Our Constitution - Constitutional Centre of Western Australia exhibition

"This people have been taken under the protection of the British nation, and claimed as its subjects - their country has been taken possession of - their existence has been overlooked - their rights unregarded - their claims have been unattended to - their lands have been sold by the British Government without reference to their existence."

Colonist and government official George Fletcher Moore recorded his perceptions of Aboriginal people in his diary (1841).

Swan Coastal Plain, 1827

Fredrick Garling's painting of the Swan River plain two years before white settlement depicts Aboriginal people as decorative subjects in a romantic landscape.  This was a common Eurocentric representation of Aboriginal people which did not recognise their close relationship with the land or their complex society.

Captain James Stirling was the driving force behind colonisation of the west coast of Australia. His enthusiasm and energy persuaded the British Government to support foundation of a settlement at the Swan River in 1829. Stirling became the colony's first Governor and governed for nearly ten years.

Settlement

Progress was slow in the 1830's and the colony struggled to develop a sound economy. Despite the hardship, leading colonists tried to transplant English society to Western Australia. They wanted to maintain social distinctions that reflected the social order of England.

Government House was the centre of the colony's social life, as well as it's political headquarters. Prominent colonists valued invitations to it. They sought to consolidate their property gains and assert their social importance by developing contracts with the Governor and trying to win his favour.

The Governor's authority to draft laws and decide day to day affairs was supreme. While he had to report to his superiors in London, 19,000 km away, communication took at least three months.

Perth circa 1870s. The large building on the left is the Pensioner Guard Barracks

The Governors

Governors were appointed by the British Government from the ranks of military men or government officials. Personal connections were as important as previous experience in securing a post as a Governor.

Governors' wives played an important part in colonial life. They maintained social connections and acted as a link to the Governor himself.

James Stirling, R.N.

1829-1838

Stirling was an enthusiastic and energetic man, who became the colony's first Governor. After 1832, he worked with a small appointed Legislative Council of officials. In 1839, he left the colony and went on to a distinguished naval career, rising to the rank of Admiral before his death in Surrey in 1865.

John Hutt, Esq.

1839 - 1846

Governor Hutt was appointed Governor of Western Australia after helping with the plans to colonise South Australia. It seems that Hutt may have won the Western Australian post as consolation for having failed to secure the governorship of South Australia, for which he had applied. He had valuable experience in colonisation, having been Governor of North Arcott in the Madras Presidency. He presided over a period of hardship in the colony but governed cautiously. Interestingly, he sought to introduce a more liberal system of politics to the colony and actively sought fair comment on his policies from colonists.

Lieut. - Colonel Andrew Clarke, K.H.

1846 - 1847

Governor Clarke was appointed as Governor of the colony after a position as Governor of St. Lucia in the West Indies. He established educational facilities within the colony and was highly regarded. His death, after only one year in office, left the colony without a Governor until 1848.

Captain Charles Fitzgerald, R.N.

1848 - 1855

Governor Fitzgerald was previously Governor of the Gambia Settlements in West Africa. During his term of office, he presided over the arrival of convicts in the colony, exploration and settlement of the interior of the State, and by improved infrastructure and communication within the colony. His term ended with solid growth in the affairs of the colony.

Captain Arthur Kennedy

1855 - 1862

Governor Kennedy was previously Governor of Sierra Leone and Consul-General of Sherborough County. He was a career public servant and an experienced administrator. Whilst not always popular, he passed a range of legislative measures to ensure strong administration.

John Hampton, Esq. M.D.

1862 - 1868

Governor Hampton arrived in Western Australia in 1862, having gained a reputation as a severe disciplinarian during his service as comptroller -general of convicts in Van Diemen's Land. He was criticised for installing his son, G. E. Hampton, in the same lucrative post of comptroller-general of convicts. Nevertheless, a number of important public works were completed and the North-West of the colony developed during his term in office. It was partly the increased prosperity brought about by the pearling, pastoral and mining industries that led to increased agitation for more extended political rights.

Sir Benjamine Pine

1868 - 1869

Governor Pine was appointed to succeed Hampton; however, he did not take up the appointment. Instead, he took up the post of Governor of Antigua. Governor Weld was appointed to the post in Western Australia the following year.

Frederick Weld

1869 - 1875

Governor Weld had previously served as Premier of New Zealand where he had been influential in that colony achieving representative government. He established the railways and installed the telegraph. During his Governorship he supported the introduction of a new partly-elected Legislative Council in 1870.

Major General Sir Harry Ord, R.E., K.C.M.G., C.B.

1877 - 1880

Governor Ord came to Western Australia after six years as the inaugural Governor of the Straits Settlements, based in Singapore. He was appointed to the position after an extended period of sick leave and this is thought to have influenced his rather low key Governorship of the State.

William Robinson, Esq. C.M.G.

1875 - 1877, 1880 - 1883, 1890 - 1895

Governor Robinson served three times as Governor of Western Australia. In his first stint in the colony, he was charged with dampening enthusiasm for political reform; however, later he was the Governor when the colony achieved self-government.
In his second term, he oversaw a substantial reduction in the colony's debt. In the 1880s, prior to taking up his third term as Governor, he assisted the delegates from Western Australia in regard to the passing of the Constitution Bill through the Imperial Parliament. He was very popular and renown Australia-wide for his musical talent and song writing abilities.

Frederick Broome, K.C.M.G.

1883 - 1889

Governor Broome travelled a rocky road during his six years in office. Clashes with senior officials peppered his administration, yet he was personally supportive of the calls for self-government. Having worked as a journalist for The Times before joining the Colonial Service, Broome drafted the Constitution Bill which was finally passed by the Legislative Council, after much debate, in 1889.

The first Legislative Council

The first Legislative Council met on 7 February 1832, and passed a bill presented by Governor Stirling. The men shown here were all government officials. From 1839, some leading settlers were also appointed to the Council.

"Our Legislative Council is now open to the public, and we are directed to conform to the rules of the British Parliament in our proceedings, so that actually you may regard me as a member of Parliament here."

Later more colonists were appointed to the Legislative Council and it developed a more independent voice. In time, some of these members were elected but only by a very small number of colonists.

The "demon" drink

One of the first acts of the Legislative Council was to regulate the sale of alcohol and fermented drinks in the colony. Even so, by 1848 the use of alcohol was considered excessive by some.

"The subordinate classes have shown much good feeling and industry; but it is to be deplored, that the facility of obtaining intoxicating beverages has proven too powerful a temptation... an evil which is so injurious to the master and the man, the father and the child." Nathaniel Ogle, Colonist 1848

The British Government agreed to the request as transportation to the eastern colonies had declined by 1848, and they were looking for another place to send their convicts. Convicts arrived in 1850.

The convicts were sent out with retired soldiers, the Pensioner Guards, to guard them and money with which to build prisons. In addition, these soldiers settled here and spent their wages in the colony.

"My dearest Papa,
The ship Scindian arrived on the first of this month, the 21st anniversary of the foundation of the Colony so that it may be said to have attained its majority and I hope come to years of discretion. It is no doubt a very important event the supply of population which is now begun to be poured in upon us, not all at once but by such degrees as are seen most to promote advantage... The formation of roads and bridges will be accomplished in course of time and without any expense to the settlers."
Eliza Brown, Colonist, 1830s.

The Barrack Arch, Perth

The Barracks at the end of St George's Terrace housed the Pensioner Guard. The Pensioner Guard were sent to the colony from 1850 to guard the convicts and later assisted in the maintenance of law and order in the colony. The remnant of the Arch can still be seen at the western end of the Terrace.

Government House, 1860s

A grand new Government House was built by convicts on the same site as the old building on St George's Terrace. It was finished by 1864 and this photograph shows the Pensioner Guard and volunteers assembled outside the new building after the presentation of commissions. The building is still used as Government House today.

1865 and 1869 petitions

The British Government was against the move to establish a parliament in Western Australia.The slow rate of growth, and the presence of convicts in Western Australia, caused the British Government to withhold its grant but the colonists continued their demands. 

In 1865, and again in 1869, the citizens of the Colony petitioned to ask that they elect representatives to some of the positions on the Legislative Council.
The petition called for political reform in Western Australia and had support from people throughout the community. Each district of the colony had some representation, although there was a concentration in Perth.

The 1865 Petition shows the wide range of occupations in the Colony. Some petitioners registered their `mark' in lieu of a signature.

Despite winning the right to elect some members to the Legislative Council, the Governor could still veto the council's decisions and some colonists remained dissatisfied. They wanted a fully-elected parliament to run the colony's affairs.

Colonists began arguing for self-government within years of the change to a partly-elected Legislative Council. An attempt to hasten self-government foundered because of opposition in Britain but, by the 1880s, the call for political change was so strong that it could not be denied.

The Legislative Council 1872 - the partly-elected Legislative Council of Western Australia.
Courtesy of Battye Library 52125P

The Executive Council 1888

Governor Broome is seated at the middle, while John Forrest, a government official at the time stands behind him. During his six years in government Broome had almost constant clashes with senior officials. He was also known for his personal support of calls for self-government.

WA Bulletin, 5 May 1888

Cartoons such as these were 'digs' at Governor Broome's perceived mismanagement of the colony. They promoted the belief that self government would alleviate the Colony's financial woes.

Legislative Members who debated self government 1885-1888

This photograph of the Legislative Council, shows the elected and nominated members who debated the Constitutional Bill for self government. The Speaker, Sir James G Lee Steere is shown at the Centre.

Possum, 17 December 1887

Throughout the 1880s, Broome had become increasingly unpopular with the colonists for his perceived 'mismanagement' of government. In this cartoon, his desire to escape while the West Australian newspaper stands with arrows in hand, vigilantly guarding the Governor.

John Horgan wanted to specifically exclude any non British subjects and to bar Chinese immigration.

"...the press has been teeming with instances of gross mismanagement on the part of the Governor - and I say because Governor, - he is the Czar of Western Australia."
John Horgan, Perth Town Hall, 23 May 1888

In a stormy campaign against Septimus Burt for a Legislative Council seat in Perth, John Horgan dubbed a group of wealthy colonists, the ``six hungry families", because of their appetite for power and for the influence they had in the Colony.

Horgan was popular with Perth workers and others who felt they had little voice in the existing system of government. He won the election by just three votes, but within a year he had lost his seat at another poll.

Septimus Burt
Hogan's opponent in the 1888 election.

Town Hall and Legislative Council Chambers, by Julian Ashton 1887

The Perth Town Hall was the site where Hogan delivered his fiery rhetoric against the ``six hungry families".

The legislative council is shown to the fore.

WA Bulletin, 19 May 1888

Horgan's campaign was billed as a contest between the working man and the capitalist.

WA Bulletin, 19 May 1888

The radical WA Bulletin supported John Horgan in the election against Septimus Burt. Both claim Burt was representative of the ``six hungry families".

"It would not be practicable for Her Majesty's Government to surrender to a Parliament representing a small population principally resident in the southern districts the control of all the vast territory now included in Western Australia."
Secretary of State, Sir Henry Holland, 1887

The House of Lords supported the Constitution Bill. But some members in the House of Commons called for an inquiry. They were worried that the Bill was too conservative because it restricted voting rights to men who owned or leased property.

A special deputation from Western Australia, led by Governor Broome and including Stephen Parker and Thomas Cockburn-Campbell, managed to overcome this opposition and persuaded members to support the Bill.

WA Bulletin 7 February 1888

Britain was not eager to allow the colony too much independence.

Authority to Negotiate

This document authorised the delegates to go to Britain and negotiate on WA's behalf

The Royal Assent 1890

The Royal Assent to the Constitution was signed by Queen Victoria at the court of Osborne, on the Isle of Wight. this was a printed copy for distribution in the colony.

People took to the streets to welcome the new Governor, Sir William Robinson, who was sent from London to supervise the change. He travelled by train from Albany to Perth. Towns and villages en route lit bonfires and people gathered at railway sidings to celebrate his arrival.

"His journey to the capital is in every way indicative of that more rapid but none the less sure progress which we all unite in believing is to be the characteristic of the new era now dawning... In no respect has more marked progress been achieved than in the extension of railway communication."
West Australian, 20 October 1890

In Perth, elaborate floral arches spanned the city's main streets and buildings were decked with banners and flags to welcome the Governor and the new Constitution.
Thousands of people gathered on the Esplanade in Perth on the 21st of October to celebrate the day's events. The new Constitution was proclaimed before a cheering crowd.

Newspapers boasted that Western Australia had finally 'come of age' after decades of slow growth. They confidently predicted that self-government would lead to progress and prosperity for all.

Arrival at Albany Railway Station

Governor Robinson arrived by steamship from London three days before the Proclamation Day celebrations in Perth and travelled to Perth by train.

Journey to Perth 1890

The Governor, Sir William Robinson and other dignitaries on the way to Perth to proclaim the Constitution

"Today, before noon is over, the old order of things political will be of the past, and a new order will have begun.  We are all in joyful mood - those of us who have no conspicuous part to take in the celebrations - and in a quiver of excitement."
West Australian, 21 October 1890

At the Esplanade in Perth, the new Governor,  Sir William Robinson, made a congratulatory speech and led three cheers for Queen Victoria.  Artillery shots rang out as the British flag was raised.

"...I trust that every good wish that I am now addressing for the future of this colony will be amply realised ..." 
Governor Robinson, 1890

Afterwards, the crowd feasted on tables piled high with food. There were sports, with novelty events like "climbing the greasy pole" and "catching the pig with a greasy tail".  At night, fireworks lit up the city and there were glittering balls and dances. 

Governor Robinson, travelled to Fremantle the day after festivities in Perth.  The people of Fremantle lined the streets and marched in a civic procession. 
 
The port town's celebrations were elaborate and included the ceremonial planting of a "Proclamation Tree", which still stands today.

"Under the new Constitution the Government will be largely in the hands of the people and with the enthusiasm of hope we are persuaded that... the Colony will make rapid progress in all those interests that build up a prosperous and happy community and that Western Australia will then take her proper place in that Federation of the Australian Colonies which seems to be rapidly approaching."
Inquirer and Commercial News, 24 October 1890

"At Geraldton a large crowd of 'mourners' pretended to 'bury' the 'old constitution'. Bearers carried a huge coffin to the ground, where a grave was dug and coloured lights were burning". 
 The West Australian,  24 October 1890

Proclamation Day, Fremantle

People lined the High Street of Fremantle to celebrate Proclamation Day and the town was decorated with flags and bunting.

Proclamation Tree, Fremantle

The tree planted by the Governor

Bunbury Celebration

This was one of the few celebrations where Aboriginals were invited to participate.

Most constitutions are written down in a special document, or sometimes in a series of documents. 

In Western Australia, our State Government is organised and run according to the Constitution Act of 1889, and subsequent amendments, including the Federal Constitution. 

We do not have a single document, called "The Constitution of Western Australia". 

 "...Wherever Law ends, Tyranny begins" 
John Locke, 1690.

The State Constitution

The collection of laws which govern our political system in Western Australia

The colonial parliament legislated in 1897 and 1905 to repeal the provision. Today, a group of Aboriginal people is petitioning the courts to have the provision of Section 70 reinstated.

Many former members of the old Legislative Council were elected to the new Parliament unopposed. By 1895, further reform had led to a fully elected Legislative Council.

"I had no opposition. I was supported by every elector in my constituency. Every member who sits on the joint ministerial bench can say the same thing. They were all elected without opposition!"
Sir John Forrest, 1895.

The first bicameral Parliament of Western Australia

Members of the first Legislative Assembly, elected 1890.

Government Expansion, 1895

By 1895 the Government buildings on St Georges Terrace had been increased in size to accommodate a growing public service.

The Western Australian Cabinet

The Forrest Ministry at the turn of the Century

Plans of the early Legislative Assembly Building in Hay Street

The Chamber had been used by the Legislative Council from 1870-1890

A new Legislative Assembly, or ``lower house", was added to a remodelled Legislative Council, or ``upper house", to form a parliament. The power to govern was substantially transferred from the Governor to the elected members.

The new Western Australian Constitution was supposed to herald an era of progress and prosperity for all.

In reality, not everyone could vote, let alone stand as a candidate, for the new Parliament.

The new Constitution still restricted the vote to men who owned or leased property: in other words, the wealthier people in society.

Most men in the colony, all women and Aboriginal people had no political rights at all.

Constitution Act 1889 set up a system of parliamentary self government in the colony. It is the founding document of the bicameral Parliament of Western Australia.

From 1829 to 1890, the ability to participate actively in government had been gradually extended from only the Governor to all men who owned or leased property of a certain value.

At the time of the proclamation of the Constitution in 1890, only those men who owned or leased property of a high value could vote. This effectively excluded most people.

It took a series of reforms, some as recently as 1970, to extend voting rights to all people over 18 years of age.

"There are about 60,000 persons at present in the colony, and only 5,900 voters, and looking at the vast extent of this colony and the large proportionate number of statute males, it seems to me that 5,900 would not be the whole number of the voters in this immense colony... and that there should be a greater proportion of the adult males upon our electoral rolls..."
Sir John Forrest, 17 July 1893

In 1893, the Western Australian Parliament introduced voting rights for all men so that every non Aboriginal man over the age of 21 had the right to vote for the Legislative Assembly irrespective of property qualifications. In practice, many were still prevented from voting by other restrictions, such as the length of stay in one place, which effectively disqualified gold miners who moved around frequently.

In the 1890s, constitutional reforms gave the vote to all men, and then all women.

Aboriginal people were excluded from voting unless they owned property. They had to wait until 1962 to acquire full voting rights, by which time they were entitled to vote in both State and Federal elections.