be - parliament.vic.gov.au€¦ · potlllds quall.fiftati·on for m embership of the tenant...

2
: n:n rks, r to t he nst .• and 1 to and the the l, we iews the , but 1g is L ious :;i C'O.S llf at '0 lb. way, o the THE LEGI SLATIVE COUNCIL. what the Government paid for the Duke signed by Dr. eighty-five others, On the 20th January, 1851, the by lfr. William Rutledge of seat in the of Marlborough's yaaht, and what use was and the other by Mr. Furlonge and eighteen Superintendent wrote urgently that he ·con- lfoutie a• an elective member. · A G 1 1 w fi 1 t · 1 th t b · d d th· h. Mr. GRIFFITH presented a petition from to be made of it, the uc Ltor- enera ot 1ers. 1 e nc, cer am y, a anum er Sl ere IS IS "imperative duty." On llir. A. Ffrench, prayi ng that the Scab Act replied that £3000 were paid for it, and that of squatters had an audience with the the lOth Mar ch, 1851, the Colonial Secre- might not be until the country was it was to be applied to the service of the Lieut enant-Governor on 3rd August, and tary of New South. Wales transmitted fully apprised of iis prmisir•ns. Govcmment in the Bay. that then they brought forward the ir must him the Crown l awyers' opinion, shewing THE ASSAY OFFICE. Petl .t 1 · 0 ns "'ere pr·esented by Mr. Good- elaborate ,arguments, ovident ly fr om the him a mode of · t h. Captain DANE gave notic' for to-morrow .. " · .. ' carrymg ou IS (this day} of a question to the Auditor-Gener al man, from 204 merchants of Mel bourne, in pen of Dr. Palmer, with whom Lord Grey's impe rative du ty. On the 1st Jul y, 1851, as to the number of ounces of gold aSI!ayed in favor of the Compulsory Sequestration despatches continued to be a standard he became Lieutena nt -Governor of Victoria, the Assay OflLe between the lst and the 15th Bl .ll no'w bocore th e House·, and . by authoritv-, until the whole .,o-ross fallacy was with f! l t t d h. d instant. ,. ,, J' 5 1 grea er power 0 0 IS n ty. On the motion of the COLONIAL SECRE- Griffith, from Mr. Ffninch, against the ex posed mnny months ago in this journal. On the 6th September, 1851, the gold- :rARY, the val'ious orders of the day stand- Scab Act Amendment Bill. Supposing these argumen ts to have had fields at Ballaarat were discovered, and his mg before that tor the New Constitution Bill The SrJeak er announced the r esignation any effect . on the Governor':! mind, (which du ty became ten thousand timeil mo re "e ·e P 1 stpo_ned to 'l'uesd&y and Wednes: nbxt, w1th the exception of the follow- of Mr. Rutledge as a member of the indeed is impossible,) it must have been imperative. On t he 1st Octol 1er , 1851, he lllg :- ' Co1 mci l. completely counteracted by the very strong became doubtful about h is p ower to do his ASSESSMENT ON STOCK 'J.'he Bills transmitt ed on Wednesd ay by opinion of the law officers, the chief of duty, and asked the opinion of t he squat- On the motion of the COLONIAL SEORE- h TARY the m es!age of the Lieutenant-GoYer- His Excellency, namel y, the Assessment them a squatter, on the 18 th of t e same ter Crown lawyers. In October, the nor, transmitting the Eill for the assessment on Stock Bill , the Pr eferable Lien on Vvool month . Mount Alexander diggings were di,;covered. of stock, was taken into consideration. The Bill, the Oust' ms Act Amendment Bill, On the other hand, public meetings of Thesi are in the unsettled districts, and the was read a first time, was ordtr ed to be f '-'' lb G 1 d d pnnted, and to be read a second time on W cd- were read a first time. the inhabit (l.nts o .u1.e ourne, ee ong, an uty bec(l.me overwhelmingly im perat ive. nesday next. The House th en rest1med consider ation Kyneton, strongly remonstrated against Nevertheless, urgent though he ought to PREFERABLE LIEN ON WOOL of the New Con3tituti on Bill. the iniquity of the squatters' demands, and have been, the squatter lawyers could not On the motion of the A'rl'ORNEY-GENE- Mr. Fawkner proposed to constitute two their repudiation of the 9th section. be prevai led on to give an opinion till 12th RAL, the message of t he Lieutenant-Governor hun(lred electol ·s, the minimum number in On lot 1(n 0 o- carefully, however, throullh J 1852 Th t · · bl transmitting "AJ:lill to Give a Preferable Lieu anuary, · a 0p1mon was avora e on Wool fmm Season to Season, and to make each di strict, but was not agreed to. He the various documen ts, we see n o- to the exercise of the power granted in the Mortgages of Stock y alid wit hout Delivery ," proposed also to strike out th e two thousand thing to justify the opinion of the Lien- 9th section, in cases where cultivation taken into conui deration and the •:1> Potll lds quall .fiftati· on for me mbership of the tenant Governor that th ere was any wri ous allotmants were "abs 1 t 1 · d " Bill having been read a 'fin,t time w 0 u e Y r eq mre 1 was ordered to be printed and read a Lower House, but it was negatived without difilculty in settling the question on the or whe-re there \Vere "present and time on Tuesd•y. a division. srot. The settlers 'vere exasperated on pressing public requirements." There THE CUSTOMS. On the motion of the Attorney-General, account of the delay in issuing the ir leaoos, aurely could be no doubt of such On the motion of the COLLECTOR of th I · · f I t " th d th l b. ct d t 1 · requirements, t"f "---' t CUSTOl\fS, the Liou t.enant-Uovernor'• rnes- e cause rcqmnng o e ec ors 10r e an e peop e o Je e o suo 1 1ssne, uvu waa no sag" tmnomitting a Eillto amend the Custome Lower Hon se twelve months' residence solely because tJ1ey be1ieved that t he raised on tlle spot, it W :>i'l known to be Aet, was taken into considera&ion. The Bm "next before the . last registration of elec- Lieutenant-Gqvernor intended. to ignore almost impossible, witho ut roads, to convey was read a first time, was ordered to 1<>6 tors," was struck out. On the motion of the ninth section. it from MelbO'mne during the- winter. T he printed, and read a second tmo on 'Ved- ncsday next. the same hon. gentleman, the clause re- With refere nce to the s quatters, the opini on was long del ayed, yet comi ng as if NEW CONSTI TlJriON EILL. slricting the franchise connected with oc- Liel!l tenant-Governott himself admits th at from the squr:tters' own couDsel, it was On the order of the day for the re·eommittaP cupancy of the Crown lands to those the extension of the pre-€mptive ri ght !l>trongly decisive, and if ac t ed on, of P ayin.,cr " not less than ei, crht was \)Ver the whole of t h eir. runs was neit her p:;vrt of the eTiil.s mi.,crht still h sve been The petition of Bright s.nd othel'8, of Gedong, was, on the- moliol!P of Mr al so struck out, after a divis ion and a sti.ff' asked for nor dreamed of by any On Betwee}!l, J ant\ary, and An- l:lTRACHAN,, read b;y ihe clerk. It prayed opposition from Dr. Gr eeves, on the-grC'und the other hand, it is equally ccl1lG¥in that if the l atest :month for sowing grain, the re!I10val ot · the h1gh proper ty q;ual4fication. that it would enable an ttnscruptl'Jous the Li.eutenant-Govetnor ha;d; frankly there was time to mve put in a good cr OjJ, for members of the Uppel' .House, the 1.holition of State aOO. to religiou, and of the twc.·thirds minister of the Crown to manufactnre adop ted t he syst em ®f making rrese rves, and' then the responsibility would have been majority being necess&y for all &rganie electors in any quantity. Tbil· l'lpposi tio- n and exer cised his undou1 bted poww to se ll taken< in part from tli:e-Lie ut ena nt-Go'l"crnor. ohang<>s ia th e Con·titntion. to the d ause enf ranchisi ng sa]aty-holders lands as were requiPed by the· public, On 3r<!l J nne, 1852, w8'find him, in a by 'l'he Bouse then went inflo comm.ittee-Mr. n1 d tl h CH · 1 S Snodgra sin the chair. of £100 and upwa s, was ren ()'We on 1e : as was in New Sou th Wales;. there t e o oma ecret:wy t o Mr. Furl bnge, 7, providing for the election•o:f the ground that it W<'lm!ld add 300 Govcrmc would not h ave been a on thG: part again !l:Bsert his power to offer for sale· any th? Opper H ouse, was agreed to m ent cleFl!;s to the electoral rolfl ! in Mel- , of the pub l i-e. portion of a squ atter ':t licensed run, .. in \1 Hhout dJS.llti810n. bourne a'l0ne. The dause, how was In order, if possible, to increasg th@" re- the unoot tled districtS'r which h e mii!:ht On clause l2, which was as follows - The L egi.slatttve Assembly of i:the colonv of. ·ret ai ned, and a proviiso r estricti llllg it to sponsibilit y ofl'the Licutena!.ilt-Governor a nd censider ,. . fi t for agri cuHural or ot her pl!lr· tol'ia •hall con'!ist of sixty membe,.,.,,to be 'electoo as tl h Were not "'o e t ffi k h. tl l t--' poses." In Au,o-ust, not'·z·nn hn:d hereinafter provided; and for the JlUl'pose of returning. \• lOSe W !:> u V rnmen 0 cers u!> m(l. ·e IS 1e nw re Comp e o:ny . ,. tv such members, tl\e said colony shall be divided into was rej ec!iecl.. The for inexcusable, whave to notiee a documeNt b een done: The duty" wr.'.l Electoral Distric:S, as set fodh in the schedule here- . . unto annexed, eao:111 of which districts shnll return t!te arising from hold ing G'tlVem- by certain members of the· Legislati"e : still A opmi on wa& uumber of members set against such. di•tricts rcs 1 ,.0_. ment contn,cts was to both CotD. ncil. ' Ve extract from t'tis clocumen>t , taken from• t:he Crown l awyers. This was _ FAWKNER moved the add ition of a' }louses. T.!A'C clause req ui r ing members the following sen.iences, as shewing in the still more decided ; the imperative duty · proviso to the < !iect that tlilere shonld not be· to J.lenew th eir declaration of bei ng duly mos\ forcible ma.nner the criU'..€ whi ch was ·was every cl3y becoming rr.;Ore uro-ent, and ' less than 200 e'o:ctors in each dii!tlict entitled• l .fi d · t 1 h · d d .. " f l to smd a member w the House. qoo 1 e eve'DY sesswn, was s rue c ll>ut.. committed by pllevious dela;y,. and the· t e m. epen ent members o The committee divided,· the 'l'fue clause relating to the duration of the for in stant action, i;n order to Council m the motit scHemn a'!aendment by 26 to 3, the minoliiy contiisting Legisl ative .Assembly wa& postponed prom<!l te the settl ement of the eolbny and language wliich it was J40Htiible to use, · ot Messr.s. Dane, and Myles. (lererence to "I .I 1fl uent i ··.q 1 · 1 b. t t f · ' avai·n st s -'!o u·nu t"- t t On olause 14. pmviding fo;· the qualification '' to sa¥e t 1e 1n1a 'I an s rom tmmensc " 1 "" \d o ano ,..,r au umn ° of members of the L;·gislative' Assembly memJbcrs" whO> were absenu_ This was not losses au.d grievous disasters, which after- pass, without "·bring ing into the mark et, (\ Lower House·}, quite pal atable· to some of the men:;.. w 1 1t1·ds wM·e experienced. land in the vicini ty of these gold-fields, Mr: FAvVKNER.mwed as an amendment bers prese nt, wm· divided tile House upon On $he 26th .August 1852 ei"ht days available for tillage." The · Lieutenant- out from the words . . 1 . . . ' ' " relatmg to the property quabficatwu of mem- l t. A c arose upm. the clause , before the · date of the despatch , 811under- ffi:lve rnor told them, and told' all the depu- bers, viz., a freehold of £.2000, or. £.200 a (35} confernng power upon the Governor ·mentioned' ge ntlt mM.I, membe r& of the tatione a nd m'elllorialists dur ing August, year. of reiur.ning Bills- with amendments. Such t Council , and representat ives of tnat he would proceed " uritit· the fonna-· Mr. O'BRIEN l>j?posed the amendment be- a pO'\ver was condemned aa unconstitu- l iarge consti tuencies, audressed a. note to tiVn· of the ?·ese/ 'Pves," and "in confO?·mity ought 00 have a t ion21l 1 ; though, a& the Attellllcy-General the private Secretaryr r.cquesting an · inter- 11rilh the power, which Tconstdh1· tl!e Lieut .- Mr . ll'AWKNBw-anted the poor man to said. i:t was very- difficult what v. iew, foD thi following amoHg.:. other (i;Jverno1· to po8lless, cause ·such portions of oo represented in the Houoo, because It wes was eons titutionali a:nd what v.<as n ot con- the Crown Land' comprised within these the poor who paid motit of the tues. T he rich would be sure to find repreHntati vtlll Rtituki:unal in thhi· colony.. Tlie Speaker ? •. To set forth the urgent !loml Instant nwessity for reser ves, as mi ght be clear1y· required for iU<the un •. t.r. any. circum.tme<s. • mond that the powe1• shoul c't be restricted up the ccunt.rr, the sale of agri nulturnl the public, and for t'he c:eneral advanta g:e ! . Ir. ANNAND ubse1•ved, thattornne•h 1 ·n 1 ·ftg lunds, in quantities commensurate with t he means, re· ....., ...... "" ,. , ... to Dills affecting imperial inter.e!tts, which quircments, nntl demands of• the coloni;ts, and more of the colony, to· be brought into the p&ld by tbe po r man as tues, t.wenty !hil- particnlarly with reference to the rnultitndes· ef onr ling• w•• naid by ri•·h man. f@ll , ob.) was negatived. 'llhe clause 11equiring a fellow countrymen who are now daily 1 muring.by ship- mnrket, without bei ng held subject to pre- Mr. MYLES ·advocatei the abolition of majoYity of two-thirds to alter the pro vi- to the fac t. emptive rig ht. " Yet wi thin one short prop <I ty as he believed iL s ions C>f the Bill it was p ro:pos6d to post- "'" r<>porl .ed to us, that there is on :we rag" one-half week, namely @nSeptemoer 3, 1852, calculatt d to exdudo able .'llld inte li- b . ' ·- ol' oun entire colonial population res ident xt the gold- " _, h ud gent poor men from the Hvuse. He should pone, nt Wlt ...... ut success. After an frelils,.and thnt during all the present winter this im- he uan t e a acity ancT the glar ing k like to •• Mr. Annand if he· were less attempt at discm;sin.,o- it, it was moved mense host of human beings has been exposed to an inconsistency to tell' Sir Jolin Pakin2:ton: '- 1 h ei<.penseoffa•om £80 to ...LOUeSt W aen e W.aS poor, than OOW When he and e:arri ed that the Chairman should of' tho ncccssa•ics or existence. lt is therbfure to be that the Law Officers of the Crown rich ? oceply deplored that the past autu mn W.:!.S sulfered to M AN ;:{AND d th " r eport which he dicll at a quarter go over ,wtlliJut bringing into•thc marht lands in tho professed to be q-ttite at' a lG-ss to app1·eltend' r. l nep Ie at at a .. events he to eleven o'clock.. vicini ty of these goltl.fieJW;, available for ti llage, in t'' . r .. , t' " t. .I' ti. was not so in!lependont then as !WIY. \'Vhen order that opportunities might ha1 ·e been afford ed there " 11 ' manner tn wmr;n tte J orma wn °J ne :he was a poor man he had no time to devote THE DESPATCHES ON '1"2E SQUAT- TING QUESTIO.N. Jus'l' as we had compl eted our r emarks on the Lieutenant-Governor's de;;patch to the Secretary of State, on the &bove question, and before we were enabled io publish our concl uding article, the answe-r by the Secre- tary of State to that despat<r; a has arrived i in the col ony. That answer the· ; question on an enti rely lfiew basis, a nd opens up a l arge fi eld for discussion as tothe terms of compromise and settl ement ' with the land monopoli :;. ts. Preliminary to thi s however, we thi nk it pr oper to compl ete our review of the Lieutenant-Gove:rnor's despat ch , and expl ain some points necessary to be known, in order fully to unders tand the desp{l,hch of the Secretary of State. Fum anything in the Governor's des- patch, or in the documents attachetl, it does not appear that :M:r. La '!'robe at- tempted to perfo:rm his self-acknowLedged imperati ve duty, to unlock the lands, till th.e month of J une, 1852. It appears that the Colonial Secretary, on the 5th of that month. wrote on the sub.}eot of re- serves to Mr. 'Villiam Furlonge. a squatter (he calls himself the largest) in the Murray District. Th is lett er is not given (and we wish some JIII.L. C. would m ove for a copy) in the appendix, but we l earn from a letter by Mr. Furl onge to the Lieutenant-Governor that in it "your Excellency assumes to the Lieutenant-Governor the power to offer for s ale any pGrtion of a squ atter' s licensed run (in the unsettled districts ), which your Excell ency may consider fit for agricu ltura l or other Immediately after the date of th at l ettor, there arose an immense agitation all th rough the country. The squatters assembled in fierci array and put in force every sort of influen ce that could be brought to boar on the Lie utenant-Governor. They sent him memorials, they sent him deputations, they called mee tings of their class and sent him very strong resolutions. We h ave : cargf u ll y pe rused a ll the do:cuffients which they put forth, for they are a ll car ef ully recordgd at the end of the Governor's : despatch, and we find a faet as· remarkable as any we h ave m et with, and which will be considered i ncr edible by f uture ge ner- ations. The squatters had actually the of rais iug grain and other necessaries f<w the use of the reserves alZ.uded' tb unde1 · the special con- to public affa.iril and i£ he had given up to rni"nihgpopul alion. bl . ft' · h Wshuii be happy to 'ho·assured· by HiS Excellency attacheil,. aan· be li eld Justified' by pu IC a au·s t at time which, he could not th xt another autumn wili' not be permitted to pass th t f th 9th ti f th 2 d properly spa1 :e fn;,m, his business, he should 'if" witllout the accomplishment> of this desiraiJ!e and neces. e en or 0 0 sec on ° e n not regard hnnself as an honest m•n. object. chapter of the Orllers in Council, if ques- . Th., amendment was negativ:ed without a It is represented to u3, that UIOuSR.nds of 0 11r fellow colonltts. many of whom ue attended b>-thei a · famil ies t ioned by the occupant. It may be, that division. and th..e· clause was. agreed to. at the gold. fie lds, are dail>y and waitiug an iil the older col'ony neither the OCCUI Jantl fifteenth. clause relating to the qualifi-. npporiunity of small secrions of land near cation of electors for the Lower Huuse was. these localitios, whereon bhoy might oreot homesieads, nor the public appear disposed to raise next. considered. antl poarsue gardening antll agri cultu11e. W• have, &c.. . <t U estion ; but of' t hl'.l I am certain, that The A'rTOR;:{ EY-GENEBAL proposed w, A .. THOMSON, possessing no wsuranC'€ that I holcr tlie- strike out the wor.ds requiring that the electol" J. S. JOHNSON, should be rc>ident in the co1.my " tor twelve HENRY MILLER, power to mtrslt8 it similCOlW86· IT COULD NOT, BE CARRIED OUT' IN ,?e:di before the reghtiation of:' w. WES'J'GARTri, THIS COLOl<l'"lT."· . Dr. GHEEVES 1v.as . opposed to the omis-- JAMIM F. STRACHAN, .l, J. CHARLF.S H. DlGIIT, It thus appears beyond all possibil1ty of ston. J. T. SMITH. Mr. ANNAND would restrict it tQ. The last acts oith.e· Lieutenant-Governmr question that Lli-e- Governor, in malting the mcnths. recorded, pr evious to the date of tli.e promi se to the d'cpubtion, th at h would The question was. put for retainin.... the- form reserves and sell l and, had no- inten- clause, which was. negatived bv 19 to 1-!. 0 d espatch, were a series of replies t E> 'rhe questi on was put ' fur six months.. addresses of the L egisl ative Council , aJ>!Jd tion of fulfilling that promise, ancl'i:t !snow being substituted. {or 12, which W<'.8 nega.- to th e various and Qertain, therefore, that the ul timate part ial tived without a division. 1 u •'· tt d 1 unlockin 0 "' of the lands which he-l':J..as since 'l'he ATTORNEY-GENERAL also. P.rt:l- on t 1e part 0• 1llie squ(l. e rs an peop e posed tQ omit the words which restl'icted, the, respectively. These replies were, M. the conceded Wll:l> caused by the a.gltation franchise connected with occupanay of tho- Lieutenant_ Go.ve·rnor states, to. ihis which was. liaised in the early pavt of last Crown. lands. to. those paying " not l eSt! tha.lil year ; tha.b then the Governor was literally £l:l ." Re thought that it should he in the e ect :- by •"'e tremendous · dem"'nstrati.on power of th.e Cou1leil to make the surn, le58. vr That as ti n"" must still elapse before leasoo ea n de- '' orr v more. finitively issue .. I sh 01tlcl , whilo ma king e.tfi1rt to f bl- · · t ' h t · comply witt• bll>e provisions of the OnleiS in ° pu l'C' opmwn ° pen onn w a ' In ll'fu FA WKNER oonsented to the om.i,SS:ion Counci l, and while proceeding witlo the preparation• January • 1851, he consi d ered ftis "impera.- and wi.sh.ed s":bstitu te the woads." payment for such yield to the of the 004lncil, and ti·ve dt•'y," and what 1 . 11 18 """he Sa! ·d COt!ld of h al f a years liCense by a He bring the whole subject under the attcntKm of the .&{i h d · · d " Home Gov.m11uent; concede to the applic,.,ts for lease, b · d a mquu·eu, sn that none of the ill the meantime, the privilege of purchas'ng under not e earne out. took out annual 111 was not pre. emptive right their homestead section, or other But after a ll he did allow another the ,;mount, but the princiyle the.y 1>l:>jected limited pornon of their run; proceeding wi'th. the .forma- to r rh c 1 . 1 8 ... tion qf thi- reoerres , under the 911• "aticr>of el.apter 2 qf autumn to pass. The were first · e ,o oma ecretarv· that <,. tile Orderi,. Coo• cil; and l astly,;,. co• if,..mity will• th• d · th G tt ofi}th A . 1 it made only 3s. 6d. of diiferet\'ce. An argu- powe•· wJifch I co"si'ler the T.ieutmar.t-!loo:emor to po!- announce In e aze 17 pn ' 0 ' m.ent Hke that cost Charles.L. his head. He sess. cause sueh portion• of tli e Cr01cn. land comprised and, so far as we can ascertam, the fir st q_:u.oted fl'om the history En<>l and to , ill us- within these rese1oves; as might be clear·itJ 1"ff]u irrd for t he 1 h o o 0) public and for the gmeral o.f the Colony, to be and sold in the of a gold- : t IS, _m the case ol; and the brouur.t mto the ma•·keJ, witl•out eil>g·held • ubject to pre- field was a few two..aere allotment s ai · • slnp mone)'. Wentworth ad Vl$ed tl 1 at Hamp- empt;>e n'y/ll. . . · . dieB should be whipped,. ip., order to bring him After laboring very h ard to conjure up Ilunmyong Ill the mooth of June . t<> his sens •· The Goveramoot here were. evidence to a h ew that til.ere was any rea- We shall t ake an early opportunity 0r pl:u-suing a similar sonable excuse for his temporisinc: and pointincr out the disastrous effects ' The COLONIAL SE.CRETARY saw :oo- · h " 1 d 1 . . _ '- .. parallel between ihtl two cases. He had no d il atory conduct, the Liii)utenant-Governor, ave resu t.e to . the colony anc Its 1 ' :_''tl\,bl!" in saying was t!'g_ht with good reason, still felt uneasy, and in tants from. th1s gross and contmuecl : nnd . that the c\ggers W0Ie wrong. Charles. the l ast p aragraphs of his despatch he tr eachery u pon ilhe part of the I. wtshed to take rn.oney illegally; but nQU1ing: Governor. o.f the kind was. here 'fh.o qpes- makes the followin g final effort to excuse twn was whetMr the d1ggers were to.obtsiiA himself:- the franchise on, easiar term2 than pec,- B I. 1 cannot conceal fmm myself, that in taking: these LEGI •LATIVE COUNClJl,,. pie. It said \hat the di ggers 'llcishecl 1o. stateme nts into eonsid..,.tion, Her Majesty's Go¥ern- 'l'i:iuraday, March 16th. f;et the and on the oth\lr hJmd, is ment may be d isposed to ask,- how it may oo that no The SpeakEr took the chair ai ten minutes was said tb..at tb.e:v. would not have i•. corresponding inconv-o»iences or difficulties to those h , l k here so strongly insisted upou, have been exl"'r ienced past t ree 0 O oc · Mr. M.YLES denounc ed the. system of in the adjacent or older colony 1 And tun>i'ng to the Tl!lE WESTERN PORT C0;.ffi DIS- taxation representatiO!il ,as a thing TRICT. which ao one would stand. He considered since separation from Victoria, wil:h resp'ct to Mr. GOODMAN the- Colonial Seer&- the u1nu·se pursued by the G0.vernment very the proposed i ssue of leases to the occu:pa.o.ts of Crown tary if it was t.he intention of the Govr, rn- unwise. lan ds for p astoral pur poses beyond the scUied districts; ment;. to throw open f0r the. bendit of the . Dt;. GREEVES was op,oosed to the ODl iS- and further, M•formation of er ten•ive '"''""''8J ;,. tl•e un- publi 0. the land Fuppose<l flo oont.,in coal n ea.r s1on. of the words. would $ettled, as wt!l eu: the inttrmediate district,- fee l dis(Josed "" .-xu to enquire, why the same cou rse and a si milar meas ur e Cape Patterson, in the viduity of Vl estern- confer upon any minister of the Crown tbe might not bave been pursued by Ule Government of port. power of making any nll_mhet of voters out of Victoria. ' The COLONIAL SE€RET ARY sa'd that the occupancy ot· 1 d ru h s2. My reply must l >rielly be, that it by M mel>ns th G . t h ·' d. . d h • . · "" an s. on. mem· fo ll ows that the rules and reg.Wtlons wh ich might bo ! 0 .a"' ·'l!tecte t .e1r bers did not see t hai, they did not understand found ta apply to the state of the community in No.w ' to the BllhJ eCt, wh1eh was, one of cons1derahle the import pf the clause. South Wales, where it is that the gt""' l> ' importance : and llhei < r present intention W88 Mr.' FA WKNER called attention to som& bulk of the ycall y good and «vailable land with!"' . a to sell a very la.r= ""'rtion of land in that of the provisos ol.the clause, as reasonabl e dtstance of t he ooast has b een al ready dis- rv y ou.w Jl08ed of by grant or sal&,. and where the pastOltab ln. neighborhood so. as to tnable pnvate enter- possibility of the coutingency apprehende • appeartobaln a grcatmeastll' e cnnH;ned to prise to raisll ih,e coals. He wished t he House Mr. HAINES was at a loss to know what dis tricts which for the present may be pas- to understan d that he di d not sort of delusion the hon. member for the cit;v the GoverD;went that that would be (Dr. Greeves} labored under. It was admitte·d ant respeci s to be so dtff'erently circumstanced. adopted. flotwithstanding that at preseflt it that the elcctord qualificatio11 for the Low6r 83. J.foreat er·, I rrmst remark tl\at the 1 11Ao· offiur.< of th• was their intent ion - the ebject being to House ".·as equival ent to univeisal suffrage, C 1 ·own of this colony pr/J{ess to be .. to C<J!Pr<- b}" 't •t• d hend the monner on which tAe frmnoti(Jlt of tht •·eserv" ensure pu 10 compe l lOll. . an prevent roo- and he did not see who c0uld be qualified in alluded to undO>' the special cond#!'ons atwclled, can be nopoly. the way apprehended who was not already hel<l juslifitd bPJ ths teuor of the Dth SecNon of tilt 2nd THE YACHT WYVERN. qualified in some other way As to the gold- C hMpter qf t!tt Orders in Council, if q11cstioned by t he C t • DANE t" th t 1 d. h ·d d 1 1 Trm Speaker took the ch ai r yesterday at ten minutes past three o'cl ock. _ a udaci ty to put forward as their argument, in all th eir d ocuments, that passage in Lord Grey's despatch in whioh he records his ex tremo anx iety respecting the d efinition of intermediate and unsettled lands, to prevent the lan ds being l ocked up from settlement for fourteen yeal'S. 'l'hi8 they held up with a triumphant air to tho Lieu tenant-Governor, as a proof that the lands ?vC'I·e l ocked up for fourteen years. But they altogeth er omitted to inform the Lieu tenant-Governor that Lord Grey spoke of the Draft Ng nlati<>n s, and they forgot to mention that, by the assistance of Sir Geor ge Gipps, and in a satisfactory maune1·, that is by introducing the provbions at tha end of the 1st and in the 9th sect ion, tho catas- trophe so devou tly desir ed by the squatters was caref ully provided agains t. ocr,upant. It may be, that in. lh• oidf>•colony ntillletthe ap aiD ' gave n C) ICe , a 13 Iggei 1', e CODSI ore t lat t l at question had occupa"t "or a .. publu appoar dhposed to raise tilt would to-monow ask the Auditor-Gl'neral been settled. qu .. tion; b"t of this I am < -e rtai• , that, possessing "" what was the price paid by the Government . Mr. ANN AND with many assurance that I hold till legal POliti' to p<trsue a $imila>' for the Duke of lli:itl-lborough's yacht 'i Vy vern; d1ggers, and he beheved them to be a quiet Mr. Goodman asked the Colonial Secre- tary if it was the intention of tho Govern - ment to throw open for the b enefit of the public the l and su pposed to contain coal, n car Cape Patterson; in reply to wh ich the Col onial Secr eta ry said that it was the present intention of the Government to sell l and in that neigh borhoocl ; so as to throw the coal-fi elds iut o the hands of private A notice of motion was g iven by Cnp- tain Dane, respectin g the Assay Office. The same hon. member having g iven notice that he would asl\ the A uditor,S ener a. l It is, however, remarkable that before the date of the Governor's despatch we fi nd only two tnl)mo ri als b:y the squatters ; O!l'3 G OuNe, it could not be corricd oul fn this colony o h t d As may be g:;thered from a review of the opt nlons wag t e amoun · Oil the estimates, and for what race of men, an n ot dosirous of interf.,ring and clairus · advancerl on OllO P.'"t or the othel' In certain purrose was intended ? ia political affairs. porLiuns of this It woul d be li ab1o to be dis- T he AUDITOR-GENERAL would answH '!'he question was put fer retsiuing: the all olass;s whooo in terests mi;rhhppear the question. at once. '!'he price was £3000; h ad it. ·1-lf f h the anlount l1ad been placed on th2 e.<limatt s, I:r. G!lEEVES called for a dhiso\W>· It requires merely a roeapitulat.ion ° t e £6000 having been voted for the purchase of The result was that the clause wns stmck facts, previously e licited, to sh ew the u tter Governm o;,nt vessels ; and the vVyvem was to out by 25 to 6. 'rhe minority consisted of Dr. ins incerity and perfoct g roundl essness of be ap-,Aied to the provontion of smuggling in Greovts, 111r. Annand, llfr. Splatt, Cole, the excu ses above put forth. th& Bay . (Hear, hear.) Mr. Campbell and Mr. Smith. On 28 th 1 '--oenlber, 1850 , Mr. Deas Mr . GOODJ\lAN presented a petition signed Ca1,tain DANE objected to the giving the ...,., by 204 merchants in fa vor of the franchise to Government officers. Messrs. Thomson communicated to S uperint endent, Bankruptcy Bill now before the H0uso. Ho Myles and A1m aud followed. I ... a Trobe the opini on of tho Gover nor nnd should move to-morrow (this that the Dr. GREEVES would not object to any ExeC1ttive Council of N ew South '"'al es, petition be taken into consideration in con- Gc.vernment officer voting on a freehold, but necticon with the Bill. W 8S decidedly agniust his qualifying on - in fact their recommendation , to form RESI GNATION OF MEMBER. oflicial salar y. He quoted the case of Sir reserves tho in termediflte and ;msettled The SPEAKER announced the Mitoliell, who was told by Sir (

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Page 1: BE - parliament.vic.gov.au€¦ · Potlllds quall.fiftati·on for m embership of the tenant Governor that there was any w rious allotman s re "abs 1 t 1 · d " Bill having ... gentleman,

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THE LEGISLATIVE COUNCIL.

what the Government paid for the Duke signed by Dr. Palm~rand eighty-five others, distri~ts. On the 20th January, 1851, the by lfr. William Rutledge of hi~ seat in the of Marlborough's yaaht, and what use was and the other by Mr. Furlonge and eighteen Superintendent wrote urgently that he ·con- lfoutie a• an elective member.

· A 1· G 1 1 w fi 1 t · 1 th t b · d d th· h . Mr. GRIFFITH presented a petition from to be made of it, the uc Ltor- enera ot 1ers. 1• e nc , cer am y, a anum er Sl ere IS IS "imperative duty." On llir. A. Ffrench, praying that the Scab Act replied that £3000 were paid for it, and that of squatters had an audience with the the lOth March, 1851, the Colonial Secre- might not be pa~s~d until the country was it was to b e applied to the service of the Lieutenant-Governor on 3rd August, and t ary of New South. Wales transmitted fully apprised of iis prmisir•ns. Govcmment in the Bay. that then they brought forward their must him the Crown lawyers' opinion, shewing THE ASSAY OFFICE.

Petl.t1·0ns "'ere pr·esented by Mr. Good- elaborate ,arguments, ovidently from the him a p~actical mode of · t h. Captain DANE gave notic' for to-morrow .. " ~ · .. ' carrymg ou IS (this day} of a question to the Auditor-General

man, from 204 merchants of Melbourne, in pen of Dr. Palm er , with whom Lord Grey's imperative duty. On the 1st July, 1851, as to the number of ounces of gold aSI!ayed in favor of the Compulsory Sequestration despatches continued to be a standard he became Lieutenant-Governor of Victoria, the Assay OflLe between the lst and the 15th

Bl.ll no'w bocore th e House·, and . by "~"'r·. authoritv-, until the whole .,o-ross fallacy was with f!l t t d h. d instant. ,. , , ~u J' 5 1 grea er power 0 0 IS nty. On the motion of the COLONIAL SECRE-Griffith, from Mr. Ffninch, against the exposed mnny months ago in this journal. On the 6th September, 1851, the gold- :rARY, the val'ious orders of the day stand­Scab Act Amendment Bill. Supposing these argumen ts to have had fields at Ballaarat were discovered, and his mg before that tor the New Constitution Bill

The SrJeak er announced the resignation any effect .on the Governor':! mind, (which duty became ten thousand timeil more "e ·e P1stpo_ned to 'l'uesd&y and Wednes: ~ay nbxt, w1th the exception of the follow­

of Mr. Rutledge as a member of the indeed is impossible,) it must have been imperative. On the 1st Octol1er , 1851, he lllg :-' Co1mcil. completely counteracted by the very strong became doubtful about his p ower to do his ASSESSMENT ON STOCK •

'J.'he Bills transmitted on Wednesday by opinion of the law officers, the chief of duty, and asked the opinion of the squat- On the motion of the COLONIAL SEORE-h TARY the mes!age of the Lieutenant-GoYer-

His Excellency, namely, the Assessment them a squatter, on the 18th of t e same ter Crown lawyers. In October, the nor, transmitting the Eill for the assessment on Stock Bill , the P referable Lien on Vvool month. Mount Alexander diggings were di,;covered. of stock, was taken into consideration . The Bill, the Oust' ms Act Amendment Bill, On the other hand, public meetings of Thesi are in the unsettled districts, and the Ili~l was read a first time, was ordtred to be

f '-'' lb G 1 d d pnnted, and to be read a second time on W cd-were read a first time. the inhabit (l.nts o .u1.e ourne, ee ong, an uty bec(l.me overwhelmingly im perative. nesday next. The Hou se then rest1med consideration Kyneton, strongly remonstrated against Nevertheless, urgent though he ought to PREFERABLE LIEN ON WOOL

of the New Con3titu tion Bill. the iniquity of the squatters' demands, and have been, the squatter lawyers could not On the motion of the A'rl'ORNEY-GENE-Mr. Fawkner proposed to constitute two their repudiation of the 9th section. be prevailed on to give an opinion till 12th RAL, the message of the Lieutenant-Governor

hun(lred electol·s, the minimum number in On lot 1(n0o- carefully, however, throullh J 1852 Th t · · r· bl transmitting "AJ:lill to Give a Preferable Lieu ~ anuary, · a 0p1mon was avora e on Wool fmm Season to Season , and to make each district, bu t i~ was not agreed to. He the various documen ts, we see n o- to the exercise of the power granted in the Mortgages of Stock y alid without Delivery ," proposed also to strike out th e two thousand thing to justify the opinion of the Lien- 9th section, in cases where cultivation w&~~ taken into conuideration and the •:1>

Potlllds quall.fiftati·on for membership of the tenant Governor that t here was any w rious allotmants were "abs 1 t 1 · d " Bill having been read a 'fin,t time w 0 u e Y req mre 1 was ordered to be printed and read a ~~econd

Lower House, but i t was negatived without difilculty in settling the question on the or whe-re there \Vere "present and time on Tuesd•y. a division. srot. The settlers 'vere exasperated on pressing public requirements." There THE CUSTOMS.

On the motion of the Attorney-General, account of the delay in issuing their leaoos, aurely could be no doubt of such On the motion of the COLLECTOR of th I · · f I t " th d th l b. ct d t 1 · requirements, ~or t"f "---' t CUSTOl\fS, the Liout.enant-Uovernor'• rnes-e cause rcqmnng o e ec ors 10r e an e peop e o Je e o suo 1 1ssne, •uvu waa no sag" tmnomitting a Eillto amend the Custome Lower Honse twelve months' residence solely because tJ1ey be1ieved that the raised on tlle spot, it W :>i'l k nown to be Aet, was taken into considera&ion. The Bm "next before the. last registration of elec- Lieutenant-Gqvernor intended. to ignore almost impossible, without roads, to convey was read a first time, was ordered to 1<>6 tors," was struck out. On the motion of the ninth section. it from MelbO'mne during the- winter. T he printed, and read a second tmo on 'Ved-

ncsday next. the same hon. gentleman, the clause re- With reference to the squatters, the opinion was long delayed, yet coming as if NEW CONSTITlJriON EILL. slricting the franchise connected with oc- Liel!ltenant-Governott himself admits that from the squr:tters' own couDsel, it was On the order of the day for the re·eommittaP cupancy of the Crown lands to those the extension of the pre-€mptive right !l>trongly decisive, and if prompt~! acted on, of tl~is-:Bill, Payin.,cr " not less than ei,crht pound~J," was \)Ver the whole of their. runs was neither p:;vrt of the eTiil.s mi.,crht still hsve been The petition of W~lliam Bright s.nd othel'8,

of Gedong, was, on the- moliol!P of Mr also struck out, after a division and a sti.ff' asked for nor dreamed of by any ~ettler. On a<re~ted. Betwee}!l, J ant\ary, 1852~ and An- l:lTRACHAN,, read b;y ihe clerk. It prayed opposition from Dr. Greeves, on the-grC'und the other h and, it is equally ccl1lG¥in that if gus~, the latest :month for sowing grain, the re!I10val ot · the h1gh property q;ual4fication. that it would enable an ttnscruptl'Jous the Li.eutenant-Govetnor ha;d; frankly there was t ime to mve put in a good crOjJ, for members of the Uppel' .House, the 1.holition

of State aOO. to religiou, and of the twc.·thirds minister of the Crown to manufactnre adopted the system ®f making rrese rves, and' then the responsibility would have been majority being necess&y for all &rganie electors in any quantity. Tbil· l'lppositio-n and exercised his undou1bted poww to sell taken< in part from tli:e-Lieutenant-Go'l"crnor. ohang<>s ia the Con·titntion. to the d ause enfranchising sa]aty-holders lands as tr.~ey were requiPed by the· public, On 3r<!l J nne, 1852, w8'find him, in a let~er by 'l'he Bouse then went inflo comm.ittee-Mr.

n1 d tl h CH · 1 S Snodgra sin the chair. of £100 and upwa s, was ren()'We on 1e : as was don.~ in New Sou th Wales;. there t e o oma ecret:wy t o Mr. Furlbnge, Claa~e 7, providing for the election• o:f the ground that it W<'lm!ld add 300 Govcrmc would not h ave been a m~rmnr on thG: part again !l:Bsert his power to offer for sale· any P~·esident. e£ th? Opper H ouse, was agreed to ment cleFl!;s to the electoral rolfl! in Mel- , of the pub li-e. portion• of a squatter':t licensed run, .. in \1 Hhout dJS.llti810n. bourne a'l0ne. The dause, how eve~, was In order, if possible, to increasg th@" re- the unoottled districtS'r which h e mii!:ht On clause l2, which was as follows -

~ The L egi.slatttve Assembly of i:the colonv of. V.ic~ ·ret ained, and a proviiso restricti llllg it to sponsibility ofl'the Licutena!.ilt-Governor and censider ,.. fi t for agricuHural or other pl!lr· tol'ia •hall con'!ist of sixty membe,.,.,,to be 'electoo as

tl h Were not "'o e t ffi • k h. ~1· tl l t--' poses." In Au,o-ust , ho~ever, not'·z·nn hn:d hereinafter provided; and for the JlUl'pose of returning. \• lOSe W !:> u V rnmen 0 cers u!> m(l. ·e IS p·,.~lCY 1e nw re Comp e o:ny .,. tv ~ ~ such members, tl\e said colony shall be divided into was rej ec!iecl.. The clis~ualificatil'>n for inexcusable, we· have to notiee a documeNt been done: The " impe~11tive duty" wr.'.l Electoral Distric:S, as set fodh in the schedule here-

. . unto annexed, eao:111 of which districts shnll return t!te membershi~. arising from h olding G'tlVem- by certain members of the· Legislati"e : still negle~ted. A se~nd opmion wa& uumber of members set against such. di•tricts rcs1,.0_.

ment contn,cts was ~tended to both CotD.ncil. ' Ve extract from t'tis clocumen>t , taken from• t:he Crown lawyers. This was _ t~<~£:. FAWKNER moved the addition of a' }louses. T.!A'C clause requiring members the following sen.iences, as shewing in the still more decided ; the imperative duty · proviso to the < !iect that tlilere shonld not be· to J.lenew their declaration of being duly mos\ forcible ma.nner the criU'..€ which was ·was every cl3y becoming rr.;Ore uro-ent, and ' less than 200 e'o:ctors in each dii!tlict entitled•

l.fi d · t 1 h · d d .. " f l to smd a member w the House. qoo 1 e eve'DY sesswn, was s rue c ll>ut.. committed by pllevious dela;y,. and the· t e m. epen ent repre~entative members o The committee divided ,· rej~cting the 'l'fue clause relating to the duration of th e nece~sity for instant action, i;n order to Council rcm~>nstrated m the motit scHemn ·~ a'!aendment by 26 to 3, the minoliiy contiisting Legislative .Assembly wa& postponed prom<!lte the settlement of the eolbny and language wliich i t was J40Htiible to use, · ot Messr.s. Dane, .ll~awkner, and Myles.

(lererence to certa·.~~ "I.I1fluenti··.q l· 1 · 1 b. t t f · ' avai·nst h·s -'!o u·nu t"- t t On olause 14. pmviding fo;· the qualification '' .~ .~ to sa¥e t 1e 1n1a ' I an s rom tmmensc " 1 "" \d o ano ,..,r au umn ° of members of the L;·gislative' Assembly memJbcrs" whO> were absenu_ This was not losses au.d grievous disasters, which after- pass, without "·bring ing into the market, (\Lower House·}, quite palatable· to some of the men:;.. w11t1·ds wM·e experienced. land in the vicin ity of these gold-fields, Mr: FAvVKNER.mwed as an amendment bers present, wm· divided tile House upon On $he 26th .August 1852 ei"ht days available for tillage." The· Lieutenant- t9'st~·Ike out from the clau~e a~·ll th~ words . . 1. . . ' ' " relatmg to the property quabficatwu of mem-lt. A c !SC~SS!&n arose upm. the clause , before the · date of the despatch, 811• under- ffi:lvernor told them, and told' all the depu- bers, viz., a freehold of £.2000, or. £.200 a (35} confernng power upon the Governor ·mentioned' gentltmM.I, member& of the tatione and m'elllorialists during August, year. of reiur.ning B ills- with amendments . Such t Legisla~iNo· Council, and representatives of tnat he would proceed " uritit· the fonna-· Mr. O'BRIEN l>j?posed the amendment be­

a pO'\ver was condemned aa unconstitu- l iarge constituencies, audressed a. note to tiVn· of the ?·ese/'Pves," and "in confO?·mity ~:~= ~~ t\~~~~~~t~y~ember ought 00 have a t ion21l1; though, a& the Attellllcy-General the private Secretaryr r.cquesting an· inter- 11rilh the power, which Tconstdh1· tl!e Lieut.- Mr. ll'AWKNBw-anted the poor man to said. i:t was very- difficult t~·decide what v.iew, foD thi following amoHg.:. other (i;Jverno1· to po8lless, cause·such portions of oo represented in the Houoo, because It wes was eonstitutionali a:nd what v.<as not con- purpose~:~ the Crown Land' comprised within these the poor who paid motit of the tues.

T he rich would be sure to find repreHntativtlll Rtituki:unal in thhi· colony.. Tlie Speaker ? •. To set forth the urgent !loml Instant nwessity for reserves, as might be clear1y· required for iU<the Hous~, un •. t.r. any. circum.tme<s. • mond that the powe1• shoulc't be restricted <Jponin~ up the ccunt.rr, L~ the sale of agrinulturnl the public, and for t'he c:eneral advantag:e !. Ir. ANNANDubse1•ved, thattornne•h1·n1·ftg l unds, in quantities commensurate with t he means, re· ....., ...... "" ,. , ... to Dills affecting imperial inter.e!tts, which quircments, nntl demands of• the coloni;ts, and more of the colony, to· be brought into the p&ld by tbe po r man as tues, t.wenty !hil-

particnlarly with reference to the rnultitndes· ef onr ling• w•• naid by ~he ri•·h man . f@ll , ob.) was negatived. 'llhe clause 11equiring a fellow countrymen who are now daily 1muring.by ship- mnrket, without being held subject to pre- Mr. MYLES ·advocatei the abolition of majoYity of two-thirds to alter the pro vi- lr~se i~~~~i~~a~f1~~~s\~xcelkmcy's·attention to the fact. emptive right." Yet w ithin one short th~ prop <I ty q11alitic~tioo , as he believed iL sions C>f the Bill it was p ro:pos6d to post- "'" r<>porl.ed to us, that there is on a~ :we rag" one-half week, namely @n• Septemoer 3, 1852, ·~o~as calculatt d to exdudo able .'llld inte li-

b . ' ·- ol' oun entire colonial population resident xt the gold- " _, h ud gent poor men from the Hvuse. He should pone, nt Wlt ...... ut success. After an frelils,.and thnt during all the present winter this im- he uan t e a acity ancT the glaring k like to •• Mr. Annand if he· were less attempt at discm;sin.,o- it, it was moved mense host of human beings has been exposed to an inconsistency to tell' Sir Jolin Pakin2:ton: '- 1 h ei<.penseoffa•om £80 to £!5G•~,touforthenc!CrecM·riage ~ ...LOUeSt W aen e W.aS poor, than OOW When he

and e:arried that the Chairman should of' tho ncccssa•ics or existence. lt is therbfure to be that the Law Officers of the Crown wa~ rich ? oceply deplored that the past autumn W.:!.S sulfered to • M AN ;:{AND 1· d th "

report pwgve~s, which he dicll at a quarter go over ,wtlliJut bringing into•thc marht lands in tho professed to be q-ttite at' a lG-ss to app1·eltend' r. l • nep Ie • at at a .. events he to eleven o'clock.. vicinity of these goltl.fieJW;, available for tillage, in t'' . r .. , t' " t. .I' ti. was not so in!lependont then as !WIY. \'Vhen

order that opportunities might ha1·e been afforded there "11' manner tn wmr;n tte J orma wn °J ne :he was a poor man he had no time to devote

THE DESPATCHES ON '1"2E SQUAT­TING QUESTIO.N.

Jus'l' as we had completed our remarks on the Lieutenant-Governor's de;;patch to the Secretary of State, on the &bove question, and before we were enabled io publish our concluding article, the answe-r by the Secre­tary of State to that despat<r;a has arrived i in the colony. That answer plae;e~ the· ; question on an entirely lfiew basis, and opens up a l arge field for discussion as to• the terms of compromise and settlement ' with the land monopoli:;.ts.

Preliminary to this di~ussion, however, we think it p roper to complete our review of the Lieutenant-Gove:rnor's despatch , and explain some points necessary to be known, in order fully to understand the desp{l,hch of the Secretary of State.

Fum anything in the Governor's des­patch, or in the documents attachetl, it does not appear that :M:r. La '!'robe at­tempted to perfo:rm his self-acknowLedged imperative duty, to unlock the lands, till th.e month of J une, 1852. It appears that the Colonial Secretary, on the 5th of that month. wrote on the sub.}eot of re­serves to Mr. 'Villiam Furlonge. a squatter (he calls himself the largest) in the Murray District. T his letter is not given (and we wish some JIII.L.C. would m ove for a copy) in the appendix, but we learn from a letter by Mr. Furlonge to the Lieutenant-Governor that in it "your Excellency assumes to the Lieutenant-Governor the power to offer for sale any pGrtion of a squatter's licensed run (in the unsettled districts), which your Excellency may consider fit for agricultural or other purpo~es."

Immediately after the date of th at lettor, there arose an immense agitation all through the country. The squatters assembled in fierci array and put in force every sort of influence that could be brought to boar on the Lieutenant-Governor. They sent him memorials, they sent him deputations, they called meetings of their class and sent him very stron g resolutions. We h ave

: cargfu lly p erused all the do:cuffients which they put forth, for they are all carefully recordgd at the end of the Governor's

: despatch, an d we find a faet as· remarkable as any we h ave m et with, and which will be considered incredible by future gener­ations. The squatters h ad actually the

of raisiug grain and other necessaries f<w the use of the reserves alZ.uded' tb unde1· the special con- to public affa.iril ~ and i£ he had given up to rni"nihgpopul alion. bl . ft' · h

We· shuii be happy to 'ho·assured· by HiS Excellency cl~Uons attacheil,. aan· be lield Justified' by pu IC a au·s t at time which, he could not thxt another autumn wili' not be permitted to pass th t f th 9th ti f th 2 d properly spa1:e fn;,m, his business, he should 'if" witllout the accomplishment> of this desiraiJ!e and neces. e en or 0 0 sec on ° e n not regard hnnself as an honest m•n . sa~v object. chapter of the Orllers in Council, if ques-. Th., amendment was negativ:ed without a

It is represented to u3, that UIOuSR.nds of 011r fellow colonltts. many of whom ue attended b>-theia· famil ies tioned by the occupant. It may be, that division. and th..e· clause was. agreed to. at the gold. fields, are dail>y and anxio11sl~' waitiug an iil the older col'ony neither the OCCUIJantl ~he fifteenth. clause relating to the qualifi-. npporiunity of ac~u i l'ing small secrions of land near cation of electors for the Lower Huuse was. these localitios, whereon bhoy might oreot homesieads, nor the public appear disposed to raise th~ next. considered. antl poar sue gardening antll agricultu11e.

W• have, &c.. . <tUestion ; but of' thl'.l I am certain, that The A'rTOR;:{ EY-GENEBAL proposed w, ~Signed) A .. THOMSON, possessing no wsuranC'€ that I holcr tlie- strike out the wor.ds requiring that the electol"

J. S. JOHNSON, should be rc>ident in the co1.my " tor twelve HENRY MILLER, l~gal power to mtrslt8 it similw· COlW86· IT ~gu~ ~~s~~A~~~~~1!, COULD NOT, BE CARRIED OUT' IN ~~~\~~~ ,?e:di before the las~ reghtiation of:'

w. WES'J'GARTri, THIS COLOl<l'"lT."· . Dr. GHEEVES 1v.as. opposed to the omis--JAMIM F. STRACHAN, .l, J.

CHARLF.S H. DlGIIT, It thus appears beyond all possibil1ty of ston. J . T. SMITH. Mr. ANNAND would restrict it tQ. si~

The last acts oith.e· Lieutenant-Governmr question that Lli-e- Governor, in malting the mcnths. recorded, p revious to the date of tli.e promise to the d'cpubtion, that he· would The question was. put for retainin. ... the-

form reserves and sell land, had no- inten- clause, which was. negatived bv 19 to 1-!.0

despatch, were a series of replies t E> 'rhe question was n(lll.~ put' fur six months.. addresses of the Legislative Council, aJ>!Jd tion of fulfilling that promise, ancl'i:t !snow being substituted. {or 12, which W<'.8 nega.­to the various ~epunations and memo~ials Qertain, therefore, that the ul timate partial tived without a division.

1 u • ' · tt d 1 unlockin0"' of the lands which he-l':J..as since 'l'he ATTORNEY-GENERAL also. P.rt:l-on t 1e part 0• 1llie squ(l. ers an peop e posed tQ omit the words which restl'icted, the, respectively. These replies were, M. the conceded Wll:l> caused by the a.gltation franchise connected with occupanay of tho-Lieutenant_ Go.ve·rnor states, to. ihis which was. liaised in the early pavt of last Crown. lands. to. those paying " not leSt! tha.lil ~ year ; tha.b then the Governor was literally £l:l." Re thought that it should he in the

e ect :- ~orced by •"'e tremendous · dem"'nstrati.on power of th.e Cou1leil to make t he surn, le58. vr That as tin"" must still elapse before leasoo ean de- ' ' orr v more. finitively issue .. I sh 01tlcl, whilo making ever~ e.tfi1rt to f bl- · · t ' h t · comply witt• bll>e m.~iu provisions of the OnleiS in ° pu l'C' opmw n ° pen onn w a ' In ll'fu FA WKNER oonsented to the om.i,SS:ion Counci l, and while proceeding witlo the preparation• January • 1851, he considered ftis "impera.- and wi.sh.ed t~ s":bstitute the woads." payment for such is~ne~ yield to the wis1H~s of the 004lncil, and ti·ve dt•'y," and what 1.11 18"""he Sa!·d COt!ld of hal f a years liCense by a gold~i~gero ,.,. He bring the whole subject under the attcntKm of the .&{i ~ h d · · ~ d " ~ Home Gov.m11uent; concede to the applic,.,ts for lease, b · d a mquu·eu, sn t~mnd that none of the ill the meantime, the privilege of purchas'ng under not e earne out. digg~rs took out annual lice£&e~. 111 was not pre.emptive right their homestead section, or other But after all he did allow another the ,;mount, but the princiyle the.y 1>l:>jected limited pornon of t heir run; proceeding wi'th. the .forma- to rrh c 1 . 1 8 ... tion qf thi- reoerres , under the 911• "aticr>of el.apter 2 qf autumn to pass. The r~ser-ves were first · e ,o oma ecretarv· SJ~hl that <,. tile Orderi,. Coo• cil; and lastly,;,. co•if,..mity will• th• d · th G tt ofi}th A .1 18~3 it made only 3s. 6d. of diiferet\'ce. An argu­powe•· wJifch I co"si'ler the T.ieutmar.t-!loo:emor to po!- announce In e aze 17 • pn ' 0 ' m.ent Hke that cost Charles.L. his head. He sess. cause sueh portion• of tlie Cr01cn. land comprised and, so far as we can ascertam, the first q_:u.oted fl'om the history ~f. En<>land to ,ill us-within these rese1oves; as might be clear·itJ 1"ff]uirrd for the 1 h o o 0)

public and for the gmeral advantag~> o.f the Colony, to be and sold in the neig~borhood of a gold- : tr~te t IS, _m the case ol; lf.~mp.Q.en and the brouur.t mto the ma•·keJ, witl•out eil>g·held • ubject to pre- field was a few two..aere allotments ai· • slnp mone)'. Wentworth ad Vl$ed tl1at Hamp-empt;>e n'y/ll. . . · . dieB should be whipped,. ip., order to bring him

After laboring very h ard to conjure up Ilunmyong Ill the mooth of June. t<> his sens •· The Goveramoot here were. evidence to a h ew that til.ere was any rea- W e shall t ake an early opportunity 0r pl:u-suing a similar co~.rflO. sonable excuse for his temporisinc: and pointincr out the disastrous effects w~h. ' The COLONIAL SE.CRETARY saw :oo-

~ · h " 1 d 1 . . _ '- .. parallel between ihtl two cases. He had no dilatory conduct, the Liii)utenant-Governor, ave resu t.e to .the colony anc Its 1' :_''tl\,bl!" he~itation in saying !t!J.~>t H:~mpden was t!'g_ht with good reason , still felt uneasy, and in tants from. th1s gross and contmuecl : nnd . that the c\ggers W0Ie wrong. Charles. the last p aragraphs of his despatch he t reachery upon ilhe part of the Lieu.~n.a.n,t- I. wtshed to take rn.oney illegally; but nQU1ing:

Governor. o.f the kind was. here at~empted. 'fh.o qpes-makes th e following final effort to excuse twn was whetMr the d1ggers were to.obtsiiA himself:- the franchise on, easiar term2 than ~13r pec,-

BI. 1 cannot conceal fmm myself, that in taking: these LEGI •LATIVE COUNClJl,,. pie. It ~ras. said \hat the diggers 'llcishecl 1o. statements into eonsid..,.tion, Her Majesty's Go¥ern- 'l'i:iuraday, March 16th. f;et the f•·t~:a;;b~e; and on the oth\lr hJmd, is ment may be disposed to ask,- how it may oo that no The SpeakEr took the chair ai ten minutes was said tb..at tb.e:v. would not have i•. correspond ing inconv-o»iences or difficulties to those h , l k ~ here so strongly insisted upou, have been exl"'rienced past t ree 0 O oc · Mr. M.YLES denounced the. system of in the adjacent or older colony 1 And tun>i'ng to the Tl!lE WESTERN PORT C0;.ffi DIS- taxation 'l>~thout representatiO!il ,as a thing ~~~s1~:~e~·~~~1 th~uG~!~r:~r~~!~~~~ei;~1;~ed8~~;~ TRICT. which ao one would stand. He considered w~les, since separation from Victoria, wil:h resp'ct to Mr. GOODMAN a~ked the- Colonial Seer&- the u1nu·se pursued by the G0.vernment very the proposed issue of leases to the occu:pa.o.ts of Crown tary if it was t.he intention of the Govr,rn- unwise. lands for pastoral purposes beyond the scUied districts; ment;. to throw open f0r the. bendit of the . Dt;. GREEVES was op,oosed to the ODliS-and further, M•formation of er ten•ive '"''""''8J ;,. tl•e un- publi0. the land Fuppose<l flo oont.,in coal n ea.r s1on. of the words. Tnef~ om1·~;0n would $ettled, as wt!l eu: the inttrmediate district,- fee l dis(Josed "" .-xu

to enquire, why the same course and a similar measure Cape Patterson, in the viduity of Vl estern- confer upon any minister of the Crown tbe might not bave been pursued by Ule Government of port. power of making any nll_mhet of voters out of Victoria. ' T he COLONIAL SE€RET ARY sa'd that the occupancy ot· Crow~ 1 d ru h s2. My reply must l>rielly be, that it by M mel>ns th G . t h ·' d. . d h • . · "" an s. • on. mem· follows that the rules and reg.Wtlons which might bo ! 0 ovm~men .a"' ·'l!tecte t .e1r a~t~nt1on bers did not see thai, they did not understand found ta apply to the state of the community in No.w ' to the BllhJeCt, wh1eh was, one of cons1derahle the import pf the clause. South Wales, where it is un<l~rstood that the gt""'l> ' importance : and llhei<r present intention W88 Mr.' FA WKNER called attention to som& bulk of the ycall y good and «vailable land with!"'. a to sell a very la.r= ""'rtion of land in that of the provisos ol.the clause, as precludi'n~'"6 reasonable dtstance of the ooast has been already dis- • .,~ rv • y ou.w Jl08ed of by grant or sal&,. and where the pastOltab ln. neighborhood so. as to tnable pnvate enter- possibility of the coutingency apprehende • t~restwould appeartobaln a grcatmeastll'e cnnH;ned to prise to raisll ih,e coals. He wished the House Mr. HAINES was at a loss to know what districts which for the present may be suita~. to pas- to understand that he did not act\~lly plcd~-e sort of delusion the hon. member for the cit;v ~~;~U;~~fa's!~,f~f.n~~;;;:;"~~~=.~~~l~c~~~·~c\';~~·i~~~~l the GoverD;went that that coUI~ would be (Dr. Greeves} labored under. I t was admitte·d ant respecis to be so dtff'erently circumstanced. adopted. flotwithstanding that at preseflt i t that the elcctord qualificatio11 for the Low6r

83. J.foreat•er·, I rrmst remark tl\at the 111Ao· offiur.< of th• was their intention - the ebject being to House ".·as equivalent to univeisal suffrage, C1·own of this colony pr/J{ess to be ~uite .. ~a lo,<~ to C<J!Pr<- b}" 't •t• d hend the m onner on which tAe frmnoti(Jlt of tht •·eserv" ensure pu 10 compe l lOll. . an prevent roo- and he did not see who c0uld be qualified in alluded to undO>' the special cond#!'ons atwclled, can be nopoly. the way apprehended who was not already hel<l juslifitd bPJ ths teuor of the Dth SecNon of tilt 2nd THE YACHT WYVERN. qualified in some other way As to the gold-ChMpter qf t!tt Orders in Council, if q11cstioned by the C t • DANE t" th t 1 d. h ·d d 1 1

Trm Speaker took the ch air yesterday at ten minutes past three o'clock.

_ audacity to put forward as their princip~~ol argument , in all th eir documents, that passage in Lord Grey's despatch in whioh he records his ex tremo anxiety respecting the definition of intermediate and unsettled lands, to prevent the lands being locked up from settlement for fourteen yeal'S. 'l'hi8 they h eld up with a triumphant air to tho Lieutenant-Governor, as a proof that the lands ?vC'I·e locked up for fourteen years. But they altogether omitted to inform the Lieu tenant-Governor that Lord Grey spoke of the Draft N gnlati<>ns, and they forgot to mention that, by the assistance of Sir George Gipps, and in a satisfactory maune1·, that is by introducing the provbions at t ha end of the 1st and in the 9th section, th o catas­trophe so devou tly desired by the squatters was carefully p rovided agains t.

ocr,upant. It may be, that in. lh• oidf>•colony ntilllet• the ap aiD ' gave nC) ICe , a 13 Iggei1', e CODSI ore t lat t lat question had occupa"t "or a .. p ublu appoar dhposed to raise tilt would to-monow ask the Auditor-Gl'neral been settled. qu .. tion; b"t of this I am <-ertai• , that, possessing "" what was the price paid by the Government . Mr. ANN AND h~d convel'8~d with many assurance that I hold till legal POliti' to p<trsue a $imila>' for the Duke of lli:itl-lborough's yacht 'iVy vern; d1ggers, and he beheved them to be a quiet

Mr. Goodman asked th e Colonial Secre-tary if it was the intention of tho Govern­men t to throw open for the b enefit of the public the land supposed t o contain coal, n car Cape Patterson; in reply to which the Colonial Secretary said that it was t h e present intention of the Government to sell land in that n eigh borhoocl ; so as to throw th e coal-fields iuto the hands of private entorpri~e-

A notice of motion was given by Cnp­tain Dane, respecting the Assay Office. Th e same hon. member having given notice that he would asl\ the Auditor,S enera.l

It is, h owever, remarkable that before the date of the Governor's despatch we find only two tnl)morials b:y the squatters ; O!l'3

GOuNe, it could not be corricd oul fn this colony o h t d As may be g:;thered from a review of the optnlons wag t e amoun · Oil the estimates, and for what race of men, an not dosirous of interf.,ring and clairus ·advancerl on OllO P.'"t or the othel' In certain purrose theya.C~\J.t was intended ? ia political affairs. porLiuns of this <lesp~tcl>, It would be liab1o to be dis- T he AUDITOR-GENERAL would answH '!'he question was put fer retsiuing: the ~~{~~Y all olass;s whooo interests mi;rhhppear ln~ the question. at once. '!'he price was £3000; word~, ~ud, t~1e No~s had it. • ·1-lf

f h the anlount l1ad been placed on th2 e.<limatt s, I:r. G!lEEVES called for a dh•iso\W>· It requires merely a roeapitulat.ion ° t e £6000 having been voted for the purchase of The result was that the clause wns stmck

facts, previously elicited, to sh ew the utter Governm o;,nt vessels ; and the vVyvem was to out by 25 to 6. 'rhe minority consisted of Dr. insincerity and perfoct groundlessness of be ap-,Aied to the provontion of smuggling in Greovts, 111r. Annand, llfr. Splatt, Ca~ct. Cole, the excuses above put forth . th& Bay. (Hear, hear.) Mr. Campbell and Mr. Smith.

On 28 th 1'--oenlber, 1850, Mr. Deas Mr. GOODJ\lAN presented a petition signed Ca1,tain DANE objected to the giving the ...,., by 204 merchants ofMelb~urne, in favor of the franchise to Government officers. Messrs.

Thomson communicated to Superintendent, Bankruptcy Bill now before the H 0uso. Ho Myles and A1maud followed. I ... a Trobe the opinion of tho Governor nnd should move to-morrow (this da~·) that the Dr. GREEVES would not object to any ExeC1ttive Council of New South '"'ales, petition be taken into consideration in con- Gc.vernment officer voting on a freehold, but

necticon with the Bill. W 8S decidedly agniust his qualifying on h~s - in fact their recommendation, to form R ESIGNATION OF MEMBER. oflicial salary. He quoted the case of Sir reserves i~ tho intermediflte and ;msettled The SPEAKER announced the resign~tion 'l'homa~ Mitoliell, who was told by Sir G11org~

(

Page 2: BE - parliament.vic.gov.au€¦ · Potlllds quall.fiftati·on for m embership of the tenant Governor that there was any w rious allotman s re "abs 1 t 1 · d " Bill having ... gentleman,

Olpp:i, th~ot the member for Melbourne might ~ote as be pl ·.•a,ed, hut t.he Surveyor-General must vote with the Government.

The AT'l'ORKEY-GENERAL wanted to knOW where the liue was to be drawn ; it was 1 goad p1inciple, but one that it was i~poesible to C<liTV out, as every one wh() rece1ved a.ny OJ ·ernment funds would have to be excluded.

Captain. DA~E replied, and a.rgu~d t'·at ;1npi'oper miluence would be used m el~c­tiooeering, as it had been elsewhere.

'l'he SPEAKER thought the po.ver which the clause gnmted to the Governor unconsti. tutionaT. On local questions the Governor \V .ll!, undor tl1e new Constitution to receive no instructions from home, but to 'act under the advil!e of his Executive, who would be in the House to explain h;s policy, or propo5c amend ments. The Home would consider them · but, if rejected, to :urge tha amendmen~ would le intimidation

Ttw- alause w&s then passed with verbal &Ill en dttulnU!. . A new claw;e, enumerating intended pen­

SIOners, &c., wa& a. mit ted. The 6'6tll., and 67th clauses, providing for

the proclamaiJion. ef fihe Act as soon as assent ~hould be received!, and defining the term " Governor,"· wel16 passed.

TI1c Committee· then reported progress, and asked leave to ait agp.in to day.

llfr. CAMPBELL'S noticP of motion was postponed until Tuesday.

The House adji:>urned at a quarter to eleven o'clock.

Dr. GHEEVES pointed out that if Govern­roeut employoJ vot~~ on their salaries, there would be the c0nfuo10n .0~ a. turn-out of elerks on each change of rnm1stry. It WM usual el'tlwhere for lJustom House, Post Office, and

I\ Police Officials to be prevented from voting.

ir[r. O'SHA~AiSSY adverted to tlB cbuse in tile New South Wales Act, which was de­signed to admit mercantile clerks and other pen!(l!I.B of intelligence who were not house-

. The AT'l'ORNEY-GENERAL thought it difficult to say what was constitutional and wha~ was not constitutional in this colony. He cons1dered thst t.he Governor should have it in hi.s _POWer to state his objclctions to a Bill exph01tly. The power might be abused, NOTICES though it was not likely to be so on questions

OF MOTION AND ORDERS OF THE DAY.

of purely local interest. In disputed cases of FriiJiay. 17 II• March. GovERN~lli:NT .Busr~Ess.

ORJ>I!:RS OF Tli R DAY. imperial interests it would be a. nece>sary power.

Mr. CHARLTON thought that the Attor­ney-Gen.,ral had forgot the fact that the Go­vemor would have his ministerB in the House ~ do all that was necessary. He repeated that 1t was absurd for one man to oppose hi.~ wis­dom to that of ninety other men.

!; Insolvents' Estates Compulsory Sequestration Bm. - Io be further constderech rrt. Committee.

2. Pate.uts Rill.-'ro be consfdcrod in Committee.

'

holders. The SPEAKER argued that the clause

pl~ieed Government clerks in a false position ; their iaterests m ght suff~r from their con-8oientious voting: Clerks generally might

. 3. Medteal Witnesses Aat Amendment lliii.-Adop­twn of Report. . 4 •• New. Constitution BIH.-'1'<> be further considered H\ Committee.

GE~En \L B'usuc!i:ss.

qualify on other ground8. The qualification ~Jf Government clerks on their salaries would be prodr$ive of much mischief in the political contestt.ll;flat might be expected.

The SPEAKER would limit the power to Bills afflicting imperial interests, and pro­posed te insert a restriction to that effect.

'l'he A'l''l'ORNEY-GENERAL thought that it was just in cases where it was doubtful whctherJocal or impedaljin~rests were ~ffocte~, that the Govemor would Wish to exerCise th1s

NOTICE OV NOTION. 1. Captain Dane: To ask the Auaitor-Genorol the

number or ounces. nf gold-<lust assayed in the Govern­ment Office, w1th the amount realised therefrom between the 1st and l..Sth March, inclusive. '

JlEETI~O 01'' S EU:CT COliMlTTEG.

Tht .~OLLECTOR of CUSTOMS argued that a minister who would attempt to influence clerks in their votiP-g would not enquire how they ql~-&lified. 'l'hey must either be all admitted or all exclwded.

. Fridny, 17th Jfarch. Pnbhe Works-at elo1•on o'clock.

The COLONIAL SECRETARY said that 111cb a minister might compel clerks to qnalify. It had been argued that the franchise would be- a desideratum ; if this were true, the amendment would drive people out of the public servtce: th 'Y were too ready to leave fvr private employment, which paid better as ,it was. It had better he moved at once, that no perdon who received or expected money :from the public treasury should be en­franchised. The sooner the CO!Tupt minister t urn ,d up the better, that he might be clta8seed a~ once; for if he ,wished to employ corrupt measure>, he could not be prevented,

Captain · DANE said it was not so easy to ,eJuuaee a minister. Guvernment officers were not re.1dy to take hints : if they were told before they took offi~e. that they were unfit for it, they would not care.

Mr. MY LEd referred to the manner in which members of the Home followed their leader, and inferred from it t]J.at Government employee~ would be l od in the same way. He moved ·the insertion of the words "in receipt of a flll}ary of one hundred pounds or upwards, not •beUlfl an offr.cer ~f the Government." .

The SP.J!;AKER thought that the qualifica­•tion wa9 a dangerous one. He referred to the virtua.l disfranchisement of many persolls by the five yef!rs' lea~e proviso, and condemned the measure as partial

The ameud.m~nt was loot on a division by 18 to 20

Ayes. The Speaker Mr. Fawkner

Myles Burnl~y

W. Nicholson Cowie O'Brien Wilkinson Winter Charlton

<Captain Dane Col9

Dr. Greeves

Noes Ay~s

~Toe~. The Colonial Secretary

Attorney -General Solicitor-General Co:Jector of Customs Auditor-General Surveyor-General Com. of Golcl Fields C0m. or Police

Mr. Hodgson Strachan Haines O':Sh.massy Highett Goodman Mollison Hervey Camebell M. Nicholson Grlflith smah

20 13

Majority against ... 7

The ch use was then passed. The sixteenth clause, empowering joint-occu"

1>auts of houses to vote, was passed with verbal amendments only.

The seventeenth clause, 'incavacitating pub­:!ic contractora from voting, except in the case of companies, and declaring void the seat of any member taking contracts, was passed, with an extensi<m of its provisions to the Upper Hnuse also.

It was abo resolved that Mel)l.bers of the Legislative Assembly should be incapacitated from sitting in the Legislative c~uncil ..

The eighteenth claus~. dedaring that any . ·aeat, the holder of which sh0uld become dis­qualified, should he declared void, and a new writ issued. was adopttd.

The nineteenth clause was pa~sed. It pro­vided for the eltction of a Speaker, and for his 1·eplacement in case of death or absence.

The House ad}1urned at six o'clock. 'l'he H•t.lSe reassembled in committee

shortly after seven o'clock. Claus~ 21, relating t0 the declaration of

members, was agreed to, the words requiring the declaration to be made every session, be:ng omitted on the motion of the Attomey-General. ·

Clauses 23, providing for the manner in wh:ch seats should be vacated ; 25, referring to persons becoming incapable of a seat ; 26, referring to the convocation, pro­rogation, and dissolution of the House; and 27, providing that a session of the Legisla­ture should be held, at least, once in every year, were agreed to after a short conversa­tion.

On claue 28, providing that the duration ~the Legislative Assembly Mhould be three years,

The ATTORNEY-GENERAL proposfd to postpone the clause. Several hon. members who were opposed to the clause were absent, and he did not wish to take advantage of their abseHce to press it. He therefore moved that the clause be postponed.

Mr. Sl'RACHA~ objected to the postpone­ment. Th~ hon. members alluded to ought to have been present ; and if they chose to absent themselves, the Bill ought not to be longer delayed to meet their convenience.

The COLONIAL SECRETARY observed that, although hon. gentlemen were at times to blame for being absent when businEB3 was urgent, in the present case the bon. gentlemen who were absent were not without some rea­soaable ground of excuse.

Mr. STRACHAN wonld, however, divide against the postponement.

The committee then divided. Ayes .. . Noes .. .

Majority .••

13 10

3

power. Mr. GRIFFITH said, that in a discussion

on this suhject in the House of Commons, the diffi~ulty of pronouncing between local and imperial questions had teen admitted. He da therefore opposed the insertion. in

'1'1 'l'he insertion of the words was negatived on bai a division

Tho ~lause was then passed. ba The 86th clause, which providt-s for the de- pu

~:~a;:~edf ;?t~ ~oJear~~s~:!;~~~~~~ial Bill!, f~l On the 37th clause, enumerating the sub- P0

jech on which the ass~nt might be res3rvcd, m The SPEAKER thought that some clause an

was necessary to divest the Governor of the " 1

power of immediately deciding on s~tch Bills. (at The A 'l'TORNEY-GENERAL was of a ne

different opinion, as the very giving of a power a' to reserve implitd that of assenting in other pu cases. of

The SPEAKER supposed a case ; that the fr Grvernor in>isted on reserving some Bill of ~~ local interest. He contended th~t the power tu should be defined. ' He even ually ceded the c~ point. ~~

The 38th clause was passed ; it provides for the publication of disallow nee of a Bill li~ .wl!.en ad vices shall have baen received fr~m home. Sf

On the 39th clause, providing for the de- th -elaration of assent, &c., within one year, m

Tha ATTORNEY-GENERAL wished to d extend the time to eighteen months, as such DLij matters had to he laid before the Queen in Oouncil. It was now two years.

Dr. GREEVES observed that communica- a~ tions were more rapid now than they had been co ~me~. re Th~ SPE o~.KER th0nght that the pub He "8

mind should not be kept in suspense for & as longer time than was actually necessary. t

The am ndment was lost, and the clause was passed. bt

The SPEAKEll. moved that the period t.o b( be allowed by the 40th dattRe to the Judicial tl· Committee in c~o,es of appeal should be limited tf) one year. Such cases might bee ;me like fil Chancery suits, and they would always be on ~ questivns that the colony would take most in-terest iu. UJ

The COLL1WT0R of CUSTOMS disap­proved of the limihtion, as in the ca~e of acci- J dental d hys, the Governor might be called on to decide, and afterwards an opposite ded­sion might turn up.

The amendment was l~tst by 7 to 16. The clduse was passed. On the 4lst clause, viz.;

XLT. The r.egislature of \"ictoria, as constituted hy w this .Act. shall have fllll power and authority from t time to time, by any Act or Acts, to t•epeal, alter, or amend oll or a•v tf tho provisions of or laws for the C time being in force under this Act. a>td sulutitute ro others in lieu tlureof: Provided that it shall not he cl lawful to 11resent to the (J vernor for Her !\f:1jcsty 8 assent any Bill by which any such alteration fa in the constitution of the 3aitJ l£qislatit·e Co· neil or 0 Legisl«live .A•sembly, or tlte said scheau/e hel'ew>to an. d nexed tnat·ked D may be made, unl('S"- thf' ~('CI)nrl flntl third readings of such Bill shall h~HC U.:cil \-:J.~:s.d ~IS with the concurrence f'f two-thit·ds of the members of 1 the Legislative Council and of the Legislath·e Assembly m respectively: Provided also that every Bill which shall t~ be so passed shall be reser1•ed for the signification ~ of her Majesty's Illeasnre thereon. , 0

Tile pasRages it.alici~ed are the amendments te originally introduced in committee. a

'l'he ATTOR:-IEY-GENERAL regarded it i in the light of a contmct with the Home Go- t~ vernment, whi.>h should not be lightly altered, tt~ unless by more than an ordinary major:ty. He ~ moved a reconstruction of the clause. f~

Mr. CHAB.LTO~ de;;ircd t 11at the new f~ clause should be printed and laid before a n fuller House. .

The ATTORNEY-GENERAL said that the ~ clause was designed to meet the various obj ·c- 1 tions thAt had been raised. 'fhe Bill must be o recommitted, a.nd the matters Cf)Uld then b~ i discussed. Before, a limitation had been placed h on the power of alt··ring the Oor.stitution : now is that power was only limited tv fom clauses. h describing the constitution of the Councils and d the ached ules. s1

Mr. ANNAND accepted the concessions with satisfaction, but desired that the reserved 11

clauses should be clearly indicated. q The postponement wad lost on 11 divi.ion by B

ten to thhteen. r Ayes. Noes. n

The Colonial Secretary The Speaker t Attorney-General Dr. Oreeves Solicitor-General Capt. Cole Sou·veyor-General ll1r. M. Nicholson Collector of Customs Strachan Comm. of Golt!-~ields W. Nicholson Comm. of Police Charlton

~lr. Haines Cowie Myle3 Annand Mollison Hervey Griffith Smith

Ayes Noes

Majority for

13 10

3

Mr. CHARLTON moved the substitution of three fifths for two thirds.

a ll ). h

The proposition not being favorably re- i1 ~~. b

Mr. MYLES de~lared that he would only d consent to the clause passing on the under- n standing that the Bill was to be recom­mitted.

Mr. GRIFFITH mov(d the expunction of the wlv>le pas~age, It was wrong to require o

The clause was accordingly postponed. more than a rn'\iority to make an alteration, a Clause 29, providing that a quomm of and two thirds was an impossihle proportion to ~

the House ' may act, though an election for obtain. It was moreover absurd to declare it a district II\ay have failed, or the seat for a dis- unlawful to submit to the Governor an altera· trict ml\y be vacant, was agreed to without tion which there was no impediment to their discuasion . making.

The ATTORNEY-GENERAL proposed to Mr. HAINES would have supported tte po1tpone clause 32. amendment, but that the qualificat ioas had

Mr. STRACHAN thought that it would be been reduced. He should now support 'the l>etter to adjourn. He moved accordingly, clause. ~e House divided, aud the motion was re- The ATTORNEY-GENERAL rt)peated )ected by 16 to 6. The minority <'On8isted of that the reserved clauses were a contract with Mr. Strachan, Mr. Myles, Mr. W. Nicholson, the Home Government, and if any singular Mr. Charlton, and Captain Cole. pressure arose members would attend as they

Mr. STRACHAN thought that Dr. did on the squatting question. (Cries of Greeves promised to be one ot the" Ayes" "Nominees.") The representative benches 1'hat gentleman, however, was found in the were much better attended, ecce signum. To do majority. what wa~ declared illegal was a misdemeanor.

l>r. GREEVES wished to postpone Mr. STRACHAN considered it useless to clauae 82 till after consideration of clause discuss the point now, as it would be reopened. 35. The questions of postponement and He moved that the House report progress. adjournment were re-opened and discussed. 'l'he SPEAKER s&id that the clause had

'fhe ATTORNEY- GENERAL wished b,:;en much improved; butas the Billnowntood either that the business should go on or that members of the Government might go before the House should adjourn. constituencies, and sit in the Upper House;

Dr. GREEVES withdrew his motion, and so that it might be impossi9le to get t.he cla086 32 was proceeded with, and slightly assent of two thirds to one alteration. He II amended. The 33rd and 34th clauses were would allow a majority of the entire Houses to .slightly amended. , make an alteration. That would give check

On clause 35, which related to the amend enough. It would not do to leave it to a bare ment of Bills by the Governor, majority. On an alteration being approved, ·

Dr. GREEVES moved that .it be atruck a new Council might be called, and the out, as conferring an unconstitutional p'bwer matter might finally rest on its decision. upo.n the Governor. It was equivalent to Mr. HAINES propo~ed that a call of the gtvtng the Governor power te say, Thill HoliSe should be maile for some day to dis­illllended Bill is the Bill I shall agree to, cuss the debated clause~. and no other. This was to give all legis- Mr. CHARLTON urged the necessity of lative power into the hands of the Crown. circulating copies of the alterations. This was the error of Charles I. It was It was agreed that the clause should be post-complained that the name of the Crown poned. was used to influence legislation. It placed The 44th clause, giving t'~e appointment of the Governor in an invidious position. all public offices to the Gc v Jrnor, WhS passed,

Mr. HAINES could not altogether concur with an exception in favor of such officers ~s with the pr~ceding speaker The Governor were liable to lose their offices on pubhc was to have a veto. This clause proposed a grounds. oomprbmise. Instead of vetoing the Bill A limitatien to .£112,750 was placed absolutely, he might do it conaitionally. on the civil list, in clause 55 and its scheclule.

Mr. UHARL'l'ON would support the The blank in the 58th ell!.use, particularis-amendment of Dr. Greaves. They were a.sking ing IJ1e amount of the p6nsion list, was filled one man to upEet the decision of ninety men 1 up with £5200.

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