wool, amounting to £1,123,699 in value;
13,647 cwts. of tallow, amounting to £28,794 in value ; and green
hides to the amount of £68,576. It will be seen from the
figures already used that the number of sheep in the colony
had declined in 1860 to 6,119,163 from 7,736,323 in 1856; but
it must be recollected that the new colony of Queensland —
eminently a pastoral country — had just been partitioned off
from New South Wales with a number of sheep estimated at
3,000,000. It may be fairly admitted, however, that circum-
stances, not the least of which is the healthy growth of other
interests, render " squatting" or sheep-farming on a large scale in
New South Wales less progressive than other departments of
productive industry. The mere ** squatter" naturally prefers a
country where the inconveniences of civilisation are farthest re-
moved from him, and for this reason many " run-finders" among
the class have latterly migrated to the vast unexplored regions in
the north. Still, the capitalist who prefers this kind of colo-
nial investment, and who can content himself with less than
extravagant returns, may find a wide and profitable field in New
South Wales. The land under cultivation in 1860 yielded
1,581,597 bushels of wheat, 1,484,467 bushels of Indian corn,
39,801 bushels of barley, 98,814 bushels of oats, 28,127 tons of
potatoes, 9704 cwts. of tobacco, 50,927 tons of hay, 99,791
gallons of wine, besides other produce. The grapes raised for
table use amounted to 366 tons, and other green fruit, including
oranges, lemons, figs, bananas, guavas, loquats, nectarines, apricots,
peaches, plums, pears, and apples, must have reached a total value
of over £100,000. The value of the fruit — chiefly oranges —
exported was £61,466. It may be confidently expected that every
kind of cultivation will extend with comparative rapidity under
the new Land Acts which came into operation on the 1st of
January this year. These Acts enable the agricultural settler to
select for himself a farm of not less than 40 nor more than 320
acres, at a fixed price of 20s. per acre, giving him three years'
credit without interest for 75 per cent, of the purchase-money.
Kecent advices from the colony report that within two months
N. S. Wales as a Field for Emigration. i6i
conditional purchases had been made by 1222 persons not
previously freeholders — the area selected being 104,405 acres, and
the portion of the purchase-money paid up £26,275, while 219
purchases had been effected by small freeholders, adjoining their
freeholds; so that the total number of conditional purchasers
had been 1441, the area selected 117,949 acres, and the deposit
paid £30,033.
The first discoveries of Australian gold were made in New
South Wales, and the gold produce has of late years largely
increased ; but the colony contains also rich mines of coal, copper,
and iron, and recently an extensive silver- mine has been opened.
In 1860 the colony raised from its mines 356,572 ozs. of gold,
valued at £1,359,823 ; and 369,827 tons of coal, valued at
£228,187, besides a small quantity of copper ore.
The value of the gold raised during last year was nearly
£2,000,000, and so far as this year had advanced, at the date of
the latest intelligence, the yield was still largely increasing. This
will be seen by comparing the results for the first two months of
the last three years. For January and February, 1860, the
escorts delivered at the Sydney Mint 40,354 ozs.; for the corre-
sponding period of 1861 the delivery was 54,109 ozs.; for the
corresponding period of 1862 it amounted to 82,424 ozs. — more
than doubling the yield of 1860. It is worthy of note that
while this remarkable increase is shown in New South Wales,
the yield in the other gold-producing colonies of Australia is
sensibly declining. A few months ago a new gold-field in the
Lachlan district was discovered, which there is reason to believe
will prove of wonderful extent and richness. At our latest dates
the gold found there had reached an amount actually beyond the
power of the escort to bring it to Sydney, A telegram received
by the Government in March states "that 17,000 ozs. had been
placed in the hands of the commissioners to be sent to Sydney by
escort ; that upwards of 5000 ozs. had been lodged with or
purchased by the banks, and that about 8000 ozs. additional was
known to be still in the possession of the diggers, who were
waiting an opportunity of sending it down." The silver mine
already alluded to has been discovered on the southern coast, about
200 miles from Sydney, and the assays that have been made give
a yield of 40 to 100 ozs. of pure silver to tlie ton of ore. The
copper mines opened in New South Wales are eight in number,
M
i62 Speeches.
and the latest advices show great activity in setting up machinery
and preparing to work these mines. Copper ore is certain to form
an important item in the exports of the present year.
Some of the minor productions of New South Wales may be
pointed out as showing the various channels into which colonising
enterprise is directing itself. Colonial manufactures are of course
in their infancy ; but we have among other establishments of this
kind 10 breweries, 62 tanneries, 8 tobacco manufactories, 8 cloth
factories, 15 foundries, and 34 soap and candle manufactories.
In the year 1860 we manufactured among other things 118,500
yards of tweed, 57,080 cwts. of soap, 35,485 cwts. of candles,
1695 cwts. of tobacco, 113,600 cwts. of refined sugai', besides 17
sea-going vessels of different sizes, and 1,573,500 sovereigns and
156,000 half-sovereigns — the coinage of the Mint. In the same
year we exported articles of colonial growth or manufacture of the
following estimated values: — Beer, £5314; butter and cheese,
£33,527 ; carriages, £1681 ; carts and waggons, £5744 ; eggs,
£5324; fish, £7212; Indian corn, £92,450; leather, £11,866;
machinery, £8393 ; timber, £27,210. These are only a few of the
minor exports, and are quoted simply to show the more infant forms
of productive industry. It may be further added that in 1860
there were in the colony 193 mills for grinding corn (of which
134 were worked by steam power), 230 reaping and threshing
machines, 41 saw-mills, and in connexion with the port of Sydney,
two patent slips, two dry docks, and a fleet of 51 steam-vessels.
Sydney, the capital of New South Wales, is a city containing
with its suburbs 93,000 inhabitants. It may be said to occupy
several rocky ridges of land radiating from its southern limits to
the waters of Port Jackson, the waves of this noble bay beating into
its bosom up a succession of beautiful deep coves. No finer site
for a great city could be imagined. Many of the streets are well
formed, and the houses of business are of considerable architectural
pretensions, and are as well stocked with merchandise as similar
establishments in England. The city, being the seat of Govern-
ment, contains all the public buildings of a national character,
and among its other edifices may be enumerated two cathedrals,
upwards of twenty churches and chapels, the University, the
Exchange, and eight handsome banking-houses. The suburbs of
Sydney present on all sides delightful pictures for the admirers
of Nature in her different forms of beauty. There is an almost
N. S. Wales as a Field for Emigration. 163
endless variety of sea and shore ; and the romantic inequality of the
neighbouring country has been taken advantage of in many
instances, with the eye of the artist, for the erection of rural
villas, and in some cases quite lordly palaces, which greatly
heighten the landscape under a blue and cloudless sky. Many
persons will be surprised to be told that some of the proprietors
of these suburban palaces are gentlemen in receipt of incomes
varying from £20,000 to £40,000 a year, and that some of them
are " sons of the soil," who have never been out of the colony.
The principal country towns are Parramatta, Bathurst, Goul-
burn, Maitland, Newcastle, Grafton, Armidale, and Albury, the
populations of which range from 3000 to 8000 ; but there are
many other townships. In 1860 there were in the colony 287
post-offices, and the mail routes added together gave a distance of
1,461,518 miles. The statistics of the Post-office for that year
afford some proof of the growth of intelligence ; the number of
letters conveyed was 4,230,761, the number of newspapers
3,668,783, the number of book and other packets 83,736. In
illustration of the intercourse between the colony and the mother
country, it may be stated that the mail steamer which arrived at
Sydney in March last carried to the colony 21,014 letters, 26,452
newspapers, and 271 packages of new books and printed papers.
In Sydney there are two large daily newspapers, and nearly every
country town has its local journal. In 1860 the scholars
attending the 798 schools were 34,767, and there were in the
colony 329 Sunday-schools, with 21,104 children attending them.
The University of Sydney, which occupies a noble Gothic building
that London would not be ashamed to possess among her public
edifices, includes Professorships in Classics, in Mathematics, and
in Physics, and Readerships in Jurisprudence and in Modern
Languages. Its constitution is purely secular, and so catholic in
principle that, while it is open alike to students of all creeds,
the son of the shoemaker has as easy admission as the son of the
millionaire. The Colonial Government has founded this great
institution, as I hope it will be admitted, in a spirit of wise fore-
cast, and with a patriotic munificence, to afford the means to
superior native talent of fitting itself to serve the country in the
different provinces of knowledge and of public life. If such an
institution should appear to some above the wants of the colony,
I would ask them to reflect upon the value of a single mind richly
m2
164 Speeches.
gifted — such as rises upon the world as the luminous accident of a
hundred years — if fully armed for the "battle of life," in a
country which has everything of good and renown to achieve.
In the early years of New South Wales the forms of Government
were of an arbitrary character. The Governor for the time being
was a little despot ; men were tried for their lives by benches of
military officers. Trial by jury was at length introduced, and a
local Legislature was established, which however was at first
composed of gentlemen appointed by the Crown, and presided
over with closed doors by the Governor himself. The repre-
sentative principle was not introduced till the year 1843, when
the colony was 65 years old. The Legislature then created still
retained a large infusion of the nominee element, and it possessed
very few of the substantive powers of legislation. It had no
voice in the disposal of the public lands ; no efiective control over
the public revenues; no check whatever on the public service.
The representative part of it was mainly based upon an electoral
household qualification of .£20, and a freehold qualification for
members of £100 a year. This form of Legislature continued with
some modifications till the close of the year 1855, when new con-
stitutions of a very comprehensive and liberal character were
conferred upon all the Australian colonies. Kept in leading-
strings until then, with even their Custom-house officers appointed
by the Imperial Government, they were suddenly raised to a state
of the fullest freedom with constitutional power to fill every office
from the Chief Justice downwards ; to raise and appropriate the
public revenues and to dispose of every acre of the public domain-
It would not be a matter of surprise to thoughtful men if these
complete powers of self-government were used with some abuse
and some folly by a people into whose hands they came so
suddenly, and who had been so little trained for their wise
exercise. But it would be an easy task to show conclusively if
time permitted that Parliamentary Government in Australia
instead of proving a failure, as English libellers have asserted, has
been a remarkable success. It has done one thing however in
which may be found the secret of much of the abuse indulged
in by returned colonists ; it has removed from active public
life many of the persons who formerly enjoyed the "loaves and
fishes" of Government and Government patronage, not by the
confidence of the people, but by a petty kind of Court favouritism
N. S. Wales as a Field for Emigration. 165
and by their official connexions. It is natural perhaps that these
persons should complain, but in their morbid descriptions of the
political condition of the colonies they should at least adhere to
the facts.
The present Parliament of New South Wales consists of two
Houses — a Council appointed by the Crown and an Assembly
elected by the People. In the constitution of the Lower House
there is no qualification for members, the elective franchise is
extended to all permanent residents and all persons holding a
" miner's right " on the gold-fields, and the votes at elections are
given by ballot. This House claims the exclusive exercise of the
money power, and four out of the five Cabinet Ministers sit here
at the present time. It is desirable to distinguish between the
residential sufi'rage existing in New South Wales and " universal
suffrage ;" for the simple qualification of residence, while it admits
all who can entertain any serious desire to be upon the electoral
roll, effectually excludes persons of no settled abode or occupation.
In 1860 the number of registered electors was only 77,945, while
the adult males could not be fewer than 130,000.
It must be admitted that men of questionable fitness have been
elected to the Legislative Assembly, but it is also a fact that some
of the best- qualified men in the entire colony are members of that
body. But notoriously unfit men were returned to the early
colonial Legislatures ; and are no unfit men returned to the
House of Commons 1 Then with respect to the Ministers who
enjoy the confidence of this Legislature, the present Prime Minister
is one of the oldest Australian representatives, having been
returned to the first elective Council in 1843 ; he is admitted on
all hands to have been one of the most useful public servants,
and is undoubtedly the most experienced administrator in the
colony. In social standing Mr. Cowper is the son of an
archdeacon of the Church of England who laboured through a
long life universally respected. I may disapprove, as I certainly
do disapprove, of much in Mr. Cowper's political life, but surely
the circumstances I have stated should point him out as one of
the men entitled to aspire to Ministerial office. If not to men
like him, where should we look for our Ministers? It is a
stereotyped phrase with English newspaper writers, who write
without knowing the facts, that every mail brings a Ministerial
crisis in Australia. Why, Mr. Cowper has been Colonial- Secretary,
1 66 Speeches.
with the exception of a short interval of some four months, ever
since 1857. Your Palmerstons and Derbys don't last longer than
that. Many persons indeed think he has been too long in office.
We do not pretend to say that blunders have not been
committed in the management of our affairs, or that faults of a
more serious nature may not be singled out. Other considerations
as well as fitness for the office may have weighed with Ministers
in making appointments to the public service. Unsound
principles may have received an insincere support because their
advocacy insured a passing popularity. But still we ask, do these
things not occur among your old and highly-disciplined politicians
in England 1 and why do you not pluck the motes from your own
eyes 1 And we answer your affected satires by telling you,
in a tone of reproach which we think can be better justified,
that we have no bribery and intimidation at our elections, such as
your parliamentary committees — to the shame of the nation — have
disclosed. But parliamentary Government in Australia has not
been an inoperative, unproductive thing. We appeal to the
British people, and ask to be judged by what we have done. Not
by the words of the Times newspaper, but by the acts of our own
Parliament. Since the introduction of Responsible Government
we have established District Courts throughout the colony,
enabling suitors to obtain justice without being ruined by long
and costly journeys to Sydney; we have brought into existence
no fewer than twenty municipal bodies for managing the local
affairs of the principal towns ; we have greatly multiplied the
means of public education ; we have improved the management
of the gold-fields and rendered them much more productive ; and
we have opened the public lands on an easy and equitable plan for
the settlement of industrious families. One consequence, which
cannot be easily summed up in definite terms, is the wide diffusion
of feelings of contentment and attachment to the country, and the
growing up of a robust spirit of independence. More men look
abroad with the consciousness in their looks that they have a
rooted interest in the land ; more poor women plant flowers at
their doors and decorate their rooms with pleasant pictures ; there
are more neatly-clothed and happy-looking children. Surely these
are results to test the value of a political system. Surely
these are goodly fruits to spring from our governing ourselves.
We have been charged with disloyalty. We answer, when did
N. S. Wales as a Field for Emigration. 167
any great event stir the heart of the fatherland and we not give
brilliant proof of our consanguinity and our loyalty"? The Austra-
lian Governments have been charged with repudiation. We say,
simply, the charge is false. No public man amongst us has ever
breathed a thought that could be tortured to mean repudiation of
our public engagements. On all occasions the public faith has
been scrupulously kept, even in cases where it is popularly believed
that corrupt bargains were made by leading men of the former
regime who are now among the loudest traducers of the colony.
Every true Australian is too confident in the glorious destiny of his
country to wantonly sully her early fame by a public act incon-
sistent with public honour. A few generations more and that
destiny will place the Australias amongst the foremost of free
and prosperous Christian states.
FRIENDLESS CHILDREN.
SPEECH
Delivered at the Annual Meeting of the Sussex-street Ragged-schools held
in the Hall of the School of Arts, Sydney, July 1st, 1863.
Mr. Parkes said : I have been requested to move a resolution
which I am sure will be adopted by you with your perfect con-
currence and your unqualified sympathy. It is my privilege to
ask you to acknowledge in a special manner the services of those
ladies and gentlemen who visit and teach in these ragged-schools,
and who by various means contribute to their success. In this
city, so admirably adorned by wealth and surrounded by such mul-
tiplied forms of beauty, there is nothing richer or more beautiful
to an enlightened mind than the unostentatious care and teaching
bestowed by these ladies and gentlemen on the forlorn and
forsaken children of our streets. Thanks, I say, thanks from warm
and grateful hearts to these good teachers. And it reflects honour
on our city that among her sons and daughters living in affluence
and ease there are not wanting those who quietly come forward to
undertake this task, and in circumstances which would be irksome
and repellant to their minds if it were not for the practical
philanthropy by which they are sustained. I would venture to
say to them, that though they may pursue their work apart from
the bustle and parade of this world; though by it they may
acquire no fleeting reputation among their fellow-creatures — still
their labours are not unnoted and cannot be obscured ; still they
are building up for themselves the best and only satisfying reward
of human action — the consciousness on leaving the world that they
have striven to improve it. These ragged-schools — those 230 little
children — what a history is there ! Closed and sealed at present,
and only to be unfolded by the rolling course of years. Imagination
alone can help us now in estimating the manifold results that
will be borne forward on those 230 streams of life. How largely
will those 230 children influence society 1 Who dares to look
upon them with a feeling of indifference or pass them by with an
Friendless Children. 169
idle scorn 1 Why, those little helpless creatures who now excite no
higher feeling than pity, will one day step forth into the world to
stir the strongest passions of our kind — it may be to leave a visible
mark for good or evil on their generation and time. The report
of the Sussex-street school quotes the words of Mr. Kingsley,
that "The most precious thing in the world is a human being."
And is not this the sum of all experience and all knowledge 1
What larger golden truth relating to the affairs of this life can we
learn 1 What thing can we find of purer interest 1 What is there
in the dainty outlines of the loveliest poodle that ever was nursed
in lady's lap to compare with the mantling cheek and soul-speaking
eye even of a scantily-clothed and neglected child 1 What is there
in the glory of the rose or the sweetness of the lily to compare with
the heart-fragrance which is stored up in one of those little ones 1
Nay, more; who shall say, while contemplating some goodly
work of human intellect, that the undeveloped capacity does not
exist in some child before him which shall expand and strengthen
till it confers a yet greater service on mankind ? Let us then take
care of these precious things, remembering always that those we
rescue with the left hand not only lessen the sum of vagrancy and
vice, but they are passed on to society by the right hand to lighten
its burdens, to increase its powers of industry, and to defend its
interests. Practically considered — in a business sense of what
is practical — it is indeed surprising how largely the ragged-
school teaching is calculated to benefit society. Few persons
perhaps have estimated the amount of mischief which a
few criminal children may cause to the State. By a return
furnished to a committee of the House of Lords I find that
530 children under 16 years of age were committed for trial
at the Middlesex Sessions during one year. The total value of
the property stolen by these 530 children was only £158 7s. 9d.
But what was the cost of their punishment 1 The cost of prose-
cuting them was £445 17s.; the cost of their maintenance in gaol
after conviction was £964 12s. 2d. — making £1410 9s. 2d.
Thirty-six of their number were transported, and the estimated
cost of transporting and maintaining these was £3952 — making a
total of £5362 9s. 2d. But who can calculate the cost of those
60|) children to society] This £5000 was only the beginning.
How much better to teach the child than to punish the hardened
youth ; how much cheaper to provide schools than to build gaols ;
1 70 speeches.
how much more creditable to us as a community to have a long
roll of schoolmasters than a longer list of gaolers and turnkeys. I
hope and believe we have no criminal classes here such as exist in
the old cities of Europe. Our little vagrants for the most part
are the children of parents who have fallen in their own lives
through being removed from the restraints of family and friends,
and exposed to ruin and temptation — rather than the children of
parents who were themselves born to an inheritance of homeless-
ness and crime. If this be so, the more encouraging is the work
of rescue ; and not less imperative is the necessity of staying that
course of degradation which will otherwise settle down into
the permanence of a criminal class. If my voice could be
heard beyond this meeting, I would appeal to those gentle-
men throughout the colony who are at the head of large
establishments. These ragged-schools are deserving of their
attention, and may I be permitted to say 1 ought to command their
aid. They might do much for the children, for themselves, and
for the colony, by opening avenues of useful employment to the
inmates of these schools when they arrive at years fitting them for
service. A few months ago I passed a short time as the guest of
an English nobleman, who was something more than a peer of the
realm — one of the finest Englishmen I ever had the happiness to
meet. This nobleman, who was a model farmer, had on his estate
a private Reformatory of the simplest but the most beneficial
character. He takes poor boys at an early age, provides them
with a home under sound domestic discipline, has them taught
practical farming, while he gives them the means of a good
primary education. The result is that there is quite a competition
among the farmers in that part of England for the boys reared on
the estate. Why should not gentlemen in Australia imitate that
excellent example, and relieve the ragged-schools by drafting oflf
the older boys to a still healthier atmosphere, while the girls
might be absorbed by a similar principle into domestic service 'i
A hundred young men and women thus added to our real
colonisers would be a saving of more than £1000 in our immigra-
tion grants, to say nothing further of the other and higher benefits
to society at large. It is impossible to over-estimate the value of
these efibrts of unpretending philanthropy. Let us all help to
the extent of our opportunities and our means. In few things —
perhaps in nothing — can we be of more use to our country.
THE FIRST YEARS OF RESPONSIBLE
GOYERNMENT,
[In the early part of 1864, after his return from England,
Mr. Parkes was invited by a numerously signed requisition
to become a candidate for the representation of Braidwood,
and although he declined and refused to give his sanction
to any of the proceedings that followed, he was placed in
nomination. An avowed candidate was in the field who prose-
cuted an active canvass on the spot, and this gentleman was
successful by a majority of twelve votes. After the election Mr.
Parkes was invited to a public dinner. He arrived at Braidwood
late on Wednesday the 30th of March ; and though the night was
dark and rainy a number of gentlemen met him several miles on
the road and accompanied him into town, where a crowd of about
200 persons assembled in front of the Doncaster hotel received
him with three hearty cheers. The public dinner to which he was
invited took place on the following evening, and the large room of
the Doncaster was completely filled, not fewer than 200 gentlemen
sitting down to the good things provided. The chair was occupied
by James Rodd, Esq. After the usual loyal toasts, the chairman
proposed " The Guest of the Evening and the True Principles of
Parliamentary Government," which was received with much
enthusiasm.]
SPEECH
Delivered at a public dinner given by the people of Braidwood,
3l8t March, 1864.
Mr. Parkes said : He felt it difficult to find language to
express his grateful sense of the reception he had received at
Braidwood. He felt that he stood before them that evening under
circumstances of a gratifying character, which very seldom occurred
in the lives of public men. Either in the colonies or in the
mother country it was not often that men engaged in political
life received a compliment — he might say an ovation — in its nature
and its significance like that with which they had honoured him.
It was no uncommon thing for members of Parliament to be
172 speeches.
feted by those whom they immediately represented, or by masses
of men interested in some cause with which they were specially
identified. It was no uncommon thing for Ministers of State in
the zenith of their power and popularity to be banqueted in a
national spirit by a grateful people. But it was a rare occurrence,
and one that carried with it the most gratifying reward that a
public man could receive for years of labour and sacrifice, to be
drawn back as it were after he had retired from public view — not
by those with whom he had been intimately connected, not by
those to whom he had been personally known, but by a remote
part of the community, all strangers to him, who have brought to
bear on his character and conduct something of that scrutiny
which is exercised in its complete justice by posterity alone — to
be drawn back, and publicly honoured for services rendered years
ago, which perhaps his opponents were beginning to hope were
forgotten. He felt that in their generous reception of him that
night he received no mere empty compliment, but a publicly
avowed recognition of eflforts he had made and of weary days and
nights he had consumed to benefit the country. His labours might
not always have been well directed — his best efibrts might have
been crowned with unequal measures of success. Indeed he was
free to confess that his past public life, in his maturer judgment
to-da]^, had not been without mistakes — perhaps serious mistakes.
Vain was the man, and false as vain,
Who said, were he ordained to run
His long career of life again,
He would do all that he had done.
He acknowledged that if he had his lost opportunities before him
again he would try to use them in some instances more wisely.
But still he believed the good people of Braidwood recognised, in
their warm and generous welcome, the purity that he hoped had
regulated his political life and the usefulness that as a general
result had attended it. They did this in a way so spontaneous
and unsought that instead of invoking jealousy it ought to be an
encouraging assurance to others engaged in the toils and anxieties
of political warfare, that public gratitude was not a mere figment
of the imagination but a living principle of English society; which
like all good seed repays the sower according to the amount of
faithful labour he bestows upon the planting. A public dinner
was a thoroughly English mode of testifying respect for a public
man ; and he for one did not wish to see this hearty custom
First Years of Responsible Government. 173
effeminated into a custom of pic-nics. These gatherings had their
uses, and in English history they had been often made instru-
mental in giving new direction or new impulses to the public
mind, and in accelerating important events. He did not for a
moment believe that the gentlemen who had originated the present
dinner had no object to promote by what they had done — no end
which their meeting here to-night might tend to accomplish. In
the first place, he understood this demonstration, in reference to
himself, as telling him plainly that in the opinion of a large por-
tion of the people of Braid wood it was his duty to do something
more than he had lately been doing ; that in some way or other he
ought to be more actively participant in the progress of the country.
In the second place he understood it as meaning plainly enough
that they were not quite satisfied with the state of political affairs
at the present time ; that they wanted in some way or other — as
Englishmen always wanted when politically dissatisfied — to find
voice for their opinions and sentiments ; and that among other
things they wanted to hear what he had to say. Well, he had
to say that the men of Braidwood were noble fellows, and that
the women could have nothing better said of them than that they
were worthy of the men. But there were other things to be said.
In some sense this was a trying and dispiriting time, but it was a
period in our political history full of interest and instruction, and
leading, although unperceived by the noisy actors of the day, to
important changes in our condition. They might rest assured that
political life with us was in a state of silent but rapid transition,
and that before a very long time should elapse things lately done
with complacency would be undone with general approval j and
names now conspicuous would be lost sight of, perhaps for
ever. He did not however think it was a time to despair of the
working of liberal institutions, or to doubt the ultimate triumph
of liberal principles. But it was a time for men to pause and
review the past ; to ask themselves as honest citizens whether
all had been done for the best ; whether no pernicious extrava-
gances had been committed ; whether no false standards had been
set up. It was a time for men to inquire into the fitness of things,
and to be satisfied that their strength, as a community endowed
with all the immunities of freedom, was being wisely applied. He
wished to speak to them as electors, and through them — if any
words of his might reach so far — to the constituencies that lay
1 74 Speeches.
beyond them. He was not there in a contested election ; happily
he had no foe real or imaginary to battle with him — no political
party to attack. But as one who had laboured hard to extend
their political liberties, and who was largely responsible for the
present state of the electoral law of the country, he hoped he
should be heard with indulgence, not only by those present
but by others elsewhere to whom his voice might not reach.
If the present Legislature were to be accepted without question
as the natural fruit of the existing Electoral Act, he feared their
reforms must be pronounced a failure, for a more mischievous and
dangerous body than the Assembly as it now existed could scarcely
be imagined in a free country — mischievous and dangerous alike
from its inexperience, its self-conceit, and its utter want of self-
respect and just sense of its duties and responsibilities. He
knew it was the fashion to attribute this to the Electoral Act. He
did not believe it. He would not say that the electoral law was
perfect, or that it did not contain serious political errors. But he
was satisfied that the admitted failure of the present Assembly was
of itself no proof of the failure of the Constitution under which it
existed, but was attributable to a variety of causes, some of them
lying remote and not likely to be investigated or noticed by the
mass of the community. The chief of these causes he thought
rested with a class of gentlemen who were loudest in their con-
demnation of the existing state of things, inasmuch as instead of
remaining at their posts and patriotically fighting out the " battle
of the Constitution," which was inevitable on the introduction of
responsible Government, they spiritlessly abandoned the contest
when the first storm of popular displeasure rose against them. If
they, like true English gentlemen, had kept their ground and
fought on bravely through the struggle for power, the mere conflict
of disciplined minds and the opposing of one set of principles to
another would have preserved a higher standard of public life, and
would have effectually repressed that low order of time-serving and
shameless insensibility to the public interest which were the most
conspicuous characteristics of the present Assembly. True, they
might have been defeated in the House and on the hustings, but
the defeat of to-day would have been followed by the triumph of
to-morrow, and many men who were now encumbering seats
in Parliament would never have found their way to a place
for which they were so utterly unfitted. Another fruitful
First Years of Responsible Government. 175
cause of our present confusion was to be found in the conduct of
the men who obtained possession of the high offices of Government
by giving undue prominence to mere creatures of the hour, for the
unworthy purpose of having their assistance as mere political
creatures. These short-sighted Ministers were now justly punished
by seeing their tools transfer themselves body and soul to the *'new
men," apparently without feeling a touch of shame in openly
avowing that the only condition of their subserviency was the
possession of power by their masters. Another cause was the very
censurable apathy of many intelligent men in not recording their
votes at the elections, and the profligacy of others who under any
system of suffrage would be electors and possess influence, in
jockeying the elections to serve temporary and selfish objects.
And one cause of this unhappy state of things, interwoven with
and influencing all other causes, was the immense patronage
which had sprung up of late years, and which under any electoral
system would have been sufficient to corrupt both Parliament and
people. It was a most dangerous thing for any Government,
whatever might be its theoretic form, to possess the amount of
patronage enjoyed by the Government of this colony, and the large
increase of this patronage consequent upon our coming into our
political inheritance of self-government had never been sufficiently
considered. Its baneful effects followed quickly upon our learning
the art of governing ourselves, and had undoubtedly done much
towards vitiating the current of political life amongst us. Before
we joined in blaming our institutions for the excess of freedom
they guaranteed to the people, we ought to reflect a little and
think what would have been the excesses of the old order of
Government if our rulers then had possessed the gigantic patronage
of the present day. Or let us try to imagine what a Government
with the same powers of patronage, the same powers of propitiating,
intimidating, and silencing, would be likely to do if they had to
deal with a close Legislature based on a narrow property suffrage.
Did any sane man believe that a happier state of things would be
the result *? How were we then to remedy the evil ? The remedy
was in the people's own hands. Let men of property and intelligence
mix with the people and take a steady and consistent interest in
their affairs, and on all occasions afford them the teaching of
example in the single-minded performance of public duty. Let
the electors as a body learn to value the political trust confided to
ij6 , Speeches.
their keeping and to treat with a just contempt all who would
wheedle them out of their rights for sinister ends. Let the men
who fill the high offices of State enforce a higher standard of
political conduct; and instead of tampering with members of
Parliament and packing the Assembly with mere tools, let them
boldly seek support by the soundness of their measures and the
purity of their administration. The real power of remedying the
evil was in the hands of the electors. A weak and mischievous
Assembly might be brought into existence, but it could only live
its little day. Ministries might rise and fall, but the electors
remained the real masters of the political situation. It might sound
strangely as coming from him, but he did not fear being suspected
of subserviency to any particular class in advising them to be
cautious in trusting their liberty to men newly sprung from
amongst themselves, or to men who evinced too great an eager-
ness to secure their votes ; but rather on all occasions let them select
as their representative the true English gentleman if they could
find him — the man who by education and association was alive to
his ownhonour,and who valued his name and personal independence
above the favour of any Government. In England there were
gentlemen who held their simple names too high to be ennobled
by the Sovereign. If they could obtain the services of a man of
this stamp, cast in the mould of the immortal Hampden, their
interests would be safest in his keeping. But they must be careful
not to mistake the parvenu for the gentleman — they must have
the real pearl and not the counterfeit. He had seen the results
of the mistakes made by the constituencies in electing new and
inexperienced men on the mere strength of their loud professions.
These men were thus thrust into situations of importance for the
first time in their lives ; and when they got to Sydney they were
pounced upon by Ministers and political manipulators, and in
their ignorance and self-conceit they mistook the attentions that
were only designed to wheedle them out of their votes for a kind
of homage to their genius. Too often these loud talkers about the
rights of the people, who had been too readily trusted by the
electors, became the veriest of time-servers and sneaks. Instead
of talking about narrowing down the liberties of the country
it would be wiser to educate the people up to the proper
exercise of their rights. In America there was a great law-book,
Tke Commentaries on the Constitution, by Mr. Justice Story, an
First Years of Responsible Government. 177
abridgment of which was used as a text-book in the public schools
in order to instruct the rising generation in the duties of citizenship.
Why should not we have a political text-book in our schools to
teach our boys to understand the duties and to value the rights of
a free subject 1 Let us extend our system of common schools, and
make the range of instruction more comprehensive and useful. In
connexion with the education of the people, he could not but
express his strong regret at a recent Act of the Legislature which,
without adding materially to the public revenue, must tend to
impair the usefulness and limit the circulation of the public press.
Even admitting that there was room for improvement in the
character of colonial newspapers, still the newspaper was a powerful
instrumentality in keeping up our civilisation in a country where
the population was so scattered and the means of communication
so difficult, and where the circumstances of daily life tended so
much to rudeness and semi-barbarism. The newspaper was our
great political educator, and political education was the one thing
absolutely necessary to the successful working of our institutions.
Let us for a moment try to imagine the moral eclipse that would
suddenly darken this country if the two Sydney daily newspapers
were stopped. Would life in the interior be tolerable under such
a condition 1 If there were no means of knowing whether the
Governor was dead or alive; whether the courts of law were sitting
or not ; whether the markets were failing or were well supplied ;
whether the Legislature was passing wise laws, or the members
were locked up in the watchhouse. Why, life in the interior would
be so irksome in such a state of things that half the inhabitants
would leave it. And by imagining this extreme case they might
see what, in a less degree, would be the consequence of this recent
Act of an Assembly that was clinging to a feeble existence under a
sentence of popular condemnation. If the consequence of this
measure was to withdraw the light of the press only from a single
family it would be a calamity, and one which it may be the duty
of the Legislature especially to remedy, seeing that it was the duty
of the Legislature to extend popular education. When lately in
England he had paid some attention to the condition and character
of the provincial press of the mother country, and he had no hesita-
tion in saying that the colonial press need not fear a comparison
with it. The Newspaper Postage Act would never have been
passed if the Legislature had understood the true interest of the
N
17^ Speeches.
country. The constituencies must prepare for the general election,
which could not be delayed beyond another year. The greatest and
most interesting of colonial questions — the administration of the
public lands — was not yet settled. Much had yet to be done to per-
fect the means of easy and secure settlement on the public lands,
and to provide for the improvement of the interior of the country.
And then the question of taxation was waiting for examination
and readjustment, and a fiscal policy for the country had to be
established. He had long held the view that the land revenue
ought not to be applied to current expenditure, but ought to be set
apart for the permanent improvement of the interior. It was not
enough to settle men and women on the waste lands, but every
means ought to be adopted to keep up their civilisation and to
promote a healthy development of society. In settling the prin-
ciples of taxation, while they provided liberally for the current
expenses of government, they ought to take especial care that the
expenditure was not in excess of their real wants, and that the
public burdens were imposed equally upon the people and in no
way tended to cripple the industry or impede the progress of the
country. And let them not commit the mistake of fettering their
external commerce. No man could be more anxious than he was
for the introduction of new employments, for the implanting of
new manufactures amongst them, for the opening of new avenues
of industry in the country. The human organisation was so
various, the capacity for usefulness was so different in different
individuals that, as generation after generation arose, if their intel-
lectual and physical strength were forced into only one or two
broad channels of employment, the future nation must become
degenerate. One boy had a turn for mechanical invention, another
for commercial enterprise, a third had a love for agricultural life, a
fourth for the study of law or the investigations of science, a fifth
had a genius for the higher arts ; and unless they found means of
affording congenial employment to all, their noblest resources as a
civilised community must be in a large measure wasted. But
anxious as they all ought to feel for improvement in this respect,
they must not seek to bring it about by endangering their com-
mercial freedom. Rather than resort to any unhealthy prohibitory
or protective policy, let them adopt some judicious system of
bounties for the encouragement of their infant industries until
those industries could take root and exist on their own
First Years of Responsible Government. 1 79
support. They were aware that he had lately had some-
thing to do with immigration. They had been told some-
thing about that on a recent occasion in his absence, and
now he was here perhaps they would allow him to say something
for himself. He did not know whether anyone there was
opposed to immigration, but he believed a greater mistake could
not be committed by the working classes than to suppose that the
introduction of new population within just limits could be injurious
to them. It was ridiculous to say that this colony, with a territory
five times as large as England and Wales, was in a natural state
with a handful of inhabitants fewer in numbers than the popula-
tion of Manchester. The sooner the country was adequately
peopled by industrious men and virtuous women the sooner would
it arrive at a state of social happiness — the sooner would the
enjoyments and the refinements of civilised society be within the
reach of all. He for one however did not approve of the spasmodic
importation of large numbers for the mere purpose of supplying
the " labour market" as it was called, and thought that much tem-
porary mischief arose from the system — or rather want of system —
which was allowed to operate in our immigration of past years. If
we could originate a system of voluntary or self-supporting immi-
gration, it certainly would be the most baneficial in all respects for
the colony. This was the object of the mission entrusted to Mr.
Dalley and himself two years ago. It was an unreasonable thing
to expect much from their efforts in' the short time that was allowed
to them. He was convinced that this mission had not been
altogether unsuccessful ; but whatever success might attend it, the
results could never be traced by the public. Persons coming here
in consequence of the efforts made by himself and Mr. Dalley
would not arrive in immigrant ships or be announced in the
Government Gazette. They would naturally arrive in small numbers
and mix unobserved in the general mass of society; and many
persons had undoubtedly so arrived. He noticed that a ship now
in harbour, one of the line of the London firm with whom he and
Mr. Dalley made arrangements for the conveyance of steerage pas-
sengers to Sydney, had brought to the colony twenty-five steerage
passengers, and several persons with whom he communicated in
England had called upon him since his return to the colony. He
firmly believed that it would be greatly for the benefit of the colony
to maintain a permanent agent in England to diff'use correct infor-
N 2
i8o Speeches.
mation respecting the colony, and to promote the emigration of
those persons who had the means of defraying the cost of their
own passages — a class of emigrants who would bring more or less
of capital with their labour, and which consisted mostly of men of
enterprising spirit and provident habits. He again thanked them
for the great honour he had received at their hands. He was not
there with any view to future events — he had no political object
before him. Possibly he might never again occupy a seat in Par-
liament, and he had lived long enough and had been sufficiently
cooled by experience not to be particularly anxious for that honour.
But he hoped he might yet be of some use to the country, and they
might be assured that their generous recognition of his past services
would stimulate him to stronger exertions whenever opportunities
presented themselves. He hoped this meeting would induce them
all to act more steadily and consistently in the performance of
their duties as citizens and in promoting the freedom and pros-
perity of the country.
PUBLIC AFFAIES IN 1865.
SPEECH
Delivered to a meeting of the electors of Kiama held at Shell Harbour,
August 10th 1865.
Mr. Parkes said : He did not appear there so much to give
*^ an account of his stewardship" as it was termed, as to explain his
views on those political questions which were likely to come under
the consideration of Parliament at the present time. Of what had
been done in the session lately closed and the part he had taken
in the proceedings, the public press had made them already
acquainted, and it certainly was not within his present intention
to take any trouble to place his conduct in a more favourable
light than that in which the means of knowledge generally acces-
sible to the public might place it. He had opinions of his own
and he generally acted upon them without much regard to con-
sequences, and he believed his constituents would not consider it
an honour to be represented by any man who did not value his
own political independence. He should make but slight reference
therefore to his votes in the recent session. He had recorded his
vote on nearly every question of importance that came before
the House, and he was quite willing to leave those votes to speak
for themselves. He did not expect that his conduct would meet
with the unqualified approval of all who supported him, nor yet
that the opinions of his warmest friends would accord with
his on all occasions. The principal measures of the late session
were the Felons Apprehension Act, the Stamp Act, and the Acts
for imposing new Customs duties. He was ready to confess that
he regarded the first of these measures with a very unsettled state
of mind, and he could not envy those gentlemen who professed to
deal with the matter without doubt or hesitation. What they
called vigorous treatment, he took the liberty of calling reckless-
ness. He was sufficiently imbued with the traditions of the past
1 82 Speeches.
to make him fearful of touching any of the guarantees of personal
liberty established by the common law and the jurisprudence of
England. And the novel character of this measure — its fierce
spirit and desolating provisions — awakened in his mind many
reflections at war with his strong desire to support the Bill. It
never entered into his imagination that such a measure would
be considered on party grounds. On the contrary, he thought
that if there ever was an occasion when it would be open to
members of a deliberative body to act on their convictions as they
might be modified by fuller consideration or larger information on
the subject, such a measure as the one proposed afi"orded that occa-
sion. He voted for the second reading of this Bill from an
unwillingness to throw obstacles in the way of a Government
charged with the responsibility of suppressing the monstrous evil
of bushranging. After a careful examination of the arguments
adduced against it and a reconsideration of the whole subject, he
felt constrained to vote against the third reading, however much
his course might subject him to attack, from a conviction that we
were not justified in violating principles of high moment for the
sake of an object that could not with any certainty be accom-
plished by the terrible provisions of that Bill. He maintained that
the result had fully justified the doubts entertained by himself and
others. There was no proof that this sanguinary Act had done
anything whatsoever in the suppression of bushranging. Ben Hall
and Gilbert were both shot in pursuance of the ordinary operations
of the police laws before either of them had been outlawed under this
Act, and Dunn was still at large, and of course harboured notwith-
standing the frightfully penal clauses against harbourers. No
doubt, thoughtless people would say that bushranging had been put
down by this measure, but the facts when examined spoke for
themselves ; and if they were to admit the statement as true it
would prove too much, — that the Government had asked to be armed
with this extraordinary and un-English measure to enable them
to get rid of two men. He next came to the Stamp Act, of which
perhaps they had heard. It had been told everywhere and there-
fore the people of this district must be aware of the circumstance
that the Government were next door to a dead-lock for want of
money. When the Treasurer came down with his budget he was
in a plight very much resembling that of a schoolboy who has got
into a predicament where he is forced to disclose something very
Public Affairs in 1865. 183
bad of himself. As the words came out of his lips the tears were
all but coming down from his eyes, and he told the House with
fear and trembling that he did not know what to do for money.
There were many others in the same bad way it was to be
feared. Well, as the Government must have more revenue, he
voted for the plan they proposed for raising it by a system of stamp
duties. It was right that the electors should know that in these
money-measures the Assembly must either accept or reject the
proposals of the Crown. Members could not substitute financial
notions of their own for those of the Minister, and thus when the
Minister told them that the public credit was at stake in their
measures a great responsibility was cast on the Legislature. He
did not much approve of this system of stamp duties. He feared it
would be found very vexatious in its working and he expressed
himself to that eflfect at the time, but he voted for the Bill from the
case of necessity put forth in its support and he was there to take
his full share of responsibility in assenting to it. There were some
considerations too which induced him to assent to the Stamp
Act on its merits. The public burdens hitherto had fallen very
unequally on the different classes of society. The possessor
of large properties and the man who only possessed a tobacco-
pipe and pannikin paid the same rate of taxes, which was
not just; and these stamp duties, objectionable as they were in
many respects, would certainly fall principally on the classes
identified with property. Still, upon mature consideration of
the subject, he thought a system of stamp taxes was not
suited to the circumstances of a new country, and the sooner a
better system was substituted for it the better for all. But some-
thing else came after the Stamp Act. That wonderful financier,
Mr. Smart, had a wonderful way of doing business. One
morning when he thought the session was drawing to a close,
he read in the newspapers that Mr. Smart was about to
come down again upon us with a second budget. Two budgets in
three months was enough to frighten us from our propriety.
And sure enough Mr. Smart came down with two new Bills for
imposing more burdens. He again pulled a long face and said he
thought he had enough, but he found he had not. The first dip
into the people's pockets was unsatisfactory, and he must dip
again. We then had the famous Package Bill, which in its first
inception imposed an equal duty on all packages of goods coming
184 speeches.
into the country, whether a case of gooseberries or onions from
Tasmania, or a case of gold watches or silks from England or
France. But the greengrocers rose up as one man, and the
fruiterers moved in deputation upon the Treasury. It was repre-
sented that the gooseberries coming in one day would spoil before
the Customs could be moved to permit their landing on the
second, and the great gooseberry interest was too much for the
Minister. The Government could not stand up against a cargo
of rotten fruit and vegetables, and so gooseberries and other
articles of colonial produce were exempted from the operation of
the Bill. But the Package Act as it now stood levied the same
amount of duty on a parcel worth ten shillings as it did on a
parcel worth £500. Then there was another Bill for increasing
the duty on all articles then dutiable. He had from first to
last opposed both these Bills. He based his opposition on
the ground that this bit-by-bit plan of submitting the financial
measures of a Government was foreign to the parliamentary
practice of England, and ought not to be tolerated. But if this
objection had not existed he should have opposed these measures
on their merits, as about the rudest and clumsiest ever devised by
any Government. He should now with their permission say a
few words on the present state of things, and the public questions
presenting themselves for consideration in the future. The
present condition of the colony demanded an earnest and honest
investigation of the causes of the prevailing depression. And this
was clearly the duty of the politician. Men who undertook the
responsibility of interfering with the public interests beyond the
province of the ordinary duties of the citizen were clearly bound
to free themselves as much as possible from prejudice, to close
their eyes to consequences affecting their own individual
interest, and to endeavour to bring whatever ability they
possessed to bear faithfully on all questions which they had
power to influence. But at a season of popular discontent like
the present, when it was felt on all hands that the aftairs of the
State were seriously disordered and the forces which were avail-
able for giving us strength as a community were in a large
measure misused or lost, it specially behoved public men to do
their utmost in justice to themselves and to the public to discover
why we are passing through this period of unnatural adversity,
and then endeavour to supply the natural remedies. How was
Public Affairs in 1865. 185
it that 400,000 people of British origin, in free possession of a
territory capable of sustaining a population of 40,000,000, and in
a land abundantly blessed with all the natural elements of wealth,
were nevertheless in a condition of commercial stagnation and
suffering, in some respects positively worse than that superinduced
by the accumulated mismanagement and improvidence of ages in
older countries 'i This could not be the normal state of things.
The colony had suffered heavily of late years from the visitations
of Providence ; but neither failing crops nor floods nor droughts
were sufficient to account for the long-prevailing depression that
spared no branch of industry and seemed to afflict the most valu-
able classes with the greatest severity. In this working-day world
of ours the most valuable thing — and viewed in its true light the
most honourable thing — was human labour; and in a new country
this precious attribute of man which dimly reflected Divinity
itself in its creative power, ought to find endless employment.
One could not travel through any district of this colony without
seeing a thousand things which required to be improved by human
labour. No man possessed houses or land which would not be
rendered more valuable if more labour were expended upon them.
No man occupied any position which subjected the forces of
nature in any degree to his control who would not be able to
improve that position if he had more labour to assist him in his
operations. And yet the fact could not be explained away that in
this rich and extensive country, occupied by a handful of popula-
tion, and where of all precious things labour was the most
precious, and of all the things wanted labour was most
wanted, there were men willing and able to work who had great
difficulty in finding employment. This was one of the strange and
startling facts of the present time. Could it be that there were
too many industrious men in the country — that we had too much
of what we most wanted 1 No man not very ignorant nor
absolutely insane would say that such was the cause. The cause
was to be found in the defective nature of our industrial
machinery and our economical agencies. In every occupation of
life our energies were impelled by a too speculative spirit, and the
idea of permanency had not sufficient hold of the mind. Our
aims were too extravagant and our efforts in consequence
were to a great extent spasmodic and self-exhaustive. A
colonising population had a natural tendency to waste its
1 86 Speeches.
strength ia this direction, constantly striving to grasp too much
and constantly missing the true end of all exertion — that secure
possession of a sufficiency of earth's blessings which, tempered by
repose and enjoyment, constitutes happiness. Everywhere we
might see objects commemorative of this waste of life; houses
built in inaccesssible situations, works begun to remain unfinished,
traces of enterprises that started to life on the wildest calcula-
tions and failed. These ideas of extravagance and this misdirection
of energy infected the Government as well as the people, and the
consequence was that in proportion to these fruitless efforts the
productive power of the community was lost. If we could not
find employment for all our able-bodied men at the present time, it
was that we had not properly employed them in times past.
Human labour rightly directed would multiply the demands for
its continued exercise. But the Government was not free from
blame in our misfortune. An enormous public debt had been
created, the interest of which was draining the life-blood away
from us, and the money thus raised had in too many instances
been lavishly and wastefuUy expended. Scores of examples might
be given where this had undeniably been done. At the present
time they were pulling down the building used as the General
Post Office in Sydney. Only a few years ago a large sum was
expended in the erection of an ornamental front to that building,
and not more than three or four years ago a new Telegraph Office
was built adjoining to it, with a great deal of ornamentation in
front. All of this was sold the other day for a mere song — less
than the price of the stones. Surely the Government might have
looked ahead three or four years and saved the country some of
this expenditure. This was only one instance out of a hundred.
He would take another of quite a different kind, and one close to
their own doors ; he meant the harbour works at Kiama. He
believed a very large sum of money had been thrown away upon
those works, and that the works when completed would not be of
so much value to the place as a far less costly work might
be, while the less costly work would have been completed long
ago and the inhabitants now enjoying the benefit of it. The evil
did not stop with the wasteful outlay of public money. All the
labour which had been thus wastefully consumed if it had been
directed to productive pursuits would have added to the riches of
the country instead of making it poorer. In like manner every
Public Affairs in 1865. 187
policeman and every Government clerk taken into the public
service beyond what was clearly necessary was not only a wasteful
drain on the revenue, but an abstraction of so much muscle and
sinew from our producing power. The business of men in a
colony was to colonise. The sudden acquisition of political power
in this country had produced one enormous mischief — it had
deadened our love of hard work. In other words it had done
something to weaken the spirit of self-dependence among the people,
and there were now too many eyes in all ranks of life turned in
the direction of the public service. It was said by English
economists that the army and navy were kept up to a war-footing
for the purpose of finding employment for the younger branches of
the governing families. In these Australian colonies there was
already too much reason to fear that the Government departments
would be unduly extended for the purpose of finding employment
for the friends of members of Parliament and leading politicians.
We were in great danger of being too much governed. The male
adults of our population could not be more than one-third, and
130,000 or 140,000 men could not endure many thousands of rulers.
Somebody must do the work necessary to keep us together as a
community, for we should not keep together long if we were all
Ministers of State, police magistrates, clerks and policemen. Those
classes who went on doing the work would act wisely by seeing
that there were not too many set over them to keep order whilst
they did it. He had admitted that there was a want of employ-
ment partially felt at the present time, and yet he contended that
we wanted nothing so much as an increase of population. The
general force of circumstances in a young country always tended
to precipitate population on the capital. Dislike of the rough
solitude of the interior, not less than love of the bustle and popular
excitement of city life, helped to crowd the city, and the chances
were more frequent than in old countries for persons of limited
means to gratify their desire of gain by embarking in branches of
business which only flourished in thick populations. The goldfields
in our case had aggravated these tendencies, and nothing but a
steady stream of new^ population would rectify the social derange-
ments that now existed, to say nothing of that sustained growth
of people which was necessary for the progressive development of
our resources and our gradual elevation into a nation. Immigra-
tion was the life-blood of a young country. But this immigration,
1 88 Speeches.
if promoted at the public expense, ought to be placed under con-
ditions consistent with the welfare of the immigrants themselves
as well as with the interest of those already settled in the country,
and ought to be regulated with sufficient wisdom and foresight not
to cause " gluts in the market," if he might employ such words on
such a subject. And something more than this was wanted. The
greatest care possible should be taken to see that the immigrants
were of a class likely to succeed in colonial life. The present
system so far as it went secured in some measure the first of these
conditions, but it certainly gave no guarantee that the immigrants
would be the kind of persons best suited to the work of colonisa-
tion. Now if they turned their eyes to other British colonies,
they would see that matters were managed better than with us. In
Canada for example some 20,000 immigrants were received in 1863.
Of these between 7000 and 8000 were male adults ; and this number
of men are thus classified in the public returns : — 2198 farmers,
3147 labourers, 2098 mechanics, 10 professional men, 28 domestic
servants, and 203 clerks and traders. These figures gave us the
thews and sinews of a colonial population. The nationality of
these 20,000 new comers was stated to be as follows : — 4830
English, 5508 Irish, 3949 Scotch, 3047 Germans, and 2085 natives
of other countries. So far as we could form an opinion from a
statistical view of the question this was a healthy stream of
immigrants, in which the principal colonising nations of the old
world were fairly represented, and of which the great producing
ranks of society constituted nearly the whole. He was in favour
of an entire revision of our system which should embrace the
selection by our own agents of such persons from the agricultural
class and the useful trades of the three kingdoms as could find a
portion of their passage-money. He entertained no doubt what-
ever that a sufficient number of the very pick of the United
Kingdom might be found to absorb our immigration grants, and
men who by supplementing those grants from their own resources
would make the money go much further. And who could doubt
but that if we had a steady influx of population of this character
the beneficial efiect would soon be felt in the increase of the pro-
ducing classes of the country and the general progress of settle-
ment? At present we had too large a proportion of the popula-
tion cooped up in Sydney and the other large towns, trying to live
by any means rather than productive employment. Who could
Public Affairs in 1865. 189
doubt that if the large tracts of fertile land on the Murray which
would be open to free selection in January next were all taken up by
new comers, the colony in all the elements of material prosperity
would be vastly benefited by this increase of its population '? This
brought him to the land question. The pastoral tenants of the
Crown were striving hard to obtain a firmer hold of the public
lands. They were now powerful in the Legislature, they were
powerful by the advocacy of one portion of the press, and they
were powerful by the support of the banks and the other great
monetary institutions of the country. No doubt they would fight
a desperate battle, for the prize to be contended for was magni-
ficent in its magnitude. He denied entertaining the slightest
enmity towards this great interest, and he had many personal
friends among the squatters ; but he had no hesitation in saying
that they occupied a position so peculiar, in which the interests of
individuals were so obviously opposed to the interests of the public
at large, that they required to be watched with the utmost jealousy
and vigilance. When their claims were again put forth, as no
doubt they would be, he for one should keep his eyes on the other
interests of the colony which had few advocates, as he knew the
squatters would be sufficiently cared for by the powerful support
which they were able to command. What we had to do in their
case was not to grant them more protection, but to guard the
general community against their attempts at infringement. He
was prepared to support in their integrity the Land Acts framed
by Mr. Kobertson, and passed into law under the auspices of that
Minister — at least for a period sufficient to give the system they
embraced a fair and intelligent trial. He did not look upon the
Acts as perfect pieces of legislation, and very possibly a system
might yet be introduced which would tend to promote the settlement
of the country more satisfactorily and rapidly, which ought to be
the great end of all legislation on the land question; and he wag
inclined to think a measure of the character of the Homestead Act
of the United States would be a great improvement. But the
Land Acts of Mr. Robertson were in force, and the system had
already produced the most hopeful results. He fully shared in
the public gratitude that was felt towards that Minister for the
beneficial policy he had introduced, and if any attempt were made
in the ensuing session to interfere with that policy he should be
found its consistent supporter. He felt that he was addressing
1 90 speeches.
men who took a higher view of the duties and responsibilities of
a member of Parliament than to regard him as a mere delegate to
attend to their local wants. Though he was returned to Parlia-
ment by the district of Kiama, he had to assist in passing laws
for the whole people of New South Wales, equally for the
residents at Wagga Wagga and in the city of Sydney as for his
own electoral district, and he could not consent to be sent into
Parliament on any condition subversive of this national character
of the trust reposed in him. He knew that the intelligent men
of this district understood and appreciated this as well as he did
himself. If his conduct in this capacity, independently pursued
according to his own judgment, and by an honest use of what
little knowledge and ability he possessed, was acceptable to them,
and secured to him the continuance of their confidence, he should
esteem it a great honour, and should endeavour to show his sense
of it by a faithful discharge of his public duties. The post of a
representative could not be held with honour on any lower
conditions.
THE WORKING OP FREE INSTITU
TIONS.
SPEECH
Delivered at a public dinner given by the electors of Kiama,
August 15th 1865.
Mr. Parkes said : He could not profess inability to find words
to convey to them his sense of the warm and generous manner in
which they had drunk his health, because the simplest words
would be the best to express his feelings on such an occasion.
He knew this gathering represented the district. He saw many
gentlemen around him who from their character and intelligence
enjoyed largely the respect of their neighbours, and who at con-
siderable inconvenience to themselves had come many miles to be
there that evening, and he felt very sensibly the high compliment
paid him in making his visit to the district the occasion of this
representative gathering. But he was not vain enough to assume
that any personal consequence attached to himself in this move-
ment in this quiet community. He believed the independent men
of this happy and prosperous district had made his visit the
occasion for celebrating in this true British fashion their adherence
to the progress of liberal principles. That was a phrase often on
the lips of public speakers, and it was used so vaguely that it often
meant almost anything and sometimes nothing at all. But a great
master had lately taken upon himself to define what was under-
stood by " liberal principles," Some three months ago Mr.
Gladstone had defined liberal principles to mean '* the principle
of trust in the people, only relieved by prudence," and the
opposite to it as " mistrust in the people, only relieved by
fear." He accepted this definition, and he asked their attention
for a few minutes to a brief review of the last nine years
to see what the success of liberal principles had done
for this colony. It had multiplied the fields of industry, it
192 Speeches.
had spread intelligence, it had increased the comforts of the
homes of the people, and in every condition of life it had largely-
added to the conveniences and the elevating influences of society.
What man was there amongst them who thoroughly knew the state
of things under the old system of G-overnment, when we possessed
none of the parliamentary privileges of freemen, who would not
admit that the country had been greatly benefited in all that
related to our social condition by the introduction of Responsible
Government? But let them examine the Statute-book of the
colony and see what the actual legislation had been since they had
enjoyed the privileges of governing themselves. They had planted
municipal institutions among the people, securely rooted and with
prosperous growth. The powers of local management thus
extended among the people had been zealously and beneficially
exercised, and while innumerable public improvements had been
carried out successfully, the available talent of the different
districts had been trained and accustomed to the duties of self-
government. They had passed Acts for opening the public lands,
and promoting the settlement of an agricultural population in their
vast interior, and let any unbiassed mind institute a comparison
between the results of their present land policy and the state of
things which previously existed, and it would be seen at once how
great an improvement had taken place, and how hopeful were our
prospects for the future. We had effected a great change in the
electoral law of the country, conferring the right of the suffrage
on all men of whatever condition of life who were settled amongst
us. Many other measures wisely conceived, and sound and liberal
in their scope and tendency, had been passed by the legislature.
And let it be admitted for the sake of argument that we had been
too precipitate in some of these Acts, and had gone too far in our
liberal tendencies. Could it be reasonably expected that we
should commit no blunders in the great task of governing our-
selves, to which we were so suddenly called, and for which in a
great measure we were so unprepared? Was it reasonable to
expect us to do better than the great people in the old country ?
Coming into possession of our political birthright so suddenly,
after so long a period of disfranchisement, with all the powers
of Government conferred upon us as it were in a day, and with
our new Legislature necessarily composed of men for the most part
little accustomed to employ their minds on questions of Govern-
Working of Free Institutions. 193
ment and subjects of State policy, it was a matter of surprise that
we had committed so few blunders, had manifested so much wis-
dom, and had so clearly comprehended the course of public duty.
But how stood the case in comparison with the political state of
things in the mother country 1 Our elections were free from the
disorders and riots, and untainted by the bribery and intimidation,
which unfortunately still disgrace Parliamentary elections in
England, and when the fastidious political moralists of the House
of Commons — Mr. Lowe and his sympathisers — pointed with
affected scorn at us, they should recollect the flimsy glass-houses
in which they live themselves. From what he had said on other
occasions during his visit to Kiama they would not understand
him to approve of all that had been done in working out the free
institutions. On the contrary, he freely granted that, in his
judgment, many mistakes had been committed, much had been
done which might have been more wisely left undone, and much
public mischief had arisen as a consequence ; but he maintained
that the general result was a great success such as ought to make
them prize the blessings of the political liberty they enjoyed, and
that ought to invigorate their efforts to improve their institutions
and consolidate them on a sound liberal basis, as the best means of
ensuring the happiness and prosperity of their country. People of
a British origin, in whatever clime they live, must be free to be
prosperous. If in the course he had taken during the last few
years his humble efforts had contributed to the great end he had
feebly sketched as the one to which the exertions of all ought to
be directed, he should be amply rewarded by being permitted to
hope that year by year they would make a nearer and still nearer
approach to the great end of • enlightened government — human
happiness. As their representative in Parliament he should
endeavour, by bringing what little knowledge he possessed to
bear on the public business, by exercising his judgment with inde-
pendence, and by acting fearlessly in the course he believed
he ought to take — he should steadily endeavour to advance the
cause of true liberalism in this country, not being ashamed
to retrace his steps when he found himself in error nor afraid
to meet popular displeasure when he believed himself to be
right. He had great faith in the judgment of the popular mind
as ultimately pronounced, but he was fully alive to the broad fact
that popular opinion often erred and often committed acts of tem-
194 Speeches.
porary injustice. Edmund Burke was rejected by the people;
Lord Macaulay was rejected by the people; and, still later, Richard
Cobden was rejected by the people whom he had served so well.
But in all such cases the people, when they came to understand
the error they had committed, were eager to make a generous
atonement. Lord Macaulay was carried back to Parliament by
the repentant electors of Edinburgh with a unanimous triumph ;
and Mr. Cobden, who had availed himself of his release from the
labours of public life to recruit his health in a foreign country,
returned to find, as he planted his foot on his native soil, that he
was again a member of Parliament and a Cabinet Minister. But
in one respect affecting men engaged in political life, popular
opinion was an inexorable taskmaster — it was never satisfied with
the past. Men engaged in literature might safely rest on their
reputation if they succeeded in producing one great book, and
happy it would be for the fame of most authors if they were so
content to rest. In like manner the successful soldier might rest
on his laurels, if good fortune favoured his rest, and still enjoy an
undiminished fame. So also might the competitors in the other
great walks of intellectual activity. But year after year the
public demanded from the prominent politician renewed pledges
for their continued confidence, and if as time wore away and his
strength became impaired he relaxed in his exertions, they only
remembered his former services to point the sharpness of their
rebuke of his present inactivity. For the active politician to stop
in his career was to commit political suicide. He was fully sensible
of the hard conditions of the life he had entered upon as their
representative, and he did not shrink from the consequences. It
might be that he should consider it his duty to take a public course
which would subject him to their disapproval; but should the time
unfortunately arrive when he might lose their political support, he
hoped the independence of his conduct would still entitle him to
their respect. He desired above all things that in matters of this
kind they should all exercise their own independent j udgment on his
conduct. He should never shrink from any public scrutiny ; all he
asked was that he might be treated justly, and that a fair interpre-
tation might be put upon his public acts. One word on the state of
things in which he should be soon called upon to take an active part.
They would recollect that when they did him the honour of first
electing him last year, the Government was in the hands of gentle-
Working of Free Institutions. 195
men* who were now safely removed from power. He had contri-
buted his efforts to remove those gentlemen from the seats of
government. Their Administration was now a thing of the past
and might be referred to somewhat in the light of history, and
certainly he had no wish to speak harshly of any of those gentle-
men. He was ready to admit that in his judgment their intentions
were in the main honest, but from first to last in their Adminis-
tration they displayed an utter inability to comprehend the
conditions of power — a lamentable want of a true understanding
of the interests of the country and the character and genius of the
people. This was the only title of men to govern a free country,
and this thorough understanding of the nation was the secret of
the eminent success of Lord Palmerston. Well, another Govern-
mentt had been formed under circumstances favourable to the
construction of a vigorous Administration. But was the country
satisfied — ought it to be satisfied with what had been done 1 He
believed the present holders of office, when Parliament reassembled,
would have to take a course very different from the course pursued
hitherto, and would have to produce measures very different from
their measures of last session, to prove to the satisfaction of the
Legislative Assembly and the country their capacity to deal with
the difficulties of the time. He should be prepared, however, to
give a fair support to the present Administration, hoping that their
conduct of affairs would justify the continuance of his support, and
he acknowledged that he should not hesitate to strain a little rather
than risk the possible chance of a return to office of such states-
men as Mr Geoffrey Eager. So far as he was concerned, he desired
no higher position than being the freely chosen representative of
one of the happiest and most intelligent constituencies in the colony.
He felt no small degree of satisfaction in the circumstances giving
a distinctive character to this representation. The two gentlemen
now near him, who formerly represented Kiama, were both men
of such personal qualities as made it an honour to be their succes-
sor. Their excellent friend in the chair (Mr. John Marks) had
brought the weight of a very high character and no mean ability
to bear on the business of legislation, and Mr. Gray was the son
of one of their oldest and most respected residents, had grown
up amongst them in their esteem and confidence, and was unquest-
* The first Martin Administration.
t The Ministry formed by Mr. Cowper in January, 1866.
o 2
iQ^ Speeches.
ionably a gentleman of ability. He was afraid there were con-
stituencies which from caprice or some other cause had elected
members whom it would be no very attractive distinction to
succeed. He was proud of his constituents, and he hoped he
should be able to pursue a course which would make them not
ashamed of the association of his name as their member. He
hoped he should be privileged to contribute in some limited
degree to a course of political life in the country which would
preserve the purity and increase the stability of their institutions,
promote the cause of popular instruction and intelligence, and tend
to the permanent prosperity of all classes and their gradual eleva-
tion into a great and happy nation.
Al) YALOEEM DUTIES.
SUBSTANCE OF SPEECH
Delivered in the Legislative Assembly, December 20th, 1865, on the motion
submitted by Mr. Cowper to impose a duty of 5 per cent, ad valorem
on imports.
Mr. Paekes said that when the hon. Chief Secretary submitted
his resolution, amidst the rather noisy cheers of the House, he
thought the hon. gentleman must have felt rather uncomfortable.
At all events there were heard most distinctly amidst those loud
cheers two separate sets of voices. There were the cheers of self-
gratulation and rather pardonable exultation on the Opposition
side of the House, amongst the late Ministry and their friends,
who had succeeded in imposing their protectionist views on this
Free-trade Government ; and there were the insolent cheers of an
unintelligent triumph on the other side — the triumph of the
successful double-dealing and manoeuvre of their slippery chief. But
this kind of thing was only a thing of the hour, and there would
come a sober time of reckoning even if they were successful to-night.
If he could have been induced by any considerations, in view of some-
thing less desirable that might be substituted, to have given his
vote for doubling the tea and sugar duties, he certainly should have
been prepared to have voted for doubling those duties rather than
for the proposition that had been made to-night. But he certainly
could never have been induced to do that, because it did not follow
that if this thing was intolerable we should accept something that
was scarcely less tolerable. He did not wish to misstate the
arguments that had been urged either for or against the proposition ;
he did not wish to mislead the sense of the committee. He was
fully aware that the arguments, whatever they might be worth,
against the proposition submitted by Mr. Samuel, the hon. member
for Wellington, were based upon what were conceived to be an
inequality in the incidence of taxation. But quite a different
198 speeches.
class of arguments rose up against such a proposition as this.
Here we have a proposition for increasing the burdens of the
country in a manner that, even if it should be successful in raising
the trifling sum estimated, would carry with it derangement and
injury to the infant commerce of the country in all its branches.
Any interference with that very tender and important branch of
the public interest — the intercolonial commerce — was to be depre-
cated in the strongest possible terms. And all this was to be done for
the purpose of raising £130,000 ! Because, after listening with
the greatest attention to the hon. member for West Sydney (Mr.
Joseph), he was much more inclined to take that hon. gentleman's
estimate of the probable revenue from these new duties than that
of the Collector of Customs. Large deductions would have to be
made for the free list, and for the large amount of goods trans-shipped
to other parts of Australia ; and there would also be large deduc-
tions by reason of the system that now obtained of overvaluing
the imports, which of course would prevail no longer. He would
call attention to the remarkable speech by which this proposition was
submitted. A great deal was said to us about schemes of retrench-
ment, but these schemes were indicated in such dim phraseology,
and were propounded in such a hypothetical way, that scarcely any
hon. member could expect to see them carried out. Then there
was something said about an income tax. But how was it that
there was no promise of bringing in such a tax 1 All that was
said was that it might be desirable to see whether the House
would consider the propriety of giving their support to an income
tax. But there was no mistake whatever as to what the hon.
gentleman said about the ad valorem duties. They were submitted
all ready to be crammed down the throats of the people because
it was known that on the Opposition side of the House there were
certain gentlemen who could not do other than vote for these duties.
Did any hon. member believe for a moment that, if these ad
valorem duties were passed, there would be any great pains taken
to make reductions in the public service, or that any serious
attempt would be made to introduce an income tax 1 But we were
asked to swallow this nauseous dose of ad valorem duties, sur-
rounded as it was by a coating of promises of the most vague and
dim character. Were the committee prepared to accept these ad
valorem duties ? Let it never be forgotten that the whole of
the members who sat on the Government side of the House who
Ad Valorem Duties. 199
had seats in the late Parliament opposed the very same proposi-
tion as this when brought forward by the Martin Ministry. Let
it never be forgotten that the Free-trade Association movement was
based upon direct opposition to this kind of taxation ; and were
the hon. members who were returned under the auspices of that
Association prepared to support the Government in this proposal,
after having opposed their predecessors when proposing precisely
the same policy 1 If they would really do that, then farewell
to all consistency in public life in this country. Would either of
the hon. members (Mr. Caldwell or Mr. Neale) have been returned
for East Sydney if they had avowed to their constituents their
intention to vote for a 5 per cent, ad valorem duty 1 He was
perfectly satisfied that neither of those gentlemen would have
been elected upon that avowal. This scheme was brought
down by a Government that only twelve days ago introduced a
scheme of a precisely opposite character. Surely the hon. member
for Wellington did not continue to hold office as Colonial Treasurer
until his successor was appointed. He felt certain that the hon.
gentleman would never have thought of submitting such a scheme
as this. Was it right that he should sanction such downright
political profligacy as there was in the bare proposal of this
scheme ? What could be more profligate than to go before a
constituency professing one set of principles, and within twelve-
months after — without publishing any recantation — to support a
measure based on diametrically opposite principles 1 Could the
credit of the country be sustained by such legislation as this?
Confidence in the affairs of the country would be restored when
the affairs of the country were managed by men who recognised
political principles. He was at a loss to know how gentlemen
engaged in commerce could support this scheme. He had been
accused of having expressed views in favour of Protection, and
he would take this opportunity of making some remarks upon that
accusation. Whatever his views were six years ago, as
expressed in bringing up the report of the committee of
inquiry respecting the condition of the working classes, and
whatever interpretation had been put upon those views,
he still entertained them. He maintained that if there was
any new product or manufacture by the pursuits in connexion with
which a large number of persons would find employment and the
colony be largely benefited, the fostering of that product for a time
200 Speeches.
would be perfectly justifiable. These ad valorem duties would not
confer any benefit of that kind, but they would be a source of great
annoyance and loss to those who had embarked their capital in
commercial pursuits. Why should these gentlemen have every
£10 worth of their property subjected to the interference of
perhaps some drunken Custom-house officer % The duties would
not do any permanent or appreciable good whatever. Our inter-
colonial commerce was one of the most valuable things we had,
and this would be seriously damaged by the imposition of the pro-
posed duties, for it would be impossible to obtain drawbacks on
many articles. By far the greater portion of this trade was made
up of broken packages. With the existing competition a large
amount of trade was carried on at a profit of not more than 5
per cent., and under these proposed duties the importer would have
to sink an amount of duty equal to the profits on his trade. The
result therefore would be that the trade of this infant city would
be destroyed. He maintained that to raise revenue in this way
would be madness. The statesmen of England, before introducing
any new measures of taxation, first considered what effect they
would have upon the commerce and prosperity of the country.
It was not simply how they could raise revenue that they con-
sidered. They knew that even if they raised millions of money
but inflicted an irremediable injury on the country, no amount of
money would compensate for the wrong. But here all at once
this monstrous measure was brought forward, and all considerations
of the trade and prosperity of the country were forgotten. He
could not believe that there was any necessity for this scheme.
We should not rise in the estimation of the people of the mother
country by these wild schemes. After seeing what the House did
last week, and what it would probably do to-night, they would
say that we were a Chamber of madmen. He voted against the
former propositions for reasons amply sufficient to his mind, and
he should vote against this also, but from entirely different reasons,
which yet to him were amply sufficient. He understood that at the
meeting of the private friends of the Premier some promise was
given or implied that along with the ad valorem duties there would
be a proposition for imposing direct taxation. He was also told
that it was understood that a small percentage of duty would be
proposed. But these were only specious delusions. Feeling so
strongly opposed as he did to the scheme, he could not move an
Ad Valorem Duties. 201
amendment with a view to any modification; and he should not feel
it his duty to raise his voice again if a majority of the committee
thought it their duty to agree to this scheme. He protested
against the proposed duties as unsound in themselves, and on
the ground that they were not justified by the necessities of the
time, but were calculated to inflict a greater injury on the country
than any revenue derived from them could possibly counter-
balance.
THE BOEDEE DISTRICTS.
[Mr. Parkes, then Colonial Secretary, being at the town of Yass,
received an invitation to visit Albury, which after some hesitation
was accepted. A deputation consisting of the Mayor and one of
the resident magistrates met Mr. Parkes with a carriage and pair
at Wagga Wagga, and drove him from that town, a distance of
,ninety miles, to Albury. At Eight Mile Creek he was met by an
escort of the townspeople, consisting of ten carriages and about
twenty horsemen, and conducted into Albury, then across the
Murray into the colony of Victoria, and back to the Exchange
Hotel. At three o'clock there was a general meeting of the
inhabitants at the Court House, when addresses of welcome were
presented to Mr. Parkes from the Municipal Cou'ncil, from the
inhabitants of the district, and from the German vine-growers.
The banks and places of business were closed on the day of Mr.
Parkes' arrival, and in the evening he was entertained at a public
dinner. The following was his reply to the first address.]
SPEECH
Delivered in reply to an address of welcome from the Municipal Council of
Albury, May 15th, 1866.
Mr. Parkes replied as follows : — Mr. Mayor, members of the
Municipal Council, and gentlemen. If I should fail to find
language sufiiciently adequate to express my sense of the very
warm reception you have accorded me, you must attribute it in
part to my little expectation of such a demonstration. I can only
return my kindest acknowledgments, and assure you I duly
appreciate the kind and generous feelings which dictated this
reception. On receiving this address from the municipal body
whom you have chosen to represent your interests, it will be most
convenient for me to reply at length on the several topics intro-
duced, instead of replying in detail to each of the other addresses
which I understand are to be presented. The same questions are
touched upon in the address from the people of Albury ; but I
am quite sure the citizens at large will take it in good part if I
The Border Districts. 203
reply to their municipal representatives. The great grievance
brought under my notice as a member of the Government — and I
admit it is a grievance — is the imposition of Customs duties on
colonial produce crossing the frontier. I call it a grievance,
because it certainly appears to me to be a result in the enforce-
ment of the law which is vexatious and oppressive. This is the
only grievance touched upon in the address which assumes a
constitutional character, and I think the people of Albury have
fair ground to stand upon in requesting its redress. You have
settled here, you have bought land, you have established house-
holds, you have converted the wilderness into a garden, you have
raised produce by your honest industry, and that produce has
found a market in a neighbouring colony — a much larger market
it appears than exists on this side of the boundary. It is impos-
sible to trace out the causes which operated to bring about this
result of which you complain ; but it is sufficient for me and for
the Government to know that you have found a market in a
colony subject to another Government, which Government
imposes a duty of 3s. per gallon on the main produce of
your district. I can easily see how destructive this must be
to your interests, and I repeat that the existence of such a
state of things is a great constitutional grievance. Bat I wish
to call your attention to the fact that this grievance does not
arise from any new action of our Government — that it is not a
special grievance arbitrarily imposed upon your district in par-
ticular. Certain Customs duties were established in each colony,
chiefly with a view to obtaining revenue from the commerce of the
seas. Probably not a thought of the effect of these duties upon
land boundaries was entertained when the tariffs were under
discussion. But when these duties came into force they were in
time found to operate in unforeseen quarters in a way that was
not anticipated. One duty cannot be levied in Melbourne and
another in Belvoir, and the question arises, in what way can the
remedy be applied? The Constitution Act, which gives us
the right of dealing with our lands and revenues, imposes the
obligation that we shall not do anything at variance with the
legislation of the parent country, which, as you are aware,
prohibits differential duties. Therefore no power exists to relieve
you by a lighter and exceptional duty, but the Constitution Act
in no way prevents us from entering into an arrangement with
204 speeches.
Victoria to allow colonial produce to pass the border free of duty.
As a colonist I say we should at once enter into such an arrange-
ment, and as a Minister of the Crown I will use whatever
abilities I possess to represent this matter fully and fairly,
both at Melbourne and to my colleagues and to the Legislature.
As regards the Circuit Court, I am inclined to think the
Supreme Court should be carried to every important district.
This sentiment I did not come here to express. I expressed it
years ago in a very different place. I was not favourable to
establishing the District Courts, because I could not see how there
can be two qualities — a first quality and a second quality — of
justice. I was inclined to think, and think still, that the
wiser course would be to carry the superior Court to every
district in the colony. No pains and no cost should be spared
by any Government to secure the completest administration
of justice, and to obtain the services of the ablest men for the
judicial bench. I will not say I will go back to Sydney and
immediately take steps to procure the opening of a Circuit
Court in your district ; but I say your claim is a fair one, and if
you persist in it I have no doubt it will be recognised. As
regards an amended Municipalities Act, I may say it is the
intention of the Government to introduce a Bill for the better
government of municipalities. This will be not a mere amending
Bill, but a comprehensive measure of reform.
[Some other matters of merely local interest mentioned in the
address were referred to, and Mr. Parkes then proceeded.]
I have gone through the list of your grievances, and am glad to
find them so shadowy. There is only the one grand grievance, the
taxes on your produce. In coming to this district, although it
had attracted my attention for years, I was most agreeably
surprised. Had I not seen it I should never have known what a
glorious land you possess. Perhaps I may be pardoned if I say
that years ago, as a public journalist and as a Member of Parlia-
ment, I strongly supported your interests by advocating the
formation of a main trunk railway to the Border. At all stages
of that question I have never been silent, and I have always
urged that it was a grand mistake to undertake three lines simul-
taneously. Seeing that only 130,000 or 140,000 souls contribute
to the progress of the colony as producers, it appears enormously
burdensome to undertake three railways at once. It always
The Border Districts. 205
appeared to me best to concentrate all our energies on one main
line. But if I had known what a beautiful district extends
between Gundagai and Albury, so eminently designed to
sustain the industries of a thriving population, I should
have redoubled my efforts. Ever since I have taken an
interest in questions affecting the public, I have realised the
possibility that my influence might be felt in localities distant
from where I exercised it ; and I have therefore kept myself
perfectly untrammeled by local predilections. I have been bound
by the limits of no district ; I have known no sectionalism. I
have felt that a community cannot be too united, while its indus-
tries and its productions cannot be too varied or even too contrary
in many respects. Thus your vinegrowers are more favourably
situated by having extensive mineral and pastoral country in their
vicinity than they would be if the whole country was capable of
producing only the same thing. But our resources are so varied
and so extensive that we could almost exist without communica-
tion with the rest of the world. We are so capable of producing
corn in one place, wine in another, the raw materials for clothing
in another, minerals for the metal manufactures in another, that
we have a much greater chance of growing into a happy, pros-
perous, and great people than if the country was exclusively
mineral, exclusively pastoral, or exclusively agricultural. At
Sydney we have one of the finest harbours in the known world,
and when I look at the natural wealth of the interior, when I see
the fat of the land, I cannot but admit that the sterile tract of
country around Sydney seems designed especially to point out that
the produce must come down from the interior to employ the
shipping in that magnificent harbour. Sydney is all the better for
having this fine back country so productive of wealth ; and the
back country is all the better for having a rendezvous for com-
merce like Sydney. I am happy to find you apparently so pros-
perous. If I understand you rightly, you favour the view of still
belonging to the old colony, and I am glad of it. But I
say you must be justly dealt with. You are entitled to
have at least the amount of your land revenue spent upon
your roads and other improvements. For years past I have
been opposed to spending a single shilling of land revenue for
any other purpose. We are unworthy of the great country
from which we are sprung if we cannot support the civil govern-
2o6 Speeches.
ment of the country by taxing ourselves. The land is the
inheritance not only of the present people, but of future genera-
tions; and it is our duty to see that this inheritance is handed
down unimpaired and not unnecessarily encumbered. This can
only be done by laying out the produce of our land sales in
improving the country. I think an outlying district like this is
not only entitled to a fair share of the revenue, but something
more. We should do all in our power to make the inhabitants of
such districts feel that they are not separated in their affections
from the Government. Gentlemen, again I thank you for your
cordial welcome. I shall not fail to represent to my colleagues
what I have seen and heard, and I shall do so in the common
interests of the whole country. The Government has no object
in view superior to doing what is beneficial for the colony at
large. For my part, I should not value office if I could not do
something to raise my own reputation and character. I always
regard official position as a prominence which exposes a person to
the public gaze, and unless such person possess a fair share of
ability and that public confidence which integrity only inspires
be must fail, and the prominence to which he has attained will
only expose more glaringly his want of capacity. I would not hold
office a single day unless I felt I was capable of doing something
for the good of the country — unless I had resolved to know no
friend, no district, no sect, in carrying out my public duties.
SUBSTANCE OF SPEECH
Delivered at a public dinner given by the inhabitants of Albury,
May 15th, 1866.
Mr. Parkes said : It is the characteristic of the Anglo-Saxon
race to propagate the principles of freedom and progress wherever
their steps are planted. The great people of which we form
part had been designated by an eminent man, " the English-
speaking nation," as that people is now rooted in every quarter
of the globe, carrying its institutions and its language to the
uttermost ends of the earth. One of the institutions of this
nation, and he believed a good one, was to be found in its public
dinners. This was a peculiar but a great institution, which often
The Border Duties. 207
produced results of the most beneficial character. It might be
that the banquet that evening would serve as a link to attach and
draw closer the older parts of the colony to the newer and more
distant. He ventured to express a hope that the trouble they had
taken and the pains they had gone to in procuring his attendance
would not be altogether fruitless. On one matter, he might state
that a week before he left Sydney he had a conversation with the
head of the Government, Mr. Marti^ (not knowing at that time
he himself was likely to visit Albury), on the subject of the appa-
rent greatest cause of their complaints — the Border Customs. His
colleague and learned friend then expressed his earnest desire to
have this important question satisfactorily settled, and on his
return to Sydney he trusted that he would be able to do something
to help in that direction. He saw that they stood on the borders
of a country, young comparatively, but destined to be great here-
after : they looked across a narrow stream to a younger country,
destined also to become great, and they naturally felt annoyance
and discontent that they could not convey their produce across
that narrow stream to the nearest market. The people here had
already designated their town the Border City, and it was scarcely
possible to estimate its future importance. It was quite
possible that it might become the seat of a Federal Govern-
ment, and might acquire a lasting eminence in Australian
history. When they looked around and saw the elements
of happiness and greatness they possessed, they might well be
pardoned for entertaining bright anticipations of the future.
He had been delighted with his journey to Albury. They had
supplied him with a comfortable carriage, good horses, very fair
horsemanship, agreeable companions, and he hoped the journey
would not only be one of pleasure but of instruction. He
had often wished to come so far to make himself acquainted with
the capabilities of the district and the characteristics of its
inhabitants; and he might say, now that he had met them, that
he had never seen a fairer country or a finer people. With regard
to what they required of Government, he feared he could not
promise everything. That Government was always the best
which interfered least with the interests of the several classes of
the population, and that session of Parliament was in the main
the best which passed the fewest laws, if those laws were only
good ones. A Government in a young country should interfere
2o8 Speeches.
as little as possible with the operations of industry, and avoid all
action savouring of a paternal and patronising Government ; the
very perfection of free and good government consisted in letting
people alone to do the best within the reach of their own
capabilities for themselves. They had an example of a paternal
Government in Russia, but that was not what was wanted here.
No doubt the Government of a colony like this had a highly-
responsible task to perform in the alienation of the lands. They
had cast upon them a duty in this respect very diflferent from that
of the Government in the mother country. There the alienation
of the land had taken place centuries ago, and he believed it was
a fact that in the island home of which they loved to speak with
so much delight the soil was in the hands of half a million of
persons, leaving twenty-six and a half millions without an inch of
land to call their own. Here the duty — and it was a solemn
duty — of alienating the lands required greater capacity for legis-
lation than was often demanded in the affairs of older countries.
Everything came from the land; it was the great element of
existence, and the task of alienating the virgin soil of a young
country was one of the highest that could be conceived. So far,
under Kesponsible Government, they had no cause to be ashamed
of their advance ; upon the whole the colony had become a better,
a happier, and a more cultivated community. But still there
was a great deal to be done, and, unless the constituencies did
their duty in sending proper representatives to Parliament, they
could not expect good government. They should set a high value
on the rights of citizenship, and return only honest and inde-
pendent representatives, otherwise government would cease to be
pure, sound, and vigorous. He should return to Sydney with a
lasting recollection of the district and its resources. If he should
ever be permitted to visit them again, he fully anticipated he
should be surprised by still greater manifestations of progress and
by a fuller development of the great advantages with which
Providence had so abundantly blessed them.
VISIT TO MUDGEE.
[In May 1866 Mr. Parkes received an invitation to visit the
district of Mudgee, but his engagements did not permit him to
make the journey until the beginning of July. On his arrival he
was enthusiastically received. He was entertained on the 3rd at
a public dinner by the principal residents of the district, and on
the following evening at a second public dinner by the working
classes. The following is the substance of speeches he delivered
at these entertainments.]
SUBSTANCE OF SPEECH
Delivered at a public dinner given by the magistrates and other residents
of Mudgee, July 3rd 1866.
Mr. Parkes said : I have read somewhere or other, though I
don't know where, of a blooming young maiden who had a
bashful deaf and dumb lover. A number of her associates who
had more experience than she, took her to task and asked her how
she could think of tolerating his addresses. She tried to write the
alphabet on the carpet with her toe, and at length simpered out,
" Joseph cannot express himself, but I am sure his intentions are
good." I must say that the position I hold this evening is very
similar to that of the deaf and dumb lover. I cannot express my
deep sense of the honour done me this evening by an assemblage
where the wealth and intelligence of the district are so worthily
represented. But if I cannot express myself, my " intentions are
good." And when I take into consideration that these cordial
greetings have not come alone from one section, but from the bulk
of the population, I think I may without exaggeration term my
visit a public triumph. I am not vain enough to assign this
cordial welcome to personal merit. I am not vain enough to attri-
bute it to any particular merit of the Administration to which I
have the honour to belong ; but I do attribute it to a cordial
feeling of love for established authority and the organisation of
210 Speeches.
Responsible Government as the embodiment of the will and power
of British people. I accept it as such, and I believe that the
present Government will to the best of its judgment and under-
standing advance the general interests of the country; that it
will do all that lies in its power to educate the rising generation,
and to encourage the settlement of the country with an industrious
and virtuous population. In coming into this fine district I can
hardly believe that there is any desire on your part that I should
visit your district merely to learn what are your particular local
wants, but rather that its capabilities and resources should be
thoroughly understood. You desire that your riches should be
known in other parts of the country, and by the Government of
the whole. I came here under the firm conviction that it is the
duty of rulers of such a country as this to try to understand its
various wants and capabilities. I did not come with the idea of
gratifying local advancement at the expense of the whole, but
to understand this one district as part of a whole country that I am
called upon to assist in governing. Though my visit is short, I hope
it will prove to be not wholly without instruction, and that I shall
go away with a more practical knowledge of the country, and
able to contribute more effectively and justly to the relief of
general wants. In the several districts of the colony the people
should learn to co-operate with each other; each class should
discriminatingly appreciate the importance of every other class,
each interest the importance of every other interest. It is
only by the union and harmony of industrial efforts that a
nation can hope to be sound-hearted and prosperous. Be the day
sooner or later, this colony will yet be a distinctive nation. We
have to-night drunk the health of Her Majesty. No man in the
colony has a stronger feeling of loyalty than I have, and to none
will I yield in my admiration of the illustrious qualities of our
Queen ; but as surely as the sun will rise to-morrow so sure am I
that ere long this colony will be a free and independent nation.
This is as clearly foreseen by British statesmen as any other of the
great political developments during the last fifty years were foreseen;
and when the event shall have become a matter of history, it will
be found that it is as much to the interest of England as to the
interest of the colonies themselves. But why do I foreshadow this
event while the population of the colony is not more than that of
Manchester or Glasgow 1 I refer to it because it should impress
Visit to Mudgee. 211
upon all those who have social and political influence the duty of
laying sure and deep the foundations of the future nation. It
devolves on all ministers to keep in view this great eventuality,
as in this regard their duties are not less lofty than those of
English statesmen; for, although the interests in the mother
country may be greater and more varied, still the path is more
broadly defined. We in a comparatively infant country have to
mark out our own pathway and to set up our own landmarks.
Therefore, although it may appear presumptuous, I would exhort
all, in whatever capacity, to do their utmost to bring together the
elements of a robust and independent national character. Do it
by finding out the best industrial appliances to develop our natural
sources of wealth. Contribute to education by all possible means,
and use every possible influence to give the best direction
to human energy. Let all do something towards forming a
state worthy of the mother country. Much has been said in
disparagement of our institutions. But it is in the nature of
things for individuals to underrate the advantages they see
under their own eyes. There has been much captious criticism
respecting the management of our afiairs. Now, could we only
turn up the records of the English Revolution, we should find that
the very same terms of abuse had been applied to the actors in that
great drama of history. Turn to the life of Washington, and we
should find that the patriot and statesman whom the universal
voice of posterity has assigned a place among the highest was
during his lifetime assailed by every species of calumny. I will
venture to say that more improvement has been spread through
the country and has permeated through all ranks of society since
the inauguration of Responsible Government than there did dur-
ing the whole period previous to its existence. I have now
been long enough in the country to speak definitely on this point.
I was here when the first representative form of Legislature was
established in 1843, and I have watched its course attentively
since, and the advances of the last ten years in moral and social
improvement supply an ample vindication of the wisdom of free
institutions. I shall leave the district of Mudgee fully impressed
with its importance. You know you have a land flowing with
milk and honey, and you are proud of it. I think you are all the
better for knowing this, and being determined to assert its import-
ance. But my advice to you is to endeavour to do what you want
p2
212 Speeches.
for yourselves. I find that my friend Mr. Dalley, whose silvery
laugh is easily detected, is inclined to put a different construction
upon my words to what I mean. I say, do what you want for your-
selves, and by this I mean, if you see anything you are entitled to,
do not sleep over your claims and rights. Agitate ! agitate !
Impress on the minds of the Government the justice of these
claims, and do not rest until you get it recognised. If you sleep,
you will never gain your object. It has been said by the wise
man of old, ^* Put not your trust in Princes ;" and I say, " Put
not your trust in Ministers." If you have a good cause, never
rest till you succeed. If you have a grievance, insist upon its.
redress. That is an Englishman's advice, and I give it to English-
men. I thank you for your kindness, and in return I wish you
prosperity. If you only understand aright the interests of the
country, you will find that there is no richer land under the sun.
Kegard it as your motherland, and cherish it with the affection of
brothers. Do this, and you will eventually make it the pride and
admiration of the civilised world.
SUBSTANCE OF SPEECH
Delivered at a public dinner given by tbe Working Classes of Mudgee,
August 4th, 1866.
Mr. Parkes said : I can assure you I hardly know what to say,
or how to acknowledge the proud distinction you have conferred
on me on this my first visit to your town and district. I believe
I am right in regarding this entertainment as emanating from the
great body of the people. I notice that in the public announce-
ment it is called the Working Men's Demonstration. If, therefore,
I address myself to that class, it must not be supposed that I
have any intention of slighting any other. I consider it a special
honour to-night, to be entertained in this sumptuous manner by
the class who support themselves by their daily labour. I am
willing to attribute it to anything but my own personal merit.
Still there is something in this entertainment of a peculiar
character. Yesterday I was entertained by the leading members
of your community, and I take this as a mark of extraordinary
distinction that it is made an object of emulation on the part of
Visit to Mudgee. 213
two sections of the community as to which shall honour me most.
I am sure I only interpret your feelings when I say it does not
arise out of any feeling of antagonism — that there is no class-
conflict in this rivalry of welcome. I have already said in a
public gathering in your town, and I say it again, that I fully
appreciate the value of the labouring classes in every English
community. I hold nothing more sacred or honourable than the
labour of an honest man. I hold that there is a divinity in hard
work. Just in proportion to a man's capacity for work does he
possess the control of the destinies of the world. A man who can
rise two or three hours before his fellows every morning will
ascend above the level of his fellows in the social scale. The
most illustrious of our fellow-countrymen, the statesmen who
by the magnitude of their performances and the profundity of
their wisdom made themselves not only objects of admiration
but authorities for all time, have on all occasions frankly and
eloquently acknowledged the value of the working-class as the
foundation of all other classes. It has only been shallow minds,
unable to comprehend the great producing power of society, that
have undervalued it. How could it be otherwise 1 Without that
class which Sir Robert Peel said was " the foundation of every
other class," neither the privileges of property nor the elegancies
of culture could exist. The working-classes of England may
justly boast that the most illustrious characters among poets,
statesmen, and the conquerors of the material elements of
the world, have sprang from them. A few generations ago a
new world was opened in America on British principles. It was
founded on the peaceful principles of industry and commerce.
Yet when a terrible time of war came it was found able to sustain
one of the most gigantic struggles ever known. One of the wisest
men among the founders of that great republic was a journeyman
printer — Benjamin Franklin. Again one of those conquerors of
space, who have made known to us rich divisions of the globe
which were unknown to our forefathers, went forth to discover
new lands, and among others he discovered that on which we now
stand. He was the son of a farm labourer — the illustrious James
Cook. In our own day, we have had a new era in the facilities of
locomotion ; wings have been given to civilised communities by
railway communication. This revolution has brought about
mighty changes in all the relations of society ; and who was the
214 Speeches.
pioneer of all this but a poor labouring man 1 — George Stephenson.
Without instancing other cases, have we not all seen in the labour-
ing-class their admirable thrift and common sense; the timely
intercession and delicate help of those who are continually assist-
ing each other 1 Look at the Lancashire co-operative scheme,
brought to its present state of perfection entirely by the wisdom
and foresight of working men. In Koch dale there is now estab-
lished an almost princely establishment, a benefit to four-fifths of
the whole population, and managed entirely by bands of artisans
— managed, I say, with judgment, integrity, and ability not
exceeded by any other class. No one need be ashamed of being a
working-man. It is the non-working man that needs to be
ashamed. If there is an unworthy object in the world it is the
non-working man — the man who rises late and consumes the day
heedlessly and unprofitably to himself, and who lays his head on
his pillow at night without the reflection of having performed
a single generous act or done one useful thing to lull him
to sleep. I am one of those who think that hard work is
necessary to give happiness. Some may inherit great wealth,
but they cannot be truly happy without hard work. Those who
have enjoyed the advantages of wealth have at varous times been
the hardest workers. Perhaps it is a condition of property and
honour that a man should work, for if we find a man of property
habitually idle, or a man in a place of distinction giving way to
self-indulgence, the chances are that he will pass away like the
grass of the fields. It is only by using opportunities that we can
hope to be happy ourselves, or confer happiness upon others. I hope
that my visit to this district will not be without some beneficial
effect. It is not for me to say too much, or make promises that I
may not be able to fulfil ; I can simply say that if it should be in
my power to serve your interests without sacrificing those of the
country, I will to my utmost do so. I have noticed several things
during my tour through the district, and you will pardon me for
referring to one of them. I cannot understand why the houses of
the poor men should have so few comforts about them. I should
like to see more attention paid to the small comforts of daily life.
I should like to see the cottages surrounded by small flower-
gardens ; to see trees planted and more attention paid to those
little natural elegancies which have so great an efiect in bringing
out the finer feelings. You live in a rich and fertile district ;
Visit to Mudgee. 215
there is none richer under the sun. You have a fruitful soil and a
healthy climate. Your condition of life is as free as possible.
Why, then, not endeavour to be as comfortable as possible 1 One
great defect of Australian habits is overlooking the common
advantages of daily life, without which it is but barren and to a
great extent miserable. Men only look to sleeping and feeding.
Life loses a great portion of its elevating influence unless the gifts
of Nature are cherished and enjoyed for the sake of beauty alone.
I have often thought it a great mistake to neglect small industries.
It is not quite wise to simply depend on growing wheat or potatoes
and the produce of a cow or a pig or two. A number of other
things might be introduced by which a man would make himself
more comfortable and respected. Instead of the unsightly bark
huts with little about them but broken bottles or old tin cans, we
might see pretty cottages from one end of the country to the other ;
and would not such a picture have a more elevating and refining
influence upon our children'? Better for them and better for
the parents ! Depend upon it that we are laying the foundations
of a nation, and whether it is to be one of first or inferior rank
rests with ourselves. We can't escape our destiny. We are the
forerunners of generations that shall be reckoned by millions of
dwellers in this splendid territory, and we need to look well to our
efibrts and their contributive influence in the formation of our
national character. Remember that you are all answerable for
good or bad government. Every man possesses the franchise, and
if Government is not what it ought to be the fault lies with your-
selves. You are the fountain-head of power. No Government or
Parliament which does not represent you could exist if you rightly
understood your own power. There is no hope for a country except
by an incorruptible exercise of the franchise. We may have an
incompetent Administration or a corrupt Parliament, but if the
constituencies were only pure they could not last for a single day.
If a country is corrupt in the exercise of the franchise it is impos-
sible to foretell the evil that may overtake it. The present
Administration is composed of men who are mostly well known,
and who for one reason or other have, I believe, enlisted the public
confidence on their side. I think I may say they have no desire
for power unless by its exercise they can be of advantage to you
and the country. For myself I can say that, whether I am a
member of a Government, or simply a member of Parliament, or a
2 1 6 speeches.
private citizen, I will ever labour so far as I can to promote the
education of the country and its settlement with happy homes. I
know of no higher duty before us than to devise some better means
of education. Situated as we are, with a widely scattered popula-
tion, it is incumbent on us to devise some measure for the exten-
sion of the means of education to every corner of the land. If
parents are not alive to their own responsibility and will allow
their children to grow up without any education, we cannot be
surprised if the fire in their young blood finds a vent, or
if, removed from the better influences of society, they turn out
offenders against law and swell the roll of bushrangers. To prevent
crime we must enlighten the people. Better have schoolmasters
than gaolers; better schools than gaols. The honours and dis-
tinctions of this country are open to all, and no man, however
hnmble his lot, may not hope for his son to attain the highest
position. There are no obstacles in the way of advancement ;
therefore hold fast by your institutions and transmit them to
your children as their proudest inheritance. I have seen your
district and enjoyed your hospitality, and I can only say that I
shall ever remember the cordial reception I have received, and will
do my best as far as I can to serve you.
PUBLIC EDUCATION IN 1866.
SPEECH
Delivered in tlie Legislative Assembly on moving the second reading of the
Public Schools Bill, September 12th, 1866.
On the Order of the Day being read by the Clerk,
Mr. Parkes rose and said : Mr. Speaker, I beg to move that
the Public Schools Bill be novr read a second time. The subject
to which I desire to invite the attention of the House is, as I
think it will be admitted on all hands, one of surpassing import-
ance. My best apology for undertaking to deal with it is that it
is no act of individual presumption on my part, but a duty that
devolves upon the office I hold. In . addressing myself to the
question, I am sincerely anxious to temper my own opinions with
the results of experience, and to meet the opinions of others with
consideration and respect. I am sensible of the many difficulties
that surround the question — that must surround it at all times —
and in view of those difficulties, the actual state of the country,
the necessities of the rising generation, and the duty incumbent
upon the Government to do something for the purpose of ex-
tending the means of instruction to those who now do not possess
them, I have undertaken this duty. I am equally sensible that I
shall not be enabled to deal with it in a manner that will be
satisfactory to myself or the public unless I am supported by the
attention of honourable members. The attention which might not
be due to myself is due to the subject under notice ; and I trust I
shall receive the indulgence of honourable members, though I may
be compelled to detain them at greater length than is my custom.
I think it will be advisable, before going to the immediate subject
with which we have to deal, to glance at the progress of education
during the last half-century in other parts of the world. Up to
the beginning of the present century education — what is known
by the term " Popidar Education" — had scarcely taken root in the
2 1 8 Speeches.
civilised world. In our own country, as we are all well aware, the
most barbarous laws existed. Men and women were tried for
their lives, and condemned to the forfeiture of their lives, for what
are now considered almost trivial offences ; men were hanged for
stealing a sheep, and young girls were hanged for stealing a few
yards of calico from a shopkeeper's counter. Yet, contemporaneous
with these savage laws, statesmen held the opinion that it was
dangerous to instruct the people of the country. That opinion
prevailed in the mother country until a comparatively recent period;
and even now I believe men in positions of authority are still of
opinion, though they do not often express it, that it is dangerous
to diffuse education too widely among the people. If it be really
a duty to educate the whole people of a state, I think it must
follow that that duty devolves upon the Government of the state.
There are, I am aware, men of very considerable influence in the
present day who, though strong and zealous advocates of education,
yet maintain that the Government, ought not to interfere in the
work, which should be left exclusively to individual exertion.
Now, unless it be admitted that it is the duty of the Government
to undertake this work of education, I feel that I shall have a
very poor cause to bring before the House ; and I prefer stating
the argument in support of the Government undertaking what is
called popular education, or in other words the education of the
whole people, upon some higher authority than my own. I shall
therefore trouble the House with the argument advanced by a man
whose name is an authority in all departments of knowledge, and
especially a weighty authority on this question of education. I
will read what Lord Macaulay urges to prove that it is the duty
of Government to educate the people. The short passage I am
about to quote contains the gist of his argument in support of the
view that this duty devolves upon the Government. Speaking
in support of resolutions submitted to the House of Commons, he
says : —
*' This, then, is my argument. It is the duty of Government to protect our
persons and property from danger. The gross ignorance of the common
people is a principal cause of danger to our persons and property. Therefore
it is the duty of the Government to take care that the common people shall
not be grossly ignorant. And what is the alternative? It is universally
allowed that, by some means, Government must protect our persons and
property. If you take away education, what means do you leave ? You
leave means such as only necessity can justify — means which inflict a fearful
Public Education in 1866. 2l<^
amount of pain, not only on the guilty but on the innocent who are
connected with the guilty. You leave guns and bayonets, stocks and
whipping-posts, treadmills, solitary cells, penal colonies, gibbets. See then
how the case stands. Here is an end which, as we all agree. Governments
are bound to attain. There are only two ways of attaining it. One of those
ways is by making men better, and wiser, and happier ; the other way is
by making them infamous and miserable. Can it be doubted which we
ought to prefer ? Is it not strange, is it not almost incredible, that pious
and benevolent men should gravely propound the doctrine that the magistrate
is bound to punish, and at the same time bound not to teach ? To me it
seems quite clear that whoever has a right to hang has a right to educate.
Can we think without shame and remorse that more than half of those
wretches who have been tied up at Newgate in our time might have been
living happily — that more than half of those who are now in our gaols might
have been enjoying liberty and using that liberty well — that such a hell on
earth as Norfolk Island need never have existed — if we had expended in
training honest men but a small part of what we have expended in hunting
and torturing rogues. I say, therefore, that the education of the people is
not only a means, but the best means of attaining that which all allow to
be a chief end of Government ; and if this be so, it passes my faculties to
understand how any man can gravely contend that Government has nothing
to do with the education of the people."
It seems to me that the argument thus briefly stated by this
celebrated man is conclusive that it is the right and the duty of
the Government to take in hand the education of the people. I
have just said that popular education belongs to the present
century. It is a reflection upon our great country that this cause
first took root and first spread its luminous power in other
countries of Europe — for instance, in Prussia, Holland, and in the
northern nations of Norway and Denmark. In the last-named
state, of which so little is known, it took root and diffused its
influence among the people at a much earlier date than in our own
country, and it has effected its work much more completely there
than in Great Britain up to the present day. In Denmark it may
be said that the whole of the children of the country are
instructed. As far back as 1817, the population being then
2,000,000, the pupils were 278,500 against some 300,000 children
at that age when children ordinarily go to school. So far back as
this, the proportion of uneducated children of the age at which
they usually go to school was exceedingly small. In Holland, as
we all know, one of the most complete systems, probably the most
complete system of popular education in the world, came into
existence at the beginning of this century, and has been making
steady progress up to the present day, till it has, as it were,
220 Speeches.
embraced the whole population. The state of education m that
country affords so much instruction to us, that I beg to be
permitted for a short time to bring it under the special notice of
honourable members. The largest portion of the population of
Holland are Calvinists, the next largest Catholics, and the next
Lutherans ; but throughout this century the children of all these
churches in Holland have been educated in the same schools. So
far back as the great education law of 1806, it was laid down
that all disputable points of doctrine should be avoided in educa-
tion, and that law and the famous education law adopted by
Prussia in 1819 have been spoken of by a distinguished French
philosopher as the noblest monuments of public education ever
raised in the world. Education there has been going on with
almost uninterrupted harmony among the different religious sects,
and indeed, instead of differences widening any breach between
these religious sects, a law was passed about three years ago
amending the education statute of 1806, so as to render the whole
of the education of Holland, both primary and secondary, of a
purely secular character. In 1806 the Government of the
Netherlands issued an address to the heads of the various religious
bodies inviting them to come forward and take upon themselves
the duty of imparting religious instruction to the children in the
^ schools, and stating in plain and distinct terms that the Govern-
ment intended especially to exclude religious education by the
teachers. They invited in this express manner the heads of the
various denominations to come forward and assist in the education
of the children by giving proper religious instruction. This invi-
tation from the Secretary of State, addressed to all the Synods of
the Reformed Church and to the prelates of the Roman Catholic
Church, runs thus : —
" The Secretaby of State for the Home Department.
" To all Synods of the Reformed Church, both Dutch and Walloon ; Consis-
tories of the Lutheran Church, Remonstrants and Mennonites, and
Prelates of the Roman Catholic Church.
" Gentlemen — The great importance which the Government attaches to
primary instruction in this Republic cannot have escaped your observation.
None of its duties are held by it in higher estimation. May the
improved establishments for education yield, under the divine blessing,
the fruits which they seem to promise ! They will arrest the progress of
immorality in our native land, and the pure principles of Christian and
social virtues will by their means be implanted and nurture x in the hearts
of future generations. It cannot be doubted that such at least is the most
Public Education in 1866. 221
ardent wish of Government, and its chief aim in the improvement of the
primary schools. In the decree of the 3rd of April last, concerning primary
schools, that intention is made manifest by the clearest evidence. The
school is not viewed as a means of conveying useful knowledge only, but
is established as a powerful auxiliary in the improvement of morals.
" Upon the same principle, the Government expects that you will give your
support and assistance to these educational establishments, and invites you
by the present communication to employ your powerful influence for that
end.
" There is one especial part of the education of the young in which the
Government claims your co-operation, namely, their instruction in the
doctrines of the different communions.
" You must be well aware that throughout the whole extent of our country
there has hitherto hardly existed a single school in which the master has
given a properly regulated religious education. Religious instruction in the
schools has gone no farther than to impress upon the memory of the children
and make them repeat the questions and answers in some catechism. There
was, however, no ground to expect more from the master, for several reasons.
Although the Government indulges the hope that the newly established
schools will lead to the salutary result, that a regularly organised system of
instruction in the Christian religion, in so far as concerns the historical parts,
and Christian morals, will be gradually introduced ; but in the present state
of things it does not consider itself entitled to impose an obligation upon the
masters to teach the doctrines of particular sects.
"If Government has thought it necessary on that account to separate
instruction in particular doctrines entirely from ordinary teaching in the
school, it does not attach less importance to the duty of providing that the
children shall not be deprived of that instruction ; and therefore, having
full confidence in your good dispositions to promote these salutary ends and
the welfare of the young. Government has considered that it could adopt no
measure more effective than to address the different ecclesiastical bodies in
this Republic, and to invite you, as I now do by this letter, to take upon
yourselves the whole religious instruction of the young, either by properly
arranged lessons in the catechism, or by any other means. I shall be glad
to learn what measures you may adopt — whether they are to be new, or the
revival of former methods.
*' As you will doubtless consider it important to communicate the contents
of this letter to the different ministers of the congregations within your
several jurisdictions, I request you to inform me what number of copies you
wish to have for that purpose ; and I conclude with commending you to the
protection of the Most High.
"(Signed) " Hend. Van Stralen."
Now the whole of the heads of the different religious denomi-
nations of Holland replied to this address of the Government by
undertaking the duty. I will quote one of these replies ; that
from the head of the Roman Catholic Church is in these terras : —
222 Speeches.
" Sir — In reply to your communication of tlie 30tli May last, which I had
the honour to receive on the 10th instant, I have the honour to state, that as
good schools cannot but produce the most desirable results in preparing the
young for the exercise not only of social but of religious virtues, there cannot
be a doubt that all the ministers of the different religious communions in
general, and those of the Roman Catholic persuasion in particular, will attach
the highest interest to the measures which have been or may hereafter be
taken by the Government for that object, and that they will consider it a
matter of duty to co-operate on their part, as far as it is possible for them to
do so.
" I request that you will supply me with sixty copies of your letter, that I
may distribute them among the clergy of the church to which I belong.
'•' The Roman Catholic clergy will most willingly undertake to instruct the
children in the doctrines of their religion, and will teach them the catechism
in the churches on such days and at such hours as shall be considered best
suited to the cireumstances of their respective parishes ; and I shall commu-
nicate on the subject with the priests who are under my jurisdiction. I
embrace the present opportunity to take the liberty of calling the attention
of your Excellency to a circumstance deserving of notice.
" Sunday is the only day, especially in rural districts, on which religious
instruction can be regularly given to the children of labourers and artisans ;
but an abuse which becomes more and more prevalent throws a great obstacle
in the way of the efforts of the clergy — working on the Lord's Day becoming
more and more general among all classes of the people. Artisans of all
descriptions frequently work in public on Sundays, and if notice be taken
of it they excuse themselves by saying that a refusal on their part would be
followed by a loss of employment ; others follow the example, and thus a
large number of children are cut off from religious instruction.
Now as in all Christian communities Sunday is consecrated to religious
instruction and religious duties, and most assuredly the clergy have ample
need of that day to teach the young, and especially the lower orders of the
people, it is to be wished that Government should adopt some effective
measures to facilitate the duties of the clergy in this matter, and to eradicate
the evil I have just pointed out.
" I pray you. Sir, if possible, to bring the subject under the paternal eye
of the Government, in order that it may be attended to.
" I have, &c.,
" J. Van Engelen, Chief Priest."
" Mannsen, 13th June, 1806.
This occurred in the year 1806, and from that time to the present,
this system of education, so happily established in Holland, has
gone on progressing from year to year, until it has overcome all
sectarian impediments, and embraced the whole of the rising
generation. I have before me a work by an eminent man in the
mother-country, published only a few months ago, which gives
some account of the present state of education in Holland, and I
Public Education in 1866. 223
will read a short extract from this book to confirm the statements
I have just made. It will be known to honourable members
that the state of education in Holland is perhaps better under-
stood by the English people than that of any other Continental
nation. At different times men of intellect and character have
visited that country to investigate the state of education there,
and their valuable reports have explained it with lucidity and
truthfulness to every part of the world. The great naturalist
Cuvier was one of these, the great philosopher Victor Cousin
was another ; the popular English writer William Chambers
visited Holland for the same purpose some years ago, and later
still that eminent scholar Mr. Matthew Arnold was despatched
by the Committee of the Privy Council to ascertain the facts
under the stamp of authority. The opinions of these men are
widely known, and they place the education of that country
beyond all misconception or doubt, and with great fulness and
clearness before the world. The Home Secretary of State in
1857 stated the principles of education as carried on in Holland
in these words: — " 1. Culture of the social and Christian virtues ;
2. No dogmatic teaching given by masters ; 3. It respected all
beliefs, and inculcated a spirit of tolerance and charity." Now
what I have said of the state of education in Holland so far,
applies in a special manner to primary education, to elementary
instruction. The secondary schools and the universities were
reported by the distinguished men whose names I have mentioned
as not in so satisfactory a state. But in 1863 a law was passed
so amending the great law of 1806 as to apply the same principles
to the secondary schools, and at the present time the whole of the
education of that nation is secularised and entirely freed from
sectarian incumbrance. I hold in my hand a book by Mr. Grant
Duff on Continental politics, published in the beginning of the
present year. This book explains in a few words the nature,
character, and condition of these secondary schools of Holland ;
and as the character of most of these schools as they are here
classified is new to the Australian public, and as they seem at
the same time to offer excellent models for our imitation, I desire
to read Mr. Grant Duff's description of them. There are four
classes of these secondary schools : —
" The first, a school with a two years' course for those who were to live by
some handicraft, trade, or by agriculture, taking up their education at the
point where the primary school stops.
224 Speeches.
" The second, a school for boys who desire a good, but not a learned
education. In this class are two divisions : —
" A. The school with a three years' course
" B. The school with a five years' course."
Thus we see how this graduated system of secondary schools is
carried out so as to fit every man for his calling, and to enable
him to apply his faculties in the best manner in performing the
special duties of his daily life. The writer proceeds : —
" The third, or Polytechnic school, which is intended for those who mean
to devote themselves to the higher walks of manufactures— engineering,
architecture, and the like. The fourth, or Agricultural school, intended for
those who desire a thorough knowledge of that science, which since the
decline of Dutch commerce in the last century has made immense progress
in Holland, and is — now that Dutch commerce is reviving under the happy
influence of free-trade— advancing alongside of it to new victories in the
wide heaths which occupy so much of the soil of the Netherlands, and
contrast so painfully with the riches of those districts of the country with
which travellers are most familiar. All these various schools are strictly
superintended by the Q-overnment, and — enthusiastically supported by an
intelligent people — are working admirably. We need hardly add that the
whole system found bitter opponents in the same section which is opposed
to religious and to political progress ; nor need we mention that no attempt
is made to discourage private efforts for the establishment of other
secondary schools on other principles. As a matter of fact, many such
exist, though few of them we believe have much merit. It is only just to
say that the staunchest and most celebrated Conservatives in the Netherlands
speak, as we know from personal experience, with good-natured pity of
the antique and barbarous system which still disgraces our most famous
schools."
The system of education in Prussia is very similar to the system
in Holland; but on the whole I believe it has not been so
successful. But in Prussia a few years ago, when the population
stood at 14,000,000, there were 22,910 schools and 27,575
teachers, which gave one teacher to 78 scholars. One very
important point for us to decide in this discussion is the number
of children who may be safely entrusted to the teaching of one
man. In the kingdom of Prussia, with its 14,000,000 of persons
and 22,910 schools, the average was 78 children to every
teacher. There were at this time children from five to fifteen years of
age— that is, of the school age— 2,830,328, and of these 2,830,328
children there were 2,289,727 receiving instruction, leaving only
540,601 who were not attending school. At the present time —
according to this book on the state of the Continent — there are in
the Prussian army, of the power and prowess of which we have
Public Education in 1866. 225
lately had signal examples, only four recruits in every thousand
men who cannot read, write, and cipher. In the great empire of
France education is very much behindhand. It is, I fear, even
worse upon the whole than it is in our own country, although the
French have made prodigious efforts of late years in the cause of
popular education. The same principles of education as are in
operation in Holland and Prussia have been introduced into
France, and it is hoped that in a few years they will produce
results highly gratifying to every enlightened mind. A few years
ago there were 2,654,492 children attending school in France, and
there were at the same time 4,800,000, or nearly double that
number, who were receiving no education at all. I now come to
the mother country, where the progress of education has not been
such as ought to give us any strong feeling of satisfaction. I
consider that the Privy Council system — which I take leave to
say is no system at all — has proved to a great extent a notable
failure. I think I shall be able to show that it was only devised
by the eminent statesmen who brought it into existence as a
make-shift, with the hope that in the course of time something like
a general system would be brought forward and receive the
sanction of Parliament ; and that the Privy Council scheme itself
was never intended to be anything more than a machinery for dis-
pensing the Parliamentary grants devoted to education. Small
grants were given by the Imperial Parliament for the purposes of
education so far back as 1833, but they were so small as to appear
insignificant even beside the grants of money devoted to the
same purposes by the Parliament of this country. These grants
were handed over by the Treasury to the school societies of the
time and expended without any effective supervision, without any
real discretion in the manner of their disbursement, and it was the
dissatisfaction arising from the improvident and uncontrolled
expenditure of these insufficient grants of money that induced
Lord John Pussell and Lord Lansdowne to originate the mode of
disposing of the money by the Committee of the Privy Council.
The first grant I think was moved by Lord Althorp in 1833,
when £20,000 was voted for England and £10,000 for Scotland.
When it is borne in mind that this Legislature voted the magni-
ficent sum of £80,000 for public education this year, the early
English grants appear insignificant — I might almost say paltry —
taken in connexion with the educational necessities of the United
226 Speeches.
Kingdom. These grants, as I have just stated, were very impro-
vidently and unsatisfactorily expended. There was no proper
authority to expend them; there was no proper supervision exer-
cised over the expenditure^ and the dissatisfaction felt by the
Government of the day led to the institution of the Committee of
the Privy Council on Education. At the time the first of these
votes was passed by the House of Commons, the population of
England amounted to 14,314,102. There were in the country
children from three to fifteen years of age numbering
4,294,230, but the children then receiving instruction in England
did not amount to more than 1,276,947, leaving 3,017,283
between the ages of three and fifteen without instruction of any kind.
The Committee of the Privy Council on Education began with a
comparatively small grant of money, but this went on increasing
in magnitude till in the year 1849, ten years afterwards, it reached
£75,000, and it has since risen to the sum of £840,000. Since
the revised code was introduced in 1861 the vote has been sensibly
though not to any very great extent decreased. That scheme was
never intended to supply the place of a general system of educa-
tion, as was amply proved in the evidence given by Earl Russell and
other eminent men — who have been occupied with the business of
the Committee of the Privy Council ever since it was instituted —
before a Committee of the House of Commons last year. Earl
Russell supposed that after no long period from 1839 some
general system of education would be submitted to Parliament^
but the same kind of difficulties which surround this question
here have surrounded it in England, and those difficulties
proceed in the main from the various Christian Churches. The
reason that no general plan of popular education has been assented
to by the Imperial Parliament, such as would reach the whole of
the children of the country, is that the various churches can
never be prevailed upon to give their united assent to any honest
comprehensive system. That this expenditure of money — for I
refuse to call it a system of education — this irregular expenditure
of the Parliamentary grants under the supervision of the Com-
mittee of the Privy Council on Education — has not answered the
purposes which a general system of education should answer, may
be seen from one fact alone: last year there were in England
11,000 parishes — after the expenditure of the Parliamentary
grants had been going on from the year 1839 under the super-
Public Education in 1866. 227
vision of the Committee of the Council on Education — there were
11,000 parishes, with 4,000,000 of population, who had not
derived one farthing's benefit from these grants. Now, I think
there could be no more striking evidence that England is still
utterly destitute of any system of public instruction for the people
worthy of the name. She is utterly destitute of any system at all,
and this device of the institution of the Committee of the Privy
Council to expend the education grants — though it has been
instrumental in improving the quality of education, insuring more
vigorous inspection, providing a better class of teachers, and
extending the advantages of education to a much larger number
of children — has yet lamentably failed in meeting the wants of the
rising generation of the mother country. Earl Russell, in his
evidence before the Committee of the House of Commons, clearly
shows that when he devised and assented to the formation of the
Committee of the Privy Council he only looked upon it as pro-
visional. Mr. Lingen, the secretary of the Committee of the
Privy Council — whose name is, perhaps, better known than any
other connected with education under the action of the Privy
Council — shows in his evidence that he considers the scheme only
provisional. Earl Pussell says repeatedly, in his answers to
various members of the Committee, that he always looked forward
to the undertaking of some large general system, and that sooner
or later this large general system must come into play before the
wants of the rising population of the mother country can be prp-
vided for. If I did not fear trespassing on the time of the House,
I should like to read some of the evidence given before this
Committee. Earl Russell is asked by the chairman, Sir John
Pakington —
" Were those large proportions foreseen by your Lordship at the time as
likely to be administered under the system which you then created for the
existing state of affairs ?"
Lord Russell replied —
"I cannot say that they were; but the question arose after a time
whether or not it was desirable to go on with the system as then established,
or to attempt, by bringing a Bill into Parliament, to apply a more general
system over the country. It was then on consideration thought impossible
to carry a Bill for a more general system, and that it was better to go on
with the existing system. Sir James Kay Shuttleworth, I remember,
thought that the expenditure under the present system might be carried
on to three millions or three millions and a-half of money, and that in
that way the education of the whole country might be provided for ; but
Q2
228 Speeches.
that was not the view, I think, of those who founded the Committee of
Council."
When asked whether he would recommend the appointment of a
Minister of Education, he thus expresses his dissatisfaction with
the existing system i —
Q. " May the Committee understand that your Lordship is not of opinion
that the establishment of a sole Minister of Public Instruction would be an
improvement upon the present system of administration ?"
A. " I think that so long as the present system continues it would not be an
improvement. If you were to make a change, I think you should begin
with establishing a new system by Act of Parliament. And when you have
done that, you might find that a Minister for the sole purpose of education
was desirable, and almost necessary."
This answer clearly shows that Earl Russell, who had more to do
than any other living statesman with the formation of the
Committee of the Privy Council, always contemplated that this
arrangement should be provisional only, and that some general
system should be organised afterwards. Again : —
Q. " When you speak of a change of system by Act of Parliament, may
I ask what kind of change of system you are contemplating ?"
A. "The sort of change of system that I was contemplating is this : At
present you give aid to those who are willing to help themselves ; that is to
say, to those who are willing to subscribe, and to the parents who are willing
to pay for their children's schooling. The State comes in and says, * we will
help you with another portion of your expenditure ;' but supposing that
the persons that are to found the school do not care about the subject of
education, and that the parents do not care about their children bemg
educated, they have nothing at all. That is the cause of there being such a
vast number of parishes as I see are mentioned in the report as not having
any efficient schools. If you alter that system, you must not be content
with subscriptions from persons who are willing to aid education ; but you
must certainly have a rate ; you could not have a rate imposed generally
upon the country without satisfying those who are to pay the rate and the
minds of the people in general, and the House of Commons, that it was fair
to all the religious bodies in the country ; otherwise you would have, as I
have heard it remarked with regard to the question of a rate, the disturb-
ance which there has been about church rates. These are very great diffi-
culties which would have to be got over. I do not know that they will be
got over in my time ; but if they ever should be got over, then I say that a
Minister of Education would be desirable."
Q. " May I ask why you think a Minister of Education would be more
desirable in the event of a rating system being adopted, than it is now, to
attend to all the complicated questions which under the existing system
come before that department ?"
A. " I think in the first place that education, as extended to the whole
country and to nearly every parish in the country, Would be far more impor-
Public Education in 1866. 229
tant ; and in such a condition of things Parliament would look for the
responsibility of a single Minister."
Q. " Then your Lordship admits that the responsibility would be greater
in the case of a single Minister than it is under the present divided system
of the department ?"
A. " I think it would be so."
Mr. Lingen, the Secretary to the Committee of Council, states his
opinion thus : —
Q. " Would you concur in the opinion that it is impossible for the advo-
cates of general education to rest content until some system reaches the
whole of the country?"
A. '* I should have, I think, to answer that question rather at length if I
stated what are my views on the subject. It has always seemed to me that
the present system was adopted on the theory that the main part of the
education in this country would continue to be voluntarily maintained, and
almost in despair of arriving at any national and complete system. I have
always understood the idea of its framers to have been that it was possible
to improve a certain part of the education which was voluntarily maintained,
and so to create throughout the country a standard of education, and promote
a desire for education, the means being a very direct and a very minute
action on part of the Government. The system seems to me to be essenti-
ally a provisional system, and good from that point of view ; but its con-
tinuance must depend very much upon the state of public opinion. I never
expect to see it become a complete and national system without (to say the
least) great modification."
While some of the Continental nations have made such rapid and
commendable progress in popular education, those offshoots of the
mother-country across the Atlantic, the United States, have also
done a noble work in this cause. Without troubling the House
with more than a mere glance at the state of education in America,
I will briefly describe the condition of seven of those States, taken
almost at random. Some few years ago in Connecticut there were
1656 public schools, with 1787 teachers and 71,269 pupils. The
population at the time amounted to 370,792, and the persons who
could not read or write were only 4739, or IJ per cent, of the
whole population. In Kentucky there were 2234 schools, 2306
teachers, 71,429 pupils; the population was 982,405, of which
210,981 were slaves ; the number of persons who could not read
and write was 66,689, or only 6| per cent, of the population, not-
withstanding this vast number of slaves. In the state of Maine
the number of schools was 4042, the number of teachers 5540,
the number of pupils 192,815 ; the population was 583,169, and
the number of persons who could neither read nor write was only
6147, or 1 per cent, of the whole population. In Massachusetts
230 Speeches.
the number of public schools was 3679, the number of teachers
4443, the number of pupils 176,475, the population 994,514, and
the number of persons who could not read or write 27,539, or barely
3 per cent, of the population. In New York the number of schools
was 11,580, the number of teachers 13,965, the number of pupils
676,221, the population 3,097,394, and the number of persons
who could neither read nor write was 91,293, or 3 per cent, of the
population. In Virginia the number of schools was 2930, of
teachers 2997, of pupils 67,353 ; the population was 1,421,661, of
whom 472,528 were slaves, and the number of persons who could
neither read nor write was 77,005, or 5 J per cent, of the whole
population. In Rhode Island the number of schools was 416, of
teachers 518, and of pupils 23,130 ; the population was 147,545,
and the number of persons who could neither read nor write was
3340, or 2J per cent of the population. There are some peculiar
features in connexion with the public schools of the United States;
for instance, in many States large grants of public lands are
made for educational purposes. In Missouri in 1855 the grants of
land were 1,199,139 acres for common schools, and 23,040 acres
for a university. In Mississippi 837,584 acres of land were
granted for common schools, and 23,040 acres for a university.
In Boston there is a School Board consisting of 74 members — the
mayor, president of common council, and 6 persons elected from
each ward, 2 members being elected each year and retaining office
for 3 years. There is a Superintendent of Schools, who receives a
salary of 2500 dollars, and who has constantly to give his assist-
ance to the School Board. In 1855 the number of children between
the ages of five and fifteen in Boston was 29,092, and the number
of pupils 25,500, a comparatively small number of those who
were of school age not receiving instruction. I have gone over
this ground because I think it must be of advantage to us to see
what has been done in this cause in other parts of the world, and
to compare our efibrts with those that have been made by
others, especially in countries that are kindred to our own.
Passing from the United States to Canada, we find magnificent
provision made for the education of the people. In 1855 the
public schools in Lower Canada were divided into three classes—'
the superior, the secondary, and the primary; the superior
embracing universities and special schools ; the secondary con-
sisting of colleges, academies, and convents for girls; and the
Public Education in 1866. 231
primary consisting of model schools and elementary schools.
There were of the superior class 12 schools, with 54 teachers and
331 pupils ; in the secondary class there were 140 schools, with
767 teachers and 20,245 pupils ; and of the primary class there
were 2736 schools, with 2850 teachers and 112,193 pupils. Then
there were in Upper Canada 3325 common schools, with 222,864
pupils, supported at an expense of £224,818, and 65 grammar
schools, with 3726 pupils, the expense of which amounted to
.£13,535. There was one normal school, with 124 pupils, the
expense of which was £5576. Besides this there were in Upper
Canada at this time 179 municipal libraries, with 116,762
volumes of books in them, costing £13,870. The total cost of
education in Upper Canada in the year 1855 was £288,998. The
proportion of scholars to children of school age in the United
States and Canada was — in Upper Canada, 76 per cent.; in
Lower Canada, 43 per cent.; in the United States, 66 per cent.;
and in the State of Maine, which was the most highly-educated
State of the whole, 93 per cent. Having thus cursorily glanced
at the state of education in other parts of the world, I will only
delay honourable members for a moment longer by enumerating
the ratio of education in some of the leading countries of the
world. I have a table showing the proportion of scholars in
the elementary schools to the whole population of the respective
countries : — Switzerland, 1 in 5 ; Prussia, 1 in 6 ; Norway,
1 in 7 j Denmark, 1 in 7 ; Austria, 1 in 10 j Belgium, 1 in 11 j
France, 1 in 17; Eoman States, 1 in 50 j Portugal, 1 in 88 j
Bussia, 1 in 367; United States, 1 in 5; England, 1 in 11; Scot-
land, 1 in 10 ; Ireland, 1 in 18. Now, I think, if honourable mem-
bers have done me the favour of endeavouring to follow me through
these dry. figures, they must see that in many parts of the world
education has made more rapid progress than in our own country.
Notwithstanding the great things which Englishmen have done,
notwithstanding the glory which surrounds the English name,
notwithstanding that the British nation has undoubtedly been
the pioneer of liberty in all parts of the world, still for some
reason or reasons which I do not pretend fully to explain we
have not been foremost in this great work of educating the
people. We have seen that Prussia, Holland, and the United
States are before us, and if we were to judge by the munificence
of the grants in New South Wales in this respect our colony
232 Speeches.
would appear to be in advance of the mother-country; and I think
that on the' whole this infant community may be said to have
addressed itself in a larger spirit to this work than the parent-
Istnd has done. I wish now, without detaining the House further,
to speak of our own colony. I find that in 1829, when the
population of New South Wales stood at 41,450, there were 54
schools in the colony, with 2003 pupils, and the percentage of
scholars to the population was about 4f per cent. Ten years
later, in 1839, when the population stood at 114,386, there were
166 schools, with 6790 scholars, giving about 6 per cent, of
scholars to the whole population. Ten years later still, in 1849,
when the population had risen to 246,299, there were 558 schools,
with 25,682 scholars, giving 10 per cent, to the population. Ten
years later, in 1859, when the population stood at 336,572, there
were 739 schools, with 32,840 scholars, giving 9| per cent. In
1864, when the population had risen to 392,589, there were 1022
schools, with 48,427 scholars, giving about 12 per cent, of scholars
to the population. In this country the public provision for
education was very limited until of late years. In 1846 Mr.
Robert Lowe, who was then a member of our Legislature, and
who has since distinguished himself as one of the ablest advocates
of popular education in England, moved the first resolution in
favour of establishing education in this country on what was known
as Lord Stanley's National system, and in the following year the
old Legislative Council voted £2000 for establishing what is
How the Board of National Education in this colony. The
Board consisted of the late Mr. W. S. Macleay, Mr. Plunket, and
Dr. Nicholson. In the same year I think the Denominational
School Board was organised by the Governor for the time being.
The two Boards have gone on progressing and receiving increased
grants of public money until last year, when the National Board
had 386 schools open with 18,126 pupils, and the Denominational
Board 445, with 23,746 pupils. Last year there were new schools
opened by the National Board to the extent of 44, and only four
schools were closed by that Board during the year. The pupils
attending the denominational schools were 23,746 against 22,297
attending schools in the previous year. If we group together all
our means of education partly supported from the public revenue,
we find the total cost for last year was £134,858 5s. Id. I mean
the total amount as supplemented from private sources. This was
Public Education in 1866. 233
expended in the following manner : — Orphan schools, £7500
5s. 4d.j Destitute Children's Asylum^ £6413 8s. 7d.j denomina-
tional schools, £53,580 4s. lOd. ; national schools, £49,927
18s. Id.; CTniversity, £11,226 13s. 9d.j St. Paul's College, £810;
St. John's College, £500 j and the Sydney Grammar School,
£4899 14s. 6d. It may be as well that I should state
to honourable members the particulars in the cases of the
University, St. Paul's College, St. John's College, and the Sydney
Grammar School. I find that in the case of the University the
amount raised by contributions, fees, and from other private sources
was £6226 13s. 9d., in addition to the public grant of £5000, making
£11,226 13s. 9d.j and the number of scholars was 43. St. Paul's
College received from the Government £650, and from private
sources £160, making £810, and the number of scholars was 8 ;
St. John's College received £500 from the Government, and
nothing from private sources, and the number of scholars was 10.
The Sydney Grammar School received from the public revenue
£1500, and from private sources £3399 14s. 6d., making a total
of £4899 14s. 6d., and the number of scholars was 141. I have
in my hand a decennial return of the number of schools and scholars
down to the close of last year, and I find that within ten years we
have nearly doubled the number of children attending schools in
this country. That certainly is a gratifying result. It shows a
rate of progress in the cause of education amongst us which will
bear favourable comparison with the state of things in other
parts of the world. The number of schools in this country last
year was 1069, and the number of children attending those schools
was 53,453. Besides this number of day schools we had 35,556
children attending Sunday-schools. It is very satisfactory to learn
that within seven years the number of children attending the
Sunday-schools of the country has more than doubled. In the
year 1859 the Sunday-scholars numbered only 16,590'; at the close
of last year the number had risen to 35,566. The private schools
in the country last year numbered 443, with 10,331 pupils. The
latest estimate of the state of education as applied to the number
of children in the colony I will now place before honourable
members. The children under fourteen years of age in the country
at the latest date to which our statistics come was 150,845. I
invite the special attention of honourable members to these facts. Of
this number there were attending school 53,452, leaving the enor-
234 Speeches.
mous number of 97,393 with no education whatever. This return
comes down to the close of last year. Making allowance for the
increase of population to the time I am speaking, it is very probable
that in this colony at present there are 100,000 children under
fourteen years of age destitute of all instruction whatsoever !*
I think then that I have made out a case for interference. If we
are here with a population little over 400,000, and if one-quarter
of the whole are children in a state of educational destitution, with
no provision at all for their instruction, I think it will be
admitted that I have unanswerably made out a case for inter-
ference. I think the argument of Lord Macaulay shows con-
clusively that it will not do to leave this matter to parental care,
to private charity, to the wise efforts of benevolent and enlightened
individuals ; but that it is the duty of the Government, on the
clearest grounds of statesmanship and political economy, to make
every effort possible to reach a larger number of these destitute
and neglected children. The obligation rests upon this Assembly
to endeavour to arrive at that result apart from all other con-
siderations. The importance of educating these children and
rescuing them from possible ruin rises immeasurably above all
subordinate objects. No higher duty can engage the ability of
Parliament than supplying these 100,000 unhappy children with
the means of instruction. That the necessity has been widely felt
for a long period is well known to every honourable member who
hears me. For a number of years effort after effort has been made
by succeeding Governments to deal with this question. So far back
as the year 1859 the honourable member for East Sydney (Mr.
Cowper) brought in a Bill, which I understood at the time
was intended to introduce something like the machinery of the
Committee of the Privy Council; but that system it was
found impossible to introduce into this country. The Bill
was defeated. In the same year another Bill was framed
by the honourable member for the Hastings (Mr. Forster)
to deal with this question. In 1862 Mr. Cowper again
introduced a Bill into the Assembly to deal with the subject.
The Bill provided that a Board of Education should be called into
existence, to consist of eleven persons ; and I think from a hasty
glance over the measure that this was its most remarkable feature.
*This estimate included infants not yet arrived but every year arriving at
school age.
Public Education in 1866. 235
In the same year the Government of Victoria dealt with this
matter. Though they took from us our national system and
denominational system, they found, as we have found, that the two
systems together were at the same time expensive and ineffectual.
They abolished the two Boards and constituted one system of
schools under the name of common schools. In 1863 Mr. Cowper
again introduced a Bill, which any one acquainted with the
Common Schools Act of the sister colony will see at a glance was
mainly founded on the law of Victoria. In the same year the
honourable member for the Hastings (Mr. Forster) again prepared a
Bill, which however I believe was never introduced. A Bill was also
brought in by another honourable member (Mr. Sadleir), the fate
of which I am not acquainted with. It will be seen therefore that
there have been six or seven Bills framed for the purpose of dealing
with this question. No other evidence is necessary to show that it
is one which Parliament has for a long time considered it ought to
deal with. The mere fact that scarcely a year has been allowed
to pass without an attempt to grapple with the subject shows as
completely as it could be shown that dissatisfaction exists and is
deeply felt, and that there is a widespread desire to substitute for
the two existing systems one system which will be more beneficial
to the public. As I understand the opinions of honourable members
and the public, the disadvantages of the present systems may be
summarised thus : — (1) That education thus carried on is unneces-
sarily expensive ; (2) that it is, consequent on the very character
of the systems, of an inferior quality ; (3) that the present method
is calculated to engender jealousies and uncharitable feelings among
the different sections of society ; and (4) that our present educa-
tion is in an alarming degree limited in its supply. I think I can
show to the conviction of every honourable member who will
attend to me that our schools are unnecessarily expensive to a
degree that ought not to be permitted to continue. I have a
return here of a large number of the schools scattered over the
colony, both national and denominational. This return has been
prepared at great trouble and I believe it is in every case perfectly
accurate. It supplies information which cannot be obtained from
any public source, and perhaps on that account alone honourable
members will give me their attention. I find by this return that
in a district close to the city of Sydney, within an hour's walk,
there are three schools supported at the public expense which
236 speeches.
contain only an aggregate of 91 children ; in another district,
about thirty miles from Sydney, I find three schools supported
by the public money, with separate teachers and machinery,
and the number of scholars in the three schools is only
73. Passing to another district, I find two schools supported
at the public expense, with separate appliances and separate
teachers, the two schools together containing 51 children.
Passing on again to a populous town within two hours*
journey of Sydney I find three schools supported at the
public expense, where the children number in all only 130.
I find in another district two schools supported at the public
expense where the scholars number 61. In another district
I find two schools with 82 children ; in another two schools
with 71 children. In another district I find three schools,
side by side as it were, supported at the public expense,
with separate school arrangements and separate teachers,
which only muster amongst the three 79 children. In another
district (an old township with a thriving population) there
are three schools supported at the public expense which contain
only 61 children. In another district (an old settled town) there
are two schools which muster only 45 children between them. In
another district, in a town, there are side by side two schools, and
the two contain between them only 85 children. In another town
there are two schools side by side which only contain 60 children.
In another town two schools side by side contain only 67 children.
In another town (and a large one for our country towns) there are
two schools side by side, and they only contain 61 children. In
another district there are two schools close together which only
contain 94 children. In another district, little more than an hour's
journey from Sydney, there are three schools supported at the
public expense, with separate teachers, which contain amongst the
three only 101 children. In a thriving town, which can well afibrd
to educate all its own children, there are three schools supported
at the public expense, and containing between the three only 99
children. In another town there are two schools side by side
supported by the public money, which only contain between them
58 children. In another town there are two schools which only
contain 6 1 pupils ; and in another there are two schools close
together which only contain between them 48. In another town
— a town of great prosperity among the young rising towns —
Public Education in 1866. 237
there are two schools side by side that contain only 81 children.
In another town there are two schools with only 85 pupils j in
another there are two schools which together contain but 59
children ; in another town there are two schools which contain
only 71 children; in another town there are two schools with only
94 scholars ; in another there are two schools with only 54
children ; and in another there are two schools which between
them contain only 43 scholars. I have only given a few of the
instances contained in this return, but these are quite sufficient
to show the extravagant manner in which the education grants
so munificently voted by this House have been dispensed.
I must state that the return extends only to a portion of the
schools, and the reason it does not extend to all is simply the want
of time in its preparation. As far as it extends, it shows that the
saving which might be effected in each case if these schools were
consolidated, so as to have only one teacher to a suffi.cient number
of pupils, would amount to over £7000. The only way in which
the difficulty is to be got over is by establishing schools under
some condition that shall leave one school to do the work of
education in a district that can only supply a sufficient number
of children for one school, without this unnatural competition. If
the Government is to undertake the great duty and responsibility
of educating the children of the country, they must do it in a
manner that shall be effectual and just to the taxpayers of the
country — in a manner that shall be effectual both in teaching as
many children as possible and in providing a quality of education
as high as it can possibly be raised, and at the same time by
economising the funds so as not to expend a single shilling more
than is necessary in the work. It must be positively sinful to
expend a single shilling unnecessarily upon educating 50,000
children so long as 100,000 children are destitute of education.
It must be wrong to administer the Parliamentary grants in a way
that shall in any respect impair the quality of education ; and it
must be wrong to administer them in a way that shall in any degree
limit and impede the progress of education. Now the causes that
lead to the existence of these small and inefficient schools (for it must
be borne in mind as a rule that every small school must be inefficient)
will suggest themselves to the minds of all honourable members.
The main cause of the multiplicity of small inefficient schools is the
unseemly contention amongst those members of society who ought
238 speeches.
above all others to lend their efforts to promote harmony and
goodwill amongst the people, I mean the clergy of the various
churches. In this colony, as well as in the mother country, they
are the most inveterate as they are the most powerful enemies that
popular education has to fear. What is the spirit calling into
existence these small and inefficient schools, which are swallowing
up the beneficent education revenues of the country? Why,
nothing but the petty desire of every parish clergyman to have a
school of his own. If in a locality where there is only a sufficient
number of children to form one good school the clergy would exer-
cise that Christian charity which they ought to be the first to
inculcate, and consent to the children being educated side by side,
extravagance would be avoided, and the means of education would
be extended to a number of other children who, whilst ministers
of religion are cavilling over a division of the spoils, are left desti-
tute of all instruction, and often sink into the worst courses of evil
as a consequence. With regard to some of the victims of capital
punishment within the last few years, it cannot for a moment be
doubted by anyone who knows the country that if education had
been extended to those unfortunate young men they might have
been still alive, and, as Lord Macau! ay says, enjoying liberty and
using that liberty well. We know that some of those young
natives, led step by step in crime till they forfeited their lives on
the gallows, never had the slightest chance of instruction ; that
there was no helping hand extended to them to point out the way
in which they should go. Should the disposition be still indulged to
seek local and sectarian advantages by the establishment of two or
three schools where one is sufficient, our funds will still be wasted
and the cause of education will still be sacrificed. I do not believe
that the parents in this country have any serious objection to
sending their children to good schools, though those schools may
not be of a denominationl character. I do not believe these sec-
tarian objections arise in the minds of the fathers and mothers of
the country, and I have a return in my hand which will conclu-
sively prove that I am right in this belief. I have had prepared
a return showing the percentage of the denominations of the
country to the entire population, and another return showing the
percentage of children belonging to those various denominations
attending particular schools. I find that the percentage of the
Church of England is 45, that of the Roman Catholics 28, that of
Public Education in 1866. 239
the Presbyterians a little over 9, that of the Wesleyans a little
over 6, and that of all other denominations a little over 9 ; and I
find, looking to the national schools of the country — and I refer
to them now because they most closely resemble the schools which
I think ought to be established all over the country — that parents
of all denominations do not object to send their children
to these schools. I venture to assert that there is hardly
a parent in the country, belonging to whatever church he
may, who if left to himself objects to send his child to these
schools. Who then is it that objects ? "Who are they that inter-
fere with the control of the parent, and tear the child away from
the education which the parent would be glad to give? The
children on the rolls of the national schools of the country four
years ago represented the denominational elements in the whole
population in the following manner : — There was a little more than
41 per cent, of children of the Church of England; a little more
than 20 per cent. Koman Catholics ; 15 J per cent. Presbyterians ;
a little more than 15 per cent. Wesleyans; and a little more than
17 per cent, of the children of other denominations. That was in
1862. In 1865 there was 41 per cent, of the Church of England,
21 per cent. Koman Catholics (showing an increase in the number
of Roman Catholic children who attended these schools), 15 per
cent. Presbyterians, and 14 per cent. Wesleyans (showing a
decrease of children of this denomination). If we come to
particular instances, the percentage will be more striking as show-
ing the willingness on the part of parents of all denominations to
send their children where they can receive the best education. I
dare say some honourable members will hardly credit it when I
tell them that in one part of the colony the percentage of children
of the Koman Catholic Church attending the national schools is
larger than that of any other denomination. In one of the
country towns there is 60 per cent, of the children of the Roman
Catholic Church attending the national school. In another town
in the interior there is 49 per cent., or nearly one-half Roman
Catholic children attending a national school ; and in another
town in the southern district, of considerable importance, the
number of children of the Roman Catholic Church attending the
national school is 86 per cent.
Mr. DiGNAM : Perhaps they are all Catholics there.
Mr. Parkes : Then why do they not go to a Roman Catholic
240 Speeches.
denominational school 1 This supplies a conclusive argument in
support of my statement that if parents were left uninfluenced to
send their children where they could receive the best education,
they would not hesitate to send them to that school, without
reference to their associations with the children of other denomi-
nations. I must decline to name publicly any of the particular
localities to which I have alluded, and I will tell you why. I did
state publicly only a few weeks ago one or two instances in which
Roman Catholic children were attending national schools, and
immediately afterwards the parents were compelled to withdraw
their children, and only last week a large number of children were
forcibly taken from one of these schools, not by the parents, but
by a power which I think ought not to be allowed to interfere. I
now come to the Bill before the House. I must be permitted to
say that in the preparation of this Bill no member of the Govern-
ment has sought to carry out his individual opinions or any pet
theory ; but the purpose of the Government has been, looking
fairly at the complications of the question, recognising the interests
of the great denominations of the country, and consulting even the
prejudices of the people, to meet the difiiculty in the most practical
manner they could devise. I hope the House will still favour me
with that attention which I confess it has through a somewhat
wearisome time given me beyond my expectation, while I go
through the Bill and state the objects and intentions with which
it has been framed. The first clause provides for the formation of
a Council of Education, of which the Colonial Secretary for the
time being is to be ex-officio President.* The simple idea in this
provision is to have a Minister of Education. It has been felt
that this education grant is now of such magnitude, that the
interests connected with it are of such vital consequence to the
present generation and to posterity, that it should no longer be
administered without some person being made directly responsible
to Parliament. The idea is to ensure this responsibility without
creating a new Ministerial office. If this Bill should become law,
the Colonial Secretary will be known in this House as the
Minister of Education, or as President of the Council of Education,
and in that capacity he will be responsible to Parliament for the
♦This provision was carried in the Assembly, but it was struck out in the
Council and power given to the Council of Education to appoint their own
President.
Public Education in 1866. 241
administration of the grant. That is exclusively the intention of
this provision. I pass on to clause 5, which provides for the
appointment of the council. Wliilst it appeared to the Govern
ment that no better authority of appointment could be devised
than that of the Governor with the advice of the Executive
Council, it was felt that it would be better to appoint members of
this important body for a fixed term. At present the members of
the two Boards are appointed for an indefinite period, and if not
removed by the same authority as that by which they are
appointed they remain members for life. It was thought that
it would be an improvement on this mode to appoint members for
a limited term, and the term was fixed at four years. It was
then thought that it would . still be an improvement upon this
arrangement to have the members retire by rotation, so that
whilst the members periodically retired the body itself might be
perpetually in existence. It was considered also that a great
convenience might arise from this mode of appointment. It is
not beyond a probable case that, tliough all the members of the
Council might be men of standing, of good education, and in every
way desirable persons, yet there might appear some person of such
high ability and such great devotion to the cause of education
that his superior qualifications would justify his appointment in
place of a retiring member. Of course no Government would
attempt the invidious and offensive course of removing a member
for the mere purpose of appointing another, however superior
that other might be ; but if members retire from their seats by the
operation of time it will neither be invidious, off'ensive, nor
inconvenient to appoint any such person as I have supposed may
arise amongst us in place of some one retiring. This might be
done in such a case without calling for severe criticism, and the
Council might thus be invigorated by the infusion of the highest
talent and fitness that could be found in the country; so that by
this system of rotatory retirement and appointment for a fixed
term great advantages might arise, and no serious disadvantage
could possibly be feared, because, unless in such a case as I have
supposed, the members retiring would as a matter of course be
re-appointed. Then it is provided that no two of the five
members of the Council of Education shall be of one and the same
religious persuasion.* I believe this is in the Common Schools
* This provision was given up in deference to the sense of the Assembly.
242 speeches.
Act of Victoria, and I think it was a provision in the Bill intro-
duced by Mr. Cowper ; and the object, I presume, is that no
undue denominational element should operate in the Council, such
as might withdraw from it public confidence. Of course, if this
provision be carried and it becomes part of the Bill, the Church of
England, the Koman Catholic Church, the Presbyterian and the
Wesleyan will be represented, and there will be some gentleman
selected to represent the Congregational and other religious
denominations of the Protestant Church. The 6th clause gives to
the Council the necessary powers to appoint and remove teachers
and inspectors, to expend the money voted by Parliament, to
establish and maintain public schools, to frame rules for their
own guidance, to train and examine teachers, to examine scholars,
and to provide for the discipline to be enforced, and so on. I
have read the petition presented by the honourable member for
East Sydney (Mr. Hart) and signed by a number of the Roman
Catholic clergy: but this petition — I don't know whether we
are to understand the petitioners as representing the church —
would render it utterly impossible to carry out any scheme of
public education. The petitioners say plainly that the denomi-
national system of education is the only system under
which what they call their freedom can be enjoyed. It
would be absolutely impossible to carry out in our limited
community, with our limited revenue, and with the vast
number of children that we have to educate, any denomi-
national system of education. These petitioners, for example,
want to have a denominational training-school for the education
of teachers, but in order to place all on equal terms it would be
necessary to have eight or ten such schools, for I imagine that
the Catholic clergymen would not arrogate to themselves the right
of training teachers for the Protestant denominations. They take
up this position, that we must have ten training-schools instead of
one. It would therefore be impossible to carry out the views
expressed in the petition. Then these petitioners, and those who
act with them, claim the appointment of the teachers. Now I
should like to know how any Parliament, chosen as this Parlia-
ment is, entrusted with plenary powers in disposing of the revenue
of the country, could vote away the public money for education
while the teachers were appointed by the various religious
denominations ? Practically, in the denominational schools that
Public Education in 1866. 243
will be aided under this Bill the clergy will have considerable
influence in the appointment of the teachers, because, as a matter
of course, if they recommend to the Council persons suitable for
teachers the Council will, on being satisfied of their competence,
appoint them. The 7th clause gives the Council of Education
power to frame regulations, but these regulations are not to have
tlie force of law until they have been before Parliament a whole
month, during which time Parliament can exercise a direct power
of disallowance. I now come to the soul of the measure, if it has
a soul, in the 8fch and 9th clauses. The 8th clause provides that
a ^' public school may be established in any locality where, after
due inquiry, the Council of Education shall be satisfied that there
are at least forty children who will regularly attend such school on
its establishment." Now by referring to the other clauses of the
Bill it will be seen that this public school is to be one in which
secular education is to be carried out during four hours every day ;
but provision is made that clergymen, or other religious teachers,
may attend and instruct the children of any particular denomina-
tion in their own religious doctrines. If the clergymen of this
country could rise to the height of their duty, as they did in
Holland, they would see that the best system of religious instruc-
tion could be combined with the most efi'ective system of secular
education that the country can supply. But if they must claim
the sole control, while in fact they leave religious instruction to
be carelessly imparted by the schoolmaster, they will simply
exhibit themselves as stumbling-blocks in the way of educa-
tion, as they have been times out of number before. It
must be apparent to the common sense of every honourable
member who hears me, and of every member of society out of
doors, that the only way in which we can provide education in
small thinly-peopled districts is by refusing our sanction to more
than one school. The consequence would be, if we allowed more
than one school in such district, that the money voted by Parlia-
ment, no matter how large the grants, would be wholly insufiicient
to provide schools for the colony. If the clergy were bent upon
carrying out the true principles of Christianity, if a high sense of
Christian duty guided them in their daily life, they would find
sufficient time to attend the schools, and to instruct the children
in the faith of their forefathers. But with a view of meeting the
denominations as far as possible, the next clause provides that they
R 2
244 Speeches.
may have a denominational school wherever they can find children
to support it, in addition to the number of children fixed for the
public school. When they can find forty* children to form a
school they may have a teacher of their own persuasion, and they
may then remain themselves in the school and teach religion from
morning to evening ; the only thing that the Government insists
upon being that the standard of secular instruction shall be as
high as in the other schools — that it shall be sound and efiicient.
The 9 th clause provides that " it shall be lawful for the Council of
Education in any locality where a public school may be estab-
lished which has in attendance thereat not less than eighty t
children to certify as a denominational school any school situated
not more than five miles from such public school, on such Council
being satisfied after due inquiry that there are at least forty
children in regular attendance at such school." I have shown
that in Prussia and in some other of the large states of Europe, the
average number of children allotted to a teacher is 70 in one case
and 78 in another ; and so, in order to prevent the unnatural com-
petition that has been consuming our education revenues, it is
provided that a second school shall not be established until the
first has reached a scale of numbers equal to the attendance of
pupils in the great countries of the Old World. What could be
more reasonable 1 When the school to which all can have free and
equal admission is filled up, if forty children belonging to one
denomination can be found in excess of the eighty in the first
school, the clergy can claim another school for them; and this
school will be to all intents and purposes a denominational school,
the only conditions insisted upon by the Government being that
the same course of secular instruction shall be taught, and that it
shall be under the same regulations and inspection. But even the
regulations will be modified to suit its denominational character.
The 10th clause provides for the appointment of teachers of the
same religious persuasion as that of the denominational schools in
which they will be employed to teach. I am told that some
denominations, if they have a good teacher of another denomina-
tion, do not care to part with him ; so that this clause is so
framed as to be put in force upon application from the persons
interested. The 11th clause provides that in all certified denomi-
* The number was reduced to thirty.
f The number in this case was reduced to seventy.
Public Education in 1866. 245
national schools tlie religious instruction shall be left entirely
under the control of the heads of the denomination to which any
such school may belong. The 12 th clause is, as far as I am aware,
new in Australian legislation. It provides that — ^'In districts
where, from the scattered state of the population or other causes,
it is not practicable to establish a public school, the Council of
Education may appoint itinerant teachers under such regulations
as may be framed by them for that purpose." I am told that in
several districts in this colony this system of ambulatory teaching
is carried on to a considerable extent, and that its advantages are
felt to be considerable. In Norway, which is one of those northern
nations that have paid great attention to education, the population
is thinly scattered over wide mountainous districts, and the bulk
of the children are instructed by itinerant teachers. This system,
therefore, is not new. In 1833 the population of Norway was
1,000,000 and it had only 183 fixed schools, the pupils number-
ing 13,693; but there were 1610 schools carried on by itinerant
teachers, and the children connected with them numbered 132,632.
This is an illustration of the successful working of the system of
ambulatory schools in thinly-populated districts, and will at once
set aside all objections to it. Looking at the state of our country,
and the similarity of many parts to the physical characteristics of
Norway, I think we may be able to reach some of the children
in this way that could not be reached in any other way. It will
be far better to afford them this imperfect means of instruction
than to leave them to grow up totally uninstructed. I antici-
pate, therefone, that not a single vote will be recorded against this
provision. The next clause — the 13th — provides that — "The
Council of Education shall establish a training-school for the
education of teachers, both male and female, and shall prescribe
the course of studies and the examinations in such school ; and the
teachers so educated shall be classified according to their attain-
ments and skill in teaching, and shall receive certificates of
efficiency which shall entitle them to corresponding grades in the
schools service." I desire particularly to call attention to the
words " skill in teaching." Mere accomplishments, or aptitude in
special branches of learning, will not be sufficient ; but these
teachers, in addition to proficiency in general knowledge, must
establish their " skill in teaching " before they can obtain their
cei-tificates of efiiciency. It has been well said by Earl Russell^
246 speeches.
that if we want good schools we must have good teachers, and
there is no possible way of raising up a body of efficient teachers
except by some such institution as this. The 14th clause is one
Upon which I am aware there is much difference of opinion, and
gentlemen entitled to the highest consideration, who agree with
other parts of this Bill, object to this clause. 1 am fully aware
that much can be said against it, but I also feel that much can be
said for it. The clause is as follows : — " The salaries of teachers
in all cases shall be fixed and not supplemented by fees, shall be
regulated by the number of pupils, and shall be increased by every
addition of ten to the average attendance over a period of three
months." * Well now, it is objected to this clause — first, that the
arrangement of supplementing the salary by fees gives the teacher
at once an interest in promoting the progress of the school. It is
said he would never take the same amount of trouble to collect
fees if his own interest in them were removed, and the amount
received for education from this source would consequently fall off.
It is thought, moreover, that there would be some risk in remote
districts of the fees being misappropriated. The Government in
considering this provision were desirous of raising as much as it
was in their power to raise the social status of the teacher. They
think that his office is a high and noble office, and that the person
to whom you entrust the education of your child should cultivate
in himself as nice a sense of personal honour as possible. They
think he cannot stand in the independent position which he ought
to occupy, and must resort to conduct inconsistent with a fine
sense of honour, if he is paid by fees. It is known to be a fact
that if, as is always the case, the parents of one portion of the
children pay regularly, and the parents of the other portion pay
irregularly, the teacher will insensibly, and perhaps not unnatu-
rally, take care of those children whose parents pay regularly, and
regard with disfavour those children whose parents do not pay
regularly ; and thus two classes will rise up in the school, against
which mischievous contingency you can make no provision. It is
thought, then, that by giving him a fixed salary you relieve him
from this invidious position. You above all things protect the un-
offending children from any neglectful treatment which might arise
from the conduct of their parents, and ensure their being received
* This clause was struck out in the Legislative Council, and a new clause
authorising the collection of the fees by the teacher substituted for it. '
Public Education in 1866. 247
on grounds of equality. Then we say that if we make the
increase of his salary dependent on the increase of his school, we
supply that stimulus which he has now in connexion with his fees.
It is said that if you release the teacher from the obligation of
collecting these fees they will fall off, and thus the State would be
a loser. It is very probable the fees may fall off, but if we secure to
the teacher a better position — if we protect the children from any
unfair treatment arising from the manner in which the parents
pay or do not pay — we say that the amount of good that we
obtain will be altogether beyond any falling-off in consequence of
this arrangement. These are the main views which actuated the
Government in the preparation of this clause ; and, after having
listened to the objections consistently and forcibly urged against
it, we still think that our views are sound. The next clause
simply provides for a scale of fees to be })aid by children. Clause
16 provides that notwithstanding any regulations that may be
made for collecting school fees, any children whose parents neglect
to pay the fees shall be received and educated. It has been and
will probably be again alleged that these clauses are inconsistent,
inasmuch as they provide for the payment of fees, and at the same
time, as it is alleged, supply a loophole for evading payment. The
question again arises, what are the objects of Parliament in
making this provision for public education? Is it to compel
the parents to pay school fees, or is it to save the children
and to make them useful members of society 1 If the primary
object which rises above all others is to educate the children,
then I say that the non-payment of fees, in exceptional
cases, ought not to be considered for a moment against the
attainment of that object. Because a drunken father or an ignorant
mother neglects to pay the fees which he or she has engaged to pay,
are their children to be deprived of education and turned adrift 1
It is said that all parents will refuse or neglect to pay the fees ; but
I say that honourable members who take this ground of objection
know nothing whatever of the character of the British
people. There is among the great masses of our countrymen
and countrywomen in the lower walks of life as fine a sense of
honour, as true an appreciation of their obligaticwis, as great a
desire to occupy a position of respect and influence, as exists
amongst any other class of society ; and I say that nine-tenths to
British fathers and British mothers who have once engaged to
248 speeches.
pay these school-fees will no more think of classing themselves
with drunkards and worthless persons for the mere purpose of
evading payment than they would of forfeiting their right hands.
Amongst the respectable portion of the working-classes and the
tradesmen of this country no person — or not one in a hundred —
will attempt to shirk the payment of these fees simply because
this provision is made for children who have disreputable
parents. To escape the payment of these fees they would have
to class themselves with these worthless persons. They think as
much of their position, of their character, of their honour, as the
nobles in the old world or the richest and most influential persons
in this. I feel therefore that these objections are perfectly
groundless, and that it will be found that the persons who engage
to pay these school-fees will pay them just as regularly as they
would if this provision did not exist. We provide education for
a class of children who require it most, because if any child
requires the intercession of the State, if any child has a claim
upon its bounty, it is the poor child whose parents neglect to
provide for him and refuse to pay the ordinary school-fees. We
thus provide in the only manner in which it is possible for
these children who, if you deny them this, will have no other
means of education. To refuse this, you simply refuse to educate
the children who are placed in the most necessitous circumstances.
You educate those whose parents are anxious to take care
of their precious intellect and develop it, but you refuse to
educate those children whose natural guardians desert them and
leave them to the fate of ignorance. I feel that the operation of this
provision will be beneficial, and that it will be followed by none
of those inconvenient consequences to which some honourable mem-
bers seem to fear that it will lead. Clause 17 provides that four hours
in each day — two in the forenoon and two in the afternoon — shall
be set apart for secular education in public schools. It goes on to
provide that one hour shall be set apart when the clergyman or other
religious teacher of any denomination may visit the school and
instruct the children belonging to his religious communion in the
faith in which it is desired that they should be trained. But there
is a proviso to the effect that if the clergymen do not avail them-
selves of this hour, the precious time shall not be lost, but shall
then be devoted to the ordinary instruction of the school. The
18th clause enaets that no applicant shall be refused admission
Public Education in 1866. 249
into any public school on account of the religious persuasion of
such applicant or of either of his parents. I imagine that no
one will object to that. The 19th clause gives power to the
Council of Education to dispense with the attendance at the
training-school and with all examination, in the case of national
and denominational school teachers now appointed, where it
may be expedient to retain these teachers in the school service ;
so that unless their removal is rendered necessary on the ground
of inefficiency they will be retained, and will not necessarily
be subjected to the inconvenience of passing the examinations.
The next clause provides for the creation in any district where
Public Schools shall be established of a Public School Board.
There is a departure from the existing plan in the creation of this
Board. At present the local patrons are appointed on the
recommendation of the community where the schools are estab-
lished. This Bill provides that they shall be appointed by the
Governor with the advice of the Executive Council, on the
nomination of the Council of Education. It is intended practically
that the persons whose names may be submitted by the commu-
nity where the school is established shall be appointed, on the
Council of Education being satisfied that they are proper persons.
It was thought that the appointment by the Executive Council
would give as it were something more of standing and authority
to the persons nominated than attaches to the present mode
of appointment. This was the only reason for the departure
from the present practice. I am aware that many excellent persons
are in favour of thege local boards being elected, but I am not sure
that any process of popular election would be so safe as the plan
proposed. The next clause empowers the Council to erect public
buildings on sites vested in it for public school purposes. The
next clause after that provides that in the establishment of new
schools or in the certifying of denominational schools the intention
of the Council shall be published four consecutive times in the
Gazette, the object being to afford the public time to remonstrate
or to offer any objection to the action proposed to be taken. I
have now got to clause 23, which gives power to the Council of
Education to sell property and reinvest the proceeds for the
purposes of public schools. The next clause simply provides for
the due preparation of annual reports. Clause 25 provides in a more
liberal spirit than any other Bill of the kind that the whole of the
250 speeches.
schools now existing shall be taken over and allowed twelve months
to conform to the provisions of the Act. In Victoria only six
months were allowed, and the schools there had to conform to
more stringent provisions. If by January 1868 the schools do
not come up to the moderate minimum of forty pupils they will
be dropped. The other two clauses simply fix the time for the
commencement of the Act and define the short title. I think
that if this Bill has the good fortune to receive the support of the
House and to become law, it will do much eventually towards
economising the public school expenditure, and ensuring educa-
tion of a higher quality by reason of raising up, I hope, a class
of trained teachers to carry on this education. I have clearly
shown that it would extend the advantages of education to a far
greater number of the children of this country. I think that its
provisions are calculated, beyond the possibility of controversy,
to extend the advantages of education to thousands upon
thousands of children who at present receive no education at all.
I trust that the measure will be considered in the same spirit in
which it has been framed — with no desire to carry out any pet
theory, with no desire to overlook the predilections of large
bodies of the people, but with an anxious and sincere desire
to ensure the administration of the Parliamentary grants so as
to provide the largest amount of education, and education of the
highest quality that we can reach, to the largest number of the
children of this country. I now offer my apologies to the House
for the imperfect manner in which I have treated this question ;
and, deeply sensible of the momentous interests involved in its
settlement, I submit it for your deliberations, not without serious
apprehension of the dangers to which it may be exposed from an
advocacy so weak as mine, but with perfect confidence that it will
receive justice at your hands. This cause connot suffer from the
feebleness of my appeal; the voices of a hundred thousand
children appeal to you and implore you not to allow any secondary
consideration to impair your generous exercise of power in saving
them from neglect and ignorance. By what you do now you may
render a service that will be felt hereafter in the aspirations of a
hundred thousand human lives — of that unknown multitude
arising in our midst who have yet to employ their faculties in
moving the machinery of society, and who for good or evil must
connect the present with the future. They will come after us, in
Public Education in 1866. 25 1
the field and in the workshop, in the school and in the church,
on the judgment-seat and within these walls — a mighty wave of
intelligence that must receive its temper from you, but whose force
you will not be here to control. I leave with you this question,
so pregnant with social consequences, relying on your enlightened
patriotism to approach it in a temperate spirit, to consider it
dispassionately, and to arrive at a decision upon it which shall
inspire the people with renewed confidence in the wisdom and
integrity of Parliament.
THE
FEDERAL & SEPARATE INTERESTS
OF THE COLONIES.
[On Saturday March 16th 1867, a number of gentlemen con-
nected with New South Wales entertained the Hon. Henry
Parkes, the Colonial Secretary, and the Hon. Joseph Docker, the
Postmaster-General of New South Wales, at dinner at Scott's
Hotel, Melbourne. After the usual loyal toasts had been proposed,
the Chairman proposed the healths of his honourable friends, the
Chief Secretary and Postmaster- General of New South Wales.
The toast was received with all the honours.]
SPEECH
Delivered at Melbourne, March 16th 1867.
Mr. Parkes said : I am sure I express the feelings of my
colleague as well as of myself, when I say that we are deeply
gratified by the kind and cordial manner in which you have
drunk this toast. We were told when we were invited to this
entertainment that the gentlemen inviting us were colonists of
New South Wales, — gentlemen having a deep interest in the
prosperity of that colony. This circumstance invests the present
gathering with peculiar interest, because we ought not to forget
— and I admit it freely and generously — that we are assembled
in the capital of another colony, which is at the same time the
greatest city in Australasia. The circumstance that we, the
members of the Government of New South Wales — the parent
of all the colonies — are met in this room in so cordial a manner
by our fellow-colonists, is one that I regard with special interest.
In returning thanks for the compliment you have paid us, T set a
special value upon this circumstance. Our worthy friend the
chairman — and I am sure you must be wise men to place this
Federal & Separate Interests of the Colonies. 253
gentleman in the chair — has told us pretty distinctly the occupa-
tion in which you are all engaged. I give our worthy friend the
utmost credit for ingenuity and good nature ; but if he expects
me to make any serious revelations regarding the land policy of
the Government, I fear he will be disappointed. If in the exercise
of his bounteous good nature he has any design of tying me to a
buggy and carrying me on to Fort Bourke, in order that I may
acquire a knowledge of Riverine interests, all I can say is, he
will not catch me on the other side of the Murray. I appreciate
his kindness but would ' rather be excused from his services.
Gentlemen, considering the few opportunities that I have had of
understanding the country with which you are more particularly
identified, considering that I have no personal interest in common
with yours, I think there are few persons who have shown more
consideration for the exceptional circumstances of the Border
districts, or more sincere anxiety to do all that can be fairly done
to place you on a level with the people of the other portions of
New South Wales. On the question of the Border duties I have
always felt very strongly the impolicy of collecting those duties along
the Kiver Murray. Years ago, before they were collected in accord-
ance with law — for nothing could be more irregular than their
collection at that time — I felt that if continued for any length of
time they would be fraught with such serious evils that it would
be better to lose the revenue than risk the danger of their collec-
tion. I have always regarded the establishment of inland Custom-
houses as a positive evil which no circumstances could to any great
extent modify or decrease, and I would rather have assented to
any imaginable arrangements than see a whole body of custom-
house officers stationed along the narrow river dividing the terri-
tory of Victoria from New South Wales. We know that the duties
entrusted to officers at a remote distance from the central authority
are seldom well performed ; but however well they may be carried
out, they must necessarily and inevitably lead to bickerings, to bad
feeling, to much of that kind of evasion of the law which, if it
goes on for any length of time, settles down into the inveterate
vice of smuggling ; and rather than see a numerous class of petty
smugglers disseminating the virus of their bad habits and dis-
affected feeling throughout society along the banks of a river like
the Murray, I would submit to almost any conceivable law. This
is and always has been and always will be my view of the ques-
254 Speeches.
tion. I expressed this view to the colonists on both sides of the
Murray when I had the honour of visiting those districts during
last year ; and I am sure my honourable colleague will say that
I did not lose any opportunity of enforcing those views upon the
Government on my return to Sydney. "With regard to distant
portions of these Australian colonies, I am one of those who
believe that where self-government can be carried out it is better
that it should be carried out. I am a colonist sufficiently old to
remember the time when the country which is now the colony of
Victoria was part of the colony of JSTew South Wales. I took
some interest in public life when the agitation was going on for
the separation of this portion of the territory. I was in this city
of Melbourne on the very day when the separation from New
South Wales was celebrated, and all my sympathies were with my
fellow-colonists in this part of the territory. I thought it was only
just to them, and must necessarily be beneficial to the whole of the
population, that they should be separated from the old colony and
erected into a separate community. Later still I was in the
Legislature of the colony when the separation of Queensland took
place, and if any one chooses to search the records of Parliament
he will find that my vote was recorded for motions previously
made in favour of the separation of that colony. I believe that
persons considerable in numbers, considerable in property, and
considerable in their industrial enterprises, who are carrying on
the work of colonisation at a remote distance of 600 or 700 miles
from the seat of Government, should be allowed as they attain to
numerical strength sufficient for the purpose — and if other circum-
stances conform to such a condition of things — to form a colony
of themselves. I have great sympathy for any class of my
fellow-colonists who are placed under the disadvantages and diffi-
culties which remoteness from the seat of Government will at all
times carry with it. I should not like to be misunderstood or to
be supposed, even by implication^ to be the advocate for the crea-
tion of a new colony to be called Riverina. However earnest some
gentlemen may be as Kiverine patriots, I am sure they will not
be displeased with me for candidly declaring my own sentiments ;
and I do think that the colony of New South Wales, within the
boundaries fixed by the Constitution Act under which we now live,
has not yet been proved to be too large. I think, before we split up
any portion of this territory, we should try better than we hitherto
Federal & Separate Interests of the Colonies. 255
have done — and this I confess candidly — to govern these outlying
districts satisfactorily and beneficially for the whole community.
I think the Government in Sydney ought to devote all its energies,
without the loss of a single year, to connecting the metropolis of
the colony with those districts by railway. I am bound to
acknowledge that one of the finest and noblest examples of states-
manship that I know of in the Australian colonies is the concep-
tion of the Victorian railway from Melbourne to Echuca, and the
vigorous action of the Government in carrying it out to completion.
I don't know who were the authors of that scheme, but I think
it was sagacious in conception, and that it has been carried out
with true patriotism ; and I give the^ colony of Victoria every
credit for its far-sightedness in this great work. But I should
like to see the Government of New South Wales do something
more than copy that example. I should like to see the parent
colony putting forth all her spirit of enterprise, and constructing a
railway to the Murrumbidgee with even double the energy of her
ardent offspring. I should go further even than this. I should
be disposed to devote all the revenue derived from those outlying
districts in the interior to their improvement. I believe it is a
sound principle to dedicate the revenue derived from the public
lands of a new country to the improvement of that country, and
that the mere expenditure incurred in carrying on the civil
government should be met by the ordinary means of taxation.
The land once alienated can never be alienated again, and the
revenue derived from that source is collected once and for all. I
think, therefore, it is a correct principle that the Governments of
these new countries should devote the whole of this revenue to
making the land more accessible for the purposes of settlement and
civilisation. I held this doctrine years ago, and I hold it still.
At all times I shall be prepared to support the doctrine with
reference to the outlying districts of the country. Our worthy
chairman has alluded to the occasion which has brought my honour-
able colleague and myself to the city of Melbourne j and I am
sure you possess that interest which intelligent men must feel in
anything which draws the colonies into closer intercourse and into
a better understanding. For my own part, I do not hesitate to
say that I regard this occasion — though I am in no sense the author
of it — as one full of interest, as one from which much may be
expected, and from which I believe many good results will
256 Speeches.
undoubtedly flow. For the first time in the history of these
Australian colonies they have all assembled, including New-
Zealand — I may say all of them, because they are all represented,
with the exception of Western Australia — with no feeling of
emulation less worthy than the desire to have the largest share in
effecting a common end to promote their common interests. It
appears to me a very important occasion ; and from my inter-
course with the gentlemen who have been entrusted with this
important mission I have formed so good an opinion of their
judgment, of their sound understanding, and of their disinterested
desire to promote the good of the entire group of colonies, to lose
sight of individual interests as far as they can be lost sight of
consistently with a proper feeling of patriotism; that, although I
am restricted from saying anything about our proceedings, I think
I may venture to say that the results will not fail to be satis-
factory to the Australian people, and productive of great good to
the Australian family. Apart from all personal interest I take in
this occasion, I think the time has arrived when these colonies
should be united by some federal bond of connexion. I think it
must be manifest to all thoughtful men that there are questions
projecting themselves upon our attention which cannot be satis-
factorily dealt with by any one of the individual Governments.
I regard this occasion, therefore, with great interest, because I
believe it will inevitably lead to a more permanent federal under-
standing. I do not mean to say that when you leave this room
to-night you will see a new constellation of six stars in the heavens ;
I do not startle your imagination by asking you to look for the
footprints of six giants in the morning dew, when the night rolls
away ; but this I feel certain of, that the mother-country will
regard this congress of the colonies just in the same light as a
father and mother may view the conduct of their children, when
they first observe those children beginning to look out for homes
and connexions for themselves. I am quite sure that the report of
this meeting in your city of Melbourne, little as it may be thought
of here, will make a profound impression upon the minds of thought-
ful statesmen in England. They will see that, for the first time,
these offshoots of empire in the Southern hemisphere can unite,
and that in their union they are backed by nearly two millions of
souls. They will see in them in reality an infant empire, and a
power which they will feel must be treated with respect, and
Federal & Separate Interests of the Colonies. 257
whose claims must receive a steady and respectful attention.
Gentlemen, I have again to thank you for the compliment you
have paid us by inviting us to this entertainment; and I can
assure you that, if it shall ever lie in my power to serve the district
with which you are connected, it will afford me a real happiness to
do so. It may be, if we can only obtain a distinct promise that
we are not to be carried to Fort Bourke, that we shall venture to
cross the Murray on leaving this city; and if we do we shall
employ the occasion to make ourselves better acquainted with
those important portions of our great colony. Gentlemen, I freely
admit the great advantages which belong to this colony of Victoria.
I give credit to its people and Government for their enterprise and
for the vigour displayed in the management of their affairs ; I
admit in the fullest degree its ample resources. But unless I am
prepared wilfully to shut my eyes, I cannot conceal from myself
that we possess a colony much vaster in territory, with much more
varied gifts of nature — a colony rich in coal, rich in iron, rich in
gold, with pastoral lands unequalled under the sun, and with wide
regions fit for nearly every kind of production. With such vast
variety and richness of resources, if we don't march ahead of all
the other colonies it will be our own blame. "We have on our
north the young colony of Queensland, which is making vigorous
steps onwards, and any man with common sagacity may see that
the more rapidly that colony advances the more will it give us a
central position in the Australian group. With our splendid
harbour, our beautifully situated city, our vast territory, all our
varied and inexhaustible natural wealth, if we don't convert our
colony into a great and prosperous nation, it will be a miracle of
error for which we shall have to answer as for a gigantic sin. I
believe in the greatness of New South Wales, and I hope there
can be no disrespect, after what I have stated, in expressing the
opinion that she will eventually be the leading colony of Australia.
I don't think that it is possible to be otherwise. If I were asked
to account for the superior progress made hitherto by our younger
sister, I should account for it simply on the ground that Victoria
has a new population, all whose energies are awakened and directed
to a precipitate progress ; while the elder colony, having a much
larger range of family life and having more stable interests, has
been more conservative in all its instincts, and more disposed to
question every new idea and every new project. But the time
258 Speeches.
will come when by the very force of enlightenment a new order
of things will arise, and the energies of our population will be
directed to a wise development of those resources that must yet
give us a splendid position in the family of the Australian
colonies.
DEFENCE OF THE MARTIN
GOYERNMENT.
[The Legislative Assembly was kept sitting in Committee of
Supply the whole of the night of the 9th January, all business
being successfully obstructed by the Opposition. At one time
attention was called to the presence of strangers, and the galleries
were cleared by order of the Speaker. The proceedings, as con-
tinued on the 10th, are thus summarised by the Sydney Morning
Herald of the following day : — " In the Assembly yesterday
morning, after our yesterday's issue had gone to press, the same
system of moving alternately motions that the chairman leave the
chair, and that he report progress, was continued until about five
o'clock, the divisions being frequent, and owing to the constant
counting of the House the division bell was kept going almost
continuously. Shortly after five o'clock the press were again
admitted to the reporters' gallery ; by that time a fresh batch of
members had arrived, and the speeches began to assume a more
sustained character. Mr. Brown and Mr. E-obertson spoke in
very strong terms of the conduct of the Government, and were
followed by other members of the Opposition. About ten o'clock
a.m., Mr. Robertson again rose and expressed a desire that some
course of conciliation should be adopted. He proposed that the
House should adjourn until three o'clock, and that in the interim
four or five members from each side of the House should meet
and try if some compromise could not be come to, or some
arrangement made to extricate the Parliament from the
unfortunate position into which it had been plunged. The
Government must do something of this kind, or they must go to
the wall ; for as they had to keep twenty members present whilst
the Opposition only needed two, they must soon be worn out.
He made an attack upon the way in which the Government had
acted during the session, charging against them that they were not
constitutionally in office, that they had not been able to carry a
single measure of importance, and that there had never been a
Ministry which had done so little public business." Mr. Parkes
rose a little before noon, having been in his place since three
o'clock the previous day.]
s 2
26o speeches.
SPEECH
Delivered in Committee of Supply, January 10th, 1868.
Mr. Parkes said : If the speech they had just heard was a speci-
men of the honourable gentleman's conciliation, he hardly knew what
shape his hostility would assume. That gentleman commenced
by taking great credit to himself for a desire to arrive at some
understanding that might be honourable to all parties and bene-
ficial to the country, and he concluded with the same senti-
ment. He was ready to believe that these were the honourable
gentlemen's real sentiments, but he must think that that
gentleman forgot the beginning of his speech before he reached the
end of it. The speech just delivered had been of as hostile and
reckless a character as any other of those which he was sorry to say
the honourable member was accustomed to deliver to the House.
He should have to say two or three things before he sat down
which would probably lay him open to the charge of glorifying the
Government. The Government had been condemned all through
the night on this occasion, as on many former ones, by honourable
members opposite. Generally it was thought scarcely necessary to
reply to those condemnations, but it might be as well at once to see
what could be said in defence of the Government. The honour-
able member (Mr. Robertson) had made his attack on three
principal grounds : — That the Government was not constitu-
tionally in office; that the Government had not been able
to carry a single measure of importance ; and that at no
time did a Government ever exist in this country which had
done so little public business. He took exception to all these as
misstatements of facts. He said that the Government was
constitutionally in office, and that the invaders of the Consti-
tution sat to the left of the chair. The present Government had
carried more important measures than any other Government that
ever existed in the country. He was one of those who did not
estimate the merits of a Government or of a Parliament by the
number of Acts they might pass. He was inclined to think that a
very large portion of the duty of Parliament is to guard against
bad legislation — that a Parliament accomplishes one of its highest
purposes and best discharges its trust when it takes care that no
positively mischievous statute is placed on the Statute Book. He
did not therefore set very great value on the mere quantity of work
done, if we were to understand the term in its gross sense. The
Defence of the Martin Government. 261
honourable member particularised some individual acts of the
Administration during this session. First, the honourable member
spoke of the proposed railway loan as if a proposal to borrow
money, submitted to Parliament and withdrawn or modified, were a
new thing in this country. Why, the Government that preceded the
present did this every session. For the fiftieth time the honourable
member made a most unfair and ungenerous attack on the honour-
able member for Northumberland (Mr. Tighe). What his honour-
able friend did on a late occasion was a strictly honourable and
Parliamentary act ; and if there was any attempt at sharp dealing,
it was on the part of the honourable gentleman who had just
addressed the House. What were the facts with respect to this
proposal to borrow three millions 1 A proposal was submitted
which a majority of the House manifested their unwillingness to
support, including many honourable members who generally
agreed with the policy of the Government. Members who had
given the Government a general, a consistent, an almost uniform
support, objected to give their sanction to this proposed loan. The
honourable member for the Clarence, the leader of the Opposi-
tion — then consisting of some twenty members — had tried his hand
at defeats of the Government, but most unsuccessfully time after
time, being in minorities of thirteen to twenty-five, twenty-one to
thirty-one, fifteen to twenty-nine, seven to seventeen, and other
similar divisions quite as overwhelming. The honourable member,
seeing this favourable opportunity of mustering his band, and
availing himself of the strength of the Government supporters,
eagerly, impatiently, and almost ravenously snatched at it to get a
victory over the Government, which would have been no victory
to him after all. As honourable members on this side of
the House intended to move an amendment, they were not
disposed to be jilted out of their purpose in this way,
and to be made use of thus adroitly to swell the honourable
member's ranks. Although they condemned this particular pro-
position of the Government, they said in efiect — '' We will be no
parties to giving a seeming victory to the leader of the Opposi-
tion ;" and thus his honourable friend for Northumberland took the
step of moving his amendment, and so forestalling the leader of
the Opposition, which was strictly in accordance with Parlia-
mentary usage and was beyond doubt a successful movement.
There was nothing in the result of that proposition that would
262 speeches.
in any way justify tlie Government in resigning. The honour-
able member then went on to the defeat of the Government on the
Land Bill. That was a defeat on which the Government might
very properly have resigned, but it was not a defeat such as to
necessitate a resignation. The honourable member asked when was
such a defeat ever heard of in the House of Commons without
being followed by a resignation? Why, every session in the
House of Commons. If he had time he could produce a score of
instances where Bills of great importance had been introduced, and
when it was found that they could not pass, had been withdrawn.
Need he go further than the great question of Parliamentary
Beform 1 Did not Lord John Bussell introduce a Bill to settle that
great question, and when he found that it was impracticable to
carry it through the House, withdraw iti And did not Lord
Palmerston do the same 1 These were two instances affecting the
greatest of all English questions ; and as the lai-ger contained the
less, it was not worth while to enumerate the smaller. So long as
Government was supported by a majority, it was for Ministers
themselves to judge whether a measure was essential to their
power of governing. The real complaint against the Government
was that it had a majority of the people's representatives. Well,
he always thought that Parliamentary government lived by
majorities. By what other means was Parliamentary government
to be carried on if not by a majority of the men elected to repre-
sent the country ? According to the honourable gentleman, we had
40 in favour of the Government and 30 against them in a House
of 70. He would not dispute the honourable member's estimate,
because after giving him all those gentlemen whom he did not
know to be in favour of the Government for certain, he might
have 30 who would at times be found to vote with him. We were
not sure that all those gentlemen would go with the honourable
member ; we knew that he had never numbered more than one-
third of the people's representatives in this House excepting on
that one occasion of the defeat of the Land Bill. It might be
that the majority did not think that the present Administration
was composed of the best men in the land, but it was quite clear
that they preferred the present Ministers to the honourable member
and his friends j and there seemed to be something not only unwise
but unseemly in any honourable member thrusting his services upon
an unwilling Parliament. What was the complaint against those
Defence of the Martin Government. 263
who supported the Government 1 It was that they attended in
their places ! For what under heaven were they elected if not to
attend there] The heaviest shafts launched against honourable
members on this side of the House consisted of upbraidings
because they attended in their places ; he should have thought in
his innocence that this was rather to their credit. Supposing it were
true that these honourable gentlemen had been asked to attend, was
there anything dishonourable in that 1 Was not their attendance
a proof of their preference for the existing Government 1 If they
had been asked to come, and in obedience to that asking had come,
had not the members of the Opposition done the same ? Was
there a single declared follower of the honourable gentleman
opposite absent that day ? We knew that every effort had been, made
to assemble the enemy, and it had been rumoured all over the
town that on the first day of meeting they would turn out the
Government. Thus the disappointment could be accounted for,
and the anger almost amounting to savagery which might be
seen in the countenances of some gentlemen opposite. The
Opposition thought that as honourable gentlemen who supported
the Government had to come hundreds of miles from their homes,
and as their friends were nearly all resident in Sydney, the chances
were that the supporters of the Government would not be in their
places ; and the Opposition were therefore impatient to snatch
what they had sought for so long in vain — a victory. They had
not got that, and he thought it was not likely they would get it just
at present. The honourable member (Mr. Kobertson) had said
certain things time after time and week after week as if he wished his
remarks to reach the ears of a certain person. The honourable
gentleman had told us that it would be unconstitutional to dissolve
Parliament twice for one Minister. He was not going to say
whether Parliament was likely to be dissolved or not. But it was
strictly in accordance with the duties of a representative of Her
Majesty to give a Ministry a dissoliition whenever they asked for
it, if in his judgment of the relations of parties and the situation
of the country such a course appeared to be expedient. It was not
that Ministers were to have a dissolution in regular turn ; but that
the man who had the confidence of his Sovereign and the country
should be allowed to appeal to the people against the obstructions
of faction. The honourable gentleman (Mr. Robertson) expressed
his hope that honourable members on the Government side were
264 Speeches.
really acting from conscientious reasons. What right had the
honourable member to doubt that those honourable gentlemen
were acting from conscientious reasons 1 Was it not possible for
conscientious men to exist without being in the keeping of
the honourable member or his followers ? And if they looked to
the honourable gentlemen who supported the Government, and the
honourable gentlemen who supported the member for the Clarence
in the course he was taking, it would be seen that they in all
respects as fairly and as largely represented the interests of the
country. The honourable member said that the present Govern-
ment had had the best support any Government ever received.
Well, if that was so, might it not be accepked as evidence
that the present was the best Government '? But he would say
that the honourable gentlemen who supported the Government
were by their standing, their character, and their services, and in
all other respects, as much entitled to be treated with the respect
which was due to all members of the House as any equal number of
men within its walls. The honourable member for the Clarence had
also indulged in some strange vagaries which he could never
comprehend about the arrival of the Prince and cocked hats.
Mental philosophers told us that the human mind was like a
storehouse, it could only contain a certain quantity of things.
And if the human mind be stuffed with frivolous things there
is no room for sound and wise things. Now, the Ministry had
never talked about cocked hats and the visit of the Prince, but
the honourable member opposite was for ever talking about them.
It was evident therefore that those things were always occupying the
honourable member's mind — that he thought a hundred times more
about those subjects than any member of the Government did.
But he thought that on such an occasion any allusion to the son of
our Sovereign ought to have been avoided. The Government had
never introduced the subject of the Prince's visit, except so far as
it was necessary to indicate their views to Parliament ; and he
should have thought it quite unnecessary to mix up the Poyal
visit with the persons who happened for the time to hold office so
much to the disappointment of the Opposition. He would
proceed to show what the present Government had really done.
Whilst he felt bound to advert to what had been done by other
Governments, he should take that course very unwillingly, because
he had no wish to mention the name of a gentleman who was no
Defence of the Martin Government. 265
longer a member of that House. When the present Ministry, for
the purpose of forming a striking contrast, was compared with its
predecessors, one could not avoid alluding to former Administra-
tions. He had just looked back over the Votes and Proceedings
to see how far his memory served him as to the course taken by
previous Administrations ; and he found that Mr. Parker's
Administration — the first which existed any length of time —
took precisely the same course that his honourable and learned
friend at the head of the present Government took upon their
first defeat on the second reading of important Bills. He had been
under the impression that Mr. Parker's Government sustained its
first defeat on the second reading of the Electoral Bill, and that the
Government immediately resigned. But he found by reference to
the Yotes and Proceedings that previous to the consideration of the
Electoral Bill of the Parker Ministry, on the 27th August, Mr.
Donaldson moved the second reading of an important Bill connected
with the public revenue — the Revenue Receipts and Payments
Regulation Bill — and was defeated by a majority of 22 to 9 ; the
same day Mr. Donaldson moved ^the second reading of the Light
Navigation and Pilot Board Bill, upon which he was defeated by
a majority of 21 to 15, whereupon Mr. Parker moved the adjourn-
ment of the House until the next day — precisely the same course
as had been adopted by his honourable and learned friend at the
head of the present Government. This defeat took place on the
27th August. When Parliament again met on the 2nd September
Mr. Parker explained to the House that as he had not failed in
carrying on the public business, he had not considered it necessary
to resign in consequence of the late defeats. An adverse motion
thereupon, moved by Mr. Cowper, was lost. Mr. Parker's Adminis-
tration was as honourable and correct in its conduct as any of its
successors. Well, Mr. Parker proceeded with the business, moving
the second reading of his Electoral Bill the same day. The debate
on this Bill was adjourned to the 4th, when the Government was
again defeated, and resigned.* If the present Government had
sustained several defeats on important Bills, they would either
have tendered their resignation, or have adopted the other course
which would have been open to them. On the resignation
of the Parker Ministry in 1857, Mr. Cowper succeeded to
* Mr. Parker, now Sir Henry "Watson Parker, accepted office as Premier
October 3, 1856, and resigned September 7, 1857.
266 Speeches.
the Government, but before he had been in office six weeks
he was defeated more than a dozen times. On tlie 16th of
December he applied for leave to introduce a Bill to establish a new
judgeship at Moreton Bay, and he was defeated on the motion for
leave by a majority of 24 to 7. And again on the second reading
of his Increased Assessment Bill, an amendment that the Bill be
read that day six months was carried by 23 to 21. Mr. Cowper's
Administration was completely studded with defeats of such signi-
ficance. Then he came to the honourable member's Administration,
and he would select only one instance of that Administration
because it so notably refuted his boastful assertion in charging
him with the abandonment of a very slight cause. A late
honourable member of the House (Mr. Buchanan) recently intro-
duced a Bill to reduce the Governor's salary, and he as minister
had voted against it. The honourable member for the Clarence
on that occasion made some observations on his course of conduct,
characterising it as an abandonment of principle, and taking the
opportunity of boasting of his own consistency, and that he
was always in favour of this reduction. Well, he found that when
the honourable member was in office a Bill of the same character
was introduced by Mr. Forster, and the honourable member then
at the head of the Government instead of voting for it moved the
previous question, the very thing for which the present Govern-
ment had been so much complained of, on which motion the
honourable member was defeated by 21 to 15, and the bill was read
a second time. Then he came to the last long Administration of Mr.
Cowper. In the sessions of 1861 and 1862 the Administration of
Mr. Cowper was, he found, defeated about thirty times. Among
these defeats were the following : — His honourable friend (Mr.
Wilson) made a motion to the effect that the appropriation by the
Government of the revenue arising from the Church and School
lands without the sanction of that House was unconstitutional, and
the motion was carried by 22 to 14. He should think that was a
serious defeat to the Government. It certainly was a distinct vote
of censure. Then he found that the Government was defeated
on a motion to adjourn the House. Mr. Augustus Morris took
the adjournment of the House out of the hands of the Govern-
ment, and carried it by a majority of 14 to 12. That was a strong
evidence of the weakness of a Ministry. And then this trouble-
some Bill to reduce the Governor's salary was brought on again
Defence of the Martin Government. 267
by Mr. Hoskins. The Bill had been tried by almost all our
financial reformers. We had Mr. Forster bringing in the Bill,
which when he developed into a statesman he soon abandoned.
During Mr. Cowper's Administration Mr. Hoskins took charge of
this pet measure of retrenchment, and the Government divided
against it, and were beaten by 34 to 7. Then the Government
opposed a grant of money for the Queen's Plate, and were beaten
on that. It was not of much consequence, but still the Govern-
ment had given the whole force of their opposition to it. Then
there was the Sales of Liquor Bill ; the House was in committee,
when the chairman reported progress and asked leave to sit
again ; an amendment was moved, and the Government was
beaten by 21 to 19, so that the Bill was lost by the action of the
Opposition. Then they were beaten on the appointment of a com-
mittee to inquire into the case of Dr. Beer, whom the Government
seemed to think had been rightly convicted. They strenuously
opposed the motion, and were beaten by 21 to 18. Then there
was the Matrimonial Causes Bill, which was precisely the same
measure in character as the Bill introduced since by Mr.
Buchanan. It was introduced by Mr. Holroyd, and on the
second reading Mr. Cowper, not directly opposing the Bill, made a
motion to refer it to a committee. That motion was defeated, in
spite of all the influence of the Government, by 25 to 14. Well,
here was a Bill to alter the marriage law of the country: if that
was not an important measure he should like to know what gentle-
men opposite considered important. Then the honourable member
for Hastings (Mr. Forster) moved resolutions censuring the Govern-
ment for the appointments made to the Legislative Council in,
order to swamp the opposition in that branch of the Legislature,
and in three divisions the Government was beaten. A message
came down giving reasons for declining to produce the correspond-
ence relating to those appointments as ordered by the House, and
the honourable member for the Hastings thereupon moved a series
of resolutions censuring the Government for its disobedience to the
House. The Government was beaten in three divisions one after
another. That was on the 29th October 1861, and would be found
in the Yotes and Proceedings of that date. Surely that was a
serious defeat. Then Mr. Dick introduced his Real Property Bill,
which the Government opposed, and was beaten by 22 to 11.
Then the honourable member for the Hastings, who was certainly
268 Speeches.
distinguislied for his JDclustry, proposed a motion ordering the
Government to convene Parliament not later than the first week
in May, and upon it the Government was beaten by a majority
of 30 to 9. Then the honourable member for Hartley (Mr. Lucas)
beat the Government, and he was young in those days. The
honourable member from that time to this had had his eye upon
the public works. The honourable member would pardon him — he
merely meant to say that he always looked after their welfare,
always took care to see that they were properly constructed. The
honourable member certainly had attended to the public works of
the country with great industry and intelligence, it might be with
great benefit to the country, or it might be that the benefit was to
come. The honourable member moved a resolution that in the
opinion of the House tenders should be called for in the colony for
all railway plant, rolling stock, and supplies of goods intended for
public works. The gentleman who now so ably filled the chair
was Secretary for Public Works, and he opposed Mr. Lucas — this
perfect baby in politics in those days — with all his eloquence and
logic, and yet Mr, Lucas carried his motion against the Govern-
ment by 17 to 12. He thought he had now given evidence that
where the present Government had been beaten once, other
Governments had been beaten a dozen times. He thought he had
proved that other Governments had staggered under a battery,
compared with which anything which the present Government had
sustained was trifling. He would now show what the present
Government had done ; and he ventured to say that they had
done more for the benefit of the country than any other Govern-
ment that had ever held ofiice. No man would deny him
the right of stating what he could to the credit of the
Government, which had been attacked so often and so reck-
lessly. He should begin with a subject for dealing with
which gentlemen opposite should be grateful to the Govern-
ment. We had dealt with the condition of the lunatics. There
were honourable gentlemen opposite who, if they ever thought of
their own future welfare, should be grateful for that service. It
had been a standing complaint with all observant and thoughtful
persons that this unfortunate class of our fellow-colonists had been
ill provided for in this country. They were ill provided for still j
but he ventured to say that they were much better provided for
now than when the present ministry entered upon ofiice ; and the
Defence of the Martin Government. 269
Bill of his honourable and learned friend, which had passed both
Houses, would when it received the Royal assent place the treat-
ment of these helpless sufferers in a far better state than it ever
was placed in before — in a position much more in accordance with
the enlightened views of the present age. The Government had
succeeded in dealing with another question that had engaged the
attention of the Legislature for some years past — he meant the
question of industrial schools. Under the recent Act they had
succeeded in establishing two schools, which were now occupied by
nearly 100 unfortunate young creatures who were formerly on the
way to crime and ruin. Honourable members must not confound
these schools with asylums for destitute children and orphanages,
These industrial schools would in all probability prevent much
crime, and save the country much cost in connexion with police
and gaols, by rescuing the children from the brink of destruction
when no other arm was stretched out to rescue them. If they not
only saved these children, but educated and trained them to habits
of industry and usefulness, the work was beyond all praise, and
reflected the highest honour on the Parliament that passed the Bill.
His honourable friend the Minister for Lauds succeeded in carrying
an Act for the regulation of the goldfields, which he understood
was working satisfactorily and beneficially. They had carried an
Act consolidating the laws relating to the Post-office, and they had
settled on entirely new principles the vexed question of the Border
duties. In the negotiation of that arrangement he thought his
honourable colleagues were entitled to the highest praise. No one
could understand the difficulty and danger of that question while it
remained unsettled, unless he had seen the state of feeling on the
spot. He was sure if the question had been left in the state in
which this Government found it, it would have engendered and
kept alive the greatest heartburnings and disaffection amongst the
Border residents. This Government had also passed an Act for
amending and consolidating the law relating to the volunteer force,
which he believed had given complete satisfaction to the volunteers,
and under which the force was likely to be very largely increased.
Then he came to the Public Schools Act. He ventured to say that
the results of that measure more than justified the warmest anticipa-
tions of its warmest friends. He believed that if it had been a
more perfect measure it would have been less successful. In his
opinion its success arose from the wise, considerate, and equitable
270 speeches.
compromise which the Act embodied. That it had been generally,
and generously, and thankfully accepted by the people of this
country facts alone were sufficient to prove. Within one year the
Council of Education under the Public Schools Act had estab-
lished 100 new schools, and the reports upon which those
schools were established showed that some of them had been
established in spots 30, 40, 60, and in some cases 70 miles away
from any other school. The Council of Education had done all
this and had savings to the amount of £12,000 to payback into
the Treasury. Talk of retrenchment — the cutting down of paltry
sums from salaries ! Was not this a wise and, he might say,
statesmanlike mode of economy 1 They had economised these
funds, while at the same time north and south and west they had
planted new schools. If he mentioned these facts, and they in
any way reflected credit on him and those associated with him in
the Government or in the Council of Education, had he not a right
to his share of the credit 1 These were some of their measures of
legislation, and he ventured to say that no Government that ever
existed in this colony could show a more honourable catalogue of
measures passed within the same space of time. He should like
to know what the honourable member (Mr. Kobertson) could show
against this long list of measures to the credit of the Government.
He had got his Land Bill ; but would his Impounding Bill
redound to his credit? Talk of bungling measures ! Was there ever
a more bungling piece of legislation than the honourable member's
Impounding Bill? So much for the legislation of the present
Government. What had they done in Administration ? When
they went into office they found the country in a disturbed
state from the prevalence of the crime of bushranging. In one
quarter of it, embracing as large a tract of country as all Ireland,
})eople were afraid to travel from one point to another in conse-
quence of armed and murderous bushrangers. The present
Government had entirely broken up the gangs, and reduced that
district to as perfect a state of security as any other part of
the Australian colonies. They had moreover planted schools in
districts where no schools previously existed, and the very brothers
and sisters of the bushrangers were attending these schools. In
Ireland there was a constabulary force of 11,000 men, which
nevertheless often failed in preserving the public security, yet this
Government with a comparatively small force had put down the
Defence of the Martin Government. 271
disorder and crime that disgraced a district as large as Ireland.
Persons might sneer, misrepresent, and calumniate, but they could
not diminish the force of facts nor take away from the Government
the credit which belonged to its members in the light of those facts.
True it was that four unfortunate men lost their lives, and the
honourable member for the Hastings had charged him with the
murder of these men. He was no more answerable for the death
of those men than the Inspector- General was for the murder of
constables in the regular force ; and if the same men had been
members of the regular force and had exerted themselves in the
meritorious way they did — though in some instances perhaps
indiscreetly — they would have been just as liable to fall victims
to the cowardly ruffians who murdered them. He had in his
hand a return showing the number of policemen on police duty
who were killed and wounded during the Administrations
preceding the present and during the present Administration. He
found that after bushranging discovered itself in this colony in
1862, there had been nineteen policemen killed under other
Administrations, and under the present Administration only five.
The unfortunate men who were murdered at Jinden volunteered
their services to the Government. For some time the Govern-
ment declined accepting them, but they pressed their services
and eventually their offer was accepted, and they were sent to the
disturbed district accredited to the officers in charge of the regular
police, and they acted with more vigour and determination than
any police in that district had done before they appeared in it.
When it was said that if these special constables had not gone
the bushrangers would have been captured, the thing was mani-
festly absurd; because the bushrangers had been committing their
depredations for three years and had not been captured. If the
Government had succeeded in the suppression of crime, he was
quite sure it was a service that would not be overlooked by the
constituencies. Then what had been done in the administration of
justice? Would the honourable and learned member for East
Sydney (Mr. Burdekin) or any other member of his profession
express a doubt as to the satisfactory administration of justice by the
present Attorney-General'? The public generally would acknowledge
that the best Minister ever at the head of the administration of justice
in this country had been his honourable and learned colleague.
If they had suppressed crime under disadvantageous circum-
272 Speeches.
stances, and restored the country to security so as to bear favour-
able comparison with other colonies, and had administered justice
to the satisfaction of all classes, what had been done in regard to
our public institutions 1 Our public asylums, he ventured to say,
were in a far better condition than when the Government took
office. Some had been considerably enlarged and altogether put
into an improved state, and all who visited them would admit the
amelioration that had been effected in the condition of the inmates.
He might take credit for some share in prison reform before he
became a Minister, for many improvements in our penal establish-
ments were traceable to an inquiry conducted by himself, and the
very regulations he found posted up in them were sent out by
him from England. The present Government had greatly improved
several of our principal gaols. But, of course, they had not been
able to do these things without money. He was hardly able to under-
stand the views of gentlemen who seemed to think all expenditure
was wasteful. He had always thought that the public expenditure
came under two distinct heads — that required for the machinery
of the Civil Government in the payment of salaries, and that
which was necessary to carry out public improvements and effect
purposes of public good. He had thought that that Government
was the most successful, and acted upon soundest principles of
economy, which spent the smallest amount in salaries and the
largest amount in promoting the public benefit. When they were
carrying out these useful objects — establishing reformatory schools,
making better provision for the insane, and improving our penal
establishments — the necessary outlay was rather a credit than a
matter of blame to the Government. His aim had been, and would
be, to diminish that part of the expenditure which went as a return
for services. He would have efficient servants and pay them well.
He did not think it wise economy to pay the public servants at a
rate below that at which private servants were paid. The paring
down of the salaries of high officers endangered the proper conduct
of large establishments, involving momentous interests. He would
prefer to employ men of talent and character at fair remuneration,
and have the smallest number employed consistent with the
amount of work to be done. In previous years people had been
employed not because their services were required, but because
employment was wanted for them, and in deference to the pressure
brought to bear in favour of individuals. He did not think the
Defence of the Martin Government. 273
present Government had done much in that way ; he was sure he
had not. He had not bestowed any situations on persons in any
way connected with himself, or in deference to the pressure of
influential people. He had ofiended friends by taking this course,
and he had refused the recommendations of the highest personages
in the country when he thought others who had no influence
were more fit for situations vacant. If they were to carry
out the improvements he had referred to, of course they could not
do it without money ; but the money was applied to the very pur-
poses for which the revenue was raised, and for purposes which
would have the unanimous approbation of intelligent men. What
was the character of the measure on which the Government
sustained its one defeat ? Did any one who heard him, any one not
entangled in the web of inveterate hostility which kept the Oppo-
sition together, not biased by the influence of those around him,
suppose that if the same Bill had been introduced by the honourable
member for the Clarence it would not have received the support of
nearly all on the other side who opposed it 1 What was there in
it detrimental to the interests of the country 1 If free selection
was good, was it detrimental to the interests of free selectors to
remit part of their purchase-money 1 If 320 acres of land be a
good thing to have, could it be said that 640 acres is a bad thing?
How could this militate against free selectors 1 He knew as a fact
that this valuable class of our colonists considered it a desirable
thing to have the residence condition abolished ; and he also knew
that supporters of the honourable member for the Clarence had
expressed to him their astonishment at his opposition to the
measure, and had pronounced it one of the best Bills ever submitted
to Parliament. He firmly believed that the Bill had been
favourably received by a majority of the country. These were
some of the things accomplished which the Government could
show, not by a mere parade of words, but by a statement of the
facts. What was the situation of the Government in relation to
the Opposition in this House 1 Had they been wise enough to
leave the Government to its defeat on the Land Bill, that would
have been a defeat which he admitted would have weakened
the Government. But the Opposition at once brought forward
a vote of want of confidence which at once gave the Govern-
ment a majority of ten. No doubt we might have resigned
when we were beaten on the second reading of the Land Bill;
T
274 Speeches.
but when we received this vote of confidence immediately after-
wards it was impossible to resign, unless we were prepared to
abnegate our constitutional functions. To allow ourselves to be
dictated to by a minority would have been simply abandoning
the constitution of the country. From that time to this we have
had majorities, and if the whole Assembly were present we
should still have a decisive majority. With this large majority,
larger than often carried important measures in the House of
Commons, were we tb dissolve the House? With this majority,
in all respects equal to the Opposition — in birth, in education, in
social standing, in property, in intelligence, in everything that
gives consideration to a citizen — were we to think of tendering
such ad\dce'? All the instincts of Englishmen understanding
constitutional government were with us; with the gentlemen who
opposed us there was nothing but the desperate frenzy of
unreasoning faction. There was an evidence of that in the
proceedings of last night. In the fifty divisions that had taken
place there were three to one in favour of the Ministry, and yet
the Opposition consumed the whole night in obstruction. When
did the House of Commons disgrace itself in such a way 1 When
had it so far forgotten its high duties, its high character, its high
mission as to descend to anything like that 1 We were asked to
give way — and this showed the beggarly character of the Opposi-
tion — because, forsooth, they could parcel themselves out in relays,
knowing that if the Ministry did not keep a quorum together
they could break up the House. They told us that they could
weary us out in that discreditable fashion. But the high capa-
city of Parliament was equal to meet even such an emergency.
The minority must submit to the majority. A great deal had
been said about going to the country. None of those gentlemen
who supported us need fear going before their constituents.
The honourable member (Mr. Robertson) had submitted a pro-
posal to the efiect that the House should adjourn for a short
time, iji order to allow some six or seven members from the
Ministerial and Opposition ranks to hold a conversation, and
to see if they could not arrange some sort of agreement. He had
nothing whatever to say to that proposal. The honourable and
learned member at the head of the Government was in his place,
and he might pronounce his opinion upon such a novel pro-
ceeding. But he did not think that the proceedings which he had
Defence of the Martin Government. 275
only faintly characterised, or the support of the gentlemen whose
confidence we have the honour to enjoy, would counsel us to
become a party to any such arrangement.
t2
THE PUBLIC SCHOOLS ACT
AND THE
FIRST YEARS OF ITS ADMINISTRATION.
{From January 1869 until the end of 1870 Mr. Parkes filled
the office of President of the Council of Education, and during
this period he was frequently invited to take part in laying
the foundation-stones and the opening of Public Schools. The
following speech is selected from those delivered on such
occasions.]
SPEECH
Delivered on the occasion of opening the Public School at Dundas, near
Parramatta, 4th September, 1869.
Mr. Parkes said : I do not think it an unimportant event, the
opening of this schoolhouse, though the ceremony is not attended
by any circumstances of great display. We have met in a very
quiet neighbourhood — a neighbourhood which is not susceptible of
much excitement, happily for the neighbourhood itself — and we
have met about a business which calls for no excitement; and
I think it ought to be accepted as an evidence of the great
interest taken in the work in which we are engaged that so many
persons are assembled here to-day under circumstances so quiet
and unattractive. We are not doing anything calculated to
challenge the admiration of the world, but we are, nevertheless,
doing one of the most important things that can at any time be
done in a state of civilised society. We are endeavouring to
supply the means of sound instruction to those who, in a very few
years, are to constitute the strength of the country. We know —
all of us by rather bitter experience — that time stays for no one.
Those advanced in years present to-day will soon be gon« from
amongst usj those assembled in the full vigour of health and
The Public Schools Act, &c. 277
strength will pass away, and these little ones will become the grow-
ing nation that we have been. Though it is a silent work — a work
from which no one can derive any great amount of reputation — a
work from which no one can derive anything but the consolation
of doing a little good — yet it is, nevertheless, a great and holy
work to try to educate this rising generation. I think all praise
is due to the gentlemen resident in the locality who have gone
about the business resolute that it should be done. "We may
fittingly congratulate them that the school is about to be opened,
and we may congratulate the parents that it is to be opened
under the auspices of gentlemen who, by the evidence of zeal
given, convince us that they will still watch over it.
I am desirous on this occasion to say a few words giving
something like a connected review of the course of education since
the present law was passed, and giving also, so far as I am able,
a faithful exposition of the law itself. I have never, though I
have had many opportunities of speaking on occasions of this
kind, taken this particular range of my subject ; but from various
indications of a confused notion abroad as to what the law really
is — as to what the public school system of this country really is —
this confused opinion being no doubt to a great extent propagated
by misrepresentations in some quarters — it seems to me not only
quite justifiable, but expedient and very desirable, that some clear
and faithful exposition* of the present system should go forth to
the country at the present time. Now the Public Schools Act, as
we all know, became law towards the close of the year 1866. Pre-
vious to its enactment two educational Boards existed in the colony,
which had existed at that time nearly 20 years. One of those
Boards, under the name of the Board of National Education, was
incorporated by law, and charged with carrying out a system of
public instruction analogous to the national system of Ireland.
It may be gratifying to many on this occasion to know that this
system arose upon an inquiry into the state of education in this
colony, conducted by a gentleman then resident among us, and now
one of the most distinguished men in England — I mean Mr. Lowe,
the present Chancellor of the Exchequer. This Board of National
Education, if I remember rightly, was composed of the late Mr.
William Sharpe Macleay, Dr. Nicholson, and Mr. Plunket. These
gentlemen, from the liberality of their views and their great
acquaintance with the subject of education, were perhaps the
278 Speeches.
most acceptable of any that could have been selected to carry out
this important work. The other Board, which went by the name
of the Denominational School Board, was not constructed under
any Act of the old Legislature, but was simply established by the
authority of the Governor and the Executive Council ; it was
charged mainly with distributing the public grants to the
various denominations. Whilst one Board was charged with
introducing a system of instruction and carrying it out in all
its details, the other was practically the means of distributing
the public moneys to the various denominations, leaving the
denominations themselves to conduct education pretty much as
they thought fit. These were the two Boards of Education
in existence up to the end of 1866. Though very much good
was done by these two bodies, still a great deal of dissatis-
faction existed in the public mind, which became evident at
difierent periods in different ways ; so much so that various efforts
were made for a number of years to pass legislative measures
entirely reconstructing the machinery of education. I do not
remember at this moment all, but I think not fewer than four or
five Bills were introduced into the Legislative Assembly in order to
remedy the defects in the systems of instruction under the two
Boards ; but each of the measures successively failed to become
la.w. I am not going to say a single word in the form of criticism
upon one or other of the organised authorities that formerly
existed, or of the education carried out by them. I have just
alluded to their existence in order to present to those who hear me
at the present moment the leading facts regarding the state of
things existing previous to the legislation of 1866.
I find by the reports for 1865 submitted to Parliament by the
former Educational Boards (the last year previous to their disso-
lution) that there were then in existence 268 national schools,
and 351 denominational schools — making a total of 619 schools.
The national schools contained 18,126 pupils, and the denomina-
tional schools 35,396 pupils — making a total of 53,522 pupils.
Thus you have the results of former efforts up to the time when
the present law came into operation. I find by the report of the
Council of Education for last year that this body had under its
authority 459 public schools, provisional schools, and half-time
schools, and 289 denominational schools — making a total of 748
schools. The number of children attending the public, provi-
The Public Schools Act, &c. 279
sional, and half-time schools was 37,990 ; the number of children
attending the denominational schools was 35,980 — making the
total number of children attending the schools under the Council
last year, 73,970 ; and showing an increase of pupils during the
years which these figures represent of not less than 20,000. As
far as these general figures can show, that is the work which has
been done since the year 1865.
It is extremely difficult for me to speak of the present law as I
should speak if I had not been so intimately connected with it,
because persons not very charitably inclined will attribute any
praise of mine to a desire to praise myself in connexion with the
measure. But still all fair-minded persons will admit that I have
a perfect right, and that it really is my duty, to show what has
been the actual working of the Public Schools Act and what are
its indisputable features. That measure I think has, beyond
contradiction, received the support and approbation of the country.
We have the evidence here to day — and we can go to no part
of the colony where we shall not find similar evidence — of its
having been accepted by the people of this country simply because
all who think on this important subject of instruction believe that
it affords the best means for training their children up to
become useful and respectable men and women. That is the
reason why it meets with approval. But notwithstanding the
general approval the measure has received, I am not unaware
that it has its enemies. I am not insensible to the fact that
persons of fair and benevolent dispositions — persons sincerely bent
on doing the best they can for the country, even for the cause of
education — believe the measure to be in many respects defective ;
and I am inclined to think that nearly all the opposition that
proceeds from this better class of people is based upon a misappre-
hension of what the law really is. And without attempting to
distort any fact or to give a high colouring to any fact, I am
desirous of showing what actually are its provisions. This cannot be
done except with a good deal of tediousness ; and I must beg the
forbearance and consideration of my audience while I hastily
examine this Act of Parliament.
The Public Schools Act of 1866 is a short measure of 32 clauses.
Some of the early clauses — the 2nd, 3rd, and 4th, I think —
are devoted entirely to the abolition of the Boards which previously
existed. By the 1st and 5th sections of the Act the Council of
28o speeches.
Education is appointed. The 6th section is important, as it
defines the powers given to this Council. In the first place the
Council of Education is entrusted with the expenditure of all
sums of money appropriated by Parliament for elementary instruc-
tion. Secondly, authority is given to the Council to establish and
maintain public schools ; the words I use, to " establish and
maintain," are the words of the Act. Thirdly, the Council of
Education has authority ^*to grant aid to" certified denomina-
tional schools, and here again I give the exact words of the Act ;
the Council is not authorised by Parliament merely to establish and
maintain them, but to grant aid to them. Fourthly, it has authority
to appoint and remove teachers and school inspectors, and it has
authority to frame regulations which by the seventh section have
the force of law if not disallowed by express resolutions of both
Houses of Parliament. Here again I have been particular to give
the precise language of the Act. The Parliament has deliberately
given to this body the power to frame regulations which if not
disapproved, not simply by the vote of the Legislative Assembly,
but by express resolutions of both Houses of Parliament— will
have the force of law — will be as much law as any part of the
statute. The Council has authority given to it under the statute to
do all matters necessary to be done in carrying out the provisions
of the Act, so that if anything was unintentionally omitted, the
Legislature has gone so far as to give to this body the large
authority to repair the omission. I think it will be seen therefore
that the Legislature intended to give this body the most absolute
and independent power to carry out the work of instruction
without interference from any quarter whatever; that though respon-
sible to the Executive Government for any dereliction of duty or
abuse of power, and responsible to Parliament if Parliament should
see that anything in the law requires remedy — responsible in this
general sense to the Executive and to Parliament — the Council
possesses the power, and was intended to possess the power, to do
everything in the most independent way for the promotion of
education. But what was the intention of Parliament in giving
these large powers to the Council of Education % It is expressly
declared that this complete authority was bestowed upon the
Council in the first instance to define the course of secular
instruction; secondly, to provide for and ensure the training,
examination, and classification of teachers ; thirdly, to cause a
The Public Schools Act, &c. 281
proper examination of the scholars j fourthly, to establish a system
of discipline to be enforced and observed — not simply enforced
upon others, but to be observed by those who enforce it
throughout the public school system. These important powers
were given to be exercised independently and without interference
of any kind, so long as they are not abused. I shall have to
return to this clause — and I have been dwelling for the last few
minutes upon the sixth section — in the course of what I have to
say, but I now pass on to the leading principles of the Act. The
7th clause provides for the legal validity of any regulations which
the Council may have occasion to frame ; and section 8, one of the
most important clauses of the statute, gives the Council of Educa-
tion direct power, where that body is satisfied upon inquiry that
twenty-five children will be found to attend a school, to establish
and maintain a public school. The clause is very short, but it is
exceedingly important. There is no authority under the law that
can determine where this thing is to be done except the Council of
Education. Wherever twenty-five children can be found to attend
a public school the Council has power from the Parliament to
establish and maintain a public school, having by inquiry first satis-
fied itself of the facts. Passing on to the 9th section of the Act,
which is the one most generally misunderstood, we find that it is
there enacted that it shall be lawful for the Council of Education
to certify denominational schools under certain conditions. In any
locality where a public school may be established with an attend-
ance thereat of not less than seventy children, a certificate may
be granted to a denominational school at any place not less than
two miles distant and within a distance of five miles. We have thus
seen that Parliament in considering this subject empowered the
Council, upon its own inquiry, to establish a public school where
twenty -five children could be collected to attend it. It has no
authority to establish a denominational school at all ; but it is
enacted that it shall be lawful for the Council to grant a
certificate to the denominational school, under the conditions
named, which has a regular attendance thereat of not less than
thirty children ; showing that the Legislature was determined
that the public school in the locality should not be interfered
with until there were seventy children in attendance — seventy pupils
being, as we all know, sufficient to support a teacher in tolerable
circumstances of comfort. But even then some one else must
2^2 Speeches.
establish this denominational school. It must be brought into
existence by private effort. If there are any persons belonging
to the Church of England, or to the Roman Catholic Church, or
to any other denomination, who think so much of the value of
religious teaching being combined with secular instruction that they
wish it introduced into their school, they must, as evidence of their
sincerity, set to work and establish the school themselves; and
they must have thirty children in attendance there in addition
to the seventy attending the public school before the Council
is authorised to grant a certificate. So that there must be at the
two schools not less than one hundred children — seventy at one,
and thirty at the other. If this new school which it is supposed
some religious people are anxious should be established in addition
to the public school, is within two miles of the public school, there
must be no fewer than 120 children attending the two places. The
Legislature clearly comprehended that a child within two miles of
a public school could easily attend that school, and so while a deno-
minational school within five miles of a public school may be certi-
fied when there are only seventy children at the public school and
thirty at the denominational school, still if it is within two miles
the number is increased by twenty, and there must be at the two
schools together 120 children. By the original Bill the number was
considerably more — I think 200 children; but in the passage of the
measure through committee, this number was reduced by amend-
ments in favour of denominational schools to the number I have
indicated — that is 120. This being so, it is beyond all question
that the intention of the Legislature was to make the first schools
in the colony public schools to be established and maintained by
law; and that denominational schools should only come into opera-
tion when there was room for them in addition to the public schools;
and that then they should in no sense be established by authority,
but that aid should be granted to them only after they had been
established by zealous persons who might think them desirable. But
in this 9th section of the Public Schools Act, which enacts that it is
lawful for the Council of Education to grant aid to denominational
schools, there is an important provision which I wish to point out
to this meeting. It shall be lawful to certify the denominational
schools only on one condition which is contained in this proviso —
that they shall be subject to the same course of secular instruction,
to the same regulations, and to the same inspection as the public
The Public Schools Act, &c. 2^3
schools j with such modifications — not being inconsistent with the
express provisions of the Act — as may be judged to be expedient
by the Council of Education. This shows conclusively that in
these denominational schools aided by the public money, as well
as in the public schools established and maintained by the public
money, it was the intention of Parliament that the course of the
public instruction should be entirely in the hands of the Council
of Education. It shows that the course of secular instruction —
teaching the children to read, write, cast accounts, and understand
their own language, in all of which there is no religious principle
involved — was intended to be alike in both classes of schools and
for all children, let their religious faith be what it may.
I now wish to call attention to the particular objects defined by
Parliament, to which the Council of Education has to direct its
very large powers. 1st. To prescribe the course of secular instruc-
tion which, as I have already shown, is alike in both classes of
schools. 2nd. To adopt means for the training, examination, and
classification of teachers. 3rd. To ensure the due examination of
scholars, and to establish sufficient discipline. It is clear enough
from a consideration of these definite objects of the public school
system, that Parliament was resolved that in future the education
of this country, so far as it was assisted by public money, should
be efficiently conducted ; that it should not be left to chance in
any way whatever; that the school-houses should not only be
constructed on the best plans to promote the health and comfort
of the children, but that the persons, men or women, sent into
these schools to instruct the children should be properly instructed
themselves. It is as clear as if it had been said in so many words,
that the Parliament of the country was determined that there
should be no longer any man or woman receiving the money of the
State to instruct children without some guarantee that they under-
stood what they were doing, and that they were fully sensible of
the responsibilities of the task they had undertaken. It is no part of
my purpose, nor would it be consonant with my feelings, to dwell
at length on a former state of things, but in order to make myself
thoroughly understood it is necessary to advert to a time when
teachers in this colony, paid from the public Treasury (which
means being paid by your money), were appointed to schools for
no other reason than that they were the proteges of ministers of
religion, or because they were unable to earn a living in any other
284 speeches.
walk of life. Numerous cases have come within the knowledge of
every person at all conversant with the progress of education here,
of men having been appointed to schools, the only motive for
whose appointment being a desire to do them a good service. Of
course we all like to see people benevolently inclined and anxious
to assist their neighbours, but let them assist them at their own
expense. Because they wish to benefit some poor dependent who
has been unfortunate, that is no reason why their protege should
be appointed to teach our children when he needs the hands and
perhaps the cane of the schoolmaster upon himself. Parliament
has decided that this shall be so no longer, and the Council of
Education has to see that all teachers are properly educated for
the business of teaching. The objections to which I have
adverted — the objections to incompetent persons being appointed
to the office of teacher — do not simply apply to persons of inade-
quate attainments. Men may be even accomplished scholars and
yet utterly unfit to teach little children; they may be highly
educated and yet have none of that aptitude, that patient power
of control, that peculiar sense of responsibility to parents and to
society, which are necessary in the management of children.
They may know nothing of the varying forms of development
of the human mind, but without some knowledge of the capacity
of the mind to receive instruction no man or woman can teach
little children. The Council have to teach them the art of teach-
ing, and they are classified, not simply upon their ordinary
educational attainments, but upon their skill in teaching. A
knowledge of history and science, classical learning, the gift of
poetry, the accomplishments of the orator, are useless in the
vocation of the teacher unless the teacher himself knows how
to teach children. That he is skilled in teaching is one of the con-
ditions upon which the teacher now receives his status in the school
service of the country. It is utterly impossible to over-estimate
the amount of advantage resulting from this one provision,
because, so far as I can understand this question of education,
it is an admitted law among educators that there can be no good
school anywhere without a good teacher. You may build a nice
building in the most salubrious position possible, and provide
ample funds for maintaining it, but unless the teacher under-
stands his work you will have no good school ; and I am happy
to think, from my slight knowledge of the teacher of this school,
The Public Schools Act, &c. 285
that the parents here are likely to have a good school. I was
privileged to distribute the prizes at Pennant Hills last year, and
was struck with the excellent condition of the school, the pro-
ficiency of the pupils, and the evident desire on the part of
Mr. Sharp and Mrs. Sharp to do their duty by their charge.
I am happy to think you will have a good school, because the
Council has appointed teachers in whom they have great con-
fidence. By the 15 th section of the Act it is provided that the
Council of Education shall establish a training school or schools
for the education of teachers, who shall be classified according
to their attainments and skill in teaching : that is part of the
statute. Not classified according to their attainments alone,
but "according to their skill in teaching;" and these trained
teachers shall receive certificates entitling them to correspond-
ing grades in the school service, the course of training being
purely secular. Well, the Council has established a training
school in Sydney, where this provision of the law has been
carried out with great impartiality, and with no inconsider-
able amount of success, though not with all the success which
the Council could desire. By the 21st section of the Act
the Council of Education, notwithstanding the provisions to
which I have alluded for the training, examination, and
classification of teachers, are empowered to dispense with the
examination and attendance at the training school in the case
of old teachers under the former systems, where it is considered
expedient to do so. It has been already pointed out that national
schools and denominational schools existed in the country for
nineteen years previous to the passing of the Public Schools Act,
and in any case where a teacher entered upon his duty upon
the first establishment of those schools and was 30 years old
then, he would be fifty years old now, and it would be almost
cruel to compel these people — old men, women, perhaps, with
grown-up daughters — to attend at the training school. They
have reached an age when the mind is frigid, when it is no longer
pliable, and capable of being moulded. Under these circumstances,
power was given to the Council to dispense with examination
and attendance at the training school in any case where it should
be considered expedient to continue such persons in charge of
schools. This shows the liberality of the Legislature in entrust-
ing so much indefinite power to the body which it was about
286 Speeches.
to call into existence. It shows also the consideration and
justice of the Legislature — and perhaps I may be pardoned, as
a member of that Legislature, in pointing out any of its good
qualities — which I am obliged to admit are not too many; it
shows the consideration of the Legislature in not compelling
these comparatively aged people to go to the training school
when they were not able to go there. There are cases where
persons, though not trained in accordance with the modern
notions, in accordance with those maxims which as embodying
general principles are considered necessary, may nevertheless
from aptitude and general disposition and fondness for their
calling be pretty good teachers ; and in cases where the Council
of Education are satisfied of the teachers' efficiency^ and where
it would be a great hardship to pass under training, the teachers
are exempted, in conformity with this provision. But it will
be seen, I hope, that this in no way affects the school service
to be built up in the colony. All young people must undergo
this training ; and they can only receive their places in the school
service, which entitle them to receive corresponding salaries,
by reason of their merit; and thus though we have the power
to exempt some of these teachers belonging to past systems,
that in no way affects the service of the future. Hereafter the
teachers will be a body of men and women trained for the
profession of teaching, admitted to the several grades of the
service by their merits alone. There will be no royal road
to the school service. No man — from the Prime Minister
downward — will be able to get a boy or a girl made a teacher
unless he or she is qualified for the calling. Perhaps at this
stage it is as well for me to say that no member of the
Council of Education has ever from first to last attempted to
exercise the slightest personal influence whatever in any of these
appointments. Appointments are made by such a machinery,
based upon the regulations framed, that an unknown boy of the
poorest parents in the colony would have just as fair a chance of
attaining a position in the service as the son of the Prime
Minister of the country. The 23rd section enacts that no money
shall be expended by the Council of Education upon any building
unless the site of such building be vested in the Council for the
promotion of public schools. We have recently heard in the pro-
ceedings of public bodies complaints put forth by ministers of
The Public Schools Act, &c. 287
religion, that it was very unfair that the denominational school
buildings should not receive the same amount of support by the
expenditure of public money upon them as public school buildings.
Even the persons who put forth these complaints must I think
acquit the Council of Education of all unfairness, because the pro-
vision of the statute is clear beyond all possible question that the
Council has no power whatever to expend a single shilling of the
public money upon denominational school buildings. But I think
the provision of the Act is in itself essentially just. The public
schools of the colony, this house just erected and all other public
school-houses throughout the colony, are the property of the State.
They are the people's schools, they remain the people's property —
that is, accepting the Government as being merely the custodian of
the people's property, the people's money, and the people's law.
These schools, built chiefly by contributions from the public
revenue, remain the property of the State or of the people ; while
the denominational schools belong to the churches as private pro-
perty. Why, therefore, should the money contributed by the people
of the country be expended upon private property 1 In expending
it upon the public school premises it remains the property of the
State, and the justice of the principle is clearly manifest. During
the nineteen years that the late Denominational Board existed it
must have received little short of £200,000 of the public money.
Very large were the proportions of that money expended upon
denominational school-houses, and I think some of it was expended
on chapels also, which it would not be difficult to prove. All these
many thousands of pounds have gone to enrich the denominations,
while the money expended upon the national schools remains in
the form of public schools, which are still the property of the State.
From one end of the colony to the other, from the borders of
Queensland and the sea to the borders of Victoria and South Aus-
tralia, the people have their school-houses, built with their own
money, and remaining their own property.
I think I have shown that it was the intention of Parliament
that the Council of Education should have independent and abso-
lute authority in the matter of education, subject to the control
and correction provided by the Constitution, as all other depart-
ments of the Government must be. If the Council should so far
forget its duty as to abuse its high powers, it is open to the
Executive to remove its members ; and I hope the Executive will
288 Speeches.
at all times be alive to the fact that it is its duty to remove the
members the moment there is any abuse of the' kind. But so
long as that body acts within the law and discharges its important
functions within the letter of the law, its authority is absolute
and independent ; and it was intended by the Legislature that it
should not be crippled by any interference whatever. It is
apparent, I think, so far as I have proceeded, that the class of schools
to be promoted under the direct authority of the State were to
be public schools. Whyl We know well enough that certain
persons have charged these schools with being godless schools.
We know well enough that certain other persons who have been
conspicuous in advocating this system have been aspersed as
persons indifferent to religion ; but we know also that these are
mere devices of the enemy — that when men fail in argument they
turn to abuse ; when they cannot depend upon simple facts
supplied by the course of circumstances, they commence inventing
facts for themselves. I do not believe for a moment, nor do
others believe, that it was insensibility to the interests of the
Christian religion which inspired the Legislative Assembly and
the Legislative Council with the firm resolution that the class of
schools to receive the direct sanction of the State should be these
public schools. If there is one characteristic of a deliberative
Legislature more apparent than another it is its ultimate action
upon the common sense of the country in which it exists. There
may be in the Legislative body men of high imaginative powers ;
there may be visionaries ; there may be transcendental philosophers ;
there may be very stupid people — and generally the electors
manage to collect specimens of each of these classes. However
visionary or fantastical some may be ; however blind in ignorance
others may be ; the result of the friction of mind and the pressure
of public opinion, and of that continual dread of the adverse vote
of a constituency, will grind down their opinions into the groove of
common sense ; and what they find is the common opinion and
feeling of the country that, after much piggish resistance and some
curious episodes, they will adopt. The recent determination of
the Legislative Assembly to enact that these schools should be the
schools of the country — the first to receive support from the
public revenue — was because they were seen to be the best, and
the most acceptable to the common sense of the country. It is
common sense to understand that in a community where there
The Public Schools Act, &c. 289
are only twenty -five or thirty children to be instructed, you may
instruct them altogether ; but if four or five denominations were
determined to have their own schools, with seven, ten, or twelve
children in each, it would be perfectly impossible for the State to
provide the four or five teachers that would be required to instruct
them. It is no question of hostility to any religious sect ; but it
is a question of common sense. We can have one school where we
cannot have two or three. When a community is larger and the
children all attend one school, you can have an efficient teacher
and can afibrd to pay him well ; and the efficient teacher will only
go where he can be well paid. A large school can give a better
income to the teacher than a small one ; and a person of ability
will be attracted to the large school, which his ability will not fail
to make still larger. You will not find any person — an artisan
or a professional man — who will give his services for a guinea if he
can get five guineas. I should like to see if you could tempt a
lawyer in that way. It is clear that you will get better teaching
where there are one hundred children taught together than you
would get out of three or four teachers if the hundred were
divided into schools of twenty or thirty children each ; so that
here again it is a matter of common sense. The circumstances of
a young country are particularly powerful in rendering this a matter
of obligation upon us. The scattered state of the inhabitants
gives us numbers of cases where, if we had not a school to which
all the children could go, we should have no school at all. Some
applications made to the council are of such a startling character
in their surroundings that they often strike me with astonishment.
We have had applications for the establishment of schools in places
where there were no schools — within how many miles should you
suppose 1 Under the law the distance of the nearest existing
school has to be stated in the application, and I remember one
case in which the nearest school was said to be seventy miles
away. I don't think any mother would care to see her little boy
or girl going seventy miles to school. This shows the necessity for
economising the public money, and the wisdom of establishing
schools which will be open to children of all religious professions
and of all grades in society. But it is said that this is a godless
system — that it is a system antagonistic to religion. There was
one gentleman, a most worthy gentleman, the other day at a Bible
meeting, of all places in the world — a place where one would
290 Speeches.
think people should confine their attention to the advocacy of the
Bible — who moved an amendment to a resolution to the effect that
no more Bibles were required in this country, and the reason he
gave was that there were no Bibles in the public schools. That is
the most remarkable logic I ever heard of. If this gentleman's
assertion were right, the deduction should be that more Bibles are
wanted. His deduction however was that no Bibles at all are
wanted. I think that all attempts to cast this cruel stigma upon
he public schools must be futile in the opinion of any inquiring
mind. What are the facts 1 Under the law of the country it
is provided by an express section that one hour every day shall
be set apart for the teaching of the Bible, that is if our religion
be the teaching of the Bible ; and while that is the law — not a
matter that rests with the judgment of the teacher or the
inspector, or the Council, but part and parcel of the law itself —
what becomes of the attempt to cast this cruel and unjust stigma
upon the system ? Any clergyman can come into this school and
collect the children of his denomination and instruct them for a
whole hour, every day they are in attendance. But not only
so ; among the books prescribed as books that may be used in the
schools themselves, there are Scripture lesson books containing the
cardinal truths of the Christian religion — books which have
obtained the sanction of distinguished men, including that wise
and venerable prelate, the late Archbishop Whately. And when
this is the case, how completely contemptible is it to attempt to
attach such a stigma to this class of schools ! I had an oppor-
tunity of understanding what is really meant by some of these
objectors a few evenings ago. I was present at a meeting where
a clergymen of the Church of Eogland stated, not in direct terms
but, what is worse, by inference, that the public schools were
training children without the Bible. I ventured — I thought it
my duty not to sit silent and hear such an observation made — to
make some such explanation as that which I have just given.
This gentleman then asked me whether the Bible was a class-book,
and I said " Certainly not ; it would be a most inconsistent thing
— in this age so filled with the spirit of liberty — to force the Bible
upon persons who do not believe in our version of the Bible." The
gentleman replied — "There you go, pandering to the Eoman
Catholics." It is a new thing for me to be accused of pandering
to the Roman Catholics. But I saw what was meant, This
The Public Schools Act, &c. 291
gentleman would in his liberality force his Bible down the throats
of those who refused to have it. He would force his tenets upon
people who objected to his tenets. He would return to the times
before the Catholic Emancipation Act. Children of any religious
faith, however strong their parents' convictions may be, may
without danger attend these public schools. There need be no
fear that their faith will be trifled with ; there need be no
fear that they will have forced upon them anything dangerous to
the religious convictions in which parents desire their children to
be brought up. I think the duty of giving religious instruction
to these children rests with the parents and their clergymen,
and that the proper supplement to the public school is the Sunday-
school. I think a child is more likely to grow up a devout member
of the Church of England or the Church of E-ome by learning his
religion from his father and mother, and receiving his religious
teaching from the authorised religious instructor — the clergyman.
The schoolmaster has enough bo do in teaching the children to read
and write, to understand accounts, to become good citizens, able
to perform their duty to society; and so long as he does that in a
spirit consistent with the Christian religion he does his duty, and
we should never throw upon him the work which properly belongs
to the clergyman.
It must be abundantly clear, I think, that the course of
instruction sanctioned by the State is to be secular, unsectarian,
so that all children can be partakers of it. What right would
the State have to direct the religious instruction of children 1
The Administration of the day is composed of five or six persons,
and it would be a diflicult matter always to ascertain what the
religious opinions of these persons are. What right has it to
interfere ] But it has a right, and it is its solemn duty, to see
that the children of this country are so instructed that they may
understand the laws, and be competent to take an intelligent part
in the work of civil society. We know that education will not
always make good men and women, but how can we expect any
man to obey the laws if he have not sufficient knowledge to com-
prehend what they are 1 It is the duty of the State therefore to
see that children are properly instructed to know their duty in
order that they may properly perform it. It is, I think, quite clear
that it was the deliberate intention of the Legislature that this
secular instruction should be given to children by properly
u2
292 Speeches.
trained teachers. It is clear, I think, by the provisions of the
Act I have already specified, that the Legislature intended that
both classes of schools should be under periodical inspection — that
it was not enough to supply school-houses properly arranged and
constructed, to supply teachers properly trained and classified, but
that the ability to teach could only be kept up by having persons
constantly in watch over these schools. We provide for the
regular inspection of the schools, because we all know how
prone human nature is to relapse into indolence and neglect.
It is no reflection upon the teaching profession to say that,
after starting upon his work, the teacher's zeal may give way
under the various temptations presented to him. These teachers
are surrounded by temptations like other men and women,
and may from various causes, from domestic discomfort or
family bereavement, or from any one of a hundred other
circumstances, relapse into a state of indifierence destructive to
their schools. The Legislature determined that it was not
enough to supply good teachers and good school-houses, but that
inspectors must be appointed to see that the teachers do their
duty, and that the schools are kept full of life and activity. It
is clear, I hope, from what I have already said, that so far as the
money of Government is expended, there is to be no distinction
between the public schools and the denominational schools —
that is, that the same course of instruction must be pursued in
both — that both must be subject to like inspection, and that the
teachers in both must be properly trained. The Council has had
no end of difficulty in carrying out the intentions of the Legis-
lature. Clergymen who formerly appointed teachers think that
they ought to do so now, and we have the greatest difficulty in
persuading them that the power rests in the Council alone. Not
that the Council desires to interfere in any irritating manner
with these gentlemen, but because it is its duty to obtain
results for the expenditure of the public money. We are con-
tinually compelled to write polite letters — and we are a most
polite set of men — to tell these clergymen that they have over-
looked the authority of appointment. We have received time after
time intimations to this effect — that some rev. gentleman has
appointed a teacher and that we must confirm the appointment.
We have to tell him that there must be some error, that he has no
power to make any such appointment ; yet still he likes to exercise
The Public Schools Act, &c. 293
the patronage to which he lias been accustomed. It is fortunate
for these schools that he has not the power ; fortunate even in
his own sense, because if ministers of religion had the power of
appointment, I think that the efficiency of the public schools would
soon drive their denominational schools out of the field. I think
the efficiency of the denominational schools is now being kept up by
the power of appointment being in the hands of the Council, which
appoints only good and properly qualified teachers. By this means
some of them are coming into competition with our public schools,
because they have teachers trained in the ordinary way under the
Council. But if the denominational schools are preserved to
compete with the public schools they will be preserved in spite of
their patrons, the clergy, who, if we consulted their opinions and
feelings, would appoint such inefficient teachers that they would
soon fall behind in the competition between the two classes of
schools. But while the Parliament of the country was thus firm,
and, as I think, sagacious and far-seeing in establishing a system
of public instruction so suited to the circumstances of the country
— which I venture to say has been so far eminently successful —
and while it was thus firm in its determination that the public
money should be spent only in achieving sound results, it was at
the same time generous to the denominations of the colony in a
remarkable manner. Thus, going back to the 10 th section of the
Act, we find it provided that only teachers of the same denomina-
tion shall be appointed in denominational schools, so that it was
careful not to give the Council power to tamper with these schools.
Where a certificate is granted to a denominational school, it will
be a denominational school to all intents and purposes ; and thus
the Council has only power to appoint a teacher of the same denomi-
nation, unless it should be desired by the church authorities them-
selves to have a teacher not of the same denomination. It was
thought there might be cases where there was little difierence
between the sects, in which a Church of England school might
desire the services of some Wesleyan teacher of ability, or vice versa.
If any such case occurs the Council is empowered to forego this
restriction, and appoint the teacher who may be desired, provided
the appointment be sanctioned by the heads of the denomination
concerned in the matter. Then it is provided that all religious
teaching shall be left entirely to the heads of the denomination
concerned, showing that whilst the duty of imparting religious
294 Speeches.
instruction is thrown upon the church itself, the Council of Educa-
tion cannot interfere so as to be in any way the cause of trouble
in matters of religious belief. By the 28th section of the Act,
notwithstanding the express provisions of the Act in reference to
the future, all denominational schools existing at the time of the
passing of the Act were entitled to be certified ; all existing on the
first of January 1867 could claim to be certified. They did all
receive certificates, and the Council was restricted from taking
them away until they had been in existence twelve months, not-
withstanding that the school fell below thirty children. Many of
these schools had not more than one-third of that number — not
more than ten children in some instances — whilst in other cases there
were only four or five. So generous was Parliament — so careful
to do nothing which would prevent one child receiving instruc-
tion — that these schools were preserved in existence, and they had
twelve months to work up to thirty children. After that period
it was necessary by law that they should have thirty children, like
the new schools.
These are the main provisions of the Public Schools Act of
this country which in any way embody matters of principle.
These are the only provisions which in any way provoke strong
differences of opinion in the country. Now let us dwell for
a moment upon the more striking features of this system of
public instruction. In order to show whether or not it is suited to
the wants and circumstances of the country, it is necessary to
understand what those wants and circumstances are. We are a
mixed population, made up of the social elements of the three
kingdoms, with a good sprinkling of foreign elements. We have
a very large number of persons professing the doctrines of
the Church of England ; we have considerable sections of society
professing other Protestant doctrines ; and we have a large portion
of the community — one-quarter to one-third — professing the
doctrines of the Church of Rome. These various classes do not
number more than 450,000 souls. They are scattered over a
territory where four or five millions might be settled, and yet they
would be in a scattered condition still, the territory is so immense.
It is very clear that there must be great difficulties in originating
and successfully establishing a system of State-paid instruction in a
community so circumstanced, which would not exist at all if the
community were of one religious faith. I ask anyone capable of
The Public Schools Act, &c. 295
dispassionate inquiry and of forming a dispassionate opinion on a
subject of this kind, whether there is anything in the system
which I have faithfully laid before the meeting that contains the
shadow of a principle of hostility to any religious belief. Where
can it be pointed out 1 What principle in the Public Schools Act
comes in conflict with the religious sentiments of any man "? Its
great merit is that it is free from all power of encroachment or irri-
tating interference, free from all coercion, that it leaves a man's faith
as a matter between that man and the God he worships. This
system of education is entirely devoid of any aggressive spirit,
free from all suspicion of hostility to any man's religious opinions.
If this be so, I ask would it be possible to supplant the system
by any other system combining religious instruction so as to be
suitable to all classes of the people *? While the system embraces
a plan of public schools all over the colony, it recognises in a
generous spirit and with fostering care even the denominational
schools in towns and districts where those schools can be useful;
it recognises them in a spirit of justice by providing that they
shall hereafter be efficient. Thus it makes them stronger for
the purpose for which the various religious communities desire
them, and at the same time it takes care that the children attending
them shall receive justice from the teachers who are paid by the
Government of the country. I think that any impartial-minded
person who will carefully follow me over the ground I have
traversed, and who will consider this question, not as between
political parties, but as between the little children growing up to
fight the battle of life on the one hand and the Government on
the other, will agree with me that the system is better suited than
almost any other that could be devised to overcome those difficulties
which arise out of the circumstances of the country.
There are other provisions of the Public Schools Act very
interesting and important, but they do not contain any serious
matter of principle. By the 12th section the Council of Education
is empowered to establish itinerant or perambulating schools — a
means of instruction hitherto unknown in the Australian
colonies. This is sending the schoolmaster to the children, instead
of the children coming to the schoolmaster. It was thought
there might be cases where several families settled in one place,
having ten or twelve children among them of a school age, who
were so remote from the means of, instruction that they would
296 speeches.
grow up without any instruction at all. As I have shown, the
Council has only power to establish a public school where there
are twenty-five children — that being the minimum — and to supply
some means of instruction to isolated families the system of
itinerant teachers was devised. Under the 12th section of the
Act, the teacher may go to one group of children and teach them
for three days, and then proceed fifteen or twenty miles to another
group and teach them for three days. It was thought it would
be better to give them half a week's instruction than none at all.
By the 13 th section of the Act still further concession is made to
the necessitous circumstances of our remote settlers. Power is
given to the Council to aid provisional schools wherever there
may be collected 14, 16, 18, or 20 children, or any number less
than 25, the number required to enable the Council to establish
a public school. If in any thinly-peopled locality the persons
interested will find a schoolhouse and teacher, the Council has
power to aid the teacher, so that the school may be supported
until a better can be established. The object of the Legislature
in this case is very clear. It is that these irregular schools shall
be aided and supported until such time as a public schjaol can be
established in the district — thus making the provisional the
nucleus of the public school. That is clear beyond controversy
from the 8th section of the Act, which expressly enjoins that in
all communities where 25 children are to be found a " public
school shall be established." These provisional schools are sup-
ported only in localities where children are not sufficiently
numerous to justify under the law the establishment of a public
school. But as our rural communities rapidly increase in most
cases, these provisional schools will soon become public schools.
In the meantime they afford the means of educating — imperfectly
it is true, but still educating — the children who would otherwise
have no education whatsoever. By the 14th section the Council has
power to authorise the establishment of cheap boarding-schools in
remote districts, so that an isolated family on a squatting station
for example, living at a distance from others, can send their
children to be boarded from week to week. In this country
children ride on horseback very early, and a journey of many miles
twice a week is not a matter of great inconvenience, and this pro-
vision will enable them to attend school from week to week in
perfect security and at small expense. The 16th, 17th, and 18th
The Public Schools Act, &c. 297
sections of the Act give tlie Council power to authorise a scale of
fees to be charged in the schools; but though it has been thought
desirable to supplement the salaries of the teachers by small fees
— so small that most parents can afford to pay them — and though
a large sum of money is raised from these fees to supplement the
grant for public instruction, still provision has been made for
children to be educated without cost of any kind in cases where
parents do not possess the means of paying the fees. One
feature of the system is that no child is turned away from
the school from any cause whatever. No child can be turned
away on account of his religious faith, or the poverty of his
parents ; and whether he pays the fees or not, if he presents
himself to be educated he must be received. The 19th section
provides that one hour a day must be set apart for religious
instruction ; the 20th, that no child shall be refused admission to
the public or the certified denominational school on account of
the religion of his parents. The 22nd section provides for the
establishment of a school board to watch over the public school
as soon as it is opened. It is not intended that these school
boards shall interfere with the course of instruction. Their duty
is to see that the teacher remains efficient, to see that he con-
ducts himself in a proper manner, to see that the school is kept
in a decent and orderly state, and to promote its success and
prosperity. The teaching is left to the teacher himself,
under the regulations of the Council and the direction of its
proper officers ; and I think most persons will see that it is
desirable that this should be so. By the 24th section provision
is made that previous to the establishment of any school it shall
be notified in the Government Gazette ; and here again is an
example of the caution that was exercised by the Legislature.
Before this school which we open to-day was established, the
Council of Education had to give notice in the Government Gazette^
and if there had been any valid reason why the school should not
be established it could have been stated. By sections 25 and 26
the Council is empowered to buy and sell property, the proceeds
of sale in every case to be expended in the same neighbourhood
for the purposes of public instruction. What was contemplated
was that the Council should have power to dispose of property,
where other property could be bought affording greater facilities
for carrying out the purposes of the Act. The 27th section
29S Speeches.
provides that the Council shall annually report its proceedings to
the Government. The 29th makes provision for granting certifi-
cates to existing denominational schools, to which I have already-
alluded ; and the 30th enacts that general religious teaching,
as distinguished from dogmatic and polemical theology, shall form
part of the course of secular instruction. What is meant by this
latter provision is, that books which contain the cardinal truths
of Christianity, apart from all doctrinal disputation, may be used
in the schools, supposing that the parents do not object. If the
parents object they will not be used. A Jewish child, for instance,
would not be taught these lessons if his parents intimated that
they did not wish it. Such then is the system of education
supported by the Government of this country. I have slightly
alluded to some of the difficulties which had to be met and over-
come by the Council of Education. There are some other diffi-
culties to which for a few moments I would like to draw atten-
tion.
The Council of Education has now in its service upwards of
one thousand teachers. If we had one thousand persons present
here to-day we should see great varieties in the individuals
forming so vast a crowd ; and it must be manifest to all of you
that it is a difficult thing to collect one thousand persons with a
natural aptitude to acquire the art of teaching children. We
thus have a difficulty in getting persons capable of being made
into good teachers. This difficulty is increased by the zeal of
excellent and worthy persons wishing to become teachers who
have none of the qualifications for the office. It is hard to refuse
these persons when they are of good character and anxious for
employment; and it can only be ascertained by trial in most
cases that they are not fit for the office of teacher. Thus we
get a large number of persons into our training school who never
should be there — persons who after undergoing the necessary
probation turn out, in the opinion of the officers of the Council,
as never likely to succeed in the art of teaching. But when
candidates leave the training school and become teachers, they
continue fallible men and women, sent out into the world under
circumstances of trial and temptation, stationed perhaps four
hundred miles from Sydney, in localities where they become from
their demeanour and attainments comparatively important mem-
bers of society, where they are sought after by some, and perhaps
The Public Schools Act, &c. 299
regarded with jealousy by others, where they are thrown into the
company of strangers and are liable to contract habits which may
militate against their usefulness. It is hard to deal with all these
difficulties. Therefore it is important that every head of a family
should be as considerate as he can of the position and character
of the teachers ; that they should be treated as persons occupy-
ing very responsible posts of duty, and engaged in arduous
labours for the public good. Persons of influence among whom
they are placed should give them advice if they show any incipient
tendency to fall away from their duty, seeing the future welfare
and happiness of the children greatly depend upon the rectitude
and correct conduct of the teachers in their separate callings.
I am happy to be able to believe that, notwithstanding the many
difficulties in the way of collecting this large body of persons
into the school service, and the difficulties in the way of preserv-
ing them as efficient teachers afterwards, the teachers under
the Council of Education are entitled on their merits to the
respect and confidence of the country. Any one who will
peruse the report of the Council, which embodies the reports
of the several inspectors on the teachers immediately under their
observation, will agree with me that we have a valuable body
of teachers working zealously at the present time. We have
been fortunate in securing in the higher grades of the school
service a number of enlightened and upright men to perform
the duties of inspection. And these gentlemen — whose duty it
is to travel over the whole of this extensive colony and examine
into the condition of the schools, with equal justice to the
teachers and the children — these gentlemen on the whole have
carried out that duty with an amount of intelligent firmness
and a studied absence of all kinds of favouritism which ought
to be in the highest degree satisfactory. They have reported
upon the state of things they have found in different schools
in a faithful and independent manner worthy of all praise.
I think the Council has been singularly fortunate in securing
the services of such gentlemen to act as inspectors. Another
difficulty, which is very natural in the circumstances of remote
districts, is that of getting proper persons to form the School
Boards. Wherever a public school is established the Council
has to select several residents to form a Public School Board,
whose duties I have already endeavoured to describe. No
300 Speeches.
one, I am sure, can take the slightest offence when I say it is
exceedingly difficult in many localities to get suitable gentlemen to
form the Boards. Any one acquainted with the interior of this
country must be aware that it is not an easy thing to get three
or four persons to understand the work of education, in the light
I have endeavoured to place it before you to-day — who will
understand the nature of their duties and the means of perform-
ing them, who will have the requisite amount of mutual for-
bearance and of consideration for their work to act together
amicably. We find that one person will not work upon the School
Board because other persons whom he does not like are upon it.
It is difficult to get some men to lay aside their local dislikes even
for such an important purpose as this. But on the whole we have
been fortunate in obtaining good Boards. Then, again, we have
the indifference of parents to contend against. I am sorry to say
that some parents are not sufficiently sensible of the importance of
education. They will allow tlie child to stay at home too often
because he can be made useful. But however useful a child may be
at home, his usefulness is as nothing to the good which results from
his regularly attending school. Then we have the difficulty which
presents itself in the indifference of communities to the importance
of education. I believe your friend, Mr. Miller, has experienced
it here. When he put his shoulder to the wheel he found
many people who preferred standing with folded arms and seeing
how well he did it. Though he had worthy coadjutors, still there
were many gentlemen who looked on and allowed the work to be
done by himself and his friends. So it is always. The selfish
man with property, but without children, says, " Why should I
give my money 1 I have no children to educate." But if he
could break that hard crust which shuts him in too much within
himself, if he could be sufficiently enlightened, he would see that
the education of the children around him would be as much for
his benefit as for theirs — that it would make his property safer
and more valuable from the fact of its lying in the midst of an
educated and well-ordered community. Last of all we have the
difficulty of the parson, and that is the greatest, because just in
proportion as people are ignorant they are generally influenced
by their clergyman. If he goes to an ignorant member of his
flock and tells him that he will incur his displeasure by doing a
certain thing, the thing is likely to be left undone or done badly.
The Public Schools Act, &c. 301
The sending of a child to school may be done badly as well as
less important duties. When the parson sets himself against us
we have a formidable enemy. He would not be formidable if we
could face him and talk him down ; but when he goes behind
our backs and persuades parents not to send their children to
school he is formidable. And when the clergyman tells the
people that if they send their children to a particular school he
will deny them the ordinances of religion, it is no wonder that
parents quail and promise that they will withdraw their children
from the school. For my part, I think that in these days of
religious liberty when we and our fellow-subjects stand upon one
broad level of religious equality, it is a burning shame for parents
not to exercise their own judgment and to send their children
where they can be best instructed. But notwithstanding all these
difficulties, the public school system has made steady progress.
That progress will be best seen in the results — in the multipli-
cation of schools, and in the improved teaching. I have already
alluded to the number of schools when the Council of Education
was called into existence by law. At the present time, without
this school — for the figures were put together before this school
came into existence — the Council had 810 schools under its control.
During the first two years of its existence, 1867-68, that body
established 55 new public schools. Fifty-five new schools like
this in places all over the colony. These schools in every instance
have been established on the application of the people themselves,
and for a time those applications fairly represented all denomi-
nations. There was as large a proportion of Roman Catholics
as Protestants among the applicants ; but when this fact became
known the heads of the Roman Catholic Church — I am sure no
one will suppose that I am saying anything in a manner hostile to
them, because I suppose they are prepared to justify what they
do — went to the persons who applied, and told them that they
must withdraw their names. An instance occurs to me where a
school was applied for in the Western District, and where the
requisite amount of local contributions towards the building was
subscribed and remitted to the Council of Education for the purpose.
Plans were prepared by the Council's architect, and tenders were
invited for the erection of the building, when the Roman Catholic
bishop went to the parents and told them that they must withdraw
their names and get back their money. Of course it was easy to
302 Speeches.
withdraw their names, but it was not so easy to get back their
money. The Council had called for tenders for the building, and
the money could not be returned. That was one case in which one
section of the community has been interfered with in the exercise
of their authority as parents, and in contravention of that religious
liberty which prevails now, and which is quite as much in favour
of Roman Catholics as of other sections of the community. It
is a fact that this prelate printed and published a document, a
copy of which was sent to me, threatening all parents of his
denomination who sent their children to a public school with a
denial of the sacraments of his church. As far as I understand
the Roman Catholic faith, you may almost as well threaten a person
with physical death as threaten him with the withdrawal of the
ordinances of his church. You are pushing a man to the brink
of a precipice, and I imagine he will do almost anything to propi-
tiate his clergymen who threatens to drive him over. If this
enormous power of ecclesiastical punishment is brought to bear
upon the public schools, it is a matter of wonder that we
have any Roman Catholic children still attending them. But
notwithstanding this active hostility of their priesthood, Roman
Catholic as well as other parents are so thoroughly alive to the
advantage of sound instruction, are so sensible that if they wish
their children to emerge from performing the lowest drudgery of
civilised society they must be as well instructed as others, that
they continue to apply for public schools and to send their
children to public schools. I do not hesitate to say here that it
is my profound conviction that if the parents of the Roman
Catholic Church were left free — if it were not attempted to
exercise this terrible tyranny over them — they would as generally
avail themselves of the advantages of these schools as any other
class in the community.
The Council of Education during 1867 and 1868 established 55
public schools, and aided 103 provisional schools. In addition to
this it established 38 half-time schools — that is, 38 of that class
of schools where the teacher itinerates and follows the children,
and carries the blessings of education home to their doors in
cases where they cannot attend school themselves. During that
time only one denominational school received a certificate.
During the present year, in addition to the schools already
enumerated, the Council has established fifteen public schools, -
The Public Schools Act, &c. 303
fourteen half-time schools, and aided thirty-two provisional schools ;
giving a total of 257 new schools opened since the 1st January,
1867. In addition to these we have twenty -five new schools being
brought together ; the schoolhouses are in course of erection, this
being one of them. Notwithstanding the allusions I have made,
I am very happy to take this opportunity to bear testimony to
the liberality of many clergymen in their support of the public
Schools Act. There are clergymen of all the Protestant churches,
including considerable numbers of the clergy of the Church of
England, who view with interest and rejoicing the progress of
the public school system. They see that there is nothing here
antagonistic to the Christian religion founded upon the Bible —
that there is nothing in the system which is not in the highest
degree in harmony with the propagation of the gospel of Christ ;
and that the proper instrumentality to teach that religion is the
Sabbath-school system extended throughout the country.
I think it would be very improper for me on an occasion like
the present to suffer myself to diverge into anything like party
politics ; still a public school system in any country is an essential
part of its institutions in the large sense of politics. It is part of
the policy of the country. It is part of the intention and action of
Government, part of the very life of constituted authority ; and
just in that sense I wish to say a few words before I conclude.
We are on the eve of a general election, and in a country like
this, where all power is derived from the people, that is a very
important event at any time. But it is an event specially
important following three years after the establishment of a new
system of public instruction, before all the difficulties surrounding
its origination have been surmounted, before the lapse of time
has been sufficient to test safely its acceptability to the people and
its adaptability to the circumstances of the country, before all
classes have allowed themselves calmly to ascertain what the
thing really is. Well, there is reason to suppose that this public
school system will be a cause of conflict on every hustings in the
colony in the course of a few months, probably in the course of a
few weeks. All I wish to say is, let the people who believe that
the system is good in the main, adapted to the country, and calcu-
lated to work good results — all who believe that, say so openly
and fearlessly. Let us have no concealment or ambiguity on this
question. Let those who are opposed to the system come forward
304 speeches.
and boldly and manfully state the grounds of their opposition. If
this question is to be mixed up in the conflict the result of which
will be to constitute a Legislature for the next five years that
will have the power of life and death in its hands, let us know what
we are about. Above all things be careful to understand every
man who asks you for a vote one way or the other. Surely that
is fair. Do not let us have to fight men in the dark. Do not let
us return men to Parliament who promise to do one thing while
they are secretly pledged to do another. This thing is worth
battling for in the full sense in which an Englishman understands
those terms. It is worth while for a man to spend an hour in the
discharge of his duty to the country and the exercise of his privilege
as a citizen ; it is worth while for every man to exercise the
sufirage, and it is worth his while thoroughly to understand those
to whom he entrusts the power of making the laws for the next
five years. The future of this country will be a great future. No
one can doubt that. A few years will bring us into the capacity
and all the privileges of national life. Whether these colonies go
on for a long period of years linked to England, or whether, with
the consent of England herself, they take a fresh start with a
willingly- accorded separation, one fact is certain. In another ten
years these colonies will have grown into the capacity of a nation.
Already they number two millions of souls, and in a few years
more they will be as large as the American colonies were at the
time of their separation from England. Whatever may be our
form of Government, the time will come — I hope to live to see it —
when we shall take our place with all the real conditions of freedom,
with all the immunities of national life, among the free nations of
the globe. Let us by every means in our power take care that the
children of the country grow up under such a sound and enlightened
system of instruction, that they will consider as the dearest of all
possessions the free exercise of their own judgment in the secular
affairs of life, and that each man will shrink from being subservient
to the will of any other man or of any earthly power.
THE
EYILS OF A WEAK GOYEMIENT.
SPEECH
Delivered in the Legislative Assembly (the adjournment of the House
having been moved by another member) on the position of the Cowper-
Robertson Ministry, April 27th 1870.
Me. Parkes : The Administration as it was originally formed
was now simply represented by the Minister for Works, the Post-
master-General, and the Colonial Treasurer. The changes in its
component parts had been so remarkable that no one could tell
what would happen to-morrow. Parliament would shortly be
prorogued, and in all probability when it was called together
again we should have an entirely different Government. He did
not think that from that state of things we had a very satisfactory
prospect before us. When the Government went into office at the
end of October 1868, and met the Parliament, they submitted a
programme of some twenty-one measures. The gentleman who
was entrusted with the formation of the Administration said he
went into office in order to carry out his " sincere and earnest desire
to unfetter as much as might be the trade and commerce of the
country," and to carry out in every possible manner public retrench-
ment. And that hon. gentleman at the same time reminded the
electors that he was one of the historical characters of the country,
who had left a straight line of action behind him — a deep sunk
line — and that it was known to every one that it was not likely
he would depart from the broad straight line. The other leading
member of the Government stated that he went into office to
restore the Government to its constitutional conditions and usages,
to put an end to sectarian differences, to carry out a number of
important reforms, and to deal especially with the finances of the
country. Those were the professions which were made eighteen
months ago. And now it was said that there had been no
time to carry out these things because wicked people in Parlia-
V
3o6 Speeches.
ment had so obstructed the Government. He had always thought
that the very essence of Kesponsible Government consisted in
having such a command and support in Parliament that success-
ful obstruction would be impossible. No doubt if it were not
for the magnificent support from the nation which Mr. Glad-
stone received he would be obstructed in the House of Commons.
But Mr. Gladstone was so supported by a compact and intelligent
majority, and by the voice of the nation outside the House of
Commons, that he could set obstruction at defiance. But was it
true that this Government had been obstructed 1
Since the session commenced the whole month of February
passed away without the slightest efibrt being made to do public
business. With the exception of four nights in the month of
February last the House adjourned before eight o'clock every
evening. And yet we were told that the array of measures which
had been submitted in order to deceive the country, and to make
a pretence of earnestness on the part of the Government to do
business — that these measures had now been dropped because the
Government had no time to carry them into law. Now he
ventured to say that there had been no time since the advent of
Responsible Government when the Administration had been
treated with so much consideration, and had met with so little
obstruction of any kind, as had been the case with the Adminis-
tration now in office during the present session. The present
state of the business paper was an example of that. Yesterday,
and again to-day, there was no business on the paper beyond that
for the day itself.
Mr. Garrett : That was on account of the action of the House
itself.
Mr. Parkes : That only proved what he asserted, that the
House had been so considerate and forbearing that no impediment
whatever had been thrown in the way of the Government, not
even in the shape of private business, but that they had been left
to take precisely their own course. It was a fact that a great
many things had gone unchallenged rather than that there should
be any show of opposition to the Government. Nevertheless, we
were brought to that stage that whole measures, involving impor-
tant financial questions, had been dropped on the mere plea that
there had been no time to invite the attention of Parliament to
their consideration.
Evils of a Weak Government. 307
During the first session no impediment was thrown in the way
of the Government getting the Estimates and the Appropriation
Act. But having been treated with that consideration and for-
bearance, the Government remained six months in recess, and did
not meet Parliament until the 28th of September, notwithstand-
ing that the Parliament must expire by effluxion of time in the
January following. During the six months' recess nothing
appeared on record to gain or merit the approbation of the
country. When Parliament again met, in the latter part of
September, the Government came down again with a great array
of Bills. They either thought it was possible or impossible for
those Bills to be considered. Therefore they submitted them
either in good faith or for the mere purpose of making a show of
an intention to carry out useful legislation. After a few weeks a
dissolution took place. We then had what was a most unusual
occurrence — the gentlemen who had charge of the affairs of the
country in nearly every instance refused to face their constituents.
It was a most unusual thing for gentlemen holding Ministerial
offices — having advised the Crown to dissolve — to shrink from
facing their own constituents. The honourable gentleman at the
head of the Government (Mr. Robertson), instead of going back
to the Clarence, appealed to the electors of West Sydney, and
was elected. The honourable the Secretary for Lands (Mr.
Forster), instead of going back to the Hastings, appealed to the
electors of St. Leonards, and was defeated. In the meantime the
friends of that gentleman nominated him for his own constituency,
where also he was defeated. The only member of the Govern-
ment who was returned by the constituents who had previously
sent him to Parliament was the honourable the Minister for
Works. The electors of the country, so far as he could judge,
returned a Legislative Assembly unfavourable to the existing
Administration. He admitted that the House had resisted any
change. But it by no means followed that the members of the
present Assembly were supporters of the Administration. If we
judged from what honourable gentlemen were continually stating
in the House, what they stated before their constituents, and from
the indications of their daily conduct, a large majority were not
satisfied with the present management of afiairs.
In the beginning of the year or the latter part of last year a
remarkable change took place in the Ministry, which it would be
y 2
3o8 Speeches.
rather dilHcult for any one to properly describe. The Premier
retired from the Government, and another gentleman who had
no connexion with the formation of the Government stepped into
his position. Since the resignation of Mr. Robertson there had
been no Premier in the Government of the country, no person
answering to the head of the Ministry as known in England. The
office of Premier was no doubt unknown to the law of England,
but by usage the person selected by the Crown and instructed to
form a Government assumed the position of Premier, and was held
responsible for the policy of the Government. In our case a
change had occurred which would be impossible in England, and
which had never occurred in any of the Australian colonies.
Then we had the retirement from this Administration of the late
Solicitor-General. He was not disposed to speak in harsh terms
of Mr. Joseph son because that gentleman was now absent. He
wished to confine his observations to the political aspect of his act
of retirement from the Administration. Mr. Josephson was the
law adviser of the Crown, and in addition to this a member of the
Executive Council, sworn to give his best advice to the Crown on
every subject submitted for consideration. This high Minister of
the Crown entered into a negotiation with a permanent and subor-
dinate officer of the Government of which he formed a part, by
which he was himself to retire from his high position and to accept
the lower position vacated by this officer in the service of the
country. That was a remarkable and he thought an unprecedented
thing. As soon as the negotiations were completed he resigned
the high status he held as an Executive Councillor to take this
paltry position of District Court Judge. The very theory of respon-
sible government assumed that the persons who aspired to these
executive offices were actuated by honourable political ambition,
and that they were not taking them for the purpose of enabling
themselves to obtain permanent employment or personal benefit.
The Minister could not have accepted that subordinate office
without the concurrence of the Executive Council, and therefore
if he took a low view of his position, the other members of the
Executive Council must also have taken a low view of theirs to
have concurred in it. This came of forming an Administration,
not on the plan of English statesmen, but on the plan of men simply
determined to grasp and cling to the advantages of office, no matter
on what terms. They had also had another retirement — that was
Evils of a Weak Government. 309
the retirement of a gentleman who probably brought more intel-
lect to the Administration than any other member of it ; he
meant the honourable member for Queanbeyan (Mr. Forster).
That gentleman retired about a fortnight ago, and his letter of
resignation was read in the Assembly. Yet honourable members
were told to-day that he still performed the duties of Secretary for
Lands. This, again, was an unexampled state of things. It could
never have occurred in the mother country, and he did not think
a similar instance had ever before occurred here. Honourable
members might be in danger of confusing the resignation of a
Government with the resignation of a single member of the
Government. When a whole Ministry tendered their resignations
they must necessarily hold office until their successors were
appointed; but a single member of the Government retiring
occupied an essentially different position. When an individual
Minister retires from the Administration, it must be understood
to be, as a rule, either because he dissents from the policy or
conduct of the Government, or because he has had some personal
misunderstanding with the Government, or some individual
member of the Government. In any one of those cases he would
be no longer in a position where he ought to know what the
Government were doing. The moment he sent in his resignation
he ought to know no more of what the Cabinet were doing than
any person in Parliament who had never been connected with the
Government.
Parliament was about to be prorogued, and what was the prospect
before honourable members'? They had here a string of Bills
dangled before the House, some of them of the most imj^ortant
character. There was a Bill to consolidate the Customs laws of
the colony. It was introduced last session, and had twice gone
through the process of being printed. There was a Bill to amend
the Stamp Duties Act, an Audit Bill, a Bill to provide for
distillation from colonial produce, and a Bill for the manage-
ment of the goldfields. All these had been promised from
the time of the inauguration of the Government, and they would
now have to go over. This Stamp Duties Act Amendment Bill
was a very important connecting link in the proclaimed policy of
the Government. The policy submitted to Parliament this
session might be considered as entirely based on the enactment of
this Bill. They were told in the financial statement that the ad
3IO Speeches,
valorem duties would be given up, that the present duties of 5 per
cent, would be reduced to 2 J per cent, from the 1st October next,
and that from the 1st January the taxation would cease and
determine altogether. They had been told that those duties inter-
fered with the trade of the colony, and were only to continue in
force until the Stamp Act Amendment Bill passed into law ; and
the Government had given the House to understand at different
stages of the session that they would certainly go on with that
measure. The Treasurer had distinctly stated that he would go
on with it, and in adverting to some observations which had been
made he added that unless the House allowed him to manage the
financial affairs in his own way he would retire in favour of some-
body else. He did not believe honourable members were so simple
and guileless as to suppose that the Stamp Bill would have been
given up had it been found that there was a possibility of carrying
it into law. The Government would have been defeated on the
second reading, and consequently the measure had been abandoned.
The Government could not point to a single act which would
receive the approbation of the country. Prodigal in their promises
they had been more than beggarly in their performances. And
what position had the Government taken up with reference to one
of the most important questions which had been submitted to the
House — that of immigration % A member of the Government had
undertaken the duties of chairman of a select committe to inquire
into and report upon the question, and the committee reported
that it was desirable to bring in a Bill to promote immigration.
In pursuance of that recommendation a Bill was brought in, but
not as a Government measure. There were remarkable provisions
in the Bill which were likely to give rise to some angry feeling,
provisions which were in the highest degree debatable, but the
Government would not take the responsibility of the measure
upon their shoulders. The honourable the Colonial Secretary had
endeavoured to dissociate himself as leader of the Government
from the position he occupied as chairman of the committee, and
to make the Bill a private measure. That measure was of more
importance than any other which could possibly be introduced.
It dealt with a question that was viewed from entirely different
standpoints in New South Wales and in England. Here we were
desirous of obtaining the best class of persons we could induce to
come out — the sober, industrious, and robust — but in England
Evils of a Weak Government. 3 1 1
they were desirous of sending out persons who were of an opposite
character. It was child's play to talk of our financial difficulties,
or the administration of our land laws, as compared with settling
over the face of this country a vigorous, industrious, enterprising
population. The public debt was spoken of as having its great
security to the public creditor in the lands of the colony ; but of
what value were these lands if they were not made productive by
population 1 They were of comparatively no value as a security
to the public creditor, compared with the assurance that would be
given by the expansion of revenue with the growth of a prosperous
population. The adjustment of this question so as to promote an
inflowing and a steady stream of valuable population, without
inconsiderately disturbing the interests of labour, was one of the
most difficult tasks for Australian statesmen. This question was
now upon the business paper in the shape of a private motion,
and it might be said in charge of a member of the Govern-
ment. With all these facts staring us in the face — this total
failure of administrative ability, this entire forfeiture of all
public pledges ever given, this entire abandonment of all principles
avowed as the leading principles of the Administration — we
were about to bring the session to a close. He should like
any honourable member to go before his constituents and
fairly recount the doings of this Parliament, and see whether
they would approve of its conduct. He did not pause for
a moment in saying that, so far as his experience went, this
was the most useless, barren, ineffective session we had ever had
in this country. Without the exposition of one sound principle
of Government, without passing one useful measure, without
carrying into effect one proposal of economy, without any change
excepting changes in Administration, which must be admitted by
all candid persons to be changes for the worse, we were about to
close this session. He did not think that the Government Avould
be able to justify the course they had taken in any stage of our
proceedings. Why were all these measures submitted in January
last, if it was known that the session was to be so short that there
would not be time for their consideration ? We had been told
that the session was already protracted to a longer period than
was contemplated; but that surely was a strange way of accounting
for the introduction of a number of measures which we were now
told could not be dealt with even iu this longer time. During the
3 1 2 Speeches.
month of February the House sat only four nights after eight
o'clock, and, with the exception of those four sittings, the whole
time consumed in public business did not exceed more than twenty-
four hours some minutes. In the face of that fact how could it
be said that there had been any worthy effort to carry them into
law 1 The question returned — Why were these measures intro-
duced 1 Were we to go on with gentlemen occupying the seats of
Government who never intended to pass any measure, who had no
belief in any measure, but who, because a particular question
happened to be debated in public, submitted a measure to satisfy
expectations which they cared nothing at all about, and who, if
they were likely to be placed in an inconvenient position in conse-
quence, were ready at any moment to abandon the measure they
had brought forward 1 This had been the policy of all the Govern-
ments of which the honourable member for West Sydney (Mr.
Kobertson) had been a member ; and any one who would turn to
the Votes and Proceedings of the House could satisfy himself
of the fact. As some honourable member had moved the adjourn-
ment of the House, he almost thought that the best way would be
to agree to the motion, and allow the Government an opportunity
of considering whether they could not carry out some measure
which would have the efiect of satisfying, if not the Opposition, at
least the just expectations of their own friends. Surely there
ought to be some faint hope given to the merchants of Sydney of
the abolition of the ad valorem duties. Surely those gentlemen
who had such a sublime faith in the intentions of the Administra-
tion ought to have some better reward than being told to still
hope.
In October, 1868, we were told that the leading principle of the
Premier was a sincere and earnest desire — a rather curious form
of expression that, making a principle a desire — to unfetter trade
as much as may be, and to free the commerce of the country. We
had been eighteen months trying to unfetter trade, and he should
like to know whether there was any prospect of trade being
unfettered 1 A year afterwards we were told, in October last, that
the ad valorem duties of 5 per cent, would be reduced to 2J per
cent, on the 30th of June next ; but there was very little prospect
of that now. By the second utterance of the oracle we were told
that the reduction was to take effect on the 30th of Septetaber
jiext ; but there was still very little prospect of that second ^promise
Evils of a Weak Government. 313
being carried into effect. He thought that the merchants of
Sydney would begin to suspect — what many other persons had long
ago suspected — that the revenue was such a convenient thing that
the duties would be kept in existence until somebody else would
have the disagreeable task of repealing them. The Stamp Act was
to supply sufficient revenue to enable this repeal to take place;
but that unfortunate measure was found to have conjured up so
many opponents that it was also to be cast aside. And would any
one believe, after the experience before them of the fate of the
Immigration Bill of last session, that it would be revived in the
next 1 The House had a right to complain that the Government
of the country session after session submitted a number of
measures on important questions of public interest, and invited
honourable members to the consideration of those measures, and
that after all they should, without any reasonable excuse or
explanation, abandon them simply because they thought they
would have to encounter opposition which might lead to defeat.
If government were to be carried on in that way, a Government
might exist and do nothing for twenty years. When the com-
plexion of the Cabinet became a little unpalatable or odious, you
had only to arrange for one member to go out and another to
come in, and then come down to the House and say — " We want a
little time ; it is unreasonable to expect that after these important
changes we can do everything." If the honourable member for
Newcastle (Mr. Lloyd), for instance, wanted an Immigration Bill,
the Minister had only to say to him — " We all agree with you.
You shall have an Immigration Bill; only be content to wait a
little longer and you shall have all you want." But when the
Appropriation Bill was passed all these measures would be
dropped. Parliament would go into recess. During the recess
another member of the Government would go out and some one else
come in. Then they would say it was a new Government, and
Parliament must give them time. They could not expect much to
be done now that such great changes had taken place ; let there be
a short session, and let the Estimates be passed. Another session
would come round and a new programme be again submitted.
The honourable member for Newcastle would be indulged, and
great anxiety would be expressed to carry these measures. But
as soon as the Appropriation Bill was again passed, away these
measures would go. And so on again and again. Then the
3 1 4 Speech
es.
Government would say — *' Just think, we have been five years in
office, and have not been able to pass measures on account of the
obstruction we have met with." A dissolution would be obtained
and then there would be another change. All these tactics were
well known to the honourable member who had been elected
" more times than any other man in the country," who had been
" in more Cabinets than any other man," who left a track in the
public life of the country, deep, broad, and straight, but which
nobody but his friends had yet been able to discover.
This was the style of government upon which they had fallen,
and if honourable members chose to submit to it, they would have
a Government in office for the next ten years with any number of
shiftings to gratify the lovers of change ; but he would venture to
say that the honourable member for Newcastle would not get his
Immigration Bill. As long as there were ten sturdy men from the
Emerald Isle to be conciliated, they would not be neglected for the
Congregationalism of the honourable member. He would be
betrayed like many other innocent young creatures, and would
get very little sympathy from his betrayers or from other people.
He ventured to assert that no single act of administrative reform
would be carried out, simply because the Government had not the
requisite power. Men who held office by this kind of tenure would
never have the privilege of carrying out any measure for the
advancement of the country or of their own honour.
THE PEO&RESS OF THE EDUCATION
SYSTEM.
PUBLIC SCHOOL BOAEDS.
SPEECH
Delivered on the occasion of laying the Foundation-stone of a Public
School at Liverpool, June 4th 1871.
Mr Parkes said : In our youthful days we had all often heard that
" the schoolmaster was abroad." When that great movement for
the elevation of men set in fifty years ago in England, the origina-
tors of it, in order to give a stimulus to the movement, never tired
of telling the nation that the schoolmaster was abroad. He was
inclined to think, after listening to the speech of Mr Wearne, that
what was wanted in Liverpool was a schoolmaster at home. They
wanted something that would infuse a new spirit into the town
and district. It seemed a lamentable thing that the fine paper
mill close to the town should be closed. There must be something
wrong in our industrial system when such was the case. When
the community was consuming such large quantities of imported
paper, precisely the same kind of article that could be manufac-
tured at that mill, there must be something out of gear or the mill
would not be closed. It would only be by knowledge that we
should clearly ascertain what it was that was wrong ; and the only
way of enabling the public to know how to remedy that which
was wrong, in every instance, was to educate the whole mind of
the country. The public school system which had been established
had for its aim the imparting to the men and women of the future
the means of elevating themselves, if they were disposed to do so.
He knew as well as anyone that education such as was given by
our public school system to children would not be sufficient of
3 1 6 Speeches.
itself to make men good, prosperous, or useful. But he knew, on
the other hand, that there were a hundred chances to one against
the human being left destitute of instruction. Let us give the
rising generation the means of serving themselves — the means of
turning to advantage every circumstance, which, rightly understood,
would be to their advantage — the means of knowing how to benefit
others whilst benefiting themselves — the means of guiding them-
selves in a clear course of duty ; and if they did not pursue that
course, the fault would be with them and not with society. He
really thought that our public school system was equal to that of
almost any other country, in being calculated to effect those ends.
Allusions had been made to the school system of America ; and
those of us who had given attention to the subject, knew that
America had the distinguished glory of being amongst the foremost
nations in imparting sound instruction to the people. What was
the consequence"? With all their faults — with all the faults
inseparable from a new state of society — with all the faults insepar-
able from a nation that was continually planting new banners on
new ground, which had continually to contend with special social
circumstances — with all those faults, America had made greater
progress in wealth and power, than any other nation of our day — .
he might say, than any nation known to history. There was another
nation equally distinguished for her system of national instruction,
he meant Prussia. It was the intelligence much more than the
numbers of his soldiers that enabled King William to achieve
such victories over France. It was nothing but the instruction
which the Prussian soldier received that made him so victorious.
He remembered reading an account by an American gentleman who
})assed through Prussia some years ago, before the late terrible
war broke out. This gentleman pointed out then that every
common soldier in the Prussian army was equal to a French officer
— equal by dint of intelligence, and by bringing a well-informed
mind and highly cultivated energies to bear upon every duty he per-
formed. In other countries — our own, he was sorry to say, amongst
the rest — the soldier was a mere machine, doing that which he
was bidden as though he were an inanimate unintelligent machine ;
not so with those men who formed the rank and file of the Prussian
army. We had seen in the late war the effects of cultivated
power in a manner which was perhaps unexampled in the history
of warfare. He was inclined to think that the system of public
Progress of the Education System. 317
instruction established in this remote colony of New South Wales
is equal to either the American or the Prussian system. He
felt perfectly satisfied that we were pre-eminently above the other
Australian colonies in our system of public education. He had
recently had opportunities of observing with his own eyes, and
inquiring by the aid of his own faculties into the systems of three
of the other Australian colonies. And, without desiring to say
one single word in disparagement of those colonies, he felt satisfied
that our system of education was superior to them all. Now
what was this system of education which had been established in
the colony '? He would in a very few words point out the leading
features of the system of education which we had now established
amongst us. He should then desire to point out a few of the good
results of the system ; and then he would make a few remarks on
a matter which he regarded of some importance, and which he had
come there to-day more especially to speak upon.
Our system of education had this distinguishing quality : It
had no aggressive spirit ; it declared war against no one ; it inter-
fered with no one's preconceived opinions, nor did it in any way
impair or tamper with any man's faith. It had also this other
distinguishing quality — that it took the best of all possible secu-
rities to see that the children of the country were taught by those
who had been taught to teach. It had done away for ever with
the possibility of any man with wealth, political or social influence,
using that wealth or influence in getting a person appointed as
teacher of a public school. No person could by any possibility be
appointed as teacher under this system unless he had proved, by
going through examinations, that he was capable of teaching.
That was a priceless security for the proper teaching of our
children. He had said that the system was singularly unaggres-
sive. With what man's conscience was it in conflict 1 With what
man's liberty to deal with his children as he thought proper did it
interfere 1 It opened the door to every child without distinction
as to creed, sect, country, or colour. It abolished once and for
ever the idea that the public school was a poor man's school or a
class school. It had so completely abolished that invidious dis-
tinction, that the children of the poorest and the richest men
could sit side by side receiving the same amount of instruction and
yet feeling each his separate independence. He was aware that
there were worthy men in this country who think that the public
3 1 8 Speeches.
money ought not to be spent in educating the children of those
who could afford to educate them themselves ; and he had heard
people say that it was not right for a person of property to send
his children to a public school. Such an idea struck at the root
of the public school system. Instruction was given not alone for
the benefit of the children but also for the sake of society here-
after. It sought to secure sound primary instruction to all as the
basis of character, and at the same time to familiarise the children
with each other, so that whether they were rich or poor they should
feel themselves members of the same human family and respon-
sible members of society. One of the great advantages of the
system was that the children of all classes could be educated under
one roof during the period of childhood ; and, if the system
was properly carried out, they could not get such good in-
struction anywhere else. It was not because a person of
property would wish to evade the necessary expenses of edu-
cating his child that he sent his child to the public school, but
because his child, so long as it was receiving elementary instruction,
could not get better instruction elsewhere ; and because whilst
attending a public school the child's mind became infused with a
sense of his common citizenship. The provision of the law
rendered it impossible to establish any other than one of these
public schools in any district in the first instance. Wherever
25 children could be found to regularly attend the school the
Council of Education was authorised to establish a public school.
That school could not be interfered with — no other school could
come into unhealthy competition with it by the aid of public
money until it had 70 children. Because it was assumed
that a teacher could well control 70 children — or rather that less
than 70 children would not be sufficient to provide the necessary
salary which a man of ability could always command. The
unhealthy competition which formerly existed through two or three
small schools — presided over by inefficient teachers who could get
nothing better to do — being established in the same place was thus
prevented. But the system also provided for aid being extended
to denominational schools under certain circumstances.
[Mr. Parkes referred to the provisions of the Act relating to
denominational schools, and he also explained the careful training
which persons had to receive before becoming teachers of public
schools, and entered briefly into an exposition of the Act similar to
that contained in the speech at Dundas. He then proceeded : — ]
Progress of the Education System. 319
Last year there were 359 public schools — an increase in three
years of 71 schools, which Were scattered all over the country.
Just imagine what an instrumentality for good those 71 schools
would prove — schools that were thoroughly organised, with trained
teachers and local boards to watch over their management and
keep them in a state of discipline. The establishment of those 71
additional schools alone was a prodigious work, a work which
promised for this country the most gratifying results. At the
end of last year there were 164 provisional schools, showing an
increase in three years of 133. During the same period the half-
time schools increased from 6 to 82. Thus in places where educa-
tion was most wanted, where men were the furthest removed from
the influence of civilisation, where they seldom came in contact
with agencies that led to good, where they were left without
any of those restraints felt in more settled society, 71 of these
half-time schools had been planted. Whilst all that work had
been going on the denominational schools had decreased from 317
to 241. That decrease had not been brought about by any adverse
action on the part of the Council of Education ; but it had been
brought about by natural causes. Parents knew their children
got on best in the public schools ; many of the most intelligent of
the clergymen began to see that the public schools were the best
schools, and they were willing to have their denominational schools
converted into public schools, in order that the instruction given
to the children might be more efficient, and that the children might
grow up better men and women to form the society of the future.
At the end of last year there were 846 schools under the Council
of Education, an increase of more than 200 in three years. He
thought therefore that the assemblage he was then addressing
might congratulate themselves and congratulate the Parliament
of the country upon the enactment of the wise and beneficent law
that had produced such results.
He now came to the more unpleasant part of what he had to say.
It was the more unpleasant because he had to refer to a gentleman
whose character he held in profound respect, and whom he regarded
with feelings little short of personal affection, and who within the
past few days had left the colony. He alluded to Professor
Smith. No one could more warmly admire the character of
that gentleman, no one could place a higher estimate upon his
services to the cause of public instruction, than he did. He
320 speeches.
esteemed his services so highly that he did not believe his place
could be supplied by any other man in the country in this work of
education. He had had the privilege of watching his painstaking
and anxious labours in that cause for so long a period that if it
were possible for him to give his hearers a just idea of those labours
they would concur with him in thinking that it was impossible to
set too high an estimate upon the good that that gentleman had
done. He need only say that it was some seventeen years since
Professor Smith became a member of the Board of National
Education; and as a member of the Board he laboured assiduously,
and at great personal sacrifice, in promoting the cause of education.
Having said thus much he was bound to take exception to an
opinion which Professor Smith expressed in a public address
about a month or six weeks ago, and which he (Mr. Parkes)
thought was calculated to lead to great mischief. One pro-
vision of the Public Schools Act was to establish, by the
authority of the Executive Government, a Public School
Board in connexion with every public school, to watch over
its interests. That Board was not supposed to interfere with the
routine of intruction. Indeed, if any member of the Board was
to so far forget himself as to interfere with the properly trained
and duly appointed teacher, he would do what was foreign to his
duty and quite contrary to the regulations. The Board had to watch
over the school, and see that the teacher regularly peformed
his work, that the school was properly regulated and ventilated,
and kept in a state of cleanliness ; but it had not in any way to
interfere with the course of instruction carried on by the teacher
under the regulations. Professor Smith expressed an opinion that
it would be a very proper thing to appoint clergymen to these
School Boards. He admitted at once that, in many instances,
clergymen were the most suitable for any work of an educatory
character. They were educated men, and were more or less trained
to the work of educating. But he objected altogether to this
opinion of Professor Smith's, and he thought he could show that
meeting that if such an opinion were to be carried into practice it
would lead to the most mischievous results. The public school
system of this colony is non-sectarian. No clergyman ought to
be placed in the position of calling the school his, or to have other
clergymen calling it theirs. And he appealed to the everyday
experience and common sense of those who listened to him to say
Progress of the Education System. 321
whether if there be two or three persons of comparatively
uninfluential position and an influential clergyman of the district
appointed, the school would not be regarded as belonging to that
clergyman by the people who know his influence and power. It
would be impossible to dissociate a clergyman^s influence from
the authority of the school. And when you told a child that it
was a non-sectarian school, he would ask at once how came it that
the clergyman was a member of the School Board ? The utmost
mischief would result from the appointment of clergymen to these
boards. The moment you appoint a Church of England clergy-
man you must appoint a Roman Catholic priest, and you must
also appoint a WesJeyan minister, and clergymen of other sects.
You would then have none but clergymen on the Board, and thus
the principle of non- sectarianism upon which the system rests
would be virtually destroyed. And if clergymen were to bo
appointed members of the School Boards, why should they not be
appointed members of the Council of Education ^ What was the
diflerence in principle 1 He would like to know how we shoidd
carry out this unaggressive system of education if we had clergy-
men upon the Council. It was not that we undervalued the
attainments of clergymen, but because we saw that it was utterly
impracticable, that we took our stand against clergymen being
appointed members of the School Boards. When we reflected
that the School Board had really nothing to do with the system of
instruction beyond seeing that it was kept efficient, that the
teacher did not relapse into bad behaviour, or that the building
did not fall into decay, was it likely that clergymen would wish to
be on the Board merely to attend to such matters 1 The clergy-
man would want to interfere, and tell the teacher what he thought
was right, and what he thought he ought to do. That was what
the law said the clergyman should not do. Therefore he thought
that, coming from so high a source, the opinion uttered by
Professor Smith was calculated to do very much mischief ; and he
was desirous of embracing the first opportunity to express his
dissent from that opinion. He believed the opinion was altogether
opposed to the principles and spirit of the Public Schools Act.
He understood that this school, the foundation-stone of which
had just been so well laid, would accommodate about 120 children.
He must say that he felt some pain that it would not accommodate
more. It seemed to him that as there were 90 children already on
w
322 . Speeches.
the roll the new building ought to have provided for a much larger
number; and he trusted, at all events, that the plan of the build-
ing was such that it could be easily enlarged on some future and
not very distant occasion. He could suppose that with an efficient
teacher it would soon be found that the school was overcrowded.
That seemed to him a matter of regret in a town of such import-
ance as Liverpool ought to be. He had now said what he
had chiefly come there to say. He had glanced at the origin,
growth, and results of the system of education we had amongst
us. He could scarcely express an opinion respecting a system with
which he had been so closely identified without laying himself
open to a charge of being unduly in favour of it. But, so far as
he could examine himself, he did not think he should be insensible
to its defects, or to anything superior that could be put in its place.
At the same time he felt it his duty to caution the people of this
country against too hastily meddling with the system. The
system had hitherto worked admirably well, and had produced
most gratifying results. It had multiplied schools in the manner
he had already shown. It had created an army of trained teachers
now 1100 strong. The Council of Education had 1100 men
and women trained to the business of teaching children. The
largeness of such a blessing as that could not be over-estimated ;
and it must produce most blessed results in the future generation.
It had done all this, and the system that had done so much was
worth holding fast. It was worth holding fast when persons of a
theoretical turn of mind and wedded to one idea talked of alter-
ing it. It was worth holding fast against persons who, however
benevolent in feeling, looked at the affairs of the world from a
narrow point of view. It was worth holding fast against all
changes.
The time might come when it would be necessary to enlarge the
system so that it might embrace a higher province of instruction
for the more gifted of our children, so that it should embrace,
perhaps, a larger number of subjects for instruction. But he did
not think that time had come yet. And it was one of the greatest
consolations to him to see that the Parliament of this country,
whilst it was giving public money to this good work, was at the
same time firm and resolute in protecting the system and keeping
it in existence. He thought he was at liberty to say that about
three months ago he received a letter from a Cabinet Minister of
Progress of the Education System. 323
England, the Minister who carried through the House of Commons
the present Education Act, Mr. Forster, the vice-president of the
Committee of the Privy Council on Education. Mr. Forster sent
him a copy of the Act, and in a letter which accompanied it he
said : — " I only hope I shall have the same good fortune with the
measure I have succeeded in conducting through the House of
Commons that you had with the Public Schools Act which you
succeeded in passing when Colonial Secretary of New South
Wales." He thought he was justified in stating the opinion of
that eminent statesman, because it reflected great credit upon this
country that England looked to us for an example of this high
import. Any interest which he might have in the matter was
very small compared to the interest which we all must feel in
knowing that our education policy was not unheeded by statesmen
in legislating on the same question for the people of England.
W 2
THE COMBINATION
BETWEEN
SIR JAMES MAETIN AND MR. ROBERTSON.
THE POLICY AND MEASUEES OP THE MINISTM.
[In December 1870 Mr. Cowper and his colleagues (one of
whom was Mr. Robertson) resigned office on failing to obtain
support in the Legislative Assembly. The Governor (Lord
Belmore) sent for Sir James Martin, and entrusted to his hands
the formation of a new Government. After his defeat in the
Assembly, Mr. Cowper appointed himself to the office of Agent-
General in London, and in the course of a few days it was announced
that Sir James Martin had formed an Administration, in which
Mr. Kobertson held the office of Colonial Secretary. This sudden
and unexpected combination created the greatest political scandal
in the history of New South Wales, the effects of which are still
visible in the state of parties. In the beginning of 1872 Sir
James Martin, having sustained defeat in the Assembly on the
question of collecting the Border Customs duties, obtained from
Lord Belmore a dissolution, which resulted in an overwhelming
majority opposed to the Government. The following speech was
delivered during the election for East Sydney, where Sir James
Martin and one of his colleagues — Mr. John Bowie Wilson — were
candidates, and where both Ministers lost their seats : — 1
SPEECH
Delivered at a meeting of the electors of East Sydney, February 10th 1872,
Mr. Parkes said : I have come here to-night to support Mr.
Alderman Macintosh as a candidate for East Sydney. I do not
desire to be understood as pleading my own cause in coming to this
meeting ; but as a citizen I come, by my presence and by any
influence 1 may possess, to support the claim of this gentleman.
Sir James Martin and Mr. Robertson. 325
Alderman Macintosh has told you that if he were to be defeated it
would be no disgrace to him, but rather a disgrace to those who
brought him forward. I dissent from that altogether. There is
no disgrace attaching to defeat. What we have to do in any great
national struggle is to select the right side, to do our best to win ;
and, whether we succeed or not, if we have performed our duty
there can be no disgrace. I am not in favour of men who, before
engaging in any cause, take particular pains to be certain of suc-
cess. It is a much more wholesome thing when they take pains to
be right ; and then, whether they stand in twos and threes, in
hundreds or in thousands, their cause is equally glorious whatever
may be the issue. The cause which does not succeed to-day will, if
carried on in that spirit and sustained by that energy, succeed to-
morrow. I have no personal interest in this election. I care noth-
ing for the issue so far as it can affect myself. I shall have done well
if only I can break up the factions that now exist in this colony.
My first object — and I declare it before the world — is to punish
traitors, to vindicate our institutions, and to roll back the tide of
corruption which has set in upon us. To me it is of no moment
whether I go into the Assembly or not ; but if by the powers
which God has given me I can assist in bringing this struggle to
a glorious result, I shall have done a good work. Now, you were
told by Mr. Samuel that he did not think that the enemy were
strong. Don't undervalue their strength. It is a fatal weakness
to underrate the power of your opponents. Fight this battle as if
victory depended on every individual, and do not believe you have
won it until you see your flag waving over the ramparts of the
enemy. You have been told already of some characteristics of
the combination which took place thirteen months ago between
Sir James Martin and Mr. Robertson, but there is one feature in
the character of that combination which I do not recollect having
seen noticed. Sir James Martin prides himself on his political
standing as a man of ability and political character. He had for
twelve years expressed his derision of Mr. Robertson. For
twelve years he had indulged in all kinds of condemnation of that
gentleman, and yet it appeared twel\re months ago that, with all
his strength, with all his ability, with all his public standing, he
could not form a Government without the assistance of Mr.
Robertson. Mr. Robertson — the despised of twelve years — was
necessary, logically necessary, to cement his own materials together
o
26 Speeches.
in that new-fangled Cabinet. So, again, the Ministers have in
every conceivable form of language denounced Mr. Buchanan;
and that is a service which Mr. Buchanan has also done for them.
Yet these Ministers, who four months ago were denounced by Mr.
Buchanan, and who regarded Mr. Buchanan as a gentleman who
never ought to have a seat in Parliament again, find it necessary
to take Mr. Buchanan to cement them together in this election !
Thus we see a consciousness of rottenness all through, a conscious-
ness of inherent weakness, a desire to get anybody's strength, be
it the strength of the Devil himself, to bind them together.
The combination between Sir James Martin and Mr. Eobertson
has sometimes been excused by persons of shallow understanding
by a reference to other combinations which have taken place.
Amongst other cases they have referred to the coalition between
Sir James Martin and myself some five, or nearly six, years ago.
If you will permit me, I will show you the difierence. In the
beginning of 1866 Sir James Martin was sitting in Opposition,
and had been sitting in Opposition some considerable time — a year
or more. I, too, was sitting in Opposition, and had been sitting
in Opposition a long time. I had never been in office at that
time, and the coalition between him and me was simply a coalition
of two members of the Opposition, who disagreed in some par-
ticulars, but who agreed in more important matters at that time
— on the question of education for example. Coalitions of that
kind have often occurred in the mother-country, in this colony,
and in the sister colonies. And, indeed, in these small commu-
nities, with the limited number of public men who are eligible for
office, it is almost impossible to construct a Cabinet without some
compromise of that kind. But what was the case between these
two gentlemen 1 One was the accepted leader of a number of men,
amongst whom was myself, and the other was the accepted leader
of a number of men who had followed him, as I think, with too
close a fidelity for many years. They were standing at the head
of distinct parties. They had been standing at the head of parties,
or struggling to get to the head of parties, for ten or twelve years.
They had both been in office. They had both carried Bills into
law ; and in office and out of office, on the hustings and in public
meetings, in the Executive Council and on the Statute-book of the
country, they had impressed on the very tissue of their lives
their political antipathy to each other. They could not coalesce.
Sir James Martin and Mr. Robertson. 327
They could not combine. They were not in a position to do the
one or the other without betraying their friends. And yet the
combination was formed, and formed with the avowed object of
rendering Parliamentary Opposition impossible in the Legislative
Assembly of the country. Now such a combination of men as
that is unknown during the present century in the political
history of England. I challenge any person to point to any
instance in the history of England since the beginning of this
century which is in any way analogous ; and it is in this
the infamy of the combination consists. What was its immediate
effect 1 It was to shock the followers of these gentlemen on both
sides. Every man with the slightest pretension to conscientious
conviction, every man with the slightest attachment to principle,
who believed he was serving under a true chief, felt that he had
been deluded and betrayed, and he became shocked and disgusted
with public life. The consequence was that the Government
gathered round itself the worst men on both sides — the most dan-
gerous men that have entered Parliament, and the Government
party is now made up of the waifs and strays of all parties — the
shifting, disappointed, and self-seeking men of all sides. The rats
came out of all the holes in the old Assembly. By degrees they
began to smell the crumbs falling from the Treasury-table, and the
result was that they were speedily and palpably seen clustering
round the hand that fed them with this corrupt food. That is the
state into which the Government of this country had descended.
I dare say there are men in this meeting who have heard my
voice before. Possibly there are some who listened to me when
responsible Government was first introduced. If there are, they
will remember that I said on many occasions that the thing which
the electors had to keep in view above all other considerations
was to preserve the independence of the Parliament of the
country. I used this language sixteen years ago. I have
used it at intervals during the intervening period, and I
use it most emphatically in almost the same words to-night.
Bad men may rise to power ; bad laws may be enacted ; but
you can sooner or later eject the bad men from power, and
erase the bad laws from the Statute-book. But once degrade
your Parliamentary institutions, and a wrong is done to the
country which will not be remedied during your lifetime. Sir
James Martin deserves impeachment, if there were any power of
328 speeches.
impeachment in this country, for degrading and corrupting the
Parliament of the country for his own selfish purposes. And yet
last night an old colleague of mine — Dr. Wilson, forsooth ! —
complained that I was opposing my old friends ! After such an
event as that in December 1870, when these two men consented in
the dark to cover up their past differences at whatever cost in the
betrayal of their friends — is there any man who will not say I was
released at once from all party obligation 1 Was I the author of
this treason ? Did I countenance it 1 Was I in any way asso-
ciated with it? If persons with whom I might be associated
chose to commit an act of treachery, I should be traitorous to
myself and false to you if I did not cast off such allegiance for
ever.
I for my part am not surprised — not very much surprised —
at Mr. Robertson, because I have heard him boast — apparently
quite unconscious of how he was exposing himself — that he had
served in office with more men than any other person in the
country. And I believe he has served in office with about thirty-
nine gentlemen. The Assembly consists of seventy-two members,
so that at one time or another he has had more than half the
members of the Assembly as his colleagues. When I have heard
this gentleman boast of it I have looked at him with a sort of
curious amazement, as we should do at any newly -found animal —
the discovery of a cat with thirty-nine tails, for instance. The
idea that his boasting suggested to my mind was that of a young
lady priding herself that she had had more lovers than any other
girl in the country — that she had brawny men and slight men,
tall men and short men, men with dark hair and men with yellow
hair, men of an active temperament and men of a slow tempera-
ment ; in fact that she had had ten times more lovers than any
other girl ! But I would like to know what honest man would
take her for a wife ? To me it was astonishing that Mr. Eobert-
son could not see the dangerous inference that would be drawn
from those unseemly vauntings. I therefore am not surprised at
Mr. Robertson now, and I am not quite sure that he would not
take office under that illustrious statesman, Mr. William Cum-
miiigs, to-morrow ! (A voice : *' He would under Jack Davies !")
I hear some gentleman say he would take office under Mr. John
Davies. Why, does not the gentleman know that he has taken
office under Mr. John Davies already 1 Mr. John Davies takes
Sir James Martin and Mr. Robertson. 329
to himself the credit of arranging the whole thing. " We did it !"
says Mr. Davies.
Well now, gentlemen, let us come to the fruits of this beautiful
combination. When the late Government went out of office, Mr.
Wilson was distinguishing himself as the champion of the working-
men of this city, and he had a Labour Bill before the Parliament.
He presented a petition signed, I think, by ten thousand mechanics
in favour of that Bill ; and he took great pride to himself when he
brought the large roll before us — a roll so large that it nearly
concealed his own slight person. He presented another petition
from Newcastle, represented by our excellent friend Mr. Lloyd
here. He presented petitions from other parts of the country ;
and he said he should like to see the man who would dare to vote
against the Labour Bill. What became of it ? I suppose there
are mechanics here 1 What became of that Eight-hour Bill 1
(Cries : " He shelved it.") Mr. Wilson was prepared to show
in the most unanswerable way the philosophy of reducing the
hours of labour to eight; and no doubt that is a great social
question presenting great interest. Well, Mr. Wilson kept this
Bill dangling before the Assembly and the public for three months,
I think, at least, after it got to the second reading. I remember
distinctly that it often came on in the early part of the day, when
he could have proceeded with it, when there was no other business
on the paper ; but he did not proceed with it, and at last he went
into office, and we heard no more about it. Now when Mr.
Wilson acceded to office, his mere presence in the Government of
the country conferred so many blessings upon the mechanics and
labourers of this city and colony that they no longer wanted an
Eight-hour Bill. That may be the explanation ; but this is
certain, from that day to this we never heard another word of this
great social question, or of the Labour Bill which this great
champion of the working-men of the country was going to carry
into law. It is right that things of this kind should be exposed,
because it is an unmanly, a mean, and a shameful thing to delude
that large body of our fellow-citizens who have not time to attend
much to the affiiirs of the country — and to do it for the mere
purpose of making political capital out of them. If Mr. Wilson
believed in this Eight-hour Bill, when he got into office he ought
to have tried to carry it into law ; and I repeat it is a con-
temptible thing for the mere purpose of securing the favour of the
330 Speeches.
working-classes of this country to pretend to do a thing which
either he never believed in, or which he allowed his own personal
interests to deter him from doing.
Before I proceed to the measures of the Government I wish to
allude to one other matter to show the character for consistency
and fair play which distinguish gentlemen. When it was pro-
posed to reduce the wages of the mechanics and labourers a
numerously signed petition was presented, I believe, by Mr. Samuel
againsc this reduction. This petition like the other which I have
referred to was informal — that is, technically, it was not presentable.
But when Mr. Wilson was seeking to please the working-classes
he moved that the Standing Orders of the Assembly be suspended
for the purpose of presenting that petition on the Labour Bill ; but
when the petition signed by ten thousand persons was presented
by Mr. Samuel against the reduction of wages, and when it was
proposed that the Standing Orders should in this case also be sus-
pended to allow the petition to be presented — then the whole of
the Ministers either voted against its reception or left the Chamber
in order to break up the House. My reason for alluding to these
two discreditable incidents is to show the unmanly and mean
character of this Government, to show that there is no generosity
about them, that there has been no fidelity to their avowed
principles, and that they are quite prepared, when it suits their
interests, to take advantage of any slight technicality, at one time
to defeat that which at another, when it suited their interests, they
were quite ready to promote.
When Sir James Martin last appealed to the electors of East
Sydney for re-election, after accepting office, he made a very
remarkable speech, and many of you will recollect that he gave
expression to sentiments of this kind — that the people did not care
who were in office, so long as the business of the country was
carried on it was nothing to them who carried it on — that the
people in fact had no regard to the consistency of public men, no
regard to their faithful adherence to their professed principles — that
they cared nothing about morality in political matters. We were
expected to believe that the people gave up their time to attend
public meetings, left their labour to record their votes at elections,
not with a view to have the Government of the country carried on
by men in whom they believed, but because they did not care
what became of the Government of the country ! At the time
Sir James Martin and Mr. Robertson. 331
I thought that this was a very bad omen, and that we should soon
see what kind of administration and what kind of legislation a
doctrine of such a kind would be made to cover. The first proposal
made to the Assembly was one to double the ad valorem duties. I
am not going to discuss a question of taxation to-night ; but I simply
refer to facts. For two years before that Mr. Robertson had been
constantly promising the repeal of the ad valorem duties, and those
oft-repeated promises were even put into the mouth of the Governor
in the speeches which he read at the opening of Parliament. It
certainly was a startling illustration of the doctrine that the
people did not care how the affairs of the country were carried on
when the same gentleman who had persistently promised the
repeal of the ad valorem duties, suddenly, and without notice of
any change in his opinions, had the barefacedness to propose to
double those duties. Then that tariff was submitted which
showed no discriminating desire to adjust the burdens of taxation
according to the interests of the people ; but which did manifest
the ruling passion in this Government, and that is to grind down
a handful of population and to press out of them the largest
amount of revenue. And this revenue was to be expended in
fortifying the harbour, in creating in this country a small standing
army — a standing army which consists, I believe, of some 250
persons all told, and of these some 53 are officers ! This standing
army costs you at once £20,000 a year. The amount for military
purposes on the estimates of public expenditure for this year is
£20,000 ; and of course, if the military genius of Sir James
Martin has full swing, that* will soon be £40,000 a year.
In past times we heard a great deal about " cocked-hats " and
^' swords." The gentleman who used to enliven you with stories
of " cocked-hats " and " swords " was Mr. E-obertson ; but we
have not heard a single word about the " cocked-hats " since he
assisted Sir James Martin to create this magnificent standing
army. It is said that he lives at a retired bay in our harbour
near the Heads ; and stories are told how on every moonlight night
a rather emaciated figure, with a long venerable beard, wearing a
cocked-hat decorated with a plume, is seen to glide down to the
beach, and, with sword dangling at his side, go through his mili-
tary exercises preparatory to leading his noble army to the banks
of the Murray River. So that in reality we have not only got
General Martin in the country, but we have got Corporal Robert-
332 Speeches.
son too ; and I am told that the wives and daughters of the
mechanics and labourers who have been docked three shillings and
five shillings a week in their wages — (A voice : " No, twelve") —
are not merely satisfied, but delighted at this martial spectacle,
and consider it an ample recompense for the deprivation to which
they have been subjected, to be allowed to behold Mr. E-obertson
in his " cocked-hat ! " But it is a fact, at all events, that this new
appendage to the country, this standing army, which entails upon
those very classes of the people these additional burdens, was
created at the very time the reductions in the wages of the
Government workmen took place.
You have already been told something about the Land Bill. I
think I am entitled, whatever view Mr. Samuel may take of it, to
regard that Land Bill as it was introduced into the Assembly.
The question had been discussed at different periods for the last two
years. It had been promised at difi'erent periods for the last two
or three years. It was not hastily framed, and we have a right
to try the intentions and designs of the Ministers by the Bill
which they introduced. That Bill I unhesitatingly say is a
monstrous class measure. Class legislation is in itself bad, even
where it is unavoidable. In some cases, however, laws have
to be passed that only affect classes, laws for regulating particular
trades for example ; but inherent in all such laws there is a bad
principle which nothing but necessity can justify. But no such
necessity can be alleged on the land question. This is a question
immeasurably above all others, where legislation should be as
common as the sunlight of heaven, where whatever you do should
be done for all. Whatever principle you enact, whatever provi-
sion you frame, should be open to every man who can take
advantage of them. I denounce this Land Bill because it is not
of this open, this catholic, this general character; but it is designed
exclusively for particular classes of the country. It only professes
to deal with the free selectors who are already upon the agricul-
tural lands, and it deals with them in a way from which they pray
to be relieved. The other class with which it professes to deal are
the pastoral tenants. It extends to the free selectors the power
of doubling their present holdings where they now hold the
maximum extent which the law allows, and that is 320 acres.
So that if they have 320 acres now the Bill will enable them
to make it 640 acres, and then it allows them to buy 640
Sir James Martin and Mr. Robertson. 333
acres more of what is called in the Bill back or inferior lands,
which they can get at 5s. an acre. Now I believe it is a fact that
the great majority — nine out of ten — of the free selectors do not
possess so much as 320 acres. Therefore this Bill would be
entirely inoperative to nine out of ten of the free selectors. They
have not already worked up to the extent which the present law
allows them to select ; and, therefore, supposing that is a benefit
which is offered by the new Bill, it is a benefit which can
only be secured by the richer and the more powerful of the
free selectors, while the small struggling free selector is left pre-
cisely where he is now. While that is the case, it allows the
pastoral tenants, if they choose, to buy up the richest parts of their
runs, to the extent of 16,000 acres in one block, at an average
price of 8s. an acre : and it does not allow any other person in the
country to do the same thing. Suppose our worthy friend. Alder-
man Macintosh, retired from business to-morrow, and wished to
spend £70,000 in locating himself as a land-holder in the
interior ; he could not do it. Or if a gentleman arrived in
the colony from England with £50,000 to his credit, and
wanted to take up land in the same way, he could not do it.
This privilege, good or bad, is confined to one class alone,
and for that reason it ought to be universally condemned.
I say that men who could have such a conception as that of land
legislation are utterly unfit to be trusted with disposing of the
territory of New South Wales. What does this land question
imply amongst us ? What is this soil, this crust of the earth 1
It is an element created by the all-wise Creator of the universe for
the benefit of man, without which none of us could live for a
single day. Everything we use in society, the materials of which
this building is composed, of which this table is made, the clothing
we have on, the articles of comfort or luxury we have in our
homes, the food we eat — everything we enjoy comes out of the
land, and without it we could no more live than we could live
without the atmosphere. As inhabitants of a new country we
have this element of life, from which everything is derived for our
comfort, convenience and sustenance, fresh from the God who
formed it, and we ought to regard it as one of the most solemn
duties — a duty fraught with the most grave and sacred conse-
quences — how we alienate it and dispose of it among the people.
There are some philosophers in Europe, numbering amongst them
334 Speeches.
some of the most profound intellects of the age, who believe that
land never ought to be held as private property. On account of
its connexion with human life in the way I have described, they
contend that it ought to be held in trust, and that it ought not to
be passed away under the mere seal of any Government. Without
going the length of these doctrines, I say unhesitatingly that the
work of alienating the land is a work of more sacred and
tremendous consequence than anything that can fall to the lot of the
statesmen of old countries like England or France. As we perform
this work, so will rise the structure of society when we are dead. As
we perform this work, so will our descendants be free, independent,
and prosperous men, or the reverse. As we perform this work, so
this colony will rise to the dignity of a great free country, or
become despised and enslaved, and descend amongst the least
powerful nations of the world. If therefore this view of mine be
at all correct — and I defy any one to prove that it is unsound — it
is something like treason to the commonwealth to frame a class
measure dealing with the public lands ; and because it is a class
measure, without examining its provisions, I say it ought to be
condemned.
Coming to the question of the Border duties, if you will permit
me I should like to say a few words. I certainly do not wish to
weary the attention of the meeting. I have heard views expressed
on this question by members of the late Assembly, and by persons
professing to deal with public affairs, which have amazed me for
their stupidity. I have heard gentlemen engaged in legislating
for the country say, " Why should not the people on the River
Murray pay duties as well as the people of Sydney 1 Why should
not the duties be collected on the River Murray when they are
collected in the port of Sydney ?" And they seem to be utterly
incapable of distinguishing the difference ! These are the people
who belong to the class which I once had the honour to describe
as gun-barrel philosophers. They are continually looking down a
tube, and because they only see a small point of light they do not
believe that there is anything else in the universe. " Why
should duties not be collected on the Murray when they are
collected in Sydney V say they ; and they fancy that they have
silenced all objections by this astute observation, which they take
to be an argument ! I will tell you why. The Murray River is
a stream not wider than Pitt-street, except in flood time, where
Sir James Martin and Mr. Robertson. 335
there are persons living in close neighbourhood on both sides of
the river. Suppose that whenever the persons living on the west
side of Pitt-street went to the east side of Pitt-street to buy a tin
pot, six pounds of sugar, a pound of tea, or two or three loaves o^
bread — suppose they were stopped in the middle of the street by a
Custom-house officer, and compelled to go back and get a permit
for every article. What a pretty state of harmony Pitt-street
would be in ! Then there would be work for the standing army,
and we should see Alderman Macintosh at the head of the insur-
gents. Well that is exactly the case of the settlers on the borders
of this narrow stream ; and yet these wiseacres cannot see the
difference between a state of things like that and duties paid on a
cargo of goods at the Custom-house in Sydney, where the duty
enters into the price of the goods — the merchant charging it to
the retailer, and the retailer to the consumer, who may be said
to pay the duty without knowing it. Such a state of things
as that would be enough to goad on any people to sedition and
insurrection ; and I say if I was a settler on the Piver Murray, I
would never rest until that state of things was put an end
to. Inconvenience is occasioned by the collection of duties here;
but on the Murray the collection of them would be a perpetual
annoyance, goading on men to desperation and rebellion. It is
simply talking nonsense to say that there would be no inconveni-
ence ; and persons who fail to see any difference between collecting
the duties at Sydney and on the Murray show that they are
utterly unable to grasp the large question at issue. I am as
desirous of preserving to New South Wales the revenue which
belongs to it as any man ; but I say if there were no other means
of saving our fellow-colonists from a system of annoyance such as
this, it would be wise to forego the revenue altogether. But there
is no necessity for that, because an arrangement might be made
with the other colonies by which substantial justice would be
done, and this annoyance to our people be entirely removed.
But the gentlemen who govern us prove by their own acts and
their own reports to Parliament that they are entirely incom-
petent to conduct the negotiation necessary to obtain that result.
In the first place they proceeded in great state overland to Mel-
bourne. Sir James Martin had heard that negotiators five
hundred years ago used to go on their missions in carriages with
cocked-hats, swords, and a retinue of young men, who were to be
33^ Speeches.
inducted into the science of diplomacy. He imitated this old-
fashioned system of diplomacy, and proceeded with his retinue in
great form to the borders of the colony. He accepted a little
paltry dinner there, and he declared that if his views were not
adopted — or, as he put it, if the Victorian people were not
reasonably fair — he should not shrink from his duty and re-
establish Custom-houses on the Murray. Now, I have put this
illustration before at Mudgee ; but as you were not at Mudgee you
will allow me to state it here. Suppose the Commissioners
appointed by the Government of England to proceed to Washing-
ton to settle the difference which had arisen between England and
America out of the ravages of the pirate ship " Alabama," and
out of the Canadian Fisheries question — suppose they had
stopped at Liverpool, which will answer to Albury in our colony,
and had accepted a dinner ; and suppose that at that dinner
they had declared that if the Cabinet at Washington would
not listen to reason, they would not hesitate to see that the
dockyards were put in order and the recruiting-sergeant sent
forth. Do you think they would have been received by the
Cabinet at Washington 1 And when they came back to London
do you think they would have been listened to with patience by
either House of Parliament ? Notwithstanding that that Commis-
sion was composed of men sprung from illustrious families,
distinguished by great services and high talents — notwithstanding
all their claims to consideration, do you think they would have
been permitted to continue in power in England ? (Cries of
** No.") I am confident you are right. But that is precisely what
our negotiators did before they left this colony, and was it any
wonder that they did not succeed 1 Sir James Martin's own
report is that because the Ministers of Victoria said they would
not give more than £60,000 per annum, he never pressed his
case. By his own report, and by his own explanation before the
electors, he admits that he took up the position of an ill-bred,
ill-blooded, surly boy, when he virtually said, '' Unless you give
me what T want I won't have anything more to do with you."
Then he put it in another form : " You must give me what I ask,
right or wrong ; and if after that you can prove that I am
entitled to something more, you must give me that too." That is
really a fair exposition of the position taken up by Sir James
Martin on this question, and I ask you whether it is not dis-
Sir James Martin, and Mr. Robertson. 337
creditable to us that we should tolerate any excuse for the bungling
of a great question like that 1 Suppose Mr. Duffy is the person
they represent him to be — in place of what he really is, an able
and accomplished man — but for the sake of argument we will
suppose Mr. Duffy to be what these gentlemen represent him to
be — what then are we to think of our own representatives who
put it in his power to slap us in the face time after time, while
we are bound to admit that these slaps are justly given 1
I say the discredit which these persons have brought upon the
country is, and ought to be, unpardonable. But then look at the
consequences. Is there any man in this city so dead to the federal
interests of these young countries as not to know that it is the
duty of every public man who can see beyond his own interests,
who can rise above the exigency of the day, to promote harmony,
peace, and goodwill among the colonies, so that hereafter they may
unite in a great Australian empire worthy of the great mother-
land from which we are descended "i But by a course of conduct
like this impediments are thrown in the way of harmony, bitter-
ness is promulgated, and if these men are allowed to have their
swing, nothing short of disaffection, rebellion, and dismemberment
can follow. A Government which is capable of these monstrous
proceedings is deserving the support of no man, whether he comes
from England, Scotland, or Ireland, or whether he is a native of
the soil — is deserving of the support of no man who stands erect
in the light of day, who judges of questions for himself, and who
is capable of bringing to them a clear and an independent under-
standing.
My only object here is to support Alderman Macintosh ; but it
seemed to be necessary to show you the case with which Alderman
Macintosh will have to deal. It is because I believe in Alderman
Macintosh's conscientiousness, because I believe he will not blink
any of these questions, but that he will struggle for the right in
the performance of his duty, however unpleasant it may be, that I
have come to give him my unqualified support. The time is come
when you must suffer no dictation. If any person, be he whom he
may, meet you at the corner of the street, take you by the button,
begin whispering some story into your ear, and ask you to pledge
yourself blindly to some course — tell him you are a free man.
The language to address to a person like that is — " Who are you 1
Who authorised you to interfere with my discharge of my duty t
X
33^ Speeches.
I am a free subject of a free Government. I am capable of
judging of these things for myself. I will have none of your
impertinence ; but I will do what I believe is for the good of
my country by voting as my conscience and my judgment
direct me."
THE BORDER CUSTOMS DUTIES.
[Mr. Parkes accepted office as Colonial Secretary and Premier
May 14th 1872, and immediately a Bill was brought forward in
the Legislative Assembly to enable the Government to make con-
ventions with the colonies of Victoria and South Australia for the
free passage of the River Murray. In moving that the Bill be
read a second time (June 1 9th) the following speech was delivered
by the Minister. The second reading was carried by 37 votes to 17,
and the Bill was subsequently passed through all its stages and
sent to the Legislative Council. It was, however, defeated in the
Upper Chamber. In the next session another Bill for the same
purpose was introduced and passed into law ; and under the pro-
visions of this Act conventions were made both with Victoria and
South Australia for the payment of lump sums in lieu of the col-
lection of Customs duties on goods imported into the three colonies
along the Biver Murray. After some months the Victorian Con-
vention was annulled by the action of the Francis Ministry. The
South Australian Convention is still in force.]
SPEECH
Delivered on making the motion that the Border Duties Convention Bill be
read a second time in the Legislative Assembly, June 19th 1872.
Mr. Parkes said : In moving that this Bill be read a second
time, he need not occupy much time in endeavouring to state the
question which the Government desired to deal with by the
measure in his care. It had been so much under the considera-
tion of Parliament, and had been a subject of such strong opinion
out of doors, that it must be pretty well known to all divisions of
the public. He approached the question with a full sense of the
respect which was due, and which he desired to pay to that portion
of the public who thought differently from himself and colleagues.
It seemed to him that at all times when there was any question
of great public interest, those who took one side were in a special
manner required to respect the convictions of those who took the
other side. This to a very large extent had been the question —
x2
^40 Speeches.
though he was willing to admit that it was not the only question
— upon which the suffrages of the country were taken a very short
time ago. It had been debated in the late Assembly on several
occasions and under very different circumstances; and it could
not be supposed that any single member was not prepared to
consider it at the present time. Those who thought with the
Government were of opinion that as a matter of policy it was
unwise, and would lead to many unpleasant and disastrous con-
sequences, to collect, by actually stationing Custom-house officers
on the Murray frontier, the duties which were justly receivable
upon goods imported into this colony from the neighbouring
colonies or exported from our territory into theirs. Those who
took the opposite side maintained the ground that it was in the
same manner just and reasonable to collect the Customs duties all
along the Murray frontier as it was to collect them in the port of
Sydney. He would not attempt to go over the ground which
had been gone over so often in order to impress upon the
mind of that House the disadvantages and impolitic results
that would follow the continued collection of these duties on the
Murray E-iver. The Government thought that substantial justice
to the colony could be obtained without the necessity for the
actual interposition of the Customs authorities — that substantial
justice could be obtained for the whole population without placing
a portion of that population under circumstances of annoyance,
delay, and irritation, to which the rest of their fellow- colonists
were not subjected. It was not the case that equal justice was
dealt out to them and to the rest of the colonists by enforcing the
law alike in the ports of our seaboard and in the river ports along
the frontier. Because, as had been frequently pointed out, it was
one thing for the Customs duties to be paid upon cargoes or large
consignments or whole packages in the port of Sydney, and by a
means which in no way came home to the immediate consumer,
and it was quite another thing to enforce the same law on a narrow
river like that which divided this colony from the colony of
Victoria, and where its enforcement was felt in the most irritating
manner in close connexion with all the daily transactions of life.
And the Government said — not that they desired in any way to
favour the remote border settlers — not that they desired in any way
to relieve them from the burdens which they ought to bear in
common with the rest of the population — but they said that it was
Border Customs Duties. 341
sound policy to relieve them from, this species of irritation which
must, if the law was actually enforced, fall upon them, whilst it
did not fall upon the rest of the population. That was the view
entertained by some gentlemen of much ability and high standing
in this country a very short time ago, who now took an opposite
view. The hon. and learned member for East Macquarie (Sir James
Martin) was the author of the only agreement which had existed
to secure Free-trade across the River Murray. When that agree-
ment was made the subject of legislation — when the honourable
and learned member introduced a Bill to make it a part of the law
of the country — he delivered a speech full of forcible argument in
support of this Free-trade across the intercolonial boundary line.
At that time — in the year 1867 — the case had not received the
large and general discussion which it has since received. Little
attention had then been directed to it beyond the districts which
were affected by the actual practice in carrying out the law ; and it
seemed to the Government that on this account it was now neces-
sary to take a course quite different to the course which was then
taken. It seemed to the Government that it was desirable in
attempting to deal with this matter at this stage to keep steadily
in view the fact that a considerable body of our fellow-colonists
had now, as it were, been educated into something like convictions
on this question in opposition to the views of the Government.
They were a very considerable minority, assuming, as he did
assume, and as he thought he was entitled to assume, that those
who took the views which he held were the majority in the
country. These persons had thought over the question, had
formed opinions, and come to conclusions such as had no existence
in 1867. And in respect to the persons who had arrived at these
conclusions from a process of inquiry and discussion, he thought
we were called upon to afford them a fair opportunity of stating
their views in opposition, and to fairly enter into a discussion of
the question before we came to a settlement of it. And it was
for that reason he thought it his duty to give the time — not a very
long time he admitted — which was asked for by the honourable
gentlemen opposed to this Bill — that was, seven days from the
introduction of the Bill to its second reading. Similar considera-
tions induced the Government to seek the authority of Parlia-
ment to proceed in this matter rather than enter into an arrange-
ment with the Government of Victoria first, and then seek the
342 Speeches.
ratification of that agreement by the Legislature, as was done five
years ago. It seemed to the Government that it would be by far
the most desirable way, the most satisfactory to all parties, to
bring the matter before the Legislature and get the decision of that
House before they attempted to do more than the law authorised
them to do. He did not think it could be denied that the Govern-
ment had done all they could do without the authority of law.
Even those who might perhaps think the Government had not
taken the most prudent course, that they had made mistakes in
judgment, would, he thought, admit that the Government had lost
no time in endeavouring to bring the matter at once before the
notice of the Governments of the neighbouring colonies, and that
they had prepared, as far as they possibly could, the minds of these
Governments for legislation on the subject.
Now he wished to explain for himself and for the Government
of which he was a member, that whilst they were very anxious to
do everything that could be done to relieve the border settlers
from the grievances of which they complained, they were at the
same time equally anxious to keep in view the interests of the rest
of the population of this country. And they did not wish to pro-
ceed in doing what they thought the Legislature ought to do in
meeting their claims, without at the same time taking every step in
view of the interests of other sections of the community. And
holding that view, which he did very strongly, and which was in
accordance with the expression of his opinions at all times, it
seemed to him that it was necessary for the Government to obtain
legislative authority in proceeding with this matter, for two or
three distinct reasons. In the first place, in consideration of the
changed state of public feeling and the altered circumstances to
which he had already adverted, it appeared to him necessary to
obtain legislative authority to suspend the actual collection of
these duties, rather than to take that course by any measure of the
Executive Council. But it appeared to him, in a still more
forcible manner, necessary to obtain legislative authority in order
to ensure correct returns in the accounts upon which a new agree-
ment was to be based. And he said at once that at the present
time he should be most unwilling to be a party to taking any
account of these duties for a period of twelve months, unless we
had the utmost guarantees the law could give us for ensuring the
correctness of such account ; if there was to be any value attached
Border Customs Duties. 343
to the information collected by persons appointed for that purpose,
it must be obtained under the authority of law. Persons might
be led to give inaccurate information from a variety of motives.
And if an agreement was formed between this colony and the
colony of Victoria, by which we were to receive a lump sum, in
quarterly payments, in lieu of the amount which we should other-
wise receive by the actual collection of the duties for a term of
years, the revenue would be affected by any inaccurate return, not
to the extent of the duty upon that one transaction, but to the extent
of such duty for five years. He therefore thought it was incum-
bent upon the Government not to be a party to the taking of any
such account as had been proposed without first ensuring that that
account should be thoroughly trustworthy, and fairly represent the
commercial traffic across the frontier. In the next place, it seemed
to the Government desirable that they should have legislative
sanction for inviting the Governments of other colonies to be
parties to this account. It appeared to him and his colleagues
more satisfactory that that course should be taken with the sanc-
tion of Parliament than that they should simply carry out a deci-
sion of the Executive Council.
The Bill which the Government had introduced, and which he
now asked the House to read a second time, provided in the first
section for the suspension of the existing law during twelve
months whilst the account was being taken. He was inclined to
think that that clause would require to be amended when it got
into committee. But he did not think that this would be the
first Bill that had been amended in committee. It would not want
amending in any way which would affect the principles of the Bill.
He thought it would probably require amending in such a way as
would give the Governor, with the advice of the Executive
Council, power by proclamation to state when the twelve months
should commence during which the account was to be taken.
The object of the clause was simply to suspend the operation of
the existing law during the time the account was being taken.
The second section empowered an account to be taken jointly by
the officers of the neighbouring colony and officers of this colony.
The third section formally gave power to the Government to join
with the Governments of the neighbouring colonies in taking an
account or accounts, because it was possible that an agreement
might be made with Yictoria and a separate agreement with South
344 Speeches.
Australia. By the fourth section it was provided that the money
which was shown to be due to New South Wales should be paid
into the hands of our Government within thirty days after it had
become due. JBy the Border Duties Agreement which was enacted
in 1867, he remembered that notwithstanding that the agreement
had the force of law and provided that the sum of £60,000 due
to this colony should be paid quarterly, the Victorian Government
refused to paj^ the money for nearly twelve months. He remem-
bered, holding as he did the office of Colonial Secretary at the
time, receiving minute after minute from the Treasurer of the
day calling his attention to the subject, and he remembered
writing letter after letter requiring the money to be paid, and he
well remembered receiving letters from Sir James M'Culloch
offering reasons for the non-payment of the money when it
amounted to nearly £60,000. In fact they declined to pay a
single penny, notwithstanding it was the law of our colony that
it should be paid every three months, until it had been voted by
the Victorian Parliament. Now as it was our revenue, which we
should collect through our own Custom-house officers under
ordinary circumstances, he denied that there was any constitu-
tional right in the money being voted by a Parliament which had
nothing whatever to do with it. And he should require the
Government of the neighbouring colony to obtain an enactment, if
necessary, authorising them to pay over this money when it was
due. Of course our law would have no binding effect upon them.
In the former case to which he had alluded, the delay in the
payment to us was caused by a dead lock between the two Houses
of the Victorian Legislature. And what, he asked, had we got
to do with any dead-lock between those two Houses 1 The fifth
section was framed to enable the Government to make the
necessary agreement for suspending the collection of the duties on
conditions defined in the other provisions of the Bill. Now he
was aware that very possibly objection might be taken to this
portion of the measure, and that it might be urged that they were
attempting to withhold from Parliament the authority to supervise
the terms of the agreement. There was in the House of Commons
a party of able men who were insisting that that House ought to
be consulted before any international treaties were entered into.
But that party in England was at present a very small and power-
less one. It was very easy to see how hampered the authority
Border Customs Duties. 345
of Government would be in making any arrangements of this
kind if they could only be made subject to the consent of Parlia-
ment. We had had the views of the Prime Minister of England
clearly expressed upon this subject only a few months ago, when
a question was asked in the House of Commons by Mr. Horsman
as to whether the Government would promise the House not in
any way to vary the propositions between the Cabinets of London
and Washington without allowing the House of Commons to
express its opinion upon any new proposal that might be made.
On that occasion the Prime Minister expressed his views upon the
existing state of the law and the constitutional course that ought
to be pursued under such circumstances ; and the leading organs
of public opinion — the Times, the Fall Mall Gazette, and other
papers — concurred in applauding the singular soundness of the
opinions thus enunciated. He was fully sensible of the great
difference between a treaty made between two colonies and one
between Great Britain and the United States ; yet the only
precedents for the guidance of the colonies must be drawn from
such cases. The following was the statement to which he referred ;
he quoted from the Times : —
" Mr. Horsman : I will put the question in the form in which it stands
on the paper, and I will ask the Prime Minister whether he can give an
assurance to the House that, with reference to the Alabama Treaty, no new
proposals shall be made or accepted by the British Government as binding
on this country until they shall have been made known to Parliament, and
an opportunity afforded for an expression of its opinion upon them.
" Mr. Gladstone : Parliament ought to be informed and must be informed
of the spirit, aim, and direction of the policy of the Government. Parlia-
ment has been informed through the medium of discussion in the two
Houses of that spirit, aim, and direction, and of the leading propositions on
which the Government has founded its policy."
He thought that one sentence contained a principle that ought
to be applied equally to the agreement between this colony and
Victoria ; and he maintained that the present Government had
enabled Parliament to know the spirit, aim, and direction of what
they proposed to do more definitely than they could have done
had they proceeded on the principle adopted in 1867, because they
had confined their course of action within the four corners of a
Bill. The report from which he quoted proceeded with Mr.
Gladstone's reply : —
" "Were there to be any alteration in the spirit, aim, and direction, so far
as I go with my right honourable friend it would be the duty of the Govern-
34^ Speeches.
ment to take care that Parliament was made aware of it. Beyond that, and
beyond referring to the declarations that have been already made, I do not
think it is possible to meet the demand of my right honourable friend.
What is that demand ? ' That with reference to the Alabama Treaty'
something shall not be done ; but I cannot accept that as a limitation,
because the principles applicable to the Alabama Treaty would be applicable
to every other negotiation of great and critical importance. But, as the
question is put, it has reference to the Alabama Treaty, and my right
honourable friend asks that no proposals shall be made or accepted by the
British Government as binding on this country until they shall have been
made known to Parliament, and an opportunity afforded for an expression
of its opinion upon them.
" Mr. Horsman : No new proposals.
"Mr. Gladstone: I beg pardon for omitting the word 'new,' but it is
immaterial, because any proposals would be new. I have heard my right
honourable friend himself, and I have heard other gentlemen, raise ques-
tions of very great importance and delicacy and difficulty, by giving an
opinion in this House that the treaty-making power of the Crown ought to
be limited, and that the Houses of Parliament ought to be made parties to
the acceptance of any treaty. Those discussions I have always conceived to
be within, not only the competence of the House to entertain, but the com-
petence of any member to raise ; and if I have an opinion on one side of the
question, I admit there is much to be said on the other side. But the
present question of my right honourable friend goes very much indeed
beyond this point. It asks that no new proposals shall be made or accepted
by the British Government as binding upon this country until Parliament
is consulted. Every proposal made by any Government is binding on the
country, according to the terms in which it is made ; and therefore, in point
of fact, the demand is that nothing shall be proposed in the course of these
negotiations without the assent of Parliament prior to its promulgation to
the world, or at least until the lapse of time sufficient to afford an oppor-
tunity for the expression of its opinion. If it were possible, which I do not
believe it to be, that such a demand as this could be answered by the House
in the affirmative, I should say it would reduce the position of any Govern-
ment charged with international negotiations to such a state that it would
be far better that the Houses of Parliament should place diplomatic nego-
tiations in the hands of committees, or, perhaps, as an improvement upon
that, in the hands of a joint committee, for it would render such negotia-
tions entirely impossible ; and though errors may be made under the
present system, success and the avoidance of error would become absolutely
impossible under the system of duality which it appears to me the question
points to."
Now supposing the Bill were passed in its present state, it
certainly would not give any power to the Government for the
tim'e being except to make an agreement in strict accordance with
the law as expressed in this Bill, without the possibility of
evading the spirit, aim, and direction of the policy embraced by
Border Customs Duties. 347
its provisions. The Times had a leading article upon Mr. Glad-
stone's reply to Mr. Horsman, one sentence of which he would
read : —
"It is impossible that a person of Mr. Horsman's experience in the
management of affairs can have supposed that the Government would
hamper themselves in their negotiations with America in the way he
suggested, and he could not have expected any other answer than he
received."
An authority which stood very high — the Pall Mall Gazette —
said : —
" The answer which Mr. Gladstone gave to Mr. Horsman yesterday is in
many respects far more satisfactory than his answers usually are. Its
language and its tone suggested the statesman rather than the word-
abounding orator — a rare thing when the Premier speaks. Admitting that
it might be wise to adopt here such constitutional rules as give the American
Senate a decisive voice in the ratification of treaties, he very properly
declared his intention of abiding by the rules in force amongst us till they
are changed, and refused to acquiesce in the suggestion (as he put it) that
' no new proposals shall be made or accepted by the British Government as
binding upon this country until Parliament is consulted.' But he further
declared his opinion that * Parliament ought not to remain in substantial
ignorance of the course of these great affairs while they are in their
current state. Parliament ought to be informed, and must be informed,
of the spirit, aim, and direction of the policy of the Government.' This
appears to us perfectly satisfactory ; nor do Parliament and the country ask
for more than that they be kept informed of the spirit and intention of
Ministers in their dealings with foreign Powers."
Nothing could be more definite and clear than the aim and
object of the Government in the power they asked from the Parlia-
ment of this country. It was to make an agreement with the
neighbouring colonies, based upon the actual collection of statistics
for twelve calendar months, securing to this colony the balance
shown to be due upon that account to the uttermost farthing.
And there was no other object whatever. This kind of legislation
was not new to the colonies. He should be able to show that in
the colony of Victoria the law already contained the principle of
this Bill. In the Customs Consolidated Act of 1857, an Act
passed after the introduction of responsible government into that
colony, there was the following clause, which was still in force : —
" 236. It shall be lawful for the Governor in Council to make regulations
and arrangements with the Governors of New South Wales and South Aus-
tralia respectively for the importation of goods across the Kiver Murray,
and for the imposition of duties, and the amount thereof on such goods, or
the exemption of the same from duties, and the recovery of duties on goods
34^ Speeches.
so imported into Victoria, and the repayment of such duties, and in other
respects so to regulate the trade on the said river as may be from time to
time agreed upon by the said Governors or either of them, and also to deter-
mine at not less than three months' notice any such arrangements. Pro-
vided that no such duties shall exceed the duties of Customs lawfully col-
lected and paid on goods otherwise imported into Victoria."
The Act passed in the year 1862 enacted that the Government of
this colony might, with the advice of the Executive Council, enter
into a binding treaty with the colony of Queensland. We sought
to enable the Government to proceed to make an agreement which
we believed could be easily made with each of the neighbouring
colonies for relieving our Border settlers from the grievances of
which they had so long complained, and which were admitted by
a large majority of their fellow-countrymen; and at the same
time we hoped to secure what we believed to be justly due to
ourselves.
We did not desire to attempt to carry this measure except with
a due consideration of all the interests involved. We expected
opposition, because we knew that there were gentlemen in this
House who had an equal desire to promote the public interests, and
who thought that they would best do so by the actual collection of
these duties. We knew that they had arrived honestly at these
convictions, and we expected a strong, but at the same time a fair
opposition from these gentlemen. We, however, thought that the
sense of the Parliament and of the country was with us — that
equity, sound policy, and good government were also on the side
we took in this contest. We believed the Bill was capable of
effecting the object at which we aimed, and we thought that an agree-
ment could be made under it which would in a much more certain
manner carry out justice than would be the case if we attempted
first to make an agreement with the neighbouring colonies, and
then came down to the House for an approval of that agreement.
We felt that we were pursuing a right course, the more so because
we desired if possible to include the three colonies. We saw great
chance of delay and mistake if, after an agreement were made
between New South Wales and Victoria and South Australia, it
had to be referred to the three separate Legislatures.
He desired to speak with the utmost respect of the Governments
of the neighbouring colonies, but he thought that those of us who
were charged with responsibility in the matter ought to bear in
mind that we must expect that each Government would endeavour
Border Customs Duties. 349
to make the best terms it could for its own colony. We must be
prepared to negotiate with a full knowledge that that was suroto
be the case. Our interests would be affected in a much more
material way than would the interests of Victoria by the results ot
this account ; and while it might suit Victoria to offer to take this
account without any legal guarantee of its correctness as certified
by officers appointed for the purpose, it would not suit us to do so.
Our revenue to a considerable extent would depend upon the
correctness of this account, while that of Victoria would not be
materially afiected by it. We therefore ought to be extremely
careful in accepting this account, while we were prepared to accept
in all good faith the ofier of the neighbouring colony ; and feeling
assured that they were acting in good faith, we thought they could
not object to our taking the necessary legal guarantees to have the
account correctly taken. He could not suppose that the Govern-
ment of Victoria would object to such a reasonable proposal, and
we did not think that we should be safe in entering upon an agree-
ment based on account unless the correctness of that account were
secured under the law. It would of course be objected that the
taking of that account would be nearly as vexatious as the collec-
tion of the duties. That would not be so in fact, because there
would be no necessity for the payment of moneys. Information
could be given at any point where a person crossing the river met
the Customs' officer without any necessity to go back. Admitting
however that the practice would be meddlesome, still it seemed
the only possible way of doing justice in the settlement of this
question ; and the trouble which it might cause for twelve months
could not, he thought, be considered as against the value of the
object to be obtained — a correct basis for an agreement which
was to bind this colony for a term of years.
He noticed from the questions put to him by the hon. member
for the Tumut that there appeared to be some rumour that
a definite proposal had been made to this Government. That was
not the case. No proposition had been made to the Government
beyond that which was disclosed by the correspondence laid on
the table and the telegram which he had had placed in the hands
of hon. members. It would be observed that in that telegram
Mr. Francis referred to a letter written on the 15th December by
the late Government before the House was dissolved, and from
some oversight in Victoria which he could not comprehend, he
3S<^ Speeches.
did not allude to the letter of the present Government. Tie
noticed from the telegraphic information in the newspapers, but
had no advice of it whatever himself, that a letter w^as addressed
to this Government yesterday by the Government of Victoria. In
that case it would probably be in our hands to-morrow or on
Friday morning, when probably we should know the views in
detail of the Government of Victoria. He had no doubt whatever
that the Government of Victoria would enter into the settlement
of this difficult and long-pending question. It seemed to him that
in any agreement that might be arrived at considerations ought
to be entertained beyond the actual balance shown to be due to
New South Wales by the twelve months' account at the present
time. It would properly be the duty of the Government of this
colony to consider what would be the prospective growth of the
trade across the Murray, to consider how far the trade might be
increased by the completion of their inland railway, and there
were other matters which ought to influence negotiations in order
to form an agreement upon a basis which should represent the fair
average of five years as nearly as it could be calculated. The
balance could only be regarded as a basis, not as a thing to be
literally followed. We ought to obtain an amount that would
represent the fair average of the revenue for five years. It was
due to this country that these considerations should have their
full weight, and he could not conceive it possible that their equity
would not be admitted by Victoria. The Bill, the second reading
of which he had now the honour to move, was intended simply
to empower the Government to do what Parliament had already
declared ought to be done in the interests of the country, what he
believed a large majority of the electors who were appealed to
declared ought to be done. He had no object whatever, beyond a
desire to carry out in a legal and proper manner the policy with
which he was identified, in his endeavour to govern this country
with an equitable regard to the interests of all classes.
THE CONSTITUTION 0¥ THE UPPER
CHAMBER.
[Some of the earliest efforts of Mr. Parkes as a pubHc speaker
were roade in opposition to the nominee principle embodied in the
Constitution Bill of Mr. Wentworth in 1853. The following
speech was delivered twenty years afterwards, when, as Premier,
he moved the second reading of the Government Bill to eradicate
that principle from the Constitution. The Bill was read a second
time by 33 to 1 2 votes, passed through all its subsequent stages in the
Legislative Assembly, and sent to the Council for its concurrence.
The Council refused to receive it, on the ground that a measure affect-
ing its constitution ought to have been introduced in that Chamber.
In a correspondence with Earl Grey some months afterwards Mr.
Parkes explained why the Bill was first considered by the Assmbly.
In a letter dated August 8th, 1873, he says :— **If the Bill had
been introduced in the Council it would have been defeated on
the second reading without any opportunity being afforded for
taking the opinion of the representative branch of the Legislature
upon its principles. The Bill having now received the approval
of the Assembly by large majorities, will be introduced next
session in the Council, where I think it is sure to be defeated.
Possibly another effort will be made in another session, and then
the question of the reconstruction of the Council on a basis of
popular election will be remitted to the constituencies." In the
next session the Government introduced the Bill in the Legisla-
tive Council, where it was a second time got rid of by being
referred to a Select Committee, from which it was never
reported.]
SPEECH
Delivered in the Legislative Asssmbly on moving that the Bill to Provide
for the Representation of the People in the Legislative Council be read
a second time, February 13th, 1873.
Mr. Parkes said : In making this motion he acknowledged that
it was incumbent upon him to show that a necessity existed for
the proposed change, and he thought he should be able to satisfy
35^ Speeches.
honourable members that the necessity did exist. Before he
entered upon that part of his subject however, he would wish to
say a few words on the question as to the necessity of a Legislative
Council at all. He was fully aware that opinions were entertained
that a Legislature consisting of one House only would be quite
sufficient for the legislative wants of a country like ours, quite
sufficient to meet the needs of our present state of society.
Mr. Stewart : Hear, hear.
Mr. Parkes : He was aware that his honourable friend the
member for Kiama held that opinion, and he believed very strongly.
He was aware it was entertained by him in common with other
gentlemen scarcely less distinguished than his honourable friend ;
but an opposite opinion was entertained by persons who, at least,
had equal claim to be received as authorities on a subject of this
kind. He might quote the authority of by far the larger number of
eminent persons who had given expression to their views on this
question of government ; but he should be content with intro-
ducing the authority of two very eminent men, and of course he
should allude to what these men had said simply as words of
authority, because this was a question which to a great extent
must be decided by the authority of persons acknowledged as
having thought much on the subject, and acted a memorable part in
political history. He believed the chief arguments against another
Chamber in the colony of New South Wales were based upon the
cost, the needless cost as it was contended, of something like
£10,000. Well, suppose the cost was five or ten times the amount,
the cost was not a matter to be considered in establishing securities
for sound legislation. If it could be proved that in reasonable
probability we should arrive at sound legislation better by the
action of two Houses than by the simple action of one, that result
was of such priceless importance to the permanent interests of the
country that the question of expenditure was lost in its magnitude.
So that he dismissed this consideration as not worthy of a moment's
examination by persons who addressed themselves seriously to this
large subject of government. He did not think that much import-
ance was to be attached to any of the other objections which he
had heard to a second Chamber. One was that it was difficult to
find men. Well he held the opinion — and on this question it must
be a matter of mere opinion — that it would be very easy to form a
Legislative Assembly without the election of any one of the
Constitution of the Upper Chamber. 353
present members^ and that that Assembly would in all probability-
work quite as much to the satisfaction of the country as the one
now in existence. The same might be said to a very large extent
of the Legislative Council. It was quite true that there were a
few gentlemen in the Legislative Council who, from their ripened
experience, the services they had rendered to the public, and the
individual authority which they had acquired from years of
activity in public affairs, could not well be replaced so far as
these valuable qualities were concerned. But even in the case of
these more eminent members of the Council it could not be for a
moment contended that men of equal education, social standing,
and ability could not be found within the ranks of our present
society. He therefore thought that this could not be held to be a
valid objection to a second Chamber. In other words, we had
sufficient material for constituting the complex machinery of two
Houses quite as good as any other machinery of which the Govern-
ment of the country was composed.
The authorities in support of two Houses were numerous
and eminent. The two he should quote were men who had
lived in different countries, under different forms of govern-
ment, affected by different social circumstances, and who had lived
at different times, though not very far removed. One would be
Mr. Justice Story, and the other Mr. Mill, the famous political
economist. Mr. Justice Story in that great work of his in which
he had been recognised as the expounder of the Constitution of the
United States, had these words on the wisdom of the dual or double
form of Legislature. Speaking of the Constitution of America he
said (and of course, so far as principles were concerned, his words
applied to these colonies) : —
" The Constitution, on the other hand, adopts as a fundamental rule the
exercise of the legislative power by two distinct and independent branches.
The advantages of this division are, in the first place, that it interposes a
great check upon undue, hasty, and oppressive legislation. In the next
place it interposes a barrier against the strong propensity of all public
bodies to accumulate all power, patronage, and influence in their own
hands. In the next place it operates indirectly to retard, if not wholly to
prevent, the success of the efforts of a few popular leaders by their com-
binations and intrigues in a single body, to carry their own personal private
or party objects into effect, unconnected with the public good. In the next
place it secures a deliberate review of the same measures, by independent
minds, in different branches of Government engaged in the same habits of
legislation, but organised upon a different system of elections. And in the
354 Speeches.
last place it affords great securities to public liberty by requiring the
co-operation of different bodies, which can scarcely ever, if properly
organised, embrace the same sectional or local interests or influences in
exactly the same proportion as a single body. The value of such a separate
organisation will of course be greatly enhanced the more the elements of
which each body is composed differ from each other, in the mode of choice,
in the qualifications, and in the duration of office of the members, provided
due intelligence and virtue are secured in each body."
Well, he thought the views propounded by Mr. Justice Story-
might be illustrated and supported by every man's experience in
his individual life. In all cases, without coming to the high
concerns of legislation, they knew that it was far more likely that
they would receive wise and safe conclusions from two persons of
equal intelligence and equal virtue than from one. They knew
that this had been generally the case — so generally that it might
be said of 99 cases out of 100 in the ordinary afiairs of life, and
the same principle which regulated the actions of individuals
applied equally to organised bodies of men. Mr. John Stuart Mill
was not a very great stickler for the second legislative Chamber ;
and of all the men who had an undoubted reputation as profound
thinkers, perhaps he oflfered the least argument in favour of the
twofold Legislature. And he quoted his authority in favour of
this form of Legislature because it must be considered, if biassed
in any direction, biassed against the Upper Chamber. Well, they
would hear what Mr. Mill said in this passage from his work on
Kepresentative Government : —
"I attach little weight to the argument oftenest urged for having
two Chambers — to prevent precipitancy and compel a second deliberation ;
for it must be a very ill-constituted representative Assembly in which the
established forms of business do not require many more than two delibera-
tions. The consideration which tells most, in my judgment, in favour of
two Chambers — and this I do regard as of some moment — is the evil effect
produced upon the mind of any holder of power, whether an individual or
an assembly, by the consciousness of having only themselves to consult. "
This, expressed in compact and perspicuous language, elucidated
the principle to which he had endeavoured to direct attention as
one which every man might watch and trace in the action of
individual lives.
" It is important that no set of persons should be able, even temporarily,
to make their sic volo prevail, without asking any one else for his consent,
A majority in a single assembly, when it has assumed a permanent
character, when composed of the same persons habitually acting together,
and always assured of victory in their own House, easily becomes despotic
Constitution of the Upper Chamber. 355
and overweening if released from the necessity of considering whether its
acts will be concurred in by another constituted authority. The same
reason which induced the Eomans to have two consuls makes it desirable
there should be two Chambers — that neither of them may be exposed to the
corrupting influence of undivided power, even for the space of a single year.
One of the most indispensable requisites in the practical conduct of politics,
especially in the management of free institutions, is conciliation ; a readi-
ness to compromise ; a willingness to concede something to opponents, and to
shape good measures so as to be as little offensive as possible to persons of
opposite views ; and of this salutary habit the mutual give and take — as it
has been called — between two Houses is a perpetual school, useful as such
even now, and its utility would probably be even more felt in a more
democratic constitution of the Legislature."
Then, the writer was speaking of the Constitution of England ;
and while he maintained that this was useful, and calculated to be
very beneficial as applied to the Constitution of England, he said
its utility would be even more felt in a more democratic consti-
tution.
*' But the Houses need not both be of the same composition ; they may be
intended as a check on one another. One being supposed democratic, the
other will naturally be constituted with a view to its being some restraint
upon the democracy. But its efficiency in this respect wholly depends on
the social support which it can command outside the House. An Assembly
which does not rest on the basis of some great power in the country is
ineffectual against one which does. An aristocratic House is only powerful
in an aristocratic state of society. The House of Lords was once the
strongest power in our Constitution, and the Commons only a checking
body ; but this was when the barons were almost the only power out of
doors. I cannot believe that in a really democratic state of society
the House of Lords would be of any practical value as a moderator of
democracy."
Here were the opinions of two men who, he thought, would be
accepted everywhere as authorities on questions of this kind.
Mr. Stewart : They are not infallible.
Mr. Parkes : Well, he was fully aware that few persons were
infallible except his hon. friend. But they had in Mr. Story
perhaps the most finely-balanced judicial mind that ever appeared
amongst Englishmen. Probably in the annals of our own country,
or in the annals of any other country, they could not find an
intellect so admirably constituted to examine profound political
questions. They saw that his opinion was deeply and entirely in
favour of two Houses of legislature. In Mr. Mill they had a well-
known and widely-acknowledged powerful thinker who was not
very enthusiastic for two Houses, but who nevertheless gave the
y2
35^ Speeches.
strong reasons which he had quoted in support of that form of
legislative government. With these authorities, to which he
might add almost innumerable others, he might safely leave the
question of one or two Chambers of Parliament. He thought it
could not be doubted that they would be far better off — that the
public interests would be far safer — with two Houses than with
one. In the course he was taking he had no sympathy with those
gentlemen who were for abolishing the Legislative Council
altogether. He had held the view ever since he had been able to
think on such subjects that the principle of two Houses was the
wisest, the safest, the best.
We then came to the question as to the way in which this
second Chamber might be best constituted so as to meet the wants
of this country, and to answer all its proper purposes in the most
effective and satisfactory manner. And this question, so far as he
should give consideration to it, was confined to the two pro-
positions of a nominated and of an elective House. It would be
well, just for a moment, to go back and review very cursorily the
history of the Upper Chamber which now existed in this country.
When the Constitution Act was under consideration in the former
Legislature, before the advent of responsible government, the
principle of nomination to the second Chamber was very widely
discussed by all classes of the people ; and he thought he should
be borne out by all who heard him when he said that the pre-
ponderating majority was entirely against it. Meetings were held
in every considerable centre of population, speeches were delivered
by some of the ablest men they had ever had amongst them,
petitions came in to the old Council — all these exponents of public
opinion were arrayed against this provision of Mr. Wentworth's
measure. Mr. Wentworth himself was so completely sensible of
this fact that he in a manner apologised for its introduction ; for he
stated distinctly in one of his speeches that he only asked the
country to try the experiment, and that he advisedly limited the
nominations in the first instance to a period of five years, so that,
if the experiment failed, the people could adopt the elective
principle. He did not know how more emphatic evidence could
be given by Mr. Wentworth of the doubts which he entertained
in his inmost mind of the soundness of the principle which he
introduced.
It was well known that Mr. 'Wentworth at that time had
Constitution of the Upper Chamber. 357
considerable apprehensions of the inroads of democratic feeling.
His speeches showed that he was almost in a state of terror
at some supposed invasion of democratic power, and it was
undoubtedly with a desire to satisfy his conservative instincts
that he introduced this system of nomination. But while he
introduced it into his Bill, he in this marked manner expressed his
doubts. He recollected distinctly Mr. Wentworth's language —
that if in time it was found not to answer the purpose which he
believed it would answer, it would then be open to the Legislature
to change this principle and to introduce the elective element.
After the first nominations to the Council were made in 1856,
and made with considerable care, he thought, by the late Sir Stuart
Donaldson, so dissatisfied were many of the more thinking men
who up to that time had been in favour of the nominee principle,
that they came publicly forward and acknowledged — upon the
very threshold of responsible government — that they were wrong ;
and they declared themselves in favour of the elective principle.
Several gentlemen of large experience and undoubted ability, who
had taken part in the public affairs of the country, avowed this
change on the experience of the first nominations. Well, he
ventured to say that those nominations were as unexceptionable
as any that had taken place since. He thought that with one or
two exceptions they showed that a large amount of solicitude
had been shown to appoint men who ought to form the Senate
in such a country as this. For several years after the first
nominations the popular feeling against the nominee principle
so strongly evinced itself that it was almost impossible to
find any person avowing himself in favour of it. He could
not recollect an instance for several years after the Consti-
tution Act came into force of a gentleman going to the
hustings and telling the people he was in favour of the nominee
principle. Whatever differences of opinion existed between the
candidates on questions of land legislation, of finance, or State-aid
to religion, there was a remarkable agreement in their opinions in
favour of a -change of the constitution of the Upper House. It
seemed to him that that circumstance afforded an unanswerable
proof that the feeling of the people of this country at the time of
the passing of the Constitution Act, and for several years after,
and at present, was entirely adverse to the principle of a nominated
Upper Chamber. He admitted that there had not been any active
35 S Speeches.
opposition for some years past. That could not be denied. The
question had been allowed to sleep just as more important
questions had, in other countries and in all ages, been allowed to
sleep. Any one who had watched the current of thought and
opinion in England during the last twenty years would have seen
that for a considerable period, ranging over more than ten years,
the question of reform so entirely died out that even the most
popular men in England could scarcely awaken public attention to
it. In the year 1862, so late as ten or eleven years ago, there
was a great effort made by Mr, Bright and his associates to awaken
public feeling in England in favour of Parliamentary reform ; but
no large gathering of the people could be obtained, so completely
had the question died for the time. There were men who knew
then that that apparent apathy did not arise from the indifference
of the people of England to the question of Parliamentary reform;
and in a very short time the feeling burst out like a live fire, and
the consequence was the Reform Act, which had rendered the
House of Commons as democratic an assembly almost as the
Legislative Assembly of this colony. That the people tired of
petitions, tired of meetings in public places, tired of reading news-
paper articles, was no proof whatever that any change had taken
place in public opinion in this country. We had no marks
of public feeling being in favour of the Upper Chamber as at
present constituted corresponding to those marks of adverse feeling
we saw years ago. We had not had any meetings in favour of
it, or declarations on the hustings in favour of it ; we had
nothing to show that a change had taken place in the public
mind.
We had at the present time a nominated Upper Chamber, in
which the members held their seats for life. That was a tenure of
office so full of serious consequences to the country that, as he had
already stated, Mr. Wentworth hesitated to adopt it without
giving the principle a trial of five years first. The five years
elapsed, and under the existing law since then all nominations to
the Upper Chamber had been made for life. He maintained that
the principle of making the appointments for life was inconsistent
with and did violence to the first principles of representative
government. There could be no purely representative government
in the country so long as that principle existed. That would not
be the case anywhere ; but in this country, where the habits of
Constitution of the Upper Chamber. 359
life, the occupations, and generally speaking the education of
gentlemen, in no way pointed out any particular class or set of
individuals to a distinction of the kind, the principle was utterly
and indefensibly inapplicable. And he could not see how we could
claim to possess representative institutions in their purity and
integrity whilst such a principle was allowed to exist. A man
who had performed many marvellous things and sustained a very
long and wonderful career in the later years of English history —
he meant Lord Brougham — had told us what he conceived to be
the essentials of free government. In his book on the British
Constitution he had enumerated what he called the canons of
representative government ; and these were his words : —
" The people's power must be given over for a limited time. This is
essential to the system. If the delegation be for ever, allowing the deputy to
name or to join with others in naming his successor, or even if he be
continued for his life, and the constituent name his successor, the virtue of
the system is gone, and the body of representatives becomes an oligarchy,
elective indeed, but still an oligarchy, and not a representative body. The
power must be given over for a limited period to deputies chosen by the
people. This is of all others the most essential requisite. If any authority
but the people appoint the deputies, there is an end of representation ; the
people's power is usurped and taken from them ; and instead of having any
concern in making the laws that are to govern them, or in administering the
affairs of the State, some other power legislates and rules over them, and in
spite of them, although it may add insult to injury by the mockery of
pretending to govern in their name."
Those conditions of safety could not be found in the nomination
of persons for the term of their natural lives to enact laws for the
whole people of the country. If there was some power in the
country which could take Mr. Smith or Mr. Jones or Mr. Brown,
for no conceivable reason under heaven except that the appointing
power fancied Mr. Smith or Mr. Jones or Mr. Brown out of a
hundred equally qualified and eligible persons, and with no con-
ceivable test of fitness or approval possible to be applied by the
people who had to be governed — whilst that power existed, some-
thing existed which afifected one-half the machinery of legislation,
which was quite inconsistent and incompatible with the first
principles of representation.
We would now see how this system had worked. It had worked
through the prudence and wisdom of the persons temporarily
entrusted with power, in placing several of the first men in the coun-
try in the Legislative Council. That might be freely admitted with*
360 speeches.
out proving anything in favour of the system itself. There were
gentlemen in the Legislative Council than whom no fitter persons
could be found : gentlemen who had for a number of years devoted
themselves to the consideration of large public questions, who had
made themselves aquainted with political history, who had shown
that they possessed a sound and matured judgment in dealing with
critical conjunctures, and who were in every way pre-eminently
qualified to fill seats in the Upper Chamber. But how did they
get there? They got there because their services were so conspicu-
lously pointed out that they could not be overlooked. They did
not get there because of the excellence of the nominee principle.
But those men, who were the ornaments of the Legislative Council,
were few in number ; and some of them, he lamented to say, were
now feeble in health, and not likely to benefit the country by any
very long period of service in the future. The number of members
had been made up by gentlemen who had no more patent fitness
for seats in the Council than any one of a hundred men who might
be met any day in a walk down George-street. They were in fact,
if he might say so without offence, the fancy men of particular
Ministers who had the power of appointing them. He did not
desire to mention the names of any members of the other branch
of the Legislature. But he might point out one instance to illustrate
his argument. The gentleman to whom he alluded was a man so
respectable, and possessed so many qualities derived from education
and ability, that he could afford to be pointed out. Nevertheless
he pointed that gentleman out as a proof of the capricious way in
which the power of appointing had been exercised. He alluded to
a member of the Bar; a gentleman who by his professional ability
and industry had attained a leading position at the Bar, and was
still young. He was a gentleman, however, who had never given
his time to any public cause that arose in the country, who had
never mixed with the people in the promotion of any object for the
public good, and had never publicly identified himself with the
interests of the colony. That gentleman, without having done any
single thing to entitle him to such a distinction — the highest
distinction that could be conferred upon any one in this colony —
had been appointed one of the senators of the land. He admitted
as fully as he possibly could the good qualities of that gentleman ;
but we had, he hoped, men all around us possessing similar good
qualities, or we should not be the great and prosperous colony
Constitution of the Upper Chamber. 361
which we were acknowledged to be. It was never intended that
the power of nomination should be exercised in that way. Mr.
Wentworth never contemplated that it would be so exercised. It
was intended that the nominee Chamber should consist of men of
standing in the country, of men who represented old families and
large property interests, of men who had shown some judgment in
dealing with public questions, and of men who, if not wealthy nor of
lengthened experience, had in some measure devoted their talents
and services to the country. For example, who was so eminently
fitted to occupy a position in the other Chamber as the late Mr.
James Macarthur, on account of the great interest he represented,
his historical family connexions, and his proved ability to deal
with public affairs? Mr. Macarthur was a citizen of whom we were
proud whilst living, and whose death we all lamented.
Mr. Kobertson : We cannot fill the House with Macarthurs.
Mr. Parkes : Possibly not with persons as eminent as Mr.
James Macarthur, but they might find persons of the same class,
though not equally eminent. They might not find twenty-six men
of the same high character, representing the same long period of
service, and the same high standing, but most assuredly they could
find twenty-six men of the several classes to which he had just
alluded. They had not done this, and what had been the result?
Just in proportion as this life-tenure of power had fallen into the
hands of persons who did not understand the nature of legislation,
its principles and its responsibilities, it had been misused. They
had exhibited in their political lives in a remarkable manner the
evil principle pointed out by Mr. Mill — the evil eifect produced on
the mind of holders of power by the consciousness that they had
only themselves to consult. It was that which was doing all the
mischief; and it was impossible to shut one's eyes to the fact that
there were members of the Upper House who thought so little of
the position they occupied apart from their own importance, or of
the duties and responsibilities they had undertaken, that they
cared less about these than they did about their own amusements.
They had no appreciation of the honour which had been done them,
and were not guided in their attendance by the importance of the
business with which they had to deal, but by such considerations
as whether it was or was not convenient for them to attend. They
would attend if they had nothing better to do, but they would not
forego the most trivial gratification to attend the House, no matter
362 Speeches.
how important the business before it. This arose from a
fixed principle in human nature that, if power were placed in
the hands of individuals, and all restrictions on them were
removed, the result would inevitably be that those persons would
habitually regard themselves as the sole depositaries of that power,
and abuse, misuse, or forget the importance attaching to its exer-
cise. We had this principle creeping into the heart and soul of
the Council — this very day the Council had been unable to get a
quorum ; whilst this Assembly, despite of all that had been said
against it, had for the two Ig^st sessions never failed to meet upon
any one night for want of a quorum. This was greatly to the
credit of the Assembly ; whilst these senators, though yesterday
they had a large attendance, were to-day obliged to adjourn for
want of a quorum. On all occasions it was with the utmost
difficulty that eleven gentlemen could be got together to prevent
the Council from being broken up, and this arose from the circum-
stance that these honourable gentlemen had no master to call them
to account. If they were appointed even for ten or fifteen years they
would have before them a prospect of being called to account at
some time ; but, being chosen for life, their first act generally was
to do something to show their entire independence of those by
whom they had been appointed. Thus it happened that gentlemen,
selected because they were supposed to be in favour of the views
of the Ministers appointing them, marked out a course for them-
selves when they felt that no one could call them to account,
seemingly for no other reason than to show how independent they
were of the persons who had appointed them. He would not much
complain of this if it were done on principle or from conscientious
scruples, but there had been some remarkable instances which
went to show that the opposition to Governments had sprung
from these gentlemen solely for the purpose of showing that they
were under no obligation to the power that made them.
What was worse still, he thought the Upper Chamber had
shown a most remarkable want of appreciation of its connexion
with Representative Government — a connexion which ought to have
been its pride. He was quite aware that it would be said that
the members of the Legislative Council were in a certain sense
elected, since members of the Assembly were elected by the people
Ministers were selected by the Assembly, and members of Council
were appointed by the advice of Ministers. If for a moment we
Constitution of the Upper Chamber. 363
entertained this fanciful theory of election, it was a process of
double or rather treble election, and he would like to know in
what sense it had ever been, or in what manner it had ever shown
itself to be answerable to any principle of responsibility attaching
to election. If the members of the Council were theoretically
elected, he thought they should show some sympathy with the
elective principle, but where was the instance in which this had been
the case ? When had these honourable gentlemen ever sought to
find out public opinion ? Had they not rather set it at defiance^
Let them look at the case of the Border Customs duties — that was
a case in point. This question had been referred expressly to the
electors of the country at the last general election, and, although
he knew that it would be and had been said that other considera-
tions entered into the decision of the constituencies, still the
question on which the reference to the electors had been made was
the Border Customs duties. Parliament was elected after that
reference, and a Bill had been introduced which aimed at carrying
out what was supposed to be, and what was, as shown by the
results of the elections, the wishes of the constituent bodies.
Yet in spite of this the other House had given no consideration
to the fact that it was upon this the Assembly had been dissolved,
and upon this that the constituencies had spoken out, but had
rejected the Bill which had received the assent of members
fresh from election. Whatever might have been their
object, they thus manifested the unreasoning and irrespon-
sible way in which they performed the duties of legisla-
tion entrusted to them. He thought he had now said sufficient
to show the unsoundness of the nominee principle in the
Parliament of the country. It seemed to him a perfect out-
rage upon representative institutions that some thirty persons,
appointed virtually by the will of the Minister, should be allowed
to sit in judgment upon the destinies of the country, and have an
equal voice with the people's representatives in making the laws
affecting the rights and liberties and lives of the people, without
any constituency being asked to give its assent to their appoint-
ment.
If the case were as he had stated it — that this principle of
appointment was radically wrong and vicious in operation — he
came next to consider what was the best mode of remedying the
evil which had grown up. In a country like this, where no person
364 speeches.
had any innate power in himself over his fellow, and where the
principle of equality prevailed to as great an extent as in any part
of the world, all political power must necessarily flow from the
people, and those for whom laws were to be made must have the
selection of the law-makers. If the Upper House represented the
people it would possess strength to resist this House whenever it
was considered necessary; but representing nobody and nothing,
how was it to have any power when it came into contact with such
a body as this, backed by the power of the people ? No legislative
body in this country ever could have power unless it had the
people at its back to give force to its decisions. Having that end
in view it was the object of this Bill to make the members of the
other Chamber responsible to the people. The Government had
no desire to take any rash or sweeping or inconsiderate step in
making this change; they had not desired to overlook — on the
contrary they had been extremely anxious to keep in view — the
essentials which in their judgment must prevail to make the
Upper House what it ought to be — a body to which we might hope
to see the best and most experienced of our public men elevated —
a body which should have a lively sympathy with the working
of the other House, and a lively sense of their responsibility to
the people out of doors ; and at the same time a sufficient tenure
of offi.ce and sufficient securities for independence, to act justly and
fearlessly, and, if necessary, in direct opposition to the more popular
branch of the Legislature. He for one at once disclaimed any
desire to see a second Chamber that would simply re-echo on all
occasions the sentiments or the opinions of this House, or that
would not be in a position to exercise an independent judgment
upon all measures submitted to them ; that would be deficient in
courage and insensible of popular support — that in fact would prove
to be unable to resist if a time for resistance should come.
Having considered the question in this spirit, the Government
had introduced the Bill, the second reading of which he had just
moved, and he would as briefly as possible explaiii the machinery
of the Bill. By the 3rd clause the existing members were con-
tinued in their seats for the term for which they had been
appointed, and the Government had after much consideration
determined to take that course principally for the following
reasons : — It was considered that to many minds it would be
regarded as a kind of breach of faith if these gentlemen who had
Constitution of the Upper Chamber. 365
been appointed for the term of their natural lives should now be
deprived of their seats, and that was an impression it was
desirable not to create. It was thought that a vast change would
be effected by associating with the present nominee members a
larger number of elected members, that the character of the
Council would be at once completely changed, and changed for the
better. It was thought that the popular element thus introduced
would be so influential as to be practically as efficacious as if the
seats of the present members were to be summarily abolished. If
the Bill passed into law the House would, under the 4th clause of
the Bill, be constituted of 67 members — 31 of whom would be
nominee and 36 elected. That change would be completely
radical and thorough, and in all probability as great as if the
existing seats were abolished and an equal number of mem-
bers elected — so much value in the judgment of the Govern-
ment was to be attached to the increase of numbers in that body.
The framers of this Bill did not believe in a close legislative body,
and if they were privileged to introduce an Electoral Bill into this
Assembly it would be seen that they believed that this Assembly
would work much more efficiently and independently if its
numbers were largely increased. He therefore thought that
the Council consisting of 67 members would be a very much
more popular body, calculated to work more independently, wisely,
and satisfactorily for the country, than if it consisted simply
of 28 or 30 members, even if they were all elected. The 5th
clause divided the colony into twelve electoral provinces. We
thought over the plan which prevailed in South Australia, where
the Legislative Council was elected by the whole colony. We
thought over plans by which the Council might be elected by a
large number of constituencies, and we came to the conclusion that
the better course would be the medium course, and we propose to
divide the colony into electoral provinces sufficiently extensive to
counteract the effects of any purely local influence, and yet not
cumbrously large. We decided upon the expedient of dividing
the colony into twelve electoral provinces, each to return three
members. We thought that if we had a smaller number of pro-
vinces, say four or six, there would be a serious objection to the
larger number of members which each electorate would have to
return. The verdict of the electors could be got by a smaller
number of candidates more satisfactorily than by a larger number
3^6 Speeches.
of candidates ; and the expedient hit upon appeared to us to be on
the whole the best. In the canons of representation laid down by
Lord Brougham, that eminent man had something to say upon the
constitution of constituencies. He said : —
" The distribution of the representation should be such as to secure repre-
sentatives of all the great classes in the community, which are sufficiently
numerous, in the combined ratio of the importance of the classes and the
numbers comprised in them. Population alone cannot safely be taken as
the criterion of numbers chosen to represent, and any arrangement is to be
reprobated which should give one very large town the choice of too many
representatives, by giving it representatives numerous in proportion to its
population. Population should not be so far neglected as to give great
inequality to the electoral districts, thus enabling a small body of the
people, by their representatives, to control those of a much larger body.
Districts should be formed for representation so large as to prevent the
corruption of the voters by the candidates or their friends."
He thought that our Bill met the requirements there laid down
by Lord Brougham as completely as we could meet them by any
other expedient within our reach. The 6th clause dealt with the
qualification of electors, and if honourable members would give their
careful attention to the sections of that clause they would see that
the object of the framers of the Bill had been to extend the
franchise to the whole of the settled portion of the population of
the country. We gave it to householders without any distinction ;
we gave it to lodgers under certain conditions; we gave it to
certain classes of professional men ; and the aim had been to give
it to the whole of the permanent population as distinguished from
the floating population. We did not think that we should be
justified in introducing a high property qualification, such as
existed in the sister colony of Victoria, or that we should be
justified in restricting the suffrage, except in confining it to the
permanent residents of the country. The 7th and 8th clauses
dealt with disqualifications, the 9 th with the qualifications of
elected members ; and we had no other qualification than that of
age and residence in the country. From the 10th to the 16th
clauses the system of registration was dealt with. The framers
of the Bill had introduced a system of self-registration which
prevailed in some of the other colonies in the election
of members to the more popular branch of the Legislature.
That system had many advantages to recommend it, and we
thought we could not do better than allow it to be fairly tried in
this system of election to the Legislative Council. Clauses 17 and
Constitution of the Upper Chamber. 367
18 dealt with the issue of writs, 20 and 21 with the appointment
of returning-ofiicers, 22 and 23 with mere matters of consequen-
tial detail, 24 and 25 regulated the nomination of candidates, and
26 defined the duration of offices. The framers of the Bill pro-
posed that the term of office should be for six years at first and
ultimately for eight years. The first election for the 36 members
would take place under these conditions — that 12 members
should be elected for two years, or one member for each province ;
that 12 members, or one for each province, should be elected
for four years; and that 12 members, or one for each province,
should be elected for six years ; but after that all the elections, for
a period to be determined by the diminution of the nominees
should take place for six years. It would be seen by this process
that there would be a rotary retirement of 12 members every
two years. While all would be elected for six years there would
be a retirement of one-third every two years. This plan had the
great advantage that it preserved the Council always in existence
while it was frequently sending a large number of the council-
lors to their constituencies. This would be the law until
the number of nominee members was reduced by resignation,
death, or otherwise to 16; and when that was the case the
number of the elected members would be increased to
48, and thereafter all the elections would take place for
eight years, so that while 12 of the whole number retired
every two years, the whole body would be elected every eight
years. Clause 27 dealt with the filling of vacancies. In the
case of a vacancy the newly-elected member would hold his
seat only for the remainder of the term for which it was held by
the person who had vacated the seat. It would be perceived that
by the 29th clause the principle of a dissolution was partially
introduced into the organisation of the Council. Notwithstanding
the periodical retirement of one-third at first and afterwards one-
fourth of the members every two years, as already described, it
had been thought desirable to bring a dissolution of Parliament in
some way to operate upon this branch of the Legislature. The
framers of this Bill were averse to the House being altogether
dissolved, because a dissolution of Parliament, which would send
both Houses alike to the country, would in their judgment be
mischievous ; but they were desirous of bringing the effect of a
dissolution to some extent to operate upon the Legislative
368 Speeches.
Council. It was proposed to enact that one seat in every province
should be affected by any dissolution of the Legislative Assembly,
and in order that the influence should be brought to bear upon all
the elected members alike, it was proposed that the seat should be
determined by lot. It was considered that in the first instance the
person who polled the smallest number of votes might be singled
out for vacating his seat on dissolution, but it was immediately
seen that if that was the case the other members would be quite
secure, and the dissolution would in no way affect them. It was
therefore thought that it would not have the effect which was desired,
and it was seen that if none of the elected members knew whose
seats would be vacated, it would have an influence upon all alike.
So that while it was proposed to have it enacted that one seat in
every province should be vacated on dissolution, it was still left to
be determined by a process, the result of which could not be in
any way foreseen, what seats they would be. It was thought
that this would work in a very salutary and satisfactory manner,
and would have great influence in tending to bring the Houses
into harmony on all questions of magnitude and importance. If
the Upper House saw that, if Parliament were dissolved, any
member of the House might have to go to his constituents, the
effect would be that all the members would be more inclined to
think seriously, to inquire dispassionately, and weigh the reasons
on both sides deliberately before joining in decisive and irreme-
diable action. They believed this would prove a most valuable
feature in the Bill. The remaining clauses of the Bill dealt with
mere matters of detail, but he might say it was proposed by
the Bill that, although the President would have his seat pre-
served to him as a member of the Council, he would not have the
office of President preserved. If the Bill passed into law, the
office of President would^ be open to election, and it would be
open to all the members alike.
These were the principal provisions of the Bill which he now
asked the House to read a second time. He might follow the
example of Mr. Wentworth, and say that the principle of the Bill
was to have an elective Upper House, but he defined the principle
of the Bill more definitely and particularly than that. Mr.
Wentworth, on moving the second reading of the Constitution Bill,
gave himself very great latitude indeed in defining the principle
which he asked the House to affirm. These were his words : —
Constitution of the Upper Chamber. 369
" Sir, I shall only say in conclusion that in inviting this House to the
second reading of this Bill I have to enunciate distinctly, as I did before,
that the sole principle I wish to have affirmed by the second reading is that
there shall be two Houses of Parliament, an Upper and a Lower House, and
that whether the Upper House was to be elective or nominated is to remain
an open question until we shall receive an expression of opinion from the
different districts of the country on that subject."
That certainly was giving a very wide latitude in asking the
House to affirm the principle of the Bill, and he might, if he
followed Mr. Wentworth's example, say that the principle of the
Bill was to make the Upper House elective.
Mr. Robertson: Mr. Went worth was not a responsible
Minister.
Mr. Parkes : It was he who laid the foundation of Responsible
Government. He defined the principles of the present Bill as the
election by the people, and the partial responsibility of the House
to the people whenever Parliament was dissolved. There were
some other provisions of the Bill which he regarded as matters of
principle. He thought the Government had a clear claim to
expect the assistance of honourable gentlemen in endeavouring to
make the measure as acceptable to the people as it could be made
— keeping in view the wise bounds of security, at the same time
trying to meet the popular instincts of the country, and above all
bearing in mind that in this country no second Chamber could
have that position of strength and respect which was not supported
by the voice of the whole people.
SELF-REGISTRATION OE YOTERS.
SUBSTANCE OF SPEECH
In the Legislative Assembly when in committee on the Legislative Council
Bill (provisions for self -registration), March 5th, 1873.
Mr. Parkes said the honourable member for the Tumut had
made a very fair speech upon the clause, and he hoped honourable
members would not feel in any way displeased if he said that it
was the only speech which appeared to him to have been
addressed to the provisions of the Bill. The honourable member
had said several very good things ; but the best thing he said was
that government in this colony was founded upon argumentative
reasons — he presumed he referred especially to the present
Government. It was because the Grovernment were so constituted
that they brought in these provisions. Now he did not regard
these provisions of the Bill with anything like the same sense of
importance as some honourable members did who had spoken in
their support. He did not regard any provisions of legislation
which simply aimed at regulating the record of votes as anything
more than matters of expediency — means to an end — and he
doubted altogether whether there was anything that could be
properly defined as a principle in any of the provisions now under
consideration. Nothing could be more loose, vague, or devoid of
principle than the present Electoral Act, which authorised some
collector to go round to the dwellings of the population and take
down the names of the persons entitled to vote. There was no
principle in that. There was nothing more loose or more opposed
to the robust character of independent freemen. That this was a
loose way of taking the electoral rolls could not for a moment be
denied. It was admitted that since the constabulary had charge
of the collection of the rolls they had been more correct — but even
in this case some constables were more intelligent and some less
intelligent, some more careful, some less so, some more exact and
some less exact ; but whether the duty was entrusted to the
Self- Registration of Voters. 371
constabulary, or as was formerly the case to some electioneering
agent, what could be more loose than for these men to go round
to the dwellings of the people, seldom finding the elector himself,
but taking down what a woman or child, assisted by their own
knowledge, might give them"? Many who had been electors for
years and were still qualified were not put down, and men who
had never been electors and were not qualified were placed upon
the roll. Well, there was something more approaching to principle
in this proposition of self-registration, because it required intelligent
action from a man's own sense of duty to get upon the roll. He
offered these observations in order to show as plainly as he could
his view of the machinery adopted for the collection of the
electoral roll. He wished to adopt the best means of carrying
out the intention of the electoral law, and if that end was attained
he should be perfectly satisfied.
He admitted that there were objections to this system of self-
registration, and these objections had been stated with a great deal
of force by the honourable member for the Tumut. There was an
objection in regard to the extent of our own territory and the
sparseness of our population ; and there was an objection as to the
extent to which the system might be made use of by political and
sectarian organisations. He did not think he could agree with the
view of the honourable member for Braidwood, that this system
alone would destroy political organisations. He admitted the
objections, but he said, notwithstanding, that all the balance of
argument was in favour of the system of self-registration. What
was freedom but a principle out of which the people ought to grow
more manly and independent ^ It was because the proposed system
caused a man to look after his rights intelligently that he thought
it was desirable it should be adopted. The arguments urged
against this principle were the greatest libel upon the people he
had ever heard. It had been said that people only voted for mem-
bers of the Assembly in view of what they could get, and that
the person who paid the shilling for registration would be the most
likely to secure the vote. He thought they were the true friends
of democracy who stood up for the character of the people and for
their sense of self-respect in the due performance of their duties.
It had been said that this system of relf-registration would be a
restriction upon the franchise, but not one honourable member had
used language which was put into their mouths a few minutes ago
z2
372 Speeches.
by the honourable member for Camden (Mr. Garrett) when he
said that this provision of the Bill was intended to restrict the
franchise. What honourable members had said was that the
effect of the clause would be to restrict the franchise, for a
time at all events. But it would disfranchise those who were
most likely to give their votes against the interest of the
country. Persons who would not take a little trouble to secure
the enrolment of their names were persons who were not
likely to exercise the franchise for the benefit of the country. It
was because it was necessary to awaken in the constituencies a
spirit of self-respect, and to awaken in each person a patriotic sense
of duty, that he and others were in favour of self-registration.
Suppose that in its first working the system would tend to contract
the electoral rolls — and he did not deny that it might have this
effect at first — it was easy to see that before many years passed
over, the opposite effect would be produced. Hundreds, he might
say thousands, did not take the trouble even now to see that their
names were on the electoral rolls. And how could we prevent
that, unless we threw upon each individual the duty of obtaining
for himself his own rights 1 This was not an attempt to impair
the rights of the people, but to infuse through the constituencies a
spirit of self-reliance and self-protection. Men who took the
trouble to register themselves were the most likely to take the
trouble of ascertaining the character of the men for whom they
voted.
He was never more pained than when he listened to some of
the arguments against these provisions which went to discredit
the constituencies and to show that we had not an intelligent body
of electors in the country. A voter for a free Parliament who did
not set any value upon his vote was a most dangerous member of
society. It was impossible to shut our eyes to the fact that the
privilege of the franchise fell upon some who did not value it.
But he was happy to think that such persons were few, and if
they could be eliminated from the constituent body it would be
better for that body. And he thought this system of self-registra-
tion was one means of eliminating them.
It was with this view that the Government had thought it
right to submit to Parliament these provisions. They looked at
them as a means to an end, as the machinery by which this
political trust could be most properly performed. No party
Self- Registration of Voters. 373
triumph could be possible in this matter. Not in any spirit of
political rancour, but with the most sober knowledge and the
most disinterested desire to do what was right did they seek to
accomplish the object at which they aimed. He thought that the
objections were not so formidable as had been represented. He
did not believe that we were in danger of being governed by
political organisations. He did not believe that the British
people would bend to the power of any organisation for long ;
still less did he believe that a sectarian organisation would flourish
for any length of time. The free spirit of an English people
would assert itself, and it would be assisted by this system of self-
registration. He should not hesitate to go before any constituency
in the country to vindicate the position he had taken up.
THE
PUBLIC SCHOOL SYSTEM IN 1873.
[On the 5th of August 1873 Mr. Parkes attended, on invitation,
to lay the foundation-stone of the West Maitland Public School.
The day was observed as public holiday. A procession of the
inhabitants accompanied Mr. Parkes to the ground, and addresses
from the Mayor and Aldermen, from the Public School Com-
mittee, and from the pupils of the East Maitland and Morpeth
public schools, were presented to him. The following is a copy of
the Morpeth address : —
"To THE Honourable Henry Parkes, M.P., Colonial Secretary and
Premier.
" Sir — "We, the pupils of the Morpeth Public School, avail ourselves of your
visit to lay the foundation-stone of the public school at West Maitland to
express our thanks to you, as the instrument of an All-wise God, for the
. privilege we now enjoy, and the benefits we derive from the Public School
System.
" To your wisdom in forming and establishing a scheme of education we
owe a deep debt of gratitude, which we can only repay in some measure by
regarding the well-being of those who come after us with that profound
interest you have manifested for our advancement.
" We are glad to be present at this important ceremony, the commence-
ment of that which when completed will afford to the pupils of Maitland
advantages similar to those we have long possessed.
" In conclusion, sir, we earnestly pray that you may long be spared as a
blessing to your family and the country ; and we remain, with deep respect,
your most grateful servants,
<' Peter Sim,
" Adolphus Jones,
" On behalf of the pupils of the Morpeth Public School."
The assemblage numbered several thousands, including a large
number of ladies. After going through the ceremony usual on
such occasions, Mr. Parkes delivered the following speech : — ]
SPEECH
On laying the foundation-stone of the West Maitland Public School,
August 5th 1873.
Mr. Parkes said : It is in no hackneyed terms that I assure you
that I feel deeply the honour you have conferred upon me in
having invited me here this day. You have shown, by the great
demonstration in which you have all concurred, the lively and
The Public School System In 1873. 375
strong interest which, you take in the course of public instruction
in this country ; and I esteem it a very distinguished honour that
you should select me above all other public men to visit West Mait-
land and lay the foundation-stone of this school. I shall venture
to detain you a very short time; but before I enter upon the
topic which will be of most interest I should like to say a word or
two as to the history of the public school movement in West
Maitland. I find from the records of the Council of Education
that so far back as 1861 — twelve years ago — the people of West
Maitland first applied for a school of this character. They applied
in that year to the Board of National Education for the establish-
ment of a national school, which, as you are aware, answered in
those days to the public school of the present ; but for some cause
or other the movement fell through at that time. Again, in 1867,
the people of West Maitland applied to the Council of Education
for the establishment of a public school. I find, from the records
of the Council, that there was then a guarantee of 380 children to
attend the school ; but, owing principally to the circumstance that
the Council could not approve of the building which your towns-
men at that time fixed upon as available, the movement again fell
through. Later on, in 1870, another application was made for the
establishment of a public school, when I find that 246 children
were guaranteed to attend the school ; but as the applicants still
desired to appropriate the same building for public school purposes,
and the Council could not concur in that proposal, the movement
for the third time fell through. You again commenced your
efforts in 1872, and we are assembled here to-day to celebrate the
crowning success of the fourth attempt. Now I am not for a
moment supposing that any want of enthusiasm, any want of
earnest effort, existed here which produced these repeated failures,
and this non-fulfilment of any effort made throughout the period
of twelve years. The result probably is traceable to a variety of
causes which it would be difficult, even if it were useful, to point
out at the present time. But I think that on account of the
failure of these previous efforts you — will you permit me to say
we 1 — can congratulate ourselves on our success to-day.
Well, you have a school now, the foundation-stone of which is
just laid, having a promise at the very commencement of 489
children — nearly 500 children for a beginning. Now I do not
know how many persons there may be present who estimate
376 Speeches.
rightly a fact like that. Any schoolroom in any part of the world
that takes within its doors nearly 500 children — 500 intelligent
creatures who are growing up to form the very tissue of society
hereafter, is an institution of immense importance to the district
where it exists. And to show you how important it is I shall
detain you for a short time with some figures bearing upon the
constituent parts of our population at present. This school
which you are about to erect is intended — I believe I echo the
sentiments of those gentlemen who have interested themselves
in bringing this result about, and I know I echo the desire of the
Council of Education when I say it — is intended to be a model
school for this part of the colony. Any one of you who knows
anything of the influence of example will know how important it
is to keep ever present, not simply to the minds of the population
but also to the minds of the teaching class, a high standard
of efficiency. You all must have seen the vast influence of
some high personal example even in ordinary walks of industry ;
how it suggests new attempts, new efforts, new thoughts, and
new successes to all around it. And just as example operates on
individuals so will example operate upon that aggregate of persons
of which every school consists. And if you have in this district
of the Hunter a number of public schools all founded on the same
broad basis of liberality, and presided over by masters trained in
the same training-school, there will ever be the danger of some
one or other of them falling into arrear through the inefficiency of
its local board, or through what I hope is still rarer, the inefficiency
of its teachers. Hence it is desirable to establish in the midst
of all these schools a model school, where the system will be dis-
played with as great excellence as possible, and where a high
standard of efficiency will be held out before the surrounding
schools. By these means your school will diffuse far beyond the
range of its pupils the influence of good training and discipline.
That is what is meant by a model public school ; not that it is to
be a school of another character, not that it is to be founded on
another system, but that it should be pre-eminent amongst the
schools around it; just as some man of commanding influence
and weighty character is pre-eminent among his fellow-citizens.
I had an extract given to me in Sydney from one of the Council's
own reports, containing its views respecting model public schools.
The extract is from the report of the Council for the year 1867,
The Public School System In 1873. 377
and refers to such schools, and the Councirs desire to see them
established in populous towns. I will read it : —
'' The attention of the Council has been forcibly directed to the need
which exists in the larger towns of the colony for schools of a somewhat
superior class to the ordinary public or certified denominational schools. It
is found that schools in which the ordinary course of instruction could be
extended by the addition of elementary classics and mathematics would be
regarded as a great boon by large numbers of people. The Council has
therefore decided to assist in the formation of superior public schools of
this description, wherever the people contribute in the usual proportion
towards the extra expense which the establishment of such schools would
entail. "
In accepting this offer of the Council and carrying it out to such
success I think the committee formed in West Maitland are well
entitled to the thanks and gratitude of their fellow-townsmen.
Now, one word or two as to the system of education to be
taught in this school. I am aware that there are those who
disapprove of the system. But this large assembly can well afford
to allow those gentlemen to entertain a different opinion from ours.
The very soul of the free Government of a free country is to allow
every man to entertain his own opinion and to act upon it in every
legitimate way. But just to the same extent that others are
entitled to an opinion we are entitled to ours, and we show our
sound sense and genuine liberality by good-humouredly allowing
them to do their best against us. We insist upon acting upon our
opinion and we interfere with no one else ; we make no aggression
on any class, or on any individual of any class ; but we say that
in this great work of primary instruction which so intimately
relates to our children and to the country in which our lot is cast
— in this great work we ought to carry out such principles as shall
place them as men and women on a broad ground of equality.
This system of public instruction does not make war upon any
creed ; it does not make war on any class of opinion or any class
of individuals ; but it establishes a means by which children shall
receive the best primary education that it is possible to obtain,
without interference with any opinions their parents may hold,
and without subjecting them or their parents to any kind
of annoyance whatsoever. Perhaps it is one of the most striking
advantages of the system that no person can appear in any
school as teacher without having been taught to teach. There was
a time in this country not very far back — and there are other
countries where the same thing still exists— -when any person
37^ Speeches.
who had powerful influence could set up as a school teacher.
That was tlie case here some few years back, but that day has
gone for ever, and throughout the length and breadth of the land
there is no school supported by public money where any person
can obtain a footing as a teacher without being properly trained
how to teach. This, perhaps, is the most significant feature in the
system, and perhaps the most valuable guarantee to parents that
their children will be well instructed. It is idle to say that in
these public schools religion cannot be taught. There is nothing
in the world to prevent the clergyman, or the parents, or any
person religiously disposed, from teaching religion ; but the
system itself, so far as reading, writing, grammar and arithmetic
are concerned, is maintained on the assumption that it is far
better for these primary objects of instruction to be enforced
without mixing them up with any sectarian feeling whatever.
Surely teaching a child the alphabet does not afiect the salvation
of its soul. Surely to teach a child its own name, the name of
its parents, and of the town where it lives, cannot in any way
trench upon an article of faith ; geography can have little to do
with the child's religious belief. This system says that all
children alike, Protestant or Catholic, or Mormons if there be
any, may come up and be instructed in the necessary rudiments
of education. And why^ Not simply because the child so
instructed has a better chance in life than one who has no instruc-
tion — although that is a matter of all importance to the child
itself — but because the future nation will be composed of men
who will be all the better able to exercise the rights of freedom
by being properly taught. The system says that the child should
be educated, so that the individual child may have a fair field for
his exertions ; but, looking far beyond and above that considera-
tion, it says that he should be educated in order that the
country may take its station amongst the first nations of the
world.
These are the principles which the school you are about to erect
will enforce. It is very gratifying to me, and I am sure it must be
very gratifying to a great many of you, to know that this system
of education has made steady progress in this country during the
last seven years. In the year 18G7, the first year of the operation
of the Public Schools Act, there were only 288 public schools in
the colony; last year there were 396. In the year 1867, the first
The Public School System in 1873. 379
year of the operation of the Act, the pupils attending public
schools numbered only 28,434; last year they numbered 46,458.
Under this system of public schools there were two classes of new
schools established which never existed in this colony before. One
class is known as half-time schools, the other as provisional schools.
The provisional school is a school established where there are
not 25 children, the number legally required to found a public
school. It was thought by the Parliament of the day that there
might be places in the remote interior of this colony where
there would not be more than 15 or 18 children, and that
simply because they were situated in remote places it would be a
crime to let them grow up in ignorance ; and so the provisional
schools pick up these small groups of children until the neighbour-
hood becomes sufficiently populous for a public school ta be
established. In 1867 there were only 31 of these schools; last
year there were 194 of them. They have dropped down like an
angelic agency from heaven in the midst of the wilderness, to
give instruction to small groups of children widely separated
from all the influences of civilisation. Think what a blessing it
must be to the country to have nearly 200 of these schools.
The half-time school is founded on the principle that there may be
some groups of children altogether too small for a regular school
of any kind. There may be only 8 or 10 children, situated
30 miles from another similar small group of children — groups
of children living up some gully tenanted by free selectors. These
children must if left to themselves grow up into the forms of a
white barbarism ; and it was determined by the Parliament that
in such places, where the children could not go to school, the school
should come to them. The half-time school means that the teacher
goes to one place where there are 8 or 10 children and teaches
them for three days, and then rides on to another place 30
miles distant and teaches another group there for three days.
Thus the means has been supplied for these cases of dire necessity
where the light of instruction could not have fallen if it had not
been for this measure. In 1867, the first year of the operation of
the Act, there were only 6 of these schools; now there are 101.
I knew one instance — I shall not mention names — where the sons
of a farmer in a wild district took to the roads as bushrangers.
Two of these unfortunate young men — natives of the soil, who
might under other circumstances have been an honour to the
380 speeches.
country — died on the gallows. The year after, the sisters of these
unhappy men were attending one of these schools. I have men-
tioned this circumstance before, and I mention it again because it
is to my mind a most telling illustration of the value which these
schools have been to the country at large — how they have brought
enlightenment and good influences where without them there
would have existed nothing but moral darkness and degradation.
N'ow just for a moment, if I am not wearying you with these
figures, I want to tell you something about the field for the useful
operation of schools. I am going to deal with the census returns,
but do not be appalled ; I will make my figures as tasteful as I
can and will not be long about it. The census of this country
was taken on the 2nd of April 1871, nearly two years ago. I do
not know how many of you have looked at these census tables ;
they are more interesting than the latest new novel, more
suggestive than one of Browning's poems ; and if I could only
induce you to study them you would find much to instruct and
amuse you, and to awaken the most delightful contemplations of
the future of the colony. Amongst the returns I find that on the
2nd April 1871 there were in this country 18,000 babies under
twelve months of age. Just take in that fact, you unmarried men;
18,000 babies under one year old ! All these babies must have
been presented to the colony during the preceding year. Yery
well ; two years have elapsed since then, and whatever else may
have failed we may rest assured that there has been no failure in
the supply of babies. There must have been fully 18,000 babies
supplied in each of those years. So that adding these three
eigh teens we have now altogether not fewer than 54,000 children
under three years of age. Just contemplate such a fact as that —
an army of 54,000 children under three years of age. In 20
years they will be the real strength of this country, to say nothing
of the annual crops of babies during those 20 years rapidly
developing into men and women ; and is it not worth some little
expenditure of money, some little exertion of mind, to provide a
system of instruction that shall send forth that vast army of
human souls fitted to fulfil the worthy part of men and women in
the world 1 Of course many of these young lives will perish. I
am sorry to say that the mortality among the infantile classes is
very great. And it might be prevented to a great extent if with
the growth of instruction in this country fathers and mothers
The Public School System in 1873. 381
would think more about their homes ; if in the building and
ordering of their houses they would endeavour to have them well
ventilated, that their children may be able to breathe as pure air
inside as they can breathe outside their dwellings. If they would
pay a little more regard to cleanliness, and to small sanitary
arrangements, much of the infantile mortality would cease in the
land. I hope that with the advance of education we shall have
that result among other results. But though many of these
54,000 children will die, as unhappily they will, a vast num-
ber of them will go into the ordinary avenues of society, and
one of the most precious things we can give them is the means
of sound instruction. But let us trace these figures a little
further — I have only dealt with the babies. On the 2nd April,
1871, there were 110,000 children in the colony between the ages
of four and twelve. In the ordinary pursuits of society that may
be set down as the school age for the children of working people
and tradespeople. The children attending school I think num_
bered 88,000, according to the report of the Council of Education.
Take this number from 110,000 and we find 22,000 to be pro-,
vided for by private schools, or not attending school at all. Here
is a field for the useful operation of these new public schools to
train these infants, who will come upon the stage of real life in
some 20 years, and these 110,000 who will take their places
within much shorter periods of time. The total number of men and
women in this country between the ages of twenty-one and sixty is
only about 221,000. The total number of children under the age of
sixteen is 220,000. So that we shall have some of them claiming
their places amongst us in two years' time, some in three or four
years, a vast crowd in ten years, and that multitude of babies in
20 years ; we shall have as many persons coming upon the stage
to take their part in the real life of the country as the adult men
and women of the present population. They will come, insist
upon their right place, elbow some of us aside, settle down in
advance of many of us ; and are we not performing a beneficent
work when we do all that we can to enable them to perform their
part virtuously, intelligently, and beneficially for themselves and
the country 1 This is what this system of public instruction is
and what it will do. And to apply these general principles to
the real business of civilised society, I would ask each of you
to consider how much our boasted institutions — this educational
382 Speeches.
system amongst them, and the very political freedom we enjoy —
how much all these blessings depend on the right direction of the
individual exertions of each member of the population. Depend
upon it freedom does not consist merely in manhood suffrage and
vote by ballot or in equal electoral districts ; it consists in good
men and women. And a modern poet, whose thoughts have
perhaps been more entwined with the progress of the human
family than the thoughts of any of his contemporaries, expresses
this in some fine noble lines : —
" Freedom is re-created year by year
In hearts wide open on the Godward side —
In souls calm-cadeneed as the whirling sphere,
In minds that sway the future like a tide.
No broadest creeds can hold her, and no codes ;
She chooses men for her august abodes."
Depend upon it, if we were to study all the philosophers and all
the writers on political science, we should learn no more than is
conveyed in these lines of the poet Lowell, It is with men — men
of sound heart and aspiring soul — that freedom and good govern-
ment and all social blessings are built up and held secure. We
may have the most perfect laws, the most liberal institutions; but
if they fall into the hands of a debased race, who will not know
how to use them, the result, gloss it over as you may, will be
slavery and degradation. It is only by raising men to be indus-
trious, self- restraining, patriotic, robust citizens, and in raising
women to be virtuous, industrious, and careful mothers of families,
that you will bring about a condition of healthy freedom, and
create a powerful and prosperous state. All your boasted liberal
institutions, your platform-talk and your enlightened laws, are
as nothing unless you succeed in raising a race that will value the
gifts they possess, and who will in their thoughts, words, and
deeds continue, in their day and generation, to guard and consoli-
date the freedom of the country.
I trust that in establishing this school, some of the thoughts to
which I have endeavoured to give expression will have weight
with those who hear me. And I hope that the whole community
will consider that establishing the school is not enough. You
must get good teachers, you must put the affairs of the school into
the hands of gentlemen forming your school board who will
watch it as a mother watches her children. But even more than
all this, parents and children must do their duty. However good
The Public School System in 1873. 383
the school may be, you must remember that the children are only
there a few hours, while they are in contact with the vital example
of their parents during the greater part of their lives. And how-
ever excellent the organisation of the school may be, however
well-trained the teachers, however faithfully the local board may
perform their part, all these things will be of little avail if the
people of this district do not waken up to a sense of the priceless
charge they have in their children. They must do their duty,
and realise that education commences when the child first looks
upon its mother's face, and ceases when the eyelids are closed for
ever. Education goes on every day, from the cradle to the grave,
under all circumstances, in all societies, at home and abroad.
And unless sound influences are brought to bear upon human
lives, these lives will not be sound at the core. Therefore with
this school system, equalled in no land under the sun ; with this
school you are about to erect under the supervision of the good
men in whom you have shown your confidence — let me impress
upon you to do your part to bring about a better training for your
children than many of you have had yourselves. I thank you
for the patient hearing you have given me, and cannot too
fervently express my hope that your most sanguine expectations
will be realised in the institution you have this day founded.
THE POLICY OF PROTECTION.
REPEAL OF THE AD VALOREM DUTIES.
[From the year 1865 until the close of the year 1873 ad valorem
duties of 5 per cent, were imposed upon all articles of merchan-
dise imported into New South Wales not subject to a specific duty,
and excepting articles included in a limited free list. On the 1 6th
of October 1873, Mr. George A. Lloyd, Treasurer in the Parkes
Administration, submitted to the Legislative Assembly, in Com-
mittee of Ways and Means, proposals to repeal the whole of the
ad valorem and a large number of the specific duties, reducing the
tariff to 55 articles. These proposals, with slight modifications,
were carried into law. Mr. Parkes spoke on the last night of
the adjourned debate.]
SPEECH
Delivered in the Legislative Assembly, October 29th 1873.
Mr. Parkes said : Before he entered upon the subject under
consideration he felt it necessary to say a few words respecting
a statement made by the honourable and learned member for
East Macquarie (Sir James Martin) the other evening, to the
effect that the present Government had received from him and
his friends an unusual amount of generosity. The honourable and
learned member's words were that other Governments had made
the same proposals for railway construction that this Government
had made ; but that, whilst the present Government and their
supporters were in Opposition they prevented these proposals from
passing, and now they had come into office and carried them with
the assistance of the Opposition.
Mr. Robertson : Hear, hear. That's true.
Mr. Parkes : The fact was, that the only distinctive feature in the
proposals of the present Government for railway construction was
The Policy of Protection. 385
to carry the Southern line further than the Northern or Western.
That proposal had been made twice in Parliament (he being
Colonial Secretary at both times), and on each occasion it had been
opposed by the honourable gentleman (Mr. Robertson) who now sat
at the head of the Opposition. The proposal was made in 1867 and
was opposed by Mr. Robertson ; it was now again made, and was
again opposed by the same honourable member. The only difference
between the proposals made in 1867 and the proposals of the present
Government, was that the Government of which the honourable and
learned member and himself were then members, proposed to take
the railway a point lower down the Murrumbidgee than the point
proposed by the present Government. It must therefore be obvious
that the honourable member's observation was inaccurate, because he
could not by any possibility have been concerned in opposing this
thing, when on the only two occasions of its having been proposed
he was a member of the Government. In reply to the honourable
and learned member's observation, that the Opposition had
assisted the present Government to carry the proposal, he could
only say that the honourable and learned member's late colleague
opposed the Government as he had done years before, and that
the honourable and learned gentleman himself was not on the
division amongst the supporters of the present Government.
This Government brought down an estimate for an extension of
the railway from Goulburn to Wagga Wagga ; and the honourable
member moved that the sum necessary to carry the railway from
Yass to Wagga Wagga should be omitted, and he divided in a
minority of 6 to 41. In that majority of 41, the name of the
honourable and learned member for East Macquarie did not appear.
Therefore, the honourable gentleman's statement that the present
Government carried out a policy which they had opposed when in
Opposition was entirely wrong, as was also his statement that he
had supported the Government in carrying out this policy. He had
taken the trouble to refer to the speech made by the honourable
member for West Sydney when, in 1867, he moved an amendment
to Sir James Martin's proposal. The honourable member had a most
unenviable reputation for trying to cast suspicion upon his oppo-
nents whenever they did anything of which he disapproved, and
on the occasion referred to he endeavoured to cast suspicion upon the
honourable and learned member. These were the honourable
member's words : —
2 A
386 Speeches.
" It was a very extraordinary thing, and one that was calculated to excite
grave suspicion, that at this particular time the chief engineer, Mr. Whitton,
should be smuggled out of the country, and this House thus had no means
of knowing what was the opinion of that officer respecting the questions
involved in the propositions under discussion. He should like to know
why the plans had not been laid on the table, and only the document signed
'John Whitton' had not been circulated in the ordinary manner. He did
not appreciate this new dodge of circulating Parliamentary papers. He
had now got the paper in his hand, and there was not from Mr. Whitton
one word in favour of the line."
Whenever he could not in fairness meet his opponents he was
always ingenious — he was always ingenious enough to throw
suspicions over the reputations of his opponents.
The honourable member for Camden (Mr. Garrett) was pleased
to say that the Government in proposing to abolish the ad valorem
duties were doing no more than would have been done by any
other Minister. The difference between the present and preceding
Governments was that the present Government had not said much
about it, but were doing it. Other Governments had talked a
great deal about doing it, but had never attempted to do it. The
honourable member made the statement no doubt in order to take
away from the Government the merit of redeeming their promises
and acting in accordance with their professions. Then the honour-
able member stated that he had not done what he proposed to do
some thirteen or fourteen years ago — repealed the tea and sugar
duties. Thirteen or fourteen years was a period long enough to
justify any one in changing his opinion. Nor was it a very dis-
creditable thing for any man to change his opinion if upon further
consideration he had arrived at a different conclusion. He did not
say whether he had done that or not. But he said that when the
Government proposed to remit duties to the amount of nearly
£200,000 they might fairly stop. And he should like to know
whether honourable gentlemen sitting in that House would have
preferred the Government to remit the tea and sugar duties
instead of the ad valorem duties. The Government could not do
both things. In preparing now to abolish the ad valorem duties
they did not consider themselves justified in interfering with the
duties on tea and sugar.
The Government had not submitted to the House any proposal
for new taxation. They had been treated with remarks from
honourable members, and the question had been dealt with out of
doors, as if the Government were proposing to impose new
The Policy of Protection. 387
burdens on the country. They were doing nothing of the kind;
on the contrary, they stood in the pleasant position of being able
to remit taxation without the necessity of imposing new duties.
All they proposed to do was to increase the duty upon one article
only, whilst the tariff was simplified by the remission of a large
number of duties which had had a baneful effect by interfering
with the commerce of the country, without having any corre-
sponding beneficial effect upon the revenue. But their proposal,
simple as it was, had by some extraordinary means raised the
question of Protection ; and as some obser vationshad been made
which he very much regretted to hear in an English Legislature,
he should say a few words on the question raised.
In dealing with the question the Government found themselves
in a very curious position. There were gentlemen opposed to
them who entirely dissented from the remission now projDosed.
The honourable and learned member for East Macquarie entirely
dissented from it ; the honourable member for Tumut (Mr. Hos-
kins) and the honourable member for Bathurst (Mr. Combes) also
dissented. Then, on the other hand they had a number of gentle-
men — including the honourable member, Mr, Robertson, and the
honourable member, Mr. Garrett — who declared that they entirely
concurred in the course taken by the Government, though they
were not disposed to give that Government much credit for it.
Honourable members opposite approved of what the Government
were doing, and yet the Government had found no friendly intima-
tions of concurrence coming from the other side. What he desired
to say on the subject of protection was chiefly in contradiction of
the assertions, rather than arguments, that England was falling
into a course of ruin by the adoption of her free-trade policy.
Mr. Combes : I believe it.
Mr. Parkes : He was glad to hear the honourable member's
remarks, as it showed that he was not misstating the views of
honourable members opposite. The honourable and learned
member for East Macquarie, whose contempt for the great free-
trade statesmen of England they all knew, had taken occasion,
when Mr. Webb was speaking, to interject an observation to the
effect that England was now only a third-rate power.
Mr. Combes : Hear, hear !
Mr. Paekes : By his cheer it seemed that the honourable
member for Bathurst concurred in this statement. He was glad
2 a2
388 Speeches.
to find that such opinions came from members representing
Western districts, and were confined to the regions of the setting
sun. It was some comfort to know that these honourable gentle-
men only represented one portion of the colony, and that where
the sun set. But he should take the trouble to show how fallacious
were the reasoning and the views of these honourable gentlemen.
Mr. Combes : I hope you will go back to the Revolution 1
Mr. Parkes : He might go back to the time of Edward I., because
it was in that reign that Customs duties were first actually collected.
The honourable member for Bathurst, however, was quite right,
since the collection of Customs duties, to any appreciable extent,
dated from the time of the Revolution, or rather from the Restora-
tion. He found on the best authorities he could consult, that
from 1660 down to 1784 the Customs accounts of England were
in such a complicated state that there were upwards of one hundred
separate accounts for the entry of duties ; and yet, notwithstand-
ing all that, the revenue from these duties was very inconsiderable.
So numerous were the Customs laws that when a Select Com-
mittee of the House of Commons was appointed in 1784 to make
inquiry into their number and extent, it was found that the Acts
in force filled six large folio volumes. If it were a correct prin-
ciple that every man should understand the laws under which he
was governed, he would ask how it was possible for him to know
the state of the Customs laws. Mr. Jickling was employed for
twenty-five years in making a digest of these Customs laws. The
inferences to be drawn from the facts he was stating would rather
surprise honourable gentlemen, and show them the impolicy and
the utter absence of wisdom in their efi'orts to establish a protec-
tive policy. In 1787, Mr. Pitt brought in his Customs Laws Con-
solidation Bill, and at that time it was expressly stated that
it was for the purpose of regulating the labour and commerce
of the country. Duties were imposed upon 1200 articles, including
ad valorem duties upon 300 articles of import and 60 of export.
Thus the system had lasted for more than 100 years after the intro-
duction of these Customs laws at the Restoration ; nor ought it
to be forgotten that the great object of imposing these duties was
to protect the industry and trade of England. At the time these
laws were imposed the population of England, as shown in a digest
of the census now on the table, was 5,466,572. He would wish
honourable members to bear in mind that no nation could ever be
The Policy of Protection. 389
powerful and prosperous unless her people steadily increased in
numbers and were well educated to a life of productive industry.
What had been the case here 1 After these duties had been in
existence 100 years, and after the brains of succeeding statesmen
had been racked to improve them so as to make them protect the
commerce and labour of England, the population in 1751 was
only. 6,335,840. Thus in the 100 years there had been an increase
in the population of only 869,268 souls. That was one great fact,
and honourable gentlemen would do well to appreciate its signi-
ficance as going to show how the nation, under this protective
legislation, must have struggled on and yet made no progress in
population beyond these few hundred thousand souls.
Mr. Combes : What battles were fought ?
Mr. Parkes : He knew there had been wars and civil strife,
and, what had been still more fatal, there had been deci-
mating diseases which had run riot through the land ; but
there was the fact that the nation had shown an utter want of
power to make any appreciable advance whatever. In the 17
years from 1798 till the battle of Waterloo in 1815, and after Mr.
Pitt had carried his Customs Laws Consolidation Act, Parliament
passed 600 new Customs Acts. People in these days would be
inclined to regard this statement with incredulity and yet such
was the case, that 600 new Acts were required in 17 years in
order to give direction to this policy of protection. Previous to
the accession of George III. the Acts passed altogether were
800, and during the first 53 years of his reign there were
1300 other Customs Acts passed, these Acts being passed
by the constant, irritating, impatient efforts of English statesmen
to serve England by protecting her trade and her industries.
Still the nation made very little headway in its external com-
merce, or in the growth of its population, because we found that
at the beginning of the century — amazing as it might appear to
honourable members who had not looked into these astounding
facts — that in the year 1801 the population of England and
Wales was only 8,892,536. He could not afford time to trace
this matter over the intervening years which brought it to what
he recollected himself. He recollected the state of England just
prior to the commencement of the beneficent policy which had
brought England to her present pitch of prosperity and greatness.
The beginning of the great reforms which had taken place in the
390 ' Speeches.
policy of England was upon the accession to power of Sir Robert
Peel in 1841. He was old enough to recollect the state of
England then. He recollected that in the year 1838 he was
called upon to act upon a coroner's inquest on the death of a
mechanic who, from sheer starvation, had tied himself to a nail in
the fireplace, and had strangled himself by lying on the floor.
The body of that man was reduced to a state of emaciation such as
he had never witnessed in any other case, although he had seen
many cases of similar suffering from sheer poverty. His family
were living without utensils of any kind — without chairs, without
beds, and in a state of starvation which scarcely enabled them to
walk about. And what he saw himself in that dismal, solitary
home was the case all over England. The distress which existed
at that time continued, paralysing the trade, paralysing the power
of the wealthier classes, and decimating the population, until the
accession to power of Sir Robert Peel. Inquiries were made into
the causes which produced these results. At Bolton 300 families,
comprising 1400 persons, were found whose total income only
averaged 15Jd. per head per week ; 1000 were found whose
income was only 18d. per week, and the remainder, it was stated,
were living on incomes of 2s. and 2s. 6d. per week. Sixteen
hundred of these unfortunate persons in that one town had only
500 beds amongst them — men, women, and children. The same
report showed that at Paisley there were 650 heads of families
out of work, and 1200 looms standing idle: and that at Man-
chester there were 8000 people living on 15d. per week. All
this was after 180 years of protective policy. We would see how
the state of the country generally was described at that time. A
well-known writer on fiscal legislation, Mr. Noble, speaking of
this time, said : —
" Every interest in the country was alike depressed ; in the manufacturing
districts mills and workshops were closed, and property daily depreciated in
value ; in the seaports shipping was laid up useless in harbour ; agricultural
labourers were eking out a miserable existence upon starvation wages and
parochial relief ; the revenue was insufficient to meet the national expendi-
ture ; the country was brought to the verge of national and universal
bankruptcy. In some of the agricultural districts estates were given up by
the owners to the parish authorities because the rates exceeded the rents.
The protective system, which was supported with the view of rendering the
country independent of foreign sources of supply, and thus, it was hoped,
fostering the growth of a home trade, had most effectually destroyed that
trade by reducing the entire population to beggary, destitution, and want.
The Policy of Protection. 391
The masses of the population were unable to procure food, and had, conse-
quently, nothing to spend on British manufactures."
After all the gigantic amassing of conflicting laws aiming at a
perfect system of protection, which it was impossible for any man
to comprehend, that was the result. And while that state of
things pervaded the whole nation, the external commerce of the
country had dwindled down to an insignificant amount, as it must
have done, for that state of things to exist, and the population
had remained almost stationary.
Sir Robert Peel came into power and brought Mr. Gladstone
with him as President of the Board of Trade. It was well known
that, so far back, in association with Sir Robert Peel, Mr. Glad-
stone was the man who worked at the very core of this question
in ameliorating the tariff of England. Sir Robert Peel found,
confirmatory of this dismal picture of the state of England at
that time, a deficiency staring him in the face of .£2,570,000
sterling; and he stated that if no remedial measures were resorted
to in a new direction this deficit would go on accumulating until
at the end of 1845 it would amount to £10,000,000 sterling.
Sir Robert Peel stated that the only remedy was to legislate in a
new direction — to diminish the burdens upon the people and upon
the commerce of the country ; and by his great measure of that
year he reduced the duties on 750 articles, and removed all
prohibitions.
Mr. Baker : And imposed an income-tax.
Mr. Parkes : And imposed an income-tax. But he did not
see how that afiected his argument : it rather supported it. From
that year the population, the prosperity of the people, the fulness
of employment, the external commerce of England, had taken as it
were electric bounds ; and it was perfectly amazing to see what
England had done year by year as the burdens of the people had
been removed. As the activity of her people had been relieved
from all impediments, the commerce of the people had more and
more expanded.
He had already alluded to the stationary character of the popu-
lation of England during the century which ended in 1751. He
had already pointed out to the committee that the increase during
that long period was only a little more than three-quarters of a
million. Applying the same test, and he knew of no better, to
the condition of England, he found that in the century ending
392 Speeches.
1751 there was an increase in the population of 869,268 ; and at
the end of the next hundred years, namely, in 1851, there was an
increase of 1 1,773,570.
Mr. Macintosh : Dr. Jenner was the chief cause of one
portion of it.
Mr. Parkes readily admitted that the great improvements in
surgical science and in medical skill and the more peaceable dis-
position of the inhabitants had a great deal to do with it. It was
very curious to note the increase during the last sixty years up to
the present time. In the thirty years ending in 1841 the increase
was 5,749,932; but during the thirty years ending in 1871 — the
latest return we had — tlie increase was 6,798,078. But the elastic
power of the country after it was released from the burdens which
had crippled its industry and commerce would be seen most
remarkably in the exports of the country. We found that within
the years 1842-4 — the first two or three years after the commence-
ment of the beneficent legislation of Sir Robert Peel — there were
remitted duties to the amount of .£1,807,597, and the exports from
England during that period were .£58,534,705. In the period
1845-52, seven years, the remissions of duties amounted to
£8,633,216 and the exports mounted up to £78,076,854. In
1853 there were further remissions to the amount of £2,064,091,
and the exports measuring the productive power of the country
mounted up to £98,933,781. In the year 1854-5 new duties
were imposed to the extent of £5,580,483, and the exports imme-
diately receded to £95,933,781 — the amount not being much
in itself, but being very significant as compared with the increase
of about £20,000,000 sterling consequent upon the remissions of
Customs duties during the preceding periods. From 1856 to 1857
there were duties remitted to the amount of £3,831,965, and the
exports expanded to an average of £122,066,107, or much more
than double the exports at the time of Sir Robert Peel's first
financial reforms. In the period from 1860-65 the Government
of England again remitted duties to the amount of £9,471,420,
and the exports increased to £165,835,725. In the year 1871 the
exports of Great Britain amounted to £223,066,162 against only
£57,000,000 in 1842. But during this time the importations of
food rose from the value of £27,911,422 in 1840 to £71,883,930
in 1865 ; and of course a nation must be all the more prosperous
the more abundant became its supply of food.
The Policy of Protection. 393
Now he should take the liberty of referring to his own ex})e-
rience for a moment. He returned to England after an absence
of 20 years in 1861, and visited all those portions of England
with which he was acquainted in his early life — namely, Warwick-
shire, London, Gloucestershire, and South Wales ; and nothing
struck him so forcibly, nothing so amazed him, as the improved
condition of all classes of the great body of the people. He was
prepared for great changes, but there was no change that forced
itself upon him as being so remarkable as the improvement in
the homes and habits of the people, not even excluding the agri-
cultural labourers. As to the condition of the English farmers,
there appeared to be an incredible improvement. He remembered
well a farmer going to the exhibition from Berkshire, and
entering into conversation with a number of his fellow-farmers
in the railway carriage ; he remembered one of the expressions
he made use of was that nobody was so well off as the farmers.
*' After we put in our seed," said he, " we have nothing to do —
nature does it for us. The grain grows while we sleep, and when
our crop is gathered in we have ten customers from whom we can
make our choice." The farm-houses, as far as he had an oppor-
tunity of contrasting his experience of twenty years before, were in
all respects better provided with comforts. In one district where
in 1825 he had seen men breast- ploughing the land with a rude
instrument a farmers' Agricultural College now existed. Nearly
every farmer of any extent had a steam plough, and the improve-
ments which had been brought about and extended by scientific
methods were largely introduced on the superior farms. The
condition of the. class of mechanics was immeasurably improved,
and at the present time it was so generally good that there was
very little disposition amongst them to leave England.
We might be told, as we had been on other occasions, of the
great success of the protective policy in America. He thought of
all countries in the world America afforded the most striking
example of its failure. He was quite sure he could prove it if
he had time, but he had the authority on this subject of a political
economist — Mr. Amasa Walker — whose cultivation, deep thought,
painstaking investigation, and judicial character caused him to
rank as one of the highest authorities on economic science
America had produced. Mr. Walker says : —
" It is within our personal knowledge that when the proposal was made
394 Speeches.
to impose the protective tariff of 1816, the leading: manufacturers of
Rhode Island, amongst whom was the late Mr. Slater, the father of
cotton- spinning in this country, met at the counting-room of one of
their number, and after deliberate consultation upon the matter, came
unanimously to the conclusion that they had * rather be let alone.' Their
business had grown up naturally and succeeded well ; and they felt con-
fident of its continued prosperity if uninterfered with by Government. On
the other hand they argued that by laying a protective tariff the business
would be thrown out of its natural channels and become fluctuating and
uncertain. How well founded were these anticipations subsequent events
have fully shown. It will doubtless be a matter of profound astonishment
to the future historian that a people who had a free and untrammelled
industry, with natural advantages for the most productive agriculture in
the world, and for the legitimate growth of every kind of manufacture,
should ever have asked for restrictions upon trade. But in truth they did
not ask for protection at the outset. It was forced upon them by politi-
cians, irrespective of their wishes, for the avowed purpose of securing a
home market for cotton. All New England was opposed to the policy and
protested against it, yet it was carried. Special forms of manufacturing
were brought into existence ; and as these were sickly and needed all the
help they could obtain from Government, an interested party was formed,
which clamoured incessantly for protection. Yet it was not until the third
tariff— that of 1824— had gone into operation that the northern and central
States became the partisans of protection.
So that according to this authority, the manufacturers themselves
held out for eight years before they gave in their adhesion to this
policy. He remembered reading, not long ago, a report upon the
operation of the protective policy of America, and the example
given of its injurious effect was the case of the manufacture of
boots and shoes in some town in Massachusetts. The Legislature,
in order to protect this particular manufacture, had imposed an
import duty upon boots and shoes of foreign make, upon foreign-
made leather for boots and shoes, and upon foreign hides which
might be tanned into leather. The effect of protecting the industry
was to destroy these manufactures entirely. It kept out the foreign-
made boots and shoes, but it kept out the leather, and the hides
which were made into leather, and as the domestic-grown hides
were not one-hundredth part of the supply, the manufacture of
boots and shoes was for the most part destroyed. That was a sin-
gular, and perhaps extreme instance of the infelicitous and blind
way in which the Legislature endeavoured to effect an object which
it could not effect. They found that it did not bring in revenue.
By the tariff which was brought into existence in 1840, and con-
tinued without change until 1846, the average imposed duty of 33
The Policy of Protection. 395
per cent, on imports bronglit in revenue amounting to 26,000,000
dollars. In 1 848 another tariff was brought in with the duties consi-
derably reduced, and that continued until 1857, the average during
that period being 24 J per cent., and the tariff bringing in revenue
to the amount of 46,000,000 dollars.
The state of things in America would be best shown by glancing
for a moment at the course of her shipping. Her protective policy
was virtually destroying her shipping. In the years 1860-61 the
registered tonnage was 5,539,813 tons, but in the years 1869-70 it
was only 4,246,507 tons. The tonnage engaged in the coasting
trade in 1860-61 was 2,657,292, and in 1869-70 it was only
2,595,328. The tonnage engaged in the cod fishery in 1860-61
was 127,310, and in 1869-70 it had dwindled down to 82,612.
Then let them examine for a moment the foreign trade of the
United States during these periods. Between the United States
and the Brazils in 1860 there were 346 American and only 118
foreign ships employed, and in 1869 there were 114 American
ships and 359 foreign ships employed in the trade between the two
places. If they came to the direct trade between the United
States and Great Britain, in 1860 there were 924 American and
613 foreign ships employed, while in 1869 the American vessels
had dwindled down to 365, and foreign vessels had risen to 1391.
Again, if they looked to the relations of British Possessions in
America, it would be seen that for a long time the United States
had a considerable trade with Canada. Yery recently a gentleman
(Mr. J. R. Lamed) was appointed to report upon the commercial
relations of the United States with the British Possessions in
America, and in his report, addressed to the Treasurer of the
United States in February, 1871, he spoke in the following terms :
" . . . . The balance of trade in our favour was 39,410,899 dollars ;
but in 1863 the balance shifted to the other side, and ever since the prepon-
derance against us has steadily and rapidly increased, until now we are
exchanging commodities for little more than one-half that we buy from the
British provinces. Indeed, the exchange of our own productions covers less
than one-half of the amount that we are importing from the provinces."
The same authority — and let them remember that this was a
Commissioner appointed by the United States Government — said
in another place : —
" The range of the Canadian market for American productions appears to
be lamentably limited, and almost confined to the rawest products of agri-
culture, with hardly an appreciable opening for the benefit of our skilled
396 speeches.
labour in any department, and this, too, in the case of the nearest neigh-
bours we have upon the globe."
One of the effects of this protective policy had been to extin-
guish the United States trade with Canada, which in former years
was very considerable. And then Mr. Wells, who was formerly
Commissioner of Kevenue for the United States, commented thus
upon this report of the officers appointed to report upon the state
of the relations of the United States with Canada : —
" It thus admits of demonstration that the highly protective policy which
has characterised the fiscal legislation of the United States since 1860,
conjoined with the use of an irredeemable and fluctuating paper currency,
has been productive of effects directly opposite and antagonistic to what its
authors prophesied and anticipated ; and that the country thereby, so far
from having been made commercially and industrially independent, has
been really rendered more dependent than at any former period — the flag of
its commercial marine having been almost swept from the ocean ; the
power to sell in foreign markets the products of its manufacturing
industries having greatly diminished, while the importation of the products
of foreign competitive industries has continually and most remarkably
augmented."
He thought that these facts and authorities showed that protec-
tion had not done what its advocates proclaimed it to have done
for England or the United States of America ; and many persons
who might be considered to a large extent impartial, and who
treated the question more from an historical point of observation
than any other, firmly believed that America would before long
revert to a commercial policy similar to that of Great Britain.
But there could be no doubt whatever of the gigantic growth of
Great Britain under its free-trade policy. That was beyond all
question ; and as they had no light for their guidance so safe as
the light of experience, they could not believe that England would
have progressed at the same rapid pace under protection.
He had dwelt thus long on this subject because he did not think
it right that opinions should go forth that Great Britain had lost
power, prestige, or position among the nations by the free-trade
policy which she had now acted upon so persistently for some
thirty years. But the question of protection, in his judgment,
was not properly raised in this colony by what the Ministry at the
present time proposed. He had already pointed out that they
were imposing no new duty of any kind. They were simply
remitting burdens. Nor could they lay any great claim to
making a large step in the direction of free-trade. Their course
The Policy of Protection. 397
was a course that might be more correctly described as an attempt
to simplify the existing tariff — to relieve the operations of persons
engaged in commerce from all unnecessary and vexatious inter-
ference. They remitted a very large number of duties. Alto-
gether they removed duties imposed upon nearly 200 articles,
147 of which were embraced under the ad valorem duties. They
did not by the removal of the specific duties do much injury to
the revenue, because to a large extent these duties produced a very
limited amount, and it could scarcely be said that any one of
these duties could be considered in its effects a protective duty.
If the advocates of protection were sincere and in earnest — if the
honourable and learned member for East Macquarie, who last
session said he would try this question of protection in Parlia-
ment, was in earnest — what he should do would be to simplify
the tariff in the direction in which they were now simplifying it,
and at the same time impose duties on those articles which could
be made in the colony, say to the extent of 25 per cent., which,
though they would not possibly be quite prohibitory, would be
substantially protective. But it was the idlest pretence to say
that ad valorem duties of 5 per cent, upon furniture could be
regarded as any appreciable benefit to the colonial cabinet-maker.
Why, there was upon this class of articles in the great cost of
transit from the country of manufacture to the country of con-
sumption a duty amounting at least to one-third of the first cost,
and in many instances to more.
Mr. Booth : We had to compete with articles made in peniten-
tiaries.
Mr. Parkes : Experience told us that articles made in peni-
tentiaries were not the cheapest articles in the world ; and in
most instances they could not be made even so cheaply as they
could be made by other labour. The probability was that, though
the sentiment awakened in connexion with these manufactured
articles fixed upon them a kind of varnish of cheapness, they were
not one bit cheaper for being manufactured in penitentiaries, even
supposing that articles so manufactured found tjieir way in any
quantity here. But he did not think that fact could be very well
established. It was idle to say that an ad valorem duty of 5 per
cent, could be any appreciable encouragement to the local manu-
facturer. But supposing it to be admitted that it was an
encouragement, it would still be preposterous that for the sake of
39^ Speeches.
a 5-per-ceiit. bonus on five or six industries we should harass and
cripple trade by imposing duties upon some 140 articles. Persons
in favour of free-trade said human labour was the source of all
value and power, and that the purchasing power of labour in all
its manifold forms ought not to be limited by any legislative
restrictions for the benefit of any particular class — that the person
who gave his labour in the creation of wealth, whether as a
labourer, an artist, a clerk, or a merchant, should have the widest
and most unrestricted purchasing power as the result of this
labour ; or in other words that he should buy as freely as possible
from all the markets of the world where he could get the most
immediate or the most substantial return for the labour he had
given. Could that be doubted for a moment 1 It did not appear
to him to admit of any possible argument in opposition. You say,
on the other side of the question, that by imposing some duty
which would restrict the importation and currency of some manu-
facture made in Great Britain, you would thereby enable half a
dozen or half a score of persons who made a similar article here
to get a better price for it. In plain language this means that
you would compel the whole population to pay a higher price for
it. That was essentially an unjust and a wicked thing. He could
conceive of no just reason for imposing taxation except to provide
the revenue necessary to maintain the services of the State ; and
when taxes were imposed for any other object — to regulate trade,,
to root industries where they would not otherwise take root, they
only encouraged a sickly growth, subject to artificial fluctuations,
and which sooner or later must perish, and inflict serious conse-
quential or collateral injuries upon the country. Persons there-
fore who supported a free-trade policy stood upon this clear and
broad ground — their policy gave to all alike the unrestricted pur-
chasing power of labour — whether that labour was in the exercise
of talent or muscle, or of the two combined, in the direction of
capital ; and any legislation enacted for the purpose of building up
some industry which could not otherwise take root was an unjust
interference with this freedom of labour, both in its exercise and
its reward.
All the merit to which the Government could lay claim in this
direction was that they proposed to make the tariff" more simple —
to release our commerce from impediments and inconveniences to
which it ought never to have been subjected. They had prepared
The Policy of Protection. 399
the field for this battle, if they were to have the conflict — whether
the policy of this country should be assimilated to the policy of
modern England, or whether it should be restrictive, such as the
policy of England was in that dreary century to which he had at
some length alluded. The Government were redeeming the
distinct promise they had made to Parliament to abolish the ad
valorem duties, and he ventured to say they were doing great good
by removing in addition those specific duties which did not bring
in any appreciable amount of revenue, and confining the tariff of
the country to some bQ or 57 articles.
By the abolition of the postal charge upon newspapers they had
given up a net amount of £10,000 ; and by the abolition of the
Newcastle tonnage dues they had given up a net amount of
X7000 ; by the abolition of the ad valorem duties, and the 57
specific duties which they intended to include with them, they
now gave up an amount of something like £172,000, making
altogether a sum of about £190,000 in round figures. They
thought that was rather too large an amount of revenue to give
up at one time notwithstanding the flourishing state of the
revenue ; and in looking round for some assistance to the revenue
to enable them to do what the public interest required, and what
they considered it was their duty to endeavour to do, they thought
that the least objectionable course would be to impose an addi-
tional duty upon the article tobacco. He did not believe that
any article within the whole range of consumption could be pointed
out more eligible for taxation. It conformed to nearly every
condition that had been laid down by persons of authority on the
subject of taxation. It was essentially an article of luxury.
An Honourable Member : Not to the working man.
Mr. Parkes : He denied that assertion altogether. He had
not been without experience among working men, as much perhaps
as the honourable member who had just interrupted him, and he
knew there was a large number of them who never consumed
tobacco at all.
An Honourable Member : A greater number do use it ;
more use it than do not.
Mr. Parkes : If tobacco was largely consumed by working men
and if he was reminded of that fact with any view to drawing
down upon him unpopularity with the working classes, honourable
gentlemen greatly misunderstood him if they thought he feared
400 Speeches.
any penalty of that kind. Bat tobacco was essentially a luxury,
and there could be no article selected, consumed by anyone what-
ever, that was more completely a luxury than tobacco. Again, it
was an article the tax upon which any person could decline to pay.
They were told that it made an article a legitimate subject for
taxation when it was of a nature that rendered a person who
consumed it the free choice of consuming it or not. Now any
person declining to consume tobacco could escape from paying the
tax. This was not the case with many other articles — with bread
for instance. But tobacco was an article, and eminently so, in
which the consumer had the free choice to pay this tax or not.
Economists told them further that any article was a fair subject
for taxation if in case the tax diminished the consumption of the
article no harm was done to society. Tobacco conformed as
eminently to that test as any article that could be selected,
because if the consumption decreased no man would be hardy
enough to say that any harm was thereby done to society. It just
came to . the question whether the tax was excessive, and he did
not think that any person who reasoned upon the subject would
think that this tax of 3s. and 2s. — 3s. upon manufactured tobacco,
and 2s. upon unmanufactured tobacco — was excessive. Indeed a
very extensive manufacturer of tobacco told him only yesterday
that he considered the article would bear the tax just as well as it
bears the tax at present in existence. Independently of this
opinion altogether, he maintained that this article would fairly
bear the tax that the Government proposed, and that it would
be much more suitable to place this tax upon tobacco than
upon the people's tea and sugar. Then came the question arising
out of the Border relations with the other colonies. It was useless
to disguise the fact that those relations rendered the proposals of
the Government more embarrassing than they would be if no
Border treaty existed. There were objections arising from our
relations with the sister colony of Victoria on our Border question.
He admitted that this introduced an element of considerable em-
barrassment. But he did not admit all that had been said on the
Opposition side. There were at the present time the same differ-
ence in the duties levied in South Australia and New South Wales
as there would be in the duties of Victoria and New South Wales
if this increased duty were assented to ; if not quite to the same
amount, to an amount that should have been attractive according
The Policy of Protection. 401
to the arguments that had been used. Yet they did not hear that
there had been any attempt to take advantage of the Convention
which existed between this colony and South Australia. There
had been a premium all along to the amount of 50 per cent., and
that, according to the reasonings he had heard, would form a very
large profit after paying the cost of carriage ; yet it had not
induced a single package of tobacco to come up the River Murray
from South Australia during the four or five months that this Con-
vention had been in operation. Then it should be borne in mind,
that by the 10th clause of the Convention between this colony and
Victoria we were at liberty, on a notice of three months, to remove
the article of tobacco from the operation of the Convention, and
only allow it to pass duty paid or in bond. Up to this period, if
he was correctly informed, the largest quantity of tobacco had gone
from this colony into Victoria. He had a private letter from the
Commissioner of Customs in Victoria informing him that_, in con-
sequence of the large quantity of tobacco going from this colony
into Victoria overland, the Victorian Government were very likely
to put in force that 1 0th clause, and except tobacco from the opera-
tion of the Convention. He thought it best that the Committee
should know that the complaints were not all on one side. But
he did not anticipate anything like the results which honourable
gentlemen had pointed out as likely to follow this increased duty
on tobacco. He should, however, be very unwilling for any move-
ment of his to call into active force that provision of the Conven-
tion, after the labours which had been expended in efibrts to
establish free intercourse across the Border.
The Government shared with honourable members considerable
feelings of annoyance that persons engaged in trade in Sydney
should have evaded the operation of the measure proposed by
taking tobacco out of bond in large quantities. They felt a great
deal of annoyance that this had taken place, but it was not the
first time that persons, anticipating an increase in the Custom
duties, had speculated in paying duties upon articles that they
thought would be aifected by the changes about to be made. On
all occasions mercantile men were remarkable for shrewd penetra-
tion in the anticipation of probabilities. They watched the course
of events, picking up information of what was likely to happen,
drawing their own inferences from supposed facts, often from mere
suppositions in which they were entirely mistaken ; and, in paying
2 B
402 Speeches.
a few thousand pounds upon an article which in the course of their
business was likely to be consumed in a few months, wealthy firms
were put to but little inconvenience, while if their speculations
proved right they would make a large sum of money at the
expense of the revenue. The same thing had been done before,
and to a greater extent than was now the case. But the Govern-
ment was much annoyed that this should have been done at all,
and they were not insensible of the difficulties which beset them
on the border; although as he stated before, they did not believe
those difficulties approached to anything like the extent repre-
sented by honourable gentlemen. But in order to punish these
speculators, and in order that the Government should not run any
risk of unsettling the Border Customs treaty, his honourable
colleague the Treasurer would inform the committee that he would
not submit the increased duty on tobacco.
Mr. Robertson : Caved in.
Mr. Parkes : He heard the shrill musical voice of the honour-
able gentleman across the table, who was always so exultant when
the Ministry was making progress ; and he was delighted that
the honourable gentleman was so pleased with the course proposed
to be taken by the Government. They were influenced in the
step they were now taking by these considerations : — that as a
portion of the revenue had been anticipated, they would lose that
proportion of the increased duty, and the Government thought
it was better for them to take the course they now proposed than
to give persons who had anticipated the increased duty their
hoped-for advantage. And they were influenced from this other
consideration, that if even they succeeded in carrying their pro-
posal (and they knew that there was a chance of their not suc-
ceeding) they would have, according to their present view, to call
into operation that provision of the Border treaty which would
remove tobacco from its operation ; and they confessed that they
did shrink from creating that difficulty. They confessed that,
having restored feelings of contentment and satisfaction upon the
Border, they would not like to be the first to tamper with the
arrangement that had been made. They did not think, if they
got the amount of revenue they calculated upon from the increased
duty, that it would compensate them for any mischief that might
arise from altering the Customs treaty. He had stated the reasons
which induced the Government to propose the increased duty, and
The Policy of Protection. 403
the considerations which now induced them to take the present
course.
They had substantially done what the public required of them.
From their expressions of opinion and from the indications of
their course of policy, it was fairly and properly expected that the
Government should lose no time in repealing the ad valorem
duties. They had in their proposals now before the committee
done that, and they had gone further in the same direction — as far
as prudence justified them in going. They had not yet carried
their proposals into law ; but he believed they had done what was
in accordance with the wish of that House and the wish of the
country, and was, therefore, certain to become law. Their tariff,
which would reduce the taxation of the country, would be more
clear, more simple, and more in the direction of a definite and
sound policy than any that had existed for many years in the
country.
2b2
THE CASE OF THE PRISONER
GARDINER.
THE PKEROGATIVE OF PAKDON.
[A NOTORIOUS prisoner, known as Frank Gardiner, was condi-
tionally pardoned by the Governor of New South Wales in 1874.
This case was seized upon by the Parliamentary Opposition, and
agitated by every kind of misrepresentation, in which the
Governor himself was not spared, until it led to a change of
Ministry. The principal circumstances of this case which may be
considered of permanent interest, as showing the means resorted
to for political ends in the colony, are explained in a memorandum
by Mr. Parkes, published as an appendix. The first substantial
motion made in the Legislative Assembly on the subject was
submitted by Mr. Edward Combes on the 3rd of June, on which
occasion the following speech was delivered : — ]
SPEECH
Delivered in the Legislative Assembly, June 3rd, 1874.
Mr. Parkes said : The honourable member for Bathurst had made
a speech which he took the liberty of saying was in tone hardly
befitting the large subject the honourable member had taken in
hand. He scarcely thought it was becoming, on an occasion like
that, to present to the House sensational pictures of some parti-
cular phase of crime. Crime in all its phases was repulsive, and
a thing of which we might draw the most vivid and deterrent
pictures j but the question with which we now had to deal was one
that ought to be approached in a calm, patient, and thoughtful
manner. The honourable member had given himself a very wide
range, and had brought under review the whole question of prison
management, and the system of carrying out the sentences of the
courts of law. The honourable member had said some things
The Case of the Prisoner Gardiner. 405
which he thought would have been better left unsaid. He did not
think that the honourable member had any fair ground for accusing
him of disingenuousness in these proceedings. He thought that
honourable members on both sides of the House must admit that
he had offered every information in his power.
Mr. FoRSTER : Oh, oh.
Mr. Parkes : The honourable member was a single exception.
Mr. J. Robertson : Oh, oh.
Mr. Parkes : Then there were two honourable members, both
of whom had a special interest in any question which might be
supposed to embarrass the present Government, and who, unlike
leaders of opposite sides in the House of Commons, eagerly took
advantage of any occasion which would bring about what they
most desired. He was disposed to deal with this question without
saying a single word to which any one could take exception, if he
was allowed to proceed without interruption. The honourable
member told them that it was his fixed determination to do all he
could to prevent what he called a '^ great wrong." He need not
have told them that, for although he had manifested no great
determination on any other question, he had certainly given evi-
dence of a determination to do something now. The honour,
able member told them that they might suppose they were still
living under prerogative government. Well, so far as this ques-
tion — the exercise of the Royal prerogative of pardon— was
concerned, he would simply say that, whatever form of govern-
ment they lived under, that power hitherto in this colony
had been exercised independently of the Minister. He was
prepared to prove this part of his case by the evidence of succes-
sive Governors, and, what was of more importance, from the
action of different Ministers. The honourable member quoted
from Broom's Commentaries, and said that in Sir Erskine May's
book they were told that the House of Commons had the right to
advise the Crown, and that Mr. Canning described the House of
Commons as a council of control, and that Mr. Pitt, so far back
as nearly a hundred years ago, spoke of the House of Commons
as having a Constitutional right of inquiry. The honourable
member quoted from a number of similar authorities to the same
effect. Not a single person had denied these powers of the House
of Commons, or similar powers on the part of the Legislative
Assembly. Then the honourable gentleman said that it was
4o6 Speeches.
admitted that the House had a right to advise and control the
exercise of the Koyal prerogative, and he quoted again from a
number of text books, and from the utterances of distinguished
men who had given general opinions on questions of Constitu-
tional principle ; but he had failed to produce one solitary instance
where the House of Commons had attempted to control the
exercise of the Royal prerogative in the manner now attempted
here. One solitary case would be more to the purpose than
fifty authorities in these general terms on matters of abstract
principle. They knew that the House of Commons had power to
do anything. It was shown that it once had power to behead a
king. But in the practical business of governing England the
Imperial Parliament had learned to impose upon itself wise and
accepted restraints, which were now a part of Constitutional
practice ; and it would be much more to the purpose to show them
where it had ever endeavoured to control the Royal prerogative of
mercy. It certainly had interfered by asking questions, but
scarcely ever to the extent of calling for papers ; and in most
cases it had interfered in the cause of mercy, when it was
thought that the prerogative had been or was in danger
of being precipitately or harshly exercised. The honourable
member spoke of Lord Brougham's resolutions ; but he could
not understand any application that the carrying of those
resolutions could have to the present case. The Assembly carried
a resolution the other night which was directly in the teeth of the
Constitution Act. But would that override the provisions of the
Constitution % It was one thing to carry a resolution expressing
opinions as to how things should be done, and it was quite another
to control the doing of these things, especially in the exercise of
the Royal prerogative. The honourable member occupied some little
time in telling them what were the powers of the Secretary of State.
No one doubted the powers of the Secretary of State, nor did the
honourable gentleman's observations in that regard touch the
question they had to deal with in any of its branches. Then the
honourable member alluded to what he called the direct instructions
to the Governor by Lord Kimberley's circular dispatch, and, as
far as he could judge — and he said it with great deference — the
honourable member entirely misunderstood the drift of that dis-
patch. In the first place, he ought to have been aware that the
whole of these dispatches together formed correspondence which,
The Case of the Prisoner Garduier. 407
instead of proving that the practice of England existed here,
as the honourable member put it, incontestable proved that the
matter was in a state of doubt, and required instructions. The
dispatch of Lord Belmore in 1869 was written for no other
purpose than to obtain instructions. It was written for no
other reason than because things here were in a state of doubt,
and that neither the Governor nor his Minister knew exactly
how to act. The very dispatch which originated this corre-
spondence proved that the matter was in an unsettled and
unsatisfactory state. The effect of these dispatches was not to
leave the question in the state in which the honourable gentle-
man appeared to think it always ought to have been left, but to
remove it from the ordinary category of the business transactions
of the Government. There was no other possible reading of these
dispatches than that the Governor was in a marked and special
manner to exercise his own power and to act upon his own judg-
ment in his intercourse with his Ministers on this subject, and to
regard the advice he was instructed to seek from them in a special
and an exceptional sense. And, moreover, there was certainly no
reason to suppose that the Governor was instructed to ask advice
of his Ministers, except when he thought of granting a pardon.
The honourable member had failed to read the dispatches,
or if he had read, them he had failed to understand them.
Then the honourable member complained in detail of the answers
given by the Government to his questions. He did not see how
the answers he gave to the honourable gentleman were justly open
to complaint. He answered him as fully and as explicitly as it was
possible for him to do ; but the honourable member took special
exception to his saying in answer to his fifth question, " The date
for the case to be re-submitted to His Excellency is the 8th July."
That was strictly the case. His Excellency's decision was that
the case might be submitted at the end of ten years, and the
Colonial Secretary's office was so guarded and scrupulous in
communicating this decision of His Excellency that it was given
in precisely the same terms in the communication made to the
gaol authorities, and the only communication therefore made to
this prisoner was this : — " I am directed by the Colonial Secretary
to state, for your information and guidance, that His Excellency
the Governor has been pleased to approve of your bringing the
prisoner's case forward for consideration when he shall have
4o8 Speeches.
served ten years of his sentence." That was precisely the decision
arrived at by His Excellency. It was very true that His
Excellency, on some subsequent petition, appeared to have written
a minute which was never acted upon, because the office had acted
upon the decision when it was first given. Under some impression
apparently that he had done more than he really had done, his
Excellency wrote the following minute : — " I have already
decided to grant a conditional pardon at the termination of ten
years' imprisonment. — H.R., 7/12/72." But the communication
to the gaol authorities in the ordinary course of business was
by the letter he had already read, which adopted the precise
language of His Excellency's first minute. The honourable gentle-
man stated, also, that he firmly believed that pressure had been
used with His Excellency, and he supposed the honourable member
meant that the Ministry had in some way urged this decision.
Mr. Combes : No.
Mr. Parkes : He was very glad to hear the honourable member
say it was not so. That was all he had to say on the speech the
honourable member had made, and he now came to the case upon
which the House was asked to pronounce an opinion.
He desired to bring the minds of honourable gentlemen to as
undisturbed and calm an examination of the whole matter as was
possible. In the first place, what was it that had been done in
the cases of those prisoners who now formed the subject of the
honourable gentleman's motion 1 He made no complaint what-
ever of his moving a resolution other than the one of which
gave notice. He thought the honourable member did all that could
be expected, in giving notice that he intended to bring this subject
before the House. They must bear in mind that he was not now
raising the question whether it was right or whether it was wrong
— whether the House might deem it expedient or inexpedient,
wise or unwise, to grant these remissions of sentence — but he
maintained that what had been done was directly in accordance
with the prison policy of the British nation. There had been no
extreme act of mercy in these cases — there had been no extraor-
dinary release from punishment which was not in accord with the
principles and policy of the mother-country in the treatment
of prisoners ; and he thought, if he established that^ he should
establish a great deal in justification of the course taken by His
Excellency the Governor. And he should in the course of his
The Case of the Prisoner Gardiner. 409
observations show — and he thought he should show to the satis-
faction of every honourable member whose mind was open to con-
viction — that in this colony, up to the present time, the Governor
had exercised the prerogative of mercy as a rule without reference
to his Ministers. He did not mean that His Excellency had not
referred occasionally to Ministers for further information, or to the
Attorney-General for his view of the law ; but he should be able
to show that the prerogative of mercy had been exercised by the
Governor on his independent judgment, and that Ministers had not
practically interfered. He should be able to show that the release
of prisoners by the mitigation of punishment had been going on
under all Governors and under all Administrations.
In the year 1870, when the honourable member for West
Sydney was in office with Sir Charles Cowper, there were fifty
prisoners released in a shorter time than the regulations would
admit. One was Yane, the bushranger, who, under a sentence of
fifteen years, was released in five years. In the year ending on the
30th April, 1872 — the year when the honourable gentleman was in
office with Sir James Martin — fifty-two prisoners were released in
the same manner. It would thus be seen that what had been done
in this case was in accord with the practice prevailing here, and
that prisoners had been continually released before the expiration
of the terms of their sentences under all Administrations.
The petition in Gardiner's case must have been got up two and
a-half years ago, because it was two and a-half years ago at the
very least since he saw that petition when it was brought to him
for signature. This petition was written on uniform sheets of
paper, which was not always the case with documents of this kind.
The petition itself was from the two sisters of the prisoner Gardiner
— Mrs. Griffiths and Mrs. Cale — and all the other sheets attached
to it had this heading — there was no signature signed to any
one of the sheets which had not this heading : —
** We, the undersigned, beg most respectfully to recommend the foregoing
petition to your Excellency's merciful consideration, and more especially
from the desire to reform evidenced by the prisoner before capture, and his
conduct since his incarceration, and trust that your Excellency may be
pleased, under all the circumstances of the case, to deem the period of the
sentence already expired sufficient for the ends of justice.''^
That was pretty clear. It would not be denied that the persons
who signed their names to those words were of opinion that the
prisoner Gardiner ought to be released at the end of seven and
4 TO Speeches.
a-half years. That could not be explained away. Every signature
was written upon sheets which had this heading. If the honourable
member for Bathurst (Mr. Combes) or the honourable member
for West Macquarie (Mr. Webb) had been asked to sign a petition
of this character, and they had thought it their duty to state any
facts they were aware of in the prisoner's favour, while at the
same time they could not agree with the recommendation of the
petition, they would have taken care to say that they could not
join in the recommendation. He was sure that those honourable
members would admit that if they had known some favourable
facts which they thought they ought to state, though they could
not join in the petition, they would have guarded themselves
from being supposed to concur in this heading. They would have
done what he had often seen done in similar petitions — they would
have taken objection to the recommendation, and then stated
what they wished to state. Mr. Forster's name was written to his
minute on one of these sheets, and it was written without any
exception to the recommendation of the petition which preceded
it. That was the fact — he did not wish to place any forced
construction upon it. Was not the minute itself equally as strong
as the preceding recommendation 1 There were only two signa-
tures to the original heading recommending the instant release of
the prisoner Gardiner, and the third signature was that of the
honourable member (Mr. Forster), preceded by his own minute,
which he looked upon as an additional recommendation, Mr.
Forster's memorandum was in these words : —
" Having been referred to in a petition for the mitigation of the sentence
of Francis Christie* as holding the office of Colonial Secretary when an
outbreak occurred in Darlinghurst G-aol, I have much pleasure in testifying
to the fact of Christie's good conduct on that occasion, as well as to his
general conduct during the entire period of his incarceration, so far as it
came under my notice in either ease. I am glad to record this opinion, so
that it may operate as it ought in the prisoner's favour. And so far as
these and other circumstances mentioned in the petition entitle his case to
the favourable consideration of the Grovernment, I am willing to add my
testimony and recommendation.
" December 29th, 1871. " William Forster."
The petition was for the prisoner's instant release. What was
meant by an ex-Premier writing that he states certain facts with
a view that they may operate in the prisoner's favour, without
*The prisoner Gardiner's alias waa Francis Christie.
The Case of the Prisoner Gardiner. 411
any qualifying words in reference to the prayer of the petition —
without saying a single word that he did not agree with the
recommendation 1 "So far as these and other circumstances
mentioned in the petition entitle his case to the favourable
consideration of the Government, I am willing to add my testi-
mony and recommendation." If you " added" a written " recom-
mendation" in such a case, was it not added to the recommenda-
tion of the petition? That was the meaning he put upon it, and
the meaning that he thought would be put upon it by the
country. There was a gentleman of wealth and education, who
had held the office of Solicitor-General, who signed this recom-
mendation that " We trust your Excellency may be pleased,
under all the circumstances of the case, to deem the period of the
sentence already expired sufficient for the ends of justice." That
was when the prisoner had served seven and a-half years. This
petition was signed by a number of persons of undoubted reputa-
tion ; by several members of Parliament ; by a gentleman who
had filled the position of Solicitor-General of the colony, and had
therefore been answerable for the due administration of criminal
justice. It was signed by another gentleman who had been twice
Colonial Secretary and once Premier. Was it not likely, then,
that this petition would receive every consideration at the hands
of His Excellency 1 And was it not intended to be viewed with
consideration 1 Did any one put his name to that paper without
intending that the weight of his name, and of his standing in the
country, should attach to the recommendation 1 He did not think
that any one who signed that petition could be justified in any
way trying to explain away the fact. To his mind it had always
appeared that men ought to pause before giving the weight of
their names and of the position they occupy to a document of
this kind. And, although he was neither in office nor in Parlia-
ment at the time, and because he had filled the office of Colonial
Secretary, he refused to attach the weight of the office he had been
permitted to hold to the recommendation of this petition when it
was brought to him.
Some observations had been made upon a minute that he had
thought it his duty to write on sending these papers to His
Excellency the Governor. That minute simply pointed out the
names and the standing of the most conspicuous persons who had
signed the petition. It seemed to him that he was bound in
412 Speeches.
justice to the prisoner to point out to the Governor, who was then
a stranger in the country, the positions which those gentlemen
occupied — that it was his duty to point out any circumstances he
knew which appeared to be in the prisoner's favour, at the same
time stating the crime he had committed, the reputation he held,
and all the circumstances of the case as well as he knew them.
He had before described in a speech he had occasion to make on a
previous evening that he did make it his business to see the
Govei'nor in reference to this case, and enter into a conversation
with him, not for the purpose of giving advice but to place His
Excellency in possession of all the information he could affecting
this case. He told His Excellency that this man was the most
remarkable prisoner in the history of this country, and was
reputed to have been the ringleader of a series of gangs of bush-
rangers which infested the country some years ago, and that he was
reputed to be the organiser and leader of the band of men who robbed
the gold escort in the year 1862. He explained to His Excellency
that this man had been tried for offences of a very heinous character?
and had received the sentences which the papers showed. He
explained at the same time that the prisoner appeared to be con-
nected with a family of good character as far as he could learn.
He explained that there was a number of persons of standing and
high reputation who appeared to take an interest in this case ; and
he also explained that the prisoner's conduct had been uniformly good
since he had been in gaol. That was the substance of his conver-
sation with His Excellency. He explained all he knew on both
sides, and he conceived that it was his duty so to do. It was only
right for him to say that since these discussions had taken place
His Excellency had told him that he was under the impression
that he was not unfavourable to a merciful consideration of this
case. But it was right also to say that His Excellency admitted,
in the most direct terms, that he never offered any advice, and
that His Excellency never asked any advice from him,' in reference
to this matter. His Excellency might have formed such an
impression as he had alluded to, for they often found that, after
explaining a matter in the simplest manner possible to their own
minds, an impression was left upon other minds which very much
surprised them. All he could say was that what he wished to do,
and what he thought he did, was to explain both sides of this case
—to give the gaol history of the prisoner, the nature of his crime,
The Case of the Prisoner Gardiner. 413
and the sentences he had received ; and, on the other side, his good
conduct in prison, the real character and standing of the persons
who seemed to be in his favour, some of whom had undoubtedly-
signed this petition for his release at the end of seven and a-half
years, and the character, as far as he knew, of his relatives, who
had petitioned for his release.
With regard to the prisoner Gardiner, he felt it necessary to say-
that he, perhaps, of all men in this country- occupying a similar
public position, knew least of him. When the gold escort robbery
took place he was 13,000 miles away. It took place in June,
1862; and he did not leave England on his return to the colony
until the October following. He did not arrive in Sydney until
the end of January, 1863. He then remained in private life for a
considerable time, paying little attention to public affairs. He
believed that he never read the report of the trials of the escort
robbers. To account for that, he might explain that as a rule he
never read the reports of trials of this character. But there were
other reasons. He was immersed in transactions of his own, which
occupied his attention entirely for a considerable time after his
arrival, and he paid little attention to the case of Gardiner. He
well remembered feeling surprise on returning from England that
this man, whose name he had never heard of prior to his leaving
the colony, had become a kind of criminal hero. Well^ things
went on, and he never thought of Gardiner until he took office in
1866, because he had no occasion to think of him. While on his
first visit to Darlinghurst Gaol, Mr. .Read, the principal gaoler,
pointed out a prisoner to him, and told him that that was Frank
Gardiner. He looked at the prisoner, but from that day, though
he had visited the gaol probably forty times, he had never
exchanged a single word with him, and for this reason — that he had
imposed upon himself as a rule of his life, never while Colonial
Secretary to enter into conversation with prisoners, even though he
had known them before their imprisonment. It appeared to him that
this was a right rule ; but he found that this rule was not observed
by others. The late Chief Justice who tried this case, on visiting
the prison entered into a long conversation with him. He
found that others, including members of Parliament, often did
the same thing. He had felt it right to offer this explanation to
the House. It was only recently that he had given himself the
trouble to go beyond the gaol authorities to try and get informa-
414 Speeches.
tion respecting this prisoner. As far as he could understand, there
did not appear to be legal evidence that he was engaged in the
escort robbery. The Attorney- General of the time (Sir James
Martin) declined to put him on his trial because, as he said in a
minute, the evidence was insufficient. The evidence against
Gardiner appeared to have been that of the approver Charters,
uncorroborated by a single circumstance except that the sergeant
of police thought he could swear to Gardiner's voice. The honour-
able member for Illawarra (Mr. Forster) must know a great deal
more about this case than he did, because the honourable gentle-
man was Colonial Secretary in 1859, when the prisoner was
released after five years' imprisonment, from two cumulative
sentences of seven years each.
Mr. Forster : That was his first ofltence.
Mr. Parkes : He admitted that Gardiner had not then acquired
his criminal notoriety, and that the honourable gentleman's
attention might not have been specially called to the case. Never-
theless, it was a remarkable release of a prisoner convicted of two
offences of enormity, for which he received two cumulative
sentences of seven years each, to be let out of gaol after five
years' imprisonment. From a report of proceedings in the
Assembly some years ago, to which he had occasion to refer
that day, he noticed that the honourable member (Mr. Forster)
said, in reference to this question of pardoning, that no act of
the kind was done when he was in office without his advice and
consent. If that was so, he must have advised and consented to
the liberation of Gardiner in 1859, though the papers did not say
so much. The honourable gentleman probably acted in the same way
as every one else had done. The honourable gentleman was Colonial
Secretary again, some four years afterwards, when the Govern-
ment refused to put Gardiner upon his trial for the escort robbery,
and the honourable gentleman was also Colonial Secretary for some
considerable time after Gardiner's imprisonment commenced. Now,
recently it had come to the knowledge of the Government that
there was reason to suppose, though it did not appear to be proved,
that this prisoner was identical with a person who, in 1850, com-
mitted a robbery in Geelong, Port Phillip at that time being a
part of this colony, for which he was convicted and sentenced to
seven years' imprisonment, subsequently escaping from Pentridge.
This was unknown to the Government, and unknown to the
The Case of the Prisoner Gardiner. 415
Comptroller of Prisons, until about eight or nine days ago. This
knowledge appeared to have been in the possession of the police
for some time past, but honourable gentlemen who knew anything
about police operations knew that it was one principle of effective
police action to keep anything secret unless there was some necessity
for making it known. This was necessary for the promotion of
efficiency in the Police Department, and it was necessary also
that prisoners, when they were let out of gaol, might have an
opportunity of getting an honest livelihood. This explanation was
due to the police. He found that when the honourable member was
in office, and immediately after Gardiner's conviction, Mr. John
Thomas Smith, then Mayor of Melbourne, applied to him for
permission to see the prisoner, to ascertain whether he could
identify him as the person who had been confined in Pentridge,
and escaped. The honourable gentleman granted the following
order to Mr. Smith : —
*' To the Gaoler, Darlinghursfc.
" Dear Sir — Mr. J. T. Smith, Mayor of Melbourne, is desirous of seeing
the prisoner Gardiner, with the view of ascertaining his possible identity
with a person of his description some time ago confined in Pentridge
Stockade, Victoria. You will, therefore, be good enough to afiEord Mr.
Smith such facilities as may be consistent with your convenience and duty.
" I am, &c.,
" William Forster."
He could easily understand that the honourable gentleman might
not have attached much importance to this at the time, and that he
might never have had a conversation with Mr. Smith after his
visit to the gaol. And what he should like to know — and if time
had permitted he should have communicated with Mr. Smith on
the subject — was whether Mr. Smith, after this visit to the
prisoner, in 1864, informed the honourable member for lUawarra
that Gardiner was the same person who had escaped from Pent-
ridge '?
Mr. Forster : Tt will be upon record in the office.
Mr. Parkes : It is not on record.
Mr. Forster : Surely the result is known in the gaol.
Mr. Parkes : It was very improbable that the result would
be known there. Mr. Smith would not be likely to tell the gaoler
that Gardiner was the man who had broken out of Pentridge.
He would be more likely to go back to the Colonial Secretary
and tell him.
41 6 Speeches.
Mr. FoRSTER : He certainly bold me nothing that T recollect.
Mr. Parkes : He should consider it his duty to communicate
with Mr. Smith, to see what was the result of this interview.
The case of Gardiner came before His Excellency the Grovernor in
the way he had explained. His Excellency decided, not that the
prisoner should be liberated at the end of seven and a-half years,
but that, if the prisoner's conduct continued good for ten years,
the case might then be brought before His Excellency again. That
was the decision arrived at upon the case submitted.
This decision had been spoken of as if it was an unconditional
release — a release under some extraordinary circumstances. The
punishment actually carried out by this decision was an imprison-
ment of ten years, in the face of uniformly good conduct, accom-
panied by banishment for twenty-two years afterwards. Now, he
ventured to say that that was a severer punishment than any
sentence short of death in the former days of darkness in England,
when sentences of transportation were inflicted upon persons found
guilty of crimes of equal magnitude. The punishment of persons
in England in the last century, and in the early years of this, was
transportation for life for offences of equal magnitude ; but that
was nothing to be compared to the punishment of ten years' close
imprisonment, with twenty-two years' banishment afterwards.
And he learned, on the highest authority that could be obtained,
that, a few years ago, there was not a single prisoner out of all the
many thousands in the gaols of England who had been in close
detention ten years. To show that he was not making this state-
ment recklessly, he would produce his authority. That authority
was Sir Walter Crofton, an Imperial officer, who stood second to
none in his knowledge of prison management and penal discipline,
and as a witness of experience on a subject of this kind. And
how was that evidence given ? It was given before a Royal Com-
mission, with the Duke of Richmond at its head, and comprising
Mr. Gathorne Hardy, Sir John Taylor Coleridge, Dr. Lushington,
Mr. Bright, Mr. George Ward Hunt, and other gentlemen of
equal standing and eminence. Sir Walter Crofton, in giving his
evidence, in answer to the chairman, the Duke of Richmond,
said : —
"The convict system in this country, and in Ireland, was devised without
any regard whatever to the possibility of keeping men for their lives, or for
any very long period, in confinement, in England particularly ; they were
The Case of the Prisoner Gardiner. 417
always sent to the colonies after certain periods of detention, and I do not
believe that at this moment you have men who have been ten years under
detention in the convict establishments of this country. In Ireland we have
had them for periods ranging from ten to fifteen years under our notice. I
have known men, and have particularly observed them, who have been
fourteen and fifteen years under imprisonment. I obtained within the last
few days from Captain Whitty, who is now at the head of the convict
establishment in Ireland, a return of the number of men who are at present
under detention in the Irish convict prisons, and have been so for a period
exceeding ten years. . . . There are now in the Irish convict prisons
70 male convicts under life sentences and 9 female convicts. Exceeding 10
years under detention there are 28 males and 7 females ; exceeding 12 years
there are 18 males and 1 female ; exceeding 13 years there are 13 males
and 1 female ; exceeding 14 years there are 3 males and 1 female ; exceeding
15 years there are 2 males. There is one man, I understand, who has been
15 years and 8 months."
That was the only instance in Ireland of a man having been more
than fifteen years in confinement. On the cessation of transporta-
tion a statute was passed to punish criminals within the United
Kingdom, and the highest sentences that could be imposed under
that statute, in lieu of the old sentences of fifteen years or any
longer period of transportation, was imprisonment for not less than
six years nor more than ten. What was it that the prison
reformers, from Howard down to our own day, had been con-
tending for? and the rank of prison reformers of the present
century had included men of the highest and purest character, the
most profound learning, and the most distinguished position.
What had been their object 1 Their object had been to ensure the
punishment of offenders being carried out in accordance with the
dictates of humanity — that, for example, the health of the
prisoners should not suffer from unhealthy conditions of prison
life. Whilst the law was considerate in protecting society, it was
held to be the duty of the State, in the highest interests of society,
to hold out hope of redemption to every prisoner who came under
the sentence of the law. Statesmen, philanthropists, jurists, and
all who had given the subject practical consideration, had unani-
mously held the opinion that hope should be held out to every
prisoner. And so much was that practice recognised in other
countries, that in Belgium, where capital punishment had been
abolished, and where imprisonment for life had taken the place of
capital punishment for such crimes as murder, imprisonment for
life was frequently reduced to imprisonment for twelve years. That
was the evidence given before the Royal Commission. Well, on the
2c
41 B Speeches.
testimony of the authorities he had quoted, it was clear that the
spirit of revenge had passed away from the laws of civilised countries;
such a spirit as he had seen in these discussions had no part in the
consideration of these questions by enlightened men. Society had no
interest in immuring men in prison for their lives. Better by far
put them to death than imprison them indiscriminately for life.
The opinions of persons who had thought upon the subject were
unanimous in this view — that offenders against the laws of the
country in which they lived ought to be divided into two distinct
classes. He did not know any person whose opinion was entitled
to weight who dissented from that view — that offenders ought to
be divided into two separate classes, habitual offenders and casual
or accidental offenders.
There was a class of persons in the mother-country — he hoped
there were none answering to the same class here — who were born
to habits of thieving, trained to it as regularly as children in
purer circumstances were trained to habits of industry. They
lived by depredations upon property throughout their lives, and
died thieves. Undoubtedly there was a large class of such
persons in the mother-country ; and honourable gentlemen would
be astonished to hear, upon the authority of Mr. W. R. Greg, that
no less than 100,000 prisoners were released unconditionally in
England every year. In addition to those releases, there were not
fewer than 2000 released under tickets-of-leave every year, whose
crimes ranged up to those of the highest enormity. The police
took cognisance of their proceedings, but did not inform people
who they were, in order that the liberated persons might have a
chance of self-redemption. He had alluded to the enormous
criminal class in England in order to draw a comparison highly
favourable to this country. Mr. Matthew Davenport Hill, a very
high authority, stated that amongst the habitual criminals detec-
tion was so seldom that it was supposed that not more than one
conviction took place in some 60 depredations. Mr. Hill gave the
police returns on the proportion of convictions for forging Bank of
England notes, and, according to that return, during a period of
32 years the convictions for forging Bank of England notes had
been only as one to 164 cases of forged notes presented to the bank
for payment. But what he desired to call attention to was that
in this country there was good reason to suppose that compara-
tively few offences took place where detection did not follow, and
The Case of the Prisoner Gardiner. 419
that arose not from the superiority of the police force — which, how-
ever, was quite equal to that of England — but from the circumstances
of the country rendering detection much more easy than it was in
a dense population of 30,000,000.
He now came to the list of the 24 cases which had attracted
so much attention. The great majority of the men in that list
answer strictly to the category of criminals who were other than
liabitual criminals. It could not be doubted that the greater
number of those young men, natives of the country, had, until
they were inveigled into the crime of bushranging, lived indus-
trious and reputable lives. He was somewhat amused at the
honourable and learned member for the Western Gold-fields (Mr.
Buchanan), who was continually interrupting him, and by his
interruptions expressing his opposition to the statements he was
making. The honourable and learned gentleman, nine years ago —
a few months after the conviction of two of the men in this list —
moved a resolution in favour of the release of those two men at
that time. The honourable and learned member, on the 7th
March, 1865, moved the following resolution : —
"That an address be presented to the G-overnor, praying that His Excel-
lency will be pleased to cause the instant release of the prisoners Bow and
Fordyce, found guilty of robbing the gold escort from Forbes, and sentenced
to death, but reprieved by His Excellency, against the advice of his Ministers,
on the ground that it was contrary to the practice of the English tribunals
to accept the unsupported testimony of an approver, and stating that the
release of those prisoners is also desired in consideration of the irregular
and improper, if not illegal, nature of their trial and conviction."
He now came to what had been done in regard to the proposed
release of these persons ; and then he should proceed to show
what had been the course taken in this country in the exercise of
the prerogative of mercy under other Governments. The cases of
these persons had been considered mainly on the ground that for
the most part the offenders belonged to an exceptional class. It
was beyond doubt that in most cases these young men had never
come under the observation of the police, or been known to offend
against the law, before they had taken to bushranging. And what
had been done 1 With respect to the proposed release of these
twenty-four men, the remissions of sentence by the express exercise
of the prerogative of pardon did not, in the majority of the cases,
greatly abridge the period of sentence below what might have been
obtained under the legal regulations. The difference was this : by
2 c 2
420 Speeches.
the gaol regulations, a man who was sentenced to ten yeai-s was
entitled to his release at the end of eight years ; but under the
exercise of the prerogative in this instance, he was released at the
end of seven years and six months, or only six months short of
the legal term. The man who was sentenced to fifteen years' penal
servitude would be entitled by the regulations to be released at
the end of eleven years and three months ; by the exercise of the
prerogative he was released at the end of eight years and nine
months. A man who received a sentence of 30 years could claim
his release with good conduct at the end of 22 years and 6
months ; but under the special mode of treatment these men had
received he would be able to claim it at the end of 17 years and 6
months. Of the 24 men whom it was proposed to release 10 only
would be liberated in the colony, leaving 14 to be exiled ; and
this exile meant not merely banishment from the colony, but
banishment from all the Australian colonies and from New
Zealand, whilst if they returned they were liable to be arrested
and made to serve out the remainder of their sentences. On
inquiry he had found that there was scarcely a case known of an
exile returning to the colony. Now let them see what had been
done by other Governors before the arrival of Sir Hercules Robinson.
In the year commencing June 20th, 1864, and ending June
20th, 1865, there were 80 persons released in the same manner.
Within one year no less than 190 applications for remission were
submitted, of which 110 were refused and 80 were granted. In
the year 1870, in Mr. Cowper's last Administration, no less than
44 prisoners were released unconditionally, and 5 exiled, making
altogether 49 ; and amongst these was Yane, the bushranger, who
had been sentenced to 15 years' imprisonment, and was released
at the end of 5 years. In the years 1871-2, 49 prisoners received
unconditional pardons, and 3 were exiled, making a total of 52 ;
and this system of release had been going on year by year
unmarked by the House until the present moment. He was
speaking now solely of persons in whose favour the prerogative
of mercy had been exercised. In the year 1862 Mr. Cowper,
who had held office as Colonial Secretary longer than any other
person in the colony, and whose great administrative ability was
universally acknowledged, had a letter read to the prisoners at
Cockatoo, Darlinghurst, and Parramatta, pointing out to them
that the door of hope was not shut against them; but by good
The Case of the Prisoner Gardiner. 421
conduct they might open it at any time tlirough the exercise by
His Excellency of the prerogative of mercy. He should himself
have objected to the adoption of so unusual a course as this — of
having a letter written specially to be read to the prisoners,
making the official announcement that the prerogative of mercy
was open to them. On one occasion Mr. Cowper — at a time
when the honourable member for Sydney West (Mr. E-obertson) was
his colleague — actually released 9 persons in order to celebrate
the Prince of Wales' birthday. On another occasion he released
29 prisoners, or rather the Minister submitted their cases
for the consideration of His Excellency, who assented to their
release. [An Honourable Member — " What were their crimes T] It
had been asked what were their offences 1 One of them was a sen-
tence of fifteen years for rape. He did not know what importance
honourable members attached to it, but he knew that most persons
regarded it as a serious crime ; and yet this man who was convicted
in 1862 and was sentenced to fifteen years, was one of the prisoners
released in 1870 by the Ministry of which Mr. Robertson was a
member — thus serving eight years instead of fifteen years, through
the exercise of the prerogative of mercy. Another of the men was
sentenced to ten years for robbery under arms, and was released at
the end of five years, being relatively a much shorter term of
imprisonment than any of the prisoners in this list had undergone.
These were two of the cases, and there was a long list of similar
cases.
The honourable member who made this motion had contended that
Ministers in this country occupied the same position as the Home
Secretary in England ; and this assertion had been cheered by the
honourable member for Sydney West (Mr. Robertson), but that
honourable gentleman when in office had never occupied any such
position, as the honourable gentleman very well knew. The question
was not whether it ought to be so, bub whether it really had been so.
He was prepared to show conclusively that no Minister had been
clothed with similar authority in this colony. In the dispatches
on the table they had the statement of Sir Alfred Stephen, who,
having been Chief Justice during the term of office of every
succeeding Administration, ought to be in a position to know the
practice that had prevailed. They had also the statement of Sir
Hercules Robinson, who had now been two years in the colony,
and who had had every opportunity of consulting persons of
422 Speeches.
authority on the matter. On this testimony the state of things in
this colony was that the Colonial Secretary had been solely the
instrument of placing before the Governor all the facts of the
several cases, and that His Excellency exercised the prerogative of
mercy without advice. He had himself filled the office of Colonial
Secretary close upon five years, and he could say that such had
been the course of practice during the whole time he had held
office. He had adopted that course because he had always under-
stood that it was that which had been adopted by his predecessors
in office ; and he could readily understand how in a country like
ours, which was a dependent country in its relation to the
British Empire, there must necessarily be defects in our Parlia-
mentary government. We had no treaty rights, there were very
many things we had not the power of doing, and it was not in
the nature of things that we should have complete independent
powers so long as we remained the mere colony of a nation.
That being so he was content to leave this sacred power of the
exercise of the prerogative of mercy — the power of abridging
sentences which had been arrived at upon sworn testimony in the
courts of law — entirely with the representative of the Crown ; and
as far as his opinion went he believed it would be best so to leave
it. As a member of this community who had taken an active
part in public aflfairs — as one who was more anxious for the
character and permanent good of the country than for any other
thing in life — he declared that in his opinion this power of pardon
would be more safely and more beneficially exercised by the
Governor than by any one else. That was his individual opinion,
and he would come to the constitutional part of the question just
now. He need not go beyond what Sir Alfred Stephen and Sir
Hercules Robinson said to show that this hitherto had been the
practice. Sir Alfred Stephen, at the time he was writing, was the
Acting-Governor of the colony, and he said : —
" The Colonial Secretary, in whose department all correspondence on the
subject of crime, after conviction, is earned on, does not in the first
instance express any opinion on a petition for pardon or mitigation. He
may have done so in a few cases, but as a general rule he certainly does not.
The mode of dealing with the petition is determined, and in efEect all
references concerning it are directed by the Governor, a very considerable
portion of whose time is occupied (I may say in every week) in the investi-
gation of and deliberation upon such cases. Neither does the Governor, in
general, confer with any Minister on theul."
The Case of the Prisoner Gardiner. 423
Who was the persoa who gave this evidence 1 For over 30 years
he was the Chief Justice, and at the time he spoke he was the
Acting- Governor of the colony. If this learned gentleman did
not know what the custom was, who was to know ] Well, His
Excellency the present Governor said this : —
" Hitherto the practice here has been for all applications for mitigation
of sentences to be submitted to the Governor for his independent decision
thereon. Some are sent to him direct through the post by the petitioners,
others are presented personally by influential persons interested, whilst the
remainder reach him through the Colonial Secretary's office, without any
expression of opinion from the Minister. Taken altogether these applica-
tions are numerous. I have not kept any count of them, but I should
think that a weekly average of 12 would certainly be below the number.
All are carefully perused by the Governor. Some — in which the grounds
stated, even if proved, would be insufficient to justify remission — are sum-
marily rejected ; others, upon which inquiry may seem desirable, are
referred for the report of the sheriff and the sentencing official, and some-
times the opinion of the Crown law officer is asked for. Previous petitions
and papers in each case, if any, are carefully perused, and eventually the
Governor gives his decision according to his own independent judgment."
Honourable members opposite perhaps questioned the authority of
Sir Alfred Stephen ; perhaps they questioned the authority of the
Governor. But if so, let us see what Mr. Cowper said on the
subject — Mr. Cowper who was so long the chief of the honourable
gentleman who had cheered the very opposite doctrine. In the year
1865 — nine years ago, and when Mr. Cowper had passed through
his most powerful Administrations — he delivered his opinion
on this subject in his place in this House, no doubt amidst the
cheers of the honourable member for Camden (Mr. Garrett). A
motion was brought forward about the case of two men named
Levey and Shoveller by the honourable member for the Western
Gold-fields (Mr. Buchanan). It was seconded by the Honourable
John Bowie Wilson, who was no longer a member of this House,
but who had previously held office as Secretary for Lands. Mr.
Cowper in his speech on that occasion said that he was not sur-
prised at anything the honourable member for the Western Gold-
fields might say, but he was astonished that a motion like that
should be seconded by a gentleman who had held office as a
Minister of the Crown. Mr. Cowper on that occasion, as reported
in the Sydney Morning Herald, said : —
" He was not surprised at the motion from the quarter it emanated ; he
was surprised that a gentleman who had occupied the position of a Minister
of the Crown, and ought to know better, should have seconded the motion.
424 Speeches. ,
The honourable member must know that Ministers very rarely interfere with
matters of this kind ; and when the House is asked to pass a censure
against the Government for exercising the prerogative of mercy, it is more
particularly levelled against an individual who was not there to defend
himself. There were hundreds of prisoners whose petitions were received
by him, but he never looked at them, because he thought this was one of
those matters with which the political Ministers should interfere as little
as possible. These papers came before him every day, and he simply
initialled them and sent them on to the judge who tried the case, and then
they came before His Excellency, who decided the matter on his own respon-
sibility. He thought the charges that had been made so recklessly this
afternoon might have some foundation ; therefore he said that the honour-
able member (Mr. Wilson) knew well that these papers were seldom seen by
the Colonial Secretary, therefore the Act was one almost entirely in the pro-
vince of one individual. But he was not going to shelter himself with that
argument, because the House might say he was responsible, and that these
were matters which he ought to interfere with and ought to be held respon-
sible for. In this particular case, so far as he recollected, His Excellency
did ask his opinion, and he found that in February a petition for the remis-
sion of sentence was refused. He thought he understood the honourable
member to say it was refused by the Government who preceded him, and
whom he had so lauded ; but that was not the fact, because the petition was
dealt with soon after he came into office, and the letter written soon after
the death of Mr. Elyard proved this ; therefore it must have been his (Mr.
Cowper's) act, and not that of the honourable member for the Lachlan.
The honourable member wished to know why the petition was refused in
February and was granted in April. He understood the Jewish Rabbi had
been to His Excellency in this particular case, because, when the gentlemen
composing the deputation came to him, he assured them he had no power,
and they then went and saw His Excellency personally ; and he believed
the Jewish Rabbi was one of those who interested himself in this case. His
Excellency had, however, conversed with him on this case. And Mr.
Darvall, who was Attorney- General at that time, also stated his opinion ;
and the decision of His Excellency came after that discussion. But the
honourable member seemed to think this case was one of extraordinary
atrocity, and that no interest had been made sufficient to justify the Execu-
tive Government in the course they took. Here was a petition, signed by
250 persons — including a clergyman of the Church of England, the Church
of Rome, and other respectable persons — and this went to the judge, who
made his report, and it then went to His Excellency. He used no influence
with His Excellency, and never spoke to him on the subject until he asked
him. He took no interest in the matter. He had interfered on one or two
occasions, but he had made no impression. He did so in the case of Spicer,
although it was publicly stated that he did all he could to keep him in gaol.
He complained of Spicer being kept in gaol ; but His Excellency refused to
abate his sentence, and it was only after repeated remonstrances that he
pardoned Spicer ; and yet he had been accused of having kept him in gaol.
He thought that it was hardly fair that he should be accused of tyranny in
The Case of the Prisoner Gardiner. 425
one case and corruption in the other. He believed this discussion would be
most injurious, and that this interference with the prerogative was injurious.
It would not affect the individual aimed at, nor would it affect him. He
cared not whether the House passed this vote of censure or not, because he
had never taken any interest in the matter. It was possible that some
persons might have spoken to him about it, but he distinctly asserted that
His Excellency asked him about it after the petition was sent in February,
and that in April the Governor gave way and exercised the prerogative. In
the case of Shoveller a longer term of imprisonment elapsed. The petitions
were signed by respectable persons who had known the prisoners for some
time."
He had, he thought, shown that the system in this colony under
all Administrations had been for the Minister to inform the
Governor of all the facts of the case, and to leave the exercise of
the prerogative of mercy entirely to his independent judgment.
In some cases, as had been stated by His Excellency, and as he had
stated the other night, and as he stated now, the Minister might
point out new features or new facts ; and in some few cases — and
they were very few — the Governor might ask for the advice of his
Minister. The Minister never advised unless he were asked for
an opinion. He had proved on the authority of Sir Alfred
Stephen, of His Excellency the Governor, and of Mr. Cowper who
had held office as Prime Minister longer than any one else, that in
this country the prerogative of mercy had been withdrawn from
the range of ordinary Ministerial functions. The Minister had
supplied the facts, had obtained the reports, and submitted them ;
and if at any time he had been asked for his opinion, the Minister
gave that opinion ; but that in nearly all cases when an opinion
had been sought, it was that of the Attorney- General on some
point of law. He interfered very recently in one case in this list,
and that was the case of the boy Brookman, the circumstances of
which had been already explained to the House. The boy was
inveigled into a gang of bushrangers when he was only fourteen
years of age ; he was apprehended and tried for a capital oJBfence.
His conduct in gaol had been very exemplary. He was now
twenty years of age. On account of his mother, who was
undoubtedly a reputable woman, and who had pleaded very hard
that the boy should be released in the colony, he being her only
son, he had expressed the opinion to His Excellency that he
thought it would be better to release this young man in the colony
rather than that he should be exiled. He thought this youth
would be much more likely to commence a new course of life
426 Speech
es.
under the influence of his mother, his home, and his friends, than
he would be if he were thrown adrift upon the world. He simply-
expressed that opinion, and that was the extent of his interference.
In another case, where a man was imprisoned for cattle-stealing, a
number of new features had been brought before the Government
which made the case somewhat peculiar. One was that this person
had been informed that he would be tried at a given date, and
that in place of that he was tried several weeks earlier, and at
another place, where he could not obtain his witnesses nor engage
counsel for his defence. In that case the opinion of the late
Attorney-General was taken, and on that opinion His Excellency
released the prisoner. Except in cases of this kind, where some-
thing peculiar presented itself, no advice had been offered by any
Minister. All the papers he had looked at showed simply that
the cases were referred to the Governor without advice.
Now he came to the dispatches which had been laid before the
House. In July, 1869, a dispatch was written by Lord Belmore
to the Secretary of State for the Colonies, which showed that the
matter was in a state of so much perplexity and doubt that both
the Minister (Mr. John Robertson) and the Governor desired
explicit instructions. Lord Belmore desired to know what weight
the recommendation of the Colonial Secretary ought to have with
the Governor — whether, in fact, the latter was bound by his
instructions to act upon his own independent judgment or not.
He need not go through the replies of Earl Granville and Lord
Kimberley of a later date, or the dispatch which reached the colony
about twelve months ago from Lord Kimberley in answer to Sir
Alfred Stephen. It was sufiicient that these dispatches, to any one
who would patiently read them, showed that what was contem-
plated by the Secretary of State was that the Governor should
continue to decide these cases upon his independent judgment, but
that before pardoning he should consult his Ministers. But did
not that place the case entirely out of the ordinary range of
Ministerial advice ? The Minister was not to be called upon to
advise in the case unless the Governor proposed to pardon. What
position would the Minister be in in such a case as that 1 If he
dissented from the Governor's advice he would be placed in the
most objectionable light of objecting to mercy being extended.
What position would he occupy as a responsible Minister, called
in when the matter had been considered by some independent
authority that was not responsible to Parliament 1
The Case of the Prisoner Gardiner. 4^7
Mr. HosKiNS : The Governor is responsible.
Mr. Parkes : What, the Governor ?
Mr. HosKiNS : Yes.
Mr. Parkes : The honourable gentleman had to read u}) another
chapter upon constitutional law. The Governor was responsible
to his masters, and was not responsible to that House. The
Minister would go in to the consultation, when he would simply
be employed to confirm and support the decision of the Governor,
but he had no voice in the consideration of cases where a pardon
was refused in the first instance. He, for one, would not take
that position ; and all the Parliaments in the world would
not compel him to take it. There was one thing — he was
master of his own course of action ; and neither the fear of
Parliament nor the edict of the Secretary of State would induce
him to take the position of giving advice for which he would be
responsible without possessing any adequate authority in the
matter. The case, as raised by these dispatches, came before him
in this perplexed state ; and, on account of the pressure of parlia-
mentary business throughout this long session, he certainly would
have deferred it until the recess in order to give a more calm and
undisturbed consideration to the whole matter ; but under the
heat of these discussions he became very sensible of the awkward
part of the situation as affecting the Governor — a gentleman of
distinguished ability who had filled every position he had occupied
as a servant of the Crown with honour, and who as Governor of
this colony had, he believed, the liveliest sense of his obligations
as a constitutional Governor.
Here was this distinguished man, the Governor of the country,
exercising the Queen's prerogative in accordance with the prin-
ciples of the criminal treatment in the mother-country and other
parts of the empire ; and he had been ruthlessly attacked in that
House where he had no power of defending himself and could not
explain his conduct. He was recklessly attacked, and his
Ministers were comparatively helpless in keeping his name out of
these intemperate parliamentary conflicts. He had one way of
doing it by taking upon the Government the whole responsibility,
and he met the question so. He declined to accept this divided
responsibility, he declined to exercise this inferior kind of advice,
but he was willing to meet the thing fairly in the light of the
Constitution, and to be answerable for his decision in every case,
428 Speeches.
accepting as a consequence that if in any case their advice was
not accepted, Ministers would resign office. But the question had
never been in that position before. The Government had placed
it in that position now. The case in this country had been
exactly as he had described it, and until now a Ministry
had never stepped into the position of being directly respon-
sible to Parliament in cases of pardon as in all other cases.
Even now the difference between the Minister in this country and
the Home Secretary would be very material. The Home Secretary
virtually decided the question ; but here the Governor, as an
Imperial officer, would have to examine each case himself; and the
advice of the Minister might at any time be refused — the Governor
of course taking the consequences. This was not the case in
England. There was no instance of the advice of the Home
Secretary being refused. The Crown had practically delegated the
prerogative to the English Minister. The absolute power which
the Secretary of State exercised had been made a matter of com-
plaint by a number of eminent lawyers and jurists, and all kinds
of expedients had been suggested to take what was considered a
dangerous power out of his hands. Many persons of considerable
eminence had proposed a Court of Revision, or a body of assessors
composed of retired Judges, to consider these cases, instead of the
Home Secretary, on account of what had been supposed to be
abuses in the Home Office. The Koyal Commission which sat to
consider the question of capital punishment in 1868 examined
Mr. Walpole, who had presided over the Home Office ; and they
examined Sir George Grey, who at that time had at different
periods filled the office of the Home Secretary for twelve years.
The following were passages from the examination of Mr.
Walpole : —
*******
" 483. Duke of Kichmond : Will you be kind enough to state what is
the general practice at the Home Office ? The practice at the Home Office
may be stated very shortly. Wherever there was a case of a man found
guilty of murder, or of any other offence for which capital punishment was
inflicted, before murder was the only offence for which it was inflicted, the
practice was, when the matter was brought before the Home Office, to
examine the memorial which was sent with reference to that case ; to
consult the Judge who had tried the case ; to have a report from the
Judge of the evidence ; to lay before the Judge any new facts or any
facts which had been brought under the notice of the Secretary of State, and
to request from the Judge a report as to his opinion upon that new evidence,
The Case of the Prisoner Gardiner. 429
or upon the matter. Upon all those materials being brought before the
Secretary of State, he was then in a position, not in the least degree to rehear
the case, but simply to advise the Crown whether there were any circum-
stances which would justify the exercise of mercy either in an absolute or
in a qualified sense ; that is to say, either pardon or a commutation of
punishment.
" 484. That brings me to the point of the possibility or the advisability of
establishing what is called a court of appeal, or a new trial. Has that
subject occupied your attention at all ? It has very much occupied my
attention.
"485. First of all, I understand you to think strongly that there must be,
as is generally admitted, a final appeal to the Sovereign in all cases ? I
expressed that opinion very strongly indeed, and I do not see how you can
possibly avoid it. I think that there must be that prerogative vested some-
where, that is to say, in the Sovereign ; and I cannot conceive how it would
be so well exercised, so well as by and through the Secretary of State acting,
of course, upon his responsibility in making a recommendation. I am very
glad that your Grace has mentioned that point, because one of the circum-
stances which induces me to think that you ought not to have a court of
appeal in cases of murder or in any criminal cases, as a matter of right,
would be this — that when you have had your appeal, you will leave the
parties still as free as they are now to go on pressing upon the Home Office,
that is to say, upon the Crown through the Home Office, to alter the punish-
ment ; and all the objections which are urged against the exercise of that
prerogative by the Home Office now (such objections as that the Home
Secretary is rehearing alone, which is not accurate, what has been deter-
mined by the Judge and jury) would be ten times aggravated, because he
would then be rehearing also what had been determined by the court of
appeal and by all the judges who had decided the case in the court above.
That is one reason why I think that a court of appeal would be most
objectionable. The other reason given by Lord Wensleydale I entirely
concur in, namely, that it would be really an appeal for the rich and not for
the poor. Another reason is, that I cannot conceive, if you once admit an
appeal on the part of the criminal, how you can refuse to grant an appeal
on the part of the prosecutor ; it would be the most one-sided justice in the
world, and society, in my opinion, could not be secure if you were to say
that an additional chance of escape should be given to the criminal when
you did not give to society an equal power of saying, " You have escaped
improperly, and now we will have you brought to trial again."
* * # * # * *
" 501. Mr. Gathorne Hardy : In fact, a great deal of matter comes
before the Home Office which is not calculated to come before a court at
all ? It could not be done.
** 502. Matter which is very proper for inquiry before the tribunal of
mercy, but which would be very unfit to be brought before a Court of
justice ? Yes. If the public would only bear in mind that the Home Office
is not a court of appeal, but a court of mercy, and that its function
is merely to ascertain whether circumstances justify an alteration or
430 Speeches.
mitigation in the punishment, I think that their opinion with reference to
the practice of the Home Office would be very materially changed.
" 503. Dr. LuSHiNGTON : But sometimes it operates as a court of appeal ;
take Smethurst's case ? It may operate as a court of appeal.
*' 504. Mr. Waddington : In a few cases where the question is one of
guilt or innocence it must act as a court of appeal ? Yes.
" 50.5. Not judicially, but of necessity, it must advise the Crown whether
the case is sufficiently clear to justify the sentence being carried out ?
Quite so.
" 506. Not only in capital cases, but in all other cases ? Quite so.
" 507. Mr. Gathorne Hardy : And in effect it must continue to exist
whatever intermediate court you may have ? I am confident it must.
" 608. Mr. Neate ; In your experience is it not very unusual for the
Home Secretary to act at variance with the recommendation of the Judge
who tried the case ? I do not think that it is usual to do so in one sense,
because I really believe, from my experience at the Home Office, that there
is no necessity to differ from the Judge who tried the case. Now and then
there is such a necessity, and then the Secretary of State does take upon
himself the responsibility of differing.
" 509. There is no settled rule at the Home Office that you will not act
at variance with the recommendation of the Judge after you have put the
case before him ? Certainly not.
" 510. Duke of Eichmond : The judgment of the Secretary of State is
entirely unfettered? Absolutely unfettered.
"511. He decides according to his own judgment and conscience? I
think you may take it that everything which is done by the Secretary of
State in revising the punishment is done entirely upon his own responsi-
bility, but with all the aid which he can get."
*******
He had had a purpose in reading the views of Mr. Walpole,
because tliey seemed to indicate the course that should be taken,
and the rules that should be applied in examinations of the kind
in this country. The evidence seemed to prove also that, whatever
scheme might be devised for the consideration of these cases, you
could not get rid of the necessity for a final appeal to the Crown.
He had another extract from Sir George Grey.
*******
" 1502. Duke of Richmond : I apprehend that each case which comes
before you for the exercise of mercy must stand upon its own merits ?
Certainly.
" 1503. It is very difficult to define what ground would actuate you in
recommending the Crown to exercise the prerogative of mercy ? Certainly ;
but I may say, generally, that there are a number of cases so clear that
although there are very few in which there is not some petition, yet they
admit of no doubt whatever, and the petition is not entertained.
•' 1505. In these cases, has the Secretary of State invariably a communi-
The Case of the Prisoner Gardiner. 431
cation with the Judge ? No ; but when the memorial states facts or circum-
stances, or considerations which, upon the face of them, might be
regarded as having an important bearing upon the case, that memorial is
invariably sent to the Judge, and he always answers it in writing ; but if
any doubt remains, or if his answer is not a very decided one, he either
offers to come to the Secretary of State, or the Secretary of State requests
to see him, and then the subject is very fully discussed ; and I should add,
with the assistance of the Under Secretary, Mr. Waddington, although the
undivided responsibility of the decision exclusively rests in all cases with
the Secretary of State.
" 1507. Mr. EWART : Do you think that the Home Office should state
their reasons when they grant a reprieve ? I have done so occasionally,
where it has been possible to do it. In the Worcester case, I gave my
reasons to the Mayor of Worcester ; but, generally speaking, they are not
given.
" 1508. You would not recommend that it should be done ? No, not in
all cases."
That seemed to be the position of the Secretary of State, and the
practice which obtained in England ; upon the authority of two
men of eminence, who had held the office of Home Secretary, one
of them for a period of 12 years.
He now came to another part of the subject, which was rather
a delicate one — the extent to which the House of Commons has
interfered in cases of this kind. That interference did not in any
way correspond with the representations made of it by the honour-
able gentleman who moved this resolution. The House of
Commons occasionally asked questions, but he had not found a
case where the House went the length of pressing for the produc-
tion of papers. A question might be asked, and the Secretary of
State might answer it, and motions had been made for the pro-
duction of papers, but he had not found a case where the motion
had been passed. He would give four quotations, not from text-
books or from writers on government, where the object was to
lay down general principles, but in the words of distinguished
members of both Houses of Parliament, engaged in the practical
business of government. The first opinion was from the Marquis
of Normanby, in the House of Lords, who said : —
*' I think it would be inconvenient and unusual, as a general principle, to
lay before the House the grounds on which that discretion proceeds which
dictates leniency or severity on the part of the responsible advisers of the
Crown."
The Marquis of Westmeath asked : —
432 Speeches.
" I again ask whether this commutation has taken place under the
sanction of the Judge who tried the prisoner ?"
The Marquis of Normanby replied : —
" I must decline answering the question, because I could not do so
without discussing the whole subject."
The Duke of Newcastle, on another occasion, said : —
" It was a most delicate matter for either House of Parliament to inter-
fere in any matter connected with the administration of justice, and still
more with regard to the exercise of the prerogative of mercy, which belonged
to the Crown. He thought it would be most improper of him to give any
other answer to an inquiry that ought not to have been made, than that in
this case the usual course would be followed by the Government in respect
of any representation which might be laid before them."
Sir George Grey, in the House of Commons, speaking upon a
motion for the production of papers, which was not pressed,
said : —
"It is a solemn responsibility — a most painful duty ; but at the same
time, I cannot accept the doctrine of the honourable member that the
Secretary of State is bound to consider the verdict of a jury in a capital
case as absolutely final, and to refuse to investigate any alleged facts which
may be stated to him tending to alter the view of the case submitted to the
Judge and jury. The duty of a Secretary of State would be easy if in all
cases he refused to receive any appeal for mercy founded upon facts not
stated at the trial. But he cannot shrink from the performance of the
duty which is now imposed upon him, however painful it may be. If he
did, his conduct would meet with universal condemnation. In the present
instance I could not, consistently with the discharge of my duty, have taken
any other course. The case was most extraordinary, and the honourable
member has only partially stated the circumstances ; but I am not going
into the evidence, because this House is not competent to sit as a court of
appeal."
On another occasion Lord Macaulay used these words in the
House of Commons, speaking to a motion respecting the conduct
of the Secretary of State in the exercise of the prerogative of
pardon : — ^
<' I have no hesitation in saying with regard to this power — the prerogative
of mercy — that I would rather entrust it in the hands of the very worst
Ministry that ever held office than allow it to be exercised under the direction
of the very best House of Commons."
What then became of the House of Commons being a Council of
Control over the exercise of the prerogative of mercy 1 Lord
Macaulay went on to say that he did not know a case where the
House of Commons would be justified in interfering ; if any such
case could be conceived it would be some case of monstrous
oppression. Lord Macaulay's words were these : —
The Case of the Prisoner Gardiner. 433
" I do not know a case in which, as a member of the House of Commons,
I should be disposed to interfere with the Ministry in advising the Crown
on this matter. If I could contemplate such a case, it would be some case
of most momentous necessity — some flagitious and monstrous case of oppres-
sion — something like the severity that had been exercised in the reign of
King James the Second against those who had taken up arms against him
in the Monmouth rebellion — some case the mere mention of which would be
enough to make the blood boil — to make the hair of one's head stand on
end."
That was the only case — some extreme case of oppression — in
which he could conceive of the possibility of the House of Commons
interfering with the exercise of the prerogative. In this country,
where he supposed Ministers in future would be held directly-
responsible for advice in every case, the number of petitions for
mitigation was perfectly startling. He did not know what the exact
number might be, but the Governor, who had dealt with all these
cases hitherto, said they must average quite twelve a-week. And
in every instance the personal influence brought to bear had a
tendency to regard each case as an exceptional one. In other
words, there was very little disposition on the part of any one to
consider the cases upon any general principle, but solely in the
light of special circumstances known only to the individuals inter-
esting themselves in the particular case. Every set of petitioners
or single individual who interfered considered that at all events
the present case was one that ought to be complied with, and used
every influence they could command to obtain compliance. He
had stated before, and he stated now, that looking through the
papers in these cases, sending them to the Judges or to the benches
of magistrates, getting other facts in order that the fullest infor-
mation should be placed before the Crown, and seeing persons who
interested themselves in the cases — even in this mode of treatment
fully one-fourth of his available time for office work, apart from
the business of Parliament and purely political duties, was taken
up. If this system of petitioning were to be kept up it would be
almost enough to fill up the whole of one Minister's time.
He mentioned these things because he trusted that members of
Parliament would impose some little restraint upon themselves in
pressing Ministers, whether he was in office or out of office. One
thing he thought the change was likely to lead to was a harsher
treatment of prisoners. He was speaking now not for himself or
for his colleagues, but for the Ministers who might succeed them.
When thev had to exercise virtually the whole power they ought-
2d
434 Speeches.
to be left free and unfettered to act upon their own judgment and
sense of duty. All men were liable to influence, often uncon-
sciously ; but it would be necessary for the Minister for his own
sake to be as cautious as possible, and to resist all importunities
for the mitigation of sentences. He did not say that he should
refuse all applications ; but he should resist until he could resist no
longer from the force of the facts. He thought he had shown
that the particular cases which had led to this discussion were not
very unusual, according to the practice in this country, except that
there had been twenty-four cases grouped together for consideration.
These discussions, considering the extent to which they had gone,
without definite aim or careful thought, must produce harm. It
must injure the reputation of the country if it went forth that
there was an immunity for criminals here which was inconsistent
with the treatment of prisoners in other parts of the Empire, and
which, if it went forth, would not be the fact. It must do harm
so far as it stirred up discussions among persons who sympathised
with prisoners ; and it must do harm where, as in one case he had
noticed, resolutions were submitted to a public meeting by persons
who had inconsiderately busied themselves, which were negatived
by the meeting. It must do harm to awaken any manifestation of
feeling which would seem to be unfavourable to the repression of
crime; and loose and intemperate conduct upon all matters of this
kind must result in mischief to the community. With regard to
this resolution, it appeared to him, to say the least of it, a most ill-
considered and injudicious resolution, which could produce no
good result whatever, and which affirmed in part what very few
persons would desire to affirm. It afiirmed, for instance, that the
House disapproved of the release of Bow and Fordyce, notwith-
standing that a number of honourable members said that they
ought to have been released seven years ago. Then the resolution
affirmed that this boy Brookman should not be released. He did
not believe that there were many persons who understood that
case who would not be in favour of the release, and he unhesi-
tatingly said that it was as proper a case for the exercise of the
prerogative of mercy as was ever submitted to the Crown. This
return included other cases which would be favourably considered
by nearly every one in .le community, and that would be
treated leniently in any part of the British dominions. If it was
right to release a bushranger after serving five years, how could it
The Case of the Prisoner Gardiner. 435
be wrong to release these young men, who stood in the same
position, after they had served double that period ? It seemed proper
for him to state that, so far as he could learn from the police
authorities and from the authorities in charge of the prisons, that
comparatively few persons released after long imprisonment returned
to a course of crime in this country. He did not say that none did.
There was every reason to believe that of all those who had been
exiled, as far as any knowledge had been obtained of them, the
majority had adopted a reputable course of life under new circum-
stances. He had seen papers within the last day or two from
several of these men, showing that they had adopted an entirely
new course of life, and in many instances were now living as
respectable members of society. They knew that such was the
case in former days under transportation from the mother-country.
Some honourable gentlemen appeared to be under the impres-
sion that sentences imposed in England were carried out according
to the letter of those sentences. He had heard the question
asked — " What was the use of sentencing men to thirty years'
imprisonment, if it was not intended that they were to serve
thirty years ?" Nothing of this kind was ever contemplated
in the criminal jurisprudence of the British Empire. If it were
the case, it would lead to the most calamitous results, for
there would be no distinction made between the well-conducted
and the ill-conducted. It would remit them to the old times
of darkness and rude justice, which happily had passed away
from the face of England, and from the whole civilised world.
He had already shown that by the Statute law of England,
passed on the cessation of transportation, the period of imprison-
ment in a gaol in England was not less than six nor more than
ten years in substitution of the longest sentence of transporta-
tion, and for shorter sentences the imprisonment substituted
was correspondingly short. He had already shown that in all
the gaols of England, with the multitudes of prisoners passing
through them, there was not supposed to be one single person
imprisoned over ten years. He had shown that in the enlightened
country of Belgium, where constitutional government prevailed
more perfectly than in any other continental nation, imprison-
ment for life, which took the place of the punishment of death, was
very frequently commuted to twelve years. The very object, the
very essence of the modern system of treating prisoners was to
2 D 2
43^ Speeches.
recognise good conduct — to hold out a hope to the prisoner that
would lead to his reformation. What would be the state of things
if this merciful and enlightened principle did not prevail ? Sup-
pose all their prisoners were immured in dungeons for the terms to
which they were sentenced, without reference to conduct in prison :
their gaols would be twice as large as they were, their prison
population would be doubled. It was only by this merciful
and wise exercise of authority in consideration of good conduct
that the penal establishments of the country were kept within
reasonable bounds ; while at the same time there was a
second and sometimes a third chance held out to a prisoner
to abandon the pursuit of crime and take to an honest life. But
the effect would not stop there. Besides doubling the expendi-
ture of public money, the prisoners, being without hope, would
be driven to despair. They would be savages within iron cages.
The slaughter of their keepers would be of frequent occurrence,
and they would produce in this land — lighted up with the living
principles of Christianity — something of the pandemonium that
existed in Norfolk Island and in Tasmania in the old convict
days now happily passed away. Was it come to this, that
they were to fan the flame of revenge in the execution of their
laws, and drive the criminal population to desperation by the
severity of their punishments, for their prisoners were men and
women after all 1 While he was and always had been in favour
of severely dealing with the prison population of the country —
while he was and always had been in favour of the Government
devising every safeguard for the protection of life and property, he
did not believe that the best interests of the country would be
answered by carrying out any such harsh and unenlightened views
as he had heard propounded in the House since these discussions
commenced. He believed that it was a duty in dealing with these
sentences under the law to respect the opinions of the Judges. It
was a duty also to place the prisoners under the healthiest state of
prison management, to employ them so as to compel them to con-
tribute as largely as possible to their maintenance, to instruct them
as far as was practicable, and, if their conduct proved that they were
deserving of consideration, to enable them — before they were over-
taken by old age and became helpless — to start on a new career and
live honestly. That was the view taken by the first statesmen in
England — that was the view taken by the first statesmen in
The Case of the Prisoner Gardiner. 437
America — and fchat was the view taken by the first statesmen
among continental nations. And he at all events, whatever others
might think, was content to follow humbly in the footsteps of
those enlightened men.
APPENDIX A.
THE PKEROGATIYE OF PARDON".— THE CASE OF
THE PRISONER GARDINER.
A CHAPTER OF HISTORY.
In the year 1862 the crime of bushranging broke out with much
violence in New South Wales, and in particular the name of
Frank Gardiner became notorious as that of the reputed leader of a
gang who stopped and robbed the gold escort at Eugowra. Several
young men, arrested on the charge of being engaged in the escort
robbery, were tried before Sir Alfred Stephen, Chief Justice, and
capitally convicted of the crime, one of them suffering death.
Gardiner, however, was not apprehended until February 1864,
when he was discovered keeping a store at Apis Creek, in Queens-
land, under the name of Christie. He was brought up for trial
before Sir Alfred Stephen in July following, not for the escort
robbery, but on two charges not capital, of which he was con-
victed, receiving three cumulative sentences amounting to thirty-
two years' imprisonment, the first two years in irons. Mr.
Martin, then Attorney-General (now Sir James Martin, Chief
Justice), stated, in a minute : — " The only capital case against
Gardiner appears to be the case of the escort robbery, and as to
that it seems to me that a conviction could not be reasonably
expected," adding his reasons for this opinion.
In 1871 — a little more than seven years after Gardiner's convic-
tion — two sisters of the prisoner got up a petition for his release ;
and they succeeded in obtaining in support of their petition the
signatures of many respectable persons, including some who had
held high offices in the colony. Mr. William Bede Dalley, who had
held office as Solicitor-General, and who is now Attorney-General
of the colony, signed his name to the following recommendation : —
*^ We the undersigned beg most respectfully to recommend the
foregoing petition to your Excellency's merciful consideration, the
The Prerogative of Pardon. 439
more especially from the desire to reform evidenced by the
prisoner before capture, and his conduct since his incarceration ;
and trust that your Excellency may be pleased, under all the
circumstances of the case, to deem the period of the sentence already
expired sufficient for the ends of justice." Mr. Dalley must have
signed this recommendation before the end of 1871, as the next
minute on the same sheet is dated December 29th of that year.
Among others who signed recommendations in the above form
were Richard Driver, Esq., M.P.; Richard Hill, Esq., M.P.;
Joseph Eckford, Esq., M.P., and a number of magistrates and
well-known merchants and traders. Mr. "William Forster, M.P.,
who had filled the office of Colonial Secretary at the time of
Gardiner's conviction, was specially referred to in the body of the
petition. It stated that, on the occasion of an outbreak of
prisoners in the gaol, Gardiner's conduct was " so noticed
by the Inspector-General of Police that he assured the prisoner
that he would see the Colonial-Secretary (Mr. Forster), and
have a record of it made for the future benefit of the prisoner."
The petition, with this special reference to himself, was taken to
Mr. Forster (then out of office) for his signature ; and, with his at-
tention thus challenged, he wrote, and subscribed his name under, the
following words : — *^ Having been referred to in a petition for the
mitigation of the sentence of Francis Christie, as holding the office of
Colonial Secretary when an outbreak occurred in Darlinghurst Gaol,
I have much pleasure in testifying to the fact of Christie's good con-
duct on that occasion, as well as to his general conduct during the
entire period of his incarceration, so far as it came under my
notice in either case. I am glad to record this opinion, so that it
may operate as it ought in the prisoner's favour. And, so far as
these and other circumstances mentioned in the petition entitle
his case to the favourable consideration of the Government, I am
willing to add my testimony and recommendation." The "recom-
mendation" of Mr. Forster was dated December 29th 1871 —
about seven years and six months after Gardiner's conviction —
and it was written immediately below Mr. Dalley's " recommenda-
tion," which expressed the hope that the Governor would be
pleased, " under all the circumstance of the case, to deem the period
of the sentence already expired sufficient for the ends of justice"
I entered upon the duties of the Colonial Secretary's Office on
the 14th May 1872, and the petition for the mitigation of
44^ Appendix A.
Gardiner's sentence came to me in due course to be dealt witK.
As the prayer for the mitigation principally rested on the ground
of Gardiner's good conduct in prison, I sent the petition in the
first instance to the Inspector of Prisons for his report. As
reports from this officer are not called for in all cases, my calling
for a report from him in Gardiner's case was subsequently
attempted to be tortured into evidence that I had some design to
favour the prisoner. But it must be obvious to every intelligent
and unprejudiced mind that, in a case of so much importance,
where the question was one mainly of the prisoner's good conduct,
if I had not obtained the report of the only officer whose busi-
ness it was to be well acquainted with his prison-life, I should
have greatly failed in my duty, and laid myself open to well-
merited blame. With this report, and reports from the officers of
the gaol, and all other papers connected with the case, the petition
was sent for the report of the Chief Justice, who had tried and
sentenced Gardiner. So far from seeing any impropriety in the
report from the Inspector of Prisons, the Chief Justice in his own
report characterised that officer's remarks as " very judicious."
Having thus brought together all the facts of the case, the
opinions and testimony of the principal officers who had had
charge of the prisoner, and the views of the judge by whom he
had been tried, I submitted the petition to the Governor with a
written minute of my own explaining the standing of the
principal persons whose names were appended to it. This I did
more fully in conversation with His Excellency about the same
time, but I certainly had no desire, and never intended at any
time, to do more than fairly explain both sides of the case. I took
this course of explanation because His Excellency, having but
recently arrived in the colony, could not be supposed to know
either the special features of the prisoner's case or the positions of
the persons who were seeking to exercise their influence in his
favour, two of whom were ex-members of the Executive Council.
Up to this time I had regarded the prerogative of pardon as
vested absolutely in the Kepresentative of the Crown, and I was
aware of my own knowledge that two Governors at least — Sir
John Young and the Earl of Belmore — had exercised it, as a rule,
without the advice of Ministers.
On receiving this petition, in December 1872, what did the
Governor himself do'? He did not grant the prayer of the
The Prerogative of Pardon. 44*
petitioners. He did not concur in the recommendation of Mr.
Attorney-General Dalley in December 1871 — that the ends of
justice would be answered by the seven years and six months of
his sentence which the prisoner had then suffered, and that he
might be released instantly and unconditionally. He did not
yield to the specious " recommendation" of Mr. Forster, who had
recorded his opinion in December 1871 also, " that it might operate
as it ought in the prisoner's favour." Sir Hercules Robinson
judged the case on its merits, possibly attaching some weight to
the opinions of the two ex-members of the Executive Council,
but really mastering for himself the perplexities which surround
the abnormal condition of our prison population. He knew that
good-conduct prisoners are immured for unlimited years within the
four dead walls of the same gaol in few Christian countries. His
decision, I believe, while merciful, to the prisoner, was just to
society, and thoroughly sound in the interests of criminal treat-
ment. He decided that, if the prisoner's conduct continued good
for the term of ten years, he might then be allowed to exile him-
self. In arriving at this decision Sir Hercules Robinson took
care to state that he " did not concur with the petitioners that the
sentence which the prisoner had undergone was sufficient for the
ends of justice."
Several months after this decision in favour of Gardiner's exile —
namely, in the early part of 1874 — another petition was got up by
one of the prisoner's sisters, praying that he might be released in
the colony ; and I find the name of Mr. Attorney-General Dalley
appended to this second petition. The case was again referred to
the Inspector of Prisons for his report, and was then submitted to
the Governor with the following words covered by my initials : —
" The Sheriff* strongly deprecates a compliance with the prayer
of the petition." The Governor minuted the petition simply
" Refused."
This, then, was the case, as favoured by the powerful influence
of Mr. Forster in 1871, as dealt with ministerially by me and as
decided by Her Majesty's representative in 1872, which in 1874
was inflamed by political passion and distracted by misrepresenta-
tions in order to overthrow a Government whose measures and
policy were generally approved and which was now vigilantly
seized upon for that purpose by Mr. Forster himself amongst
* The Sheriff at this time also held the office of Inspector of Prisons.
442 Appendix A.
others. The atmosphere is now somewhat clearer and calmer, and
it may be well to follow the course of events through the turmoil
which was created out of this prisoner's case.
In April 1874, I was questioned by a member of the Assembly
whether the Government intended to release the prisoner Gardiner
before the expiration of the sentences passed upon him. As my
reply was not considered satisfactory, this gentleman moved the
adjournment of the House, to enable him to express his views on
the subject. A somewhat heated discussion was raised, in the
course of which I offered some fuller explanation to the House of
what had been done. Speaking of the difference between the
exercise of the prerogative of pardon in England and in the
colonies, I am reported to have said : —
" Here that power was vested in the representative of the Crown alone; and
though most probably His Excellency would not disregard any representation
that might be made to him by his responsible advisers, yet it was entirely
removed from the province of their duties ; not only need the Governor not
seek the advice of his Ministers, but he might even act in opposition to their
advice if tendered. Now, what had he done ? When this petition came
before him, he went out of his way to place all possible information before
His Excellency. Of course the matter was referred to Sir Alfred Stephen,
who tried the case, for his report; and, besides this, he had taken the unusual
course of calling upon the Sheriff to send in a special report upon this prisoner,
so that the Governor, who had not been long in the colony, might have the
best information possible to guide him in his duty ; and when he referred
the petition to His Excellency, he did so with some remarks upon the position
of the different gentlemen who had signed the petition. It had never
occurred to him that these names were nothing more than a delusion. He
presumed that they all expressed what was intended, and that the intention
would not afterwards be repudiated. The Governor then had the fullest infor-
mation that the judge could give him, that the head officer placed over the
prison population could give him, and His Excellency also had such informa-
tion as he (Mr. Parkes) could give him as to the standing of the gentlemen
who signed the petition ; and on these facts His Excellency was pleased to
say that the prisoner should be liberated after the expiration of ten years'
imprisonment. He had never intruded his advice upon his Excellency in
cases of this kind ; for, if he shrunk from anything, it was from putting him-
self forward to do what he was not entitled to do. As he had no power in
the matter, he had given no advice upon it ; though, had he possessed the
power, he should not probably have incurred the responsibility of liberating
this prisoner at so early a date as ten years. He did not say this by way of
inferring in any way that a wrong act had been done, because it was an
exceedingly difficult thing to decide upon the proper mode of dealing with
that class of prisoners."
Some of the speakers charged me with seeking to shelter myself
The Prerogative of Pardon. 443
I
from my just responsibility by improperly bringing forward the
Governor's name. Charges of similar character were in later dis-
cussions dealt out in every conceivable form. On this occasion,
however, I claimed my privilege to explain at the close of the dis-
cussion what I had really said, and I find myself reported to have
used the following words : —
" So far from explaining, or saying anything that could be construed into
bringing the Governor's name forward as a cloak to his proceedings, he
simply stated that he informed His Excellency of all the facts of the case,
and did so in the light of not interfering in any way further. He stated that
if he had been asked for advise, it was doubtful whether he should have
taken the responsibility of recommending the man's release at this early
period ; and there was nothing inconsistent with that in the remark that he
was willing to bear any responsibility that might devolve upon the Govern-
ment in this matter. He should have committed a very doubtful act, con-
sidering that he had no real power in the matter, by interfering between the
Governor and a prisoner in the exercise of the prerogative of mercy."
Some expressions of mine (included, I believe, in the above
quotations), as they appeared in the reports of this first dis-
cussion of the subject in the Assembly, were displeasing to
the Governor, who told me next day that he had dealt with
the prisoner's case under the impression that I was not unfavour-
able to a merciful consideration of it, and that he thought it was
improper for me to express my doubts whether, if I had been
asked for my advice, I should have dealt with it as mercifully
myself, which seemed to imply disapproval of what he had done,
when I had expressed no disapproval at the time of his decision.
I think, however, that the force of His Excellency's objections
applied more to his reading of what I had said than to the
meaning I had endeavoured to convey to the Assembly. What
I meant was, not that any wrong decision had been given, but
that the Minister in such case, acting under his sense of responsi-
bility to Parliament, would have acted, though perhaps uncon-
sciously, in view of hostile criticisms from his political adversaries,
and therefore was not in a position of equal independence with the
Governor. This was in accord with opinions I have frequently
expressed on the exercise of the prerogative. With the exception
of this misunderstanding in the first instance, the Governor, so
far as I am aware, was perfectly satisfied with my course through-
out j and the existence of this misunderstanding I explained in my
speech on June 3rd in the Assembly.
444 Appendix A.
The case of Gardiner now became the subject of frequent ques-
tioning and reference in the House, and Mr. Edward Combes, then
member for Bathurst, gave notice of a condemnatory motion,
which, as the case had been considered in connexion with twenty-
three others, finally took the following form : — " That this House
disapproves of the release of the long-sentenced prisoners whose
names are set forth in the returns laid upon the table of this
House by the Honourable the Colonial Secretary on the 22nd May
1874, including the name of the notorious prisoner Gardiner."
Mr. Combes made his motion on June 3rd, as an amendment on
going into Supply, and the debate was continued over several
nights, closing on June 11th with a division of 26 to 26. The
motion was negatived by the Speaker's casting vote.
In the meantime I and my colleagues had addressed ourselves
to the consideration of the position in which the prerogative of
pardon was actually exercised, and what ought to be the respon-
sibility of Ministers in relation to its exercise. It appeared to me,
and I believe to my colleagues also, that the questions we had to
consider were perplexed rather than cleared of perplexities by
recent despatches from the Imperial Government on the subject.
The result of our deliberations was embodied in the following
paper : —
" Minute for His Excellency the Governor.
" I have given much consideration to the expediency of changing the
system of treatment in the cases of petitions presented for the absolute or
conditional pardon of convicted oflEenders, and have carefully read the
correspondence on the subject, commencing with Lord Belmore's dispatch
of July 14 1869, and closing with Lord Kimberley's despatch of February
17 1873.
" The minute of Mr. Kobertson, which gave rise to this correspondence,
does not appear to me to deal with the real question which the dispatches
of the Secretary of State present for determination in the colony. That
question, in any view, is the extent to which the Minister is to have an
active voice in the decision of these cases ; but in my view it is much more
— it is whether the Minister is virtually to decide in every case upon his
own direct responsibility, subject of course to the refusal of the Crown to
accept his advice, which refusal at any time should be held to be, as in all
other cases, tantamount to dispensing with his services. The seventh para-
graph of the minute alone touches the question of the Minister's relation
to the Crown, and it seems to prescribe a position for the Minister in which,
on submitting petitions to the Governor, he is to express an opinion on each
case, to be " viewed as embodying no more than a recommendation," after
which he is to have no further concern in the matter. I cannot subscribe
to this principle of Ministerial conduct, if this be what was intended by
Mr. Robertson.
The Prerogative of Pardon. 445
" There can be no question, I believe, that from the beginning of the
present reign the Home Secretary in England decides absolutely in all
matters of this kind in the name of the Crown, and that the Crown does
not in practice interfere. At no former time when the Crown took an
active part in such decisions could the Crown, in the nature of things, be
subject to a superior or an instructing authority. The wide difiEerence
between the position of the Minister and his relations to the Crown and to
Parliament in the colony and in England is at once apparent on reading
the dispatches from the Secretary of State. The Governor is invested with
the prerogative of the Crown to grant pardons, and, by the letter of the
instructions conveyed to him by Lord Kimberley's circular of November 1,
1871, he * is bound to examine personally each case in which he is called
upon to exercise the power entrusted to him.' By the instructions previously
conveyed to the Governor of this colony by Lord Granville, in reply to
Lord Belmore's despatch of July 14, 1869, he is told that ' the responsibility
of deciding upon such applications rests with the Governor,' and, in reference
obviously to advice that may be tendered, it is expressly added that the
Governor ' has undoubtedly a right to act upon his own independent judg-
ment.' And finally, after the question has been re-opened by Sir Alfred
Stephen, it is repeated by Lord Kimberley's dispatch of February 17 1873,
that ' in granting pardons ' the Governor ' has strictly a right to exercise
an independent judgment.'
" It seems to be clear that the 'portion of the Queen's prerogative' entrusted
to the Governor of a colony, unlike the prerogative in England, is intended
to be a reality in its exercise. It is undeniably the case that the repre-
sentative of the Crown in a colony, unlike the Crown itself, is subject to a
superior or instructing authority. What then is the position of the
Minister, and what is intended to be the nature of the advice he may be
called upon to give, and under what circumstances is that advice to be
given ?
" In no sense of responsibility in this respect has the Minister in this
colony hitherto been in the same position as the Home Secretary in
England. He has neither exercised the function of pardon, nor as a rule
been asked for advice. Except in rare cases, and then only in a limited
degree, when special features or new facts have presented themselves, he
has never actively interfered. What would be his position if he entered
upon a system of partial advice, and accepted in matters of the gravest
moment a secondary or limited authority, irreconcilable with the nature
of his duties and responsibilities a a Minister under Parliamentary Govern-
ment ?
" Lord Granville says, ' The Governor would be bound to allow great
weight to the recommendation of his Ministry.' The circular of November
1, 1871, says, ' He will of course pay due regard to the advice of his Minis-
ters.' Lord Kimberley, in bis dispatch of February 17 187.3, repeats the
words of Lord Granville.
" It cannot be doubted that the advice here intended is wholly distinct in
its nature from the advice given in the general conduct of affairs. In the
general case the advice is uniformly accepted, as the first condition of the
44^ Appendix A.
adviser continuing to hold office. In all his acts the Minister's responsibility
to Parliament is simple, undivided, and direct. But in pardoning tjonvicted
offenders, the Governor, although he is to * pay due regard to the advice of
his Ministers,' is at the same time informed by the Secretary of State that
he * is bound to examine personally each case in which he is called upon to
exercise the power entrusted to him,' and that with him rests the responsi-
bility. The exceptional advice implied seems to be of the nature of opinions
or suggestions to which weight may be attached as coming from persons
'responsible to the colony for the proper administration of justice and the
prevention of crime,' but which in any case, or in every case, may be
partially or wholly disregarded.
" It does not appear to be clear that the Governor is required by the
Secretary of State to seek even this secondary class of advice in all cases.
It would rather seem that the instruction does not necessarily extend
beyond cases in which pardons are proposed to be granted, in which cases
the Minister would simply have to concur in a decision already formed, or
be placed in the somewhat invidious position of objecting to the extension
of mercy. This view would shut out from the Minister's limited power of
advice the numerous cases in which much concern is frequently felt by
portions of the public, where a merciful consideration is prayed for and is
refused.
" I entertain grave doubts whether any change at present from the system
which has hitherto prevailed will be beneficial to the colony. In a com-
munity so small as ours the distinctions between classes are very slight.
The persons entrusted with authority and the relatives and friends of
prisoners move closely together. The means of political pressure are easily
accessible. A larger share by the Minister in the exercise of the prerogative
of pardon would not, in my judgment, be more satisfactory to the public.
But if a change is to take place, and the cases of prisoners are to be decided
on the advice of Ministers, I can see no sufficient reason for making a dis-
tinction between this class of business and the ordinary business of Govern-
ment. The Minister ought to inquire into and examine each case, and each
case ought to be decided on his advice. The refusal of the Governor to
accept his advice in any case of this kind ought to have the same signifi-
cance and effect as a similar refusal in any other case. In no other way can
the Minister be fairly responsible to Parliament for what is done. Either
' the responsibility of deciding upon such applications ' must still ' rest
with the Governor,' as Lord Granville expresses it, or it must rest with the
Minister in the only way in which it would be just to hold him responsible.
" Henky Parkes.
" Colonial Secretary's Office, Sydney, 30th May 1874."
The change proposed — namely, that the prerogative of pardon
should in future be exercised on the advice of Ministers — ^met with
the approval of the Governor, who signified his concurrence, with
a full explanation of his own views, in the minute which I now
subjoin : —
The Prerogative of Pardon. 447
"Minute by the Governor for the Executive Council.
** I have read the minute of the honourable the Colonial Secretary upon
the subject of pardons, and it has occurred to me that the difficulty of
dividing the responsibility in this matter, in the manner suggested by the
late Secretary of State, can perhaps best be illustrated by showing how
such a system would work in the practical transaction of business.
" Hitherto the practice here has been for all applications for mitigation
of sentences to be submitted to the Governor for his independent decision
thereon. Some are sent to him direct through the post by the petitioners,
others are presented personally by influential persons interested, whilst the
remainder reach him through the Colonial Secretary's office, without any
expression of opinion from the Minister. Taken altogether these applica-
tions are numerous. I have not kept any count of them, but I should
think that a weekly average of twelve would certainly be below the
number. All are carefully perused by the Governor. Some — in which the
grounds stated, even if proved, would be insufficient to justify remission —
are summarily rejected ; others, upon which inquiry may seem desirable,
are referred for the report of the Sheriff and the sentencing official, and
sometimes the opinion of the Crown Law Officer is asked for. Previous
petitions and papers in each case (if any) are carefully perused, and
eventually the Governor gives his decision according to his own independent
judgment. The papers are then sent to the Colonial Secretary's office,
where the necessary official steps are taken to carry the decision into
effect, without, I believe, in ordinary cases, the matter being even brought
under the notice of the Minister.
" If a change such as has been suggested were to be carried out, the first
question to be decided would be by whom should all petitions and applica-
tions for mitigation of sentences be considered in the first instance — by the
Governor or by the Minister ?
" If, as at present, by the Governor, what would be the consequence under
the instructions contained in the Secretary of State's circular dispatch of
the Ist November 1871? The words of that dispatch are as follows : —
" * The Governor, as invested with a portion of the Queen's prerogative, is
bound to examine personally each case in which he is called upon to exercise
the power entrusted to him, although, in a colony under Kesponsible Govern-
ment, he will of course pay due regard to the advice of his Ministers, who
are responaible to the colony for the proper administration of justice and
prevention of crime, and will not grant and pardon without receiving their
advice thereupon.''
" The last few words which I have underlined are not quoted by the
Colonial Secretary in his minute, but they are important as showing the
precise view taken by the Secretary of State. The Governor apparently
may, after personally examining any petition for mitigation, and after
giving due weight to the advice of his Ministers, exercise an independent
judgment, and reject the application. He may say ' No' on his own authority,
but he can only say ' Yes ' on the advice of a Minister. The idea would
seem to be to make the Governor and the Ministers mutually act as checks
on each other. Either can negative a prayer for pardon, but both must
44^ Appendix A.
concur before any such application can be granted. If, therefore, the
petitions were considered in the first instance by the Governor, all cases
rejected by him would at once be withdrawn from the cognizance or
control of the Minister — a proceeding of which the latter might justly
complain if any responsibility at all were to be imposed on him in this
matter. In all cases in which the Governor proposed to mitigate the
sentence, his decision would have to be approved and confirmed by the
Minister, who might, if he saw fit, veto the merciful intentions of the
Governor. It appears to me the Governor and the Minister would occupy
somewhat anomalous positions in such cases. Under a constitutional form
of Government the Crown is supposed to accept or reject the advice of
responsible Ministers : in this matter the Minister would adopt or reject as
he pleased the advice of the Representative of the Crown !
" But suppose, on the other hand, that all petitions were considered and
reported on in the first instance by the Minister, what would then be the
result ? Why, all cases rejected by the Minister need never be sent on at
all to the Governor, to whom they would be addressed. For, as the Governor
could not pardon without the advice of the Minister, there would be no object
in troubling him with applications which he could not comply with. In
cases in which the Minister advised a mitigation, the Governor could of
course, if he saw proper, in the exercise of his ' undoubted right,' reject
such advice— upon being prepared to accept the consequences. But practi-
cally he would never do so, except in cases which in his view involved such
a gross abuse of the prerogative that both the Secretary of State and local
public opinion would be likely to support him in the adoption of extreme
measures. In all ordinary cases, in which neither Imperial interests nor
policy were involved, the Governor, whatever his own private opinion might
be, * would be bound to allow great weight to the recommendation of his
Ministry, who are responsible to the colony for the proper administration of
justice and prevention of crime.' Practically under such a system the pre-
rogative of mercy would be transferred from the Governor to the Minister
charged with such duties.
*' It was perhaps the recognition of some such difficulties which led to the
suggestion of a compromise between these two systems, thrown out in Lord
Kimberley's last dispatch on the subject. In effect, his Lordship appears
to suggest that the Governor might continue, as at present, to examine
into and deal with all petitions for pardon ; but that he should, before
granting a mitigation of sentence in any case, ascertain by means of
informal consultation that the Minister concurred in such a step. I fear
that such a plan would not work well, and that its effect would simply be
to fritter away any real or clearly-defined responsibility in such matters.
In the first place, who would be responsible for the appeals rejected upon
which charges of sectarian partiality or official corruption might possibly be
based ? Is the Governor to remain responsible for refusals, and the Minister
to become responsible for pardons? Again, if the Minister is to be respon-
sible for pardons, he would have, unless his concurrence were a mere matter
of form, to go through all the reports and papers in each case in which a
pardon was proposed by the Governor ; and, as I have before shown, he would
The Prerogative of Pardon. 449
have to place upon the papers in writing his final acceptance or rejection of
the Governor's advice. If such grave matters were disposed of in informal
conversations, such a loose mode of transacting business would inevitably
result in mistakes and misapprehensions. The Governor might decide a
case under the full impression that the Minister concurred in his view, and
yet he might find subsequently that there was some misunderstanding, and
that his decision was repudiated and condemned.
" For these reasons I entirely concur in the conclusion arrived at by the
honourable the Colonial Secretary in his minute — that the responsibility
for the exercise here of the Queen's prerogative of pardon must either, as
heretofore, rest solely with the Governor, or it must be transferred to a
Minister who will be subject in this as in the discharge of other adminis-
trative functions only to those checks which the Constitution imposes on
every servant of the Crown who is at the same time responsible to Parlia-
ment. The real question at issue is thus brought within narrow limits.
*' The Colonial Secretary expresses * grave doubts whether any change at
present from the system which has hitherto prevailed here will be beneficial
to the colony,' and he thinks that under the circumstances existing here
the prerogative of pardon will be better exercised by the Governor than by
the Minister. If the validity of such an argument were once admitted, it
might perhaps be held to extend to other branches of administrative
business. But the very essence of the Constitution is responsibility to
Parliament for the administration of local affairs ; and possessing, as the
system does within itself, a prompt and efEectual means of correcting any
abuse of power, there can be little doubt that political training and official
experience will soon impose restraints upon those impulses which sometimes
mar the earlier attempts at self-government.
" I have felt ever since my first arrival in the colony that the practice
which has hitherto prevailed here, of entrusting an important branch of
local administration solely to an officer who is not responsible to Parliament,
is highly objectionable ; and as I fail to see that any plan of divided
responsibility in such a matter can be devised, I can only repeat here what
I have on several occasions since the receipt of Lord Kimberley's last
dispatch stated to the Colonial Secretary in conversation — namely, that I
am quite prepared to adopt a change of system ; and I think for the
future all applications for mitigation of sentences should be submitted
to me through the intervention of a responsible Minister, whose opinion
and advice as regards each case should be specified in writing upon the
papers. " Heecules Eobinson.
"Government-house, 1st June 1874."
The Executive Council, on 2nd June, approved of the change,
which was at once acted upon in all new cases. This step was not
taken by me without serious misgivings, which I still feel, as to
the entire wisdom of the change. But it seemed that the
Ministers of the day had forced upon them by an unscrupulous
party movement the choice between responsibility without
authority and the authority of an active judgment coupled with a
2 B
450 Appendix A.
just responsibility. The new practice has now been substantially
approved by the Secretary of State.*
After the defeat of Mr. Combes' motion on June 11th, Sir
Hercules Robinson sought, as most persons will consider he had
a right to seek, a consultation with the Chief Justice — Sir James
Martin — (Sir Alfred Stephen having resigned in November,
1873) — to enable him the better to decide on a reconsideration
of Gardiner's case. This consultation took place at Government-
house on June 14th, the third day after the division in the
Assembly. I and my colleagues, having regard to the exceptional
state of the prerogative question up to that time, did not look upon
Mr. Combes' motion as one entitled to political significance ; and,
as we were then over-burdened with public business, no communi-
cation in reference to it was made to the Governor for some days
afterwards. On June 18th the Assembly sat all night, not rising
until ten minutes past eight o'clock on the following morning. On
that morning I received a letter from His Excellency, informing
me that he had been anxiously reconsidering the whole case;
that he had a long conversation with the Chief Justice on the
subject ; and that he had been led to the conclusion, in which Sir
James Martin entirely concurred, that his only course was to let
Gardiner have the conditional pardon promised to him, taking all
practicable securities to prevent his returning to Australasia.
The Governor further informed me in this letter that Sir James
Martin said that if the reasons which had led to this conclusion, as
explained by His Excellency to him, could be made known,
public opinion would turn round and approve of the course taken ;
and His Excellency asked whether I thought it desirable to give
publicity in some shape or other to his views. My first thought on
reading Sir Hercules Robinson's letter was that if Gardiner's case
could be reconsidered under the new practice of direct advice from
Ministers, I might at once relieve His Excellency from all further
embarrassment; and I wrote the following reply, which I am
permitted to publish : —
" Colonial Secretary's OflBce,
" Sydney, June 19th 1874.
" My dear Sir Hercules — I did not leave the Assembly until after eight
o'clock this morning, and then had to go out to Ashfield ; in consequence, I
have only just reached the office — twenty minutes past one p.m.
" I take up your note of yesterday respecting the prisoner Gardiner.
* See Lord Carnarvon's dispatch of October 7th 1874, No. 54.
The Prerogative of Pardon. 451
" Do I rightly understand that yon desire me to tender to you my opinion
or advice on the case as it stands ? and I do not think Gardiner's case can
be separated from the other twenty-three.
" I may say at once (though only as a private person) that my advice as
Minister would be that you should strictly adhere to whatever you consider
has been a positive or implied promise ; and I am of course quite prepared
to stand between you and Parliament, and take all the responsibility of such
advice.
*' I should be glad to learn, however, whether you wish that my opinion
should cover the proposal you explained in a previous letter to send the
prisoner to England, to be kept there under the observation of the police.
*' Very truly yours,
"Henry Parkes."
I received an immediate answer to the effect that the Governor's
sole object in writing to me was to ascertain whether I thought it
desirable for him to place before the public the reasons which had
led him to the conclusion that he was bound in honour to carry
out the implied promise of the Crown to Gardiner, no reference
being made to my offer of advice. I have His Excellency's per-
mission to publish my reply to this second letter.
" Colonial Secretary's Office,
" Sydney, June 19th 1874.
"My dear Sir Hercules — I do not see very clearly how you are to place
before the public (except at a future time when your dispatches may be
published) the reasons which have led you to your conclusion in the Gardiner
case. Already statements and comments in variously tortured form are
made to fix upon your advisers — and myself especially — charges of unworthy
conduct in seeking to shelter ourselves by your interposition between us and
Parliament. These unscrupulous references, often in a shape which it is not
easy to notice, cannot be other than unpleasant to you, and they are
extremely annoying to us. Any paper of the kind you suggest of which I
can form a conception would be seized upon and used for this purpose.
So I think.
*' I believe your course throughout has been quite right with the single
exception of a difference in point of time in Gardiner's case (two to four
years only), in which my view may not be correct after all. And I should
indeed be glad if anything could be done to make this appear more clear to
the public. But the principal persons who are making this commotion do
not want it to be made clear.
" As to the general public, the feeling will soon work itself to a sober and
sound state.
" Yours faithfully,
"Henry Parkes."
One of the many charges levelled at me in 1874, intensified by
endless repetition, was that I endeavoured to shield myself from
the displeasure of the Assembly by the interposition of the name
2 E 2
452 Appendix A.
and authority of the Governor. This charge in one of the daily
papers assumed the odiously specific form that I, as a sworn
adviser of the Crown, had led the Governor into a difficulty and
then shrunk from my responsibility and sought to cast the blame
upon innocent persons. The explanation now made will surely
convince all honest minds of the injustice of those charges. My
letters of June 19th will also show that, so far from counselling
the minute of June 23rd, my unbiassed judgment was unfavour-
able to any publication at that time ; and that I clearly foretold
the use that would be made of any document of the kind. My
judgment, however, was overruled ; and I eventually consented to
the now famous minute of His Excellency, and became responsible
for laying it before Parliament, From that responsibility, once
incurred, I never for a moment shrank.
I will riot here attempt to defend the minute of June 23rd* from
* The following is a copy of the minute of Sir Hercules Robinson : —
" Minute by the Governor for the Executive Council.
"I have to lay before the Executive Council six petitions and memorials
which have been addressed to me with regard to the proposed mitigation of
Gardiner's sentence. These representations, viewed in connexion with the
public discussions which have recently taken place on the same subject,
have led me very carefully to consider whether any fresh facts have been
brought to light which would justify me in disappointing now the expecta-
tions which I raised when this prisoner's case was first submitted to me —
about eighteen months ago.
" It is true that no positive compact was then made with the prisoner, or
any decision given in the nature of an absolute remission, which would of
course have been irrevocable ; but it is beyond question that a hope was held
out to him by my minute of the 5th December 1872 that, if he continued to
conduct himself well, he would in all probability be allowed a pardon,
conditional on his leaving the country, so soon as he had served ten years of
his sentence.
" I think that this may fairly be held to have been tantamount to a
promise, contingent alone on the prisoner's good conduct in gaol ; and
that it was so viewed by myself at the time, and by the honourable the
Colonial Secretary subsequently, is apparent from my minute of the 7th
December 1872, in which I stated— 'I have already decided to grant a
conditional pardon at the termination of ten years' imprisonment ;' and
from the Colonial Secretary's minute of the 24th April last, in which, when
submitting to me a petition for Gardiner's unconditional release, he observes
— ' The prisoner has been authorised a conditional pardon, the condition
being exile.' The Sheriff, too, obviously viewed the matter in precisely
the same light, and referred in his letter of the 21st January 1873, and
in his minute of the 20th April 1874, to Gardiner's case as one that had
been practically decided and disposed of.
The Prerogative of Pardon. 453
the attacks made upon it by gentlemen like Mr. Alexander Stuart.
It has been defended with conclusive argument by the Governor
himself in his despatches to the Secretary of State. But it is
" I may mention that it has been the practice here for many years for the
Governor, when dealing with applications for mitigation which have
appeared premature, to fix a date at which the case might again be brought
under his consideration. Hopes so held out have always been regarded by
the prison authorities, and by the prisoners themselves, as equivalent to
promises of pardon, conditional on good conduct ; and in every such case the
expectation so raised has been, I believe, scrupulously fulfilled. I remember
0!\e case in which Sir Alfred Stephen, as Administrator of the Government,
intimated to one of the most prominent and daring of the bushrangers that
his case might again be brought forward for consideration as soon as he had
served seven out of the nineteen years to which he had been sentenced.
The papers came before me at the time specified, and, as the case appeared
to me a bad one, I declined to sanction any greater remission tharj that con-
templated under the general regulations for bushranging cases, unless Sir
Alfred Stephen's intimation was held to be a promise. I was informed by
the Sheriff that this was unquestionably the view in which the decision had
been looked on in the gaol, and I accordingly authorised the prisoner's
discharge on a conditional pardon four years before the date at which he
would have been eligible for exile under the special mitigation regulations
laid down for such cases.
" Of course I am aware that, under certain circumstances, it might be wise
and proper to withhold the fulfilment of such promises, whether positive or
implied. For example, a promise given under false representations would
not be binding ; and a promise to release a prisoner which it was subse-
quently found would, if carried out, imperil the public safety, should be
cancelled. The practical question for consideration in the present case is,
therefore, simply this — Are there any such grounds that would justify me
in now withholding the conditional pardon which nearly two years ago I
led Gardiner and his friends to expect that he might receive about this time ?
" I have seen it urged that Gardiner's case was decided upon false repre-
sentations — it being alleged that some of the signatures attached to the peti-
tion were forgeries, and that there was a previous conviction against Gardiner
in Victoria which had been concealed. But I think these grounds, even if
they were facts — which they have not been proved to be — would be quite
insufficient to release me front my implied promise. In a petition so numer-
ously and influentially signed, a few signatures more or less of persons of
whom I had no knowledge would have been immaterial ; and I cannot say
that my decision would have been different if it had been stated on the
papers that, before Gardiner commenced his criminal career in New South
Wales, he had been convicted in Victoria of horse-stealing in 1850 — nearly
a quarter of a century ago. In view of the grave character of his crimes in
New South Wales such a comparatively minor offence would have appeared
insignificant. I must, therefore, as I have said, dismiss these pleas as insuf-
ficient.
454 Appendix A.
quite clear that even Mr. Robertson, with all his lynx-eyed watch-
fulness for favourable points of attack, saw nothing very objec-
tionable in this minute until he became aware of its effect upon
" The question remains — Would the public safety be in any way jeopar-
dised if the expectation held out to Gardiner of being allowed to exile
after ten years were now fulfilled ? I think not. Sir Alfred Stephen
observes, in his letter on Gardiner's case, that ' the end and object of all
punishment are — first, the preventing of the individual, and secondly, the
deterring of other individuals, from the committing of similar crimes.'
Have these ends been attained in the present case ? I think they have.
The sentence of thirty-two years passed upon Gardiner was imposed at a
time of great excitement, and his punishment would seem to have been
measured more in view of the crimes with which he was supposed to have
been connected than with reference solely to those of which he was actually
convicted. It was probably never intended that such a sentence should be
served in full ; and, looking dispassionately at all the circumstances of the
case, I consider that ten years of rigorous penal discipline within the walls
of a gaol — the first two years in irons — followed by expatriation for a
further period of twenty-two years, is a punishiment amply sufficient to
satisfy the ends of justice and to deter others from following Gardiner's
bad example.
" Whether Gardiner's apparent reformation is sincere is a point which
time alone can determine. I am myself disposed to think that, after the
experience he has gained, and under the altered circumstances of the colony,
he might be released even in Sydney without any substantial danger ; but
there are many persons who apparently think differently, and who believe
that if Gardiner had an opportunity he would revert to bushranging ; and
these fears, which are entitled to consideration, have been aggravated by a
few isolated robberies which have occurred just at the time when this case
was attracting public attention. Assuming, however, that these appre-
hensions are reasonable and well-founded, it appears to me that they are
fully met by the condition of exile, which the Government will of course
take effectual means to enforce. A legislative enactment authorises and
empowers the Government to take the necessary steps for this purpose, and
none of the old and settled counties will offer opportunities for the peculiar
crime of bushranging, even if Gardiner were disposed to revert to it. I do
not think that sufficient weight has been allowed throughout the community
to this condition of exile which it is intended to attach to Gardiner's
pardon, and which supplies, in my opinion, effectual security for * pre-
venting the individual from the committing of similar crimes.'
" The end and object of all punishment would therefore seem to have been
secured by the course which it is proposed to adopt in the present case.
The prisoner has, I hold, been sufficiently punished, and he can, I conceive,
with safety be set free upon condition of his leaving the country. If, while
entertaining as I do these opinions, I were to break faith with the prisoner,
and retain him in gaol beyond the time specified for his liberation, I should
be doing so, not because I think such a course necessary, but simply in
The Prerogative of Pardon. 455
the heated feelings of less intelligent persons. The minute was
laid on the table on the last day of the session t, June 25 th. The
next session commenced November 3rd, when the minute had been
before the public more than four months. Mr. Robertson did not
fail to attack the Government the moment the House met, but the
Governor's minute on the Gardiner case did not form one of his
grounds of attack. He submitted an amendment on the address,
censuring the Government for not calling Parliament together at
an earlier date, for its conduct in the matter of the Pacific Mail
Service, and for other matters ; but his motion contained no
word of censure on the Governor's minute. On this motion
of censure Mr. Robertson was beaten by 37 to 13, showing
with sufficient clearness the feeling of the Assembly on the
general policy of the Government. On November 25th Mr.
Combes brought forward a resolution condemning the Governor's
minute, which was substantially copied by Mr. Robertson as his
amendment on the address in January following. The House
divided, with 28 to 28, Mr. Combes' motion being again negatived
response to clamour which I believe to be unreasonable and unjust. It is
indispensable for the maintenance of prison discipline that every hope held
out to prisoners should be scrupulously fulfilled ; that every promise made
or implied should be held sacred, or broken only on grounds the sufBciency
of which would be apparent even to prisoners' minds. I can see no such
grounds in the present case, and I am convinced that the moral bad effect
upon the whole body of prisoners throughout the colony, as well as upon the
community generally, which would result from disappointing without suffi-
cient reason an expectation raised by Her Majesty's Kepresentative, would
be infinitely greater than any practical inconvenience which would be likely
to result from keeping faith with the prisoner, and allowing him to leave
the country.
" For these reasons I think that Gardiner should receive a conditional
pardon at the time when he was led to expect one ; and that the
Government should at the same time take steps to secure, as far as
practicable, the continued absence of the prisoner from the Australasian
colonies during the unexpired term of his sentence. I am sorry to think
that such an exercise of the Royal prerogative of pardon is unfavourably
regarded at the present moment by certain sections of the public, but it
appears to me that the course which I suggest is the only course now
open to the Government consistent with honour and justice, and I confi-
dently anticipate that the fairness of this view will eventually be
acknowledged by all impartial and reflecting members of the community.
" Hercules Robinson.
" Government-house, 23rd June 1874."
f The dates will show that it could not have been produced earlier.
45^ Appendix A.
by the Speaker's casting vote. Ministers could not regard this
decision by the vote of the Speaker as they regarded the decision
of June 11th. The terms of the motion, and the course of action
virtually marked by disapproval, were wholly different, and
assumed more distinctly a political complexion. We could not
hope after this vote to conduct business in the Assembly with
satisfaction, and we therefore advised the Crown to dissolve the
House, which in any case was approaching, under the new Trien-
nial Act, the end of its existence.
The general election that followed resulted in the return of a
large majority of members who either openly approved, or abstained
from expressing disapproval, of the general policy of the Govern-
ment. The new Parliament met on January 27th 1875, and Mr.
Robertson, having learned a lesson from Mr. Combes, abstained
from attacking the Government on general grounds, but moved an
amendment on the address in the following words : —
" We would desire, with reference to the important matter which led to
the dissolution of the late Parliament, most respectfully to express our
regret that your Excellency's responsible Ministers should have advised you
to communicate to the Legislative Assembly your minute to the Executive
Council, dated the 23rd June last, with reference to the release of the
prisoner Gardiner, because it is indefensible in certain of its allegations, and
because, if it is considered to be an answer to the respectful and earnest
petitions of the people, it is highly undesirable to convert the records of
this House into a means of conveying censure or reproof to our constituents ;
and if it refer to the discussions in this Chamber, then it is in spirit and
effect a breach of the constitutional privileges of Parliament."
Thus, the Governor's minute, which had been entirely overlooked
by Mr. Robertson in the beginning of November, was in January
made Mr. Robertson's battle-ground. It was decided by my
colleagues, contrary to my wish and advice, that I should follow
Mr. Robertson in the debate. No other Minister spoke, nor was
any motion for adjournment proposed. The division was taken
before midnight on the 28th, and in a House of 62 members the
Government was defeated by a majority of four.
The defeated Ministers did not wait for any further expression
of the feeling of Parliament, but on the next day our resignations
were tendered to the Governor, who, however, declined for several
days to accept them. His Excellency very naturally felt aggrieved
by the words in the amendment which declared that his minute
was " indefensible in certain of its allegations." The address as
amended was presented by the Speaker, no motion having been
The Prerogative of Pardon. 457
made for its presentation by the House. On February 2nd His
Excellency sent down by his aide-de-camp the following message
in reply : —
'* 1. The Governor, having been precluded by the mode of presentation of
the address of the Legislative Assembly in reply to his opening speech from
giving his answer in the usual manner, deems it respectful to the Assembly
to do so by message.
" 2. He acknowledges with satisfaction their expressions of loyalty to Her
Most Gracious Majesty.
" 3. He cannot, consistently with his duty, acquiesce in the statement
that a minute laid by him before the Executive Council was indefensible in
certain of its allegations. As ultimately responsible for the exercise of the
prerogative of mercy, the Governor claims for himself unreserved freedom of
communication with the Executive Council while seeking its advice, and
he cannot admit that the minute, viewed in that light, was not entirely
justifiable.
" 4. While thus asserting the constitutional rights of the office which he
has the honour to hold, the Governor trusts he will ever pay the fullest
respect to those of the representatives of the people, and he therefore, with
this qualification, is prepared to accept the decision of the Assembly.
" Government-house, Sydney, 2nd February 1875."
The Governor in the first instance entrusted the formation of a
new Administration to Sir William Menning, and it was not
until Sir William returned his commission, on February 5th, that
Mr. Robertson's services were sought by His Excellency. When
Mr. Robertson attended at Government-house, in obedience to the
Governor's summons, the following memorandum was handed to
him at the same time that he was asked by His Excellency to
undertake the task of forming a Ministry : —
" Memorandum by His Excellency the Governor for Mr.
Robertson.
" I desire to point out that for any delay or difficulty connected with the
formation of a new Administration I am not responsible.
" If the amendment to the address had stopped, as I think it should have
done, at the end of the first sentence — expressing regret that I had been
advised to lay my Executive Council minute upon the table of the House —
all difficulty would have been obviated. I should, in such case, have
accepted the resignation of Ministers, and probably at once have sent for
Mr. Robertson to form a new Administration. I should not myself have
concurred with the House as to the impropriety of the step censured, or as
to the importance attached to it ; but my own views on these points would
have been immaterial. I should have recognised the fact that the matter
was one upon which it was competent for the House to hold and express its
own opinion, and I should at once have proceeded to give to that opinion its
intended constitutional significance.
45^ Appendix A.
" But the amendment went further, and proceeded to give reasons for
the regret entertained by the House, which it was quite unnecessary to
communicate to me. The first reason advanced was that my minute to the
Executive Council was indefensible in certain of its allegations. It
appeared to me that this was not only a personal imputation upon myself,
but an invasion of the constitutional rights of my office ; and that the
Legislative Assembly were not justified in presenting to me an address
couched in such terms.
" My difficulty was increased by the unusual mode adopted by the
Assembly as regards the presentation of the address. It has been the
almost invariable practice for the Legislative Assembly to attend at Govern-
ment-house with the address in answer to the Governor's speech on
opening Parliament, to which the Governor has been in the habit of giving
a verbal reply. On this occasion the course adopted left me no alternatives
but silence or a message ; and I had no opportunity for the latter subse-
quent to the resignation of Ministers, which took place late on Friday, 29th
January, before the following Tuesday, th^ 2nd February — the next day
appointed for the meeting of Parliament.
" When, therefore, the Cabinet tendered their resignations, I felt placed in
a position of unprecedented difficulty ; for, whilst I was prepared to give
effect to the implied wish of the Assembly as regards a change of Ministry,
I was not prepared to pass over in silence an encroachment upon the pre-
rogative of the Crown. But I could not accept the resignation of Ministers
until I had placed the fori|iation of an Administration in other hands. If
I had sent down my protest against what I conceived to be the unconstitu-
tional part of the Assembly's amendment before accepting the resignation
of Ministers, my readiness to acquiesce in the decision of the Assembly upon
that part which was clearly within their constitutional rights might possibly
have been called in question. If, on the other hand, I had sent for Mr.
Kobertson, and entrusted to him the formation of a Government, and then
sent down my protest to the House, Mr. Robertson, and probably the leading
Members of the Opposition who had carried the amendment, would have
been absent from their seats. It appeared to me indispensable that the
leaders of the party who had carried the amendment should be present in
their places and free to take what action they pleased when my message in
reference to the amendment was read to the House.
"A fair escape from these several difficulties presented itself in the
selection of Sir William Manning, a distinguished member of the Upper
House, to form a Government. Sir William Manning's ability and character,
and the high respect in which he is held throughout the entire community,
appeared to fit him especially for such a position. He had been associated
with Mr. Robertson in former Administrations, and he had been designated
by public rumour as one of the leading members of a new Government, in
the event of Mr. Robertson being entrusted with its formation.
" Besides, apart from the special reasons which led me to ask Sir William
Manning to undertake the responsibility of forming an Administration, the
plan seemed to me to offer the best possible chance of forming a strong
Government. It appeared to me that, supported as I thought he would
The Prerogative of Pardon. 459
have been by the leading members of the Opposition, it would have been
possible for Sir William Manning to have united under his leadership a party-
able to carry on the Government of the country with vigour for a lengthened
period. I have been disappointed in the experiment ; but, looking to the
state of parties in the Assembly, the narrowness of the late majority, and
the exceptional character of the question which resulted in the present
crisis, I fail to see that there was any arrangement which held out a better
prospect of success — viewed solely in the light of the public good. I do
not regret, therefore, having made the attempt.
" With these observations, which are, I think, called for from me nnder
the peculiar circumstances of this case, I am prepared to give effect to Sir
William Manning's recommendation, which is that, as he has failed in
obtaining the help he anticipated, I should now send for Mr. Kobertson.
**Hekcules Robinson.
" Government-house, Sydney, 5th February 1875."
Under these circumstances Mr. Robertson came back to office in
February 1875, having succeeded in converting the Gardiner case
into a lever to displace a Government, respecting whose general
management of affairs there was no evidence up to the last that
the country disapproved. "With him, and by the same means
also, came back — one as Attorney-General and the other as
Colonial Treasurer — Mr. Dalley and Mr. Forster, who had been
the most active influential agents in obtaining the mitigation of
Gardiner's sentence. The change is unique, and it is to be hoped
will not soon be paralleled- in the progress of responsible govern-
ment in the Australian colonies. Yet it cannot be denied that
Mr. Robertson and his friends are in one sense deserving of the
prize which, after so many desperate efforts, they have at length
grasped. No men ever strove more laboriously, or hesitated less,
in their sacrifices to obtain their object.*"
It may be doubted still whether this noble struggle for office will
prove an unmixed good to our political institutions. Precedents
may possibly be drawn from it hereafter to justify unlooked-for
courses of action. It is difficult indeed to foresee what resistance
to majorities, what abuse of Parliamentary forms, what desperate
use of favouring chances, what bold repudiation of one's own incon-
venient words or actions, what reckless misrepresentation of others,
what wholesale traffic in calumny, what systematic waste of public
time, could not be supported by the examples afforded by Mr.
* In a marked manner the tactics of the Opposition to the Parkes Adminis-
tration in the session of 1873-4 was to occupy time so as to render the
progress of public business next to impossible. Four of the present
Ministers during that session made no fewer than 1800 speeches.
460 Appendix A.
Robertson and some of his present colleagues when lately in
Opposition.
One word as to the predicted consequences of Sir Hercules
Robinson's decision in Gardiner's case. Have any of the evil
prognostics been fulfilled 1 Has bushranging been encouraged into
fi-esh life 1 Has crime erected a more defiant crest 1 On the other
hand, has any clearer or safer rule of criminal treatment been
established by the intemperate agitations which Mr. Robertson did
his utmost to keep alive till his end was answered 1 Has he in any
way contributed one jot of wisdom towards the settlement of the
difficult question of prison management 1 Is it not a fact that Mr.
Robertson's Government, during the eleven months of its existence,
has released prisoners whose cases are worse than the case of the
prisoner Gardiner ? On the whole, the result proves that the
Governor's decision to allow Gardiner to exile himself, in considera-
tion of his ten years of good conduct in a close gaol, was well-judged,
sound, and wise.
HENRY PARKES.
Sydney, January 4th, 1876.
APPENDIX B.
APPOINTMENTS TO THE MAGISTRACY.
[As the Donaldson Ministry of 1856 now belongs to history, there
can be no objection to the publication of the following correspond-
ence : — ]
Private and confidential.^
Colonial Secretary's Office,
Sydney, June 1856.
Sir — As a new Commission of the Peace is about to be issued,
it is desirable to make it as complete as possible by appointing
only the very best men as magistrates, and such gentlemen only as
are/^, proper, and of undoubted honour and respectability. In this
I am quite sure you will agree with me, and as you must have an
intimate knowledge of the resident gentlemen in the district you
represent in Parliament, may I beg that you will be so good as to
favour me with the names of the persons whom you would
recommend to be appointed magistrates %
Appointments to the Magistracy. 461
All the present justices whose characters and conduct are
unimpeached, and who have manifested a disposition to give a
reasonable amount of time and attention to the discharge of the
duties of their offices, will probably be included in the new com-
mission ; but all unfit and improper persons will be silently left
out, and will thenceforth cease to be qualified as magistrates.
Any communication you may make will be considered by the
Government as strictly confidential.
I have the honour to be, sir,
Your most obedient servant,
Stuart A. Donaldson.
Henry Parkes, Esq., M.P., Sydney.
Private.] Hyde, June 30th 1856.
Sir — I beg to acknowledge the receipt of your communication
marked " private and confidential," informing me that a new
commission of the peace is about to be issued, and requesting that
I will favour you with the names of the persons I " would recom-
mend to be appointed magistrates /' and, further, intimating to me
the considerations that will guide the Government in re-construct-
ing the commission.
In reply, I have the honour to state that I do not feel at
liberty to make any recommendation in a matter of such grave
concern to the public welfare, wherein, it appears to me, the
Government should act without being influenced by parties who
cannot share their responsibility. I have always held the opinion
that great mischief resulted from recommendations of this kind
being made by members of the Legislature. In some instances I
have witnessed the pernicious eff*ects where members of the
former Council recommended their friends for the commission of
the peace in order to secure certain interests in their constituencies,
and not on account of any visible merit in the persons so recom-
mended; and I have heard the late Attorney-General, Mr.
Plunket, openly and repeatedly declare that the worst magis-
trates were those who had been recommended for appointment by
members of Council. I do not see how it could be otherwise ;
for I am sure it will not be denied that some members of the
present Parliament are qualified for the performance of any duty
rather than that of selecting men to administer justice in our
inferior courts, where the utter friendlessness in some cases, and the
462 Appendix B.
deep villany in others, require a painstaking and penetrative
intelligence not less than a calm integrity of purpose in the
magistrate.
I assure yon I most cordially agree with you that the " very
best men" should be appointed to the new commission. This is
demanded equally by the interests of justice and the honour of
the country. But were the Government to employ the means
within their power for obtaining a correct knowledge of the
character of gentlemen in the various districts where magis-
trates are required, without reference avowedly to any appoint-
ment or affording any clue as to the purpose for which the
information was sought, I honestly think they would be enabled
of their own exclusive action to make the "very best" selection
that could be made under the circumstances of the colony. The
course now proposed to be pursued will probably lead to this
result — that while the better and more independent members
decline to interfere, those who have their little private ends to
answer will freely avail themselves of the opportunity held out to
them; and thus the public will get the ascendancy of a very
undesirable kind of counsel.
These remarks I fear will be deemed gratuitous on my part ;
but the suggestions I have ventured upon will at least show that
I am not actuated by any political feeling, nor desirous of throwing
any impediment in the way of the present Grovernment.
I am, sir,
Your most obedient servant,
Henry Pakkes.
The Honourable Stuart A. Donaldson, M.P.,
Colonial Secretary.
APPENDIX C.
APPOINTMENTS TO THE CIVIL SERVICE.
[The following letter was addressed to a gentleman occupying an
elevated station, in reply to a note transmitting to Mr. Parkes a
testimonial in favour of the promotion of a member of the Civil
Service : — J
Appointments to the Civil Service. 463
Colonial Secretary's Office,
SOth May 1868.
My Dear ***** * — I have your note respecting Mr.
*******, and have read the paper in his favour signed by
gentlemen resident at ***** "^ *. My experience tells
me that testimonials of this kind can be obtained by any public
officer whose personal qualities are even negatively good, and that
persons in authority cannot be guided by less safe evidence of
fitness for duty. No constable is dismissed who does not produce
a number of gentlemen who will testify to his good character.
If the public service is to be raised in efficiency and economy,
the considerations thxit ought to he forced on men in office, whoever
they may be, are : —
1. What does the public require in the situation for which
this salary is paid 1
2. Who is the best man to do what the public requires 1
So long as we consider the interests of the applicant before the
interests of the public in filling situations, so long will the public
who pays be served badly and at unnecessary cost. For myself,
the longer I remain in office the more I am determined to act on
some such principles as I have indicated. I have no friends of
my own whom I wish to serve. Why should I disregard my own
judgment in serving the friends of others 1
In the present case these gentlemen would act more to the
purpose if they could show in what way the transference of
]y[j,_ * * * ♦ >!c ;;< >ic ^Q some other situation would increase
his usefulness. Not one of them, I apprehend, would take him
into his own service at a higher salary and with lighter duties.
In England an order has been issued by the Lords of the
Treasury against persons in the public service seeking to use this
kind of influence on their own behalf. It is pointed out very
justly that either they are not prepared to rest their claims upon
their merits, or they suppose that the heads of departments will
be open to considerations apart from the public interests.
You have frequently yourself made observations reflecting on
the manner in which appointments have been made in this colony.
But I think you would find great difficulty in pointing out ^ny
situation for which Mr. ******* is specially fitted in the
sense of best serving the public. Say the Customs : the public
ought to have young, vigorous, active men in every branch
464 Appendix C.
of that service. In my judgment the time is come when the
public service of this colony ought to assume the character of a
profession, and only young men ought to be received into it, who
should all have a " fair field " to work themselves up through the
varying ranks of official employment.
I hope I shall not be misunderstood in what I have said. I
certainly have no feeling adverse to Mr. * * -f * * * *^ and shall
be glad to see him receive any appointment for which his capa-
bilities really qualify him.
Yours very truly,
Henry Parkes.
Mason, Firth & M'Cutcheon, Printers, Flinders Lane West, Melbourne. ^ i&
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