HOUSE OF COMMONS,—April 19, 1850. [From the Hobart Town Courier, August 10.] GOVERNMENT OF THE COLONIES.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 530, 31 August 1850, Page 4

HOUSE OF COMMONS,— April 19, 1850. [From the Hobart Town Courier, August 10.] GOVERNMENT OF THE COLONIES.

In the House of Commons the Australian Colonies Bill was the subject of discussion — a mere beginning of the discussion we suppose, for the 6th clause only engaged the committee. It enacts that the existing Legislature in Van Dieraen's Land and South Australia may establish in those colonies respectively a Legislative Council, to consist of twenty-four members ; one- third to be nominated by her Majesty, and the remainder elected by the inhabitants.

Sir W. Molesworth moved the omission of the words relating to the constitution of the Council, for the purpose of substituting other words, enacting that there shall be established in those two colonies respectively a Legislative Council and a House of Assembly, both chambers to be elective ; arguing that the reasons upon which the committee had decided that there should be but one chamber, partly nominated and partly elective, in New South Wales and Victoria, were wholly inapr plicable to Van Dieraen's Land and South Australia. This amendment was supported by Mr. E. Denison, who observed that the question had been much altered since the last sitting of the committee by recent intelligence from South Australia, where the Legislative Council had declared in favour of a double chamber ; and he announced his present intention of offering his strongest opposition to the bill, which he had hitherto supported. Lord J. Russell said the Government had learned from South Australia that the inhabitants of that colony had at a great public meeting repudiated the resolutions of the Council, and resolved that the bill was a wise, liberal, and comprehensive measure, which met the wishes and wants of the colony. He reiterated his objections to a second Chamber, whether nominated or elected. Mr. Anstey supported the bill. He preferred the one chamber. Mr. Aglionby would leave the question of a second chamber to the colonists. Mr. Roebuck argued very ably on the same ground ; he would lay the principles of selfgovernment, and leave the colony to govern itself. Mr. M'Cullagh would leave the boy to become a man. Lord J. Manners strongly supported the double chamber. Mr. Keogh said the question was not, as had been stated by the hon. member for Sheffield, whether the Australian colonies should have two chambers or a single chamber, but whether Parliament would continue in the colony of New South Wales the constitution that had existed there since 1842, and whether they would give this constitution to Van Diemen's Land and South Australia, with full power and authority to the colonial legislature immediately to revert to the system of the two Houses of Parliament at, home. This was permitting a much nearer approach to self-government on the part'of the colonists than the proposition of the hon and learned member, Mr. Disraeli said his vote should be given in favour of the principle of two chambers. That principle was essential to the security of society in the colonies, and it would conduce to their moral elevation by introducing into their communities aspiring elements. He advised the noble lord to pause until he was better informed upon that point ; and the Secretary of State had, within the last few hours, acknowledged that he was lamentably ignorant respecting it. Let the noble lord pause, then, until he obtained the necessary information. (Hear, hear). Mr. Hawes denied that the Secretary for the Colonies had abandoned his responsibility to the Committee of Privy Council. It had been a common topic of complaint that the Colonial Secretary acted in secret and without advice from persons capable of giving him information respecting the colonies. To meet that objection, the Committee of Privy Council was appointed, and now the hon. member for Bucks complained of that. The hon. member asked who Sir " Somebody" Ryan was, as if he did not know that Sir £. Ryan had been Chief Justice at Bengal. The bon. member omitted to state that Sir J. Stephen, whose knowledge of colonial affairs was universally acknowledged, was also a member of the Committee of Privy Council. The Secretary for the Colonies would not shrink from any part of his responsibility, and least of all from that connected with the introduction of this bill. Mr. Disraeli explained — The hon. gentleman said be (Mr. Disraeli) bad omitted to name Sir James Stephen : but that right hon. gentleman, though a member of the committee, did not sign the report, and therefore he (Mr. Disraeli) inferred that he did not approve of it. Mr. Scott said that the majority of the colonists were most decidedly in favour of a double chamber. Mr. Mowatt, as a colonist, wished to say that he considered the great defect of the bill was, that whilst the Government with groat modesty professed too much ignorance ot the wants or condition of the colony to legislate for it on a permanent basis, they would not leave the colonists free to legislate for themselves. Lord J. Russell said what was proposed by the Government was in strict conformity with Lord Stanley's measure of 1842. The bill contained nearly every proposition of that which was laid before Parliament last year, which was sent out to the Australian colonies,

and which in those colonies had excited, at all events, no voice of dissent ; on the contrary, the hon. gentleman who spoke last but one told them that the colonies bad hailed it with delight. The persons most connected in property and trade with tbe colonies urged them to pass the measure. He called upon the committee to sanction a principle known to the colonies, and approved by them, and in actual operation for eight years in New South Wales, rather than to form an altogether new constitution of very doubtful adaptation to the position of the colony, and of very uncertain acceptation there, and of very doubtful results, even if accepted. The only other alternative was the delay of tbe measure altogether for another year, a result which he was certain would be viewed with utter dismay by the colonists—(hear, hear). He trusted that the committee would decide the question with reference to the interests of the Australian colonies, and with no other consideration — (bear, hear). Sir W. Moleswortb said that the object of the omission he proposed was simply to establish in the colonies of Van Diemen's Land and South Australia respectively a Legislative Council and a House of Assembly elected by tbe colonists. The committee then divided, when there W ere — for Sir W. Molesworlh's amendment, 150 ; against it, 218 ; majority, 68. The amendment was rejected. Mr. Anstey then proposed an amendment in page 4, line 26, providing that the governors or lieutenant-governors of the colonies of Van Diemen's Land and South Australia should be directed to carry into effect tbe new constitutions, instead of the respective legislatures of those colonies. The amendment was negatived without a division. After a question by Mr. F. Peel, Mr. Anstey then moved that the words of the clause which empowered the Crown to nominate a certain number of the members of the two Legislative Councils to sit with the elective members should be omitted. The committee divided — for the amendment, 27 ; against it, 159 ; majority against the amendment, 132. The clause, as amended, was then agreed to, and the house adjourned.

April 22. Australian colonies bill. The House then resolved itself into committee upon the Australian Colonies Bill, resuming the discussion of its details at the seventh clause. On the 13th clause, which authorised the Governors and Councils of the respective colonies, subject to the provisions relating to the General Assembly, to make laws for their government, and for appropriating the revenue of each colony, provided they do not interfere with the crown lands therein, — Mr. E. Denison moved an amendment, giving power to the legislatures of the several colonies to dispose of the waste lands of the Crown therein. Lord J. Russell, referring to the Land Sales Act of 1 842, observed that it had been considered that if each colony were to have its own system of disposing of the waste lands, there would be no uniformity : the plan of Mr. Denison would, in that view of the case, be objectionable, and he thought it would be better not to introduce any clause upon the subject of these lands into the Bill, but leave the whole question as it now stood under the Land Sales Act. Mr. Roebuck suggested a change in the appropriation of the lands, as directed by the Act of 1842, by narrowly defining the limits of each colony, and within those limits leaving the appropriation of lands to the colony, but reserving all lands beyond the limits to the discretion of the Crown. Sir J. Graham, and other members, thought this suggestion highly worthy of consideration, and recommended it to the attention of the Government. Mr. E. Denison withdrew his amendment. On the 17th clause, which restrained the Colonial Governments from altering, inter alia, the sums appropriated to public worship in the colonies without the consent of her Majesty, — Mr. Lushington moved the omission of that part of the clause. Mr. Labouchere opposed the motion, observing that substantial reasons should be stated for altering a system that had hitherto worked well. Upon a division, the amendment was negatived by 200 to 54.

April 25. At this day's sitting the matters discussed were a restriction in clause 17 on the power of altering judicial salaries ; the revived subject of colonial boundaries, in connexion with Earl Grey's promise that couvicts shall not be sent into New South Wales ; and the General Assembly proposed in clause 30. The restriction'on reducing judicial salaries was opposed by Mr. Roebuck altogether ; but he consented to an improvement of the clause by the omission of words which placed any savings made at the disposal of the Queen.

' The boundary <qtiMtion In connexion -with the non-extension of convictism was recalled to attention by Mr. "D'enison. The colony of New South Wales, unless some positive boundary be assigned, extends indefinitely to the northwards ; yet Earl Grey has promised, that if the Legislature object, na more convicts shall be sent to any place within their boundaries ; this might in future prevent any district to the north being set apart for conv'sts. Lord John Russell explained, that tne bill expressly gives power to detach territories from New South Wales, and erect them into separate colonies. Thus, Moreton Bay may be made a separate colony ready to receive convicts, if New South Wales be averse. The novelty of a Federative Assembly was opposed by Mr. Vernon Smith, as unlikely to be of use, and as quite uncalled for by that Colonial opinion on which Government so much insists when defending the single Chamber. Lord John Russell adhered to these clauses, because they are permissive only ; a general desire for a Federative Assembly may yet spring up in two or three years, and then it might be inconvenient to lack the powers* Customs duties varying at the ports of the respective colonies would be an evil much to be avoided. Mr. Roebuck objected to the frame of the clauses, as entirely setting aside the great principle of federation — equality. They should act in all these matters' upon the principle that progress is at work in Australia — a new and great world is forming there which requires prospective legislation. Mr. Disraeli concurred in Mr. Roebuck's objections ; and added, that his objections proceeded from a sympathy with Lord John's prescient theory of federation — equality is antagonistic. Lord John Russell would take this apparent departure from equality into serious consideration, with a view to some proposition meeting the views of Mr. Roebuck and Mr. Disraeli. But Sir William Molesworth recurred to Mr. Vernon Smith's objections against the principle of the Assembly ; and Mr. Adderley enforced the general objections by additional and detailed criticisms of the clauses, which he maintained, will practically be compulsory. Sir William Molesworth took a division on the clause ; and it was cariied by 64 to 10. The bill was then reported.

April 29. Mi. £. Denison gave notice that on the report on the Australian Colonies Bill being brought up, he should move the introduction of a clause giving the legislature of each colony the management of the waste lands within those colonies.

May 3. The following notices stood upon the books to-day on consideration of the Australian Colonies Government Bill, as amended :—: — 3. Sir William Molesworth — To move that the bill be recommitted. 4. Mr. Mowatt — To move, that the bill be so amended as to provide that the maximum number of members to be nominated by the Crown to the Legislative Assembly or Council, in each colony, shall in no case exceed one-fourth of the whole number of which such Assembly or Council shall respectively consist. 5. Mr. Gladstone — If the House shall adopt the principle of an Elective Legislative Council, to move a clause. Also to move another clause. 6. Mr. Anstey — In schedule (C) part 1, instead of the sum of "£13,300" tb substitute "£5,000." To move the insertion of the following clause :— And be it enacted that the said island of Van Diemen's Land shall, from and after the passing of this Act, be named and styled Tasmania ; and that the said island, together with the several dependencies of the same, shall form one and the same colony, and be styled and reputed as the colony of Tasmania. 7. Mr. Anstey — To move the following clause :—: — And be it enacted, that the first writs for the election of the several legislative councils of the said colonies of Victoria, Van Diemen's Land, South Australia, and Western Australia, respectively, shall, as soon as conveniently may be after the passing of the several ordinances constituting the same, be issued by the Governors, Lieutenant-Gover-nors, or persons actually administering the Government of the said colonies respectively, anything in the said recited Acts contained to the contrary in anywise notwithstanding. The bill, however, was not brought under consideration.