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.