NEW SOUTH WALES THE FIRST ORIGINAL COLONY.
Foundation.— In 1784 the British Parlia ment passed the statute of 24 Geo. III, c, 56, entitled ((An Act for the effectual transporta tion of felons and other offenders, and to au thorize the removal of prisoners in certain cases, and for other purposes therein men tioned." This law empowered the King, with the advice of the Privy Council, to appoint places to which felons might be transferred. By an order in council bearing date 6 Dec. 1786, His Majesty's °territory of New South Wales, situated on the east part of New Hol land," was appointed a place for the reception of persons within the meaning of the act.
By letters patent and commission dated 2 April .1787, Capt. Arthur Philip was appointed governor of the territory. The limits of his authority extended from Cape York on the north to the southern extremity of the coast of the continent and inland and westward as far as the 135th meridian, which was afterward extended to the 129th meridian east longitude. The governor was empowered to make orders for the good government of the settlement.
By the Act of 27 Geo. III, c. 2, the King was authorized to establish a Court of Crim inal Jurisdiction on the eastern coast of New South Wales. Such was the legal authority under which, on 26 Jan. 1788, a penal settle ment was established at Sydney Cove. In was not at first intended to be a colony, or planta tion, for the purposes of trade and cultivation, within the ordinary meaning of those terms.
The First Constitutional Charter.— The temporary Act 4 Geo. IV, c. 96 (1823), which became law during the governorship of Sir Thomas Brisbane, was the first legislation passed by the Imperial Parliament conferring anything like the rudiments of local self-gov ernment on the New South Wales community. A council of five persons was appointed having limited legislative powers. On 17 May 1824, a Charter of Justice, creating a Supreme Court, was promulgated.
The Second Constitutional Charter.— The Act of 9 Geo. IV, c. 83 (25 July 1828), passed during the governorship of Lieutenant-General Sir Ralph Darling, was the second Constitu tional Charter of Australia. Courts of Crim
inal and Civil Jurisdiction, coupled with trial by jury, were organized. The laws and statutes in force within the realm of England, so far as applicable, were applied to the administration of justice in New South Wales and Van Die men's Land. The Crown was authorized to constitute in New South Wales and Van Die men's Land, respectively, an Advisory Council to consist of such persons residing in the said colonies respectively, not exceeding 15, and not less than 10, as the King might be pleased to nominate.
The Third Constitutional The third charter regulating the government of New South Wales was the Act 5 and 6 Vic., c. 76 (30 July 1842), passed during the governorship of Sir George Gipps. This act established for the first time in Australia a legislature, partly, but not wholly, representative in its character. It enacted that there should be within the colony of New South Wales a Legislative Council consisting of 36 members, 12 of whom were to be appointed by the Crown, and 24 were to be elected by the inhabitants of the colony having certain property qualifications. The governor, with the advice of the Council, was authorized to make laws for the peace, welfare and good government of the colony, provided that such laws were not repugnant to the laws of England; nor were they to inter fere with the sale or occupation of the waste lands of the Crown. Bills imposing duties of customs had to be reserved fo the Queen's as sent. This act did not grant to New South Wales the system known as "Responsible Gov ernment.* The governor presided over and managed all the public departments. It con tained, however, the feeble germs whence has since sprung the splendid fabric of parliamen tary institutions in Australia. It was the first concession made by enlightened British states men to the growing wealth and importance of the Australian colonies.