Page:History of West Australia.djvu/276

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224
WEST AUSTRALIA.


the work that now lies before us, and I trust, with God's blessing, and the support of the people of this colony, to conduct it to a successful issue."

To give the projected bill more weight public meetings were held in various parts of the colony. Mr. Lee-Steere, speaking to a meeting at Bunbury on 29th March, said that soon after his arrival in Western Australia he was present at a meeting of the Legislative Council, and was shocked and indignant with the indifference shown to public opinion by the Executive; it was the arbitrary will of one man prevailing over a Council of cyphers in the machinery of government. Resolutions favouring Representative Government were carried. On 31st March a meeting was held at Fremantle, when similar resolutions were passed, after Mr. L. Samson had expressed his satisfaction with the attitude of Governor Weld. Public meetings were held at York, Northam, and other towns with like results. Governor Weld was nothing if not outspoken, but with all his frankness he was invariably a generous critic. On 1st March, 1870, he wrote Earl Granville:—"I see no reason to suppose that under the present system the colonists will ever become more fitted for self-government, and I greatly dread that if its introduction be long deferred they will become far less fitted. At present there are still men among them whose English education and English reminiscences would guide them in the almost forgotten path; the younger generation may grow up with less political education, and far less thought, I fear, of the real responsibilities of good citizens and loyal subjects. An almost primitive simplicity and kindliness of manners, very pleasing to see, strangely enough co-exists in the same country that holds a large proportion of the criminal class; and I should be unjust were I not to point out with gratification that it is not uncommon to find men formerly belonging to the latter class who have made good settlers and have raised themselves to a position of respectability and independence. An influx of population and riches, such a 'rush' as has heretofore taken place in almost every other portion of the Australian colonies, would, did it find us under the present system, result in an almost irresistible demand for universal suffrage and responsible Government at a time when such a concession would be unsafe and pregnant with disastrous consequences

Under the provisions of the Acts 13 and 14 Vic. c. 59, 5 and 6 Vic. c. 76, and 7 and 8 Vic. c. 74, which relate to the constitution of a Legislative Council, and under which a bill was now drawn up, the local Governor was empowered to establish, subject to the assent of the Home authorities, a new Legislative Council, on providing for such sums as were authorised by the Imperial Parliament for defraying the expenses of civil establishments. Any new constitution thus provided for would take effect immediately after the issue of the writs for the election. New electoral districts could be established from time to time, and the number of members might be increased, provided that the ratio of elected be not more than two thirds of the nominee and official members. Every man of the age of twenty-one years having property within the district in which he might be registered of the clear value of £100, or being a householder paying a year, or holding a depasturing license, would be entitled to a vote. No person could be elected a member of the Council unless he possessed lands or tenements to the yearly value of £100, or of the value of £2000 above all charges and incumbrances. The non-elective members were to be designated and appointed by the Queen, which power might be delegated to the Governor, and every non-elective member retained his seat for five years unless the Council were dissolved by the Governor. Members would forfeit their seats if absent for two successive sessions, or if they became insolvents or public defaulters. The Governor was empowered to name the time and place of meetings of the Council, and to prorogue or dissolve the same whenever he deemed it expedient. A session of Council must be held at least once in every year, and the Council was to be elected for five years; it could be dissolved at any time by the Governor. A member of the Council must be elected as Speaker before proceeding to the despatch of any business, which election required confirmation by the Governor's sanction. One-third of the members were necessary to constitute a quorum.

The Governor was required to transmit to the Council such bills as he desired to introduce for the consideration of its members. Every bill passed by the Council, as well as every law proposed by the Governor and passed by the Council, must be assented to by the Governor at his discretion, subject to the provisions of the Act and the instructions of the Home Government. It was not necessary for the Governor to reserve a bill for Her Majesty's pleasure; he might declare that he withheld Her Majesty's assent, and Her Majesty might disallow any bill assented to by the Governor. No bill reserved for Imperial sanction became law before the assent was proclaimed. The Governor was bound to act in obedience to the instructions of the Home Government. He might, with the consent of the Council, appropriate the revenues derived from taxes, duties, rates, and imposts, but could not make laws for the appropriation of Crown lands. District councils could be established, with power to levy assessments, rates, tolls, &c., in respect of public works. Customs duties could be imposed on any goods with the consent of the Governor. Finally, the Constitution might be remodelled by the Governor and Council, with the consent of the Imperial Parliament. These were the main provisions of the new Act.

The measure which Governor Weld introduced into the Legislative Council on 23rd May, 1870, went beyond even the old prayers of colonists, and instead of merely allowing for the election of members equal in number to the official, it gave a majority of six. There were to be in the Council only three persons holding office under the Government—the Colonial Secretary, Attorney-General, and Surveyor-General. Besides these, the new Chamber was to consist of three members nominated by the Governor, and twelve to be elected by the constituencies—eighteen members in all. The Governor was no longer to preside over legislative deliberations. Altogether, the Constitution was a distinct advance on the old system, but even now the Governor was almost as powerful as before. The elected members could command a majority, but the Governor could veto any measure they put forward. The official and nominee members might be supposed to represent the views of the Governor, to oppose whom the one weapon in the hands of the elected members was to attempt a deadlock, when the Governor could retort by dissolving the Council. In brief, it might be said that the Crown's prerogative was stronger than the People's rights. Mutual forbearance, and a conscientious consideration of the public weal by the Governor and the Councillors, were the necessary safeguards to prevent the new Constitution from being obstructive.

Colonists were not yet agreed as to the precise form of government which would be best for them. Some asked for