§ SIR F. THESIGERsaid, that a few days ago the hon. and learned Gentleman the Attorney General, in reply to a ques- 317 tion as to the government of Western Australia, had contended that, notwithstanding the expiration of the Act of Parliament, power still remained to make laws for the peace, order, and good government of the colony. The hon. and learned Gentleman had then rather humorously added, that taxation was generally admitted to be one of the essentials of good government. He (Sir F. Thesiger) now wished to ask the hon. and learned Gentleman whether that was an opinion formed after careful consideration, or whether it was an off-hand answer to an unexpected question; and also whether his hon. and learned Friend adhered to the opinion he had expressed?
The ATTORNEY GENERALsaid, it was not his habit to give opinions by which he was not prepared to abide. What he had said was, that the 10th Geo. IV. gave powers to the King or Queen to constitute a Council, and that Council had the power to make such laws as were necessary for order and good government. He stated his opinion to be that taxation was a part of good government, and that the council, notwithstanding the Act had expired, had still the power to pass laws for the good government of the colony.
§ SIR F. THESIGERbelieved that the question asked of his hon. and learned Friend was, whether the existing body had power to make future laws after the expiration of the Act?
The ATTORNEY GENERALsaid, that what he had formerly observed was that the Act had expired, but the Council continued in force.
SIR W. MOLE S WORTHsaid, that the question, as put by the hon. and learned Gentleman the Attorney General was not as he had framed it. He had asked whether the council, after the expiration of the Act, had power to make laws, and whether those laws were legal or illegal; and he had especially asked, if they had made laws as to the application of public money, whether an indemnity would be necessary. The hon. and learned Gentleman had then proceeded to answer these questions in an off-hand manner.
The ATTORNEY GENERALdenied that his manner had been off-hand. He had answered the question before, and he would answer it again in his opinion—and he was prepared to abide by his opinion—it might be wrong, and certainly if he differed with the hon. and learned Member for Abingdon, of course it was wrong—in his opinion, the Act of Parliament having expired, and the Crown having the power 318 to create a Council, and that power having been exercised, the Council still continued to exist, and would exist, until revoked by the same power of the Crown.
§ SIR W. MOLESWORTHhad asked—had that Council, since the 1st of August last, the power to make any laws? That was his question.
§ SIR F. THESIGERsaid, perhaps the hon. and learned Gentleman would also answer to-morrow whether the Council had the power to tax the colony?
The ATTORNEY GENERALCertainly; or any other question that the hon. and learned Gentleman would propose to him.
§ Subject dropped.