OPENING OF THE FIRST LEGISLATIVE COUNCIL OF VICTORIA. [From the "Sydney Herald," November 22.]

New Zealander, Volume 7, Issue 590, 10 December 1851, Page 3

OPENING OF THE FIRST LEGISLATIVE COUNCIL OF VICTORIA. [From the "Sydney Herald," November 22.]

The opening of the session of the first legislature of the sister colony took place on Tuesday, the ]2th instant, when the proceedings commenced, at twelve o'clock, in St. Patrick's Hall, Melbourne, by the Clerk of the Council reading the Lieutenant- Governor's proclamation appointng the first sitting of the Council for that day, and also the commission authorising the Colonial Secretary and the Attorney- General to initiate the business of the House by administering the oaths to the members. This business having "been gone through, The Colonial Secretary congratulated the House on its assembling, and then reminded honorable members that the next duty would be to proceed with the election of a Speaker. Mr. Westgarth, in very complimentary tei'ms, proposed Dr. Palmer ; which nomination was seconded by Mr. Itutledge. Some discussion ensued as to the right of any member addressing the Council on the motion, if no opposition were intended. Mr. Murphy, in contending for the right, pointed to Sydney as a precedent, where Mr. Wenlworth had addressed the House on the recent election of Dr. Nicholson. Mr. Osborne thought that tbe Council ought not to take Sydney as a copy either in that or in any thing else. Aftev a rambling conversation, the Council agreed to the election of Dr. Palmer, who, being conducted to the chair, and having thanked the House for the honour conferred upon him, received the congratulations of the Co^nial Secretary. The Council then adjourne^J On vK following day, the Lieutenant-Governor received the Speaker, who afterwards announced to the Council that His Excellency had been pleased not to disallow the choice of the House. On Thursday, the 13th, the ceremony of formally opening the session took place : — The Lieutenent-Governor proceeding in state to the Chamber, which was crowded to excess. Having been received by the Speaker with the customary form, His Excellency read the following speech : Mr. Speaker and Gentlemen of the Legislative Council — The public requirements have made it necessary for jne to call upon you to assemble in Legislative Council before the close of the year ; and I would express ray regret that it has been quite out of my power, viewing the position of tbe Government at this juncture, to do this at an earlier date. In now formally opening this first ses«ion, I would offer to you, and through you to the inhabitants of the colony at large, my most bearty (Congratulations upon the event which, after so much delay, has at length crowned your wishes. "Under tbo provisions of tbe recent Imperial Act, and her Majesty's favour, you meet here this day as the representatives of tbe people of an independent colony of the Empire, with power to watch over tbe general interests, and to control your own affairs, which has hitherto been, from circumstances, in a great measure denied you. And it is my earnest prayer to (iod, that you may be endowed with the wisdom and prudence which are requisite for a due discharge of tbe important duties entrusted to you. For zny own part, it is mv most sincere desire, as far as I may be enabled to co-operate with you in securing for the colony satisfactory and efficient government, and eveiy advantage consistent with the real interests of the community. I cannot recognise, in tbe present case, any necessity for antagonism between the 'Governor and tbe governed, still less between tbe Executire »nd Legi»Utive branohes of tho administration ; and will not doubt

but that you are disposed to entertain a Mtnilar feeling. 1 2. Tbe Act of Parliament pissed last year for the better government of tlio Aubfalian colonies, wns framed wirh the general purpose of maintaining the constitution of New South Wales, as determimd by the Constitutional Act of 1842, and of es tending Us principal piovis.ons to the neighbouring colonies. The modifications p-opo-sed, though few in number, arid only in two or turee instances affecting its fundamental principles, aie, however, very iinpoiMnl. 1 hese mar he cited as — lht. Tbe .literal ion m the franchise. 2nd. The increased control »iven to the Legislative body over that portion of liie colonial expenditure presumed to be provided for by the schedules; and 3rd. The concession of the power, without the intervention of Parliament, to modify the constitution of the colony, at such times and m huch manner ab may be clraily seen to be deniable or expedient. With ies,ject to tlio alteration effected in the franchise, I may be permitted to remark, that nothing short of experience will decide the suitability or sufficiency of such change to the actual circumstances of the community into which it is introduced. The second point is one which the Council will doubtless consider of great mteieat, and I think that I am acting in accordance with the general wish of Her Majesty's Government, and anticipating that of the Legislative body, in proposing to take it at once into my counsels, and an placing before it a statement of that poition of the pioposed colonial expenditure, which is presumed to be covered by the schedules; appealing to its judgment an to the adequacy or inadequacy of the provision made by law. lam disposed to avail m> self of any suggestions which it may be inclined, after due consideration, to offer, calculated to remove any just cause of mistmst or dissatisfaction between the Executive and Legislative bodies, and to place the expenditure which may be requisite for the due adnnnistiation of the public affairs upon a permanent and efficient footing ; due regard being had to the interests of those public servants who may be in a position to cliiim the obseivance. on the part of the Executive Government, of the distinct engagements under which they may have taken office. Ihe present limits to the powers of the Legislative Council m dealing with this reserved portion or the public revenue are defined by the Imperial Act. With respect to the thud point I have alluded to, viz.— Tlio power conceded to tlio colonists by the Imperi.il Act, to modify tbe existing Constitution without ill intervention ; all I need say here, is, that however strongly and earnestly I must deprecate hasty or untimely legislation in this direction, und consider that, sttu.ited as we actual y lire at this time, there are more immediate and pressing duties before us which must first claim attention, if we ace well and wisely, I fully recognise the propuety and wisdom of this power beiny conceded ; aud I look forward with assurance to die time when it may be both judiciously and properly exercised with great advantage to the colony. S. The Ht.ue of the writs for the elections of members to serve in the f.sture Legislative Council of the now colony, on the 1-t of July, having completed the slops lequisite for tue severance of the Port Phillip District from the older colony to wh.ch it had hitherto been attached, our iiistory as a distinct community dates, from tbatepod). It then devolved upon me, u.ider the commission and instructions ti.insnutted to mo <is your Lieutenant-Governor, to organise a distinct colonial Government, .and to assume the responsibility of mak.nj, such anangements as were indispensably necessary in this vjew. It is gratifying to me to believe that these charge* were earned into effect witiiout any senous suspension of the functions ot Government, or embarrassment to the public, and that it has been in my power, in general .wcoi dance witn the instructions furnished mo, to embody and recommend for Her Majesty's approval, such an Executive admiuistiation as may' justly lay claim to public coniidetice and respect. It has' been my object from the very outset, to seek to place the public seivice, as far as ciicumstances have permitted, upon such a footing as might give additional facilities to the convenient despatch of business, and assurance both to myself and the public, that the duties are propeily performed. There are further modifications of existing arrangements, which even if in the power of CJovcnmetit to operate, can only be brought about gradually. Jn seeking to affect others, it may be necessary for we to ask the advice and assistance of the Legislative Council. 1 would at once state that I do not wish to rest satisfied with any system short of that which may coiubmo the greatest economy both of time and money with convenience and efficiency. In the meantime, the inhabitants of the colony have been called upon to exercise their privilege of election of membeis to serve in tbi» fiist Council, and 1 have remaiked with pleasure the geneial good order and temper which have distinguished the geneial elections both in town and country, oven in cases where contests have taken place, 4. I am happy to be in a position to congratulate you upon the time and circumstances under which the election ot the district, iino an independent colony has taken place. Notwithstanding the limited eimgiation from the mother countiy during the latter months of 1850 and eailier portion of the present year, mid the unusual drought of the last season, which, added to the previous discouragements under which the agricultural interest laboured, and the extraordinary visitation to which the colony was exposed in February last, restricted to a certain extent our powers of internal supply, | no material check whatever has been observable in the i progressive advance of the co'ony in wealth and pros periiy. The census of Match lait showed that Port Philip had actually more than doubled its populat on within the space of five years, and the comparative returns of revenue exhibit proof that her resources weie steadily on the increase. 5. It is not in my power to lay before the Council at this time full and complete statements ot our financial position at the date of separation from New South Wales ; but I will take the earliest suitable opportunity of doing so, as soon as the requisite documents now in the course of preparation may be in my possession, in ttie meantime certain papers will be laid on your table, showing the character of the financial arrangements which have taken place between the two colonies, pending the receipt of the decision of the home Government, as to the appropriation of the balances in the Treasury at the above date. From these it will be seen, that the Colonial Treasury of Victoria was credited on the Ist July, with the, sum of £ J 33,688 3s. 3d., on account of the ordinary, and with that of £72,669 Us Bd., on account of the Terri« to rial Revenue of the Province, the further sum of J^29,851 6s. Id., which according to another mode of adjustment of accounts proposed by me, would hare been credited to Victoria, being held in abeyance until the definite decision of the Secretary of Sttte were known. It is scarcely requisite for me to state, that the sums paid, as just stated, into the Colonial Treasury of this colony, in addition to the revenue, under Loth heads, accruing during the six months ending 31st December, will not only be sufficient to meet all the expenditure of Government, but must leave a very considerable balance in hind. At the future financial pTosppcti of the colony continue at this time most flattering and satisfactory. I see no reason to apprehend that the revenue of 1852 will fall sbort.J in any of its more important branches of the expectations now generally entertained of gradual and steady increase; and I believe that it will be found amply sufficient to cover any increased expenditure which the circumstances of the colony may render necessary. The only branch of ordinary revenue in which a falling oft* may be anticipated, may possibly be that of postage, as it in my intention in submitting to the Council the consideration of a new Postage Act, which it may be requisite to introduce without unnecessary delay, to propose a repeal of the present charge of postage upon newspapers. It is not requisite for me to enter here upon deta Is, which may be much better included a Financial Minute, or more conveniently brought under your notice by the officials charged with the duty of offering detailed information and explanation in this Council. 6. It will be my duty to submit to the Council early in the session of 1852, the necessity of a i (.'vision of the existing Tariff; and I would at once slate, that whatever measure may be submitted by me to your consideration to this end, will be based upon the most liberal principles, and the admission of the strict community of interests, which not only binds us to the neighbouring colonies, but, unites us with the whole commercial world. The Council will, however, doubtless agree with me that as fur -as the Australian colonies are concerned it is highly expedient that they should all concur in the same general views, and that our respective local acs should as far as possible, embody and carry out the same piinciples. I am led to believe that no insu. peiable difficulties need be anticipated in securing this advantage. I would remind you, that although from the date of the Separation of the colonies, the authority of the Governor and Council of New South Wales over that portion of the tenitory hitherto known ai the Port Phillip District, altogether ceased ; still it has pleated her Majesty, by the appointment of a Governor- General orer

lie Anstrnli'an colonies including the new colony of Victoria, to Jend facilities to the cnnsideialiou of mteifolotnal questions, and to the arrangement and ndoption oi such measures ,is may be judged expedient for the general interest of the appendages of the empire in this quarter of the Globe. 7. Viewing the present position of our newly orgn* mzsd Government, the late, nnd the perhaps inconve. mentf season of the year at which you are called toge ther, it has appeared to me that both on official and general giounds, I am justified in suggesting to the Council that the business of the session should be oonfined as iar as practicable, to the consideration of the requisite arts of appropriation, and the pussing of these and any subsidiary bills which may have a duect refer encc to the scheme to be submitted to you. The Estimates of Public Expenditure for 1 852, and a Supplementary Est'mate (or the cuvient year, will theiefoie be placed before you without delay They hive been framed with th strictest attention to economy, consistent with the efficiency of the various branches of the public service or obli >ations of Government. They will be pre* pented to you in what 1 am led to consider ts an im sroved torm, fiom which every detail liks been excluded which might emb«inas>tf their consideration by the CounC'l or obscure the pl-iin purpose of Government in seeking its sanction to such and such expenditure 'I hey will be accompanied by a Financial Minute offering such general or de ailed remarks, on my pait, as may be usual or requisite, for the information of the Council. There are, however, one or two points to which I may here briefly advert. In suggesting to ihe Counnil tbe appropriation of certain sums, amounting in all to £16 OHO toward works of internal improvement, irrespective of those proposed to be expended under the head of public buildings, I j am quite awaie of the disproportion which these sums | bear to the number and magnitude of the claims which are wdvanced on eveiy side for attention. But, in deter mining tbe amount of appropriation under this head, not only has the ability of Government to set aside a larger portion ot our prospective revenue for this particular purpose, consistent wMi due regard to the efficiency of other branches of seivice, to be considered, but its power of expending larger sums, at this particular junctuie, in a manner advantageous to the public, has to be duly weighed. I won d, however, state to the Council, that it is my intention to propose that a sum not exceeding £10,000 drawn from the Territorial Revenue, should be devoted to the purpose of internal improvement of the colony, and the construction) of lines of interior communication during the year 1852. to meet equivalent appropriations from the ordinary Revenue. I consider that this measure will be both just to the colony and in general consonance with the views of Her Majesty's Government, and I am prepared to submit >t without, delay h» the sanction of the Secrc-ary of State in the lu'l persuasion, should no unforeseen charges be thrown upon that fund, that the state of the Ten itorial Revenue will warrant my cairying out my intentions. I have lutle doubt but that in future years, a larger piopoauin may be judiciously devoted lo similar purposes, paiticu arly if, as contemplated by the imperial Act, a by -.tern ot District Councils, and ihe local application ot funds available lor internal improvements should come into effective opciation. 8. On the most impottaiit subject of education, 1 would obseive that it ua-s almost the ikst point of great and geueial inteiesi which occupied the attention of my Executive Council, after the Separation of the Colonies had tnken n'ace ; and I have been induced in consequence of the anomalous position in which we are found to stand in the new colony, in seeking to carry out the existing arrangements as authorised by the Act of the Governor and Council of New South Wales, itlU Victoria, No. 48, to propose the introduction of a system of public education, based upon somewhat modiiied principles to those now in force. The draft of a tshoit J3ill will be submitted to you early in the session, constructed with this view. It will be accompanied by sufficient documentary or verbal explanation, to enable the Council to ioim a conclusion upon the applicability of the scheme pioposed to the ciicumslnnces of our population, and to decide whether ie would be well to introduce it formally in this session, or defer the decN sioa upon this most important subject to the early session oi 1552. I shall be disposed lo modify the estimate of appiopriation for education to be placed before you m any manner consistent with my power, accoiding to the decision you may at live at on this head. 9. 'lhe present judicial ariangement of the colony being in many respects, a peculiar and inconvenient one, 1 have to suggtst that eaily advantage should be taken ot the Hbeily conceded to the Government'of the colony by the Imperial Act, either to cgntinue the arrangement now in force, or to proceed without much delay to the establishment of a bupreme Court lor the colony of Victoiia. In the impiession that this will be held to be the ptoper course, the draft of certain bills, framed with a view to place the administration of justice upon a more satisfactoiy footing, will be laid upon your table, in order lhat the Council may come to a decision as to the course it may be expedient to adopt. The formal introduction of these measures may, if the Council judge proper, be deferred until next session. In the mean time I am anxious that the whole subject of the administration ofjustice, in all its more important blanches, and the public expenditure connected therewith, should receive the fullest consideration on the part of the Council. 10. There is still one subject of great and absorbing interest, to which it may be proper tor me to advert, as it is one which will undeniably exercise a great and lasting influence upon the future position and prospects of our colony. Tbe discovery of the existence of gold in large quantities in New South Wales, earlier in the year, has been quickly followed by that of mineral wealth in equal or perhaps greater abundance within our own limits, under circumstances which might leave it to be inferred that it may be found to exist throughout the length and breadth of the colony. The immediate effects of this discovery, the influence which it has at tbe outset exercised, more or less, upon the whole population, and the momentary difficulties and anxiety to which it has given rise, can only, be glanced at. I am encouraged, however, to hope that tbe more immediate consequences of these discoreries at this particular season of tbe year, may ultimately prove less productive of general embarrasment than may bave been at first anticipated, and that it will be found, that neither the agricultural nor the pastoral interest will suffer to any very serious extent. I am also encouraged to trust, that the large influx of population from tbe neighbouring colonies, at the same time that it must involve many grave considerations of a general character, may not be productive of the scarcity which some have apprehended. The prospects of tbe harvest throughout the whole of these colonies are most satisfactory, and there can be little doubt but that abundant supplies from without, sufficient to meet tbe demand, however great or unexpected, will not be wanting. The position into which the Executive Government of tbe colony, scarcely in full and assured working, has been thrown by these unexpected erents, has been an embarrassing one. The rise in the prjee of tbe necessaries of life, and tbe temptation held out to tbe subordinate officers of Government to quit tbe service, even after the discoveries in New South Whales in March last, induced the Governor-General to sanction an increase of remuneration to certain classes; which events, occurring within our own limits, subsequent to the separation of the colonies, have shown to be insufficient to effect the proposed object. I found it absolutely necessary at the commencement of October, to assume the responsibility of directing such further and more general increase, in the scale of remuneration to the clerks in the various Government departments, and subordinate officers of Government, as might present a remedy; give that degree of encouragement which was justly claimed at tbe hands of the public, and remove every just cause for desertion. It has also become imperative upon me to make considerable additions to the police force of the colony, not only for the purpose of assisting the Crown officers in carrying out the regulations, and furnishing escort for the gold sent to the towns; but also ior that of ensuring good order, and due observance of tbe laws amongst the large population congregating at tbe various workings and pouring into the colony. In taking these measures, I have relied upon the sanction of the Legislative Council of the colony, and its willingness to make provision for such portion of thia expenditure, as may justly be held to form a charge upon the ordinary revenue. Many difficulties arising from the very circumstances, and the character of the public excitement, have bad to be met by Government, in seeking to carry out the prescribed regulations for the control of the gold fields, and in taking those measures, which it was called upon at once to adopt, under every circumstance of disadvantage, for the preservation of order — no exertion has been spared, however, to attain these objects, and the general results up to this date, thanks to tbe orderly conduct of out owa population, have been upon the whole satisfactory.

Whatever may be the course pursued, ultimately, with refeience to thi" imporiaut subject, I am most anxious to advocate ami adopt such measures as may be for the public interest', and 1 confidently rely upon the Legislative Council ot the colony to afford its assistance (o this end, whenever the reieipt of the instructions from Home, which, in the case of the older colony, may be expected befoie the close of the present year, may enable me to decide upon the cbarncter of the measures to be adopted, and the expediency of calling for that co-opera* ion. 11. I shall consider it my duty at all times to afford the Council every information in my power upon subjects of general interests, and, as occasion oilers, to place before it any documents explanatory of the state of the colony, the measures of the Local Government, | or the results of existing arrangements, which m,iy assist its dehbeiations. And now, Mr. Speaker and Gentlemen, I am not for my part inclined to undei value the responsibility of the fas!;, which the favour of Our Gracious Sovereign, the i law of our country, and the voice of the community, have placed in our hands. It is a noble one, and far higher interests than those of the parsing hour, demand thai it should be well performed. What we sow our children will reap. It is for us to prove to the mother country by the temper and prudence with which we fulfil our duties, that we are not unworthy of her; and we have to show to the world, that in the case of Victoria, early piecocity and extraordinarily rapid physical and perhaps moral development, are not necessarily followed by eaily decay and failure of power— but that, uuder God's good providence, her matured age will not be unworthy of the promise of her youth. His Excellency then left the Chamber, and the House adjourned till three o'clock.