WEDNESDAY, NOVEMBER 8, 1843. - The Australian (Sydney, NSW : 1824 - 1848) - 9 Nov 1843 (original) (raw)

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Thu 9 Nov 1843 - The Australian (Sydney, NSW : 1824 - 1848)
Page 3 - WEDNESDAY, NOVEMBER 8, 1843.

WEDNESDAY, NOVEMBER 8, 1843.

Tho Council met at tho usual liour. -

The Speaker, on. taking the Chair, l-ead a

letter from the Colonial Secretary stating that

in consequence of tho resignation of Richard

Jones, ^sq.;ono of the non-elective Nominees, His j

Excellency had been pleased to nominate Rpbert

Lowe, Esq.,'Barrister-at-Law, to fill tho vacant

Mr. Lowe was then introduced by the Colonial ;

Secretary and tho Attorney General, and having

beon sworn, took his seat in the Council.

MESSAGE. FROM THE GOVERNOR. .

. His Excellency's Private Secretary handed to

tho Speaker the following Message from the

Message from His Exc'ollen,ey the Gqvornor, in

reply to an Address of the Legislative Council

of New South Wales, praying that a sum not

exceeding £1,480 may be placed on the Sup

plementary Estimates of the Expenditure, for

the present year, for the use of the Committeo

of Management of the Scots' -Church, in

Gentlemen,— I exceedingly rogret that, upon

a full consideration of all the circumstances

connected with the Scots' Church in Sydney, I;

doubt whether. I can recommend the appro

priation of any : further portion of the public

money to tho Trustees, or Committee of Ma

The ? claims of the Scots' Church have been

at different times very maturely considered by

the House, as well as by the Local Government,

also, by the' late Legislative Council; and the

remission of a debt of £520, due from the

Trustees to tho Government, was considered, so

lately as in the year 1841, to bo a final settle

ment of tho claims of tho Church on the Go

Government House, Nov. 8, 1843.

The Colonial Secretary moved that the1

Message just received be entered on the pro

ceedings of the Council. Carried.

BVPNEY ANU MELBOURNE CORPORATIONS. , , '. . :

Dr. Lang gave notice that he should movo

to-morrow for leave to bring in a Bill to extend'

certain powers of District Councils to tho

Corporations of tho City 'of Sydney and Town

of Melbourne respectively. . . '

Mr. Cowper presented a petition' from, the

inhabitants of tho Hunter Hi ver district, praying

for an establishment of a Bank founded on

Petition read and received.

Mr. Wentwoiitii gave notice that ;ho should

move to-morrow (this day) for leavo to bring in'

a Bill for the more easy and effectual recovery

DI8TRESS OF TllE T.AnOlUNO CLASSES.

Dr. Lang moved that tho petition for relief

to the laboring classes of Sydney, now suffering

great distress from want, of employment, bo

taken into consideration.

The petition having beon read, -

Dr. Lang observed that as tho petition, signed

by ho fewer than 4,300 persons, had been adopted

at a public meeting consisting ' of some of the

'most respectable inhabitants of tho City, it would

be needless for him to attempt to prove the

existence of distress from want of employment

amongst the industrious classes; ho would, how

ever, remark that, from his own observation, the.

actual condition of that class was far worse than

hon. members probably imagined. Ho knew of

many families of reputable character and indus

trious habits, who, from having been unable for

many months to get employment on any terms,

had been reduced to spend their former earnings

and savings, and oven to dispose of articles of

furniture and wearing apparel, and wero at

length reduced to the want of 'subsistence. It '

was useless to bo any longor sceptical on the

subject; tho distress of those people was' of a.

nature and extent unexampled in the Colony ;

he therefore joined with the petitioners in hoping

that the Government would, as a duty which

devolved upon them, not only sympathise with

thoir distress, but render them assistance to

alleviate it. At homo such appeals to the

Government had boon responded to with

that liberality which characterises the .British

nation. In 1837, during tho distress which

existed in tho Highlands and Isles of Scotland,

an appeal was made to tho English Government

for means to promote emigration; but as at that

timo there was a want of funds for the purposo

Lord Montcagle, then Mr. Spring Rice, gavo '

an order; on the British Treasury for i£10,000,

which example was followed up in other quarters;

so that in about twelvo months 18,000 emigrants

wero sent out of the country. It had been stated

by the Committee, to whom tho subject had

boon previously referrod, that .£'2,500 had al

ready been given towards tho employment of

distressed labourers and mechanics. With duo

deference to tho wisdom and charity of tlie

Executive, ho (Dr. L.) would, submit that snch

an answer the petitioners |had not a right to

expect. ?? It was a principle perfectly understood

in political economy that monopolists could

command any price they chose to fix on the

articlo thoy had for salo ; and he (Dr. L,) con

tended, that the Government being tho only

'parties who held hind for sale, and who were

consequently monopolists of that . article, had

taken the same means to get tho highest pos

sible price for that land, as any inorciuitile house,

who had bought up all tho tea, sugar, or other

commodity'iu the market, would have done to get

tho best prioo for such commodity. This mode of

procedure on the .part of the Government had

maddened tho public mind, and induced- a

species of infatuation, which had beon raised

to tho_ highest possible pitch of excite

mont, till it ended in a comploto land mania,

which seized on tho bulk of the people.

The Government had, in fact, killed the goose,

in order to obtain the golden egg, which they

had effected at the expense of many a lighter

goose, and the money so. obtained had been'

expended in a most reckless manner, in support

ing an unwise immigration.' ' He (Dr. L.) thero

foVe . thought the Government was not wholly

blameless. . The re-emigration to Valparaiso was

a great evil in the train. of consequences; not

only' on account of -tlio distress which, drove

many to have recourse thereto, but also becauso

it was to bo feared that their circumstances were

not much bettered by so doing. Another feature

in the aspect of affairs was tho fooling of ?hostility

which was arising among the unemployed towards

the higher classes, who, they conoeived, did not

bestow thaT consideration on their circumstances

whidh they ought to do. ? He (Dr. L.) had heard

of threats of helping thomselvcs to what thoy

could get, in : tho event of not finding employ

ment. Ho did not agree with the Petitioners

as ? to tho right they entertained of being pro

vided with constant employment, at the same

high rate of wages which had been held out to

them at home. It would be sufficient to answer

thereto, that if the favourable stato of things

which existed at that timo did not -continue,

thoy must submit to that change, in which, under

tho dispensation of Providence, all classes

woro more or less involved; still ho considered

that if thoy had not a claim to tho sympathy of

tho Government on that account, thoy still had up

claim to employment in thoir soveral handicrafts,

at such rates as the circumstances of tho colony

would allow. Amongst tho various measures

calculated to meet this wide-spreading distress,

ho (Dr. Lang) alluded to the experiment made

a-fow weeks ago by Mr. Boyd, who, rit his own

expense, sent a largo number of the labouring

ilasses to Twofold Bay- whore' thoy.shortly found

?mployment at remunerating wages ; and as he

Dr. L.) had ascertained that those who remained

voro willing to go- any, whero, provided thoy

vere furnished with'- the moans, ho thought the ?

Executive Svbuld ' do well t& follow up the

jxporiment, and by -that means get', rid of a

lopulationj both useloss and burthensomo whilst

;hoy remained in Sydney.' Ho would also sug

jest, but with diffidence, that any works for the

imblic service— such . as the erection of thp

Custom House, which had been, talked of — might

Jo undertaken, with a view of adopting every

practicable mode of accelerating £hat relief

prayed for by the petitioners ; and as tho hon.

ind learnod Member for Durham had a measuro

before tho Houso( for restoring public confidence,

lie (Dr. L.) would strongly recommend it to the

favorable consideration of the House, as .being

one in which the present subject was involved.

One of the remedies suggested by the petitioners

was tho removal of the convict population, but

ho (Dr. L.) did not think' that such a stop could

bo adopted with regard to those -in assigned

scrvico; and as the 'expense of thoso in tho

service of Govorhmont was paid but of the mili

tary chest, ho did not think the petitioners would

bo benefited by_ their removal. Ho howovor

trusted that something effective would bo adopted

to moot tho just' and strong claims of the peti

tioners. He (Dr. L.) concludes by moving that

a Select Committee 'bo appointed to take the

Petition into- consideration.

The Attorney Geneiial seconded tho motion. ;

The Colonial Secretary agreed with tho

lion, and rev. member as to tho necessity of somo

measures being adopted for the relief of: the

distress which prevailed amongst the labouring

classes, and gave his cordial assent to the

motion, but thought that tho . hon. and . rev.

member, had kept too much in .viejVjthe evidence

of tho Monotary Confusion,, Committee. Ho

also adverted to tho observatioi^pnado by tho

lion, and reV. membor relative 'to the Sales of

.Land and tho Bounty System ;' as' being un

founded' and uncalled for. He (tho Colonial

Secretary) admitted the claims of the classes in

distress, not only to the sympathy, but to tho

assistance, of Government; and .thought that

the plan of employing a sum of money in sending

-them into tho country Plight very properly bo

adopted. With regard to _the withdrawal of

prisoners, from assigned servico, ho did. not

think that.the Government would bo justified in

attempting it; and the removal of tho gangs

would not be beneficial, as thoy wore . employed

oh works which would not otherwise have been

undertaken. Ho concluded by observing that

if he diffored from the hon. and rev. member on

some points, he concurred with him generally

on the moans to be adopted ; and would support

Dr. Nicholson admitted that a largo sharo of

the reaction under which tho colony was labour

ing arose from tho circumstance of tho large

sums which had beon realized from land sales

having been placed in the Banks and suddenly

withdrawn; but there were 'other causes, such

as the discontinuation of transportation, and the

consequent cessation of the expenditure 'con

nected therewith ; the reduced price of wool,

and so forth ; and as these causes had affected all

classes, lie (Dr. N.) could not conceive that any

individual means could be adopted for tho per

manent relief of the labouring classes, till the

higher branches were placed in more prosperous

circumstances. He then reverted to the pro

priety of sending the unemployed into the in

terior as suggested, as it was. quite useless to

expect to find employment for them in Sydney.

A Select Committee was then appointed, con

sisting pt tho folio wing .members :— Mr. Cowper,

Dr. Nicholson, Captain ' Dumaresq, Mr. Wont

worth, the Colonial Secretary, -Dr. Lang, and

POLICE MAGISTRATE AT ILLA.WATWA.

Mr. TnuRRY prcsonted a Petition from tho

inhabitants of- Illawarra, praying- against the

abolition of the office of Polioe Magistrate in

Petition rend and received, and to be con-

Mr. Elwin - obtained leave to postpone the

consideration of the.Rogistr'y Bill till to-morrow

(this day), as the Bill had only been printed and

distributed that morning.

. ... ? SA'viNas' uanic niLL? '?'

Mr. Elwin, in moving that the House should

resolve itself .into Committee fair the considera

tion of the Savings' Bank Bill, said that he con

sidered thesuhject to be one of greatimportanco.

The Report would show how far' the' institution

in' this country differed from thoso in Europe.

-Ho was anxious that every person connected

with tho Savings' Bank should bo made fully

acquainted with the regulations of that which

was established in this colony. He then read the

Report of the Committeo, which showed that

although the depositors could not at a moment's

notice withdraw the whole amount of their

deposits, still that amount was secured to them,

in a satisfactory inannor.

The House then went into Committeo for the

consideration of tho Savings' Bank Bill, entitled

'A Bill to amend the laws .relating to the

Savings' Banks of Now South Wales and Port

The first six clauses were read, and with a

slight verbal alteration in the second,, adopted. .

Considerable discussion ensued as to the pro

visions of the so vonth clause. .The Colonial Secre

tary adverting to tho inconvenience which had

been felt from the circumstance p'f tho Savings

Bank having ' hitherto discounted commercial

bills — a practice that had arisen- from the diffi

culty of otherwise profitably investing the funds

of tho depositors. It was at length agreed that

tho' power of discounting bills and promissory

notes should be withdrawn, and. that two-thirds

of the funds of tho Bnnk should bo placed at

interest in tho, Colonial Banks.

Tho'.oighth*clauso having been- carried, and

the ninth, which' provides that any matter in

dispute bo referred to arbitration, having. been

Mr. Windkyer objected to tho foe of one

guinea, which it provided should bo given to

the barrister who might be selected as umpire.

Tho hon. and learned member, on the part of

the profession, deprecated so insulting a propo

sition, and declared that Cobbctt. himself could

not have proposed anything more affronting.

It was a proposition of somo person who must

have a very poor opinion of tho - public spirit of

the bar. He (Mr. W.). felt assured that no

barrister would decline to give his gratuitous

services at any time in ; so good a cause as that

of the Institution whose interests the Committee

wore then considering. (Hear.)' .' '

' Mr. Foster thought tho provision that a bar

rister should be appointed umpiro might' bo ex

punged, because m tho present depressed, times

it was not fair for the Bar to retain ull the good

things at tho disposal of the House. Although

the fee of a guinea might be considered uii

?worthy the acceptance of a barrister, many

persons would rush for it. '-

Tho Attorney General ai-proved of both of

the suggestions of his hon. and learned friends.

Ho was nappy to say, that although the colony

boasted two crown lawyers, it had no half-crown

lawyers. (Laughter.) He paid a warm tribute

to tho spirit and generosity of. the profession,

and would vote for tho oxpunging of that part

of the clause awarding a guinea fee to a bar

rister for acting as umpire in disputed cases.

- The other clauses of the Bill having been,

agreed to, the House resumed, and the Chair

man having reported the Bill with amendments,

it was ordered to be engrossed and to be read a

third time on Friday next. ; ' .

PITIILICANB 1.ICKN81NU ACT AMENDMENT RILL.

.Tho Colonial Secretary moved tho second

reading of this 'Bill, after which' the House went

into Committee thereupon.

The Colonial Secretary, 'in moving Ilio

first clause,' adverted to tho expediency of en

couraging by every legitimate means tho

Manufactures of the Colony, and explained that

tho Bill before, the Committeo had for its object

the exempting from tho operation of tho existing

Licensing Act, the making of wine from colonial

grapes, and disposing thereof in quantities of not

After somo trifling amendments, with refer

once to defining the jurisdiction of Magistrates,

who might bo wine-growers, in coses which

might be brought before them under the

Licensing Act, the House -resumed, and the

Chairman having reported, tho Bill, with tho

amendments, it was ordered to he engrossed

and to be read a third .time on Tuesday next.

The further consideration of the Estimates

was postponed until to-morrow (this day.) , '

FRIENDLY ROOIET1EH IUI.I,.

Tho Houbo (on the motion of Mr. Wontwoctli)

went into Committee on the Friendly Societies

Bill. The first clause of which having boon read

by tho ' Chairman, it was discoverecT that there

wore not twelve members present.

The House therefore adjourned at half-past

eight o'clock, until three 'o'clock this day.

menty- and that the horse was *not worth more,

Verdict for the plaintiff; £18.

Walsh.V Bent,— This was an action on a pro -

missory note for £25 Is. on demand. The plea

of being an infant was put in, but defendant not

appearing a verdict was given, bearing 12 per

cent.- 1 interest 'from' the time of demand, which

demand was to he considered from the commence

The the course of the day several undefended

and short causes of no importance were dis-

The Court adjourned at five o'clock.