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Victorian Historical Journal
VICTORIAN HISTORICAL JOURNAL VOLUME 89, NUMBER 2, DECEMBER 2018 ROYAL HISTORICAL SOCIETY OF VICTORIA VICTORIAN HISTORICAL JOURNAL ROYAL HISTORICAL SOCIETY OF VICTORIA The Royal Historical Society of Victoria is a community organisation comprising people from many fields committed to collecting, researching and sharing an understanding of the history of Victoria. The Victorian Historical Journal is a fully refereed journal dedicated to Australian, and especially Victorian, history produced twice yearly by the Publications Committee, Royal Historical Society of Victoria. PUBLICATIONS COMMITTEE Judith Smart and Richard Broome (Editors, Victorian Historical Journal) Jill Barnard Rozzi Bazzani Sharon Betridge (Co-editor, History News) Marilyn Bowler Richard Broome (Convenor) (Co-Editor, History News) Marie Clark Jonathan Craig (Review Editor) Don Garden (President, RHSV) John Rickard Judith Smart Lee Sulkowska Carole Woods BECOME A MEMBER Membership of the Royal Historical Society of Victoria is open. All those with an interest in history are welcome to join. Subscriptions can be purchased at: Royal Historical Society of Victoria 239 A’Beckett Street Melbourne, Victoria 3000, Australia Telephone: 03 9326 9288 Email: [email protected] www.historyvictoria.org.au Journals are also available for purchase online: www.historyvictoria.org.au/publications/victorian-historical-journal VICTORIAN HISTORICAL JOURNAL ISSUE 290 VOLUME 89, NUMBER 2 DECEMBER 2018 Royal Historical Society of Victoria Victorian Historical Journal Published by the Royal Historical Society of Victoria 239 A’Beckett Street Melbourne, Victoria 3000, Australia Telephone: 03 9326 9288 Fax: 03 9326 9477 Email: [email protected] www.historyvictoria.org.au Copyright © the authors and the Royal Historical Society of Victoria 2018 All material appearing in this publication is copyright and cannot be reproduced without the written permission of the publisher and the relevant author. -
Imagereal Capture
A HISTORICAL SURVEY OF THE VICTORIAN CONSTITUTION, 1856 TO 1956 The first Victorian Parliament elected under the provisions of the Constitution Act 1855 met on 21 November 1856. It was celebrated as a great event and the day was proclaimed a holiday. A future Premier of the Colony recorded his impressions of the day's events. 'The Corporation headed by the ~a~or,-theJudges in their-robes, the Town Councillors in their uniforms, the Foreign Consuls looking as like Ambassadors as thev could contrive to do, and the Governor accompanied by a staff and escorted by volunteer cavalry arrived at a chamber crowded with ladies.'l he occasion was n&eworthy in more ways than one. Not only was this the first Victorian parliament to be elected under the regime of responsible government, but Victoria blazed a trail by conducting the election by secret ballot. The legislation enacting ;he secret ballot had been adopted in 1856 by the Legislative Council established in 1850, though not without vehement opposition and expressions of foreboding.' This new- fangled method of voting proved a great success, and the conduct of the election was applauded by contemporary observer^.^ Under the Constitution Act, thirty members were elected to the Legis- lative Councile and sixty to- the A~sembly.~No person was eligible for election to the Legislative Council unless he was thirty years of age and owned freehold property to the value of Egooo or the annual value of The qualification for election to the Assembly was the attainment of the age of twenty-one and the ownership df freehold land to the value 07 Ez,ooo, ors the annual value of ~200.' * M.A., B.C.L. -
Volume 1 – Version 31
Port Phillip Heritage Review Volume 1 – Version 31 February 2020 Port Phillip Heritage Review Contents 1. Introduction .......................................................................................................................................................... 4 1.1 Port Phillip Heritage Review .................................................................................................................................. 4 1.2 Updating the Port Phillip Heritage Review ............................................................................................................ 5 2. Brief ........................................................................................................................................................................ 6 3. Study Method ....................................................................................................................................................... 7 3.1 Thematic Environmental History ........................................................................................................................... 7 3.2 Field Survey ........................................................................................................................................................... 7 3.3 Heritage Overlay Areas.......................................................................................................................................... 8 3.4 Data Sheets .......................................................................................................................................................... -
Imprisonment for Debt in Colonia Victoria, 1857–90
‘CONTRARY TO THE SPIRIT OF THE AGE’:1 IMPRISONMENT FOR DEBT IN COLONIAL VICTORIA, 1857–90 JODIE B OYD, * IAN RAMSAY† AND PAUL ALI‡ The reintroduction in 1857 of imprisonment for debt in colonial Victoria flew in the face of international momentum for its abolition. In its criminalisation of debt and poverty, the Fellows Act 1857 (Vic) (21 Vict, No 29) also defied the rapid advancement of democratic and egalitarian principles in the fledgling colony. Frequently referred to as ‘gross class legislation’, the law was used unabashedly to target poor small debtors, leaving ‘mercantile men’ with significant debt untroubled by the prospect of a debtors’ gaol. Despite consistent and broad opposition to the Fellows Act 1857 (Vic) (21 Vict, No 29), its advocates resisted repeated attempts to abolish or meaningfully amend it. It is argued here that the law, and its survival against the ‘spirit of the age’, can be understood as part of a broader story of conservative resistance to the democratic innovations that threatened the power of the Victorian mercantilist establishment. CONTENTS I Introduction .............................................................................................................. 738 II ‘Enacted by a Tradesman’s Parliament’ ................................................................. 746 A Establishing Imprisonment for Debt Prior to Universal Manhood Suffrage ....................................................................................... 747 B ‘The Barbarism of Our Law of Imprisonment for Debt Is Only Surpassed -
Ryan William Haddrick LLB Jamescook, LLM Qldut, Graddiplegprac ANU
The Queen’s Ministers of State for the Commonwealth: The Relationship between the Prerogatives of the Crown and the Executive Power of the Commonwealth Ryan William Haddrick LLB JamesCook, LLM QldUT, GradDipLegPrac ANU A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in 2017 T.C. Beirne School of Law i ii ABSTRACT The orthodox view is that the prerogatives of the Crown are textually incorporated, or sourced, in the language of s 61 of the Australian Constitution. This work challenges that assumption by examining the text, structure and history of ss 2, 61 and 64 of the Constitution. In particular, the inclusion of the words “under the Crown” and “shall be the Queen’s Ministers of State for the Commonwealth” in the preamble and s 64 respectively are, it is argued, textual indicators (and devices) that the prerogative is textually recognised or affirmed by those provisions, and ought to be seen as emanating from the Crown, and recognised by common law – and not as emanating from s 61 of the Constitution. Having argued that the executive power of the Commonwealth (that is, s 61) is not the textual source, or recognition, of the prerogatives of the Crown, this dissertation then posits a theory as to how s 61 should be construed. True to its Montesquieuian heritage, it is argued that the executive power of the Commonwealth ought to be understood in a functionalist sense. The evidence considered to support these propositions is the text, structure and history of the constitutional provisions. In particular, this dissertation examines the historical concept of the prerogatives of the Crown; the way that body of constitutional doctrine became part of the Australian constitutional landscape; and how the prerogative was understood to operate in pre-Federation Imperial and colonial case law. -
Bibliography
Bibliography Abbey, B. (1987) ‘Power, Politics and Business’, Australian Journal of Political Science, 22 (2), 46–54. Ackerman, B. (2000) ‘The New Separation of Powers’, Harvard Law Review, 113 (3), 633–729. ADB (2008) Australian Dictionary of Biography Online Edition, at http://www.adb.online.anu. edu.au/adbonline.htm, accessed 29 July 2008. Adcock, R., M. Bevir and S. Stimson (eds) (2006a) Modern Political Science: Anglo-American Exchanges since 1880 (Princeton: Princeton University Press). ——— (2006b) ‘A History of Political Science. How? What? Why?’, in R. Adcock, M. Bevir and S. Stimson (eds), Modern Political Science, 1–17. Adelman, H., A. Borowski, M. Burstein and L. Foster (eds) (1994) Immigration and Refugee Policy: Australia and Canada Compared, 2 vols (Carlton: Melbourne University Press). Adeney, D. (1986) ‘Machiavelli and Political Morals’, in David Muschamp (ed.), Political Thinkers (South Melbourne: Macmillan), 51–65. Adorno, T. W., E. Frenkel-Brunswik, D. J. Levinson, and R. N. Sanford (1950) The Authoritarian Personality (New York: Harper and Row). Ahluwalia, P. (2001b) ‘When Does a Settler Become a Native? Citizenship and Identity in a Settler Society’, Pretexts, 10 (1), 63–73. Aimer, P. (1974) Politics, Power and Persuasion: The Liberals in Victoria (Sydney: James Bennett). Aitkin, D. (1969) The Colonel: A Political Biography of Sir Michael Bruxner (Canberra: Australian National University Press). ——— (1972a) The Country Party in New South Wales: A Study of Organisation and Survival (Canberra: Australian National University Press). ——— (1972b) ‘Perceptions of Partisan Bias in the Australian Mass Media’, Politics, VII (2), 160–9. ——— (1977) Stability and Change in Australian Politics (Canberra: Australian National University Press). -
Chinese Litigants in Late Colonial Court-Rooms’, Journal of Chinese Overseas 9, 2
Law as Politics: Chinese Litigants in Australian Colonial Courts Author Finnane, Mark Published 2013 Journal Title Journal of Chinese Overseas DOI https://doi.org/10.1163/17932548-12341259 Copyright Statement © 2013 Brill Academic Publishers. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal website for access to the definitive, published version. Downloaded from http://hdl.handle.net/10072/59114 Griffith Research Online https://research-repository.griffith.edu.au This is the pre-print manuscript version of this article which has been published as ‘Chinese litigants in late colonial court-rooms’, Journal of Chinese Overseas 9, 2, 2013, pp. 193-211: DOI: 10.1163/17932548-12341259 Law as Politics: Chinese Litigants in Australian Colonial Courts Mark Finnane Abstract The recent historiography of Chinese in Australia has emphasised their vigorous formation of a local identity and community even in the face of recurrent and expanding threats of exclusion from colonial life. In their ready embrace of legal remedies to redress what they saw as discrimination or other harms, the Chinese were exemplar colonial settlers who looked to the law to protect them. In colonial appeal courts, Chinese litigants challenged migration controls, contested convictions under opium restriction and gambling laws, sought equitable outcomes in property inheritance and challenged exclusionary regulation under the Factory Acts. In contrast to another kind of history of the Chinese in Australian law, as defendants in criminal prosecution, this article draws attention to the Chinese engagement in legal remedies as an assertion of their entitlement to recognition and fair play. -
A Biography of George William Knight
Of Railways, Wine and Flowers: A Biography of George William Knight Robyn Hunter Bachelor of Arts (La Trobe University), Graduate Diploma of Education (La Trobe University), Master of Education Studies (Federation University) This thesis is submitted in total fulfilment of the requirements for the Degree of Doctor of Philosophy Faculty of Education and the Arts Federation University P.O. Box 663 University Drive, Mount Helen Ballarat, Victoria, 3353, Australia Submitted for examination 1 May 2018 Abstract The title page photograph1 has been used for many decades as the quintessential representation of George William Knight (1832–1923), railway engineer, viticulturist, horticulturist and Bendigo Council’s building surveyor and city surveyor. He is cursorily remembered by railway, viticultural and horticultural historians and enthusiasts. However, he remained unknown by some of his descendants, including me. Yet, his contribution deserves to be recognised. Knight is representative of English, middle-class, liberal young men who flocked to Australia in the 1850s, but who did not obtain high political office or financial success. This study uses a biographical approach to explore his role in building Victoria. It examines his conflict with Bendigo councillors who could not abide his forthright stance or his refusal to acquiesce to their whims, a conflict that exploded into a vicious battle that Knight lost. Unshackled from council, he expended his huge intellectual and physical energy developing nurseries and vineyards. Yet, these battles with council are remembered, and Knight’s reputation has suffered because of them. This thesis examines misunderstandings surrounding class and reveals Knight to have been a member of the petty bourgeoisie—aspirational, yet understanding and empathetic towards working people. -
The Families of French of Belturbet and Nixon of Fermanagh, and Their
UC 929.2 F8871S 1127710 GENEALOGY COLLECTION \j ALLEN COUNTY PUBLIC LIBRARY 3 1833 01239 9322 HUMPHREY FRENCH. "TuK CJouu LuKU Mavuk." 1733-6. See 9-1 J. Lur.l Miiyur of J )ublin, 1732-3, M.P. for Dublin, pp. FroiitUpkrr—Froiii a Mczs.utiiil in pos>:c>i>'io/i <;/' tin lt( r. II. li. Siruirj/. THE FAMILIES French of Belturbet Nixon of Fermanagh -,^Cr ^N^ THEIR DESCENDANTS The Rev. HENRY BIDDALL SWANZY, M.A. iPRINTED FOR PRIVATE CIRCULATION.^ 1908. DUBLIN : PRIMTED BY ALEX. THOM & CO. LIMITED. PREFATORY NOTE. iiST'T'jf.O An attempt has been made in the following pages to put on record what can be discovered concerning the descendants of two Irish families which became allied in 1737 by the marriage of the Rev. Andrew Nixon with Mariaime French. The various families detailed on pp. 83-127, are descended from that marriage. The PubHc Record Office contains evidence of the existence of many other persons of the names of French and Nixon, who, from the localities in which they lived, were very probably of the same stock, but as no proof of their relationship has been forthcoming, as a rule they have not been mentioned in the book. It has been found necessary to condense the work as much as possible, and to leave out some biographical details which might have been inserted. I have tried in most instances to give chiefly those which come from unfamiliar sources. The evidence for the earlier generations in the 17th and 18th centuries is in almost every case clear and complete. -
The Federal Story the Inner History of the Federal Cause 1880-1900
The Federal Story The Inner History of the Federal Cause 1880-1900 Deakin, Alfred (1856-1919) Edited by J. A. La Nauze A digital text sponsored by New South Wales Centenary of Federation Committee University of Sydney Library Sydney 2000 http://setis.library.usyd.edu.au/fed/ © University of Sydney Library. The texts and Images are not to be used for commercial purposes without permission Source Text: Prepared from the print edition published by Melbourne University Press Melbourne 1963 The work by J. A. La Nauze is reproduced here in electronic form with the kind permission of Barbara La Nauze, 21 September 2000. All quotation marks retained as data All unambiguous end-of-line hyphens have been removed, and the trailing part of a word has been joined to the preceding line. First Published: 1944 Languages: French Italian Latin 342.94/D Australian Etexts autobiographies political history 1910-1939 prose nonfiction federation 2001 Creagh Cole Coordinator Final Checking and Parsing The Federal Story The Inner History of the Federal Cause 1880-1900 Melbourne Melbourne University Press 1963 (1944) Introduction J. A. La Nauze Alfred Deakin died in 1919. His ‘Inner History of the Federal Cause’ was first published in 1944 by Messrs Robertson and Mullens of Melbourne, in an edition edited by his son-in-law, Herbert Brookes, who gave it the title of The Federal Story. The present edition, published with the permission of Mr and Mrs Brookes, has been newly collated with the manuscript, passages omitted from the 1944 edition have been restored, and new material has been added. -
The Lost Opportunity of Melbourne's Outer Circle Railway
The Lost Opportunity of Melbourne’s Outer Circle Railway Trevor McKenna, B.A. Dip. Ed. This thesis is submitted in total fulfilment of the requirements for the Degree of Master of Arts (By Research) Faculty of Education and the Arts Federation University P.O. Box 663 University Drive, Mount Helen Ballarat, Victoria, 3353 Australia Submitted for re-examination 7 December, 2017 ii ABSTRACT This thesis examines a little known railway line in Melbourne, the Outer Circle Railway (OCR) running from Oakleigh in the south-east to Fairfield in the north. There is great significance to its east-north trajectory, because I will argue, it was conceptualised as a major part of the Melbourne system, for the future; a future that ostensibly lasted only two years, before the economic depression of the 1890s caused it to close in stages. It further brought in many more strands to the Melbourne transport nexus, as it circumnavigated the inner suburbs. I ask the key question ‘was the Outer Circle Railway a lost opportunity’? Though considered one of the great public transport cities of the world, Melbourne with its extensive rail and tramway networks succumbed to the winds of change, embodied by the Fordist principles of private car ownership, freeway building and traffic systems. The public transport budget was cut in the second half of the twentieth century – leaving Greater Melbourne in constant gridlock, in the twenty-first century. I use documentary analysis to examine primary and secondary documents, to comprehend whether the almost immediate denigration of the OCR, by newspapers and most historians, was warranted. -
VICTORIAN HISTORICAL Journal
VICTORIAN HISTORICAL Journal VOLUME 855 NO. 2 DECEMBER 2014 The Victorian Historical Journal is a fully refereed journal dedicated to Australian, and especially Victorian, history published twice yearly by the Royal Historical Society of Victoria. The Royal Historical Society of Victoria acknowledges the support of the Victorian Government through Arts Victoria—Department of Premier and Cabinet. Publication of this edition of the Victorian Historical Journal is made possible with the support of the estate of the late Edward Wilson. Cover: Bust of Justice Thomas Fellows (Courtesy of Supreme Court of Victoria.) Sculptor: James Scurry VICTORIAN HISTORICAL JOURNAL Volume 85, Number 2 December 2014 Articles Sincere Thanks ....................Richard Broome and Marilyn Bowler 185 Introduction............................................................Marilyn Bowler 186 Exodus and Panic? Melbourne’s Reaction to the Bathurst Gold Discoveries of May 1851 ...............Douglas Wilkie 189 The Birth of the Melbourne Cricket Club: a New Perspective on its Foundation Date.................Gerald O’Collins and David Webb 219 The Point Hicks Controversy: the Clouded Facts ............................................................................Trevor Lipsombe 233 Charles La Trobe and the Geelong Keys.....................Murray Johns 254 Attempts to Deal with Thistles in Mid-19th Century Victoria..............................................................John Dwyer 276 So New and Exotic! Gita Yoga in Australia from the 1950s to Today. ...............................................Fay