§ SIR W. MOLESWORTHsaid, he had given notice of his intention to put a question to the hon. Under Secretary of State for the Colonies with regard to the government of Western Australia, but as it referred, in some degree, to a matter of law, he would put it to the hon. and learned Attorney General. He wished to know whether at the present moment there was any legal form of civil government existing in the colony of Western Australia, and if so by virtue of what law, and under what authority such form of government was constituted? He would, with the permission of the House, explain in a few words the meaning of his question. In the year 1825 certain persons formed a settlement in that colony—they did so with the consent of the Crown, according to the reports of the Committee of Privy Council on such settlement. The Royal prerogative could constitute that form of civil government only in which a legislature formed in part of the representatives of the people should be a component part; and to dispense with this form of government an Act of the Legislature was necessary. In 1829, accordingly, an Act to make temporary provision for the government of that colony was passed, and under that Act the Crown was empowered to appoint certain persons to make laws and regulations for the administration and government of the colony. The powers of that Act of 1829 were continued by subsequent Acts, passed from time to time, down to December, 1848, and to the end of the then next Session of Parliament. That Act not having been renewed, expired on the 1st of August, last year, and the powers of the Legislature, established under that Act, had likewise expired; and if the persons composing that legislature had, since the 1st of August, 1849, passed any laws or ordinances—for instance, as the appropriating of any public money—such laws or ordinances would be illegal, as would, of course, all acts done under any of them. What he wished to ask was, first, whether the Act in question had been intentionally permitted to expire or not; and if intentionally, 136 whether the persons who were now governing Western Australia had been told that their powers would expire on the 1st of August; and if not, whether any measure would be introduced by the Government during the present Session to indemnify them for any illegal acts they might have committed in acting in the civil government of the colony after the expiration of their legal powers. Also whether any provision had been made for the civil government of Western Australia for the future, and, if so, what was the nature of such provision, and under what law and by what authority had it been made—whether, under an Order in Council, representative institutions had been given to the colony?
The ATTORNEY GENERALobserved, that the hon. Baronet had excused himself for not putting the question to his hon. Friend the Under Secretary for the Colonies, on the ground that it referred to a matter of law, but he had gone on to put a series of questions connected with the government of the colony of which he (the Attorney General) could know nothing. He would simply, therefore, confine himself to answering the legal point. Unquestionably the Act of Parliament, 10 George IV., c. 22, expired at the end of the last Session; but notwithstanding that—and whether it expired intentionally or unintentionally, as he was not cognisant of the intentions of the Government on the subject, he could not say—but, notwithstanding such expiry, there was still a legal government existing in the colony of Western Australia, because that Act gave authority to the Government of this country, by an order of the Sovereign in Council, to constitute a government from time to time. Under that power the present government of the colony had been formed and continued, the Crown having no power to alter the form of government without the assent of Parliament; but having constituted a government under the authority he had stated, that government still existed in Western Australia.
§ MR. ADDERLEYDo the powers given the government of Western Australia under that authority include the powers of taxation
The ATTORNEY GENERALIf the hon. Gentleman had given me notice of his intention, I might possibly have been able to answer him more satisfactorily; but according to the best of my recollection, the authority vested in the Crown by the 10th 137 George IV. c. 22, was to provide for the peace, order, and good government of the colony; and it has always been held that taxing is a part of good government.