Argus (Melbourne, Vic. : 1848 - 1957), Saturday 31 August 1861, page 5


THE

VICTORIAN PARLIAMENT

The third Parliament of Victoria; was opened yesterday by Commission, with the usual for-mality. Both Houses met at noon, pursuant to the Governor's proclamation calling Parliament together. ,

LEGISLATIVE COUNCIL

The ACTING PRESIDENT (Mr. M. Hervey) took the chair at twelve o'clock, the other hon. mem-bers present being Messrs. Cole, Hull, Vaughan, Coppin, Rolfe, J. Henty, S. G. Henty, Mitchell, Hope, Miller, Fraser, Strachan, Sutherland, Robertson, Fawkner, .Highett, Power, Williams, Wilkie, and M'Crae.

The proclamation for the assembling of the Legib.ature having been read by the Clerk at the table, the Commissioners appointed by His Ex-cellency to open Parliament (their Honours Chief Justice Sir W. F. Stawell and Sir Redmond Barry) wero introduced by the Usher (Colonel Farquharson). The Commissioners, who wore their judicial robes, took their Beats beside the Acting- President-the Chief Justico on the right, Sir Redmond Barry on the loft.

The Usher having been desired by the Chief Justice to request the attendance of the Legisla-tive Assembly, conveyed the message to the other chamber. In a few minutes the members of

the Lowor House, headed by the Chief Secretary (Mr. Heales), appeared at the bar.

The CHIEF JUSTICE then spoke as follows : -Honourable gentlemen of the Legislative Coun-cil, and gontlomen of tho Legislative Assembly, -His Excellency the Governor, not thinking fit to be present here in person td'-day, has been pleased to order the holding and opening of this Parliament, and has caused letters-patent, under the Beal of the colony, to bo issued, authorising us to do, on His Excellency's part, all things that may bo necessary to bo performed in this Parliament. This will moro fully appa ar from the letters-patont themselves, whioh will now bo

read.

The letters-patent were read accordingly by the

CLBRK.

The CHIEF JUSTICE then added,-Ho nourable gentlomen of the Legislative Council, and gentlemen of the Legislative Assombly*,-I have to inform you that, on Tuesday next, at two o'clock, His Excellency the Governor will declare to you in person the cause of his calling this Parliament together ; and it being necessary that a Speaker of the LegislativeAsjembly should first bo chosen, His Excellency requests that the members of the Legislative Assombly will, in | their chamber, proceed to the choice of a I Speaker.

The Commissioners then wed to the Acting President, and the members of both Houses,

and retired.

The members oE the Legislative Assembly having taken their departure, the usual form \ of prayer was rsod by the Actinc-President.

Mr. COLE.-Mr. President, in the absence of any lion, member representing the Ministry, I beg to movo that the Council, at its rising, do

adjourn until Tuesday next, at two o'clock. j

Mr. MITCHELL.-May I ask, Mr. President, whother the hon. member who proposes that motion does so in oonsequonco of any communi-cation from the Government, or whether the act is entirely spontaneous on his part ?

Mr. COLE.-It is quite spontaneous on my ' part. I may tell the hon. member that I havo been asked to represent tho Government in this House, but, in consequence of being so deaf, I have declined that office. However, I feel It my duty in this House, as far as possible, to assist in carrying on tbo government of the country ; and I shall do my best in any way I can, although I do not represent the Government.

ThoAOTING-PRESIDENT suggested that the adjournment should bo until half-oast one o'clock on Tuesday, as it had been i"f^,--" 'hat the

Governor would bo present at two o'clock.

. The motion was altered accordingly, and then unanimously agreed to. !

The House adjourned at ten minutes past twelve o'clock. _

LEGISLATIVE ASSfDMBLY.

. FRIDAY, AUGUST 30.

The members of the Legislativo Assembly as-

sembled punctually at noon.

Mr. BARKER (the Clerk of the Assembly),

standing at the tablo, read the proclamation con-vening the Parliament.

Shortly aftor twelve o'clock, the Usher of the

Black Rod was introduced into tho chamber, and' announced to the members present that their at-tendance was requested by the Commissioners in the Legislative Council.

The members, beaded by tho Ministry, then proceeded to the Council- chamber, and returned after the lapse of a few minutes.

His Honour Sir Redmond Barry, one of the CommiBBioners, thou entered the house, preceded by the Sergeant-at-Arms (without the mace), and took his seat ou the Speaker's chair.

Tho oath of allegiance was thon administered to the members present, the Ciork reading the writs, and the returns theroto. They advanced to the table and were sworn in, in groups of four,

in the following order :

West Melbourne ... North Melbourne ... East Melbourne Emerald Hill

Sandridge . Williamstown

Collingwood... ... Richmond . St. Kilda , ...'

Brighton . South Bourke '

Mornington. South Gipps Land ... East Bourke. East Bourke Boroughs

West Bourke'... . ...

t '

Kilmore

Kyneton Boroughs ... Dalhousie ... Rodney ...

Murray Boroughs ... Maryborough. Castlemaine ..v Creswiok ^..".,

Sandhurst ..<*> > ...

?v } .¿nui

Avoca... j Mandurang

Maldon > r.V. v Ovens. Geelong East ...

Geelong West' ' ' South Grant ...

Ripon and Hampden

{ Loader, T. { Orkney, J.

{ Costello, P. { Davies, J.

{ Cohen, E. { Kyte, A.

... Anderson, R. S. ... Nicholson, W. ... Verdon, G. F.

( Berry, G.

{ Don, C. J.

{ Edwards, jun., J. ( Francis, 3. G. { Lambert, T.

{ Brodribb, K. E. { Johnston, J. S.

.. Brodribb, W. A.

{ O'Grady, M.

{ Smith, L. L.

... Chapman, H. S. ... Hedley, G. D.

{ Bennett, R.

{ Kirk, G.

{ Heales, R.

{ M'Mahon, C. { Riddell, J. C.

{ Smith, J. T.

... O'Shanassy, J.

... Tucker, R. B. ... Snodgrass, P. ... Gray, W.

... Murphy, Sir F.

{ Ireland, R. D. { Levi, N.

{ Chapman, J. { Macadam, J.

{ Pyke, V.

{ M'Donald, R.

{ Casey, J. J.

{ Donovan, W. D. C. ... Grant, J. M.

{ Owens, J. D.

{ Sullivan, J. F.

... Ramsay, J.

{ Weekes, W. C.

-t Wright. P.

{ Aspinall, B. C. { Richardson, J.

j Brooke. J. H. { Foott, N.

{ Cummins, M. J. { Lalor. P,

{ M'Cann, W. N.

... Service, J.

Polwarth and South Grenville Nixon, W.

Villiers and Heytesbury ... { Duffy, C. G.

Belfast ... Hood. J.

Warrnambool . . Manifold, T.

Dundas .Mollison. W. T. Wimmera ... Wilson, S.

Normanby ... Levey, G. C.

Portland ... Haines, W. C.

{ Gillies, D.

{ Smith. W. C.

. Humffray, J. B. .O'Connor, A. A, i f Houston, J.

.1 Woods, J.

) Flint, D. R.

{ M'Lellan, W.

- The«-following gentlemen, summoned by the'

Ballarat'West Ballarat East Grenville

Crowlands

'Ararat. . .

.IIM -¿j

Clerk, as having been elected for tbe districts against which their respective names appeared, i were not in attendance :- _ Evelyn ... ... ... Jones, W. H. G. North Gipps Land ... Everard, J. Murray . Reid, D

Creswick. ... Fraser, W. Avoca ... ... Davies, B. G. Ballarat East . Cathie, J.

Grenville. .... Gillespie, R.

When the members present had resumed their places, they were found to have arranged them-selves as follows :

Ministerial Benches. Mr. Heales

Verdon Grant

Brooke

Houston

Macadam Humffray Aspinall Sullivan

Foott Berry

Edwards Don

Woods

Smith, L. L. Lambert

Richardson Weekes Nixon

19

(Below the

Mr. Chapman (Castle-

maine)

Cohen Kyte

Smith, W. C.

Gillies Casey

Denovan Gray

M'Lellan Flint

Owens Davies

Smith, J. T. Ramsay Wright

Cummins M'Cann

O'Connor.

18

Opposition Benches. Mr. Haines

Nicholson

Chapman, H. S.

Service Pyke

Mollison Wilson

Manifold Francis Hedley

Brodribb, K. Brodribb, W.

Johnston, J, S.

Mr. O'Shanassy Duffy

Ireland Levi

Levey

Sir F. Murphy Mr. Lalor

Bennett Loader Kirk Hood

Snodgrass Costello

Anderson Orkney O'Grady

M'Mahon Tucker

M'Donald Riddell.

33

His Honour Sir Redmond Barry then bowed to the House, and retired.

After a short pause,

Mr. HUMFFRAY rose, and (addressing the Clerk) said,- I rise to propose that Sir Francis Murphy do take the chair of this House as Speaker. (Hear, hear.) It affords me much pleasure to do so,-a pleasure which is enhanced by the fact that party feelings and political anta-gonisms are in the present case kept in abeyance, and are not allowed to inteifero with the election of that gentleman. I was amongst the members of that House who first voted Sir Francis Murphy into the chair, and I have had the honour to hold a seat in it ever since, and have thus had an opportunity of judging of .tho impartial conduct of that gentleman. AU who have had similar oppor-tunities of judging of tho fitness of Sir Francis Murphy will concur with me in saying that he has discharged the oneroUB duties of his office in a manner which has gained him the respect of all. He has had great difficulties to deal with in a new House, under a new Constitution, in a new country, inasmuch as many members who are elected are unacquainted with Parliamentary forms and practice, or even with the ordinary rules of Parliamentary debate. I, in common with othor bon. gentlemen so situated, have always found Sir Francis Murphy willing to give members the benefit of his advice and guidance ; and I feel assured, from his long experience and his intimate knowledge of Parliamentary forms and practice, that he will be enabled, as hero toforc,-if properly supported by the members o' this House-to preside over the deliberations of this Assembly in a manner which.will accord with the dignity and character of Parliament, and bring its deliberations as close as circum-stances will permit to tbo model which they de-

sired to follow-the British Parliament.

MOLLISON.-I rise to second the motion of the hon. gentleman opposite, on behalf of my bon friends on this side of the Houso, and to Bay that we shall most heartily support tho motion made from the other side. I think moat fortunate thing for this House that it has in its ranks a gentleman who is so well fitted to dis-charge the onerous duties of the Speaker* If my honourable friend waa not present to day, as it 'was his duty to be, I might enlarge npon tho great qualifications he has shown for discharging the duties of his of-fice, and say something of his exemplary pa. tience and his rare capacity for disentangling the difficulties that sometimes occur in tho course of debate, and of his readiness in solving at once thoso questions that sometimes arise in Parliament. It is, therefore, with great pleasure that I rise to second the motion. My hon. friend was elected to the office of Speaker on the first occasion with somo slight opposition ; on the second occasion he was elected unanimously ; and I think, as far as I can gather the setise of tho House, that he will to-day, for the third time, be elected as Speaker without OKO dissentient voice. I most heartily second the motion of the hon. member opposite. (Cheers. )

Sir F. MURPHY.-I am extremely grateful to my two hon. friends for the flattering manner in which they havo mentioned my name, and the terms in which they have been pleased to refer to my services-terms more warm, I am free to confess, than they deserve. I will say this, that if not altogether deserving of this meed of praise, I have at least endeavoured to deserve it, for neither in nor out of the chair have I ever swerved from the strict rule of rigid impartiality towards all parties. I cannot say that this rule is of my own making, nor that the course of con-duct I have pursued has been regulated by any ideas of my own, as I bave only en-deavoured to carry out the evamplo set by tho Speakers of that illustrious body, the House of Commons-of gontlomon who havo guided that House with such strict impartiality, and who, whether in or out of the chair, have shot» st such an earnest desire to maintain good feeling and good will on all sides. In the words of one of the greatest men who ever ailed that chair, the Right Honourable Arthur Onslow, "I can truly say that my chief endeavour has been to promote good feeling ¡and good will : it is my pride, it is my duty." Neither can it be doubted that these principles are wiso, for it often happens that on all sides of the House the Speaker is consulted as to times and modes of introducing motions and measures ; and if confidence ,was not so reposed j in the Speaker, the time of the House would often

be thrown away in discussing questions of order. Fully concurring in those principles, I have en-deavoured, as far as-in malay, to carry them out; and the good nill which I havo always re-ceived at the hands of the House shows mo that I have not altogether, failed. Should'I have the honour to be'elected, again to that chair-the highest honour a gentleman can attain-I will endeavour to maintain the samo course; and; hoping that from both sides of the Houso the samo kindness nnd consideration for my fault; which have boen hitherto shown will be accorded I.now submit myself to the will o'f the House.

Sir Francis Murphy was then conducted to thi chair by Mr. Humffray and Mr. Mollison.

The SPEAKER.rI have to thank tho HOUB for having again placed nie in this honourabl position ; and I can only Bay that, if the courso o conduct I have hitherto pursued has been satis factory to bon.' members', _ I will endeavour t

maintain it. I, again thank the House for th

honour thev have done me. '

I ' Mr. IIEALES.-Allow me, air, on this oeoa | sion, to ofler'you my warmest congratulations on

your éjection to the important office1 of Speaker. X do so because it is extremely gratifying to find that tho composition'of ' thiB House proves that yon have had -the confidence of the hut Parlia-ment, for a large majotity of tbo members now present were members' of tbit Honee. The

impartiality of your oondoot in the chair hag

been productive of that good feeling whioh i -could not havo existed unless you had shown you*" -fitness'for your office ; unless you had for soma years devoted j our attention to asoertain the right course to purnue when questions are referred to you, the timo of the House might have been, wasted, because gentlemen who havo had long Parliamentary experience might, by their opposi-tion to your ruling, havo greatly impeded the pro«' groas of the public business. That you have acted impartially I am glad to bear witness ; and it is alike pleasing to the House, as it must be satis« factory lo yourself, that we have an opportunity of electing a gentleman so well fitted for the office, and thus have a> guarantee that our busi-ness «ill be carried on in a manner credi'able to this colony. ? ,

Mr. HAINES.-Sir, I feel sincere pleasure in congratulating you on the present occasion on your election, for the third time, to the office oE Speaker of this House. I am sure it is extremely gratifying to you that by the manner in whioht you have discharged yourduties you have secured tho respect of all. I may say, and the House, I believe, agree with me, that to long as you dis-charge the duties of the chair they will be im-partially discharged. On behalf of my hon.' friends on this side of the Houss, I may say that; we shall always be most happy to give you out support in the execution of your duties.

Mr. IIEALES.-Sir, I have much pleasure ia informing you that His Excellency the Governor will be pleased to receive you, accompanied by such hon. members as may think lit, at tua Government House, at twelve o'clock on Tuesday next. I wiil now move that the House at ita rising adjourn until Tuesday next.

The question was put and carried ; and tho House adjourned until Tuesday next, at twelve o'clock. ,