THE NEW ZEALAND BILL. (From the Morning Chronicle, February 10.)

New Zealander, Volume 4, Issue 219, 5 July 1848, Page 3

THE NEW ZEALAND BILL. (From the Morning Chronicle, February 10.)

Few specimens of what thu* late Mr. Bentham was wont to call codification, have excited greater admiration on their first appearance than did ihe constitution conferred upon Nfw Zealand. As a piece of constitutional machinery it was deemed to be all but perfect. At home, people could not sufficiently express their amazement that so well considered a work of legislation had issued from what had been so long looked upon as a hot-bed of bungling, quarrelling, and every description of mismanagement— the Colonial Office. Tne political savans of the Continent were loud in their praise of the wisdom and magnanimity of the British nation, in bestowing;, at the first burst, a full-grown constitution upon the youngest, least developed, and most distant of its depeudemies. Some of our oldest colonies were actually quite jealous of the New Zealanders, and expressed their anxiety to have a similar boon conferred upon themselves as speedily as possible. So powerful are the attractions which a bare theory can exercise upon the most practical persons, if more than ordinary talent be employed in committing it to paper, The New Zealand constitution was very cleveily contrived, and its attrac'iveness was increased by the unusual compactness, lucidity, and precision evinced in its details. It was altogether a harmonious piece of work, possessed many excellencies, and no doubt, when the colony is in a better condition to profit by its provisions, it may, with certain modifications, be hereafter applied to some useful purpose. To the admiration expressed for this unusual and, as some though , rather daring experiment in colonial legislation, there was from the first one remarkable and unfoitunate exception. Every body was pleased with it except the people for whom it was intended. Its announcement (.in New Zealand created the greatest excitement and distrust among the native population ; while, on the other hand, the Governor of that colony, the ablest man, without disparagement to others engaged in our colonial administration, anywhere, the man to whom the present pacification and prosperity of the colony are principally due, declared that for his part he could not undertake to govern the colony successfully under the system proposed to be introduced, that if the experiment was tried, he could no longer answer either for the prosperity or tranquillity of the country. The remonstrances of such a man, supported as they were by facts and arguments of the most convincing character, could not be neglected. The constitution granted to the colony of New Zealand is to be suspended for five years. No one that we are aware of has advanced any valid objections to the propriety of this suspension. The only difference of-opinion being, that some, like Mr. Gladstone, would prefer that the constitution was abolished, instead of being suspended. But Mr. Labouchere is undoubtedly right as to the general question when he says, " that Parliament having pionouneed an opinion on a point on which it was competent to pronounce one, should not now take any part that would have the effect of throwing doubt on a question that was considered a settled." It is clear that if Pdiliament weie to make it a practice to revoke all the colonial chaiters that did not give peifeet satisfaction at their first promulgation, and to pull to pieces

all the constitutions that did not work smoothly at first going off, there would he no end to legislative inikermt,' ; and that nothing done for the colonies would have that character of certainty and permanence which is especially desirahle in legislating for infant communities. The habits and institutions of the New Zcalanders above all people, arc in a state of rapid giowth. So extraordinary — we might say so unexampled in ihe history of the world— are their faculties of civilization, so rapidly do they appiopnate and familial ise themselves with European ideas, inventions, and habits, that it is impossible to hay that the constitution which is perfectly impracticable among them at piesent may not suit them tolerably well alter the lapse of a \ciy few years. Meantime, it is pioposed to allow the Govanoi of the colony the power of tiying the expeiiincnt even befoie the expiration of tlr.' live jcais, it he should deem it expedient. Should Captain Gioy continue, as we hope he will, to administer the ufl'iirs of the colony for that time, his discretion m;iy be ftilly relied on (o make the experiment only when aid where there ii some chance of its being successful. Nay, we would s«y in addition, that if Governor Grey should at some future tinis suggest alteidtions in the charter, calculated to obviate the defects which he has already pointed out in it, Parliament would do well to bestow upon the matter their most attentive consideration. It does appear to U 9 thai the principal defects vv uch Governor Grey has pointed out might be vey eas ly remedied, and that such a revision of the charter, as> soon as there is time for it — which as yet there has not been — would be much better than either its renewed suspension, which might otherwise be found necessary, or its abolition. Some provision might at the same time be made for the more gradual introduction of the constitution into those provinces of the colony where the state of society may be ripe for it, and where the amalgamation of the aborigines with the settlers is further advanced than there is any prospect of its being for some time to come. Governor Grty cannot for ever remain in the colony, of which he must bo tegarded as the real founder. Much may lafely be left to his diicretion thot another would not be competent to decide upon. But we think that Government are bound to call upon Captain Giey, and other competent persom, for additional information as to the defects of the charter, as regards the peculiar characteristics of the people for whom it was intended. And next session, when this information has been laid befoi c it, it will be the duty of Parliament to revise tin 1 New ZealanJ charter, if necessary, and leave it in fit condition for practical use, whm the teini of its suspension shall have expired. As regards the debate in the House of Commons last night, Lord Lincoln most correctly cha-ficleri&id it as " a very interesting discussion upon the affairs of NewZ-'alnnd, but no discussion whatevei on the men c of the bill itself" It will, however, be regarded as highly satisfactory in this countiy, and will have a most powerful tendeucy to calm the apprehensions and the distrust of the charier entertained by the natives, that Mr. Labouchere has expressed in such decided terms the resolution of the Government faithfully to observe the treaty of Waitangi, and to put the most liberal interpretation on such of its provisions as admit of a double interpretation. Nothing is so important for preserving the peace of the colony, and consolidating the union of the two faces, as impressing the natives with the fullest possible reliance on the good faith of the British Government. Ceitain Liteiested parties, •mt natives, may possibly take extreme vi ws of wiiat the treaty did admit to be the undoubted property of the natives ; ana Mr. Labouchere has exposed sulnciently the falhcy of these extreme v^w*. But cuie must be taken, on the other hand, not tj cs nuate by anything of an E glish or European standard the actual requisition! of the native population. Thehibits and tbe piejudices of the natives and their chiefs must be taken into accouat. The want of agricultural skill in the people generally, in const quence of which tliey exhaust their land in the couise ol three or four ycais, and the territorial pride of their chiefs, who natuially wish to retain some remnants of tbe great bunting grounds of which the) wera bo lately the undisputed lords, must be allowed for. Wh^re there is surh an abundance of land, and so distant a prospect of any population growing upon it at all adequate to its capacities, it would be the height of absurdity, as well as imprudence, to higgle with the natives, or to attempt prematurely to luirow their clajms to what in a more crowded country might be deemed a most liberal allowance for them. They aie a noble and high spirited race ; they have a profound seii3e of their own rights, and are well able to revenge themselves if those rights are not treated with respect. Care must bo taken that no outrecuidance on the part of the British settler! shall transform what is now the mobt promising of our colonies into another Caffrana.