Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 16
A Guide to New South Wales State Archives relating to Responsible Government
Part 1. Towards Responsible
Government, 1824-55
Until 1824 the Governor of the Colony of New South Wales had virtually absolute
legislative and administrative power and was responsible for his actions to the Colonial
Office in London only. This was partly changed by Imperial Act 4 Geo IV c.96, which
constituted a Legislative Council.
Commissioner Bigge's Reports on the colony had led to the passing of Imperial Act 4 Geo
IV c.96, an Act "to provide for the better administration of Justice in New South Wales
and Van Diemen's Land" (commonly called the New South Wales Act) in 1823. At that
time the penal origins of New South Wales was still very evident, with at least two-thirds
of its inhabitants being either persons under sentence, persons who had been pardoned,
or persons whose sentences had been remitted.1
The Act of 1823 made important changes in the judicial system, setting up the Supreme
Court and allowing trial by jury in certain cases. In addition, the Act made provision for
the separation of Van Diemen's Land (Tasmania from 1856), which took place in
December 1825. This was the first of many separations of territory from New South
Wales which were to take place during the nineteenth and twentieth centuries.
The Act also provided for a Legislative Council, which was to consist of five, six or seven
members appointed by the Governor. Five members were appointed under the first
warrant constituting and appointing the Council.
The Council first met on 25 August 1824, the members at that time being the Lieutenant
Governor, the Chief Justice, the Colonial Secretary, the Principal Surgeon and the
Surveyor General, with the Governor presiding and initiating business. Although the
Council was to advise the Governor it was given little power to check him: a proposed
law could only be considered if the Governor had proposed it, and he could pass it
against the will of the Council; in the case of rebellion the Governor could act if none of
the Council agreed with him. The main check on the Governor's powers was the limited
power of veto given to the Chief Justice, who was responsible for deciding if a proposed
ordinance was consistent or not with the laws of England.
On his arrival of Governor Darling in December 1825, Governor Darling brought with him
a new warrant brought which made a significant change in the composition of the
Legislative Council from five to seven members, four members still being Government
officials but the other three being private colonists (Robert Campbell, John Macarthur
and Charles Throsby).
The New South Wales Act of 1823 was only a temporary measure. It continued in force
until 25 July 1828, when the provisions of the Act were in some degree amended by a
new act, Imperial Act 9 Geo IV c.83. Although this Act was chiefly concerned with the
administration of justice, it included provisions which affected both the executive and
legislative aspects of government. The size and the powers of the Legislative Council
were increased. The veto of the Chief Justice was abolished, but the Governor could no
longer override the opinion of the members. However, as the 15 members were all
nominated by the Crown, and a majority (counting the Governor, who presided) were
1 Melbourne, A C V, Early Constitutional Development in Australia, (ed) R B Joyce, (University of
Queensland Press, St Lucia, 1963), p.102
State Records Authority of New South Wales
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