AN ERA OF CONSTITUTIONAL STRUGGLE, 1864-1868 123 



propriation Bill ; and he urged members to hurry through the 

 Estimates in order that the Bill might be promptly sent to the 

 Council, throwing upon that Chamber " the responsibility of re- 

 jecting the Appropriation Bill if they were so disposed ". Mr. 

 O'Shanassy entered an earnest protest against such a violation of 

 procedure, upon the mere assumption that the Council would deal 

 adversely with the tariff, if sent up separately. He denounced the 

 proposal as unconstitutional, and, though a few members had the 

 courage to support him, the bulk of the Ministerialists were quite 

 satisfied with the assurance of Messrs. Higinbotham and Michie 

 that everything was in perfect legal order, and gleefully entered 

 upon the struggle. 



On the 16th of May the Legislative Council, having considered 

 this defiant intention to invade their rights, unanimously passed 

 resolutions binding themselves to adhere to the practice of the 

 Imperial Parliament in regard to matters which may be comprised 

 in one Bill ; and affirming : " That it is contrary to such usage and 

 practice to introduce any clause or clauses of appropriation or other 

 foreign matter into a Bill of aid or supply. That it is contrary 

 to such usage and practice to introduce any clause or clauses of 

 aid or supply, or other foreign matter, into a Bill of appropriation." 

 Unheeding this warning, the Assembly, having rushed through the 

 Estimates, passed the Appropriation cum Tariff, cum Gold Duty 

 Bill through all its stages, and transmitted it to the Council. 

 Simultaneously with its receipt a petition was presented to that 

 Chamber, praying the rejection of the Bill, which was signed by 

 over 24,000 persons, representing some of the most important 

 interests in the colony. Amongst them were 750 merchants and 

 bankers, about 10,000 shopkeepers and other tradesmen, nearly 

 1,000 farmers, over 4,000 miners, and about as many mechanics 

 and artisans. With such a backing the Council did not hesitate, 

 and on a division the hybrid Bill was " laid aside " by a majority of 

 twenty to five on the motion of Mr. Fellows. The discussion 

 showed that members generally were ready to pass the Appro- 

 priation Bill if it could be divorced from its companion measures, 

 but the President ruled that such a step would be tantamount 

 to amending a Money Bill, which was ultra vires. Mr. Sladen, 



