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AUSTRALIA FELIX Jeremy Bentham and Australian Colonial Democracy

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AUSTRALIA FELIX Jeremy Bentham and Australian Colonial Democracy AUSTRALIA FELIX Jeremy Bentham and Australian colonial democracy David Geoffrey Matthew Llewellyn A thesis submitted in fulfilment of the degree of Doctor of Philosophy of the University of Melbourne July 2016 School of Historical and Philosophical Studies School of Social and Political Sciences Produced on archival quality paper. Abstract Jeremy Bentham considered that society should be ordered on the idea of the greatest happiness. From this foundation, he devised a democratic political system. Drawing on others’ ideas, this included: the secret ballot; payment of members of parliament; equal electoral districts; one person one vote; universal adult male and female franchise; and annual elections. It also included: a single parliamentary chamber; law made by legislation, including codification of the common law; a strong but highly accountable executive; peaceful change; and eventual colonial independence. Bentham inspired several generations of radical reformers. Many of these reformers took an interest in the colonies as fields for political experiment and as cradles for democracy. Several played a direct role in implementing democratic reform in the colonies. They occupied influential positions in Australia and in London. They sought peaceful change, and looked towards the eventual independence of the colonies. This thesis traces the influence of Bentham, and those who followed his ideas, on democratic reform in the Australian colonies. It also examines the Benthamite input into the 1838 Charter in Britain, and relationships between the Charter and subsequent reform in Australia. The thesis notes ideas implemented in Australia that emerged from the experiences of other colonies, especially Canada. The Wakefield land and emigration system, and responsible government for the colonies, both saw their genesis in the Canadian experience, and both were theorised or taken up as causes by people who were members of the Benthamite circle. South Australia was founded as an experiment for ideas promoted by Bentham and his followers. Liberal agitations for democracy in New South Wales and Victoria were influenced by Bentham’s followers. The successes of Benthamite reformers in the Australian colonies included the first secret ballot system as we recognise it today, introduced to parliaments in Victoria, South Australia and Van Diemen’s Land almost simultaneously. The system of government favoured positive liberalism. Generally proponents of the small state, Bentham’s followers played a considerable role in laying the constitutional foundations that allowed the growth of the mixed Australian system, which looked both to the freedom of the individual coupled with a strong role for the state. The thesis does not claim that Bentham’s ideas were the only influence in colonial constitutional reform. Nor does the thesis uncover activity that has not been recognised elsewhere. Rather, the thesis identifies the influence of Bentham’s ideas on actors already recognised for their role in colonial reform. The thesis adds coherence to a story that is generally presented as a series of unconnected ideas expressed in unconnected acts by unconnected actors. Recognising the Benthamite association of the relevant actors adds coherence to the story of Australian colonial democratic reform and challenges some existing interpretations. It also helps confirm the observations of some scholars that Australia is fundamentally utilitarian or Benthamite. This thesis comprises only my original work towards the Doctor of Philosophy. Due acknowledgement has been made in the text to all other material used. The thesis is fewer than the maximum word limit in length, exclusive of the bibliography. Signed Acknowledgements With thanks to my supervisors for their patient commitment to this work: Sean Scalmer and Stuart Macintyre, School of Historical and Philosophical Studies. Brian Galligan, School of Social and Political Sciences. With thanks to friends and family who have supported this project, notably: Leanne Bowen Anna Fern Katy LeRoy Margaret Llewellyn Peter and Tina Llewellyn Maurice McNamara Anne-florence Planté Contents CHAPTER 1: INTRODUCTION ......................................................................................................... 1 SOME GENERAL OBSERVATIONS ON AUSTRALIAN HISTORIES AND BENTHAM....................................... 3 REVIEW OF CHAPTERS AND PRIOR SCHOLARLY TREATMENT ................................................................. 7 METHODOLOGY .................................................................................................................................. 20 Context and intention .................................................................................................................... 20 Entangled history .......................................................................................................................... 24 CHAPTER 2: BENTHAM, RADICALISM, UTILITARIANISM, AND THE PHILOSOPHICAL RADICALS ........................................................................................................................................... 27 UTILITARIANISM ................................................................................................................................. 27 BENTHAM’S INFLUENCE ..................................................................................................................... 29 ENGLISH RADICALISM ........................................................................................................................ 32 BENTHAMITE UTILITARIANS ............................................................................................................... 47 BENTHAM AND COLONISATION ........................................................................................................... 50 CHAPTER 3: CHARTISM AND UTILITARIANISM .................................................................... 57 INTRODUCTION ................................................................................................................................... 57 LOVETT, PLACE, ROEBUCK, AND THE AUTHORSHIP OF THE CHARTER ................................................ 62 LOVETT, PLACE, ROEBUCK – THEIR POLITICS AND ATTITUDES TO COOPERATIVE CHANGE ................. 64 William Lovett ............................................................................................................................... 65 Francis Place ................................................................................................................................ 67 John Roebuck ................................................................................................................................ 73 A BENTHAMITE PHILOSOPHY BEHIND THE CHARTER? ........................................................................ 74 Happiness ...................................................................................................................................... 76 Non-violence ................................................................................................................................. 79 Rules and procedure ..................................................................................................................... 86 CONCLUSION ...................................................................................................................................... 91 CHAPTER 4: EARLY AUSTRALIAN COLONIAL CONSTITUTIONAL CHANGE ................ 94 UTILITARIANS AND SYSTEMATIC COLONISATION ................................................................................ 96 THE WAKEFIELD SYSTEM ................................................................................................................... 99 COLONIAL CONSTITUTIONAL DEVELOPMENT IN NEW SOUTH WALES AFTER 1830 ........................... 108 CHARLES BULLER AND THE DURHAM REPORT ................................................................................. 113 UTILITARIANS AND CONVICTS .......................................................................................................... 122 ELECTORAL HAPPINESS .................................................................................................................... 128 A NEW CONSTITUTION ...................................................................................................................... 132 VICTORIA ......................................................................................................................................... 137 EUREKA ............................................................................................................................................ 139 CONCLUSION .................................................................................................................................... 149 CHAPTER 5: BENTHAMITE REFORMISTS IN THE COLONIES .......................................... 154 GEORGE STRICKLAND KINGSTON (1807 – 1880) .............................................................................. 155 South Australia’s constitution ..................................................................................................... 160 HENRY SAMUEL CHAPMAN (1803 – 1881) ....................................................................................... 168 The secret ballot .......................................................................................................................... 177 HENRY PARKES (1815 – 1896) ........................................................................................................
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