Results of the 1848 New South Wales colonial election
Colonial election for New South Wales, Australia in 1848
The 1848 New South Wales colonial election was held between 29 July and 2 August.[1] No candidates were nominated for Port Phillip as a result of the campaign for independence from New South Wales,[2] and a fresh writ was issued for an election on 3 October.[3]
The election of James Martin was declared void on the grounds that he was not qualified to stand;[8][9] however, he was re-elected unopposed.[10] Martin subsequently sued the Speaker of the Legislative Council, Charles Nicholson and the Sergeant at Arms, William Christie, for trespass for having him removed when there had been no decision of the Electoral Court in accordance with the Electoral Act 1843.[11] The Full Court of the Supreme Court held that under the Electoral Act 1843 it was only the Electoral Court that could determine there was a vacancy and not the Governor.[12]
On 26 July 1848, the day prescribed for nominations, Stuart Donaldson and Andrew Lang were nominated. A show of hands was in favour of Donaldson and Lang demanded a poll. The returning officer had neglected to make any preparations for a poll and so declared Donaldson elected.[16] Donaldson attempted to resign on 16 August.[17] The election was declared void by the court of disputed returns and a new writ issued.[18]
Earl Grey, the Colonial Secretary in London, had never set foot in the colony and there was no suggestion he met the property requirement for election. He was nominated and elected as part of the campaign for independence, protesting against government by New South Wales.[24]
The original polling day was 27 July;[1] however, no candidates were nominated for Port Phillip as a result of the campaign for independence from New South Wales.[2] A further writ was issued on 25 August.[3]
