SOUTH AUSTRALIA. (For Alterations in proposed Constitution.) (Presented by Mr. Hutt.) The Memorial of the undersigned Colonists of South Australia, Humbly sheweth, THAT the Acts to establish a Parliament in South Australia, and to confer South Australia. a civil list on Her Majesty, passed by the Legislative Council of the province in the late Session, are in two vital points directly opposed to the views and sentiments of the great majority of the colonists. In the first place, the Parliament Act provides that the Parliament shall consist of two chambers, one of which shall be composed of members nominated by the Crown for life. Secondly. The Civil List Act contains a provision enacting that the persons now holding office as Colonial Secretary, Advocate-general, Treasurer, Collector of Customs, and Commissioner of Crown Lands, shall (directly the amended constitution comes in force) receive gratuities equal to four years' amount of the salary they now receive. On these heads your memorialists beg leave to observe that the principle of a second chamber composed of nominees of the Crown appointed for life is totally opposed to the views and wishes of a great majority of the colonists; in addition to which they feel that a sense of duty to the community at large compels them to state in detail a few of the circumstances connected with the passing of the Parliament and Civil List Acts. Prior to the second reading of the Parliament Act, the elected members held several meetings, at which it was determined that the following resolution should be moved in council: "That in the proposed Bill for constituting a Parliament in South Australia, this council is of opinion that the upper chamber should be elective." This motion being duly proposed and seconded, a debate ensued, during which thirteen of the elected members declared themselves in favour of the elective principle, two spoke against it, and one seat was vacant (the council being composed of sixteen elective and eight nominee members). The Government officers and nominees opposed the motion, some on the plea that they were opposed to an elective upper house on constitutional principles, while they were all unanimous in declaring that, in their opinion, the despatches from the Colonial Office left no option between retaining the present objectionable system (which enables the nominees of the Crown, sitting and voting in the same chamber with the elective members, to carry measures in opposition to the majority of the representatives of the people), or adopting the Government measure of two chambers, one of which is to be composed of nominees of the Crown appointed for life; and the Colonial Secretary stated that "should the motion in favour of an elective upper chamber be carried, it would be fatal to the measure, as the Government would not only withdraw the Parliament Bill, but would oppose any Bill which might be brought in to amend the constitution by establishing two chambers, both elective." This declaration on the part of the Colonial Secretary induced some of the elected members to enter into a quasi compromise with the Government, whereby the clauses establishing the nominated upper house were slightly modified, these members being of opinion that this very trivial amendment of the constitution was preferable to the present very obnoxious system, which enables the Government by the aid of nominees sitting and voting in the same house with the elected members, to carry measures directly opposed to the votes of a majority of the elected members and to the views and wishes of the colonists whom they represent, and which would further continue to deprive the colonists of all control over the land fund expenditure, and of more extended 301. South Australia. legislative powers, it being positively asserted by the Colonial Secretary and Members of Government that, unless the principle of a nominated upper house were adopted, the Colonial Office would not give up the control of the land fund, or in any way permit an amendment of the constitution. Next, with reference to the gratuities which the Civil List Act provides shall be paid to the persons now holding office as Colonial Secretary, Advocate-general, Treasurer, and Collector of Customs, your memorialists would observe that, as they are informed and believe, it is contrary to the usages of Parliament for any member to vote on any question involving his own private and pecuniary interest, and that any vote so given must afterwards, on motion made, be struck off. A reference to the votes and proceedings of the Legislative Council will show that numerous divisions took place on the various clauses and schedules of the Civil List Bill, and, amongst others, that on the question for granting a gratuity equal to four years' present salary to the persons now filling the offices of Colonial Secretary, Advocate-general, Treasurer, and Collector of Customs, the votes of these officers will be found in the majority voting for such gratuities, and which gratuities would not have been carried had these officers abstained from voting: thus not only voting on a question in which they were personally and pecuniarily interested, but actually carrying by their own votes a measure calculated to put a sum of money in their own pockets at the expense of the colonists at large, and against the votes of a majority of the representative members. Your memorialists do not wish to dwell at too great length on the means taken by the Government to induce various members (who had at various times, as well in as out of council, declared themselves in favour of the elective principle) to abandon their views. They have already pointed out the misrepresentations of the Government as to the interpretation to be placed on the despatches of the Colonial Office, and would briefly point to the significant fact, that one of the most strenuous converts to the compromise with the Government was, immediately subsequent to the prorogation of the council, appointed to the lucrative post of superintendent of convicts, to say nothing of hopes and hints held out towards others of gratifying their ambition by nominations to the upper house. A careful perusal of the foregoing statement, and reference to the proceedings of the late Session of the Legislative Council, will (in the opinion of the memorialists) show that the clauses of the Act to establish a Parliament in South Australia, making provision for an upper chamber, consisting of nominees of the Crown, appointed for life, have been carried against the wishes of the colonists and their representatives, who have been misled by the assertion of the Government, that no other system would be sanctioned by the home Government. Such representation was always opposed to the opinion of your memorialists, founded upon a careful perusal of the despatches of the Colonial Office; but their views and opinions were rendered nugatory by the statement of the Colonial Secretary, that the Government would oppose any measure to amend the constitution, differing in principle from the one they had introduced. The views and opinions of your memorialists have since met with ample confirmation, in the much more liberal reform of the constitution introduced by the Victoria Government, which concedes the principle of an elected upper chamber, so earnestly desired by the colonists of South Australia; and your memorialists entertain the confident conviction that the colonists of South Australia are equally fitted to receive the great boon of an elective Parliament as the colonists of Victoria. Under these circumstances, your memorialists humbly pray that your Honourable House will be pleased, in any Act required to be passed by your Honourable House to grant an amended constitution to South Australia, to cause the following provisions to be introduced: first, that the second chamber should be composed of members elected for a term of years, the details of such election to be determined at a session of the Legislative Council, to be summoned prior to the Act to amend the constitution coming into force; and secondly, that as regards gratuities to the persons now holding the offices of Colonial Secretary, Advocate-general, Treasurer, Collector of Customs, and Commissioner of Crown Lands, which gratuities under the Civil List Bill have, as regards the first four named officers, been carried in their own favour, by their their own votes, contrary to the usage and custom of Parliament in such cases, South Australia. your memorialists pray that, in like manner, the question of these gratuities shall be left to the decision of the Legislative Council, to be summoned prior to the amended constitution coming into effect, and on which occasion the votes of the parties thus personally and pecuniarily interested shall not be taken. And your memorialists, as in duty bound, will ever pray. (4,013 Signatures.) NEW ZEALAND. RETURN to an Address of the Honourable The House of Commons, "COPIES of the Recent CORRESPONDENCE between HER MAJESTY'S SECRETARY OF STATE for the COLONIES and the ACTING GOVERNOR of New Zealand on the Subject of RESPONSIBLE GOVERNMENT." Colonial Office, 30 March 1855. (Mr. Adderley.) Ordered, by The House of Commons, to be Printed, G. GREY. |