ABSTRACT
THE years of Lord Grey's tenure of office were years of almost continuous discussion of Australian constitutional problems. Yet the discussion did not arise, as seemed likely until Sir George Gipps's departure, directly out of the working of the constitution given to New South Wales in 1842. Gipps's relations with the Legislative Council were no better in 1846 than in previous years: the colonists showed no signs of abating their claims to ‘a government which should be made responsible to the people who support it and for whom it was created’. 1 But the arrival of the new Governor, Sir Charles FitzRoy, produced a speedy change for the better. Under Gipps, public differences had been aggravated by unfortunate private animosities: 2 FitzRoy's tact and conciliatory bearing in private life brought back a better feeling in public affairs also. FitzRoy, moreover, reposed great confidence in his experienced Colonial Secretary, Deas Thomson, a man of liberal views and statesmanlike qualities, who-was not only the son-in-law of the popular Governor Bourke, but, unlike Gipps, was clearly on good terms with Wentworth. 3 The machinery of government was soon working smoothly: the recurrent dispute as to the civil list schedules was settled, and FitzRoy successfully quieted the fear of the Colonial Office that he had settled it by surrendering the rights of the Crown. 4 A straw which showed the way the wind was blowing was the disallowance of a Bill making the Colonial Secretary and other principal officials ineligible for election to the Legislative Council. It was, said Lord Grey, ‘in direct conflict with the maxims and habit of the British Constitution, which permit the same persons to serve the Crown in the higher offices of the Executive Government and to represent the people in the Legislature’. 1 It seemed as if New South Wales was entering upon a period of gradual and tranquil evolution towards responsible government. What was necessary was just, surely, to leave well alone.
