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Lord John Russell forwards Queen Victoria's assent to Victoria's Constitution

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[Page 183]

No 36 Downing Street
20th July 1855

Sir,


I transmit to you
the Act “to enable Her
“Majesty to assent to a Bill,
“as amended, of the Legislature
“of Victoria, to establish a
“Constitution in and for the
“Colony of Victoria” which has
now received the Royal Assent.

2. Former communications
from

Governor,
Sir Charles Hotham
&c &c &c

[Annotation: top left-hand corner]

Copied for
Leg Council
A D Nov 21

 

[Page 184]


from this department will have
made you acquainted with the
causes of the delay which
has occurred in passing this
measure into law. The Bill
of the Colonial Legislature did
not reach this Country until
May last: at too late a
period in the Parliamentary
Session of 1854 to enable
Her Majesty’s Government to
introduce any measure to
Parliament with that full
consideration, and that careful
comparison with the Bills of a
like character passed by the
other Colonial legislatures of
Australia,

 

[Page 185]


Australia, which the great importance
of the subject required.

3. In the form
which they have chosen for
the legislative measure now
passed into law, Her Majesty’s
Government have in substance
followed the precedent of the
Act passed on a somewhat
similar occasion to meet the
wishes of the Legislature of
Canada by altering the Civil
List established by the Canada
Union Act: namely the 10th and
11th Victoria Cap: 71

4. It was their
opinion and that of &c &c &c
Parliament

 

[Page 186]


Parliament that although the
Legislature of Victoria had exceeded
the powers conferred on it in
passing their Bill, and although,
therefore, Parliamentary enactment
was necessary, it was more
expedient to preserve in form
as well as in substance
the measure which had bee
fully considered and finally
enacted by that Legislature
than to supersede its provisions
by direct Parliamentary legislation.

5. In vigorous
adherence to the same principle,
no alteration has been made
in any of those provisions
which

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