n to
their powers of mind or the justness of the opinions they advocate."
"There is an essentially democratic spirit, which actuates a large mass
of the community; and it is with a view to check the development of this
spirit that I would suggest the formation of an upper chamber." Sir
William Denison suggested that bishops might be members of an upper
house, and certain _ex officio_ representatives of government; the rest,
whether nominated by the crown or elected by the people, to hold their
seats for life.[251]
By a despatch to Sir Charles Fitz Roy, Earl Grey expounded a new
constitutional system for the colonies. It was zealously opposed in New
South Wales. The people complained that the change in the constitution
without their consent was an infringement of their vested rights, and
disrespectful to their legislature. They objected strongly to a plan
which made the district councils the electors of the assembly. They
repudiated the statement that their legislature had absorbed all the
powers of "the colonial state," and the checks and balance contemplated
by the original constitutional act. These views were sustained by the
legislature itself. The idea of two chambers was approved by the
majority, but most elected members were against it.
The plans of Earl Grey and the correspondence and petitions they
produced were referred to the committee of the Privy Council, and the
report adopted recognised all the great principles of British government
except the full control of the expenditure (1849). This able paper
recommended legislative councils for all colonies capable of supporting
a civil list, one third nominees, and the remainder chosen by the
people. The division of the legislature into separate chambers it
resigned to the judgment of the colonies. It suggested a federal
assembly for the general interest of the Australias, having its action
closely defined. The "House of Delegates," to consist of not less than
twenty nor more than thirty, were distributed--to each colony two, and
one additional for every fifteen-thousand souls. This plan of government
was differently regarded in different colonies. The elder condemned its
restrictions: the younger rejoiced in the prospect of new franchises,
and trusted to time to enlarge their liberties. The general opinion of
intelligent men was favorable to the division of the legislature, but
the colonies were not capable of supplying the elements of nobility.
Some aspiring
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