outline of a constitution for New South Wales, which I will submit to the consideration of the House. In so doing I will only pledge myself to general principles. I will not pledge myself to minute details; for, in order to make a perfect measure, information would be required from the Colonial Office, and it would be necessary to consult constitutional lawyers. I must now beg pardon for trespassing so long on the attention of the Committee, but I must rest my excuse on the challenge thrown out by the noble lord.

In conclusion, I must assert that our true colonial polity is to have faith in our colonists, and to believe that they are as rational men as we are, and that they understand their own local affairs better than we can; therefore, I maintain that we ought to give them the uncontrolled management of their local affairs, as distinguished from imperial concerns. Then the colonists, freed from the hated tyranny of the Colonial Office, bearing true allegiance to the monarch of these realms, and willingly obeying the laws made by the Imperial Parliament, or by those authorities to whom the Imperial Parliament shall delegate a portion of its legislative powers, would be bound to the British

Empire by the strong ties of race, language, interest, and affection.

ON THE SECOND READING OF THE AUSTRALIAN GOVERNMENT BILL.

FEBRUARY 18, 1850.

[The second reading of the Bill was passed without opposition.]

It appears to me that it would be wise policy on the part of the House unanimously to assent to the principle of this Bill, and to show to the Australian colonies that we are anxious as speedily as possible to give them the benefit of representative government. Therefore, in my opinion, it would be better to offer no opposition to the first stages of this Bill, but that all questions concerning the form of government of these colonies, and concerning the powers to be delegated to the colonial authorities, should be carefully considered in Committee. I think, if this course be adopted, it is not too much to ask the noble lord to give honourable members full opportunity to discuss the details of this measure, and to propose amendments to it. Does the noble lord assent to this? If so, it appears to me, that before this Bill is discussed in Committee, the noble lord should alter its shape and form. For in its present form many of the most important questions with regard to the government of the Australian colonies cannot be directly raised upon the clauses of this Bill, but only indirectly by reference to the clauses of a former statute upon which this Bill is founded.

The noble lord's Bill is founded upon the

Constitution Act of New South Wales, 5 & 6 Vict., c. 76; and if it were to pass, it would first repeal one portion of that Act, then continue another portion of it, then alter and amend a third portion of it, then add several new clauses, and then apply this statute, so altered and amended, so curtailed and augmented, to the separated colonies of New South Wales and Victoria, and to all the other Australian colonies. Certainly, in its present shape and form, it is a confused Bill. It is not possible for an honourable gentleman to understand it, unless he has previously almost learnt by heart the Constitution Act of New South Wales. On the other hand, if he begin by reading the Constitution Act, he cannot tell what portion of it is to continue to be law till he has carefully studied the Bill of the noble lord. Therefore, if an honourable member wish to make himself acquainted with the details of the noble lord's measure, he must go backwards and forwards from the Bill to the Constitution Act, and from the Constitution Act to the Bill. For instance, suppose an honourable member wish to ascertain what are to be the powers of district councils; he cannot find them in this Bill, but he would find sundry clauses which would refer him to the Constitution Act; in that Act he would discover numerous clauses about district councils, one of which would appear to him to be utter nonsense, and then he would have to return to the noble lord's Bill to ascertain whether that incomprehensible clause is or is not to be repealed. Again, suppose an honourable member wish to ascertain what is to be the elective franchise in the colony, say of Van Diemen's Land; he would

not find it in this Bill, but he would find in Clause 6 that the present Legislature of Van Diemen's Land "may reduce the minimum value of land required to confer the right of voting." He would then naturally ask where is the amount of this minimum value to be found? and the clause would answer, in provisions not specifically contained in this Bill, but "hereinafter by reference contained" in it; he would then proceed to search for these "hereinafter by reference contained provisions," and would find in Clause 11 that this expression meant certain provisions of an Act of the fifth year of her Majesty, as altered and amended by an Act of the eighth year of her Majesty; and after having carefully read through both of these statutes he would arrive at this result, which might be stated in a few words, namely, that the Legislature of Van Diemen's Land may fix the minimum value of land required to confer the right of voting at any sum not exceeding 200l.; and consequently that it would be in the power of that Legislature at once to establish universal suffrage. It would be easy to multiply instances of this kind. My chief objection to the form of this Bill is, that it will not offer fair opportunity to discuss some of the most important questions of colonial government. For neither the question of the amount of the franchise, nor of the amount of the property qualification of members, nor of the duration of colonial parliaments, nor of the power of the governor to reserve Bills, nor of the power of the Colonial Office to instruct governors, nor of the power of the Colonial Office to disallow Bills-not one of these important questions would be directly raised by this Bill, but

only indirectly, in the fifth and eleventh clauses, by reference to the Constitution Act of New South Wales. Consequently it will be very difficult to take the sense of the Committee on these questions. Therefore, if the noble lord be willing that honourable members should have a fair opportunity to discuss the details of his measure, and to offer amendments to it, he should alter the shape of his Bill, and consent to consolidate it with the Constitution Act of New South Wales, and with the two short Acts which amend and explain the Constitution Act; that is, the noble lord should propose to repeal those three Acts, and should introduce into his Bill clauses re-enacting in full such portions of those Acts as the noble lord wishes to have re-enacted. Then all questions with regard to the form of government of the Australian colonies, and with regard to the powers to be reserved to the Colonial Office, or to be delegated to the colonies, would be brought under the consideration of the Committee in a clear and distinct manner; and each question, as it would arise, would be discussed and easily settled. The convenience of such a mode of proceeding is self-evident. It might, however, be said that such an alteration in the form of the Bill would cause delay in going into Committee. I think it need not do so; I believe it would be easy to make the alteration which I have proposed should be made in the shape of this Bill. If it were done, then we should have a Bill which could be easily understood and discussed; and if it were passed, it would not, on account of its form, be an opprobrium to our legislation. For if this Bill became law in its present shape the constitution