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had deemed it proper that the decision should have all the weight which the concurrent opinions of the Judges and of their Lordships could give it. He moved that the judgment should be given for the plaintiff in error. Lord Brougham and Lord Campbell severally expressed their concurrence with the motion of the noble and learned Lord. Judgment was consequently given for the plaintiff
LEGISLATIVE COUNCIL. TUESDAY, AUGUST 12.
The Attorney-General informed the Council that the sub-Committee on the Savings Bank Bill was not prepared to bring up the report, and requested farther time, which was granted,
(THE FRIEND OF CHINA AND HONGKONG GAZETTE,
FRIDAT, AUGUST 15, The Council went into committee on the Light ing and Paving Act. ›
PUBLIC MEETING TO RESIST TAXATION.
n
On Saturday, a highly respectable and intelligent meeting was held at Mr. Mexgar's Hotel, to take. into consideration the best plan of opposing the wholesale taxation with which the Colony is threatened, but confined, in the present instance, the Road Act.
pOn the motion of Mr. Haller, seconded by Mr. Thomas Macdowell, Mr. Pitcairn was called to the chair, and having explained the preliminary nature of the proceedings, the business of the meeting commenced.
to the support of prison discipline, as at present debts, and other effects (except the working tools carried on ? He (the Comptroller-General) could of a mechanic, the books of a surdant or man of not think so. That this Bill could aid the colonial | reading, and the wearing clothes of any person), revenue was a falsehood, he (the Comptroller-shall in the most ready manner be subject to the Mr Gregson rose to move an amendment, name Generaly meant nothing personal, but that was his just and equal satisfaction of debts: but the person ly, that the Bill be read that day six months. opinion: the health and comfort of the people re- of a free man shall not in any sort be liable to ar- Whether the Bill passed or nut and he thought it quired the Act the trade and commerce of the rests, imprisonment, or other restraints whatsoever, would passhe should move that it bo read that Part would be greatly benefitted by a plentiful and for or by reason of debt, unless there shall be fraud day six months, in order to determine the principle reatable supply of water to the shipping, for first proved upon him.---Ibid. of no taxation without representation. Under the which this Act expressly provided. The hon. circumstances of the case, any further desousssion member now came to the scheme of prison disci. must be deferred until the estimates were on the pline, which seemed to hang so clusely round the table. The revenue was to be swelled out some neck of the hon. member opposite, and really, in £40,000 of £50,000, to carry on a sort of steam his consideration of this matter, he thought that system of penal science which the Government had Lord Stanley had been most unjustly and very ill. heen ordered by Lord Stanley to carry out 5 but if The Attorney-General then moved the second Lord Stanley was thus determined to establish such treated; for the noble lord was in ignorance of thany things connected with this subject. Refer reading of the Paving and Lighting Act as the system, let him pay for it-the colonists had ing to the tax proposed upon wool-growers, the He (Mr Gregson) hon, member repudised any restrictions upon the Act at present stood, it did not comprize all that clearly no right to do so.
would defy any man living to controvert this po-agriculturists, as they were the main stay and prop was intended it should comprize. It was now intended that the Supply of Water to the Townsition; and he now called on hon. members, on of the colony. He advocated, with Capt. Fenton, should be provided for by this Bill, and that the their oath, to state whether the colony should be a reciprocity of duties, and denied that the "new Commissioners should have the power of levying farther taxed by the introduction of direct, tangible scheme" of prison discipline had plunged the colo-
in such a manner as to provide a plentiful specific taxation. If the Police expenditure was my in debt; on the contrary, the Police Expendi supply to the inhibitants at cheap rate, and by an defrayed by the home Government, there would be ture had been reduced frem £50,000 to €20,000, Mr J. P. Rowe, in a brief but emphatic speech, easy method; the markets, also, were to be handed such a surplus in the Treasury that the Govern- and he contended, that, if the people had expences which he prefaced by saying he had but a short over to the Commissioners, as well as the Market ment would not know what to do with it any to pay, they received a corresponding benefit. time to spare, and that he did not mean to propose Due
at present amounting to about £600 per an rate, the paving. lighting, watering, fo, of the Cupt. Fenton argued, that the people ought to cleat any resolution, observed, that he gathered from the num. The expense of lighting the town was, now, town would be amply provided for. There was all the Commissioners, in order to carry out a Chairman, that they were met together to opposu, £600 a year, so that by this arrangement there one mode of taxation, perhaps, which would meet proper plan of local taxation for purely local para certain act, namely, the Road Act; why not to would be a surplus of £200 for this purpose from with the general approbation of the colonists, and poses. He maintained, in his accustomed manner oppose every act which imposed taxation? Why the Market Dues. The Bill was most urgently that was a tax npon wool growers and upon shop that the colonists ought not to be taxed for convict not the Paving and Lighting Act, and all other un required, for it was no longer in the power of the keepers. There would be some sense and reason purposes, and admitted that, if the Governor had constitutional acts? This was not the time, neither Government to keep the streets in repair, or to in that; but there was something mean and pitiful been left to his own discretion, this discussion was it the place, to show that this Colony was light the town, or supply it with water; and if the in taxing the poor cabmen, water-men, and other would never have occurred. If the Colonial Funds already taxed more heavily than any other British Bill was not passed, the towns would be in a most similarly situated. The hon. member, in conclu were properly. applied, there would be no need of possession-than Canada, New South Wales, New miserable plight. The hon. and learned member sion, said he should always rosist taxation to sup this Bill, and he (Captain Fenton) called upon the Zealand, &c. &e. The object of the present then referred to the preamble of the Bill, which he port a system to which the whole colony was in Council to oppose Lord Stanley, who, however, meeting was to oppose an unjust and extensive said was most easily comprehended, and if the pre-equivocally opposed. He then moved his amend was a "good sort of fellow," but whose measures taxation, but not to oppose the Government: their sent measure was rejected, he hesitated not to say, meat, observing that he proferred this course as
were bad, and injurious to the colony. The hon. opposition was to certain unconstitutional measures, that in less than two years there would be a loud the most fair and legitimate.
member then adverted to the question of usury, and they had assembled together in a constitutional clamour for some such enactment. The principle
and called upon the Council to protect the agri- manner, availing themselves of their prerogative, of the Bill was to invest in the hands of the people
culturalists, and then they would protect all classes, to prevent, if possible, the evils with which they the whole control and management of the funds to
He (Captain Fenton) should support the amend were threatened Clearly, the first step was to Peti be collected and appropriated under the Act, which
ment
tion; but the decidedly objected to petition the En conferred upon the public, without the form, nearly
cal Government; it was perfectly absurd to peli- "all the benefits of a Corporation. It was proposed
tion an unrecognised body--such as our Legisla to divide the Town into five Wards, with three
five Council, which was, indeed, but a complete Commissioners to each Ward, and a Chief Com-
mockery. If they petitioned at all, let them peri- tion the Queen and both Houses of Parliament, missioner, to be elected by the Governor and for this reason that the Act could not be put in mo-
and let them point out and remonstrate against the tion without such an arrangement. This he knew
monstrous illegality of this intended taxation- had been objected to-but for what reason? It
(hear)-an intention which woull not only be mis- was necessary that the Bill should have a mainspr-
chievous in effect, but was most unconstitutional ing, by which it could be started, and there was
in principle.
No man had a right to part with his no other means of supplying this but in the man-
property, without his own consent; and, according ner proposed.
to British law and British ju tice, there could be no Taxation without Representation. The Govern ment being composed of Crown nominees, there was, at once, an usurpation of power :—the Go- verament was all on one side-but was that the side of the people 1 (lear) And as to the Le- gislative body, that was based upon a mockery al- together, by which the people were completely ex- cluded from any share in the enactment of the Crown laws and ordinances. Mr Rowe now pro- ceeded to show, that all this proposed taxation was not for the objects avowed in the preambles of the several Acts, but, in point of fact, for the purpose of paying the exorbitant salaries of highly paid G vernment officers, for whose support a large debt had been contracted, which the public were called upon to pay. Above all, and beyond all, he con- jured them not to recognise the Acts, by proceed- ing to elect Commissioners, in accordance with their provisions; he begged to suggest the election of a few gentlemen, as a working committee, who should resolve to labour with unanimity of purpose for the attainment of the desired end. They had met there for no improper or illegal purpose, but to protect their rights and privileges as British sub. jects, and by perseverance and zeal, they must eventually succeed,
MaDry, in a very neat address, contended that even if the Bill was a boon to the people, and they did not wish for it, the Council ought not to force it upon them. He (Mr Dry) should therefore op. pose it.
The Colonial Secretary said, that having heard from the hon. member that this was not a money question, yet in his opinion it was time that some thing should be done by the people themselves; and the hon. member proceeded to point out that the present Bill was calculated to enable them to do so. The Government had done all it could; it had given the people pumps, and water, and con tributed in every way to the introduction of self- government. The hon. member then adverted to what the Government had done for the people by means of convict labour. mentioning the various roads which had been made, and intimated his in tention to vote for the Bill
The Governor would say a few words in reply to what had fallen from the hun member opposite he (Mr. Gregson) opposed the Bill "on principle," because the colony, as he asserts, pays the expen- ces of the police and gaols: waiving any discus sion upon this subject, and also as to whether this is a tax cr not, he (the Governor) thought it was not a tax-he would advert to the supplying of the town with pure water, which was provided for by the Bill at a charge less by two-thirds than what the inhabitants at present paid for it. Surely a low price for a common necessary of life could not be called a tax: admitting, however, that it was a tax upon what fair and reasonable grounds could the hon. member oppose it? He says, indecil, that the colonists are treated unjustly, and that they are The Attorney-General now defended the Bill called upon to pay what they ought not to pay; against any objection which might be advanced, and for this he will impede the Government-for as a measure of taxation: -taxation it could not be, this he will oppose the affairs of the Government: as it relieved the colony of a certain expenditure, he would ask that gentleman whether his conduct while all the money that might be raised by it was was consistent with true loyalty and patriotism? for purposes purely and distinctly local Where, In the worst times of Radicalism at home, it had then, was the "taxation ?" The hon. and learned been threatened to stop the supplies, but the threat member explained, at some length, the nature and
was never carried out. His Excellency here re- Mr Gregson now rose and said, "This ought to objects of the Bill, which, he said, very much re-ferred to that part of the petition which protested be a deliberative assembly, the member of which sembled a Sydney Bill which was passed before the against the payment of the police charges, but come here, or ought to come here, without passion, stitution of an Elective Council, and he strongly which expressed a willingness on the part of the without prejudice, without feeling. I think that contended that the Bill should be adopted. petitioners towards her Majesty's pleasure on the the expressions which have fallen from your Ex
subject: to this petition his Excellency observed cellency, and from the officers of your Excelon that Mr Gregson's name was attached, and the cy's Government, are not calculated to sustain the same vessel, which took home the petition, would proper character of this--a deliberative and serious carry also the hon. member's speech. How was assembly. I can scarcely think that either your that? What would her Majesty say? What do? Excellency or the Colonial Secretary could have How would the Queen regard the proposal of the used stronger language than has been used. I do last step-that of stopping the supplies? His Ex-not say that it was meant to be offensive to the cellency felt assured that the hon. member gave members on this side of the table, but, if such lan- him every credit for sincerity of purpose, when he gunge had been applied to persons of a sensitive (the Governor) stated that he was anxions-most disposition, they must have felt, in all its power, anxious-to advance the interests of the colony to the full weight of such imputations upon their in. the best of his ability, even by personal sacrifice yalty and patriotism. 1, Sir, feeling a good deal or otherwise; but he would ask the Council whe-of this, shall refrain from saying all that 1 might The Attorney-General rose to oppose the amend ther it was in his power to grant impossibilities? say upon this important subject; and then, Sir, as ment, because he foresaw, that if the principle pro- As to the "principle" upon which the hon. gende to the petition, which you say I signed, I say, now Mr. F. A. Downing differed from Mr Rowe, as pounded by the hon. member opposite was adopted, man acted, he had, on a recent occasion, support that I signed no such petition; and, if I did not, to binding themselves to any systematic opposition. the Government could not be carried on at all. Ifed that principle by a silent vote. Had this honSir, then your Excellency's observations fall to the to the proposed measures; he understood that the that was the case, he wished the hon, member, and gentleman said, boldly and unequivocally, I mean ground. Such observations as I make upon pu- object of the present meeting was to obtain the those who supported him, all possible joy of their to stop the supplies, his Excellency could have une blic matters I make in this Council, and without sense of the town, respecting the intended Acts..
i Mr W. Carter considered the present proceeding position. If the principle was to be adopted, it derstood him. How another hon. member (Mr any intention of disavowing them elsewhere; would apply to every item in the Estimates. Were Kermode, as we understood) could vote against the am not ashamed to do so. I believe I have receiv-premature: there was no act yet publisher, but the hon. members opposite prepared to clog the Bill, Excellency did not know, as he had it, undered a sufficient education to enable mo to speak wheels of Government He (the Attorney-Ge- his own hand, that he was willing to promote local neral) called upon the Council most seriously to advantages by local expenditure His Excellency pause before they passed the amendment. The hoped the motion for the second reading would amendment was then put, and the votes being equal, pass, in order that the several provisions of the the Governor said, he would not vote, but would Bill should be well and duly considered. give his casting vote against it: the amendment was accordingly lost.
Mr Gregson rose to oppose the Bill, and to move, as an amendment, that it be read that day six months, and upon the simple ground, which be would never abandon, that the people of this colony ought not, in any shape or manner, to be taxed, so long as they contributed to Imperial purposes A petition against this obnoxious principle had been signed by between 4000 and 5000 of the in habitants of Hobart Town, and he (Mr Gregson) could not conceive why the colonists should he called upon to defray the expenses of a system which they so cordially condemned.
Mr Dunn second the motion.
The Council then went into committee on the Bill, and with the consideration of the clauses; but ne the Attorney-Generl proposed to introduce cer- tain new matter into the Bill, chiefly with respect to slaughter-houses, and the supplying of the town with water, the discussion on the motion of Mr Gregson was adjourned, not only on this account, as the Attorney-Geneal was bound to give notice, at least one day, of any new matter, but in conse- quence also of the absence of Mr O'Connor, who had not yet taken his seat in the Council."
Although we have thus briefly reported the re- | sult of the sitting on Tuesday, some discussion warin and earnest ensued in the meantime, ir Fenton ohjecicd to the Bill, on the ground that the principle of introducing taxation, in way shape, war wrong; in fact, here, unconstitutional, on the colonists had no representation. Upon this point the hon. member argued in his usual manner, and arowed his determination to oppose the Bill, earnestly can- tending that the proposed measure was not an en- actment for local purpose, in accordance with the Huskisson Act. Then came on an allusion to the absence of Mr O'Connot, when Capt. Forster tore and said, that Mr O'Connor was on his way to Hobart Town
Mr Gregson then rose to more an adjournment of the delte, inasmuch as the question was mast important, and that the Attorney-Generał wws of liged to give, at least, one day's notice of any new matter to be introduced into the Bill: this novice had not been given, and an adjournment was inest7- table. Hot and bitter were the words which fell from the hon. renter's mouth, decencing the introductica of taxation in unqualified tms, and calling open the Council to reject the Bill Even tually the discussion on the second reading was
djourned to Friday.
ABOLITION OF IMPRISONMENT FOR
DEBT.
|
merely the draft of one. Flis Excellency wished for the opinion of the people, and was prepared to alter the Act in conformity to that opinion the draft was now in the hands of the public.
Me T. Macdowell, after a few obseruations upon. the information communicated to the meeting by Mr Carter, relative to the good intentions of his Excellency, proceeded to oppose the Bills with much humour and animation. There could be no Taxation without Representation-not a bit of it! There should be no set of men appointed to guttle ont the Corporation Fees; neither should persons have one face for the public, and another for Go- verament House.
31: Magiowell now illustrated.
the corruptions of Corporations, by a reference to that of Dublin, at the feasts" of which the most lavish extravagance was exhibited; and it was to prevent the occurrence of such proceedings, hore, that the present meeting had been convened. He maintained, that Turnpikes were nos wanted, "and that the traffic of the Colony would not even pays. the expence of keeping them, besides, if tolls were established, water carriage would be more extensi
half a dozen consecutive sentences grammatically, and I shall ever endeavour to do my duty in this Couned to the best of my power and abilities. Mr Gregson here went on to disabuse his Excellen- cy's mind as to his disloyalty,-contending that Mr Kermode explained; he did not see any he was as firm and faithful a supporter of the Goy- reason why the Bill should be forced upon the peoernment as ang person; but that was no reason ple to support the revenue. The Governor had why he should not oppose a measure that was cat- said, he did not want to raise a revenue by the culated to bring the Cavernment into contempt Act; the better plan would be, to move that the The hon. member emphatically, and with mach Bill be withdraw for a year, on the ground that the warmth, denied any intention to stop the supplies; colony was pretty well taxed already, and that the he had no such intention, and scorned any idea of colony complained of this and out without reason; so doing: he merely asked for the reading of this let the colony first get rid of the bunken of the present Bill on this day six months, and concluded Police expenditure, before the Council could ap-a very animated and rather outré address by more prove of any system of taxation.
ing his amendment, which was carried by a ma- A somewhat desultory conversation here took jority of eight to six-Ibid. place, in' which Captain Swanston, (who read his speech) the Governor, and Mr Dunn took a pari, the latter hon, gentleman opposing the Bill, on the principle that the Colony ought of to
the con- pay vinet purposes. Mr Dunn ako contended that the The British and Colonial press has been united, public did not want the boon thus proffered to them in awarding to the Legislative Council of Newly used. He strongly contended for the reduction by the Bill
South Wales the merit of being the first Legislature of the official taries, and exposed the manner in The Comptroller General did not mean to end in the British dominings which has had the forti which the several licenses were about to be nug- lighten the Conseil, but he contented, in answer tude to wipe away from the matte-b.ok that most wanted. He then contrasted the expense of the to what had been so often asserted about the "prin- moxcrops legacy of the barbaroars agen-impri- | Government of South Australia with that of this ciple" of the Bill, that the scheme of Lord Stanley stunt for debt. In these commendations we colony, and said that £100,000 was quite saf- had nothing to do with the colonial expenditures most beartily join; injal, we consider the fact of Scient for this colony. The speaker them conciul- The diference between the Band Act and the pre-his baring been the member at whose more imel fús speech by exposing the impropriety of high- seal tessure was this-that the Bill now under mediate instance, this simirable step was taken, salaried officials employing contables as their pel- consideration gave the whole control of its work, the brightest feather in Mr Lowe's cap; but, how vate servante ing, as well as the distribution of the fooda raised ever beartily we approve of this meanze, we can. After some remarks from Mr B. O. Wilson and by it, to the people, with very great pecuniary and not allow it to be astomed that the Legibtise Mr Allport, the following Committee were appointe to boot Speaking as a citizen, be advocated the Council of New South Wales was the first to lend nd to prepare the necessary petition, to be consi Bill, and be begged to my, that all the parristians to the matter, for it is a highly interesting fact, the deed at a great public meeting, to be held at the was not as the other side of the table. The scheme to long ago as the your 1000 the same stop was Theatre on Thursday neat Allpont, Chapman, proposed by the Government was meat liberal, for when, and on precisely the sauce principles, by the Downing, Elliston, A. Vess, Haller, Tony, H. it enabled the public to manage their can matters then Parliament of New Caledoni, better known, Lexie T. Mcdowell, Bitmirs, and BOSWL in the best manner they could. The Act me not probably to our readers as the liftet Scotch co-won, with power to add to their sumber, földe introduced with any view to add to the certnce of long on the istmes of Derien. The Ellowing, the colony; for, in point of feet a greater revesurteing No 27, of the Rains of Ornames for the would neerge if it did not pars (Fear hear.) good goverment of the cobay, promultert by Could the hon. menter (Mr. Gregson) 400w in the cutouts! Parliament, was the hw which alplinte what insener this Act was calculand to contritate jet imprisonteen fur ded-- All beds, goods,
Laird, Frinted out. Published by Jossy Caan, At The Friend of China and Homny kony Gazete, Printing Office, Cruzen's Road
Verona, Doxosong, 1814,
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