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New Zealander, Volume 4, Issue 224, 22 July 1848, Page 1 (Supplement)

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doubt whether the principle of a general legislature could be introduced into the colony — an imitation, as it was supposed of the Biitish constitution, though it had not the slightest resemblance to the British con" stitu'ion. It was said, ihni it was an indefeasible ri» hi belonging to fiiilish subjects, when they went out to a colony, that they carried their constitution with them. Cut it wns impossible to transplant constitutions ; and when people talked of the Butikh constitution in the colonies, nil they talked of was, a representative House of Assembly and they considered that as the British constitution, forgetting that tkere was other important elements, namely, the Executive Minibteik of the Ciown und n House of Lords. Hr thought that the pioraulgation of his views l»y the noble Rirl, without a previous communication with the Governor of the colony, was an imprudent and a hasty act; until the noble Eurl had leceived fiom the Governor of the colony his expressed opinion that the time was ripe for carrying the measure iuto effect, it should not have been promulgited. Now the nobleEarlhad taken a contrary course. Fust he called upon Parliament to agree to this mensui c, and then he called upon Pailiament to interfere and suspend it, and to throw upon the Governor of the eo'nny the re-ponsibility, not merely of advising, but of introducing the change* subjecting him to all the prejudice and responsibility ot either refuting, or gianting, that which Her Majesty's government ought to do of themselves. Instead of dcßirmg the Governor of the colony to frame his own measure* and introduce them, he might have submitted them to her Maj city's government, and when it was deemed proper to introduce them into the colony, he bhould have done so, not by his own authority, but by that of Her Mujesty's government, which was more safe and satisfactory to act upon. Would the noble lord tell him whether the bill would have been required if the letters patent and instructions were repealed instead of being suspended ? Bail Grey whs understood to reply that the law officers of the crown had distinctly advised him that they could not be repealed without the sanction ot Parliament. Lord Sta*lby. — When the net provided that Her Majesty might giant the letters pa ent, and from time to time amend the instructions, it was difficult to conceive why she had not the power to repeal them. With regard then, to the repeal or suspension of the constitution, it would have been infiuitely more coavenii nt if it had been absolutely repealed thun suspended. The opble Earl said that in all other precedent** Parliament had proceeded by suspension. Those were ruses of exiting- institutions, but here were institutions only proposed to be eroded, but none exiuting. Talk of the British >coiiBtitu» tionl Tlrs was not a 13ruit.li constitution nt all. It was more like a French constitution; it was a repre» ecntative assembly, with an electoral chamber ; or it was a constitution which had never existed except in the mind of the noble Earl. He did not intend to offer any opposition to the second reading of the bill. He regretted that the proposition had not been to repeal, rather thun to suspend the constitution granted to New Zealand ; but as the noble Earl insisted upon the latter course, he would offer no objection. He believed that the less Parliament interler-d, anil the more the business ot the colonies was left to the Secretary ot State and to the Governors, the better would be the result ; mid at this was a move in the right direction, he would give his decided support to the bill, (Hear, Lea .) Earl WALDrcRAvc approved of the bill, and would vote for the serond reading, The Earl of S r. Gukmams was satisfied of the sound* ncai ot the principle of self-supporting colonies, and he had no doubt that New Zealand would eventually pi ovc itse'f fully capable of exercising the advantages and privicges which the noble Earl proposed, after a season, to extend to it. He believed that there had in this case been many and «eripus difficulties to encounter and to overcome, but he was also convinced that under the Governorship of Cap t. Grey, New Zealand had b( en making the most rapid progress in all matclial civilization. I here was great credit due to the noble Eail for the spirit he had shown in his dealings with th.it colony, and he (the Earl of St- Germans) had no doubt that, whatever might have been his origi. nal convictions, he had felt himself bound to act, in biispcndiug the constitution) in accordance with the advice of those member-) of the Executive icsidcnt upon the spot. The evidence which had been biought forward on the subject would seem to show the wisdom of the couise taken in the ease of the northern portion of the colony, but he thought that an exception might fairly have been taken with respect to tne southern districts. E.irl Gnnv replied. The sucgestion thrown out by the noble Earl (the Earl of St. Germans) had been anticipated- It would be left entirely to the discretion of the Governor to decide whether or not the constitution should be extended to the southern distnet before the expiration ot the term of five years- The Crown was the trustee of all land for the population, white or lolouted 'Ihe natives were entitled to such lands as they had been accustomed to enjoy, or a» wer e necessary for theii living ; but whatever wab not waut" «1 by them should he applied to the service t/f civilized men. Ihe bill was then read a / second time'J heir lordships adjourned at 8 o'clock.