SOUTH AUSTRALIA. No. 1. Encl. 1 in No. 1. Despatches from Lieut.-Governor Sir H. F. Young. No. 1. COPY of a DESPATCH from Lieut.-Governor Sir H. E. F. YOUNG to the Duke of NEWCASTLE. (No. 35.) MY LORD DUKE, Adelaide, July 21, 1853. (Received November 4, 1853.) I HAVE the honour of enclosing a copy of my address to the Legislative Council at its session opened to-day, and also a copy of the reply of the Council. ADDRESS of Lieut.-Governor Sir Henry Young to the Legislative Council at its MR. SPEAKER, AND GENTLEMEN OF THE LEGISLATIVE COUNCIL, IN opening the present ordinary session for the despatch of the public business, I am happy to have it in my power to congratulate you on the actual and prospective condition of the public revenue, which is such as to afford a sure and satisfactory index of the continued progress and prosperity of the province. 2. The ordinary revenue of 1853 cannot be estimated at less than 169,000l., nor the Land Fund at less than 240,000!. The remittances for the introduction of labour from October 1852 to May 1853, with a balance in England, amount together to 172,4807., all of which is available for the supply of labour in 1853. The number of immigrants at the expense of the Land Fund who have arrived from the beginning of the year to the end of June last is 1,994; and the Labour Fund is equal to the cost of the introduction in 1853 of 6,630 more labourers, even at the high rate of 20%. each for passage money, 3. The population of the colony is in excess of 70,000. The imports of 1852 are valued at 540,4197, the exports at 736,898/., and 873,0647. of bullion, in addition. The imports and exports, exclusively of bullion and coin, during the last six months, are respectively 670,9757. and 379,9407. 4. The ordinary revenue of 1854 will probably exceed 190,000l., and the Land Fund of that year 250,000l. Afte providing for the introduction of labour in 1853 to the extent previously mentioned, and after providing for the completion of works already contracted for, as well as for the survey and management of the waste lands and aborigines, I have directed part of the balance of the Land Fund of 1853, amounting to 45,000l., to be applied as follows:-5,000/. in aid of city improvements, 20,0007. (in addition to 20,000l. in 1853 from the colonial Revenue) to the central road board, 20,000l. in aid of local assessments of the district councils, and the rest in aid of immigration in 1854. I have also placed a balance of about 114,000% of the Crown moiety of the Land Fund in 1854 on the general estimates of the year. To the extent, then, of these several amounts, I have felt myself justified in anticipating the liberal policy of the Imperial Government, which, on condition of certain political changes in the constitution of the local Legislature being first effected, as I shall presently xplain, proposes in that case unreservedly to place under local control, for the future, the entire territorial revenue of the province. 5. I have directed the usual estimates of receipts and expenditure in 1854 to be laid before you. The estimated receipts permit roads, bridges, and other works of public convenience and improvement to be provided for on these estimates to the large extent of 155,000l. It will be the inclination no less than the duty of the local government always so to regulate the progress of the expenditure on public works as that the investment of private capital shall not thereby be interfered with, or rendered unnecessarily costly. Due regard to the spread of the population, to the cost of subsistence, and to the efficiency of a most important department of the public service, have justified my proposing to you to increase the numbers and the rates of pay of the police force. I have also felt it to be my duty to recommend to you that an addition should be made to the salaries of the officers of the Government. The increased cost of obtaining the necessaries and comforts of life has for some time past exceeded on an average of 150 per cent. the cost of corresponding items in the years when the present scale of remuneration was fixed; official incomes are thus much diminished below what was intended as a proper equivalent for the services and responsibilities of the officers. Independently of this accidental state of things, it is notorious that almost every other portion of the community, not necessarily dependent on limited and fixed allowances, has benefited by a rise in the value of property and an increase of income; you will therefore, no doubt, consider it but equitable that persons employed in the public service should not continue to be the only class either deriving no advantage or suffering loss from circumstances which have ameliorated the condition of the great majority of the colonists. The claims of the public servants to increased pay rest also on this further ground, viz., that official duties must become permanently more extended and more onerous, by reason of the enlarged political and social station to which the colony has attained. 6. The search for gold in South Australia has not hitherto produced any results of sufficient value to attract public attention, or to require official notice on the present occasion. The Echunga Gold Field is still resorted to from time to time by small parties of diggers, but the numbers at work continuously for any length of time are at present on the decrease. The police escort for the overland conveyance of gold from the neighbouring province has performed regularly and satisfactorily its periodical journies. Judging it to be politic to lower the charge for the conveyance of gold under police escort to a rate which should equalize it with the rate charged at Melbourne, and thus be no impediment to its transmission to Adelaide, sixpence per ounce has been substituted for the charge of one shilling and fourpence, formerly taken on gold remitted from Mount Alexander to Adelaide. Nevertheless, the quantity of gold imported overland is now considerably less than it was at first. In 1852 the gold brought by escort from Mount Alexander was 232,135 ounces. The quantity this year, up to the 25th June last, is only 61,548 ounces. This reduction of quantity is, I have reason to suppose, owing to the increased facilities which now exist for the sale of gold in other markets, and also to a diminished production of gold in Victoria. As the cost of the escort now greatly exceeds the current revenue derived from the overland conveyance of gold, its continuance after 1853 would entail a heavy charge on the general tevenue; and I have, therefore, not deemed it advisable to propose to you to make provision for this service during the year 1854. 7. The opportune and ample success of the Bullion Act of 1852, which vindicated the sagacious policy of the local Legislature, has been further crowned with the approval of Her Majesty's Government. I have directed the Despatches on this subject to be laid before you. The sterling value of the gold which was added through the influence of the Bullion Act and overland escort to the general capital of the colony has been not less than one million and a half, thereby stimulating commerce and reproductive investment in all their various ramifications, to an extent obvious to all eyes. The general economic results of the introduction into the colony of this fruit of the industry and enterprise of South Australian colonists may be illustrated in one instance, among many others, by recording the investment of at least 230,000% in the purchase of waste lands of the Crown. 8. In conformity with an address during the last session, I invite your consideration to amendments of the Post Office Act, so as to adopt at an early date the system of prepayment of all letters by stamps; and in furtherance of the views of the Home Government, as well as those of the neighbouring colonies, the system is proposed to be extended to the establishment of a uniform 6d. prepaid rate for all sea-borne letters between the mother country and the Australian colonies. The effectual working of the scheme proposed by Her Majesty s Government requires that it be adopted in its integrity. I have direeted the various despatches to be laid on your table, and I commend them to your early consideration. 9. A Bill will also be laid before you to increase the amount originally provided for the City of Adelaide and Port Railway, because of the advance which has taken place in the price of materials and labour. It is also proposed to enlarge the powers of the undertakers as respects the taking of lands, in order to permit of certain deviations of the line which are considered to be improvements, and which are shown on the plans referred to in the amended Act. Although I did not deem it expedient to comply with the recommendation of the Council for the appointment of a commission, with a view to the general amendment and codification of the law, believing such a measure to be at the least premature until the result of the corresponding inquiries instituted in England shall have been made public, I have not been unmindful of the importance of some legislation upon this subject. I have with this object directed to be laid before you a Bill for the more effectual administration of justice by means of the Supreme Court, founded, for the most part, upon an Imperial Statute of last year, which will, I trust, work a great and salutary change in the forms of procedure and practice of the Court. The main purport of the Bill is to remove those SOUTH AUSTRALIA. SOUTH AUSTRALIA. technicalities which have so long impeded the course of justice,—to substitute simplicity and clearness for the needless obscurity of legal phraseology, and to ensure that the substantial rights of parties shall no longer be overlooked or defeated upon mere points of form. The almost unanimous approval that has greeted the English Act upon which this is founded induces me to believe that it will effectually accomplish these objects; and I trust that equal success will attend those portions of the proposed measure which are not based upon an English precedent, in which it is proposed to facilitate references to arbitration, and to enable equitable claims and defences to be made available by means of the simpler and less costly forms of common law. I have also caused a Bill to be submitted to you to improve the existing system of the registration of deeds. There are other topics connected with the reform of the law upon which legislation may be found hereafter to be desirable, and upon which I trust to be prepared with measures for your consideration. Among these, I would recommend for your consideration during the present session the subject of the existing law of partnership, with a view to ascertain if it may not safely be so modified as to admit the principle of partnerships with limited responsibility. 10. I lay before you copies of Despatches announcing Her Majesty's gracious readiness, upon certain conditions, to grant to the legislature of this province the complete control of its internal affairs, and the entire management and revenue of the waste lands of the Crown. Concurring with my Executive Council, that the people of South Australia would willingly accept the offer thus made, I have therefore directed the preparation of two Bills, which will be laid before you, for constituting a Parliament, consisting of a Legislative Council and Assembly, and for granting a Civil List to Her Majesty. In the former of these Bills provision is made for the introduction of the system of responsible government, by enacting that the Legislative Assembly shall consist entirely of the representatives of the people; and that the acceptance of office by any member shall vacate his seat. As this change in the present constitution of the Government may possibly deprive of office those of the chief officers of the Crown who may either be unable to secure seats in that Assembly, or may fail to obtain a majority there, if elected, the Bill for granting a Civil List provides a compensation for the loss of office which would be thus occasioned. The amount required for this compensation is insignificant. It can form no precedent, inasmuch as the successors of the present officers will take office upon a different tenure; and while it is an act of bare justice to those who may be affected by the contemplated change, it is a trifling price to pay for the advantages resulting from the complete and effectual control over the administration which the new system will place in the hands of the Colonial Parliament. In framing the Bill for constituting a Parliament, a principal object has been to combine the advantages of a popular government with those which result from the existence of an independent body, identified with the permanent interest of the colony, and forming a security against hasty or partial legislation. With this view, the number of members of the House of Assembly is proposed to be increased, the elective franchise to be extended, the duration of the Assembly to be reduced from five to three years; and a more simple, and it is believed efficacious, plan of registration has been devised. It has been provided that the Assembly thus constituted shall have the same control over the revenue and expenditure which is possessed by the Commons House of Parliament in England; while the Legislative Council will consist of persons summoned by the Crown, who will hold their seats for life, and thus be independent both of the Government and of the people. Her Majesty's Government, after full consideration, has deemed it most accordant with the principles of the British Constitution that the selection of members for the Upper Chamber should be vested in the Crown. Experience has shown, that where the principle of responsible government exists, no permanent opposition can be maintained against the deliberate and repeated will of the community, as expressed through their representatives; and if these reasonable expectations should be disappointed, a power is reserved to the united Legislature of introducing such further amendments in the Constitution as may suffice to bring it into harmony with the circumstances and wants of the country. I congratulate you on this recognition by Her Majesty's Government of your right and your fitness to exercise the powers of self-government; and I may express my own satisfaction at being made the medium of introducing a measure which will prove, we may hope, the commencement of a new era of improvement and progress. It remains, then, for you to decide whether these important concessions shall be availed of on the terms on which they are offered. Their acceptance will cause the future destiny of South Australia to be confided to the wisdom and patriotism of its citizens; and I have every confidence that they will prove themselves worthy of that high trust. I now declare this session to be opened. July 21, 1853. H. E. F. YOUNG, Lieutenant-Governor. Erclosure 2 in No. 1. REPLY of the Legislative Council to the Lieutenant Governor's Address at the opening of its Fourth Session. To his Excellency Sir Henry Edward Fox Young, Knight, Lieutenant Governor of Her May it please your Excellency, The humble Address of the Legislative Council of South Australia showeth, That at a meeting of the said Council holden on the 22d of July 1853 it was resolved,— We, Her Majesty's dutiful and loyal subjects, members of the Legislative Council of the province of South Australia in Council assembled, desire to thank your Excellency for the Address with which you have opened this session of the Council. We are happy to be informed by your Excellency that the financial condition and prospects of the colony are satisfactory. We appreciate the liberality and confidence displayed by your Excellency in placing at our disposal the whole available balance of the Crown moiety of the Land Fund. We shall gladly provide for such an increase in the numbers and pay of the police force as may be found necessary to ensure the efficiency of this important department, and we shall be prepared to consider the claim of the officers of Government to an increase of their salaries. We learn with satisfaction that the policy of the Bullion Act has been approved by Her Majesty's Government. We shall be glad to consider the several Bills mentioned in your Excellency's address, when laid before us in their detailed form, We gratefully appreciate the wisdom and liberality of Her Majesty's Government in proffering to our acceptance the important concession of a complete control over our internal affairs, and the entire management and revenues of the waste lands of the Crown; and we shall enter upon the consideration of the Bills directed by your Excellency to be laid before us, for constituting a Parliament, and granting a Civil List to Her Majesty, with a sincere desire to secure the permanent prosperity of this province. Legislative Council Chamber, JOHN MORPHETT, Speaker. SOUTH AUSTRALIA. Encl. 2 in No. 1. No. 2. COPY of a DESPATCH from Lieut.-Governor Sir H. E. F. YOUNG to the (No. 76.) MY LORD DUKE, Adelaide, November 10, 1853. I HAVE the honour to transmit an Act, No. 3 of 1853, entitled "An Act to establish a Parliament in South Australia," for the signification of Her Majesty's pleasure. This Act passed the Legislative Council on the 29th of September last, and was reserved for the signification of Her Majesty's pleasure this day. 2. On the 4th instant the Council passed an address to me, praying that your Grace should be moved to proceed at once with the necessary parliamentary enactment to enable South Australia to avail itself of the provisions of the above Act at the earliest possible period, without reference to any Acts of the other Australian Legislatures, and without waiting to embody in a single Imperial Act all the constitutions of the various Australian colonies; it being considered by the local Legislature of South Australia not improbable that the experiment of the new constitution would be tried in somewhat different modes in the different Australian colonies, and that each would have the better opportunity of gaining experience from all. 3. I have the satisfaction of reporting to your Grace, that the enclosed Act provides for the establishment of that identical form of constitution which the late Secretary of State and your Grace commended to the adoption of the local Legislature, and that in no particular does it exceed the limits of the Despatches from Downing Street having reference to legislation upon the subject of the new constitution. The Act herewith transmitted has been passed by the Council, upon the direct assurance that Her Majesty's Government would introduce to the Imperial Parliament such legislation as might be requisite to give effect to the measure; and, under these circumstances, I am advised that I am justified in reserving the Act for the signification of Her Majesty's pleasure. No. 2. SOUTH AUSTRALIA. *No. 77, Nov. 10. Page 149. 4. I would beg to observe, that any assumption of powers which may seem to be not vested in the local legislature, proceeds from no desire on the part of that body to transcend the sphere of their authority, or to interfere with the prerogatives of the Crown or the supremacy of the Imperial Parliament; and, I would add, that in no way could the local Legislature so definitely bring before the Home Government and the Imperial Parliament the precise changes which they desired, than by embodying them in the present Act; and thus the legislation required in Great Britain to give effect to local legislation would be shorter and more simple than by any other method. 5. I am advised that in order that Her Majesty's assent to this Act may have any effect, it will be requisite that an Act should be passed in Parliament repealing "The Waste Lands Act, 5 & 6 Vict. c. 36., an Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies,' so far as relates to South Australia; and also enabling Her Majesty to give assent to the Act transmitted herewith, and enacting, that upon such assent being given, all the provisions of that Act shall have the force of law in the same manner as though they were re-enacted by such Act. 6. The Act now transmitted gives to the Legislature of the colony absolute power of legislation in all matters not involving any Imperial interests; but it does not presume to define what are and what are not Imperial interests; and it leaves the ultimate decision of any question which may arise upon this point to the Judicial Committee of the Privy Council. With this Act, but in a separate Despatch,* I shall have the honour of transmitting an Act for granting a Civil List to Her Majesty, which makes increased and liberal provision for the Governor, Judges, and other principal officers of Her Majesty's colonial service in South Australia. I have, in conclusion, to report that the enclosed Act, No. 3 of 1853, intituled "An Act to establish a Parliament in South Australia," is reserved for the signification of Her Majesty's pleasure, and I hope at an early date to be enabled, under the 93d clause of the Act, to proclaim Her Majesty's gracious assent thereto. The Duke of Newcastle, &c. I have, &c. (Signed) H. E. F. YOUNG. Encl. in No. 2. Preamble. Enclosure in No. 2. AN ACT to establish a Parliament in South Australia. WHEREAS by an Act of the Imperial Parliament, passed in the session holden in the thirteenth and fourteenth years of the reign of Her present Majesty, intituled “ An Act for the better Government of Her Majesty's Australian Colonies," it was, amongst other things, enacted that, notwithstanding anything therein contained, it should be lawful for the Governor and Legislative Council of the province of South Australia from time to time by any Act or Acts to alter the provisions and laws for the time being in force under the said Act of Parliament, or otherwise, concerning the election of the elective members of such Legislative Council, the qualification of electors and elective members, or to establish in the said province, instead of the Legislative Council, a Council and a House of Representatives or other separate Legislative Houses, to consist of such members to be appointed or elected by such persons and in such manner as by such Act or Acts should be determined, and to vest in such Council and House of Representatives, or other separate Legislative Houses, the powers and functions of the Legislative Council for which the same may be substituted: And whereas Her Majesty hath been pleased to intimate Her most gracious intention to recommend to Parliament the passing of an Act to repeal an Act passed in the session holden in the fifth and sixth years of the reign of Her present Majesty, intituled "An Act for regulating the Sale of Waste Land belonging to the Crown in the Australian colonies," in order to place the disposal of such waste lands within the said province and the appropriation of the funds arising from the disposal thereof under the control of the legislature of the said colony, and also to confer upon the legislature of the said province full powers of legislature in all matters affecting the same, provided that due provision be made for the support of the government of the said province, and that the constitution of the said province be altered in such manner as to assimilate it to the constitution of the United Kingdom of Great Britain and Ireland: And whereas it is proposed by Act of the Governor and Legislative Council of the said province to make such provision for the support of the government of the said province, by granting to Her |