CHAP. XX REPORT OF THE ROYAL COMMISSION 187 preceded the passing of the 9 & 10 Vic. c. 104, the squatters never claimed protection against the bona-fide auction purchaser, but only against arbitrary ejectment by the Government.1 It also held that the assent of the Government to the applications for leases must be held to be proved, as a fact, by its long silence in the matter; but it adopted the view that, as a matter of law, the Government was not bound to grant the leases for the maximum terms allowed by the Order in Council.2 Its practical recommendations are as follows 1. Continuous survey and sale of Crown lands, with a view to the requirements of all classes of purchasers, so as to prevent the (average) price rising much above the existing legal minimum. 2. Granting of annual licences to existing occupants for pastoral purposes only. 3. Fixing of an uniform rent under such licences according to the grazing capabilities of the run, with minimum assessment of 1d. per acre. 4. Abandonment of the existing territorial classification.3 The extreme views of the squatters were represented by Mr. Forlonge, who declined altogether to sign the report, and charged its framers with being the mouthpiece of an unscrupulous anti-squatting party, and the report itself with being "subtle, insidious, and one-sided." 4 The extreme views on the other side found expression in the protest signed by Messrs. O'Shanassy, Fawkner, and Nicholson, who, in effect, proposed to rack rent the runs.5 More moderate expressions of dissent from the actual recommendations of the report were recorded by the Speaker (Mr. J. F. Palmer) and Mr. Charles Bradshaw, who held the view that the squatters were equitably entitled to compensation, and suggested that it should take the form of eight-year leases in the unsettled districts, subject to an unrestricted right of sale by the Crown without notice or compensation. This report practically ends the history of the matter for the period, for on the 23d November 1855, at the assembling of the Legislative Council for its last session under the existing constitution, the Governor laid before it the Imperial statute 1 Report in V. and P., 1854-5, iii. at p. 300. 2 Ibid. pp. 306-9. 5 Ibid. p. 326. 3 Ibid. p. 313. 6 Ibid. pp. 315-9. 18 & 19 Vic. c. 56, repealing the Land Act of 1842, and the matter was thus left to the discretion of Responsible Government.1 But in order that we may obtain a just idea of the magnitude of the subject, we may glance at a report presented to the Legislative Council on the 18th March 1856,2 in pursuance of a resolution carried at the instance of Mr. Fawkner on the 8th June 1855.8 The report shows that at the close of the year 1855 there were upwards of a thousand different runs in the grazing districts of the colony, that upon these upwards of five million head of sheep and nearly half a million head of cattle were being fed, and that the territorial income of the Government from the licence fees of these stations amounted to upwards of £60,000 a year, irrespective of the amount paid into the general revenue as the assessment on stock. At the same time, it is clear that the existence of squatting runs did not prohibit the process of sale. During the last half of the year 1855, 177,000 acres were disposed of by auction sale, realising a price of £326,000. Under pre-emptive rights 32,000 acres had been purchased, at a price of £34,000. Country lands continued to rise in value, the average price per acre during this period being £1: 9:11.5 1 V. and P., sub date. 2 Ibid. sub date. 5 3 Ibid. sub date. Report in ibid. pp. 515-526. CHAPTER XXI THE NEW CONSTITUTION DURING the period under notice several changes were made in the details of the Constitution. At the beginning of the year 1854 the Lieutenant-Governor introduced the Elective Franchise Bill, expressing his action as being under the provisions of the 5 & 6 Vic. c. 76.1 The Bill passed through the Council without much discussion, and ultimately became law as the 17 Vic. No. 32. It extends the electoral franchise to every subject of the Crown who, in consideration of payment, is entitled to occupy or mine on any waste lands of the Crown within the colony for a period of twelve months, and who has actually so occupied or mined for a period of three months before registration, the disqualifications of the Constitution as to crime and non-payment of rates and taxes being continued. This Act was presented to the governor for consent along with the new Constitution Bill, and was by him reserved for the royal approval.2 Owing to a technical difficulty, the royal assent was not received for upwards of twelve months, but on the 21st May 1855 it was duly proclaimed.* 3 Twice also during the period the numbers of the Legislative Council were increased. On the first occasion, in the year 1853, twenty-four seats, eight nominee and sixteen elective, were added, bringing the total membership to fifty-four. Of the sixteen new elective seats, nine were added to the existing county constituencies, and seven were given to the towns, Melbourne obtaining three new members." On the 1 V. and P., 27th Jan. 1854. This must be a mistake for 13 & 14 Vic. c. 59. 2 Ibid. 28th March 1854. 3 Ibid. 1854-55, ii. p. 419. 4 G. G., 22d May 1855. 5 16 Vic. No. 29. second occasion, in 1855, twelve new members were admitted. Of these the elected eight were distributed amongst the new electoral districts of Castlemaine, Sandhurst, Ballaarat, Avoca, and Ovens, all of these districts, with the exception of the last, being apparently divided into parishes. Some of the older districts were rearranged to provide for the new constituencies.1 Apparently it was not considered necessary to reserve either of these Acts for the royal assent. The numbers of the Legislative Council thus reached sixty-six. But these changes were, after all, mere matters of detail compared with the fundamental proposals then being discussed for the adoption of Responsible Government, to which we must now turn our attention. It seems undoubtedly true, though very curious, that, so far as Victoria is concerned, the first official step in the process was taken by the Home government, not by the Colonial legislature. In fact, in the session of 1852-3 Mr. Fawkner had moved for a committee to inquire into the Constitution Act of 1850, with a view to suggesting amendments, and the proposal had been met by a flat negative. But, on the opening of the following session, the Lieutenant-Governor laid before the Council a despatch from Sir John Pakington, enclosing a copy of another despatch to Sir Charles Fitz Roy, and “offering to the colony of Victoria the same concession on the same terms.' 2 "3 It appears from other sources that the protest adopted by the old Legislative Council at Sydney immediately upon the receipt of the constitution of 1850 had not received much sympathy from the Home government; but when, after the discovery of gold and the consequent inrush of population, the protest was renewed by the new Council, it had borne substantial fruit. Earl Grey's successor, Sir John Pakington, sent an answer which was practically a concession of all disputed points. The Secretary of State cannot admit the right of the colony to the Land fund, but he will grant it on grounds of 1 18 Vic. No. 34. 3 Ibid. 1853-54, ii. p. 385. 2 V. and P., 9th July 1852. 4 Ante, p. 151. 5 Committee appointed 31st Oct. 1851. Report 27th Nov. 1851 (cf. V. and P., N. S. W., sub dates) and copy report in ibid. vol. ii. p. 643. Adopted 5th Dec. 1851 (V. and P., sub date). And cf. statements of Mr. Adderley in (Imperial) Hansard (3d series), cxxxviii. p. 1974. Copy in V. and P., 1853-4, ii. p. 387. CHAP. XXI PROmise of RESPONSIBLE GOVERNMENT 191 expediency. The restrictions on the alteration of the Civil List, though of a trifling character, will be withdrawn. Transportation, even to Van Diemen's Land, will be wholly discontinued.1 Sir John Pakington points out that, owing to the recent changes in the Customs administration,2 the complaints of the remonstrance on that head have ceased to have any force. Curiously enough, that which seems to us the very marrow of the whole matter, the change to the system of Responsible Ministers, is hardly touched upon. The Secretary of State repudiates the charge that the Crown patronage has been unfairly exercised, and suggests that any contemplated Constitution Bill shall contain a Civil List (variable by the Colonial legislature) providing for the claims of political officials. But he practically accedes to the demand for a constitution resembling that of Canada, based upon a double-chamber legislature, and suggests that the Legislative Council shall at once proceed to frame it. This last point is noteworthy. Hitherto the Australian colonies have been governed by constitutions made in England; henceforth the initiative is to come from them. Almost immediately after this important despatch had been written, Lord Derby's Cabinet, of which Sir John Pakington was a member, fell from office, and was replaced by a coalition Ministry under Lord Aberdeen. The Duke of Newcastle succeeded to the seals of the Colonial Office, and he hastened to confirm the promises of his predecessor. It only remained therefore for the Victorian legislature to take full advantage of the invitation of the Imperial government. This it was by no means loath to do. Two days after the receipt of the despatches, a strong committee of twelve members, chosen by ballot, was appointed to consider and report upon the best form of constitution for the colony. On the 9th December 1853 this committee brought up its report, together with a draft bill, which was read a first time on the 15th.6 The discussion of its details will come at a later stage, but it will be necessary to sketch here the outlines of the scheme, in order that we may trace its progress to its final stage. Fortunately the means of doing so are easy of access, for 1 This had been the subject of considerable excitement in New South Wales and Victoria. Ante, pp. 164-167. 3 Despatch of 18th Jan. 1853, in V. and P., 1853-4, ii. p. 389. |