the approval of the popular House. Largely increased powers of legislation were also conferred on Parliament. They included the right to frame laws relative to the waste lands of the Crown, and, on certain conditions, to amend its own Constitution. The chief restrictions were, as under the old Act, that (1) No duties could be levied on the Queen's forces; (2) fiscal and commercial laws inconsistent with treaties made by Great Britain would be held invalid; and (3) differential customs duties were forbidden. The last of these means, as already explained, that all countries were to be treated alike in the matter of import and export duties. The independence of judges and the consequent purity of justice was safeguarded in the usual way-by the appointment of judges for life, and their non-removal except by the will of both Houses of Parliament, expressed in an address to the Governor, on the grounds of bad conduct. Parliament was to assemble at least once every year, and its life was limited to five years.

The draft Bill was accepted by the Colonial Legislature. Wentworth and Deas Thomson were commissioned to proceed to England, to explain its provisions and to ensure its passage through the Imperial Parliament. After slight modifications by the British Minister it was presented to Parliament which-after vigorous opposition to some of the clauses on

The Fourth Stage
-Responsible
Government.

the part of Mr. Robert Lowe, formerly of
New South Wales, but then a member of the
House of Commons-approved of it and
forwarded it for the Royal assent.
This was

given on the 16th July, 1855, and the Act pro-
claimed in the colony four months later
(November).*

The New South Wales Constitution Act does not expressly state that Parliament is to control the Executive; neither does it anywhere employ the term "responsible government." Yet it was distinctly understood that the passing of the Act would involve the establishment of such a system. In future the Executive would be accountable for all its administrative acts to the Legislature, and especially to the House representing the people. Such a responsibility is certainly implied, as it is expressly stated (1) that certain powers are vested in the Governor "with the advice of the Executive Council," and (2) that the Legislature controls all the consolidated revenue, including the proceeds from Crown lands. It invariably happens that the body which controls the public purse controls the administration. The Executive cannot carry on without supplies, and these are not forthcoming except through the goodwill of the people's representatives. Any doubt as to the

18 and 19 Vic., c. 54.

SIR E. DEAS THOMSON

WILLIAM CHARLES WENTWORTH After the Original Oil Paintings in the Mitchell Library

relations of the Executive and Legislature,
however, was set at rest by a despatch for-
warded by the Secretary for the Colonies to
the Governor, advising him of the introduction
of the system of responsible government, and
thus explicitly stating what the Act merely
implied. As a consequence, the Governor's
position henceforth carried less political power.
Whilst he remained the official head of the
Government, all real authority rested with the
Ministers, who exercised it as long as they
could retain the confidence of the Legislative
Assembly. The personnel of the Assembly, in
its turn, depended on the political opinions of
the enfranchised community.
Thus the

democrats had at last come to realise their
greatest aspiration. Popular control over the
Legislature directly, and over the Executive
through the Legislature, had become an
accomplished fact.

The first wholly elected Parliament was
opened on the 22nd May, 1856, by Governor
Denison. Within a month the first Ministry
responsible to Parliament was formed with
Stuart Alexander Donaldson
as Premier;

Thomas Holt, Treasurer, and Sir William
Manning, Attorney General.

The Constitution of 1856 is in its general Constitutional character the present Constitution of the changes since 1856 State. But important alterations and modifi

cations, in respect of both the composition of

F