The Sun.
London, England, 1850-03-23 00:00:00

their
reasons upon an able paper furnished by the chief
justice of the Cape of Good Hope, vi ho commended the
fusion of the popular element in'o the government.
_7l. eh ought to have two assemblies. the upper one of
71lieli should be nomitmeed by the Crown, and should
last for ever. And now he asked them to see, wi,h re-
gard to the Australian colonies, upon what the Govern-
meat founded their reasons for departing from the
course they originally held. Tte reason was they said,
that custom had conciliated end at-echtel the colony
tthe present form of government, that any material
7,,i:ration in that respect was undesired, and that if
):.„! Y established that form of government in
'"e'r South Wales, it would not be wise to
eatshlish a different form of government in the
Australian
colonies. In a letter from Lord Grey
qSir Charles Fitzroy, dated the :30:h of July, 1847,
d in Sir Charles Fitzroy 'fi letter in reply to it, the pro-
posalhaving two house% was recommended, andin the
Lana of Sir William fennyson from Van Diemen's
eattna
, that. gentleman strenuously recommend° I the
1:1"P'ion of the second house of assembly. From these
the Government
he might conclude that the reasons assigned by
Government for departing from the 01,1-established
eirseiple, of colonial goverment were futile and incon•
usive. The institutions which a colonist ought to
bate when he arrived in the colony should be precisely
thole, or very similar to those which he left behind him
1i
the molter country. The British colonies ought, in fact,
to ee brought iet ) the closest harmony with the form of
r"ernment which we enjoyed here. At present he
Olt the Government were acting upon al erroneous
principle, and if the principle which he was contending
for should be adopted, and a second branch of the legis-
lature introduced into our modern system of c ilonial
40Yernment, then the question arose, whet should be the
'e°"'ktitittion of the upper chamber? The lion. Mem-
trepmed that t or should be elective, on the same
l'is• But if they were he did not think they
a,
c'sld work well together. Too Hon. Berouet, the
member for Seuthwark, who took so deep an interest in
the t
this subject
,had proposed, by laying an amendment on
table of tee House, that the colony should be divided
Into senatorial districts, out of which members of the
tPPer house should be chosen, having higher qualifies-
es, and by men of older standing than those by whom
the
neetnbers of the other house were chosen. He should
tefer the amendment to the BM as it stood at present.
® thought the Crown ought to have the power of no-
.4l,_inating some members of the council. He preferred
:ee amendment as more consisteut with their former
policy towards their colonies, and more in conformity
ttil the constitution of this country. He thougt he
to have the consent of the Government to
e•
amendment he proposed, because it was the
Dressed
to which they had always adhered, except when
ressed by an urgent necessity which was not shown
! exist in this case. He rested his proposition on
o grounds—the right of the colonies to have the
Same institutions as they had enjoyed in this country ;
!IA) secondly, that the best way to connect them
°f
eeerely with this country was to give them an identity
laws and institutions. He was encouraged by
;IM had fallen from the Noble Lord on a former ecca-
beu) when he referred to what had been declared abroad,
In only whispered in that House, "that the colonies
*. ere not only no a lvantage, but a burden," upon which
‘ho asked them not to consider that the colonies could
be separated from them without injury;" and added,
~that he was determined to maintain them unbroken."
wished also to remind them ef the observation of
ethos Talleyraad, " that if her enetniss could deprive
iluls country of her colonies, they would break down her
t;'st wall, nod fill up her last dike." He could not run
e..e risk of losing these possessions upon the plea of a
,
*nt•
ry economy.
They were an outlet for their popula-
ti°u and sources of their wealth. They could not be
separated without breaking down the stability and
ItY of the empire. He entertained a strong opinion
that they should give the colonies the same. instite-
tleus as they enjoyed at home, for if they did not
the Y could not expect the same advantages from
Jerte as outlets for their population, tie the better
_
s of emigrants w.euld not go to thtm, less they they could realise in their new location the same
_yt Pectations as they. could anticipate at home. As
nurcei of wealth neither could they expect the same ad-
.._Ystitages. He was ready to admit that British prosperity
indebted to the superior skill and cnrrgy of the peo-
ple. At the same time, he thought they owed much to
the form ef their Government, and the liberty and order
71lich it secured to property. He would retain the colo-
s as the mainstay of their power, nor suffer them to
fall for want of cohesion, by placing them on the broad
Platform of a common liberty, through which they might
0 united with them for ever.—(Hear, hear.) They
should consider all as members of ono large family,
Joined together by ties of a common loyalty to the same
Onstitution, nd a eople enjoyin the same laws, united
1 a community ofp interest andg reciprocatieg the im-
Proverneets of the whole world. He would apply the
ellument of a great man as the principle of these unions:
Ze"Populus enim non omnis callus hominum quoquo
Zed() congregates, sod corusinultitudinis juris consensu
1/4.que utilitatis communione sociatus." If we have the
_ Juris consensum," the rest would be certain to follow.
""s(llear.) If we give them the same institutions as we
Ourselves enjoy, we shall find the same liberty, the
4
°toe law, the same morality, and religion going to-
tether.—(Hear, hear.) We shall thus be doing justice
to the colonies and extending the resources of this great
expire for our own advantage. He thought that the
rtaMple which we would thus be setting to others would
no mean degree contribute to the moral advancement
sad the social and intellectual improvement of every
Other nation. He ought to apologise for bringing for-
ra.rd this subject at such a time as the present, but feel-
convinced that a great opportunity was now afforded
e` Uniting the colonies to us more closely than we had
ritberto done, by identifying their interests with ours—
°Y assimilating their institutions to our own—he could
!lot refrain from submitting these observations to the
bet• ter judgment of the House. That being done, he
gad only to thank the Committee for their indulgence,
Ittid the attention with which he had been heard, and he
bad now to submit to their consideration the proposi-
-4°lls 01 which he had given notice. Tho Honourable
• Learned Gentleman concluded by moving —" The
colission of the second clause, and to substitute instead
!hereof the following provisions:—' Anti be it enacted,
that there shall bo within each of the said colonies of
New South Wales and Victoria a legislative council and
e
`ePresentative assembly ;' " and resumed his seat amidst
‘4le cheers of the House.
Mr. HAWES said, if the Government had deviated
,811'cen introducing into this Bill time-honoured institu-
'lons, they did not do so on light grounds. They did
seon the broad principle that they should have the con-
at of of the colonies to measures which they brought for-
'ard.
t lie admitted that the dispatch of his Noble
Friend Earl Grey was the basis of the present measure.
,
he Learned Gentleman referred to the report of the
Committee of Council, which he stated gave an opinion
f,trrourable to the establishment of two chambers, but he
'4'd not quote the reasons which they assigned in a sub-
Sequent part of the report for deviation from such a
course. The people of New South Wales were not dis-
contented with the form of government which they en-
03'ed, and strongly urged that no alteration should be
!lath, in it without the consent of the people. They were
set, however, bound irrevocably to this Bill, but the
Government thought they might alter and vary it as the
colonists might hereaf er think most in accordance with
their feelings. There was an unanimity of sentiment
among the colonists upon this point, however they
might differ upon others. But no alteration should be
blade in the constitution without their consent. The dis-
Petch of Sir Charles Fitzroy referred to a petition
*filch was transmitted from Sidney, signed by 3,100
Persons of great respectability and of various political
°Pinions, the prayer of which was that they should not
", forwarded
two houses of assembly. A petition bad beets also
4orwarded from Port Philip that they were contentel
Ivith their constitution; and another from Windsor, in
South Australia, to the same effect. The First Lord of
the Treasury had presented a petition from merchants
connected with the trade of the colony, and signed by
Parties who had been members of council, and who
k, new the feelings of the colonists. They stated that the
would ibe well received in the four colonies—Vic-
!oria, Van Dtemen's Land, South Australia, and New
South Wales. All the local newspapers in the colony
approved of the Bill in all its main provisions, sad as far
Ise the sentiments expressed through that medium to
represent the opinions of the colonists, it would prove
they were in favour of iho Bill.—(Hear, hear.) Except
these manifestations of opinion, he knew none adverse
to the Bill. A great meeting took place at Sidney,
and all the speeches delivered there were in approval
cf. it. Mr. Wentworth, a gentleman well known to
gentlemen opposite, said at that meeting, whatever
might be the opinion with regard to a second cham-
ber, t, there was no absorbing interest taken in
its establishment;" and a resolution was come to,
that no change should be made without their consent.
Attention had been directed to the dispatch of Lord
grey in 1848, in reply to the Governor, Sir Charles
Fitzroy, in which he stated that he did not regret the
delay which hail taken place, because it afforded an op-
portunity to ascertain the feelings of the colonists. He
came to that conclusion because he did not desire to force
government against the feelings of the people, how
e'er it might be suited to the taste and feelings of the
People of this country. If they wished institutions to
take root it was not by forcing them against the send-
talents of the people, however honoured by time and ex-
perience. The Leatnel Gentleman referred to the opi-
tions of governors on this question, but he had a right
to claim the approval of the Governor of Van Diemen's
4,and, that this would give the colony the same institu-
tions as the other colonies. Sir Richard Bourke, Sir
John Franklin, and Sir George Gipps, as well as Sir
George Arthur, expressed the same opinions, as well as
iris friend Mr. Charles Buller. They had, therefore,
evidence that the Bill would give satisfaction.--
(near, hear.) Ile believed that there was a degree of
concurrence of testimony amongst the colonists of New
South Wales that their constitution should not be al-
tered without their consent. If there was any consti-
tution that should be forced upon them it was the
llative constitution of England. They would propose
to loves° a constitution in the shape of Act of Par-
liament, independently of their wishes, but he preferred
to allow them a voice in the matter. What was pro-
',posed by Government was in accordance with the ex-
pressed will of the colonists. They proposed to give
there a constitution as it existed, and with it concede to
the colonists the power of altering it according to cir-
cletnatancss. If anything was wrong it would then gra-
dually right itself. Were they to enforce a parliamentary
constitution it would be injurious to the colonists and the
cropire at large.—(Llear.)
Mr. AGLIOL'UIY said ho would not dare to force his
opinions upon the colonists until they were prepared to
receive them. He dared not force a second chamber
Upon them against their consent. He did :not wish to
Drake them the subject of theoretical changes. The
colonists themselves deprecated such attempts. They
.lets hed lrsv:, a ct-n ,'arly en

461. upon Cae uu princiui sus t.lie c‘Aistitutiou of this
country. They would like to have two legislative
Aousee, but they thou4ht that they were not yet pre.