MEMORIAL FROM NEW SOUTH WALES ON THE NEW AUSTRALIAN CONSTITUTION.

New Zealander, Volume 5, Issue 415, 6 April 1850, Page 3

MEMORIAL FROM NEW SOUTH WALES ON THE NEW AUSTRALIAN CONSTITUTION.

To the Bight Honorable Her Majesty's Principal Secretary of Mate lor tLe Colonies &c, &c, &c. The Memorial of rhe u >der f iirned Colonists of New South Wall s, Shewtth, Tnat ymr memoriili^ts having a deep intereit in the welfare of the colony of N w S. uth Wales, beg Seave reipectfully to uibmit for your Lor.ishif's con•ideration certain alterations which they conceive to be necessary in the proposed Act lor regulating the government of the Australian colonies. That your memorialists are most anxious that this colony should obtain a form of government in which all daises and interests of the community may be fail ly represented, and which shall retemblr the British Constitution as closely as the circumstances of the colony will allow. Your memorialists therefore submit that the government of New South Wales should be vested in three estalei — a Governor, to be appointed and paid by the crown; a Legislative Council, to be composed of member! appointed for life by the Crown and of exofficio me burs in the proportion of uot more than one in four; and a House of Assembly, to be elected by the colonists. Your memorialists deem it of thehigheit importance to protect the colony against r..sh and hasty legislation by the interposition of a second chamber, and aie of opinion that this step in the progress of constitutional government, which has from the first been contemplated, ought no longer to be ddeired, whilst they ennnot but leel apprehensive that it left dependent on the will of the Legislative Council, as now constituted, it may, from obvious causes be indefinitely postponed. Your memorialists fuither submit, that the audit of the Customs receipts and expenditure should take place in the colony, aud that the charges incmieaiu the collectioo of that and every other branch of therevenue, including the land fund, as well as expenditure of the net revenues of the colony, should be placed under the contr< 1 of the Colonial Legislate, which in teturn should make pr< vision fur areaionahie civil list. Your memorialists moit strongly urge that the adnp. tion *>f any less liberal measures would be impolitic, injurious to this colony, and destructive of the kindly feelingi which now bind the colonists to the parent state, and which they are most anxious to perpetuate. Your memorialist* would also represent that the Colonial Legislature ii clearly entitled to the administration of the waste lands of the colony i and that the moit certain course to ensure an economical and judicious employment of thoie lands for the national benefit will be, to confide their management to those who are the best acquainted with their value, and the most deeply interested in their profitable adminiit ration. Your memorialist are alt>o impreibed with the sound policy uf intruiting to the Governor for the time beii q the patronage of official appointments, and would str> ngly urge that all vacancies, as far as conveniently may be, should be nl ed up from amongst the inhabitants of the colony. Your nicoQorialids finally would tuggest, that the proposed Act ef Parliament ought, ai tar as possible, to contain within itself, and clearly define the future con' 6titutiou of the colony, without unnecessary reference to former Acts of Parliament. And your memorialists, &c. The Sydney Herald has a long article on this Memorial, of which the following are the principal pas•agei :— It u to be regretted tbat this movement has been so long delayed, as there ii now barely time to got the Memorial into the hands of Earl Grey before an advanced period of tbe Beiiion •, end it will be remembered that both bil Lordship xn the upper Uovtt, and

bis Undersecretary in the House of Commons, distioctly pledged the Governmeut to have the measure brought in at an early period. There is reason to apprehend, therefore, that however expeditiously this appeal may be signed, and despatched to its destination, it will be too late. Thii procrastination i« to be regretted the more, because the suggestions given iv the Memorial are for the most part exceedingly judicious and coincide with the opinions entertained by a Urge proportion of the well informed colonists. The first point relates to the number of estates of which our Legislature should he composed. The Memorial lugges s that it should consist of three ; a Governor, to be appointed and paid by the Crown ; a Legislative Council, to be composed of members appointed for life by the Crown and of ex officiomembe s in the proportion of not more than one in tour ; and a House of Assembly, to be elected by the colonists, Tlie proposition that the Governor should be paid as well as appointed by the Crown,— that is, that his salaty should be paid out of the British Exchequer, and not as heretofore, out of the revenues ot the colony — was first started by Sir William Molesworth, iv oue of tm able Parliamentary speeches on the colonies Its merits depend on a previous question ; is ill- Governor of a colouy merely a CroWu agent, whose supreme duty is to protect Imperial interests ; or is he a confidential umpire, whose duty is to harmonise, as far as may be piacticable, and to the best of his judgment, imperial interests with colonial rights? The hon, Baronet, the member for Southwark, took the former view, and argued that as Governors were simply Imperial agents, their salaries ought to be paid out of Imperial funds. We believe Sir Richard Bourke took a similar view, using the expression. " I am sent here to protTt the interest of (be kVown," Now, if this view be the true one, we think there can be no doubt that the Mrmotial is right in adopting Sir William Molesworth'* inference, that the Crown should pay the Govirnor as well as appoint him. If, on the other hand, (he office of Governor is anal 'gous to th>tt of an impartial umpire, who is as much bound to guard against imptrial as against colonial encroachment, it is only reasonable that the burden of his remuneration should be equally divided between the patent country and the colony. The proposal that the nominee members of the Legislative Council, or upper chamber, should be appotatfd for Ufa, is not sufficently guarded. It is by no means impossible that a nominee might become morally, mentally, or physic illy unfit for office. Provision ought therefore to be made for meeting such a contingency. The tenuieof office should be competency and good behaviour; and his "pters" or the upper home, should be the tiiliunal for trying any member impeached for want of either of these qualifications. The reasons assigned by the Memorial in favour of a second chamber, and of its being provided for at once by the Act of Parliament, appear to us, on mature deliberation, to be sound and cogeni ; that it is Oi the highest importance to pr >tec the col >ny against rash and hasiy legislation ; that the interposition of a second house is the best attainable means of giving such protection ; and that if the measure be lek dependent on the will of the. Lpgiblative Council, as now c nstituted, it may, from obvious causes, be indefinitely postponed. The Memorial next proceeds to urge the justice andpol.cyof couceding to the local Legi-lature the conholof the Customs expenditure the administration of the waste lands, and, iv fine, the management of evuy branch ot colonial revenue. The necessiiy for these concessions has been so often stated and urged in our own writings, that we have only to express our entire concurrence with ibis part of -he Memorial. Equilly reasonable djes it appear that the Governor for tde time being should be eutrus,ed wiih the patronage </f official oppo'ntments, and that, as far as conveniently may be, all vacauc.es should be filled up fjom amonpst the inhabitant! «>f the colony. The find su»gestion, though technical, is valuable. The Bill, as prepared at the Colonial office, mixes up a variety <>f matters, and refers to antecedent enactments. The Memorial recommends that the proposed Act shall contain within itself, and clearly define, the future constitution of the colony, vfiihout unnecessary reference to former Acis. We should have recommended also that the Act for the government of New South Walfi should be confined exclusively to ihe affairs of this colony, leaving Victoria, Van Diemen's Land, and South Australia, to be legislated lor in Acts of their own.