The New-Zealander.

New Zealander, Volume 5, Issue 423, 4 May 1850, Page 2

The New-Zealander.

Be just and fear not : Let til the ends thou aims't at, be thy Country's, Thy God's, and Truth's.

SATURDAY, MAY 4, 1850.

We are indebted to the Polynesian for later in- ! telligence both from Europe and America than has reached us through any other channel than via Honolulu. The Meeting of the British Parliament had been fixed for the 3rd of February. As usual rumours as to contemplated measures prevailed everywhere in political and commercial circles. One to •which the Morning Advertiser had given currency, but which we do not think very probable, was that the Cabinet itself would recommend a severance between the MotherCountry and the Canadas. Ministers have, it is alleged, armed at a carefully formed and matured conclusion that the Canadian connexion costs England more money than it is worth. But, have we really come to such a point of absorption in mammon-worship that such a question as this is to be determined on merely £. s. d. considerations ? The other countries of Europe were very unsettled. The Emperor of Russia had discovered a conspiracy against his life, formed chiefly by persons in the upper ranks. A very preremptory ukase had appeared requiring all Russian subjects in foreign countries to return home, and threatening confiscation of the entire property of any who should refuse immediate obedience The Austrian Government was in new troubles, a rebellion apparently of a formidable character having broken out among the Servians. Large numbers of the military had joined in the movement, and the insurgents were said already to possess an effective force of 120,000 men, with 110 cannon The Pope had not yet returned to Rome, but the Cardinals were beginning to come back In Holland the Ministry had laid before the Chamber a Bill having for its object the abolition of the transit and navigation duties upon the Rhine, and the abrogation of the different duties on colonial trade. Mr. Judd, the ambassador from the Government of the Sandwich Islands on the subject of the recent French aggression had arrived in England, accompanied by the two Sandwich Island Princes who excited much interest. M. Dillon the French Consul, whose name has figured prominently in the history of the aggression, was at Paris, in conference with his Government.

By way of Honolulu we have also intelligence from New York, coming down to the 17th of January. The American Congress had been organized. After sixty-four ballottings, the House of Representatives had succeeded in electing Mr. Cobb, (Democratic) as Speaker, on the 23rd of December, and the President's Message was received and read on the 24th. As usual with such documents in America, it is enormously long, introducing a great variety of topics, and discussing them in great detail. One of the most prominent and interesting, has reference to the proposed canal through the State of Nicaragua to connect the Atlantic and Pacific Oceans. President Taylor says, "I have directed the negociation of a treaty with Nicaragua, pledging both Governments to protect those who shall engage in and perfect the work. All other nations are invited by the State of Nicaragua to enter into the same treaty stipulations with her ; and the benefit to be derived by each from such an arrangement will be the protection of this great interoceanic communication against any Power which might seek to obstruct it, or to monopolize its advantages." It is expected that the uudertaking will be executed by private enterprise, without grants from naiional funds ; — the remuneration of the parties to be derived from a t011 . , . .There appeared to be a considerable deficit in the revenue as compared with the expenditure, which \ was attributed to the extraordinary expences of the war with Mexico,

and the purchase of California and New Mexico ; it would be necessary to borrow money to cover this. . . . President Taylor then discusses Californian affairs, anticipating the admission of California into the Union as a Sovereign State. Amongst other things, he recommends the establishment of a branch mint in California, and proceeds, — " In order that the situation and character of the principal mineral deposits in California may be ascertained, I recommend that a geological and mineralogical exploration be connected with the linear surveys, and that the mineral lands be divided into small lots suitable for mining, and be disposed of by sale or lease, so as to give our citizens an opportunity of procuring a permanent right of property in the soil. This would seem to be as important to the success of mining, as of agricultural pursuits." . . . .The latter portion of the Message treats of the Post Office, and recommends a further reduction of the postage on single letters, to the uniform rate of five cents, regardless of distance. The Polynesian, in whichjwe have found this report, — (March 16). — enables us to give some account of the San Francisco market on the twenty -fifth of February — being three days later than the price current copied in our last : California Market. — We gWe below the prices quoted in San Franciico,on the 25th February, of tome of the article! in which these islands are more particularly interested :— Beef, mess, .... -8*10.90 " prime .... 7.00 Butter, per Ib. «... 90 Bread, Pilot, do. ... 8 " Naty, do. . 6 Coffee . . . . 12 to 15 Flour, Chile, 200 lbs. . . 13.00 " American . . 10 to 12.00 Lumber, good American • 100 to 165.00 " common . . 50 to 80.00 Molasses, average . . • .1.00 Oil, sperm . : . 1.50 to 2.00 " wbale . . . .50 to 60 Pickles, quartf .... 12.00 Fork, roesj . . . 30 to 35.00 " prime . . * 28 to 25.00 « clear 35.00 Potatoes . . . .12 to .15 Sugar, brown 14 Salt, per lb ♦ .05 The following paragraph is also worth extracting :< — Fare in Steamers.— The price of passages between New York and San Francisco, in the steamers hat been reduced to #350, formerly $450, In the second en* bin the price is now #280, in the steerage #200. ! Each steamer still continued to be filled, though the emigration by sailing vesieli was much diminished at the latest advices. The steamer fare is> too high, as they could well afford to carry such crowds for half I their present rates, and the price will doubtless again be reduced, under the increasing competition. The Polynesian expresses surprise and regret at not having received " Panorama's" letters from California for some time previously. We are sure our own readers and many who are not our readers would unite in regretting the discontinuance of those very agreeable and intelligent sketches.

Amongst the rising men, or the " coming men" whose names will probably be extensively and influentially identified with future discussions on colonial affairs in the British Parliament, perhaps there is not one more likely to become prominent, (especially as relates to our Australian possessions), than the hon. Member for North Staffordshire, Mr. Charles Bowyer Adderley. Although a comparatively young man, and young senator, he has manifested a studious diligence in collecting information, and a practical and self-possessed sagacity, in bringing his original or acquired views to bear upon the subject which he has apparently fixed on as the special field of his efforts, which cannot fail to render him notable in colonial debates, — whether for ultimate good or evil to the colonies. Present indications however, are undoubtedly for good. Supposing him to be sincere in his declarations of honest purpose, which there seems ] no reason to doubt, and viewing him as the industrious and clear-headed man of business which he is already believed to be, we may anticipate for him a career in colonial investigation and suggestion for legislative purposes, which may prove creditable to himself, and beneficial to those possessions of the British Crown which have so frequently been grievously mismanaged, — principally perhaps, not so much because their interests were knowingly slighted or rendered subservient to any unworthy objects, as because their circumstances and requirements were only imperfectly understood even by those whose duty it was to make themselves accurately and intimately acquainted with them. Our present reason for referring thus to Mr Adderley, is our having been favoured with an opportunity of perusing a pamphlet from his pen, entitled—" The Australian Colonies Government Bill Discussed" — which, there is no doubt, has excited interest at home, and furnished to a considerable extent the programme of such measure of opposition as that Bill has, most probably, before the date at which we write, experienced in its progress through Parliament. As we are not aware that any copy of the pamphlet has reached this neighbourhood, except that which has been obligingly placed in our hands, it may not be unacceptable to our readers that we should lay before them such a digest of its contents as may possibly form a convenient key to some of the Parliamentary proceedings on the Australian Constitution question which it will hereafter be our duty to report,

A biid's eye view of the whole argument is given by the writer himself in the following

ANALYSIS. The Bill it good in principle ; liad only as it throughout contradicts its own proposition, 1 will, Ist state what is ill principle ; 2ndly, show wherein the bill contradicts it ; 3rdly« delineate a measure which would be true to it. I. The principle laid down is that the Prerogative can only givo constitution! as free as the Britill), and the model is that of the colonies of the last two centuries— i.e., of thiee estates, and of complete local self-goverament. It is asserted that the Act of 1842 did this for New South Wales; that it has given satisfaction ; that it is time to extend the model toother colonies ; that (his Bill does so. 11. This Bill contradicts its principle, and departs from its model— 1. In its general scheme, a. It withholds an essential feature of the model constitution— viz., a Second Chamber. b. It preserves two fatal features—viz., Nominees and a Demoeiatic Franchise. c. It constructs what the colony would do better itself— viz., (1) District Councils, (2) Endowment for Worship, (3) General Assembly and Governor. 2. In its distribution of functions, a. It gives imperial functions to local jurisdiction, not specifying any reserve of imperial authority. b. It gives local functions to imperial jurisdiction, (I) Customs 1 Duties, (2) Civil List, (3) Disposal of Land. 3. In omissions of subjects necessarily involved, (1) Court of Appeal, (2) A permanent Governor, (3) Cessation of impetial expenditure, (4) Transportation, (5) Repeal of all former Acts, 111. Meaiure truer to the principle, delineated. Mr. Adderley proceeds in detail to vindicate the views thus indicated. Iv the course of his remarks he lays down the following amongst other general principles :—: — I fully agree with Lord Grey, that the Crown has no such right over British settlements as to inflict any capricious forms of Constitution on them by Charter. It would be a monstrous usurpation over tho inherent rights of Englishmen, merely on account of their removal to fresh territories, Slaves touching tie Englishmen shore are free, Is the converse true, that Englishmen removed to other shores are slaves ? No. British Charters only recognise British subjects, as having British rights, in newly-adopted settlements, and acknowledge the same reciprocal relation to exist between the Sovereign and her 'subjects, v»hen removed there, as they had enjoyed before they left this land. What else is the meaning of the invariable clause in old charters, •' saving all rights of Englishmen," for fear anything said before, might infringe that substratum of all their constitutions ? The British Parliament, I suppose, might impose a despotism or any terms of relationship, which it has the power to enforce ; but it it not Parliament, I fear. If Parliament would only attend to this subject, md check the Crown, there would be little danger of such Constitution Bills as this passing through the Legislature. |So far I agree with Lord Grey's theory, and so far, consequently, J condemn his Bill. It would be impossible within the space to which we must restrict ourselves to follow the waiter all through his argument. We must hasten to quote in his own words the principal conclusions in which he sums up his meaning :— " I have now shown how this Bill contradicts its principle :— 1. In its construction of General Institutions. 2. .And in its distribution and separation of functions *n detail. I will now leave off criticising' its faults of commiseien—and point out those of omission. 1. First, it announces a separation of matters of selfgovernment from matters of reference to the crown, yet it provides no mode of decision in any question of disputed jurisdiction between the Local and Home Authorities. It adopts the old vague and unmtel ligible stipulation that no laws shnll be repugnant to the Laws of England. Yet it says not who shall decide what is repugnant to that sovereignty. Even if it had expressly specified. the subjects of ezcepted jurisdiction, there would still have been the requisite appeal wanting in the provisions of the Bill.— The necessity and use of such an appeal has been too recently exemplified in Canadian affairs, where arbitration would at least have been more satisfactory than a sullen acquiescence under irritated and unsettled feelings on both sides. 2.1 It affects to give a British representative constitution, yet omits to place the Governors in a position befitting the presidency of a British Constitution. It is a solemn farce to pretend to establish local legislation of three estatus, without giving dignity and permanence to the station representing that of vicecover ifjuty. 5. It omits to provide for a cessation of Imperial expenditure on the maintenance of order, or for any other internal purpose within the colonies— which a bill providing a really free Constitution would necessarily and fully provide for. Jtis because Lord Grey feels he Ills not made them free taat he does not ask them to pay for themselves. 4. It omits even to notice, much more to arrange the necessary consequence of giving any colonies free Constitutions, that transportation of convicts must necessarily be thenceforth subject to their consent ; for if they are to manage their own affairs, or pay for them— excepting where they trench our interests—it is clear we may no longer intrude on their internal arrangements nor dispose of their local interest! for the use and behoof of ourselves." It is, however, proverbially much easier to pull down than to build — to find fault with the scheme proposed by another, than yourself to furnish a less vulnerable substitute for it. And it strikes us as the main defect in Mr. Adderley's pamphlet that he deals so much in the statement of objections to Lord Grey's measure, without adequately providing a plan to re-place it, should it be cast aside. In the conclusion of the pamphlet, he does, however, sketch his outline, which we subjoin just as he has given it : — " I lastly give a vague outline of what should be the real features of a measure carrying out the principles of this Bill. It should make a complete delegation of government to a special authority.

It should make that subordinate government municipal—i, c. place it in the colony, empowering them to manage their own affairs under no control from a distant authority. It should exclude from their interference all subjects concerning the interests of the empire, making tuch exclusions specific and exceptional. It should lay down ai the basil of the Constitution, ai nearly as posiible the British form. It should establish an Appeal for disputed juris* dictions. It should make the colonies pay the cost of Imperial forces, or any Imperial assistance for internal purposes. It should make the measure complete iv itself— repealing all former acts. With those views I would, by Act of Parliament, do no more than render public and permanent the conditions, or rather permissions, and the reservations under which the free spirit of British enterprise might safely form itself into new off-set nations, under the allegiance of the British Crown. I would not attempt to dictate system to Conititu* tions, which the British are accustomed themselves to build up gradually out of the accumulating accidents of, freedom, and which, out of such materials, none can build so well as they. I would uot let their energy and spirit evaporate and waste itself by the uncertainty and vagueness of our provisions for it, nor propose a Procrustean bed for the wayward shapes of freedom. Still less would I to irritate and obstruct such tendencies, as to leave no vent but democratic emancipation to the thwarted yearnings of affectionate dependence, or the rejected sympathies of hereditary attachment." Our purpose having been, as we have intimated, rather to present to view the sentiments of Mr. Adderley than to enter ourselves just now on the discussion of the large questions here involved, we leave these extracts to speak for themselves. The judgment of Parliament upon some of them has almost certainly been pronounced before now ; and in the usual course of our four or five months reception of home news, we may expect to hear it. Meanwhile as some of our readers may wish j to know a little more of Mr. Adderley himself, we copy the following account of him from that trustworthy and most valuable compilation, — Dodd's Parliamentary Companion. " Adderley, Charles Bowyer. (Staffordshire North.) Is descended from an old Staffordshire family, having estates also in Warwickshire. Is eldest son of Charles Clement Adderley, Esq., by the daughter of Sir E. E. Hartopp, hart — Born 1814 ; married in 1842 daughter of first Lord Leigh. Is patron of three livings. A Conservative. Voted for agricultural protection, 1845. Fust returned for the county in 1 841 . (Residences) ' Carlton (Club) ; Norton-in-the-Moors, Staffordshire ; Hams Hall, Warwickshire." It may serve to complete this outline if we add that, in North Staffordshire the population is returned as 254,746 ; the number of Registered Electors in 1848, 9,438. At the last election the votes were, For Mr. Adderley, 4,092 ; for Viscount Brackley, (eldest son of the Earl of Ellesmere) 4,076 ; and for the unsuccessful candidate, Edward Buller, Esq., 3,353.