THE NEW INSTRUCTIONS

New Zealander, Volume 5, Issue 404, 27 February 1850, Page 3

THE NEW INSTRUCTIONS

TO THE GOVERNOR O» THE CAPS OF GOOD HOPE, ANB THE DlFFirui/TIBS THEY MOST CAUSE IN THE SYSTEM OF TRANSPORTATION.

(From Bell's Weekly Messenger, Sept. 22.) Whatever censure may juitly be due to the Whig Ministers for the ill-judged and precipitate measure! by which they have successively disturbed nearly all our colonies, it must, be acknowledged, on the other side, tbat they are equally hasty in endeavouring to repair the mischief, and that we cannot fairly charge them with the concurrent evils of obstinacy and error. The dispatches from the Governor of the Cape had scarcely reached the office of the Colonial Secretary when Lord Grey, with such of the Ministers as were in town, applied themselves to take the diiaStroui intelligence into consideration, and to come to an immediate decision what course of policy should be carried out—whether that of enforcing the orders of the Government, confirmed as they previously had been by a vote and resolution of the House of Commons or that of conceding to the colonists, and revoking the orders, under the apprehension of costs and consequences which might be much beyond the value of the object sought. The object sought was the progressive reform of junior criminals ; first, by a probationary state of discipline and punishment at home ; and secondly, to be concluded by a supplemental punishment in enforced labour abroad — these two intervals of punishment to make up that amount of penal infliction which is neceisary to deter from crimes, whilst the discipline and milder mode of transportation were intended to reform the criminal. Now all this is worth something, and therefore was not to be lightly abandoned by the Government. On the other hand, the probable cost and consequences of enforcing this system on the excited inhabitants of the Cape would be another guneral insurrection, which would bring us into the dilemma, either of defending the Cape at the cost of about two millions sterling, beyond the two we have so recently paid for the Kaffir war, or of abandoning the Cape altogether, became the retention of it is not worth this expenditure. Such was the subject of deliberation— not in a Cabinet Council, for there was not Privy Councillors "enough in town to summon one— but in a meeting of Lord Grey's private friends, and of such of the official men as were in London which was held immediately upon the arrival of the Cape despatches on Saturday lait. The matter was of course debated with the deliberation due to its importance, and doubtlois with a double portion of attention given to

the consideration as to the effect of concession upon, our other colonies, namely, of any concession mada to a colony in absolute insurrection againit the Goverment, whilst so many other colonies are also upon the very verge of adopting the same conduct. We confeis that this circumstance appears to us to constitute the main difficulty of Ibe whole affair. It goes rather against our feelings to employ words which may appear too strong for the occasion, and therefore, putting aside the very serious term*, " the insurrection of the Cape," we will call it by the softer name which the French journals have given us— the Cape emeute. Supposing, then, that our Government conceded to this movement all which the people concerned in it demand, what will be the immediate effect of the example on Canada, and more especially upon our West Indian colonies i Will the latter colonies pay one shilling towards the expenses of their own civil government ?— will they pats a single bill introduced by the Governor, until all they are asking shall be granted to them ? Will they not abolish at once the whole of that portion of the Civil-list allowance which is apportioned to them, aud the whole of the Colonial Pension List, which (at the expense of the colonists) the Crown is now empowered to confer upon the servants of its own household ? In plaia words, will Canada and Jamaica abstain from availing themselves of this example of successful rebellion, and will it bo. wholly lost even upon Australia itself? The meeting at Ltfrd Grey's office on Saturday last was held to determine these points, and the result was that an instruction w«s instantly is3ued to the Board of Admiralty to transmit orden to the Port Admiral at Portsmouth, to prepare for tea H. M. steamer Hecatt with the utmost possible speed, in order to carry despatches to the Governor of the Cape. These orders, as we understand, were obeyed with so much alacrity, that the steamer was reported ready on the following day, and was about to sail forthwith for the Cape direct, when another dispatch was sent off to recal it, until further orders. About two days after it appears that a Cabinet Council was hastily summoned by ths Premier, and that other instructions were immediately prepared ; and another vessel, the steam-sloop Hecla, was ordered to be got in readiness to bear them, to the Governor of the Cape. It would of course be most absurd for any private authority whatever to assume to state any particulars which passed in the Privy Council, where every member is necessarily one of the first personages in the State, and it also expressly iworn to secrecy. But the ■Ministers themselves (without any reference to their Cabinet Councils) are in the known habit of communicating their measures, through certain channels, in order to prepare the public mind, or in some degree to meet the public wishei. Now we think we can collect from these channel and current reports, that the instructions to Sir Harry Smith, in substance, are, that the convicts are to be finally sent to some other destination, and that the Government, having been duly informed of the strong objection of the colony to receive the convicts, no longer entertain any purpose of offending the public voice and feeling, and that therefore no convicts, in future, will be sent to the Cape. It is probably added to the Governor's instructions, that he will be careful to remind the colonists of their equal interest and obligation to pay a respectful obedience to, the Queen's commands and to the resolutions and acts of the Legislature at Home — that the defence of the colony in the Kaffir war hai already cost Great Britain upwards of two millions sterling, and that her Majesty and her British dominions neither have received, nor can expect to receive, any other return or compensation for such an expenditure, than in the faithful obedience of her snbjects in the Cape, That the Cape has nothing else to pay, and therefore that if this be withheld the Cape must be prepared to abide by any resolution which the Queen and the Parliament might take to withdraw all further care and concern, all civil government and military protection, from a colony wilfully fruitless and thankless— requiring all the cost of civil institutions and military defence, and giving nothing whatever in return; We entertain no doubt but that such, is the correct statement both of the course of policy which the Government has adopted, and of the general tone of the instructions sent to the Governor. The character of the occasion, indeed, calls both for such instructions and such aa »dmonitory law. It was certainly a most injudicious measure to venture to send these convicts, without any previous, consent of the colonists, to a colony hitherto untainted with these criminal transports. If any man had consulted merely his own feelings under such circumstances— we mean putting himself in the person of an inhabitant of the Cape— he must have felt how obnoxious such on infliction must have been. So far, therefore it is impossible not: to admit the ceniure directed upon Lord Grey. But, on the other hand, we must be careful even in repairing our errors— not to relax too much the salutary influence of authority. An angry and impatient master must not bumble himself too much in his acknowledgments to a servant, whom he has treated a little too hastily ; and therefore, whilst we give the colonists all that they ought to receive, we. muit do it as not to encourage the entire dissolution of the superiority which a supreme Legislature must hold over its Dependencies. After we have made our amends in repairing our error, we have done all that belongs to us. — We must then require our colony to return to its own duty and relative position. There is however one further difficulty in this ques* tion — it is, what is to be done wiih our transports if all our colonies shall refuse to receive them ; and howis the progressive reformation of our junior criminal* — which it confessedly a matter of great public im* portance— -to be carried out and accomplished 1 We think that the only answer is, that we must procure other islands, of which there are many in the vast extent of the Southern Seas. We must take one oc more, by purchase or right of first occupancy, of these islands, and classify our convicti accordingly. Wa must establish and settle theie new discoveries or acquisitions at once as Crown and penal colonies ; and if we admit of any free settlers, they must understand that their settlement is permitted under this condition. We must employ more of our criminal! in public works, and ssnd the more desperate of thorn, only to remoter settlements. For the worst species of our criminals — house-breakers, highway robbers, forgers, and confirmed and incorrigible thieves— no punishment has been found more effectual, that is, more dreaded by the felons themselves, than the hulks ; aud if contamination is to be feared in such a clais by the multitude imprisoned together, it may be prevented with little difficulty — indeed, we believe it is ■o— by separation, and by discipline exercised and lequired. 'v Foi political criminals, why not send them to the Island of St. Helena ? — indeed why not at once send thither the young convicts which the inhabitants of tl>u Cape refuse to leceive ? We have no doubt but that our Danish or Swedish friends would willingly sell us an island or two on their respective coasti for this purpose, on no other condition than* that we should gtf&td our prisoner* from escape. Ib-a word, we can see no practical difficulty in the. case}, and in thtt preittut state of the world, we can entertain no further 'doubt hat transportation on the old system muit be abandoned