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Vlc~Roria OONSTITUTION Aoto 1855, VICTORIA. ASSENT OF HER MAJESTY 'rO'l'HE Vlc~rORIA OONSTITUTION AOTo ORDERED BY THE COUNCIL TO BE PRINTED, 23RD NOVEMBER, IS!i!i. CHAS. HOTHA~f, JIessage No.1. Governo/'. The Governor lays before the Legislative Council the enclosed Copies of Despatches from the Right Honorable the Secretary of State, respectively dated 20th July, 1855, No. 36, and 2lst July, 1855, No.1, the former enclosing an Act to enable Her Majesty to assen t' to the Constitutional Bill of the Colonj (as amended); and the other forwarding an Order in Council giving Her·I1fajes·ty's asscnt to such Act. The Governor would invite attention to the terms employed by the Secretary of. State. They shew not only the desire of Her Majesty's Government to promote by every means in their power the p;osperity of this portion of Her l\Iajesty's dominions, but the confidence repoEcd in the loyalty of 'its inhabitants. The Governor avails himself of this opportunity to assure thl\ Legislative Council that it will ever be his desire. to co-operate with them, and give effect to the principles of Government'contained in the New Constitution. Government Offices 1 _~felbourne, 231'd Novembe1', 1855. By Authority : JOliN FERRES, Government Printer, Melbourne. B.-No.!. DE S PA TC H. [No. 36.] Downing-stroot, 20th July, 1855. 8m, I transmit to you the It Act to enable Hel' MaJesty to assent to a Bill, as amended, of tt the Legislature of Vit!toi'ia, to establish a Constitution in and for the Colony of Victoria," which has now received the Royal assent. 2. Former communications from this department will have made you acquainted with the causes of the delay which has occu~red in passing this measure into Law: The Bill of the Colonial Legislature did not reach this country until :May last, at too late a 'period in the Parlia­ mentary Session of 1854 to enable Her Majesty's Government to introduce any measure to Parliament with that 'full consideration and that· careful comparison with the Bills of a like character passed by the other Colunial Legislatures of Australia which the great importance of the subject required. 8. In the form which they have chosen for the J.egislative measure now passed into Law Her Ivlajesty's Government have in substance followed the precedent of the Act passed on a some­ what similar occasion to meet the wishes of the Legislature of Canada, by altering th~ Civil List cstablished by the Canada Union Act-namely, the 10th and 11th Victoria, c. 71. 4. It wa.s their opinion, and that of Parliament, that although the J,egislature of Victoria had exceeded the powers conferred on it in pa~sing their Bills, and although,therefore, Parliamentary enactment was necessary, it. was more expedient to preserve, in form as well as substance, the measure which had been fully considered and finally enacted by that Legislature, than to supersede its provisions by direct Parliamentary legislation. 5, In rigorous adherence to the same principle, no alteration has been .made in any of those provisions which are simply or a local character. It has been the conviction .of Parliament, that the Legislature must itself Be trusted for all the details of loc~l representation and internal administration. Her Majesty's Government have every reason to hope that the measure before them will form a durable foundation for the social prosperity and good government' of Victoria. But the responsibility for iti! introduction will rest, 'as it ought to do, with the l'!lembers of the Council by whom it was in all substantial points prepared and discussed. 6. But those portions of the provincial enaotment which controlled and regulated the future power of the Crown as to the reservation and disallowance of Colonial Acts, and as to the instructions to be given to Governors respecting them, have been omitted by Parliament. These portions were plainly not of a local character, but regarded the connexion of the Colony with the body of the empire. I will not now enter Into the very important subject ·of discussion which the omitted clauses afford, It is sufficient for me "n the prcsent occasion to observe, that Her :Majesty's advisers were of opinion that a change of such vital consE)quence ought not to effected by partial legislation in the way proposed j and that, even if this were otherwise, the 'particular clauses in question were open to difficulties of an insuperable kind. 7. With respect to the instructions given to Governors, I am not sure that some amount of misapprehension does not prevail. It Las been the uniform practice, not in Australia only, bu~ throughout the Colonial empire of Great Britain, for Her Majesty's Government to issue general directions to Governors as to the classes of Acts which should be reserved by them for the assent of the Crown, sometimes by the formal instruments accompanying their commissions} sometimes merely by despatch. But these instructions, however binding on the Governor's discretion, are not in the nature of legal conditions precedent, the non-observance of which in any way affects the validity of Cplonial Acts. The clauses in question would therefore have· removed no sub­ stantial legal impediment, while they would have fettered the supreme executive authority in a manner wholly inconsistent with the preservation of the general interests and unity of the empire. 8. The only other portion omitted is clause 61 of the Colonia,l Act, which was beyond the functions of the Legislature, relating as it did to other Colonies beside's Victoria; and might have become inconvenient, from possible conflict with other local enactments, if it had been-ratified by Parliament. 9. The original provisions of the Act of Parliament are few and simple, and require no explanation excepting only section 4. 10. By clause 68 of the Colonia.l Bill the Legislature took power to alter from time to time all its provisions, but subject to a peculiar condition in case Buch alteration affected the constitution of the Council or Assembly, or the civil. list schedule. With the provisions of this 4 clause Parliament, in pursuance of the guiding' principle already laid down, was not willing to interfere. But considerable doubt has been entertained, what ,would be the real operation of the clause, now that by the sanction of the Imperial, Legislature it has been, in a legal sense, turned into part of an Act of Parliament, and in particular whether the Legislature would or would not have had under it the power to repeal the proviso as to majorities introduced by itself. Now it was clear that, if the Colonial Bill had been of an ordinary kind,and requiring only the Crown's sanction, any sUilh proviso might have· been repealed by the same authority which enacted it, and in the same manner, viz., by a simple majority. It was thought therefore that the wishes of the Colonial, Legislature would be most fairly met by the introduction of section 4. 11. With reapect to the Shedule containing the Civil I.Jist, as it is popularly termed, although in effect only an cnactment withholding certain portions of the regular expenditure of the Colony from being voted in the annual estimates, Her Majesty's Government have the fullest reason to recognize the ample nature of the provisioJ1. therein made, and to admit that the Legis­ lature have acted on a very liberal understanding of the mutual eng'agementB which formed the basis of the present enactment. ,12. It is, howcvcr, by no means their wish to enforce on the Colony the observance of the present arrangement as final. They believe it to be of great importance to the political well-being of a comrimnity that certain services of the higher class· should be provided for by J.Jaw, and not subject to annual vote. But they regard this as a subject of strictly local, however high, concern, and that they would not be justified in throwing other obstaclcs in the way of its re-consideration than what the local Legislature have them8elv~s thought proper to raise. 13, The Legislature of Victoria has thought proper to protect thc interests of existing holders, whether of salary or pcnsiun, by the general condition that all enactments touching the Qivil List should be reserved, for Her Majesty's pleasure. ,That general condition is liable to repeal, but should it be at any time repealed, you will continue to reserve for HerJliIajesty's pleasure any Bill which may affect those existing interests, to maintain which the faith of the " Cruwn is pledged by the transactions which have resulted in the present measure. 14. With respect to all other Bills, I have no instructions to convey, subject only to the general rule, that Hcr Majesty's Government fully recognize, in practice, t,he expediency of leaving local questions to be dealt with by the local legislature, although they are not prepared to admit the practicability of the scheme devised by the I ..egislature of Victoria for classifying such questions. 15. I have only further to instruct you as, to the introduction of responsible government; but it is so evident from the general provisions of the 80lonial Bill before mc, respecting executive appointments, some of which, however, I fear may' prove inconvenient in practice, that your ad­ visers :rnd the Legislature have had fully in view the exigencies of that system, that I am not aware that any special directions are rcquired from myself, You will shortly receive a fresh commission, and instructiJlns amended in those particulars which the introduc~ion of that system rende,rs it necessary to change.
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