The New-Zealander.

New Zealander, Volume 5, Issue 342, 16 August 1849, Page 2

The New-Zealander.

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THURSDAY, AUGUST Iff , 1819.

The " Spec," Captain Dicey, called at this poit yesterday, on her way to California, having sailed from Sjdney on the 27th of last month, ■with 60 passengers. As might be supposed she has brought no mail ; but, by the kindness of Captain Hough and Mr. Lewis, we have seen the Sydney Ho aid of the 24th and 27th ult "We take fiom these papeis the following items of intelligence The war rashly re -commenced by the King of Sardinia in Italy has come to a more speedy termination than was expected, and the issue has pro\ed most disa.stioiis to him. Charles Albert has not only been beaten in the field, tut has subsequently found it necessary to abdicate his tin one in fa\oui of bis son, and fly to Fiance. Victor Kmanuel, the new king of Sardinia bad concluded an armistice with the commander of the Austrian forces, with a view to fmthcr negociations, winch, accoiding to the anticipation expressed by Loid Lansdowne in the House of Lords, might probably lead to a permanenfpeace. But in the Chamber of Deputies at Tui in, the reading of the armistice was leceivedwith " an absolute tempest of tumult," and the Chambei declared Il'I 1 ' at "the armistice •was unconstitutional, and that the executive power could not, without violating the statutes, carry it into execution." The hostilities between Denmark and the Duchies of Sclilesuig-llolstein had re-com-menced. On the Gth of April the Danes sustained a very serious loss at Kckernsforde. A long debate took place in the House of Commons on the Kith of April, on a motion by Mr. ficott for a select committee to inquire in1o the political and financial relations between Great Britain and her dependencies, with a view to reduce the charges on the British TreaMiry, and to enlarge the functions of the Colonial Legislatures." Mr. Hawes replied at great length. We have only space to state the result, which was the rejection of the motion by a majority of 47, the numbers being, l ? or it, 34 ; Against it, 81. The Times of the 18th of April had been received at Sydney. It contained papers from Bombay to the 17th March. Further and lengthened details respecting the battle of Goojerat were giv? n, including the return of the killed and wounded, of which General Gough says, — " lam sorry io see it is so much heavier than lat first anticipated. Several of these were occasioned by the accidental explosions of the enemy's tumbrils and magazines after the action." It was expected that the Sikh chiefs, who had twice sent Major Lawrence to treat for them, would submit to the only terms proposed to them, — an unconditional surrender. It was said that Lord Gough had sent in his resignation. No decision had been arrived at respecting the annexation of the Punjaub. India, generally, was tranquil and contented. Sir J. Littler had lie en appointed President of the Council of India, and Deputy Governor of Bengal, in the room of Sir T. H. Maddock, who had retired. The brig " Susan" was the only vessel laid on to sail immediately from Sydney for Auckland. She was loading, and was to sail on the 4th instant. The " Inchinnan" was to sail on the 15th (yesterday).

The important subject of the proposed introduction of " Exiles " from Great , Britain into this Colony, was brought under the consideration of the Legislative Council, on Thursday, by Mr. Merriman, who moved that the Council should resolve itself into Committee, with the view of adopting resolutions protesting against any such procedure. After a discussion, fraught with deep interest, and conducted with much ability, especially by the lion. Mover, the Attorney General, and the Governor-in-Chief, the motion was unanimously agreed to, and Tuesday next was fixed on for the committee. The arguments on the question, which were clearly, cogently, and as we think, conclusively stated, were to this effect ; — Distinct pledges have been repeatedly given by the Home Government, that, whatever course might be pursued with regard to other colonies, New Zealand should not be made a receptacle for men banished by law from their own country on account of their crimes. "Relying on these pledges, many have, for that very reason, chosen this as their home, in preference to other fields for immigration. The introduction of "Exiles" would therefore be not only a disappointment and wrong to such parties, but a breach of faith derogatory to the honour of English nile. But, apart from this special ground of protest, there are objections of the strongest force. The effect of congregating a large number of convicts would be most injurious both to the rolonists and to the aboriginal inhabitants.

The scheme i > been defended as leading to an advantageous addition of efficient labourers, where they are confessedly much needed ; and a valuable augmentation of the land fund. But these are deceptive pleas. Convicts, after a long voyage, and the previous restraints under which they were placed, would be but little disposed to submit either to the regulations under which they would be required to labour, or to the taxation by which a portion of their wages would be appropriated to any public fund. This country afFoids more than ordinary facilities for desertion ; a fact which is notoriously exemplified in the case of soldiers, who desert so frequently, notwithstanding the strict guard under which military regulations place them ; and it is obvious that convicts would be far more likely to avail themselves of those numerous opportunities of escape into the bush, which no practiticable amount of surveillance could adequately guard against. Let loose upon the country, they would in a vast number of instances, as experience has proved in other colonies, not only relapse into their former evil habits, but become worse than befoie; and, as" evil communications corrupt good manners," they would be not only vicious themselves, but the agents of spreading fatal and extensive contamination around them. To the colonists, increased insecurity of life and property would be a speedy xesult. On the Natives — and particularly on the native women — the effect would be still more disastrous. However nearly the balance between the sexes may have hitherto been maintained amongst the European inhabitants here, it would then, be overturned even as respected them ; and already, it is known, there is a comparative paucity of females amongst the aborigines. It needs no proof, that under such circumstances, gross immoralities would almost inevitably prevail ; the character of the native females would rapidly become more and more corrupt ; and according to a well established law of population, a sure and probably not slow consequence of the promiscuous intercourse that might be looked for, would be a decrease, tending to an extinction, of the native race. Crime, which does not now exist in this colony to any great amount as compared with other countries, would be augmented by the contagious example of practised criminals, whose reformation here it would, generally speaking, be vain to anticipate. Both their labour and their good conduct in the preparatory stages of penal discipline through which they may have passed at home, were in a great degree compulsory , here, the controlling power would cease to check them, for no such staff could be maintained as would be necessary to keep a large body of exiles within moral bounds, or to impait to them reformatory instruction. The history of the " Parkhurst Itoys " furnishes an illustration in point. However fully and readily it may be admitted that some of those " Boys " turned out well, and fairly acquired for themselves a creditable position in society which they still retain, yet it is undoubted that numbers of them relapsed into crime, and corrupted others, until their name passed almost into a proverb for lawlessness and vice. An incidental consideration, not unworthy of attention, is the bearing which a large mingling of convicts with the masses of the people might have upon that introduction of Representative Institutions in the Colony which is so anxiously looked for by many. It is too plain to need proof that the " exiles" would not generally be characterised by the qualities of loyalty, order, and good citizenship ; and that their presence would bring in a new and dangerous political element, which, if it did not retard the establishment, might disorder the working, of any safe system of Representative Government that could be devised. Such being the case, it was to be expected that a strong and general burst of opposition to the introduction of convicts into this colony would be called forth by even a rumour that such a step was contemplated. The replies to the Circular asking information on the subject abundantly attest the universality of this feeling. Ministers of religion denounced the scheme on moral and religious grounds : — those entrusted with the administration of the laws set forth its sure tendency to increase the amount aud deepen the gavity of crime in the colony ;—; — the Attorney-General having enbodied his opposition in a comprehensive and forcible document, which he read on Tuesday, and which will be found in another column, and the Magistrates having almost unanimously (there were only three exceptions) declared against it : — the Natives have forwarded several earnest and touching petitions to the same effect : — the Governor-in-Chief added the weight of his judgment and influence to the popular voice : — and it only remained for the General Legislative Council to record officially and collectively (as probably all its members have already done individually) its decision, in order to complete the protest on the part of all ranks aud classes in the country. But no effort could be too great to avert an evil of such magnitude as that which was threatened. We may hope, however, that now the danger has been effectually confronted ; for we cannot suppose the Government so infatuated as to attempt to force a convict importation on our colony after the demonstration which has been made, and the arguments

(such as those of which we have given an epitome), which have been urged against it. Towards the close of the discussion a new and striking feature of the subject was brought forward by the Governor, who suggested the feasibility and propriety of a plan by which New Zealand might take charge of its own convicts, cany out their punishment, and attempt their reformation, without casting the refuse lof its population on other colonies in the way in which it is feared lest England should cast her criminals upon us. The details of such a plan may possibly be complicated witli difficulties which do not at once appear; but the outline idea seems to us just, humane, and statesmanlike. Great Britain at present pays for the punishment, and is required to provide places for the banishment, of our convicts as well as of her own. This, however, seems evidently a charge which the colony might be expected to take upon itself. The extent of our islands, the means of employment abounding already, and likely, we trust, to be rapidly multiplied, with other circumstances in our position and prospects, would render this an eminently suitable field for such an experiment. Having adopted some such plan as this, New Zealand might with a yet more unhesitating voice protest against any importation of British and Irish convictism to her shores, and would set an example which if followed by other colonies might not only effect much temporary good to those immediately concerned, but go far towards a practical solution of some of the most difficult problems which embarrass what has been aptly called " the Science of Crime and Punishment."

We can scarcely apply the term " debate " to the discussion which arose on Tuesday, on the Surveyor-General's motion for the extension to the Presbyterian and Wesleyan Churches of the privileges in relation to the celebration of the marriage rite which are enjoyed by the chnrches of England and Rome ; for there was an agreement on the main features of the question which was more harmonious than we had ventured to anticipate. We knew indeed that no satisfactory vindication of the exclusive provisions of the Ordinance could be offered ; but we are gratified that it was not even attempted in this instance to defend the indefensible or " make the worse appear the better reason." We may possibly return to one or two points in the discussion, on which we should like to say more than we can conveniently find room f»r to-day. We must content ourselves for the present with stating how the matter now stands, —the Surveyor-General's motion having been withdrawn, as will be seen by our Report. — Actual legislation on the subject has been postponed, partly because the Council now assembled, though technically a " General" Council' does not include members from the Southern Province, and has been called together mainly for the consideration of the Crown Titles' Bill ; but chiefly because the Governor desires to introduce a Marriage law which will reach beyond the Churches which have now specifically sought relief ; and will be so constructed as to include all the Christian bodies who are or may be in the colony. Hia project is to retain as a statute of general regulations, the present Ordinance with the exception of the portion which invidiously places two denominations above their fellows ; and to add a new and seperate Bill, extending the powers necessary for a legal celebration of marriage, on terms of full equality,to all ministers of recognised religious communities who shall have congregations amounting to a certain number of householders — foity being, we believe, spoken of as that number. To meet cases which in a mission-country like this may frequently occur, there is to be a proviso, however, authorising the Governor to confer the same authority on duly accredited ministers, although they may not yet have obtained the required number in their congregations. His Excellency has given a public and unqualified engagement that the bill or bills for effecting these objects shall l»e prepared at the earliest date consistent with a due consideration of the subject ; and that they shall be published in snfficient time to admit of their being examined and discussed by all concerned, before the meeting of the next Legislative Council, at which they are to be pioposed for adoption. Meanwhile, to alleviate the hardships now admitted on all hands to exist, he declares his willingness to appoint Ministers of the various Churches to the temporary office of Deputy Registrars of Marriages in their respective districts, thus enabMng parties to obtain, at home, and from their own pastors, the legal sanction for marriage which many of them are now obliged to seek at a distance, and through the administration of strangers. All things considered, we regard this arrangement as satisfactory so far as it goes, and one which, on the whole, should be generally acquiesced in as being a considerable instalment — with as much security as under the circumstances can he obtained for the full discharge — of the whole debt of justice in the matter. We wish it to be distinctly under- | stood, however, that we express this opinion, on the supposition that the present plan of relief is designed to be no more than honu fide an interim measure — a tempo raiy arrangement to lighten the burden imposed by the Ordinance, until the most

effectual means for its total and final removal can be brought into operation. So fai from retracting any thing we have said against the exclusivism of the Ordinance, as it is, we reiterate the declaration of our uncompromising and insuperable hostility to it. We make no concession, enter into no truce, with the intolerance and wrong, which, whether intentionally or unintentionally, it deraonstrably embodies. And,— we need scarcely add, — we shall hold ourselves at the most entire liberty to scrutinize the promised measure whenever it. shall come before us, and to deal with it freely and honestly according to its own merits.