Mr. J. P. Pawkner then popped forward, and entreated the meeting to pause before going further. H e asked them to consider whether it would not be better to do nothing than continue the sham of sending members to Sydney — a course which had been more injurious than beneficial to the District. One of two things ought to be done: Elect no one under the writ, or return five Port Phillippians, who would pledge themselves not to attend the Legislative sittings. To go on doing as had been done for years was helping the Sydney Legislature to plunder this Province of the money to which it was equitably entitled. This suggestion was received with a loud expression of approval, and Mr. Edward Curr, whilst agreeing with Mr. Fawkner, was disposed to make exception in favour of Mr. Foster on account of past services. This view was also upheld by Messrs. Colin Campbell and C. H. Ebden, whilst Dr. M'Arthur, Mr. W. Kerr, and others submitted that the principle sought to be established would be destroyed if Mr. Foster were elected.
Mr. J. B. Were moved an adjournment of the proceedings, which was seconded by Mr. Fawkner. Mr. Foster spoke in opposition to adjournment, and was followed by Captain Cole, who, in an energetic strain of brusque and uncompromising energy, went in strongly for absolute and total non-election. Several gentlemen gathered around Foster (who appeared considerably chagrined and disappointed at the turn of affairs), and prevailed upon him to consent to the withdrawal of his nomination. Foster acquiesced with both a wry face and a bad grace, and Mr. Edward Curr, advancing to the verge of the hustings, in a loud voice exclaimed: "This day has produced the most gratifying act of public virtue ever witnessed in Port Phillip, when every man did away with his ambition either in duty to himself or his friends in Sydney. He was truly proud of it."
The Returning Officer at length peremptorily demanded if there were any candidates to be proposed, and was answered by loud and general shouts of "No, no." He then declared it to be his duty, it being an hour after the time, to make his return accordingly. The day's doings terminated with cheers for the Returning Officer, cheers for "Non-election," and cheers for everyone, a species of shouting "hands all round."
As soon as people had leisure to quietly reflect, public opinion was divided as to the effect of such a line of policy. It was most unequivocally condemned by some as a mere Quixotic freak, calculated to retard instead of promote the interests of the Province; whilst others, and certainly the sounder thinkers of the time, approved it as a strategic feat, the important results of which yvould yet more than amply justify it. A difficulty now arose as to how the "Non-election" theory could be successfully applied at the approaching election for the City. If unanimity prevailed of course it could be easily done; but divided counsels would render this impossible, for any two electors could place a candidate in nomination, and any six could force the same, nolens volens, to a poll. As a general consent could not be procured, it was agreed, if possible, to nullify the election by the indirect mode of returning some person who would be unable to take the seat; and this is the way in which Melbourne attained the distinguished honour of having for its first City Member no less a personage than
Earl Grey.
Dr. Palmer (the Mayor) acted as Returning Officer, and the nomination was held at the site of the present Town Hall, on the 25th July, 1848. Dr. Greeves (then an Alderman) opened the ball by speaking in eulogistic terms of the late member (Mr. Robinson), and regretting that, under existing circumstances, it would be extremely impolitic to re-elect him to the position, a compliment otherwise well deserved. But, as he thought it was their bounden duty to uphold the principle enunciated and acted upon at the District Election, he begged to say that if any person proposed a candidate he (Dr. Greeves) should most assuredly nominate Earl Grey, the Secretary of State for the Colonies. This intimation was received with loud cheers, intermingled with expressions of dissent.
Mr. J. P. Fawkner spoke to the same effect.
Mr. Edward Curr, in strong and eloquent terms, entreated the meeting not to destroy the moral effect of what had been done in reference to the election for the District.
After a brief delay, Mr. A. F. Mollison, in the midst of a hurricane of hisses and cheers, proposed Mr. J. L. Foster, which was seconded by Mr. John Duerdin.
