Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 79
A Guide to New South Wales State Archives relating to Responsible Government
The Upper House of the new Parliament, the Legislative Council, was designed as a safe,
revising, deliberative and conservative element between the Lower House and the
Governor. It was to be composed of members nominated by the Governor on the advice
of the Executive Council. The members were to be not less than 21 in number, although
otherwise the number was unlimited. They were to be 21 years of age and natural born
or naturalised subjects of the Queen with not less than four-fifths of them being persons
holding no official appointments under the Crown, except for military officers and retired
officers on pensions. Members were, in the first instance, to be appointed for five years,
and afterwards, from 1861, for life. The Lower House, the Legislative Assembly, was to
be constituted by 54 Members elected according to a franchise based upon property or
income rights of men. Its term was five years. Any men qualified and registered as
voters (except for holders of office or pension under the Crown, public servants, active
military officers and ministers of religion) could stand for election.
The first elections for Members of the Legislative Assembly were held from 11 March to
19 April 1856. These non-simultaneous elections meant that a candidate who failed in
one electorate could contest another. The first Parliament met on 22 May 1856 and was
formally opened on 23 May 1856.
The Government was drawn from the elected Members of the Lower House and was thus
responsible to the people. The first Ministry under responsible government comprised
Stuart Alexander Donaldson, Colonial Secretary and Prime Minister or Premier; Thomas
Holt, Colonial Treasurer; William Montagu Manning, Attorney General; John Bayley
Darvall, Solicitor General; George Robert Nichols, Auditor General, and Secretary for
Lands and Works; and William C Mayne, Representative of the Government in the
Legislative Council. Donaldson, Manning, and Darvall were appointed Members of the
Executive Council on 29 April 1856, but they did not take office until 6 June, as some
preliminary arrangements were necessary before they vacated their seats as Members of
the Legislative Assembly.2
However, the Donaldson Ministry was short-lived, being replaced on 26 August 1856 by
a Ministry led by Charles Cowper. Ministries were appointed and defeated in quick
succession. For example, between 1856 and 1901, 29 Ministries held office for an
average life of 18 months each and ten fell on direct motions of censure; between 1858
and 1898, no Ministry won two general elections straight and few Parliaments ran their
full term.3
Between the period 1856 and 1900, 21 out of the 31 Prime Ministers or Premiers held
the portfolio of Colonial Secretary. Before self-government, the most important of the
official administrative positions in the old Legislative Council was that of Colonial
Secretary. Hawker argues that "custom and precedent undoubtedly played an important
part in maintaining the belief that the Colonial Secretary's Office was an adequate base
from which to guide a government. ... Custom also provided that the Office should be the
administrative link between governments and the Parliament, a point of some
importance when Premiers were leaders of the House, as well as leaders of the
government".4
For more than 30 years after the inauguration of responsible government in New South
Wales government was carried out through majorities organised around political factions.
A number of shifting groups, with constantly changing allegiances, caused a bewildering
2
A Statistical Account of the Seven Colonies of Australasia, 1901-02, (Government Printer,
Sydney, Ninth issue 1902), p.19; hereafter Seven Colonies
3
Hawker, G N, The Parliament of New South Wales 1856-1965, (Government Printer, Sydney,
1971), p.21
4
Ibid, pp.46-47
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State Records Authority of New South Wales
