COLONIAL LEGISLATION.-THE AUSTRALIAN COLONIES' BILL. [From the Times, May 15.] To the Editor of the Times.

New Zealander, Volume 6, Issue 471, 19 October 1850, Page 3

COLONIAL LEGISLATION.-THE AUSTRALIAN COLONIES' BILL. [From the Times, May 15.] To the Editor of the Times.

Sir, — The House of Commons performed last night the finale of the first net of the legislative drama which has for its title " the Australian Colonies Government Bill." The bill was read a third time, and now goei to the lIOUBO of Lord*, where, I may presume, it will receive no very important emendations. The measure may therefore, as it now stands, be considered the matured result of the combined wisdom of Parliament and the Colonial Minister. Here we see the finished product of Lord Grey's meditations on the history and science of colonial government, criticized nnd emendated by the representatives of that nation which possesses the moat extensive colonial empire that ever existed. The Colonial Minister and his critics have been called to the performance of tins duty under the most favourable ciicumstanccs. They have power without limit— they hove in the history of their own colonies, and in thote of Spain, France, Portugal, Holland, and Sweden in modern, and of Greece in ancient times, an unbounded experience. Eyery difficult problem that could be suggested for solution, every exigency that arises from the peculiar relation and condition of a colony, every various system of government and of. social institution!?, may he found in these vast and interesting records described nnd discussed, and every difficulty there rcßolved, if capable of solution. Our legislators, then, have power— they ought to have knowledge. The people of England, undismayed by the disastrous result of the North Aineiican colonization, so noon ns they had lost their magnificent dependencies in the West, turned their adventurous footsteps to the East and South, and now a°aitt we see arising from their indomitable courage, industry, and perseverance, new communities in that distant hemisphere, which. bid fair 111 time to lival the great rrpublic which wn» once our colonial empire of the Weit. With all the varied and recent experience which our fatal disputes with America ought to have indelibly stamped upon, his memory, the Colonial Minister addressed himself to the task of legislating for the various flourishing communities which lie scattered over the territories thus invaded by the " restless foot of English, adventure." Can any one who, with all of the past suggested by Iheie few words of mine present to his mind, calmly takes up Lord Grey's Australian Colonies Government Bill, and considers its purposes, and the many advanLiges possessed by those who trained it — cun any one, so judging of this measure, consider it an act of legislation worthy of the great people from whom it emanates, equal to the exigency it is framed to rneet^ or honourable to those by whom it has been sanctioned It cannot be bo considered. To completeness it has no pretension. Symmetry from the frst pige to the last it ostentatiously despises. lls phraseology is loose and inaccurate ; and balore ihcie can be a possibility of putting its proposed enactments into operation a host of details must be previously a> ranged, for which no piovi ion bus lieen devised by the act ftsclf. The bill | rofesses to be a measure by which various governments are to be called into ex'itcnce, and by which a great confederation of State 3 may be created. The Governments which it proposes to coiibtilute are in. their nature subordinate Governments — the relation which is marked by tbj word " colony " implies subordination. Yet all the diluculties which hUtoty trlls us must arise in consequence of this connexion are lei t wholly unpiovided for. What the Colonial Governments may— what they may not do, is nowhere stated with an) tiling approaching to uccuiacy or complcteneup, Bui while the poweis of these Governments are left in this vague nnd unsausfueloiy sUte, an additional cuusc of dispute and doubt is industriously brought into active opisraiiuu by thi owing all the legislative poweis togfther, and saying to the olonisls, " Apportion them for yourselves." Thus, with the benevolent wuh. of providing (or the good government of these growing coinuiuniUje, the Legislature has cant among Uieni a pnze to bo obtained only by fierce and dangeroub strife — a btrife which inu.t delay the advancement of the colony, and may pioduce lasting dissension for ages to come. The courae pursued by Lord Gray on tins great 00 casion was not in accordance with that character for couiagc which he has hilhei to sustained. New Zealand, South Afr.ca, iv*A Australia, all voiy modem colotuci, had outgrown that wcalijconditiou, in which,

like children, States can be governed by t species of parental despotism. Englishmen by becoming colonists by no means loee their love of self-government. They fret under a governor and quarrel with his commands, lonietimes even when they are wise, because they arc commands. The confidence in their own strength and courage which makes men successful colonist* makes them also impatient of any lule but that of themselvei. Lord Grey has always admitted as a principle that a colory to be well governed must for the most part govern itself; but tb rough out all bis dealing* with the colonies of New Zealand, South Africa, and Auitralia, he has evinced aomthing like doubt as to the truth of tbe principle which on many occasion! he has enunciated without reservation. He wrnt to Parliament and proposed a constitution for New Zealand—Parliament met \m wishes, and cordially acquiesced in his measure. The Governor of New Zaaland, a very worthy person, but still a man, when the constitution arrives, is suddenly seized with doubt and fear lest the colonists should maltreat the nasives. He therefore writes home, entreating Lord Grey to suspend the operation of his own law. Lord Grey yields, gives up his principle, and stifles his own offspring. South Africa, like N<w Zealand, wishes for self-government. Loid Grey, believing; the wish teasonable, does— what ? Taking history for bis guide, and bis own experience also as a monitor, doe* be proceed at once to frame a meaiure for th- colony ? No such thing. He frames a commission, directed to most worthy and intelligent persons, doubtless, but not the person whom the Queen hid appointed Secretaiy of State for the Colonies. By this commission these worthy persons are enjoined to inquire, and, inquiring, to report what, in their opinion, ought to be done. Tbe Minister by this means shrinks from responsibility, and very plainly avows that he is either afiaid of, or unequal to, the duties of his office. Lord Grey has often strongly expressed bis own views on the subject of colonial government. In tbe Colonial-office be had personally acquired large experience, had seen the evil working of many established institutions, and had openly avowed opinions respecting them. But now, when by his high position he is called upon to act, he faints by the way, and removes the burden to other men's shoulders. To bis high position his chief claim was tbe experience be had gained in the very office lowbicb he was now to be appointed as the head. But this experience he throws aside, he abdicates his functions, and, like an incompetent general on tbe eye of battle, calls a council, and acts upon tbsir suggestions. With respect to South Africa., he was unshackled. That colony, acquired by conquest, and untouched by an act of Parliament, was open to tbe exercise of the Royal prerogative, and Lord Grey might, without endeavouring to meet and agree with tbe fancies of either House of Parliament, have framed a charter giving the colony all the powers which he believed necessary. Far from so doing, he first asks advice from a certain Committee of tbe Privy Council ; he sends their suggestions to tbe Governor, who has instructions to submit them to the existing Council in the colony, appointed by the Crown. This Council is, according to certain rules, to frame and adjust a constitution, which it to be sent home for final approval— a most circuitous courses which, however, relieves the Colonial Minister of all responsibility, and deprives him of all the honour, if there be any, resul'ing from this legislative production, which, by tbe variety and Bumber of its authors, may illustrate the truth of more than one musty proverb. With respect to Australia, Lord Grey is equally happy in the absence of all responsibility. He, in framing his bill, has followed the suggestions of his appointed commissioners ; and by their advice has persuaded Parliament to leave every difficult question to. , which tbe bill relates unprovided for. The consequence is inevitable. The Constitutional Act of Australia-— when it reaches the colonies~wtll be the signal for the commencement of violent and angry discussion. The practical good sense of the colonists will, I hope, remedy the evil ; but many years will be required for the attainmeat of this result, and much heartburning, many dangerous quarrels, and great hindrance of improvement will be the damnosa hcereditas conferred on the colonists by ibis last attempt at colonial legislation. These anticipations are not the result of mere speculation. A long, varied, and not unsuccessful experience has taught me the necessities, tbe feelings, and the wishes of the communities for whom this act of legislation has been prepared and, speaking advisedly, I say, dissension, hate, and danger will everywhere attend the working of this bill. I am, Sir, yours, &c, A Colonist. London, May 14, 1850.

The Times thus remarks upon thii Letter and generally on ihe measure to which it refers :— In another part of our impression our readers will find gome very sharp comments, by " A Colonist," on the bill winch has just passed through the Commons for the government of our Australian coloniei. At a particular view of the subject, ur^ed with much ingenuity and eloquence, we have thought it fair to insert the letter, though we must beg to protest against both iti substance and its tone. The writer appears to think that with the numerous lights of history to assist us, with a vast colonial empire, and varied experience, it would have been an easy thing to tend out a complete, satisfactory, safe, and final constitution to our I Australian colonies ; one that would fulfil all their j hopes of independence, confirm iheir attachment to the mother country, and save us from all further trouble about them. We are altoge'her of another opinion. Indeed, we cannot help thinking that the writer hits indicated some of the very circumstances whtch render the task now before Parliament one of the moit difficult — we had almost said the most hopeless, ever proposed to a. Legislature. It is true that we have a multitude of color ial precedents before us, but, with scarcely an exception, they are precedents that ended in separation. It is true that we are a powerful, enterprising, and enlightened people, but our colonies have inherited these qualities, and are not the more tractable and submissive in consequence. We have also a constitution ourselves, and a representative Government ; but that honourable privilege, while it distinguishes our case from that of the various nations which have possessed colonies before us, does not lighten the labours of our colonial administration; nor does it prevent colonial grievances from being fostered in this country, or our own party differences from extending to the colonies. It would be the height of rashness to affirm that the bill is the best that could be devised, and this is not the lan^ua^e of the authors. But, while we speak and feel very diffeiently about it, we 'must protest against that; practical sort of criticism which denounces the bill simply because it is not what it does not pretend to be. It in easy enoti =>h to say the measure ought to have been fiiul — it ought to have contained the plan of a constitution to last ten thousand year6— it ought to hove left nothing to the colonists — it ought to have left nothing to the Co'oinal-offiVe— it ought to have been given with less delay — it oughl to have received the unqualified approbation of all the colonial governors, councils, newspapers, and population*— U ought to hare been

fifty other tbings that might be imagined, or at least put on paper ; but practical men are aware that it is impossible for a measure to be everything at once, and therefore it is impossible for it to escape that loose sort of criticism which is founded on the critic's particular prepossessions. We need only peruse the debate of Monday night to prece ive that it would have been impossible to please everybody ; at leait, nothing short of a vision of aneels would have stanched the prolific ingenuity of Mr. Gladstone's opposition. We should be sorry to see any law or other scheme ever devised by human wisdom subjected to the right honourable gentleman's apparatus of critical torture. We are no enthusiastic admirers of Lord Grey's policy ; but that is no reason why we should join a mob of malcontents in giving a species of charivari every time he comes before the public, especially when he presents himself in rather a new light, with a measure which is an exception to hii former policy and was the very rashnfis which the "Colonist" alludes to under the name of courage. In the present instance Lord Grey has kept the measure three years in hand— he postponed it from last year to this at the urgent entreaty of the colonial reformers ;— he has consulted the colonies, and received a sufficient amount of favourable testimony. The measure submitted to Parliament af'er these cautious preliminaries is rather an outline for the colonists to develope than a finished plan ; — it does not contain one single innovation at variance with colonial opinions ;— in fact, it is a meie beginning — a mere tender of legislative powers. Why, thm, is it so furiouily censured ? Simply for what it does not attempt. It does not abolish the Imperial Veto. It does not impoie Lords and Commons on each of our five Australian colonies and New Zealand. It does not establish a judicial tribunal, or rather court of arbitration, beiween England and her colonies. "It leaves difficult questions unprovided for." It it this very caution, this very want of pretence, this incompleteness, which we think the best course under existing cii cumstances. That the measure will be attended with much succen is more than we dare predict, but we think it will stand a better chance than a " bolder" and more " symmetrical" scheme.