Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 125
A Guide to New South Wales State Archives relating to Responsible Government
The Swamping of the Legislative Council
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.14
With the establishment of responsible government in 1856, most of the functions of the
former Legislative Council were absorbed by the new Legislative Assembly. However,
while much of the role of the former Council was taken up by the new Assembly (the
Lower House), under the Constitution Act of 1855 the Council, which became the Upper
House of the Parliament, had almost the same powers as the Assembly. The new Council
members tended to be prominent wealthy and older citizens with views that were more
conservative than most members of the Legislative Assembly. The Council could amend
or reject any Bill sent from the Assembly, even money bills, and did so. As a result,
popularly elected governments were often frustrated in their attempts to pass laws based
on public demand. Partly as a result of this, six Ministries fell during the years 1856 to
1861.
Under the Constitution Act of 1855, the Members of the Legislative Council were to be
appointed initially for a five year term and then for life. The term of the first appointees
was due to expire on 13 May 1861. The Constitution Act of 1855 allowed the Parliament
to modify the composition of the Legislative Council and the time to do so appeared to be
before the life appointments came into effect. In his opening speech on 31 August 1859,
the Governor foreshadowed the introduction of a bill for reforming the Legislative
Council. "The Government has, after mature deliberation, arrived at the conviction, that
this portion of the Constitution Act should be amended ... a Bill will be introduced for
making the Legislative Council elective. As the five years alluded to will expire in the
year 1861, this Bill is evidently of pressing importance.i15 This first attempt, however,
Premier William Forster's bill of 1860 to reconstruct the Council, was defeated. Later
attempts to reform or reconstruct the Legislative Council in the nineteenth century also
consistently failed.
The first swamping' of the Legislative Council was precipitated by the two Robertson
Land Bills. Originally they were laid on the table of the Legislative Assembly on 3 July
1860 and formally introduced on 27 September. At the second reading, on 11 October
1860, the Crown Lands Alienation Bill was carried without a division, but in committee on
26 October an amendment to the Bill requiring `survey before selection' was carried by
33 to 28. As a result a dissolution of Parliament ensued: "the Ministry had deemed it
expedient to tender certain Advice to His Excellency the Governor General, and that His
Excellency had been pleased to express his willingness to accede to their Advice that an
Appeal should be made to the Country".16
The passage of the Land Bills, in particular the principle of free selection before survey
had considerable public support. The throwing open of the agricultural, pastoral and
mining resources of the Colony had been a burning issue not only in the Legislature but
14
Parkes, Henry, op cit, Vol.1 p.148
15
Votes and Proceedings of the Legislative Assembly, 31 August 1859, Session of 1859-60 Vol.1
p.7
16
Ibid, 21 October 1860, Session of 1860 p.103
State Records Authority of New South Wales
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