WEDNESDAY, FEBRUARY 19, 1851.

New Zealander, Volume 7, Issue 507, 19 February 1851, Page 2

W E D NESDAY , FEBRUARY 19, 1851.

Tun model of a Constitution for New Zealand which the Wellington " Settlers Association " has prepared to *' enlighten " the Imperial l.epislaiure, is set forth by their ' ornmittee in the Report (referred to in our last) at a length which would preclude its transference inextenso to our columns, unless it were a terse, compact, and closely-linked piece of argument or illustration, having its several portions so dependent on each other, that the whole must be exhibited in order to the formation of a correct estimate of the principal and practical parts. such, however, is far indeed from being the character of the document, which abounds in mere verbiage, and expatiates most largely on what is scarcely matter of dispute at all, —as, for instance, on the propriety of establishing a very extended franchise, which is copiously discoursed on, with manifest plagiarisms from j Sir Georob Grey's despatch enunciating sub-st-mtially similar views, (which appeared in the New Zcalander a few months since)j-^—al-though, as might have been anticipated, the Associationists •' serve his best thoughts as gypsies do stolen children, disfigure them to make them pass for their own." We shall have no difficulty in piesenting within a small compass such an epitome of the scheme of the Southern Solons as will gratify any curiosity the reader may feel respecting its character, without trespassing too much on his time and patience. The grand object to be attained is proclaimed to be " Self-Government." This has a very captivating sound. None of us like iestraint from without. From the days of Adam downward a disposition to be independent of rule and authority has been human nature all the world over. Politically, however, SelfGovernment, properly understood and exercised, is a right of freemen which we not merely admit, but are prepared to contend for to the utmost and to the last. Let us see what it means in the nomenclature of our Southern Reformers, " By the term self-government/ say they, " is to be uiideibtood the absolute control of nil the internal «ff<iirs of the colony without nny interference whatever on the part o/ the Imperial Government, either by mi-fins of a veto on Local Legislation rcin-rvoil to the Home Government, or by the power of initiating or regulating such legislation by Royal or Ministerial in» htmctions." This definition has, at all events, the merit of being so distinct as to leave no room for mistake as to the object. It is virtually an entire repudiation of the sway of the British Crown; and a demand for a Constitution which may as well be honestly called Republican, as it clearly would be so in fact and effect. But, to the details by which this leading idea is to be worked out. The Legislative power is to be vested in a Chamber or Chambers entirely elected by the colonists, without the presence of any nominees of the Crown. The Governor is to possess only a \eto in his local capacity as one of the estates of the Legislature, which he is ! to exercise on his direct responsibility and that of his local advisers, " unguided by any ] instructions" from home. No other authority than that of the Local Legislature itself is to have power to suspend, postpone, or revoke any of its acts. The Governor is to be appointed and paid (our sanguine Constitution-makers take care of that point) by the Home Government; but he is to be removable on an address to the Crown from- two-thirds of the members of the Chamber or Chambers. The appointment of other officers of Government is to be vested in the Governor, but their continuance in office is to depend on " their retaining the confidence of the colonists.!' Accordingly their salaries (wiih the exception of the Judges') shall be voted annually by the Legislature, "no civil list whatever being necessary in the Colony, and none therefore to be reserved." But what of the Judges ? How is the allimportant principle of securing their independence of popular passion, prejudice, or caprice to be guarded"? Why, they are to " hold their offices during good behaviour," as to which good behaviour the v hatnber is to determine -, and on an address from two-thirds of the members for the removal of any Judge of the Supreme Court, the case shall be—

what ? submitted to the decision of the Crown or its supposed Representative in the Colony ? No such thing. The Governor in tbis as in other matters to be the " obedient puppet" of the Chamber ; " the functions of the Judge shall ipso facto cease, and the Governor be bound forthwith to declare his office vacant, and take immediate steps to fill the same with some other fit person." After the assertion of such powers as these for the Local Legislature, we might feel a little surprised at the admission which follows, I that there are " subjects of legislation and administration which are Imperial, and should I not be under the control of the Local Govern- J ment." Ihe surprise vanishes, however, when we look at the list of these subjects. Of fifteen which aie enumerated, ten have almost exclusive relation to matters connected with the j maintenance of peace or war with foreign j powers, and the establishment and conservation j of military and naval defences for the colony. That is, in plain English, — which John Bull, dull of apprehension as he is sometimes supposed to be, will be at no loss to understand — the future chambers will in their great gene rosity, permit England to provide troops and war ships and to eiect fortifications for the prolection of the Colony ; — John, of course, puying as a gentleman should, for this privilege ; it | being specially provided that if he should want land for any of his " military or naval" purposes" he shall " make due compensation" for J it ! The remaining five articles concede to ihe Home Country the power of determining appeals from the (. olonial Courts; of establishing prize courts ; of coining money ;of regulating the transmission of letters by sea ; — and "of grunting titles of nobility.' 1 This last concession reaily seems as if some satirical wag had introduced it to cast an air of burlesque over the whole. The self-denying Chambers will actually be content to forego the right of creating Dr. Fi.atheuston Marquis of Burnham, or Captain Daniell an antipodean Duke iof Wellington ! Risum tencaiis ? But we must hasten on. Although the Committee would themselves prefer a single J Chamber, yet, in deference to the opinion of Colonial Reformers at home, they are willing that there should be an upper Chamber. It must, however, be wholly elective, and must not originate any money bills. The period for re-election of the Lower House is to be I three years ; for the Upper, five. The Parliament to meet at least once a year. The elective franchise "after much consideration" is fixed on the basis of universal suffrage. No other qualification is to be re- j quired than "to be a male of adult age, having resided twelve months in the colony, j and not being subject to disqualification by i crime and conviction." If any Natives are to be allowed to vote— (and it is very evident the Committee would prefer their tot.il exclusion) — "a qualification ought to be required sufficiently high to restrict the privilege of voting to the few Natives who form exceptions to the yener.il barbarism of the rest." The responsibility of fixing this is left to the Home Government, piovided always that a certificate of fitness from the Governor shall not constitute a qualification. The qualification for members of the Lower House is the same as that of Electors— adult age and twelve months residence : for the Upper House, five years' residence in the Colony. Finally, " The Waste lands of the Colony ought to be placed at the disposal of the j Colonists, to be administered in such manner as to the Legislature miy from time to time j seem fit." Alas for the proprietary rights of the Natives, if the pupils of the New Zealand Company 's school, the followers of Mr. Fox, are to have the latitude in dealing with what they may choose to call " Waste Lands," which this provision, thus unrestricted, would confer upon them ! Although we have interspersed this digest of the Southern " Form of Constitution " with some of the comments which occurred to us as we passed through the particulars, we believe we have given no unfair or garbled representation of all its essential parts. Our readers will judge of it for themselves. We do not say that it includes no points worthy of consideration with a view to their modified adoption :-^-it would be strange if in so many bushels of chaff there were not some grains of wheat : — but we do say that it is a scheme wh eh the Imperial Parliament is no more likely to acquiesce in than it is to concur in Dr. Lang's project of Australian Republicanism, or in the demands of the Irish Repeal Association. Still more, we cannot divest ourselves of an apprehension that should it reach home before the discussion of Loid John Russell's plan for the government of New Zealand (which, however, is not very probable), it may rather retard than help forward that extension to the colony of really constitutional and British Representative Institutions which we ardently desire and have always advocated, — by raising in the minds of Englishmen the questiou, — Are men who seriously make surh proposals as these fit to be entrusted with powers of local self-government % It is by no means impossible thai our Southern 'par excellence Reformers may, like the dog in the fable, lose for the present a substantial reality actually brought within their reach, by an inconsiderate grasping at an illusive shadow.

A Government Gazette was published on the 6th instant, and another on Monday last, the 17th. We subjoin a summary of their respective contents, taking them in the order in which the several notifications are made. The Commissioner of Crown Lanhs officially notifies ttie names of the Wardens elected for the several Hundreds, according to the provisions of the Crown Lands Ordinance. The results of these elections have already appeared in our columns. Notice is given that the Court will sit for the despatch of Criminal business on Saturday the Ist of March; and for Civil Business on Friday, the 7'h. Two Special Meetings of the Justices of the Peace for the Town and District of Auckland are called, to be held at the Resident Magistrate's Court, on Tuesday the 4th. of March ; one at eleven o'clock, to receive applications for the transfer of Publicans Licenses; the other at twelve o'clock for the purpose of forming a Militia List for the ensuing year. The List of Men liable to serve on juries for the year 1851-2 is next given, occupying upwards of thirteen pages of the Gazette. The Cor.oNi/u. »SKcaiir\RY publishes a Return of Immigration and Emigration at the Port of Auckland during the year 1850, compiled fiom authentic official records. The total number of Immigrants was 527 : of Immigrants 629 : showing an excess of Immigration over hmigration amounting to 102. That this excess was not much greater is attributable to the delusion which drew away so many to California during the first three quarters of the year; there having been 300 emigrants to that country within that period, and only 65 immigrants from it during the whole year. Our readers may remember that we on a former occasion called attention to the gratifying fact that during the December quarter there was not a single emigration from Auckland to the "land of gold.". . .The Return does not include the Military, nor Soldiers discharged from the Army to remain as settlers in the Colony. These last with their families, numbered 209 souls: viz, 151 men, 21 women, and 37 children. The accounts of the Wardens of the Hundred of Auckland for 1850 show an income from License Money, Fee^ Fines, Assessments, &c, amounting to £1 13 18s. 4d , and an Expenditure of £380. 12^. 9d. Of this sum, £258. 1 5s. 9d. was expended in erecting and fitting up the Slaughter House, Pound, and Market, and erecting a Dwelling House. Balance due to Wardens for 1850, (Alajor Matson and Mr. Foster,) £266 15s. sd. The Wardens of the same Hundred for the present year (1851), report a resolution that the assessment of cattle for the first half-year, commencing from the Ist of January, 1851, shall be two-pence per head per month, payable quarterly in advance ; they give the details of their apportionment for Great Cattle ; and they add a Regulation that if the whole number apportione t should not be turned on, the Hundred, those license holders wishing to run a greater number than the apportionment, can do so (on obtaining the consent of the Wardens) by paying an assessment of livepence per month. The Wardens for the Hundred of Howiekiox 1851, report that they consider the unoccupied Crown lands in the Hundred capable of depasturing eight hundred head of Great Cattle, and annex a detail of the apportionment which they have made in accordance with this calculation. The Otahuhu Wardens for last year report that, as their funds were insufficient to carry out requisite improvements, they incurred no expense Major Gray reports that the Wardens of Panmure for 1850 incurred no expenditure, and that the sum received for depasturing licenses (£l9 ls)s.) has consequently been handed over to the newly elected Wardens. A sale by Auction of about five acres of clover, and ten acres of potatoes, standing on the ground at Panmure, lately the property of Major Gray, is advertised to take place on Wednesday, the 19 h, (this day) at Messrs. Connkll & Ridings' Mart. A Meeting of Magistrates for the town and district of Howick, is convened for the 4th of March, to receive applications for the Transfer of Publicans' Licenses. The returns of cases treated at the Colonial Hospital, New Plymouth, from January to December, 1850, are certified by P. Wh«son, Esq., Colonial Surgeon, The number presented at the Dispensary was fi^e hundred and sixty. The number treated in the Hospital was eighty* i three, of which seventy-seven were discharged, two died, and four remained. The Auditor-General publishes the return of Revenue and Expenditure on account of the Province of New Ulster, during the quarter ending Dec. 31, 1850, showing also the Re- | venue and Expenditure for the corresponding quarter of the year 1849. The receipts for Auckland in the quarter 1850 amounted to £9,481 13s. Bd.; in 1849, £5,259 os. lid. The principal items in this augmentation appeared to be the ad valorem Customs revenue, which increased from £1,493 2s. od. to £2 692 4s. 11(K, and the proceeds of the sale of Crown lands, which increased from £427 lls. 2d. to £3,434 lls lid.— Russell, in the quarter 1850, £239 12s, 10d,: in 1849,

£161 7s lOd— New Plymouth, in the quarter 1850 £514 4s. Hd.: in 1849, £151 17s. I Id. Total Income for the December quarter 1850, £10 156 14s 5d.: — for the corresponding quartet of 1849, £5,650 11s. Bd. ...The Expenditure for Auckland was in the quarter of 1850, £7,5i3 17s. 4d.- in 1849, £5,005 Is. 3d. (A note is here appended stating that the Government, during the quarter ended December, 31, 1849 reverted to quarterly periods for payment of salaries ; the salaries of that quarter were not paid until the month of January following.)— Russell, in the quarter 1850, £467 3s. id.: in 1849, £258 7s Id.— New Plymouth, in the quarter 1850, £738 14s. 5d.: in 1849, £1,165 Bs. 2d. Total Lxpendlture in the December quarter, 1850, £8,749 18s. 10d.: in the corresponding quarter of 1849, £^,4-28 16s. 6d. The accounts of the Wardens of the Hundred of Pupuke for 1850, show Receips amounting to £4 14s. 6d. ; expenditure by construction of two Bridges betweeen the Flag-s aff and the i'upulce Lake, £4 ; leaving a balance of 14v 6d. in hand. The Wardens of the Hundred of Onehunga return Receipts for 1850 amounting to £24 12s. 6d. Alter defraying their expenditure there remained a balance of £4 17s. Id., which has been paid to the Commissioner.