Before his removal from the colony, Mr. Alfred Stephen promoted a petition to the crown, for the concession of British institutions: an instance remarkable for the unanimity of the colonists, and the friendly countenance of the governor. It was almost universally signed (June, 1838); but, like its predecessors, unavailing.

The opinions adopted by Captain Maconochie on convict discipline, and which placed him in opposition to every colonial party, rendered his dismissal necessary; but it deprived the governor of a long cherished friend, and who, in happier circumstances, might have greatly facilitated his affairs. Thus Franklin stood alone; and the nephews of Arthur absorbed the influence, which subordinate officers rarely acquire, without rendering their chief contemptible.

Many efforts had been made to obtain admission to the public during the sittings of the legislature. The members had been long released from the oath of secresy, and their votes, and even the substance of their speeches, were occasionally known. Franklin determined to throw open the doors of the council chamber (1837), and expressed a conviction that the freedom of public discussion, founded on accurate knowlege, would confirm the measures, or correct the wanderings of the legislature. At the first sittings of the council, the novelty of the privilege secured an attendance at the debates; but the desultory and heavy discussions soon tired the patience, and members pointed with exultation or regret to those deserted benches, where patriots had vowed to watch the course of legislation.

The principle of open debate is, however, invaluable: reporters were there, and the public could read in an instant what it required hours to gather. Nor is the exercise of a privilege necessary to establish its worth: the title to be present belonged to the whole people, and Britons esteem and acknowledge a real treasure in a right. An open threshold, although rarely darkened by guests, is the pledge that all is honest within.


SECTION II

To compose ecclesiastical claims has ever been among the most difficult functions of the civil government. Franklin found the relations of the churches unsettled, and among his earliest measures was one to define the objects, and fix the amount of clerical pay.

The chaplains appointed for the Australian colonies by the crown, had been always ministers of the church of England: the greater part of the population, mostly prisoners of the crown or their descendants, were members of the Anglican church. Thus expediency corroborated the exclusive claims of the clergy to the spiritual oversight of the colonies. It was, however, impossible to obtain qualified clergymen of the English church, in sufficient numbers to supply the penal establishments. Thus the government employed ministers of other denominations, chiefly the wesleyan, as religious instructors; sometimes with the express sanction of the chaplains. In the country, catechists were appointed with the concurrence of Archdeacon Scott, who, however, were often members of dissenting communions.

At this time, the doctrinal views of the various denominations were in general harmony: the standards of the church of Scotland, the declaration of the congregationalists, and the articles of the church of England, are of the same general import. The wesleyans, and the society of friends, entertain some opinions at variance with these symbols; but in their ordinary teaching, all parties employed nearly the same theological and devotional terms. Their views of church government, and of ritual observances, were the chief points of dissonance; but in scattered settlements of recent formation these distinctions were rather matters of recollection than of practice. There were no diocesan, no presbyterial or other courts. In the towns the denominations maintained their exclusive forms and separate teachers; but controversial divinity was excluded by common consent from rural ministrations; and wherever christian ministers presented themselves in this character they were welcome, and in any other almost unknown. It was not possible, or perhaps desirable, that this interchange should last: experience has shown that organisation is requisite to permanent vigour; but when bodies of professors ranged under their separate banners, their general sympathies were lost in the corporation spirit.

Unless as temporary agents in the instruction of prisoners, the government did not recognise the title of any, except the Anglican clergy, to the patronage of the crown. Others were favored with sites for their churches, and in some instances with assistance in rearing them; but at that time land was granted to private persons, and loans of mechanics were allowed to assist the settler in building his dwelling.