Speech delivered on 4th June, 1857, in the Legislative Assembly by the Hon. the Treasurer, Mr. Torrens, on the introduction of his Bill for amending the law relating to the Transfer of Real Property.

Mr. Speaker, I do not attempt to remedy the evils complained of, by amendment of the existing law; that I believe to be impossible: I propose to abolish a system irremediably wrong in principle, and to substitute a method which I believe will, when explained, commend itself to the House as consistent with common sense, perfectly feasible, and effectual for all purposes required.

The first and leading principle of the measure which I introduce, is designed to cut off the very source of all costliness, insecurity, litigation, by abolishing altogether the system of retrospective titles and ordaining that as often as the fee simple is transferred, the existing title must be surrendered to the Crown, and a fresh grant from the Crown issued to the new proprietor.

The principle next in importance prescribes that registration per se and alone shall give validity to transactions affecting land. Deposit of duplicate of the instrument, together with the record of the transaction by memorandum entered in the book of registration and endorsed on the grant by the Registrar-General, to constitute registration. This method is designed to give confidence and security to purchasers and mortgagees, through the certainty that nothing affecting the title can have existence beyond the transactions of which they have notice in the memoranda endorsed on the grant.

My third principle aims at simplicity and economy by prescribing certain stereotyped forms of instruments available to each occasion to be supplied at the Registry Office, so that any man of ordinary sense and education may transact his own business, without the necessity of applying to a solicitor, except in complicated cases of settlements or entails, which are unusual in this colony.

Many will admit that the system which I recommend might have been introduced at the first founding of this colony, with facility and very great advantage, but doubt its practicability now that titles have become complicated. Admitting a difficulty, I deny that it is insurmountable, or such as should cause us to hesitate in securing the advantage of transfer by registration. I do not propose a scheme involving violent or arbitrary interference with existing titles, but would leave it optional with proprietors to avail themselves of it or not. It will thus be gradual in its operation, yet will put titles in such a train that the desired result will eventually be obtained.

Mr. Speaker, I cannot conclude without expressing my grateful sense of the compliment which the House has paid me, in listening with such marked attention to an address extended to an unusual length upon a subject admitted to be dry and unexciting.

I propose, it is true, a sweeping measure of reform, yet not more thorough than the nature of the case imperatively demands. In this view, I am again borne out by the high authority of Lord Brougham, who, in a speech which I have before quoted, thus expresses himself: "The present system has grown out of ingenious devices to evade the oppressions of feudal tyrants, but under it we are subject to the tyranny of the legal profession, and burdens little less grievous. The reform, to be effectual, must be thorough. Delenda est Carthaga must be our motto."



THE LAND QUESTION IN NEW SOUTH WALES

Source.—Fifty Years in the Making of Australian History (Sir Henry Parkes, 1892), pp. 70-71, 81-90, 148, 153

On July 3, 1855, I, (Sir Henry Parkes) moved for the "appointment of a Select Committee to enquire into the state of agriculture, with special reference to the raising of wheaten grain, and to the causes of hindrance or failure in that pursuit, whether arising from the habits of the people, the policy of the Government, or the physical character of the country." To understand the interest that fairly attached to my motion, we must review, or rather glance at, the state of the colony. The colony still included the whole of Queensland, and embraced an area of 978,315 square miles. Men of leading positions with seats in the Legislature, described it for the most part, as incapable of tillage, and only fit for grazing sheep and cattle, and for "nomadic tribes." A population not numbering more than 277,579 souls imported largely its breadstuffs from South America and other foreign countries. It is now well known that in all divisions of the colony—north, south, or west—there are as rich wheat lands as in any part of the world; but then the mass of the population were densely ignorant of the true character of the country, and those who knew better, were in too many instances personally interested in keeping them ignorant. The stories that were told of the fruitless endeavours of industrious men to obtain patches of land for a freehold home under the Order-in-Council seem, to the present generation, like cruel bits of romance.



APPENDIX TO EVIDENCE OF MR. J. ROBERTSON (before Select Committee.)

On entering upon the subject under enquiry by the Committee, it is my purpose to assume that the state of agriculture in general, and of wheat culture in particular in the colony, is exceedingly unsatisfactory, and, if not absolutely declining instead of progressing, is at least so with reference to population. The causes of hindrance or failure of agriculture generally, and of the raising of wheat, in particular, I take to be the first and greatest, that for many years the policy of the Government of the colony, whatever may have been its object, has unquestionably tended not only to check the formation of new agriculture establishments, but to depress existing ones.

While the agriculturist has been absolutely excluded from leasing any portion of the public land, and thwarted, harassed and dispirited at every turn in his efforts to obtain the submittal of such lands to sale, and subjected to public competition at auction before suffered even then to purchase, the grazier has been allowed to use them under a system of leases, affording him the greatest possible facility of possession, and at the lowest imaginable rental, namely, at the rate of 10s. per annum for 640 acres, with the right, in an overwhelming majority of cases, to purchase choice spots therefrom, without the slightest delay or trouble and at the lowest legal price, namely, 20s. per acre, and absolutely without competition.

Some of the difficulties above alluded to, as attending the purchase of a farm from the Crown, by any other than the favoured pastoral class, may be stated thus: The person seeking to do so must first make his selection—a matter not very easy of attainment, for persons holding land in a neighbourhood, instead of helping with information, almost invariably place every possible obstacle in the way of the newcomer. The selection made, the next step to be taken is to apply by letter to the Surveyor-General to have it measured. Shortly thereafter, that officer will reply and inform the writer that his application has been received and submitted to the District Surveyor for his report as to whether the land is fit for agriculture, etc., etc. and that when it is received the Surveyor-General will communicate the result, intimating at the same time that, should the District-Surveyor consider the land suitable for agriculture, and should there be no other difficulty, such as its being held under a squatting lease, or any of several others, it will be submitted to sale by auction.

The applicant may now expect to hear no more of the land for three or four months, when, if all goes on favourably, he will be informed that the District-Surveyor, having reported satisfactorily, has received from the Surveyor-General instructions to measure it. Now another wearying delay of several months' duration will in all probability occur, before the expiration of which, if the applicant is not a person possessed of considerable determination of character, he will abandon, in despair, all hope of ever becoming an Australian farmer, and help to swell one or other of our overgrown towns, by accepting employment there. If, however, he possess sufficient perseverance, he may visit the District-Surveyor, and probably learn from him that the land cannot then be measured, because the district under that officer is so very large, that it would be highly inconvenient for him to move from one portion of it to another to measure a single farm; that when several are applied for in the same vicinity, he will proceed there; in the meantime he has several months' work where he is, or the District-Surveyor may, after expressing sympathy with the applicant's loss from delay, candidly assure him that, in consequence of the great delay in receiving pay for his public work, he is absolutely necessitated to accept private employment in order to obtain sufficient cash to keep himself and party of four men on, until the Government make him his remittance, now three or four months due.

These and other preliminary difficulties the applicant must prepare to encounter; but even when all are surmounted and the land measured there will be two or three months' delay—in all probability eighteen months or two years from the date of his first application—before it is offered for sale. Then, at last, the applicant will obtain his land, if he be fortunate enough to escape the determined opposition of some wealthy person in the neighbourhood, or has money enough, and determination enough to purchase it, that opposition notwithstanding.

If it is a fact that the agricultural interests of the country are subjected to more climatic difficulties than are the pastoral interests, I take it that that circumstance cannot, properly, be brought forward as a reason why the agricultural interest should not, under our laws, have a fair field and no favour, as compared with the pastoral interest, in entering the market to borrow money in time of doubt and general want of confidence in monetary matters. If the agriculturist, in borrowing money to secure his crop, has to encounter a higher rate of interest than the grazier has to encounter, in consequence of the risk of damage to his crops from an unfavourable season being greater than the same in the case of the produce of the grazier, surely there is no reason why he should be compelled to submit to a still greater increase of interest, to compensate the capitalist for the additional risk of the borrower's insolvency before the crops are realised, especially when the grazier is, through the aid of "The lien on Wool Act" exempted from paying for such risk.

The effects of the policy of the Government, which I have described, may be found, on the one hand, in the fact that the number of persons who have been bred to agricultural pursuits, at present residing in the towns of the colony, is, beyond example, excessive, showing our social conditions in that regard to be in a most unsatisfactory state; and, on the other hand, in the other fact, that the wholesale price of flour in the colony is three times higher, per pound, than the wholesale price of animal food, of the very best description—a state of things not to be found in any other civilized country.

I am aware that the deficiency of agriculture, which is so remarkable in this country, is attributed to the aridity of the climate by many gentlemen whose experience entitles their opinions to respect; but, as I have during the eighteen years last past annually cultivated and sown with wheat a large quantity of land, in various parts of the Upper Hunter District—a district generally considered to be unfavourable for the purpose—and have, in that long period, only failed twice in obtaining crops, and have reaped two self-sown, which in a great measure compensated for even their loss. I can come to no other conclusion than that, whatever may be the disadvantages of the climate they are not sufficient to cause such neglect of agriculture as has occurred.

On the whole, I am confident that the difficulties placed in the way of agriculture by the climate are as nothing compared with the overwhelming obstacles furnished by the policy of the Legislature and Government of the Colony.

Before concluding this communication, I cannot resist the opportunity it affords to place on record my opinion, that even should all other means fail of providing the country with an ample supply of agricultural produce, a remedy may be found by allowing any person to enter upon and occupy 80 acres of waste land, without competition or delay, and pay for it at the upset price, four years thereafter; provided that he clears and cultivates 10 acres the first year, and 10 additional acres in each of the three succeeding years, and is at the end of the time residing on the spot.

JOHN ROBERTSON.

Yarrundi, Aug. 6th, 1855.

I also gave my general support to the Robertson Land Bill, which passed through a determined opposition, and became law eventually, after the violent expedient of "swamping the Upper House," which swamping, however, had no practical or immediate effect, as the old members, including the President, retired in a body when the new members attempted to take their seats. By the Constitution, the first Council was appointed for five years only, and the term was near its expiration when this historical incident occurred. So nothing could be done with the Bill, or anything else, until the next Council was appointed, whose term was for life.

Sir John Robertson's Act did immense good. Its broad scope was to enable men to select land for themselves in blocks from 40 to 320 acres, at L1 per acre, without waiting for any surveyor or other Government official, but subject to the conditions of a deposit of 5s. an acre, actual residence and improvements to the value of L1 per acre in value. The balance of the purchase-money was to remain for a time, not limited by date, at 5% interest. It is no figure of speech to say that this law unlocked the lands to the industrious settler, and notwithstanding the abuses which too widely grew up, it was the means of bringing into existence hundreds of comfortable homes in all parts of the colony where the name of its author is held in grateful remembrance. It will have been seen in a previous chapter what a network of difficulties surrounded the man of small means who tried to obtain a rural home in former years; and perhaps the highest tribute to the memory of Sir John Robertson is that, after all the amendments which have been carried, the chief principles of his Act are still imbedded in the law of the country.



QUEENSLAND

Source.—Sessional Papers of the House of Lords, 1861, Vol. XI

The Moreton Bay district was first colonised from Sydney as a penal settlement for doubly convicted criminals. But so soon as transportation to New South Wales ceased, remarkable progress was made in exploiting the vast natural resources of the colony of Queensland.

COPY OF A DESPATCH FROM GOVERNOR SIR W. DENISON, K.C.B., TO HIS GRACE THE DUKE OF NEWCASTLE.

Government House, Sydney. Dec. 5, 1859. (Received Feb. 9, 1860.)

My Lord Duke,

I have the honour to acknowledge the receipt of your Grace's Despatch, No. 11, dated 18th August last, enclosing copies of the warrant establishing Queensland as a colony separate from New South Wales, and appointing Sir George Ferguson Bowen, K.C.M.G., Governor of the same; also of the instructions issued to Sir George Bowen, and of the Order-in-Council empowering him to make laws and to provide for the administration of justice in the said colony.

Sir George Bowen arrived here by the mail steamer on the 15th ult.; he remained with me at Sydney, making arrangements for the establishment of the various departments of his Government, in which I gave him every assistance in my power, and he sailed for Moreton Bay in Her Majesty's ship "Cordelia" on the 3rd instant.

I enclose copies of the proclamation issued by me notifying the separation of the two colonies. The Proclamation Sir George has taken with him to Brisbane, and by its publication there the fact of its separation will be made known to the inhabitants of Queensland, which will from the date of that Proclamation, that is, 1st December, be in every respect freed from the interference of the Government or Legislature of New South Wales....

I have, etc.,

(Signed) W. Denison.

His Grace the Duke of Newcastle, etc., etc., etc.

COPY OF A DESPATCH FROM GOVERNOR SIR G.F. BOWEN TO HIS GRACE THE DUKE OF NEWCASTLE.

Government House, Brisbane, Queensland.

Jan. 6th, 1860.

(Received March 12, 1860.)

My Lord Duke,

In my Despatch, No. 3, of the 28th November ultimo, I mentioned that extensive districts within the colony of Queensland are well adapted for the growth of the sugar cane among a variety of other produce.

2. Since I wrote the above Despatch, I have seen three specimens of the sugar cane, which have been grown near the town of Maryborough. These specimens, which were finer than any that were shown me at Mauritius, were forwarded to Sir William Macarthur, a gentleman of large property, well-known ability, and great experience in scientific and agricultural pursuits; and who was Commissioner for New South Wales at the Paris Exhibition of 1855. I have received permission to transmit to your Grace the following extract from a letter containing Sir William Macarthur's opinion of the samples submitted to him:—"I yesterday made several trials of the juice of the sugar cane forwarded by Mr. Aldridge, of Maryborough.

"As I had to extract the juice by pounding the cane in a mortar, I only experimented upon the largest and the smallest of the three forwarded. As they appear to have excited some attention, I may mention that they were quite ripe, of a bright, yellowish-brown colour, with the joints from two to five inches apart, the largest being about ten feet long, not quite eight inches in circumference, and weighing just eighteen pounds. About three feet of the upper end, however, was too short-jointed to yield abundantly, and hardly ripe.

"The walls of this cane were exceedingly thick, giving it great stiffness, and solidity to resist storms of wind. It proved to be hardly so juicy as I expected.

"I understood you to say that these canes had been produced in eight or nine months from being planted, and without any particular care.

"Taking this for granted, there can be no question, I think, that with sufficient capital, and under efficient management, the cultivation of the cane for sugar ought to prove one of the most profitable arrangements which offer themselves in Australia, I mean at Maryborough, or other places equally well situated on the North-eastern coast. I have for many years thought that sugar plantations to the northward of Moreton Bay ought to be highly remunerative. The climate is favourable; there is no lack of good land, and unlike the Mauritius, we never hear of the ravages of hurricanes."

3. The opinion of so high an authority as Sir William Macarthur coupled with a number of facts within my knowledge, leave no doubt in my mind that, when Capital and Labour shall have been introduced, the cultivation of sugar may be carried on in this colony, with at least equal success as at Mauritius, and on a vastly more extensive scale than in that island.

4. I beg to subjoin a short description of the district of Wide Bay, or Maryborough (referred to above) condensed from a recent publication by a writer of local knowledge and competent authority.

The back country is extensive, its capabilities are so well known we need not dwell upon them. The soil on the branches of the River Mary and its tributary creeks, and within easy approach to the same is excellent and in large quantities. Its producing capabilities may be illustrated by the following facts: In one piece of ground may be seen growing in perfection the sugar cane, cotton plant, grasscloth plant, arrowroot, tascan wheat, yams, sweet potatoes, cassava, custard apples, pine apples, banana, guava, and many other tropical productions; alongside of which may be seen turnips, wheat, barley, mangel-wurzel, English potatoes, artichokes (Jerusalem), broad beans, maize, etc. At the same place a crop of maize (which was estimated to yield from 80 to 100 bushels to the acre) is in a forward state of ripening, and from the same piece of ground, three crops of maize have been gathered within the twelve months. Where is there another river in Australia with capabilities for the growth of such varied productions, each perfect of its kind, and such facilities for shipping, by vessels of the largest tonnage, the produce direct to any part of the world? Wheat has been only grown in small patches—each time, however, with success. Cotton was here produced in the same way from a few plants, and pronounced by competent judges to be of the finest quality both in staple and texture. Equally favourable results have been obtained with the other products named above. The particulars of climate I give from a resident of the township of Maryborough for a period of twelve years before the place was surveyed, who declares his own health and the health of his wife and children to have been excellent, and better than he or they ever had before, that he has never experienced a hot wind in the place and that the sudden changes of temperature as felt in Sydney are never felt in this favoured locality: that the rain showers are regular and abundant, more so than in any other place he has been in, in this colony; hence the extraordinary growth of vegetables, etc. Eight months in the year, not a finer climate can be found in the world, and the remaining four summer months are not so oppressive in their effects as in the other warm countries, from the temperature being more uniform, and the purity of the atmosphere so great. The same gentleman declares that he has, upon his occasional visits, experienced the heat in Sydney much more oppressive. Great natural capabilities exist in the township of Maryborough for the formation of dams at a trifling expense, which would collect large bodies of water. Minerals consisting of gold, copper, iron, and coal have been procured in several places in the district. Timber exists of cedar, cowrie, and hoop pine, a white hardwood known as fluidoza, gums, dye woods, and other most useful and valuable cabinet woods, are to be found in great abundance. The dugong is found in large numbers in Hervey's Bay, from which the famed oil is manufactured, also the pearl oyster.

All these are sources from which wealth will be derived, and which will afford employment to a large population. As to the aborigines of this district it may be placed to their credit, that they are willing at times to work, and even well. The steamer which trades to the place every fortnight always takes from Frazer's Island a number of them to discharge and load the vessel. They are also largely used in the town for cutting wood, drawing water, bullock driving, horse riding, and breaking up the ground in the gardens.

The population and trade of the town of Maryborough are rapidly increasing. The source from which the business is at present entirely derived is the pastoral or squatting interest, leaving all other valuable and important interests to be yet developed, such as agriculture, mining, fisheries, and the timber trade. A large agricultural population may be expected to settle themselves down on the river. Maryborough has been recently proclaimed as one of the great towns wherein District Courts are to be held. The exports are wool, tallow, etc., with great power of expansion.

6. I beg to suggest that a copy of this Despatch, together with a copy of my Despatch of even date herewith, respecting the cultivation of cotton in this colony, should be transmitted to the Royal Geographical Society.

I have, etc.,

(Signed) G.F. BOWEN. His Grace the Duke of Newcastle, etc., etc., etc.

No. 10.

COPY OF A DESPATCH FROM GOVERNOR SIR G.F. BOWEN TO HIS GRACE THE DUKE OF NEWCASTLE

Government House, Brisbane, Queensland, April 7, 1860.

(Received June 18, 1860.) (Answered, No. 22, July 19, 1860, p. 84.)

My Lord Duke,

In continuation of my former Despatches No. 5 of the 19th and No. 8 of the 23rd Dec., 1859, and No. 18 of the 4th February, ult., I have the honour to enclose copies of the Addresses presented to me at the three towns of Warwick, Drayton, and Toowoomba, which I visited during an official tour of inspection, from which I have lately returned.

2. It will be satisfactory to the Queen and to Her Majesty's Government, to receive these further proofs of the affectionate loyalty of the people of this colony towards Her Majesty's throne and person and (I may, perhaps, be permitted to add) of their confidence in the arrangement made, under Her Majesty's favour, for their Government.

3. My recent journey extended through those districts of Queensland, which have been longest settled and are mostly thickly inhabited. I was everywhere received with cordial hospitality by the principal settlers, and with loyal enthusiasm by all classes of the community. The numerous cavalcades of hundreds of well-mounted horsemen, which came forth to meet and escort the first representative of their Sovereign, presented spectacles such as can be exhibited in only two countries in the world—in England and in Australia.

4. As it was during your Grace's first administration of the Colonial Department that the wishes of the Australian Colonists were crowned by the concession of responsible Government, I will take leave to draw your attention to a paragraph in one of the enclosures, which explains a sentiment generally entertained by this people.

After stating that "the journey of his Excellency has been one continued ovation from beginning to end"; that "all classes have vied in doing honour to the representative of the Queen"; and that "all little sectarian differences, petty jealousies, and presumed rival interests have been merged in the laudable wish to give our first Governor a hearty welcome"; the "Darling Downs Gazette" proceeds as follows: "Not the least pleasing reflection that suggests itself when reviewing these demonstrations of general joy is the confirmation of the fact, now so long and in so many lands established, that those descended from the old stock at home, to whom self-government has been a timely concession, not a charter wrung from the Mother country by the force of arms, still recognize and revere the grand old institutions, which have made England the greatest power on earth."

14. I have described in a former Despatch, that rich pastoral District of the tableland which is known as the "Darling Downs." The droughts and the epidemic diseases which are frequently fatal to sheep and cattle in other parts of Australia seem alike unknown in this favoured region. Many large fortunes have been amassed there during the last 15 years.

15. While the impression created on my mind by the journey across the Darling Downs was still fresh, I stated in my reply to the Drayton address, that it had "filled me with surprise and admiration". Even before I left England I knew by report the rich natural resources and the picturesque beauty of this district, the scenery of which vividly recalls to my mind the classic plains of Thessaly. But I confess that I was not fully prepared for so wonderfully rapid an advance in all that can promote and adorn civilization, an advance which has taken place during the fourth part of an average lifetime. Not only have I seen vast herds of horses and cattle, and countless flocks of sheep overspreading the valleys and forests, which, within the memory of persons who have yet scarcely attained to the age of manhood, were tenanted only by wild animals, and by a few wandering tribes of savages; not only have I travelled over roads beyond all comparison superior to the means of communication which existed less than a century ago in many parts of the United Kingdom; not only have I beheld flourishing towns arising in spots where hardly 20 years back the foot of a white man had never yet trodden the primeval wilderness; not only have I admired these and other proofs of material progress, but I have also found in the houses of the long chain of settlers who have entertained me with such cordial hospitality, all the comforts, and most of the luxuries and refinements of the houses of country gentlemen in England. The wonderful advance of this portion of the colony during the last 10 years, is due to no sudden and fortuitous discovery of the precious metals; it is derived wholly from the blessing of Providence on the skill and energy of its inhabitants, in subduing and replenishing the earth. Assuredly, I have observed during the past week very remarkable illustrations of the proverbial genius of the Anglo-Saxon race for the noble and truly imperial art of colonization.

I have, etc.,

(Signed) G.F. BOWEN.

His Grace the Duke of Newcastle, etc., etc., etc.



PAYMENT OF MEMBERS CRISIS

Source.—Victorian Sessional Papers, 1877-8 Thirty Years of Colonial Government (Bowen), Vol. II, pp. 80-83, 114-119

Owing to the lack of the political traditions of the English Parliament friction was bound to rise between the Houses of the colonial Legislatures. A bill to provide temporarily for the payment of members had been passed several times by the Victorian Parliament, but the Council was opposed to making a permanent provision for the purpose. In 1877 Sir Graham Berry tacked the measure to the annual appropriation bill, which was consequently rejected by the Council.

Memorandum to His Excellency the Governor.

The Premier on behalf of himself and his colleagues, respectfully advises the Governor to sign the message required by the 25th Clause of the Constitution Act transmitting for the consideration of the Legislative Assembly the accompanying additional estimates for the service of the year 1877-8.

His Excellency will observe that it has been thought right by his Responsible Advisers to include in these Additional Estimates provision for reimbursing members of the Legislative Council and the Legislative Assembly their expenses in relation to their attendance in Parliament at the rate of L300 per annum each, from and after the present session of Parliament.

(Signed) Graham Berry, Treasurer.

21st Nov. 1877.

The Governor acknowledges the receipt of the Memorandum submitted to him by the Hon. the Premier on this day.

The Governor has in conformity with the advice of his Responsible Ministers signed the message submitted to him by them, transmitting for the consideration of the Legislative Assembly additional or further estimates for the service of the year 1877-8.

(Signed) G.F. Bowen.

Government Offices, Melbourne.

21st November 1877.

January 12, 1878.

Address from the Legislative Council to His Excellency the Governor.

TO HIS EXCELLENCY SIR GEORGE FERGUSON BOWEN, KNIGHT GRAND CROSS OF THE MOST DISTINGUISHED ORDER OF ST. MICHAEL AND ST. GEORGE, and Commander-in-Chief in and over the Colony of Victoria and its Dependencies and Vice-Admiral of the same, etc.

May it please your Excellency,

We her Most Gracious Majesty's most dutiful and loyal subjects, the members of the Legislative Council of Victoria, in Parliament assembled beg leave to approach Your Excellency with renewed assurances of unabated loyalty to Her Majesty's Throne and Person.

We desire to draw Your Excellency's attention to the answer given by the Hon. the Post-Master General during the sitting of the Council on the 1st instant to the question put by one of our members, viz.:—Whether it is the intention of the Ministry to afford this House the opportunity of considering the propriety of renewing or discontinuing the payment of members of Parliament by submitting the measure by Bill as heretofore.

The answer was as follows:—In reply to the Hon. Member the Cabinet desire me to state that it is unusual and inexpedient to state the intention of the Government otherwise than by the due presentation of business to Parliament; but in this instance there is an additional serious objection to the question of the hon. member. It deals with the appropriation of revenue which is the exclusive privilege of the Legislative Assembly, and it is highly undesirable that the Legislative Council should interfere even by a question with appropriation, the initiation of which is by message from the Crown, on the advice of the responsible Ministers and is further controlled by the exclusive privileges of the Assembly.

This being the opinion of Your Excellency's advisers, were we to continue silent it might with some show of reason be inferred that we were satisfied with the answer of the Government, and would accept their dictum as representing the true position of the matter as between the two Chambers.

We have thought it incumbent upon us to lay before Your Excellency the following circumstances connected with the question of payment of members:—In the session of 1860-1, a separate Bill for payment of members was introduced into the Assembly, but was lost in the Council. In the session 1861, Sir Henry Barkly, who was then Governor, was warned by the Legislative Council of the inevitable consequences of a sum being included in the annual Estimates of Expenditure for the compensation of members of Parliament, and the objectionable item was not included in the Estimates for the year when laid before the Assembly that session.

On five subsequent occasions separate Bills for the same object have been sent up from the Legislative Assembly, three of which were rejected, and the two last were passed by the Legislative Council, but on both these occasions the principal supporters of the Bills distinctly stated that their votes were given on the understanding that the measures were to be tentative only, and limited in their duration.

The question at the present time is in exactly the same position as it was when originated in 1861, and is still in the region of experimental legislation. It is not a mere question of the appropriation of the public revenue, but of public policy upon which an uniform usage has been adopted in the colony, with the concurrence of both Houses, with the marked co-operation of Her Majesty's Representative in 1861.

The usage, moreover, is in strict conformity with the Royal Instructions which direct that "in the passing of all laws each different matter must be provided for by a different law without intermixing such things as have no proper relation to each other, and that no clause or clauses be inserted in, or annexed to any Act which shall be foreign to what the title of that Act imports."

We desire to inform Your Excellency that we claim the right to exercise the same free and deliberate vote on any Bill which may be submitted to us for providing compensation to members of Parliament as we have exercised on all previous occasions and we submit that the inclusion of a sum for that purpose in the Annual Appropriation Bill might make such procedure the instrument of enabling one branch of the Legislature to coerce the other.

GOVERNOR SIR G.F. BOWEN, G.C.M.G., TO THE EARL OF CARNARVON, RECEIVED 23RD JAN. 1878. Telegraphic.

23rd Jan. 1878.

In consequence of the rejection of the annual Appropriation Bill by the Legislative Council, ministers have made large temporary reductions in the public expenditure to economise funds for Police Gaols, and protection of life and property to the latest possible moment, and that is about until next May. A number of civil servants and minor officers of the judicial department have necessarily been dispensed with temporarily, but sufficient provision has been made for the administration of Justice and maintenance of law and order. The Government will do nothing contrary to law or Imperial interests.

Full Reports by Mail.

TELEGRAMS FROM MELBOURNE

Melb. 14th Jan.

Appropriation Bill was rejected by Legislative Council consequent upon clause for payment of members being inserted. Government in Council dismissed at a moment's notice all County Court Judges, Police Magistrates, Wardens, Coroners, many Heads of Departments. Further sweeping changes announced. Great Alarm and Indignation. Trade disorganised.

25th Jan.

No political change. Many more dismissals.

30th Jan.

Eminent Counsel declare Acts of Sir George Bowen in closing Courts illegal. The country alarmed. Secretary of State urged to await letters by mail and not act on exparte statements.

To the Right Hon. Sir Michael Hicks-Beach, Bart, M.P.

Government House, Melb. April 12th, 1878.

Sir,

On the 29th ultimo I forwarded to you a telegram announcing the happy termination, through a fair compromise honourable to both sides, of the protracted crisis and "deadlock" between the two Houses of Parliament, which had caused so much excitement and agitation, and so much suffering and loss in this community, and which was straining the constitution of this Colony to a degree which it could not have endured for long.

Ever since December constant efforts have been made to induce the conflicting Houses to agree to an honourable compromise of their differences. Personally I omitted no proper opportunity of recommending mutual forbearance and mutual concessions. It was proposed on behalf of the Ministry and the Assembly that the Council should agree to pass the separate Bill sent up to them in December, and that the assembly should simultaneously, or as nearly so as might be, appoint a Committee to search for the Appropriation Bill which had been "laid aside" and should then reenact that Bill without the item objected to by the Upper House. The Ministers, a strong minority of the Councillors, the Assembly, and the general public—all united in pressing the Council to accept this arrangement, but there were many disappointing delays and failures in the negotiations.

Finally, however, all difficulties were overcome, and both the separate Bill continuing the reimbursement of the expense of members and the annual Appropriation Act have become law.

General satisfaction has been felt and everywhere expressed at this termination of the late dangerous and disastrous parliamentary "deadlock," and the political and social animosities caused by it are already fast subsiding. The country is tranquil and generally prosperous. Before the commencement of the political crisis there had been a partial depression in trade and depreciation in the value of certain kinds of property, in consequence of a long drought succeeded by very heavy floods, and from other temporary causes. These evils had been aggravated by the sense of uncertainty rather than of insecurity produced by the fierce and protracted political and social agitation and antagonism of the last four months. But a young and strong community like that of Victoria, full of life and energy, and of that general good humour which flows from the habitual prosperity of all classes, rapidly recovers from depression and discontent, however caused.

It has been very satisfactory to me to receive the assurances that throughout the late financial deadlock, no public money has been expended except in due form of law, and in strict accordance with parliamentary usage. Those public works which had been legally provided for by Railway and Loan Acts, or otherwise, have been carried on without interruption; while by dint of strict economy and of the large retrenchments in the civil service effected by the Ministry, the administration of justice and of the several departments of the Government has proceeded regularly and without intermission.

In a speech delivered in last October before the actual beginning of the recent crisis, but in anticipation of its near approach, I recommended the members of both Houses of Parliament and of both political parties to lay to heart the subjoined passage in one of Mr. J.S. Mill's works:

"One of the most indispensable requisites in the practical conduct of politics, especially in the management of free institutions, is conciliation, a readiness to compromise, a willingness to concede something to opponents, and to shape good measures so as to be as little offensive as possible to persons of opposite views, and of this salutary habit the mutual 'give and take' (as it has been called) between two Houses is a perpetual school; useful as such even now, and its utility would probably be more felt in a more democratic constitution of the Legislature." Nor have I ever ceased to urge the adoption of such principles as those laid down by Mr. Merivale when he wrote "Moderation in success, self-denial in the exercise of power, habitual consideration for the opinions and feelings of others, readiness to compromise differences, love of justice and fair play, reluctance to push principles to extremes, the moral courage which will dare to stand up against a majority, the habit of constantly, and, as it were instinctively postponing self to the public interest, and this whether arising from moral choice or from the constraint imposed by public opinion; these are the balancing qualities which prevent the misuse of political freedom."

With regard to the opinions which I have formed concerning the proper position and mutual relations of the two Houses of the Victorian Parliament, it will be remembered that my opinions are identical with those placed on record on that subject by the late Lord Canterbury, my able and experienced predecessor in my present office. It will also be recollected that I have steadily followed, during the crisis of 1877-8, the precedents made, and the constitutional course pursued by Lord Canterbury during the previous crisis of 1867-8. In acknowledging Lord Canterbury's despatch of 18th July, 1868, reporting the termination of the crisis of 1867-8, the then Secretary of State for the Colonies (the Duke of Buckingham) wrote as follows:

"I have to express my approval of your firm adherence to your constitutional position through these trying discussions; and I learn with satisfaction the cessation of a state of affairs which has been productive of so much inconvenience in the Colony."

Having pursued exactly the same course and acted on exactly the same principles with my predecessor, I am confident that I shall receive similar personal support. Moreover, I submit that it is of supreme importance, on public grounds, that the people of the Australasian Colonies should know that the actions and conduct of successive Governors are not prompted by the personal views or idiosyncrasies of individuals, but that they are guided by a consistent and uniform policy, sanctioned by the authority of the Imperial Government.



NEW GUINEA

Source.—New Guinea. By Charles Lyne (special representative of the "Sydney Morning Herald"), pp. 1-28

In 1882, the Queensland Government took alarm at certain rumours of the intention of Germany to annex New Guinea, but for a time the British Government refused to move. When the establishment of a protectorate was authorized, only the southeastern portion of the island was available, Germany having, in the meantime, annexed the northern part and the group of Islands known as New Britain.

Commodore Erskine in H.M.S. Nelson arrived at Port Moresby on Sunday, the 2nd of November, 1884, and the Union Jack now flies from the flagstaff at the mission station, the Proclamation of a British Protectorate having been made with much ceremony on Thursday Nov. 6.

On the Wednesday afternoon, the chiefs and a number of other natives were brought on board the H.M.S. Nelson, and a grand assembly took place, with a feast for the chiefs and an address from the Commodore, a presentation of gifts attractive to the native eye, and the firing of some of the ships' guns. The flags of various nations were hung over the quarter-deck in the form of an awning, and the officers wore frock-coats and swords. Most of the chiefs were destitute of clothing, the mop-like hair and foreheads of some of them being bound round with bands of small shells and the hair ornamented with tufts of feathers. Two or three wore old shirts, and one, Boe Vagi, the chief of the Port Moresby natives, who was appointed by the Commodore to be the head chief of the Motu tribe, was dressed in a shirt, with a handkerchief round his loins, a red felt hat on his head, and some green leaves through the lobe of his left ear. Evidently he had been attired specially for the occasion, as his usual dress is as scanty as that of his fellows. There were in all about fifty of the chiefs, most of them being representatives of the Motu tribe; and after having been permitted to look round the ship, they were directed by the missionaries, Messrs. Lawes and Chalmers, to seat themselves upon the deck. Then a great tub of boiled rice, sweetened with brown sugar, was brought on deck, and basins of this mixture were handed round to the chiefs who received them, and devoured the rice with evident satisfaction. Ships' biscuits were also served out, and the scene presented by the feasting savages, and by the grouping of the Nelson's officers and the parading of the bluejackets on the opposite side of the deck—so that a photograph might be taken of the whole assembly—was exceedingly interesting and picturesque.

When the feasting was over, Commodore Erskine came upon deck, and the chief, Boe Vagi, having been invited by Mr. Lawes to come forward, the Commodore addressed him, and his fellow chiefs, and said:

"I have asked you to come on board to-day in order that I may explain to you about the ceremony which will take place to-morrow on shore. I have been sent to this place to notify and proclaim that Her Majesty the Queen has established a Protectorate over the southern shores of New Guinea, and in token of that event I am directed to hoist the British flag at Port Moresby, and at other places along the coast and islands. To-morrow, then, I intend to hoist the English flag here, and to read a Proclamation which will be duly translated to you. I desire, on behalf of Her Majesty the Queen, to explain to you the meaning of the ceremonial which you are about to witness. It is a proclamation that from this time forth you are placed under the protection of Her Majesty's Government; that evil-disposed men will not be able to occupy your country, to seize your lands, or to take you away from your own homes. I have been instructed to say to you that what you have seen done here to-day on board Her Majesty's ship of war, and which will be done again to-morrow on shore, is to give you the strongest assurance of Her Majesty's gracious protection of you, and to warn bad and evil-disposed men that if they attempt to do you harm, they will be promptly punished by the officers of the Queen. Your lands will be secured to you; your wives and children will be protected. Should any injury be done to you, you will immediately inform Her Majesty's officers, who will reside amongst you, and they will hear your complaints, and do you justice. You will look upon all white persons whom the Queen permits to reside amongst you as your friends, and Her Majesty's subjects. The Queen will permit nobody to reside here who does you injury. You will under no circumstances inflict punishment upon any white person; but if such person has done you wrong you will tell Her Majesty's officers of that wrong in order that the case may be fairly inquired into. You must know that it is for your security, and to prevent bloodshed, that the Queen sends me here to you, and will send her officers to live amongst you. And now I hope that you clearly understand that we are here amongst you as your friends. You will all keep peace amongst yourselves, and if you have disputes with each other, you will bring them before the Queen's officers who will settle them for you without bloodshed. Should bad men come amongst you, bringing firearms and gunpowder, and intoxicating liquors, you are not to buy them, and are to give notice at once to the Queen's officers, so that such men may be punished. Always keep in your minds that the Queen guards and watches over you, looks upon you as her children, and will not allow anyone to harm you, and will soon send her trusted officers to carry out her gracious intentions in the establishment of this Protectorate."

At the Commodore's request Mr. Lawes read a translation of this address in the Motu language, the chiefs listening attentively: then calling the chief, Boe Vagi, forward, Commodore Erskine shook hands with him, and introduced him to Mr. Romilly; and the Commodore's intimation of the appointment of a High Commissioner for New Guinea and his explanation of Mr. Romilly's position, were interpreted to the chiefs by Mr. Lawes. This was followed by the appointment of Boe Vagi as head chief of the Motu tribe. To make his appointment more distinct, he was presented with an emblem of authority in the form of an ebony stick with a florin let in at the top, the Queen's head being uppermost, and encircled by a band of silver. Handing to Boe Vagi this stick, the Commodore said: "I present him with this stick, which is to be an emblem to him of his authority; and all the tribes who are represented by the chiefs here are to look to the holder of this stick, Boe Vagi. This stick represents the Queen's head, the Queen of England; and if at any time any of the people of these tribes have any grievance or anything to say, they are, through this man, the holder of this stick, Boe Vagi, to make it known to the Queen's officers, in order that it may be inquired into. This stick is to be the symbol of his authority, and all the tribes are to have communication through him with the Queen's officer."

Directed then to descend to the main deck the chiefs walked one after another into the Commodore's cabin, where each received a present consisting of a tomahawk, a butcher's knife, a coloured shirt, or a piece of coloured cloth, and some figs of twist tobacco. It was a curious sight to see these chiefs, some of them very old men, but others young, erect and muscular, filing in at one door, and after shaking hands with the Commodore and receiving a present, leaving by the other; and it was very amusing to notice how startled some of them were at suddenly discovering themselves in a large pier-glass, which they had to pass before leaving the cabin. The Commodore did not fail to point out through Mr. Lawes to the chief who had burnt the village of another, that for the future he would not be allowed to commit such an act, and must through the Queen's officers seek redress for any grievance he might have; and the man was evidently impressed by what was said to him.

At half-past six next morning the landing of officers and men of the squadron for the purpose of publicly proclaiming the establishment of the Protectorate, and hoisting the British flag, commenced. The general order issued by the Commodore directed that the dress for officers should be cocked hat, undress coat, and epaulettes; the dress for seamen white frocks and hats, and that for marines white tunics and helmets. There was, consequently, a very attractive display of uniforms, and altogether it was an exceedingly interesting spectacle. The early hour appointed for the landing permitted of the ceremony being performed at a time when the heat, which was intense while the Nelson was on the coast, was not likely to be very trying to the men. The water of the harbour lay placid as a lake, with the ships of war far out from the shore, and here and there native canoes moving slowly along or resting idly on the surface; and the hills and valleys were green and shaded from the sun, and wore that refreshing appearance which is notable when the trees and the grass have been bathed in dew, and when the sun's rays are strong enough only to make the dewdrops sparkle, and to deepen the shadows in the recesses where the sunlight has not yet penetrated.

The boats conveying the officers and men to the shore, each flying the white ensign, imparted life and colour to the scene upon the water, and nothing could be more picturesque and beautiful than the view on shore, where the houses of the native villages bordering the beach, with their brown occupants gazing in amazement on what was taking place before them, were shaded by a grove of cocoanut palms, the refreshing dark green fronds being rivalled only by the lighter green of the plantations of the banana trees on the sides of the hills, which, rising high above the village, were, notwithstanding the evidence of cultivation by the natives, and the existence of the little mission settlement, dressed in almost all their native loveliness, and robed in delicately-tinted morning mists.

Inside the enclosed ground stood the mission house, and on a spot commanding a view of almost the entire harbour was the flagstaff which was now to display the flag hoisted with the authority of the Queen by Commodore Erskine; and it was around this flagstaff that the troops were drawn up in a hollow square, the men facing inwards, with the officers to the front, and the Commodore and his suite standing with the missionaries and Mr. Chester on the verandah of the mission house. The native chiefs who had been on board the Nelson were seated in a picturesque group on the ground immediately in front of the Commodore; and other natives and a few white spectators stood in a crowd at the rear of the blue-jackets. The only representative of English women present was Mrs. Lawes, wife of the Rev. W.G. Lawes, who was accommodated with a chair, and sat near the Commodore and the officers on either side of him.

Immediately the blue-jackets had landed they were marched up the hill to the mission compound, but the marines remained upon the beach until the Commodore landed, when they presented arms, and afterwards, with bayonets fixed, marched with the band to join the bluejackets in front of the mission house.

On the Commodore appearing before the troops they presented arms, and he then read the following proclamation:

"PROCLAMATION.

"Proclamation on behalf of her Most Gracious Majesty Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, Empress of India, establishing a Protectorate of Her Most Gracious Majesty over a portion of New Guinea, and the Islands adjacent thereto.

"To all to whom these presents shall come, greeting:

"Whereas it has become essential, for the protection of the lives and properties of the native inhabitants of New Guinea, and for the purpose of preventing the occupation of portions of that country by persons whose proceedings unsanctioned by any lawful authority might tend to injustice, strife and bloodshed, and who, under the pretence of legitimate trade and intercourse, might endanger the liberties, and possess themselves of the lands of such native inhabitants, that a British Protectorate should be established over a certain portion of such country and the islands adjacent thereto.

"And whereas Her Majesty, having taken into her gracious consideration the urgent necessity of her protection to such inhabitants has directed me to proclaim such protection in a formal manner at this place: Now, I, James Elphinstone Erskine, Captain in the Royal Navy, and Commodore of the Australian Station, one of Her Majesty's naval aides-de-camp, do hereby, in the name of Her Most Gracious Majesty, declare and proclaim the establishment of such Protectorate over such portions of the coast and the adjacent islands as is more particularly described in the schedule hereunto annexed.

"And I hereby proclaim and declare that no acquisition of land whensoever or howsoever acquired, within the limits of the Protectorate hereby established, will be recognized by Her Majesty; And I do hereby, on behalf of Her Majesty, command and enjoin all persons whom it may concern to take notice of this Proclamation."

"SCHEDULE.

"All that portion of the southern shores of New Guinea commencing from the boundary of that portion of the country claimed by the Government of the Netherlands on the 141st meridian of east longitude to East Cape, with all islands adjacent thereto south of East Cape to Kosman Island inclusive, together with the islands in the Goschen Straits.

"Given on board Her Majesty's ship Nelson, at the harbour of Port Moresby, on the 6th day of November 1884.

"(Signed) JAMES ELPHINSTONE ERSKINE.

"Commodore.

"God Save the Queen."

This was interpreted to the natives by the Rev. W.G. Lawes, who, at the request of Commodore Erskine, had translated it into the Motu language, and then, by direction of the Commodore, the Union Jack was slowly raised to the truck of the flagstaff.

All this not a little astonished the natives, though some of those whose homes were at Port Moresby had witnessed the firing of a feu-de-joie before; but though the firing startled some of them it had, with the general display, the effect of impressing them all with some sense of the solemn importance of the ceremony that was being performed. The firing party were then ordered to shoulder arms, and the Commodore, addressing all present at the ceremony but the natives, said:

"Officers and men, Mr. Romilly and Gentlemen, This interesting and important ceremony now formally concluded, it only remains for me, in Her Majesty's name to express the fervent hope that under the blessing of Almighty God the establishment of this Protectorate may conduce to the peace, happiness and welfare of the people of this vast territory. May the British flag which we have this day planted on these shores be to the people of this portion of New Guinea the symbol of their freedom and their liberty, and the Proclamation which I have just read, the charter of their rights and privileges. May it be to them a Protectorate in deed, as well as in name, protecting them alike from the encroachment of foreigners and the aggressive or unlawful actions of any other nationality; may the blessings of civilization and Christianity, the seeds of which have been already sown by English hands in the persons of the brave and good men present on this occasion, increase and multiply exceedingly amongst them; and lastly, as the Union Jack which has on several former occasions been hoisted on the shores of New Guinea and the adjacent islands is on this day for the first time displayed and hoisted on New Guinea under the authority and by the command of her Most Gracious Majesty Queen Victoria, I most fervently pray that the establishment of a British Protectorate on these shores may tend to insure the integrity and inviolability of the great Australian Colonies, and promote the best interests of their people; and I trust that this important step may be attended with the happiest results, and redound to the honour of Her Most Gracious Majesty the Queen, for whom I now invite you to give three hearty cheers."

The call was right loyally responded to, and with Captain Bridge leading, three British cheers rang out and echoed among the hills; and then, with a royal salute, the troops once more presenting arms, the ceremony was brought to a close.



THE NATIONAL AUSTRALASIAN CONVENTION 1891

Source.—National Australasian Convention Debates, pp. 3-5, 23-28, 322

After self-government had been granted to the Australian colonies, the need for united action in certain matters became apparent. Under the leadership of Sir Henry Parkes a strong movement for federation was organized. His labour bore fruit in the meeting of the National Australasian Convention in 1891. At this assembly were passed the resolutions which form the foundation of the Federation Act.

March 3rd. Mr. Munro rose to move:

That, the Honourable Sir Henry Parkes, G.C.M.G., Premier of New South Wales, do take the chair as President of this National Australasian Convention.

He said: I think this is a fitting honour to confer upon the author of the movement on the part of these Australian colonies, which resulted in the Conference held in Melbourne last year. The hon. gentleman has taken a deep interest in the subject of federation for a great number of years, and we, moreover, meet in the colony of which he has the honour to be Premier. I have no doubt that in the position of president he will aid us with his council and advice, and that his occupancy of the chair will reflect credit upon our proceedings.

Mr. Dibbs: We look to Sir Henry Parkes as, to some extent, the architect of the structure we are about to build, and we, like the other gentlemen present, look to our Premier for advice and explanation, and hope that he will in due time place before us such a programme as will enable us to proceed with the great work before us; I can assure the honourable gentleman that we appreciate the compliment paid to the Colony through our Premier, and personally I have great pleasure in supporting the proposition which has been made.

Question resolved in the affirmative.

The President elect, being conducted to the chair by the Hon. James Munro, and the Hon. Sir Samuel Griffith, said:

Mr. Munro, Sir Samuel Griffith, and honourable gentlemen, I could not, under any circumstances, do other than yield to your unanimous choice. I am very conscious indeed of my disqualifications for the office of President. It is hardly in my nature to observe that studied decorum which is so shining a quality in the Chair. I have not been fitted for that situation in life. I therefore feel how great the honour is to be placed in that position on this great occasion and by this great body. I shall trust to that generous unanimity which has prevailed in carrying this motion to support me in discharging duties in the Chair, duties which may become onerous; and I am quite sure I shall not trust in vain. It becomes my duty to give this assurance, that so far as I know myself, I will command myself to do the duties of this Chair so that there shall be no cause of complaint. I will try to conduct the business as to offend none, and, if possible, secure the good opinion which appears to have been formed to-day. I thank the honourable gentlemen for the great distinction you have conferred upon me, and I trust none of you will see cause to regret the vote you have given.

March 4th. Sir Henry Parkes: I have the honor to move,

That in order to establish and secure an enduring foundation for the structure of a federal government, the principles embodied in the following resolutions be agreed to:—

1. That the powers and privileges and territorial rights of the several existing colonies shall remain intact, except in respect to such surrenders as may be agreed upon as necessary, and incidental to the power and authority of the National Federal Government.

2. That the trade and intercourse between the federated colonies whether by means of land carriage or coastal navigation shall be absolutely free.

3. That the power and authority to impose customs duties shall be exclusively lodged in the Federal Government and Parliament, subject to such disposal of the revenues thence derived as shall be agreed upon.

4. That the military and naval defence of Australia shall be intrusted to Federal forces under one command.

I submit these resolutions as a groundwork on which a debate may be raised on the whole question with which we have to deal. They certainly give a fair expression of the outline of the constitution which we want, as it exists in my own mind, and to that extent I at once acknowledge the paternity of the motion I make. I venture to appeal to every colony, and to every delegate representing every colony, to meet the work on which we are about to begin, in a broad federal spirit. We cannot hope for any just conclusion—we cannot hope reasonably for any amount of valid success—unless we lose sight to a large extent of the local interests which we represent at the same time that we represent the great cause.

There can be no federation if we should happen, any of us, to insist upon conditions which stand in the way of federation; there can be no complete union of these governments, of these communities, of these separate colonies, unless we can so far clear the way as to approach the great question of creating a federal power as if the boundaries now existing had no existence whatever. I cannot too fervently impress upon my co-representatives from all parts of Australia the necessity of keeping in view the one object of the better government of Australia, the whole Australian people.

By my second condition I seek to define what seems to me an absolutely necessary condition of anything like perfect federation, that is, that Australia, as Australia, shall be free—free on the borders, free everywhere, in its trade and intercourse between its own people; and that there shall be no impediment of any kind—that there shall be no barrier of any kind between one section of the Australian people and another; but, that the trade and general communication of these people shall flow on from one end of the continent to the other, with no one to stay its progress or to call it to account; in other words, if this is carried, it must necessarily take with it the shifting of the power of legislation on all fiscal questions from the local or provincial parliaments, to the great National Parliament sought to be created. Now our country is fashioned by nature in a remarkable manner—in a manner which distinguishes it from all other countries in the world for unification for family life—if I may use that term in a national sense. We are separated from the rest of the world by many leagues of sea—from all the old countries of the world and from the greatest of the new countries; but we are separated from all countries by a wide expanse of sea, which leaves us with an immense territory, a fruitful territory, a territory capable of sustaining its countless millions—leaves us compact within ourselves; so that if a perfectly free people can arise anywhere, it surely may arise in this favoured land of Australia.

Whatever our views may be on other points, I think we shall all be agreed upon this; that for the defence of Australia to be economical, to be efficient, to be equal to any emergency that may arise at any time, it must be of a federal character, and must be under one command. I do not mean that the naval and land forces shall be under one commander-in-chief, but that they should be under one kindred command—that the naval officer in command equally with the military officer shall be a federal officer, and amenable to the national government of Australia.

As to the wisdom of the great step we have now taken, for so many eminent men from different parts of Australia meeting in this Chamber as delegates from their colonies is in itself a great step—as to the wisdom of that step we have the warning of every country in the world which has used government by a confederation.

Here we find a people I suppose about 4,000,000 strong. They have afforded in the great cities of Sydney, Melbourne, Adelaide, Brisbane and Hobart abundant proof of their power of founding an empire. Go beyond the cities; they have accomplished under responsible government what appear to me, and what must appear to any stranger who knew the country thirty-five years ago, marvels in the way of internal improvements. Not only the railways, but the telegraphs, and everything that conduces to the best ends of a civilized community, has been achieved by this scattered people in a marvellous manner. But all through this great, this noble, this successful effort, we have had different sources of irritation, of bad neighbourhood, of turmoil, of aggression, which, if they were to go on, must make these co-terminous communities instead of being one people of one blood, one faith, one jurisprudence, one in the very principles of civilization themselves—instead of that must make us cavilling, disputatious, foreign countries. The only way to stop that is for the whole people—and remember that the whole people in the final result must be the arbiters—to join in creating one great union government which shall act for the whole. That government must, of course, be sufficiently strong to act with effect, to act successfully, and it must be sufficiently strong to carry the name and the fame of Australia with unspotted beauty, and with uncrippled power throughout the world. One great end, to my mind, of a federated Australia is, that it must of necessity secure for Australia a place in the family of nations, which it never can attain while it is split up into separate colonies with antagonistic laws and with hardly anything in common.

I regret to say, Mr. President, that my strength is not such as will enable me to keep on my feet many minutes longer. I have submitted these resolutions—perhaps it is all the better—without any great effort in their support. I trust I have indicated with a clearness sufficient what the great object we aim at must be, and the means by which alone we can hope to accomplish it. I do not doubt that the gentlemen present will each of them address themselves to the subject, which, I think, the resolutions have the merit of fairly launching, in a spirit of patriotism, always keeping in view the welfare, the prosperity, the united strength, and the ultimate glory of our common country.

March 13th. I am aware that outside these walls, at any rate, there is a feeling that we ought to wait; that the time has not yet come. I can only repeat what I have said in other places. If we miss this particular opportunity, every year that rolls over us will make the difficulties greater; these difficulties which our separate existence have imposed will go on increasing. They can only have one crop of fruit; they can only produce antipathy, disunion, aggression, reprisal, wide-spread discontent, and, if they are suffered to go on, civil war. That is a prospect which no man of just mind can contemplate—that these colonies, sprung from the same stock, possessing the same great inheritance of equal laws and all the riches of science which have been achieved and stored up for us in the mother country—that we, side by side, instead of living in brotherhood and amity, should live in constant irritation and hostility. Either we must join hands, or we must hold out our hands in defiance of each other. In the very nature of things we cannot be divided and be one. In the very nature of things we cannot submit to causes of irritation, causes of infliction, causes of dissatisfaction, causes of exasperation, and still live in brotherhood. It is only by joining hands in good faith as the people of one kindred; it is only by giving and taking—by entertaining compromise as far as compromise can be entertained without deadly injury to principle—it is only by doing that, we can hope to found this union. If we unfortunately miss this great occasion, and leave the work undone, it will be done in a few years hence, and it will be done by younger hands, who will gain the credit of having effected this bond of union, which will be in itself, if rightly effected, of more value than any other achievement in the history of this continent.

This is no time for glowing periods; it is no time for rhetorical flights; but it is a time for hard and steady work in trying to do what we are called here to do, and I would ask the honourable members to do their utmost by a calm self-suppression, by a close attention to the object which has brought us here, by mutual respect, mutual forbearance, and disposition to compromise where compromise is possible, to assist each other in bringing about this great work; and I would say that if we do seize the occasion and succeed in doing the work, we shall have, not now so vividly as hereafter, the blessing of this and succeeding generations in what we have accomplished.



THE COMMONWEALTH OF AUSTRALIA

Source.—The Melbourne Argus, 10 May 1901

OPENING OF THE FIRST PARLIAMENT

Ten years after the great conference of 1891, the work of Sir Henry Parkes and his fellow federationists reached its culmination. The first truly Australian Parliament was opened by the Duke of Cornwall and York (King George V).

By the hand of royalty, in the presence of the greatest concourse of people that Australia has seen in one building, and with splendid pomp and ceremonial, the legislative machinery of the Commonwealth was yesterday set in motion. The day was full of smiles and tears, the smiles predominating. Rising gloomily, the dispersing clouds allowed the bright sun to peep through, and when the great ceremony was in progress in the Exhibition-building, the atmosphere was radiant, and illuminated the vast spaces of the building and the great sea of faces with a bright Australian glow.

A sight never to be forgotten was the assemblage which, in perfect order, but with exalted feeling, awaited the arrival of the Duke and Duchess in the great avenues which branch out from beneath the vast Dome of the Exhibition-building. We have not in Australia any sense of the historical prestige which attaches itself to a royal opening of the British Parliament. There the stately function is magnificent in its setting and pregnant in its associations, but it is in scarcely any sense of the word a people's function.

Here, by a happy inspiration, the function was made, to the fullest extent, a popular one. Twelve thousand seated in a vast amphitheatre—free people, hopeful people, courageous people—entrusted with the working out of their own destiny, and rejoicing in their liberty, must be impressive by reason of their numbers alone.

But there was not wanting splendour of accessories. The mighty arches of the dome, the spread of the great transepts, the grace of the decorations, were in themselves inspiring; nor was even the sombre shade of the mourning dressing, softened by splashes of purple here and there, out of keeping with the event, typifying, as it did, our reverential regard for the memory of a great Constitutional Ruler, the mightiest Sovereign of the people the world has known.

Broadly speaking, what was represented in the noble assemblage was worth. The worthiest of Australia were there—the men who hold their distinguished positions because they have won them, and because they deserve them. All that is best in politics, in commerce, in industry, in the arts, in the Church, in the school, in the public service of Australia was represented there, and every heart beat high with pride and with hope.

Faint and far off, just about noon there came the sound of the National Anthem, and there was a multitudinous murmur and stir, for here was the actual event coming at last. Then near at hand came the blare of a trumpet heralding the approach of the Imperial envoys, and a moment or two after, with royal punctuality, the Duke and Duchess were on the dais, and the strains of the National Anthem came pealing through the building.

The religious feelings of the occasion were stirred by the singing of the grand "Old Hundredth" to the words of the metrical psalm, commencing "All people that on earth do dwell." This was taken up by thousands of the audience, and its swelling harmonies rose grandly to the dome. Lord Hopetoun, setting aside all complicated questions of religious precedence, himself read several prayers, in his clear, penetrating voice, so pleasantly familiar in Victoria.

When the Duke stepped forward to deliver his speech to the two Houses, a "Hush" ran round the assembly, and everyone listened intently, but the sound of the ever-moving feet on the boarded floors went on. His Royal Highness spoke deliberately, in a clear, strong voice, and the speech he read was distinctly heard by thousands of those present. It was a dignified, a graceful, a kindly, and a congratulatory speech, and it expressed a confident belief that the new powers granted to Australia will only strengthen the affection of the people for the throne and empire.

At the final words, "I now declare the Parliament of the Commonwealth of Australia open," the Duchess touched an electric button which gave the signal outside for the hoisting of the Union Jack on all the State schools of the Colony, and for the sending of a message to England declaring the object of the journey of the Royal envoys accomplished. Trumpets rang out the signal, and outside was heard the booming of cannon in royal salute.

After a brief pause the Duke of Cornwall and York stepped forward once more and read a special cable message of congratulation from His Majesty the King. And now Australia asserted herself. She had been suppressing her feelings to show that she knew how to behave with old-world decorum in the presence of Royalty, but this message, direct from the King himself, was too much—they simply had to cheer. And cheer they did. It was done without order or without concert. It was taken up time after time by sections of the audience; it ran round the aisles, and surged through the galleries; a hearty, spontaneous, irrepressible Australian cheer. It was not down in the programme, but it formed a most effective part of it.

The final part of the ceremony, which altogether occupied about three-quarters of an hour, was the swearing-in of members by the Governor-General. He stood on the dais and read out the oath, whilst the members, Bible in hand, followed him in sections. Then Lord Hopetoun stepped to the front of the dais, and directing the audience by the waving of his hat, called for three cheers for His Royal Highness the Duke, which were given with splendid heartiness, and followed by another round for the Duchess, after which the Duke and Duchess retired and the great ceremony was over.

TELEGRAM FROM THE KING

His Royal Highness read the following telegram from His Majesty the King:

"My thoughts are with you on the day of the important ceremony. Most fervently do I wish Australia prosperity and great happiness."

REPLY TO THE KING

The following telegram was despatched by His Royal Highness the Duke of Cornwall and York to His Majesty the King immediately after the opening ceremony:

"I have just delivered your message, and, in your name, declared open the first Parliament of the Commonwealth of Australia. I also read your kind telegram of good wishes, which is deeply appreciated by your loving Australian subjects, and was received with great enthusiasm. Splendid and impressive ceremony, over 12,000 people in Exhibition-building."

MESSAGE FROM THE BRITISH GOVERNMENT

When the newly-elected President of the Federal Senate and Speaker of the House of Representatives were presented to His Excellency the Governor-General at the Old Treasury buildings yesterday afternoon, Lord Hopetoun intimated to them and to the members of the Commonwealth Legislature who were present that he had received the subjoined message from the Secretary of State for the Colonies:

"His Majesty's Government welcomes the new Parliament that to-day takes its place among the great legislative bodies of the British Empire and they feel confident that it will be a faithful interpreter of the aspirations of a free and loyal people, and they trust that its deliberations will promote the happiness, prosperity, and unity of the whole continent of Australia."

The message was subsequently read in both Houses of the Federal Parliament, and received with cheers.



THE BOER WAR

Source.—The Times History of the War in South Africa, 1899-1902, Vol. III, pp. 30-31, 34-35; Vol. IV, p. 428

The clash of interests in South Africa between settlers of Dutch and of British origin gave rise to much ill-feeling, and in 1899 Great Britain decided to annex the South African Colonies in order to protect the interests of her subjects. In the ensuing struggle the Colonies freely offered support, both moral and physical.

Of all the colonies the Australian ones were the most directly interested in the South African controversy. In view of the vast and increasing trade between Australia and the mother-country, the safety of the Cape route must always be a question of the very highest importance in the eyes of Australian statesmen. And apart from such considerations of contingent self-interest, Australians had strong personal feelings over the issue between Kruger and the Uitlanders. Australian miners formed no small section of the population of the Rand. Australians were under no illusions as to the idyllic character of the peasant-owners of the Transvaal. As soon as the crisis became acute, public meetings were held all over the Australian colonies to express sympathy with the Uitlanders and to support the attitude of the Imperial Government. The question of sending Australian contingents to join the Imperial forces in the event of a war was discussed at an early stage. The idea of active participation in the wars of the Empire was not altogether a new one. As far back as 1867 Tasmania had sent a contingent to assist the Imperial forces in the Maori war. More recently a body of New South Wales troops took part in the Sudan campaign of 1885. A little active service and much tedious waiting at Suakim was all they saw, and one might have imagined that in Australia the result had been to damp any inclination to repeat the performance. But the partial disappointment of 1885 made the Australians all the more eager to try again.

Between October 28 and November 5 the first Australian contingents sailed amidst the most enthusiastic popular demonstrations. They were officered and manned almost entirely by members of the various colonial volunteer forces, and thus possessed the advantage of a certain amount of initial training which was destined to stand them in good stead in the field. It should never be forgotten that their success was mainly due to the persistent effort of those officers, whether Imperial or colonial, who during the past twenty years had given their services to the development and organization of the colonial forces. It was the existence of these forces that kept up the military spirit in the colonies.

Small as was the force contributed by the Empire (nearly 80,000 men) it was none the less a material assistance, whose value can hardly be overrated. It practically doubled the mounted force, and thus made possible those sweeping movements by which Lord Roberts reached Pretoria. Above all, it gave the Imperial Government a moral support which enabled it to face with equanimity the almost universal hostility of the European powers or the fanatical outcries of a few anti-Imperialist partisans at home. Never, probably, in modern times has there been a greater consensus of honest opinion in support of a great national movement than that which backed up Britain's effort to maintain her position in South Africa. It was simply that the free citizens of free countries asked to be allowed to venture their lives for the sake of a political ideal which was personally and intimately dear to each one of them, and that, in spite of the paralysing absence of either precedent or preparation, many thousands actually achieved their desire. The war has not shown what the Empire can do, but it has revealed to those who perhaps doubted before, what an Empire we can make if we but choose.

ELANDS RIVER

Amongst varying fortunes and many indecisive actions, the defence of the position at Elands River stands out as an achievement only made possible by courage and grim determination.

For several weeks Colonel Hore, with a small garrison at Brakfontein on the Elands River, had been keeping up the connection between Mafeking and Zeerust, policing the district and forwarding on convoys to Rustenburg. At the beginning of August the force which he had for this purpose, as well as to guard a large store of supplies, consisted of 500 men, nearly all Imperial bushmen or Rhodesians, an old muzzle-loading seven-pounder, and two maxims. By this time Lord Roberts had determined that several isolated posts in the Western Transvaal, such as this one, which were in constant danger of attack, must be evacuated, and on August 1 ordered General Carrington to march to Elands River to cover Hore's retirement. But De la Rey, with three detachments of his troops under himself, Lemmer, and Steenekemp, each numbering about 300 men, and each with a gun and a pom-pom, and a maxim, had arrived there before him, and on the morning of August 4 had aroused Hore's camp by shell and rifle fire from the north-west, east, and south-east. The camp was on a small boulder-strewn kopje, in the centre of an amphitheatre about five acres in extent, and half a mile east of the river. Most of the men were on this central kopje, but two small hills on the bank of the river were held by detachments under Captain Butters and Lieutenant Zouch. Luckily, an attack had been expected, and stone sangars and shelters of ox-wagons had been made and further protected by biscuit boxes and bags of flour and sugar from the stores the men were guarding. Nevertheless the Boer attack seemed to have every chance in its favour; their guns were in safe positions 2,400 yards from the camp, and along the river banks they could creep close up to the defenders. Hore's old seven-pounder, though it succeeded in silencing a Boer gun, and killed a German gunner, was very capricious in its working, and was obviously no match for the Boer guns. The thousands of horses and oxen which were in the camp under no sort of cover were nearly all killed on the first day by the Boer shells; and the stench arising from these dead animals in the narrow camp makes it almost marvellous that the men who escaped the Boer shells were not killed by pestilence. Moreover, the only chance of getting water was to take the water carts down to the river at night, and then the drivers and escort were not always safe. To make matters worse, on the second day of the siege Carrington's advance scouts, after appearing on the rise to the west, were soon seen retiring again, so that rescue from this side seemed now out of the question. When starting, Carrington did not know that Hore was invested, so he carried very few rations. He no doubt had a small force with him and was badly off for supplies; but he had gained a ridge from which he commanded the way to Elands River, and under the circumstances of Hore's pressing danger he was too quickly discouraged from a more determined effort to bring out the garrison. From the east another attempt was made to relieve Hore which proved equally abortive.

On August 5 firing had been heard in the direction of Elands River, so next day Baden-Powell marched with his own and Mahon's mounted troops about half-way to Brakfontein. Here he heard guns firing in a westerly direction, but as the sound seemed to grow fainter and fainter, he assumed, without, however, waiting for the reports of his scouts, that Carrington had succeeded in withdrawing Hore towards Mafeking.

After Carrington's retreat to Zeerust on August 5 and Baden-Powell's to Rustenburg on the 6th, Lord Roberts had given up all hope of saving this garrison. But on the 13th a runner from Colonel Hore had arrived at Crocodile Pools, announcing that he had not surrendered. On hearing this the Field Marshal ordered Kitchener to take part of his force to relieve him. Kitchener started on the 16th. from Quaggafontein with Little's, Broadwood's, and Smith-Dorrien's brigades. After Carrington had come up and gone away again on August 5, the garrison, though apparently left to their fate, would hear nothing of surrender, but made up their minds to fight as long as they had ammunition and strength to use it. Luckily they were well provided with food, and the Boers, as usual in their sieges, were content to sit round and fire at them without seriously attempting to rush the place as they should have done. The garrison also kept up their spirits by sudden raids at night on adventurous Boers or guns that came too near. Thus, as at Wepener, it became a game of patience for the garrison, dissimilar only in this, that at Elands River there was no promise of support to buoy up the garrison with hope.

However, on August 16, after eleven days' siege, De la Rey moved away on the news of the approaching relief columns, and Lord Kitchener rode in to set free the garrison.

This siege, like that of Wepener, was especially a Colonial triumph; there the garrison had been chiefly Cape Colonials, here the majority were Australians of Carrington's first Brigade, the rest being Rhodesians, and it would be difficult to praise overmuch the determination and fine spirit shown by these Colonials in their first opportunity of distinguishing themselves as a corps. Every soldier who saw the place afterwards expressed surprise that they could have held out so long, and it is therefore the more creditable to them to have done so when every hope of relief seemed entirely cut off; while, at a time when surrenders and retreats were not sufficiently rare, the example shown by these splendid men was even more important than the position they held.



THE GREAT WAR

Source.—The Times History of the War and Encyclopaedia, Vol. I, p. 161; Vol. II, p. 31; Vol. III, p. 126

The aggressive policy of Germany led to the outbreak in 1914 of the greatest war in history; for nearly every country in the world ultimately became involved in the struggle.

Germany advised Austria to demand most humiliating concessions from Servia, and the resistance of Servia supported by Russia resulted in war between Germany and Austria on one side, and Servia, Russia, and her ally France on the other.

For strategical reasons Germany determined to attack France through Belgium, declaring that the international treaty which bound her to respect Belgian neutrality was but a "Scrap of Paper." Great Britain, as one of the signatories to the treaty, protested against such a violation of good faith, but finding protestation vain declared war upon Germany on 4 August 1914.

The whole Empire solidly supported the Mother Country and shared valiantly in all her achievements.

THE RALLY OF THE EMPIRE

Important as were the offers of help, both of men and provisions, which the self-governing Dominions and the Indian Empire made to the Mother Country almost immediately after the outbreak of the war, the knowledge that these great daughter-nations were morally convinced of the justice of the British cause, was a factor of even more far-reaching importance. Great as was the necessity of organizing and expanding the Imperial forces, and thus creating an extra army or armies to reinforce the British Expeditionary Force in France, urgent as was the need of taking advantage of the prompt offers of help which came from all parts of the Empire, the necessity of convincing the self-governing Dominions and the Empire at large of the righteousness of the cause for which Great Britain was fighting was more imperative still. For in the long run the consciousness of the justice of the principles for which a people is fighting, alone can ensure the massing of material force sufficient to secure material victory.

Evidence that the case for Great Britain was fully understood and thoroughly approved, not only by our own peoples, but by the bulk of the neutral States of the world, was not long in presenting itself. The Dominions as a whole had satisfied themselves that the British cause was just, before Sir Edward Grey had made it plain by his speech of August 3rd that the British Government had done everything short of sacrificing the honour of the country to avoid war. In the words of Sir Richard McBride, the Premier of British Columbia, "Should it unfortunately develop that Great Britain is compelled to engage in hostilities, Canada will automatically be at war also"; while in Australia, Mr. Fisher, the ex-Prime Minister, declared, "Should honour demand the Mother Country to take part in hostilities, Australians will stand beside her to the last man and the last shilling." These sentiments found expression in the offers of help of men and material, which have been described in the preceding chapter. To those offers the King replied by a message to the Overseas Dominions:

"I desire to express to my people of the Overseas Dominions with what appreciation and pride I have received the messages from their respective Governments during the last few days.

"These spontaneous assurances of their fullest support recall to me the generous, self-sacrificing help given by them in the past to the Mother Country.

"I shall be strengthened in the discharge of the great responsibility which rests upon me by the confident belief that in this time of trial my Empire will stand united, calm, resolute, trusting in God.

"GEORGE R.I."

THE SINKING OF THE EMDEN (German cruiser)

Against us there were known to be some eight or nine German cruisers abroad, all efficient for commerce-destroying purposes, and several with very high speed, which it was recognized would require a great deal of catching....

The Emden was a small vessel of some 3,500 tons, with a speed of about 25 knots—quite fast enough to overhaul any British steamer she was likely to encounter, and fast enough also to run away, if necessary. The Emden was generally heard of where she was least expected, and after reaping her harvest of merchantmen, as unaccountably disappeared. In something under six weeks she had captured nearly twenty steamers, always contriving to pick up a collier among them, so that she was able to keep her bunkers replenished....

As a variety of adventure, the Emden steamed one evening into Madras Roads, and threw shell into the outskirts of the town for the space of half an hour or so—some oil tanks were set ablaze, and two or three natives killed; Fort George returned the fire—probably without effect—and the Emden retired.