!::~~================== =::::================~~~----: shou\d be m!!.de dependent on the sanction 11treets; and if al!ly serious disturbance were bed 110t bQenentirely what it ought to hue bee

f th E tl d th t ll t r threatening we se h t and a. commt~slon;was sent down; wtth ver 11• o e x:ecu ve, an a a repor s o , e no reason w y on £ent mstruct10us, to inquire into the who{e lit~. commissions availing themselves of the thousand respectable citizens should not •nd to. bring the oft'enders, of whatever d • powers given by this act should be laid be available at a moment's notice, all !¥~t.!'t!:~~~·l!':~t'~~f%!0~~~~j.a~~::!~~ Wl'thin a certain period before that Houss. banded together by one bond of union, Jnltsbsed,wilthe sergeant-major was also oismissed t~ rc er l be placed under punishment and the With these amendments, the bill W.J.~ and sworn, under all possible contin. be d~smiseed),andtbecoronerwas most severel11

i d ll - r•rpmanded for some injudicious expression~ reported to the House. gene es, an at a events, to preserve wL1cbbe had made use of. Now, Mr. Speaker and

Replies to addresses to the Lieutenant. the peace. Such a force would f~:~~~~na.~~~e:~!::~ni~~oa!e;h~bi~~e::.atbat Governor were announced by the Speaker. be absolutely overwhelming; and it ts "'!111»1! to listen. to the voice of the peot>le. un • . The Commiss1on returned, the milltar wer

'!'he Commissioner of Insolvent Estates the bost policy to make it so at once, as "'11 hdrawn, and there was every probable f e 9

B ill WlS fmther considered in committee, the fact of its extreme strength would ence of order and tranquillity at those dlf,gn':,!'; "Len suddenly we found it neceesary to sen;t and, out, of respect to the opinions of the be the best gu"-rantee that it would never dt\\n an overwhelmi.ng force, in comequenoeor ""' the reports we rece1ved from Ballaarat. Tha Western Dist1ict members,. a resident actually be required at all. Enlisting the Camp was threatened, and reports re11ched us that C · · ~: th G 1 c· · h tl.e_ t;amp was not safe an hour, and then the time

omm1sswner 10r e ee ong trclllt sympat ies of all good colonists, and amved.when it became abeoluttly neceEsnry that Court District wa.s appointed by the bill. escaping any preiudices with which unfor. E~I?e Vigorous steps should be tuken, and a de • o~.ve blow be struck. With reg•rd to the opinio~

In committee on the ·Municipal Author. tun ate occurrences may h~ve surrounded "· lCh I formed of the manner in which the autho llli•s acteo, I shall allow my own de<patchell t •

ities Establishment Bill, the Attorney. police, or troopers, or military, the moral sr-• ak for themselves. G

Gencul proposed to insert a clause, making force of such a band of peace-preservers I ,1~:t~0~~c~!~'lr~~~atches were tben re~d by the any portion of a municipality which might would be immense, and they would act to s· I 5th December 185t 1r,- ali! commanded by the Licutena;.t. be severed from the rest Hable for their a certain extent as mediators between the <?ovemor to 1nt~rm you, that he has perused our

< espat~h.dated 3rd December, 18M to the d'hi f share of any debt due by the original extreme parties who may, without such , UmmlbBloner ofGold-l!elds ' e municipality. This induced a lengthy dis mediation, still come into unhappy col,. Since the period when His'Excellency deemed ft :r ecessary to strengthen the military detachment cussion, Mr. O'Shanassy and Mr. F tl.Wlmsr lision. 'lip to tile pre•e~;~t moment, His Excellency has h~d

I 'll h b l h every reason to be s•tislied with the conduct of pointing out the manifest injustice t WI per aps e urgec t at there is 8r~3~~i~:.and men belonging to the Ballaarat that such a clause would cause no occasion for this. Well, so much the His Excellency considers th11t yon exercised to s~ndridge and Emerald Hill, in the _better, say we. But DO harm is done, Eound and wise discretion in attJickinJ: tbt> insU: . Eents, instead of waiting until they were the a • ev.ent of their severance from the Corpora. except the expense of turning a few g1esfors; for therel>y you destroyed the Ilresug;

b t d th 'fi f fi d "'lh~ch inyariably attache¥ itse~fto.tbe force wbi~ tion of Melbourne, as they would then be a ons, an e sacrt ce 0 a ew yar S o~>l!ges 1ts opponenta to mamtum its position saddled with a portion of the debt now of braid or ribbon to constitute a badge. \\llllF.t the resources of the countlY are at the dis~ p<>sal oft he former. owing by the Corporation, though they had But if the reverse be the case, would it ~is EKcellency ue~i~es me to. ~on1·ey to all the

t b i t h b d b (lflicers. and men, c1~1l and m1htary, his thanks derived no benefit from any portion of it, no e w ser O ave een prepare e. 1vr thell' zeal and ab1lity, and especially to Capt The Attcrney-General ar:d Mr. Greaves forehand for such an altemative? ~~~~r'1i~;moalftcgr~~~anding, for the clispo3i: supper ted the clause, on the around that if We believe that th""re ia occasion Until the arrival of the Major-Genfralthe_pri.

~ ~: h tl It . soners must be kept at Ballaarat. You will or a portion of the rates mortgaged by the ~or sue a precau on. was qutte courae take such measures u will preclud& the C · · hd f 'thin th b d f ibll't th t rceeibility ot their escape. Evidence should be orporahon was wtt rawn rom the secu. Wl e oun s o · poss I Y !1. 1aken against thein for having seditloWlly and rily held by the mortga

0aee, there would be the city, on WednE?sday last, might treesonably m•t and opposed Her .!bjeety'aforces·

8lld th ·Y should be committed to lYJelbourna tO a manifest breach of faith towards the per. have witnessed a disturbance of a 1o1<e their trial at such seseions or the Supreme

most serious characte 'ndeed A very Court as the At!orney.General may ap.Point. sons advancing money. As it was thought r I • A Proolamat1on has issued direct!ll~ martial be.tter to t ke the sense of a full house on numerously attended meeting was held, l aw to be enforced, but this will not affect nri. a ~cners who committed offences prior to tile "G~h this point, the clause was temporarily ""at which the unfortunate affair at Bal- recember, nor supersede the adminiotration of

h laa at W di d d d . h' h justie .. , eave so far llll suoh administration m\y wit drawn. r as scusse • au nnng w lC interrer.; witJ1 the execution c f martial hw Tho

Th. S k d th i t f expressions were used ,hiahly calculate<l Jrisoners ahoul<l be traasmitted tolllelbotirneas e pea er announce e rece p 0 ~ >ton as the ~Iajor-General cotJsiders sufficient H;s Excellency's reply to the ad-" f to embitter the feelings of the more :force for their safe escort can be spared . . uress 0 Although martial law has been declared, you. sym patby and support presented that excited of the audience again3t the police ate to use every exertion to apprehend all the

· d d h f d th' 'llt W f f speakers who took p11rt at the meeting when the '! mormng, an rea t e same rom the an e m1 ary. e ara ar rom l1cenees were burnt, to which eff<ct similar in.

chair. It will be found in our report. The stating that these expressions were structions have been sent to nil the other gold. :fields; but the wo.rrants must of cour•e emanate reply was ordered to be printed ; and the used with any such intention. On the con. from you. and be despatched to Cast.lemainc to be H d. d · 1 tl · · d · b h .1rom thence forwarded as the Resident coinnua. c nse a JOurne at SIX o'clock. rary, a mee ng partiCipate m Y sue tioner may deem advisable.

benevolent men as Messrs. L'l.nglands, 'J he Lieutenunt-Governor having expreseed his

i ll 0 SPECIAL CONSTABLES. ii IT is not a matter cf much surprise to us ~ that the events of the last few days have ·. excited considerable anxiety in the mind3

~~· of the colonists generally, and of the towns ~ people not less than other sections of the

community. The actual c<>lllsion and sanguinary results of the encounter re­ported on Monday, with the thousand and one alarming rumors prevalent on allsidea; the ~xcitcment which has exhibited itself in various quarters, and the character aEsumed by the two large public meetings which have been h eld in Melbourne, all tend in the same direction, and add to the vigilant attention, combined with some little misgiving, which peeps out here and there in very unmistakeable characters.

'I he Address to the Lieutenant-Governor, passed so warmly by the Legislative Council, furnishes an instance of this state of feeling. Another .is afforded by an address which is this day to be laid for signature at the banks, Exchange, and other public places. It is to the following e:ffLct :-

To Hie Excellency Sir Charles Hotham, Knight Communder of the most honorable Milit •ry ()rder of the Bath, Lieutenant-Go\'ernor of the Colony of Victoria, &c. Vt e the undersigned bankers, merchants, land.

l1ol<lers, trndeomen, and others, rt:bident in tne ci~y cf aleiJ?oarne and its vicinltJ;1 desire at thi~ cutlcll conJuncture to apptoach xour Excellency with the a•surance of our loyal devotion to tile

• p<rson and authorit~ of Her Mo;t Gracious Ma. jesty the Queen, and ot" our determination to sup­port. Your J>xcellencyi as the repreaentative of oe1r bovereign in thiti co ony, in every n1ensure cal~ culate<l to arrest tile progres~ ol confusion, and to restore to the community the inestimable bles3i!l" of boci>l tran<J.uillity. 0

Deepiy sympatnising with/our Excellency in tile multiplied ditliculties an in the anxiotts rc­sponE-ibilities ot' ~~our present position, we beg to <"xpress our very btncere confidence t hatyourExccl­lel.cy i~ annnated by a:sin~le.mindedness of desire and ofpurpoe• to uccomphsh every practicable rd-1orm of nsc•rtalned defccta or abuse9, and to in­troduce all pos•ii>le improvement into the general administration of the affairs of the Colony wlw e governro.~ent has been so recently committed to yc ur char.a;e.

We therel'ore con sid•r it to be our bounden duty, both as loyal oubjects of our Most Graci<m• SoYH'eign 4ueen Victoria, and as being deeply jnt~rested in tho character and in the happilleH of this highly.favore<l land of our adoption, to nlly around your Excellency in the present

l emerg&ncy, and to place ourselvel!, our services, and ~ our influence uar•servedly at your Eltcellency•s 6 di~posal, for tbe maintenance, to the ur.most, of 7 public order, the represdion of violence, and the ~ if,~~lding of the paramount authority of e>eisting

u Melbourne, 7th December, 1854.

Now, although the spirit of both this = reaolu~ion and that adopted by the Legis lative Council is excellent enough, we would remind these Legislators, bankers, merchants, landholders, tradesmen, and others, that the times are scarcely such as that they : should confine them. selves to signing their names or voting addresses. Such modes of expressing con-fidence or sympathy are well enough .for the peaceful days of ordinary social exis. tence ; but there are times in which men must lay aside ,mere words and writings, an l gird up their lolns for effective action.

eali•fact.ion at the course which the authorities Fulton, Dr. 0 wens, &c., W8.3 intended, l1ave pursued, and the succeos they have obtained

h d bt t 11 th th jn upholding law and order, deems it. his duty to we ave no ou , o a AY ra er an call the particular attention of all tbc authoritie! increase excitement. But we allude to the to the exercise of monerat.ion antt forbear3ncc·

for, as it was incumbent upon )ljm and the111 t~ ~fleet, not the intention ; and we confes~ 8tlpport the law, eo will the public voice ulti. Our regret that muc.h that then occurrai 1na1ely be heard, according to the mode in whloll the substquent proceedings are conducted. should have taken place. This letter i~ of course to be communicated t<J

tll~[Major-General commanding. Of the effect produced we fir:d the fol· I have the honor to be, eir;

1 Your most obedient scn·ant, owing illustration in the· columns of (Signed) JoB> FosTER

a contemporar.v, who reports that the Tile Resident Commissioner, Ballaart\t, · 6th December lMl. lll£ettng itself was of the most orderly Sir,-In compliance with Hia Excellencyls in. -·haracter ·.- It ructions, I yesterdny called you1· attention to tb.e ~ neceeslty of enjoinina upon ali under your con.

At tile conclusion of the proceed ings, and when 1rol the pror>riety of forbearance, caution, and the meeting was in the act.of dispersing, tw.> temper towards tttc mining population. troopers rot1e quietly along Swanston.str<et, and I nm aguin to repeat to you, that Hi~ Excellency were followed by thou-.mos of the peroons wh~ desires that the utmost moderation be shewn. composed the meeting. 'l'he troopers took "helt-ar Instructions will )?e sent to you, directing you ]n a Jane leading w tlie stores of Messrs: Kratscit how to not conoermng the disposal of the pri­und Co., next to the resi<tence of Dr. Youl, in £onera. JlliDders.street. The crowd then surrounded the I have the honor to b~, Sir, ~rot, and filled the space inside the raill enclosing Your most obedient servant, St. Paul's, Captain Harrison e:.-horted them irt (Signed) J. Jlloou. tbe name of order to dispero;e, and not allow· thJ Aeaistant Colonial Secretary odium to attach to tlte da) 's proceedin~s that 1:he Resident Commis6ioner, Ballaarat. ' thousands of men had attacked two inoffensive In consequence of the receipt of this despatch men. A. working man exhorted them to return to "hich I will read to you, Mr. Speaker and Gentle: t.heir homes in peace, and was followed in the men, martial law is to cease on Saturday next, snme strain by a celebrated Eliz'lbeth.stre~t at twelve o'clock:-auctioneer, who was interrupted by a man in tll9 IIead.quartcrs, Ballaarat, 5th December lB5l crowd, and tor some time they had tho benefit of Sjr,-Ibuve the honor, by direction ofthe'M•io'r. two speeches at once on the same side. The G 1 • fi ~ h · .. "' Rnight of the Hammer, however, ultima\ely en era • to ln orm you,•,or t e m .. mnat!on ot .Ills triumphed, and advised t!Je me~ting to go home, ExcellencK the Lieutenant.Governor, that the upcn which some one in the crowd recited the .troops un er my command, guns, &c., arrived bore words-" Home. sweet home:" but as no ona nt two o'clbck p.m. to. clay, havi;;g left Balian at two o'clock this morning. s~cmcd <li;posed to set them to muaic, the meeting 1he men arrived in f!rst.rate·order, and there acted upon tlul suggestion without n musiC.\ l wae not the slightest expression of fedin~tluring demonstration. From all we could see, the our progrefa through the centre of the tllgglngs. troopers were perfectly safe from any attack on EV<rytlung here appears quiet. them by the crowd, and needcQ. not to have ~rhe Major.Gencralllas, of couree, ltad no time escaped. to form lillY opinions.

Now, if what we hear of the preparations He ackuowled11es receipt, on his ro11te this made for the preservation of the peace be ~l~F!·~~i:m~f~n~xcellency's Derpatcll enclosing

t h h 't t' · ;1! -ti Captain TholJ1.lU! reports an cx<>hange of shots ru~, we ave no !lSI a JOn In prewv ng with some of the sentries last night. but nothing

that if these troopers hacl actually been of illlportante. · l have the hcnor to be, Sir,

attacked, a scene might ha.ve been wit• Your obedient servant, ncEsed in the streets of the mctrc:>polis, (Signed) Wru.r,\Jr F. A. WM,LAOR, Grenadier Guard~, A. M. Secretary. before which even the terrible carnage 'of The Honorable the CoJoninll:iecretar;.

I was anxious to have those despatched read, to Bullaarat would have been cast into the rl1ew that whill!t on the one Ilana 1ve have endea.

d a< red to tile utmost of our power to upltuld law sha e. A stone thrown by <Jne drunken or rn<l order, yet the very moment it wns feasible we excited man, one enthusiastic llarticlpa.tor lHe(t to the original state of things; 1md martial aw, which is repugnant to every Englishman ln the proceedings just narrated, a xush ~nd especially so to every colonist, "iii cease "" " d ~cc n as po,sil>le, nnd I mo•t noxiously hoJ:e that ~orwar of a dozen yards, a trooper pulled there may not be again occasion to revtrt to it. I from his saddle, and who coulcl gue"S see no probability at. the present moment ot there " btfng nny neces&ity for t he employment elf mill-where the affair might have ended? Even t nry force on any of tne oth•r golct.fiel<ls. On the ccntra::-y, a very peaceable and orderly feeling, llS it is, the rumors of the present cond[. according to the accounts which we are r~oeiving tion of aff>1irs appear to have reached the nprears to extst at Bendigo, Castlemalnc, llnd,

~ls•where. I have received a petition from t ~o I)risoners in the gaols, and we owe it to dip.ge1·e at Forest Creek1 wblch I am anxious to

fllew, and wnich I w1ll also read an extract the energy of a turnkey, and tho decision :frcm :-f M P ' Your Excellency vill be pleased to observe,

0 r. rice, that several hundreds of the that this is the only place where th€re haa been no t t uffi i i t h t b kir d of disturbance, and has at all times been

grea es r ans n ex s ence ave no een orderly kept by the diggers, although the popuh. summarily turned loose upon the city, to tion hns been great at different times, and the dig.

gers 3lso have l>een and are obedient to tile uuthO• add their quota to the general disorder. xitirs pl~ced over them."

'I'h' • d' · h' h 'Chat p•tilion is signed by 1300 diggers. lS lS not a con ttlon in W lC 1\ly constant endeavor whilet at the bend of this

a large city should be left. The citi- GoHrnment will be, assisted by the Speaker and gentlemen of the Le~islat.ive Council who now

zeus have it in their own power, within c•·me forward so handsomely, to conduct the ad. ministration of this country with the utmost pos.

a few homs so to organise themselves, sible temperance. I am satisfied thr.t the time for as to render any selious disturbauce m1litary law and rule by violeLce hnR gwe never

to be recalled , anrl it ought not to be recallod. almost impoEsible. They should not lirn.U Ilut, Gentltmen, the moment there Ia an ontoreai:,

~nd that caused not by Englishmen, but caused by their loyaHy to the cause of order to mere foreigners, men who are not suffered to remain

i f I. d Th , ld in tbeir own countries in consequence ot the strv ce o 1p an pen. ey snou pra. violence of their characters, and the deedS

P~re to act the part which bc,omes tb.e 1hey have donP,-1 for ope .say that whe_n. ' " ewr tl:at happons the .EnglHhmen of VlC· intelligent citizen in times of trial. l tonn must r:>lly round the Government, and must

. ' 1o.a man sin k their minor difrerences and forget the causes of difference which to :Bnglishmen are inl erent, and which to a certain extent are the

THE LEGISLATIVE COUNCIL. UesPmgs of our Constitution, and must rally round Thursday, December 7th. - tlte nnt.horiti•st liking or di8liking them, and pnt

that. outbreak aown. As long as I am at the head

THE LEGISLATIVE comWIL. I su~h times. are :hese. We may require no ""HE H t t t t t 1 de monstratwn m favor of the preservation .1 ouse me a a quar er o '"e ve f yesterday morning, and proceeded, with 0 t~e p:ac~. But we shall be less likely to

PRESENTATION OF THE ADDTIESS 01! ofthe Government here I will enC.eaYor to pre­SYiUPATilY AND SUPPORT TO THE vent thes!" foreigners agit!ltiD!! to !listu_rb the goGd LIEUTENANT-GOVERNOR. croe~· winch generally ~x1s1s ~~ V1Ctor1n, und pre­

vcntmg the honest and mdustnous poraon of t ile The Speaker took the chair at ten minutes to 1 or,ulation from continuing at their wo!k.

t"\\olve o'clock, and on the motion of Mr. Miller, Mr. Sp•aker and Gentlemen,-The resolution the Council proceeded to the Govemmeut Offices, JlaSEed yesterday, and particularly the remarkably in order to present to the Lieutenant-Governor n~le ton~ of tbe debate upon the questi?n last

the Speaker at their head to present the I reqmr~ lt, if we are pe?jectly p?·cpared to ' - I make tt Address of sympatliy and supp01·t voted on F' · 1 d t · 't l' ihe previous day. or severa ays pas mv1 a 10ns have

' On the Speaker again taking the chair, been issued by the Mayor ,for citizens to l;.e announiled that the Address had been ccm~ forward and enrol themselves as , r d d th t Hi E 11 speCial constables. We are glad to learn ce ~vere ' ~nl r t t tsh xce enfcy .~a.hd ihat this call has been so far effectual that ~a :a ;er a l~ety fo .e;a:e, 0 wmc a force of from fourteen to fifteen hundred . e 'bela ts wohu H e urnls e as soou as j' :men have already been sworn in. We think

poss1 e o t e ouee. h · · The Ilouse then rose. ~ at 1t wo~ld be very expedtent largely to

In th ft 't i t' 1 Increase th1s force. Vf e all recollect what ~ a ernoon st ~ ng, a. pe 1t.on was ffi i · .

~ t d b M 'F k . c c ent servtce was rendered by simthr .1:1·1resen e t ty r. Ma:w Ilner, _rra~mg the means during exciting times at home· anl

ouse no o pass r. arnson s resolu- . . ' . m this respect we cannot do better than ~u~wns

1reispecting. lhadnd sales, but baing closely imitate the example of our mother

.. ruorma t was wtt. rawn. . Th S G ll 'd .h bl country. The substaut1al intelligence and

e urveyor: enera a! on t e ta e respectability of England were never more a retur.n of sec~10ns between the Glenelg effectively represented than in t1e moral aLd F1tzRoy Rtvers, that had been sur· weight attached t h • 1 t bl veyed for sale. . . ~ er speCl~ .cons a e

Th P bl. H lth B'll t ' system, durmg a tlme of particular pret:~ e u 1c ea 1 was pos poneu W h fll t d sure. e ave much of the same ele-

1 °" ay. • . ments here; and if each citizen who The House then went mto commtttee on h h ·~ f .

tbe Boards of Enquiry Bill, when some dis. ast tome, ldorf Wk!Je, or ~:am1ly to · 1 f h pro ec ·, WOl:l ran y come 10rward to

cusswn arose on the proposa. o t e Attor- 1 d th · ht f h' ney-General to insert a new clause em- en e welg 0 IS influence to the great powering payment of expenses to witn~sse3• cause of order, a pow~r would be available The S eaker thou ht the bill an inter- at any moment, wh~ch would not only ., l? · g . fifectually sunp1·ess dtsturbance but would ~erence with the privileges of the Hou3e ~- . '

• . ' almost certatt.!y prevent 1t altogether as It gave to these commissions more power Th · 1 bl h · than was possessed by committees of that e speCla ~onsta es s ould not be ex. n pected to do ordtnarcr duty-to do anythinf7 .uouse, or even of the House of Common~, . " "'' and mi<>ht make them a dangerous in- m fact, but to hold themselves bound to Etmment in the hands of a grasping Govern. be ready to act in case of emergency. Some ment. The Attorney-General rroposed in badge ~f offico should be arranged, that order to meet theae ol)jeclions, that ~he fh&y mJght kno_w each other if calle~ int!> opcratl.on of the act should be limited to oreration. A Signal should be appOultsd, 040 year, that the i~sue o( thecG,n:.u.:.i~uions '&uch as a roll of drum paraded through tb.a .

tJ.o ~ddrcss which had b~en agr;ed_ to on the ~1;1~'~h~1fll~t t'b~a~2io:;tt~fsu!ii~'!,tot~~~~~;';:iu-~~~ prevwus day. On the1r arr1Val ut Ew JJr:d confuijion to reign here· that wo will main. Govor!'mcnt Offices, the members of t l1e ! bin la\v and order; and be the men that en· Council pr~Eent, about forty in number, llea,-or to create di~turbance \Vho th~y lllil.)', :~nil hEaded by the Speaker, were ushered into l from whate1•er countries they may come, down the 1•rcsencc of His Excellency who \ms attcudeJ th•y . shall be put. Dut, at the same tlroJ, 1 th c • · 1 s t th 'p · t S t 'II e w111 to the utmost of our power entlenvor to re-y e, o,OJ:na: ecre ary, e rtva c cere ary, I c1fes any grievances that may exist, nnd by ap-and otncr offimals. roin1ing a commission as I haYe con~ I shew

The SPEAKER then read and ll:;:()sented to that I fully bel!eve the;e is some cause of griev. the Lieutenant-Governor the address of tile Coun· ' snce, or I should not have appointed it. We will cil, which was to the eftcct that His Excellency redress all 11rie~anc~s if possible, muintuin order, having lHen placed in a painfttlly emlnrrassiu" 2nd keep pr'?mwently_ bel ore. us the fa~t that our

't" · his . 1. ,. . . ' . o endeavors w11l me•t w1th then reward m the way pos, wn smcc arnva m ' 1ctorm, "as entttled tlH<t the r,egi•lative Council and the Speaker at to the sympathy and support of tho Council, their head have ~hewn which pledged itself by eve1·y means iu its p()1Ve1' 111 r. Speaker and Gentlemen, I moet cordi all)" to nid him m restoring and maintaining law anJ tl•ank you f<>r your expression of feeling, and I order. h,rpe from the bottom ?f my heart that whatever . '.::'he J,JEU'IENANT-GOYERNOR 1·eplied as ~·~~~i~~.ances may anse I may not l>e found

iol;owB :- _ . . The SPEAKER begged to request that H_is ~ r. Speaker 1\nd .Gentlemen, lt13 "lnth no qmlll :Excellency would be pleased to commuulcate 111

Jlndo nndaat1sfac~10n ~hat,ata~omentofnnu.;unL :, . fh' , . _, , , · ·d· 01fficulty, the Lcg1slahve uo w1c1J of nctoria bav~ "r,tJ~g t~e substance o ts' e1 b ... r~p·) , m 01 cr •ssembled themselves around the Governor a.ui that 1t m1ght be entered on the. mmulcs of tb.c enable him to proclaim to the world thnt with one Council. voice, ~ndone mind, and one heart, we are resolved HIS EXCELLENCY replied that he would to m:untam the law. I assure you, Gentlemen, bnYe much pleasure in doing so. th~t my utmost endeavo:s have been used to stave Tb C 'l the 'tbdrew and returned to ofi r.nd to pre,·ent the d1fliculty wh1ch has nrlaca e OlJUCJ n wr ' . b""t is .1nw, I am thankful to S1)', rapidly dis'. tl1eir Chamber, and the Speaker l~a>m~ reportei :tJ. penrtn~. "bat had taken place, the Council adJOurned to

l am ncsirous, if you will grant me time, to three o'clock. t\\uch upon these points slightly, in order to slnw The Council re-assembled at a few minute:! to Y?U tll~t my words are '!lot}'ghUy utte~ed, not after three. ~poken .1\lthout some cons1de.ntion. Before t11e THE LAND SYST'<'M depu tat10n cnme from the gold-fields, tile Eureka -"' · .. !iot b~oke out, and the burning of the Eur~ka. 1\Ir. FA WKNER begged ~o present a pet•t;on .LTotel. onsttetl. Immediately the information of from certain persons, ten m number, calling the dHoheJ"ge of Bentley and the other men wa; them~eh·es diggers, aud who had como down Eent.t'? the Attorney.Qeneral he saw that the au. hue to bny land. He hoped the llouse would tllont1es had taken the wrong course, and he oa!Ul ,-a<s over some informality in the petition, be' out vost-hnste to Toorak, and recommended most ... • · f h b' t to strongly that the men who had been prisoners cau_se o~ tho g1·cat 1ruportanc~ ? t c 5U ~ec filo'!ld be agnin brcug!'t to trial. ,we had tll.en wh~ch 1t related. T~e .pettt;eners e~-prcssod rcce1v~d no representat1on of any sort or kind from th~tr deop concern and mdJgnntton at the speech t!'e chgger• of Ballaarat .. Immediately ins~r11c- " h'd1 hat! been recently delivered in the House hOI.JS weie sc~t down to brmg ~cntley and hu as. Ly l\Ir. Harrison in favo1· of GoYernment sns­eoctates to tnnl, and shortly alter th:.t we heard. d · th 1 ' f 1 d d tat d that muclt that the fire hacl taken place at the Eur~ka Hotel. ren mg c sa 6, 0 an ' an 5 0 . di erg

I)-I~. SpenltCl' and Gentlemen, I \\iSh to establish of the iJnd fechng on the !?art ot the gg t11c fact, that the Government had «iven order• tm1n1ds Government had ariSen from the lands to inquire into the manner in which tho former · not lta.vin" heen freely opened to tho people. t;:al had brcn C?nducted before any rellresent»-~ ~l"hc lJet.iti~ncrs prayed that tho Governm~n~ ti(!n from the d1gge1·s o~ Ballaarat llad been r c. ltmd ,nle~ mio·ht not be suspended nnd that 111· CN\'ed, nnd before any vtolonce l!ndelJStlCd. · .~ cd • tl ' (' • r ment Of the trinlofthe men en"fti(Cd in the bn~niag iluc( mcnts m1ght be offer by te ,o, c n (l1" tho hotel I ~hull say btlt lhilc, excepting to oh 'l<rr ·similar to those offere<l b)' tbe ({onrdmont sc·rve thn! t)le sentence ":ns !'lost lenient. . . I cf ~ew Zrnlnncl in Auckl~nd, l>Lc!e !nn IT.I>

Tl\~rc were reasons wh1cll mauc<!cl us to 1magm~ ], 1 c cd to persons willisg to 1mprovc 1t !\• the tato \llht the condt.~ct of: tile 1\\lthoritl~S :.1t Ballur11t 1>i lOs. por ucrc •

~~~========~~~ Th Sl'EA.KER called the attention of the ...

0 ember to standing order No.&!, 110cordhtg "

00' :-ch no petition could be recei ''Cd that ro­

'::r~' to anything said ~n the House. He con­:f<.d cd ~rcat inconventence would result fro!Il fll cr racLico in question, if allowed. th~i~.l~A WKNER wa~ always ready to bo_w to the decision of t~e.Chrur, and would accordlngly JVithdr·aw the petit10n. .

The petition was then w1thdra.wn. CR.OWN LAND RETURNS.

'l'hc SURVEYOR-GENERAL laid ~>n the tnble certain Crown Land Returns, whtoh h11.d )leen called for b,Y the House. 'l'hc ltcturns were rdered tc be prmted.

JJ pUBLIC HEALTH PROMOTION BILL. • A few verba.! amendments were made on the J>ill in cor.1mittee, and then the House resumed.

BOARD OF INQUIRY BILL. 1 The House went into committee for the further

· nsider,.tion of this bill. co The ATTORNEY-GENERAL moved the ai­aition of a new clause enabling t~e.Governor •. at '-he instance of a. Board or Commtsston of Inqmry, to awnrd reasonable expenses to witnesses ordered to attend, out of such money as m.~ght be appro­priated for the purpose.

The SPEAKER (who spoke with his ba.ck turned to the reportero' gallery, and was conse-11uently very imperfectly heard t~ere) begged .to )>~allowed tc make some observations on the btl!, )IS he had no opportunity of doing so b~fore. He (l()Ilsidered tltat the bill gave a dangerous po .ver io Boards of Inquiry. Such boards would, nuder the bill, possess powers w4ich neither t~at }louse not· the House of Commons possessed, v1z., :the power of administering oath8, a':"d p~ying \Vitnesses their expenses. It was wtth htm a question whether the bill was not depriving tlto ]louse of its 'proper authority, and putting i~to :the hands of the Governor an auth~nty that might become dangerous. f!'e f11lly )Jelieved tba.t the present Governor wa~ smcerely desirous of ruling the country accord1!'g to the wishes of the House; but a Governor m1ght come JVltO would be opposed to the views of the House, and who might use the power now put into his )lands in a manner prejudicial to the interests ot !he country. He (the Speaker) was exceedingly jei.lons on the part of the House, of establishing, 218 a ~neral usage in this celony, a power which '1\':IS only used on ext~inary occasions in other a:ountrics.

Mr. FA WKNER said that any danger to the .wmrottnity that might be apprehended under the t>ill from any future Governor could be met by 9imitin<> the existence of .the bill to one or two years {hear, hear), for the present Governor would JSnrely be here for that period at least. He 18greed with the hon. the Speaker that they !lhould not place in the hands of a Governor a JVeapon wherewith he might smite them­JIClves. He therefore wished that thll bill should have a limited duration. He might ~Jso state, in reference to what h~d :been said by the Speaker, that a Board or Com· :mission of Inquiry was merely for .~vestigating a subject, nnd that the final d emswn on tha.t llUbject rested with the Govemor or .the House.

:Mr. GRIFFITH said that his impression h~d )>een, that the power of b!l!~rd~ and _com~_rs­l!ions u nder the bill would be !trotted to mqurrtes 5nto charges brought against pub!ic officers. The practice of referring public officer>, \flien charged with misconduct, to the legal .iribunals had been much objected to, ;and he had undEr stood that tho object of the bill wns to estnbli>h a tribunal for that purpo3e jn the shape of a Bonn! of I!'quiry. He con· sidered it desirable that the btl! should have a limited duration, and that the inquiri<'s of the .:ommissions appointed under it should be restricted to charges against Government !lfilccrs.

'l'he SPE AKER was understood to say that lhc powers proposed to be given by the bill to boards and commissions was extra-constitu­tional. It enabled the Governor to appoi~t commissions independently of the adyice of hts :Executive Council. 'l'hcre had been a secret C()mmittee of the House sitting on the subject of gold licenses, and they had made a report,, but (ns we understood) he was not aware, etther liS Speaker or as member of the House, what the :report was, or on what information i~ :was :founded. Were any of the comml3Stons 1mder the bill to be secret commissions? :S: e \liewed with great j ealousy any system t endmg to subvert the authority of the House.

The ATTOHNEY-GENERAL said that the t on. member for Talbot (Mr. Fawkner) h~l only anticipated him in prcposing t~at the b tll l:lhould have a limited duration. He l!'tend~d to introduce a clause limiting the duratron of the f,ill tc one year. (Hear, hear.) As regarded '\Vhat hnd been said by the hon. the S penker, he rnight state that there was no objection what­elver to intnduce a provision into the bill to the effect that the Reports of all boards and qommissions should be laid upon lthe table of the House, nnd he would propose a clause to tllat effect. But he lvould object to limit the power~ of c~n:­;m.issions to inquire into charges agam~ t pu ohc vfficeril. The general course pursued towads ;tho~e officers was to demand from them an ex­:planation of any alleged act. of misconduct, ~n1 :if they could not give a sa.trsfactory explanatton :to deal with them accordingly. 'l.'he great ad­...,anh"e that he e.'<pected from boards and com­rnissio~s under the bill was tl~:rt they would b~ 11ble to 'l'i~it dfutnut localities "'ith am~le powers :for carrying out inquiries into any subJect there, {Hear, bean.)

Mr. S I'RACHAN could not sec what the re-. rnarks made bvthe bon. the Speaker, as to seleet

committees of the House, had to do with com~ )nissions appointed by the Governor, as proposed .by the present bill. ;. The SPEAKER asked if tf!ere wa~ any obj ec­~ion to insert certain words m the btll whereby opower would be given to the Governor," with :the adyice of his Executive CouncH," to appoint .boards and commissions. Such a provision w:o:1ld do away with much of his objection to the btll as 5t now stood. .

'!'he ATTORNEY-GENERAL had no obJeC· iiorr whatcycr to the proposed addition.

The clause was then agreed to, 11nd the word> oproposed to be added to the bill by ~h~ Speaker ill•ere inserted in those clauses t•eferrrng to tile nppointment of boards and commissions.

The House then r esumed, the Chairman rc• lJOrled progress, and on the motion of the At­:torney-Geiteml the bill as amended was orderei :to be printed, and the adoption of the r ep,or t wns made an order of the dv,y for the fol.lowmg ilay.

REPUES TO ADDRESSES. The SPEAKER announced that he had pre­

'l!entcd the following addresses of the, H_ouse to ~he Lieutenant-Governor :-No. 2'7, r e1atwe to a return of import duties; and Nos. 28 and 29, r~-8ative to Crown I ,and returnu; and that Hts :Excellency had replied that he would cause t!D30 :returns to be furnished as specdil~ os possrbl?­:No. 30, transmitting the thanks of the Com!ctl :to the military for their r ecent conduet, to wh10ll llis Excellency had 1:eplie~ that he _wo~ld tak_: l.lhe earliest opportumty of commu!IJCatmg th" tlame to the Major-General commanding, and that he fully concurred in the commendatio!'of the con­duct ofthe military ; and No.3~, relatt:ve to postal t:ommunication with the Uruted Kmgdom, to lVhich His Excellency had r eplied, that tho de· tision of the Council would be conveyed to. the Bome Government, and that it onl:y remam 9i :for the Council to give a legal sa.nctlo!! to the :resolution by passing the bill on the subJeCt now ilcfbre them.

INSOLVENCY COMMISSIONER FOR GEELONG.

'l'be House went into committee for the fur­ther consideration of the Commissioner of In­llOlvent Estates Dill.

any other duties for him to perform Ol' not \V&3 quite a secondary consideration. Indeed it was probable that his time would be fLtlly occupied with the duties for which he was appointed.

i\Ir. FA WKNER said thn.t a commissioner of in sol vcncy could take up ft·om ten to twenty cases in a dlly, and he was deeply grieved to hear fxom the hon. member who had just sat down that Geelong was likely to furnish that number of iusolvencies. {"I did not say so," ft·om Mr. Fyfe. ) 'l'ho hon. gentleman had said that the resident commissioner of Geeloog would have his time fully occupied, which meant the same thing. {A laugh.) He thought bon. members shoulcl take their law from the Attorney General, unless they were better lawyers than th~t learned gentleman. The House wore bound to make all possible retrenchments in the expendi­ture of the colony, and he did not see the nece3· ~ity that existed for a resident commissioner at Geelong.

The ATTORNEY-GENERAL begged to state, in reply to the question which had been nsked by the hon. member for Melbourne {M1·, O'Shanassy), that there was no reason why an insolvent commissioner at Geelong shottld not have additional duties to perform, but he coul;l not at present remember any that were quite compatible with his insolvent dntiee. To hold the office of police magistrate or deputy sheriff' would be scarcely compatible with acting as insolvent commhsioner. But the salary would of course be commensurate with the work, an:l would therefore be considerably less thau received by the Melbourne Commissioner, w:.to was also Master in Equity.

Clauses 1 and 2 were then struck out of the bill, and the new clause, proposed by the Attor· ney-General, wus substituted.

Clause 3, giving the commissioner appointed under this act the same power within his district as the chief commissioner, was agreed to.

Dr. GREEVES said that he had some sugges­tions to make which he conceived might be em­bodied in the present bill. In the first place the commissioner had now no power to punish for contempt of court. Secondly, he had no po·.\'er to summon witnesses. It was neces­mry for him to apply · to the judges, and thus much delay was occasioned. Thirdly, there was nothing to neces~itate the in­FOlvent to state the amount with which he began business. This omission was a fruitful source of :!i·aud. The fourth suggestion which he had to offer, in addition to provisio s for the OliliS­sions he had pointed out, wai' that there shou\1 be a fixed form of schedule, the want of which cccasioned much error. These four requisite> had been suggested to him by per sons who were conversant with the busioess of the Insolvent Court ; nl1,d he thought the House would do well to adopt t!Iem in the present bill.

Mr. HORNE explained that, in the committee the previous evening, they had coincided with the v iew of the Attorney-General that it wa.s uudesinble materially to .alter the insolvent Jaw at the present period.

The ATTOltNEY-GENERAL thought the suggestions of the bon. member for the city were very admirable, and the only objection ihere could be against them was that to whicil the · bon. m~mber for W arrnambool had alluded.

Mr. STRACHAN hoped that the honora.ble m~mber wo~ ld not press his amendments then; for though be cordially agreed with them, yet he thought they >TOuld retard the present measure, which was so urgently required.

Dr. GREEVES said that he did not wish to jeopardise the ~atety of the bill, and as it ap­peared to be the wish of the committee, he wo11ld not embody his suggestions then, but hoped they would not be lo"i sight of:

The remaining clauses of the bill and the pre­amble were then agreed to, and the House re­sumed. The Chairman reported progress, and on the motion of the ATTORNEY-GENERAL tlte adoption of the report was made an order of th~ day for the following day.

MUNICIPAL AUTHORITIES BILL. The House went into committee for the furthor

consideration of this bill. The first clause having been read for the sake

of effecting a verbal amendment, The SPEAKER objected to there being no

limit assigned to the shape which the nine squa.re miles of each district was to assume. Under the provisions of that clause, it might be nine miles long, and only one broad ; he thought a. li!Ilit ought to be stii.ted, say, not more than four miles either way

After some discussion, The ATTORNEY-GENERAL said that the

subject had been fully discussed before, and that the Surveyor-Genera.! had imagined there would l..te merely verbal alterations effected, and so was not in attendance. He would therefore prOJ,>Ole that they pass the clause then, and recomm1t it 'When the Surveyor-General was present. With this understanding the clause was agreed to.

The ATTORNEY-GENERAL then propose:l a new clause to prevent the limits of existing corporations being interfered wiih, without con­p ensatil>n to the corporation so ~~>bridged. With out that provision the security offered by the Melbourne corporation, for instance, on their loan, would be mn.terially injured, which might be pre · judicial in the minds of bondholders at a distanc~.

Mr. O'SllANASSY did not see th!<t there was 1my necessjty for that clause. The general re­·venuc was responsible for the loan itself, and therefore no uneasiness on thnt score could be created in the minds of bond holders.

Mr. FA WK~ER said that it \VaS excoctlingly unfair that such places as Emerald Hill and Sandridge, which had not in any way benefited l>y the lavish expenditure of t he money raised by the loan should yet be ma.de r esponsible for its repaym~nt. He protested in their name against such a thing; i t was nothing but a robbery.

Dr. GREEVES sairl that if a portion of the present corporation limits were abstracted, it would injure the security on the loan, and would also injure the c1·edit of the colony if any other loan were required.

The SOLICITOR-GENERAL contended that the money which had been expended in Mel· bourne was beneficial to the whole colony, and especially to the inhabitants.of the outskins, who ought fairly to pay towards 1t.

Mr. FA WKN'ER said it was a bad sign when they became so tender of the opinion o <. the distant bondholder, and so careless of the welfare of the ina.bitants of the colony. He contended thn.t the separation of -such places ns Emerald Hill and Sandridge from the Melbourne corporation would not lesseu the value of the se­curity in the eyes of persons in England, wl~o were probably not aware that such places were m existence.

The ATTORNEY-GENERAL said that the clause was brought forward by himself because it had struck him in looking over the bill that it !Jllust appear to any professiona.l man a breach of :faith t o those who had made the loan. He Wal :far from wiohing t.hat any-.stacle should be t hrown in the way of such pl~s as Emerald Htll and Sandridge incorporatin~ themselves, as, for a long tint e. it would be to such places and the gold­fields that the bill would be chiefly applicable ; but he wished to prevent the idea that tney wet·o in any way trifling with the securities_. The necessity for the clause had suggested Itself to him, and he was entirely responsible for it. A JJecond new clause was also proposed to allow the Governor and Executive Council, as n.n impartia.l body to adjudicate between an old-established ;md ~ew corporation, should any difference arise.

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The ATTORNEY-GE:l'.'ERAL moYed that elauses 1 and 2 relat ive to the appointment tlf additional in~lvent commissioners, be struck tJnt of the bill, with a view of insert!ng a new lllausc. by which amthority would be g1~et~ to the ~overnor to appoint a resident c?miDISSloner ot ;insolvency at Geelong, with exclus1ve power over :that district, as regarded inso1Yent est.atcs. He ilrought forward this new clause !lot m accord· IIDco with his own opinions, but '':' accordll':lce with the desire which had on a prevwus occas~on Jloen expreijPcd by the hon. members r eprcscnhn£;

Mr. J!'AWKNER wished in matters of law lo bow to the superior knowledge of the bon. the Attorney-General, but did not see that these places should be liable for a loan which was contracted solely by the Melbourne Corporation :and by Government. (No, no.) Yes, he ~aid by Government for it would have been utterly :impossible fbr the Corpo;·atio'! to have done it JVithout the Government s assrs!ancc. Let the ..,.enera.l revenue be answerable 1f they thought proper, but he would rather see the whole biU thrown out than pass that clause. 1.

Mr. MOLLISON said, that, as the question I could not be decided in the House as· it then lltood, he thought the clause had bett er be with­drawn for the present, and the verba.! amend­;ments proceeded with.

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the locality in question.

1 'l'he SPEAKER thou"ht the opioion of the ~ttlirncy-Gcneral shouldhaYe. some w:ig~t, an.1: :he (the Speaker) would be gmdcd by 1t ·m th1~ :matter. t'll1r. STRACHAN asked if the bon. tho £peaker would be guided by the At~orney-Gen· 11!1:11\'s Ol>iuion, irrespective of its bemg ngh~ or '!Vtong? However, the difficulties on the subJect \1 hich had beset the Attcmey-Gcneral o~ the J :previous evening, appeared to have vamshed I :from Ws breast, and he was glad to see that the 1ton. and learned gentleman was n~w rea~y to . llccede tc the wishes of a commumty of oO,OOO I ~ersons. Without the appointment of a !resident col:lmlSSloner justice would not he done to Geel~ug. He considered that the elthting Commissioner would have quita tloough to do in l\ielbourno for the noxt twe!Ya ~~nths. {Oh, oh.) ~e said that, not from any Jnformation which of hts own knowledge he pos· tc.~·flllron tho suhjcct, but from what he h:vl !uantfrom ethero, and such he believed to be the 1tcliog of the merchants of Melbourne. {Cries <>f "Oh, oh," "No, no.") At all events, whoth.~r ~Lat l'las the case or lnot, Geelong required an lnsolventrommissionerfor itself. (A laugh.) ' Mr. o·shANASSY would like to know if any I' t(.tnmi;sion.er of insolvency, to be appointed by lbe Governor at Geelong, would have an; other duties tQ pcrfO!m 2 ,

l. ~ · FY FE said t!Jat this WllS not r> quesHot1 l /tween ll!cluourne and Geelong. To tell t !w I trt~le ttutlt Gco!ong r equired a resident COin­llli~oncr ~f in9olvcncy, and whe~hec th'lro 113~0 I

This course was adopted, nnd after several trifling amendments had been effected in the J;ill the House resumed. The Chairman rc- ' ported progress, and obtained leave to sit again on the following day,

REPLY TO THE ADDRESS. The SPEAKER armounced thnt he had

received the reply of I~is E:wel.Je~cy to the 11ddress of the House, which, w1th therr leave, he would r ead.

The hop. the Speaker then read the reply, with despatches, w·hich will be found in another column.

AUCTION SALES REGULATION B~LL. The consideration in committee of this bill was

:POstponed until the following day. The House adjourned at five minutes to six

o'clock.

ORoEns o•· TnE DAY: 1. Post Office Act Amendment Bill-Second

n~d~fs and Coke Company's Capital Io.oremsc Bili - Adoption of Report.

3 Public Health Promotion Bill-To be further re-considered in committe~.

4. Boards of Enquiry Bill- To be further oon.. sidered in committee. .

• Commissioner of Insolvent Estates Bill -"· • . • ~ .. -· r Adc.phon or ncpv.-. . . ' .,.,; . o. Municipal Antlwrtties Establishment .ow~ j

Te>be furth~r r e.co11si lert-d In oommitteP. 7. Auction toalcs ltegulation Bill- To be furtheC

conside: ed in commhtee.

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