Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 78
A Guide to New South Wales State Archives relating to Responsible Government
Part 2. Responsible Government
The first fifty years, 1856-1906
1. It is with no ordinary feelings of satisfaction that I address you, for the first time, as the
Legislature constituted under the provisions of an enactment framed for the purpose of adopting,
so far as circumstances will permit, the principles characteristic of the British Constitution; and I
trust that this form of Government will be found congenial with the habits and feelings, and
conducive to the happiness and prosperity , of the people of New South Wales.
2. By this enactment, a change has been made in my relation towards the Legislature to which it is
necessary that I should briefly allude.
3. Under the former Constitution of the Colony, the governor only was responsible for the policy of
the Government; and for the measures submitted to the Legislature by which that policy was
intended to be carried into effect. Under the present Constitution the Governor is relieved from
that great responsibility; which now, most properly, falls upon those gentlemen who he may select
as his advisers; and in whose ability, integrity, and political principles, the Legislature places
confidence. As in my former relation to you, I was always most anxious to press upon your notice
whatever could, in my opinion, be conducive to the interests of the Colony, so now I shall be ever
ready to carry into effect, as Head of the Executive, such measures as the Legislature may
consider best calculated to enhance the General prosperity.
extract from speech of the Governor Sir William Denison on the opening of the first Parliament
under responsible government on 23 May 1856, reproduced in a souvenir centenary booklet, with
Governor: Subject bundles — Opening of Parliament, CGS 4542, [12/2053]
The Constitution Act of 1855, which took effect from 24 November 1855, brought
responsible government to New South Wales. It established a bi-cameral parliament with
a Legislative Assembly elected on a broad property franchise, and an appointed
Legislative Council. It provided for wide powers over domestic matters, including revenue
raising and land. However, Britain still retained the power to disallow colonial legislation.
The Act also provided for the New South Wales Governor, acting on the advice of the
Executive Council, to make appointments to public office. While 'responsible government'
(with Ministers of State drawn from the Parliament) was not expressly included, this was
implied and clearly intended.
With responsible government, the Colony of New South Wales was given responsibility
for managing all of the expenditure and income of the Colony, enacting all legislation
(with certain conditions), and generally managing the Colony's own affairs. The Imperial
Government had surrendered control over land, a key grievance in the preceding
decades, but also had pulled out much of the funding it had provided since the inception
of the British Colony in 1788 for the military and convicts. "Henceforth London would
only pay for a fixed minimum force, and the colonies would have to pay for any
additional British troops they wanted. Barracks and other military properties were to be
transferred to the colonies, which would also be responsible for all troops retained.i1
The Constitution Act of 1855 made provision for the creation of a bicameral legislature in
New South Wales. Most of the old Council's functions were absorbed by the new
Legislative Assembly, the Lower House. However, under the Act the new Legislative
Council, the Upper House, had almost the same powers as the Lower House. The Council
could amend or reject any Bill sent from the Assembly, even money bills, and did do so
regularly. 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.
1 LIIK, George, "Colonial Defence in New South Wales", in New South Wales - Autocracy to
Parliament 1824-1856, (Legislative Council, Sydney, 1976), p.84
State Records Authority of New South Wales
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