The Foundations of Colonial Administration

The early governance of Australia’s colonies followed a model imposed by British Parliament through the Acts of 1823 and 1828. These laws granted the Governor of New South Wales and his Legislative Council authority to legislate across most of the continent, excluding South Australia, Western Australia, and Tasmania. This system, while functional, became increasingly strained as populations grew and regional identities strengthened.

By 1838, Western Australia adopted a similar structure with a seven-member council (three officials and four elected members). Van Diemen’s Land (Tasmania) had separated from New South Wales in 1825, establishing its own nominated council. Though these councils were appointed by governors, their members often acted independently, demonstrating remarkable political will. However, the system’s limitations became apparent as demands for democratic representation grew louder.

The Push for Democratic Reform

A pivotal moment arrived in 1842 with the New South Wales and Van Diemen’s Land Government Act, which introduced elected representation. Colonial Secretary Edward Stanley’s legislation passed with little opposition in Britain, marking a quiet revolution in colonial governance. Key provisions included:
– Expansion of the Legislative Council to 36 members (12 appointed, 24 elected)
– Voting rights for emancipated convicts (excluding current prisoners)
– Property qualifications: £200 for voters, £2,000 (or £100 annual income) for candidates
– Guaranteed representation for Port Phillip District (5 seats) and Melbourne (1 seat)

This last provision reflected growing tensions in Port Phillip, where residents had petitioned for separation from New South Wales as early as 1840. Their grievances centered on taxation without adequate local investment—reports suggested £150,000 collected from Port Phillip had been spent elsewhere in the colony.

The Boundary Disputes and Colonial Identity

The 1842 Act attempted to define boundaries that had been contested since 1840:
– Northern Boundary Debate: Whether the Murray River or Murrumbidgee River marked Victoria’s border
– Western Boundary Controversy: Surveying errors in 1836 gave Victoria 340,000 extra acres at South Australia’s expense—a dispute finally settled by the Privy Council in 1914

These territorial conflicts underscored the colonies’ growing sense of distinct identities. In 1848, Port Phillip residents escalated their protests by electing George Grey as their representative while refusing to nominate council members—a bold act of civil disobedience that judges surprisingly upheld.

The Dawn of Responsible Government

The 1850s marked Australia’s constitutional coming-of-age. The Australian Colonies Government Act of 1850:
– Created the new colony of Victoria (named after the young queen)
– Granted legislative councils to all colonies with 2/3 elected representation
– Most crucially, allowed colonies to draft their own constitutions (Section 32)

This last provision proved revolutionary. As Earl Grey noted, it enabled colonies to “cut their coat according to their cloth”—tailoring governance to local needs while maintaining imperial ties.

Constitutional Visionaries and Controversies

The path to self-rule sparked vigorous debates:
– William Wentworth advocated for a hereditary aristocracy to mirror Britain’s House of Lords, arguing: “Why should colonists be excluded from institutions essential to British constitutional practice?” His proposal was met with ridicule, particularly from rising star Henry Parkes.
– Democratic Fears: Some warned the 1850 Act would create “pure democracy.” Colonial Secretary Lord John Russell had initially doubted whether colonies could govern themselves without imperial oversight.

The gold rushes of the 1850s accelerated change, bringing waves of immigrants shaped by European revolutionary movements. Their democratic expectations pressured colonies to adopt responsible government faster than anticipated.

Implementing Self-Government

Each colony charted its own course:
– New South Wales (1856): Wentworth chaired the constitutional committee, creating a bicameral system with an appointed upper house. The principle of ministerial responsibility to parliament became enshrined.
– Victoria (1856): Unique in electing its upper house, with strict property qualifications (£5,000 minimum).
– South Australia (1857): Pioneered more inclusive voting rights.
– Western Australia (1890): Delayed by its penal colony status, it was the last to achieve self-government.

Legacy and Modern Relevance

This constitutional evolution established patterns that endure:
– The balance between state and federal power
– The adaptation of British institutions to Australian conditions
– Ongoing debates about upper houses and electoral systems

The 1850s transformation proved Earl Durham right—granting self-government strengthened, rather than weakened, imperial ties. As Australia’s colonies learned to govern themselves, they laid foundations for the federation that would follow in 1901. The debates over aristocracy versus democracy, centralization versus local control, and imperial oversight versus colonial autonomy continue to resonate in Australia’s political discourse today.

The story of Australia’s road to responsible government is ultimately one of pragmatic adaptation—of British institutions reshaped by colonial experience and the democratic spirit of a new land. From contested boundaries to constitutional conventions, these formative decades created a distinctive political tradition that still shapes the nation’s identity.