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Marshall MacDermott

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55-656: Marshall MacDermott (c.1791 – 3 November 1877) was a British Army officer and member of the South Australian Legislative Council 1855 to 1857 and a member for the South Australian House of Assembly seat of Flinders from 1857 to 1859. MacDermott entered the British army in the year 1808, as an officer in the 8th Regiment of Foot , and during the same year saw active service in the West Indies, when

110-704: A 12 year term. The council had its purpose in replicating the British House of Lords as a restricted "house of review" in a colonial context. When the Province of South Australia received its original constitution in 1857, it was the most democratic in the British Empire , combining a universal-suffrage lower house (the House of Assembly ), with a restricted-suffrage upper house (the Legislative Council). The purpose of

165-642: A Governor advised by a Legislative Council. The 1842 Act gave the British Government, which was responsible for appointing a Governor and at least seven other officers to the Legislative Council, full control of South Australia as a Crown Colony , after financial mismanagement by the first administration had nearly bankrupted the colony. This new Legislative Council was the first true parliamentary body in South Australia. The Act also made provision for

220-467: A Labor government was eventually elected in 1965 and began introducing social legislation that was anathema to LCL councillors, they would delay, obstruct and modify such bills. The councillors, however, saw their actions (in the words of MLC Sir Arthur Rymill ) necessary to "oppose... radical moves that I feel would not be in the permanent will of the people." The House of Assembly contained some progressive Liberals, and its membership would usually abide by

275-455: A commission to initiate the establishment of democratic government, electoral districts, requirements for voting rights, and terms of office. Although the old governing Council advising the Governor met at Government House , this new Legislative Council met at a new purpose built chamber on North Terrace. This chamber eventually grew into what is now known as "Old Parliament House". The council

330-435: A daughter of Marshall MacDermott on 7 November 1849; they had two sons and a daughter: William Hampden Dutton (1805–1849), pastoralist of Anlaby Station and miner at Kapunda , was a brother, as was pastoralist and parliamentarian Frederick Hansborough Dutton (1812–1890). Note: William Dutton (1811–1878), sometimes referred to as "William Pelham Dutton", ship's captain, whaler and pioneer of Portland, Victoria ,

385-548: A despatch from Montreal to Upper Canada , announcing the termination of hostilities. His regiment was ordered to return to Europe to join in the conflict with Napoleon , after the Emperor's escape from Elba . Ten thousand troops embarked at Quebec on this service, but on the convoy reaching the English Channel, they learned that the battle of Waterloo had been fought and won seven days previously. After this MacDermott served in

440-959: A majority and carry votes on the floor. elected 2018: David Ridgway Stephen Wade Terry Stephens Jing Lee elected 2018: Emily Bourke Justin Hanson Irene Pnevmatikos Clare Scriven elected 2018: Connie Bonaros Frank Pangallo elected 2018: Tammy Franks elected 2014: Rob Lucas Michelle Lensink    Nicola Centofanti ^ ^ Appointed to replace resigning Andrew McLachlan in 2020      Dennis Hood ^ ^ defected from AC / FFP after 2018 election   elected 2014: Russell Wortley Ian Hunter Tung Ngo Kyam Maher elected 2014: Robert Simms ^ ^ Appointed to replace resigning Mark Parnell in 2021   elected 2014: John Darley elected 2014:    John Dawkins ^ ^ expelled from

495-713: A new body known as the South Australian Colonization Commission . Under this arrangement, there was also a governing Council comprising the Governor, the Judge or Chief Justice , the Colonial Secretary , the Advocate-General and the Resident Commissioner, with broad legislative and executive powers including the imposition of rates, duties, and taxes. This council was sometimes referred to as

550-517: A police station. In 1913 the franchise extended to the inhabitant occupier of a house (but not their spouse) and the council expanded to 20 people, four from each of five districts, with the Central district being replaced by Central District No. 1 and Central District No. 2 . " Contingency voting ", a form of preferential voting , was introduced from 1930. The council's numbers varied over time. From inception to 1882, it had 18 members elected by

605-416: A single colony-wide district. From then until 1902 it had 24 members; until 1915, 18 members; and until 1975, 20 members. .The electoral districts were drawn with a heavy bias in favour of rural areas in place, with half of the council being elected each time. From 1915 to 1975, Labor did not gain more than two members at each election, with the conservative parties always holding a sizeable majority. From 1975,

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660-510: A valuable contemporary account of the new colony published in 1846. Dutton returned to South Australia in 1847, and in 1849 became a member of the Adelaide board of city commissioners. In 1850 Dutton wrote "Constitution fuer Suedaustralien: Gesetz zur bessern Regierung der australischen Colonien Ihrer Majestaet" (In English: Constitution for South Australia: Act for the better government of Her Majesty's Australian Colonies ) to bring discussions on

715-421: A wife to her husband); to a registered proprietor of a leasehold on which there were improvements to the value of at least 50 pounds and which were the property of the proprietor. At the same time, the franchise was also extended to ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of a police station. A further extension of the franchise came in 1913, when

770-603: Is elected in a similar manner to its federal counterpart, the Australian Senate . Casual vacancies —where a member resigns or dies—are filled by a joint sitting of both houses, who then elect a replacement. At the founding of the Province of South Australia under the South Australia Act 1834 , governance of the new colony was divided between the Governor of South Australia and a Resident Commissioner , who reported to

825-518: Is one of the two chambers of the Parliament of South Australia . Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly . It sits in Parliament House in the state capital, Adelaide . The upper house has 22 members elected for eight-year terms by proportional representation , with 11 members facing re-election every four years . It

880-554: The 2018 election , the 11 of 22 seats up for election were 4 Liberal , 4 Labor , 1 Green , 1 Conservative and 1 Dignity . The final outcome was 4 Liberal, 4 Labor, 2 SA Best and 1 Green. Conservative MLC Dennis Hood , who had been elected as a Family First MLC in 2014, defected to the Liberals nine days after the 2018 state election. John Dawkins was expelled from the Liberal Party in 2020 after successfully running against

935-758: The Liberal Party in 2020   The two Conservative MPs were elected as members of the Family First Party , which merged into the Australian Conservatives in April 2017. One ex-Independent/ Nick Xenophon Team MP was created a new state political party named Advance SA in September 2017. As part of the transitional arrangements associated with the expansion of the Council from 20 members to 22 members,

990-574: The "Legislative Council". Confusion and dispute about the division of power between the two roles led to the South Australia Government Act 1838 , which combined the role of Resident Commissioner with that of the Governor. In 1842, the South Australia Act 1842 was passed in order to replace the South Australian Colonisation Commission appointed in 1834 with a more standard British model of government, with

1045-510: The 1840s, and this was reflected in a series of reforms in 1851, which created a partially representative Legislative Council. After the changes, it consisted of 24 members, four official (filling what would be today ministerial positions) and four non-official members, both nominated by the governor on behalf of the Crown, and 16 elected members. The right to vote for these positions was not universal, however, being limited to propertied men. In addition,

1100-557: The 1975 election. (*) In December 2023, Frank Pangallo left the SA-Best party. At the 2022 election , the eleven seats up for election (the other eleven members had continuing terms) had been held by four Liberal , four Labor , and one each of Greens , Advance SA and an independent. The result elected five Labor, four Liberal, and one each of Greens and One Nation . Consequently the new Labor government would require an additional three non-government votes to pass legislation. However,

1155-514: The Australasian Bank secured a large share of the business. With George Tinline he supported the Bullion Act, which at a critical time saved the colony from serious financial embarrassment. Soon afterwards his connection with the bank ceased, and he entered into general commercial business, in which he was not successful. In the year 1855 MacDermott offered himself as a candidate to represent

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1210-604: The British forces captured the Island of Martinique , after several days' fighting in the field and six weeks siege of Fort Bourbon . After this MacDermott saw some severe work during the War of 1812 between England and the United States; and in 1812, on the frontier of the State of New York was dangerously wounded in the neck, the gullet being divided. In the winter of 1814-15 he was the bearer of

1265-528: The Council in this period had 21 members. Senate House of Rep. Council Assembly Francis Dutton Francis Stacker Dutton CMG (18 October 1818 – 25 January 1877) was the seventh Premier of South Australia , serving twice, firstly in 1863 and again in 1865. Francis Dutton was born at Cuxhaven , Germany, where his father was British vice-consul , in 1818. He was educated at Hofwyl College , near Bern in Switzerland, and afterwards at

1320-587: The Legislative Council was, as with the 19th century House of Lords, to safeguard the "longer term interests of the nation rather than just reacting to short term ephemeral issues of the day". In 1882, the Legislative Council was increased to 24 members by the a special election brought on by the Constitution Act Further Amendment Act 1881 , and the Province was then divided into four districts which each elected six members: Central , North-Eastern , Northern and Southern districts. At

1375-816: The Liberal upper house President was unexpectedly re-elected to the Presidency, which would give the Labor government nine of 21 seats during votes on the floor, meaning that only an additional two non-government votes are required to pass legislation. elected 2018: Emily Bourke Justin Hanson Irene Pnevmatikos Clare Scriven elected 2018: David Ridgway Ben Hood ^ ^ Appointed to replace retiring Stephen Wade in 2023   Terry Stephens Jing Lee elected 2018: Connie Bonaros Frank Pangallo ^ ^ Resigned from SA Best on 1 Dec 2023   elected 2018: Tammy Franks At

1430-633: The Noarlunga District, in the old mixed Council , composed of two-thirds elected members, and one-third nominees, but was defeated, and accepted a nomineeship . MacDermott was soon afterwards appointed Chairman of Committees. MacDermott was member of the Council from 25 October 1855 until it was abolished on 2 February 1857. MacDermott then represented Flinders in the South Australian House of Assembly from 23 February 1857 to 1 September 1859, being Commissioner of Crown Lands and Immigration from 1 September 1857 to 30 September 1857. In 1859 MacDermott

1485-539: The United Kingdom and the Mediterranean, and found time for a tour through France, Switzerland, and Italy. At Argostoli , in the island of Cephalonia , he became acquainted with Lord Byron , who entrusted him with the three last cantos of Don Juan , to be delivered to Sir John Cam Hobhouse , a commission which MacDermott executed, having just then obtained leave of absence in order to visit England. Subsequently he

1540-541: The balance of power. The Liberal Movement , in 1975, was the first minor party to have members elected to the council, and its successor, the Australian Democrats , held the balance until 1997 when No Pokies Nick Xenophon was elected. The Family First Party and the Greens gained representation in 2002 and 2006 respectively. The proportional system used in 1973 was party-list proportional representation , but this

1595-712: The bank was opened, and MacDermott was made Manager of the new bank. Five years later the Australasian Bank resolved to close their branch at Perth, Western Australia and offered MacDermott the Managership of that at Adelaide , which he accepted. On leaving Swan River he received a flattering address, signed by all the members of the Executive Council, the Magistrates, clergy, and many others. Just before leaving England for Western Australia he married, and all his children were born in that colony. In Adelaide, under his management,

1650-465: The council was increased to 22 members, with half (11) to be elected at each election. The conservative members in the council were very independent, and differed markedly from their counterparts in the House of Assembly. During the long reign of Liberal and Country League (LCL) Premier Sir Thomas Playford , they would prove to be an irritant, and Labor support was sometimes required for bills to pass. When

1705-514: The council's rural bias as well as all restrictions on suffrage (other than the age of majority , though this was lowered from 21 to 18 years). Initially rejected by the council, the reform created a single statewide electorate of 22 members, with 11 being elected each time. It eventually passed with bipartisan support. The new council was designed to be deadlocked, and for a party majority to be hard to gain. Its proportional electoral system proved favourable to minor parties and they have usually held

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1760-457: The council. Following the similar Senate changes which took effect from the 2016 federal election , as of the 2018 state election , South Australia's single transferable vote in the proportionally represented upper house was changed from group voting tickets to optional preferential voting − instructions for above the line votes are to mark '1' and then further preferences are optional as opposed to preference flows from simply '1' above

1815-462: The formation of a constitution in South Australia to the attention of German settlers. He was elected a member of the Legislative Council for East Adelaide in 1851 and sat until 1857, when he was elected to the House of Assembly as member for City of Adelaide (9 March 1857 to 18 March 1860) and then for Light (19 March 1860 to 22 Apr 1862; and 17 November 1862 to 28 September 1865). He

1870-672: The high school at Bremen in Germany. At 17, he went to Brazil as a junior clerk and was there for about five years, in Bahia and Rio de Janeiro . In 1839, Francis joined his older brothers Hampden , Pelham and Frederick in Sydney , went overland to Melbourne , and followed mercantile pursuits for about 18 months He then joined his brother Frederick at Adelaide , in the colony of South Australia , and in 1842 or early in 1843, discovered copper at Kapunda , 45 miles north of Adelaide . He showed

1925-438: The line being determined by group voting tickets, while instructions for voters who instead opt to vote below the line are to provide at least 12 preferences as opposed to having to number all candidates, and with a savings provision to admit ballot papers which indicate at least 6 below the line preferences. Below is the history of the composition of the Legislative Council since the introduction of Proportional Representation at

1980-417: The new House of Assembly. While all adult males could vote in the new Assembly, the Council continued to limit voting rights to the wealthier classes; suffrage was male-only and dependent on certain property and wage requirements. The entire province was a single electorate for the Legislative Council, electing 18 members, with the scheme originally set up so that 6 members would be elected every 4 years to serve

2035-465: The other from all the Magistrates and numerous other residents of the district. Macdermott always took a very warm interest in religious matters, particularly in connection with the Church of England, of which he was a member. His long and honourable life was varied and eventful, and in compliance with the wishes of some members of his family, he three years later drew up a condensed account of his career, which

2090-405: The party line. The council contained none, and its members rebelled regularly against the decisions of the party leadership and the popular will of the people. Even after electoral legislation had been implemented in 1967 by Steele Hall that produced a fairer electoral system for the House of Assembly, the council remained a house of property. Under the original 1856 Constitution, the franchise

2145-437: The party's nominee for Legislative Council President. This was against the party's rules. The 22 seat upper house composition is therefore 8 Liberal on the government benches, 8 Labor on the opposition benches, and 5 to minor parties and 1 independent on the crossbench , consisting of 2 SA Best, 2 Green, 1 Advance SA and John Dawkins. The government would therefore require at least four additional non-government members to form

2200-478: The qualification of an occupier of a dwelling house was altered to include any inhabitant occupier, whether owner or tenant. In 1918, the right to vote for members of the upper house was extended to all those who had served in armed forced in the First World War. This was subsequently extended to Second World War veterans in 1940 and in 1969, it was simplified to apply to all Australian war veterans regardless of

2255-501: The reforms meant that the Governor no longer oversaw proceedings, with the role being filled by a Speaker who had been elected by the members. In 1856, the Legislative Council passed the Constitution Act 1856 (SA), which prepared what was to become the 1857 Constitution of South Australia . This laid out the means for true self-government, and created a bicameral system , which involved delegating most of its legislative powers to

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2310-460: The regulations, on account of property and servants be introduced into the colony. The first bank at Swan River was started through MacDermott's suggestion and exertions, backed up by colonists of influence and means, and he was appointed Manager. Five years afterwards the Bank of Australasia proposed to amalgamate with the local institution, and this being agreed, sent a Manager from London, who died before

2365-639: The same time, the electoral schedule was shifted so that half of the Council was elected at each House of Assembly election. Women earned the right to vote in the Council at the same time as the Assembly, in 1895 , the first Parliament in Australia to do so, under the radical Premier Charles Kingston . In 1902, following the Federation of Australia , the Constitution Act Amendment Act 1901 reduced

2420-403: The size of the legislative council from 24 back to 18 members - 6 from Central District and four each from Northern, North-Eastern and Southern districts. North-Eastern District was replaced by Midland District from the 1910 election, and the restricted franchise was extended to include ministers of religion, school head teachers, postmasters, railway stationmasters, and the officer in charge of

2475-519: The specimen he had found to Captain Charles Bagot , who produced a similar specimen that his son had found in the same locality. The land was purchased and samples were sent to England, which showed a high percentage of copper. Dutton visited England in 1845 and sold his interest in the mine for a large sum. While in London , he prepared for publication his South Australia and its Mines , a work of 360 pages,

2530-435: The time of voting, or containing a clause authorising the lessee to become the purchaser of the land thereby demised, or occupy a dwelling house of the clear annual value of Twenty-five Pounds sterling money." In 1907, the right to vote was extended to any person occupying a dwelling house, or "dwelling house and premises appurtenant thereto", with an annual rent of at least 17 pounds per annum (excluding any payment of rent by

2585-420: The war they served in. In 1969, the franchise was granted to any person who owned or rented property, regardless of the value of the property. Further, the franchise was extended to the wedded spouse of the owner or renter. Major changes came in 1973 under Don Dunstan . Dunstan, a social reformist, tired of the council's obstructionist attitude, and put forward bills for its reform. These changes would remove

2640-608: Was Commissioner of Crown Lands and Immigration in the Hanson government from 30 September 1857 to 2 June 1859, and was premier from 4 to 15 July 1863. He formed his second cabinet on 22 March 1865 and was premier and commissioner of public works until 20 September of the same year, when he became agent-general for South Australia in London. He was a good linguist, able to speak French, German, and Portuguese, and had an excellent knowledge of business. Dutton died on 25 January 1877. Dutton

2695-630: Was appointed a Special Magistrate, and presided at the Willunga and Morphett Vale Courts, till removed to the North, where he administered justice in the Local Courts of Redruth, Clare, Auburn, and Riverton. After 10 years' service as a Stipendiary Magistrate Macdennott retired, and received, on relinquishing his post, two gratifying addresses, one from the members of the bar practising in the Northern Courts, and

2750-789: Was made a Commander of the Order of St Michael and St George (CMG) in 1872. He was also a Fellow of the Geographical Society , Associate of the Institute of Civil Engineers , and a Member of both the Royal Institution of Great Britain and Colonial Institute . Dutton's Bluff, later Dutton Bluff, a hill some 66 km north-west of Quorn, was named for him and the Victorian government botanist named Eremophila duttonii in his honour. Dutton married Caroline MacDermott (ca.1822 – 1 June 1855),

2805-467: Was modified in 1985. The federal government of Bob Hawke had introduced a new single transferable vote system for the Australian Senate , enabling voters to choose between voting 'above the line' (for a single party preference ticket that ranked all candidates on the ballot paper in the party's preferred order) or 'below the line' and number all candidates in order of preference, on the ballot paper. The Bannon state government copied this arrangement for

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2860-406: Was originally appointed by the Governor (then Sir George Grey ), and only served in an advisory capacity, as the Governor retained almost all legislative powers. It was expanded slightly in 1843, when several prominent landowners were allowed to join. In the same year, proceedings were opened to the general public. Public demand for some form of representative government had been growing throughout

2915-633: Was printed exclusively for the use of his relatives and friends and obtained by the South Australian Advertiser. MacDermott was survived by a widow and three daughters. Their eldest daughter Caroline (ca.1822 – 1 June 1855) married Francis Dutton , C.M.G., (Premier of South Australia in the 1860s), and died many years before MacDermott, after giving birth to (later Sir) Frederick Dutton (14 April 1855 – c. 10 October 1930). South Australian Legislative Council Opposition (8) Crossbench (5) The Legislative Council , or upper house,

2970-514: Was restricted to men, "having a freehold estate in possession, either legal or equitable, situate within the said Province, of the clear value of Fifty Pounds sterling money above all charges and encumbrances affecting the same, or having a leasehold estate in possession, situate within the said Province, the lease thereof having been registered in the General Registry Office, for the registration of deeds, and having three years to run at

3025-499: Was with his regiment in various parts of the United Kingdom till the year 1829, when he resolved to sell out of the army and emigrate to Australia. In the following year MacDermott, with several other officers who had sold their commissions, emigrated to Western Australia , and he settled as an agriculturist on the Swan River , where he purchased 5,000 acres, having also the right to select a large block of over 20,000 acres, according to

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