A TALE OF COLONIAL GOVERNMENT. [From the Spectator.]

New Zealander, Volume 7, Issue 587, 29 November 1851, Page 3

A TALE OF COLONIAL GOVERNMENT. [From the Spectator.]

Oun colony of tbe Cape of Good Hope was obtained by conquest, in 1806 ; and therefore, although, at the final cession by Holland in 1814, tho Crown of England engaged by treaty to respect law, property, and religion, yet the inhabitants became politically what is called '* Crown colonists," or subjects of the Crown entirely destitute of the privileges of English freedom. Down to 1834, the colony was, politically, a garrison like Gibraltar, subject in all matters of authority to the mere pleasure of the Crown as expressed and earned into effect by tbe Governor individually. The natural abuses of tins despotism, together with the immigration of people born in and accustomed to British liberty, led by degrees to a general desire for the enjoyment of political privileges ; and, in 1834, the Crown granted to the colony a charier of government, whereby the will of the individual Governor was somewhat restrained, and the colonists obtained some part m the management of public affairs. In detail the grant was small, but the whole principle of despotism was abandoned. The letters patent of 1834 turned the " Ciown" colony into a " chartered" colony. *' Rights," *' privileges," and ll franchises," took the place of arbitrary rule ; and this not only as respects legislation by the new machine of government, but as respects the machine itself. There was a constitution — a fundamental law of government — which the power that had granted it could neither recall nor alter by its own mere will. The Crown divested itself of the right to diminish liberty. Further charters of government, if accepted by the colony, might add to liberty by granting further privileges; but the privileges already gianted could not be recalled by the mere authority which had granted them. As the chrysalis die 3 m giving birth to the fly, so the constituent power of thfi Ciown expired when it performed the act of granting a constitution. As respects the form of its government, the colony esenped from the jurisdiction of the Crown alone, and came under that of Parliament, except in so far as the Crown had still the right to ma ease liberty by further grants. The constitution of 1834 did not woik well, of course, hiving come too late and granted too little. Long after the people desired representative government on the plan of our constitution at home, the letters-patent of 1834 only created a Legislature, all the members of which were to be nominated by the Crown and removeable at pleasure. To the disorder of attempting to govern by rueaos of a Council of Crown nominees, there was recently added the turmoil of Lord Grey's unsuccessful attempt to make the Cape -a penal settlement. The colony became ungovernable by any means in existence ; and then the Crown, in May 1850, granted a further charter of government whereby the " rights" and ''privileges" of hbeity were considerably •enlaiged. The colony was to be ruled hy a '* Parliament," consisting of the Governor and two Houses, both elective. The new charter also oreated a temporary Council, and confided thereto certain constituent powers with regard to important details of the new constitution. This temporary and constituent Council was to be composed of nominees, official and unofficial, seven to six ; but the Governor, on the ground that nomineeship had fallen into such contempt and aversion as to be unworkable, virtually called on the people to elect five of the unofficial members. This was done ; and then the Gorernor, apparently repenting of his liberality, annulled one out of the five elections, and so filled the colony with distrust. His next step was a deliberate attempt to use the Council, not for the constituent purposes of its temporary being, but for passing all sorts of ordinary laws, including important measures of finance and taxation. Thereupon the four virtually elected members resigned ; the number of the Council was reduced below a quorum ; the Governor could not find four presentable colonists willing to becomß nominees in place of those who had resigned ; and all lawful government, whether for constituent or ordinary puiposes, came to a stop. In this predicament, the Governor, not knowing what to do, suspended all notion, and wrote to Lord Grey for instruction*. The colony likewise appealed to the Im- | pertal Government, by means of choosing delegates and sending them to England with a plan of constitution, and prayers for relief from the disorders and miseries which afllicted the country. But those were yet to be augmented both in number and degree. Just as the quarrel between the Governor and the colonists had reached the verge of civil war, and had at all events become irreconcilable save by Imperial action, the present Caffie war broke out ; and and the Cape of Good Hope is now suffering an accumulation of the worst evils which can arise from misgovernment. The Caffre war costs this country nbout £3000 a day. But the colony is ready, in exchange for a constitution of fiee government, to undertake the whole management and expense of its relations with savage tribes. The delegates, (Sir Andries Stockenstrom and Mr. Eairbaiin) whose character as representatives of the colony is abundantly proved by the manner of their election, have been in England some time, but have failed to obtain any kind of satisfaction from the Government. Indeed, it may be said that Lord Grey has tieatod them with wor&e than neglect, by refusing to give them any information concerning the fate of their country. But at length out comes a "blue book," which furnishes ample infoi (nation. It appears that, on the 13th o< last month, Lord Giey sent fresh instructions to the Governor of the Cape, whereby be is directed to suspend indefinitely the operation of the charter of 1850, and to rule the colony by his own will and pleasure with the aid of a veiy small Council, consisting, if he please, entirely of official poisons. This is the only

answer of the Imperial Government to the almost unanimous prayer ot the colony for a free constitution. Existing charters aie abrogated, not by l'mliaiuent, tlm only competent autbonty, but by the meie will of the Ciovvn, and even by an mstrument less weighty thau. those which it supersedes. By means of the utuioit uiong ppipetiaied in the most alVionting manner, the colony 19 tieated as an enemy and set at defiance. And the whole pioceeding apppais to be illegal into the bargain ; as if the object witp to encouiage resistance to the new despotism by betting; it up in a manner to render resistance lawful. Besides the Caffie war, England may possibly soon have a Cape war on bar hands, both of them being the exclusive handiwork of her own officials in the colony and at home. Metmwhile, Pui Uument ignores the whole maltei ! The impolicy, the insulting cruelty, the l legality, the costliness of these proceedings, all are utterly disregarded by Pailiament. The story, if it does make one long for the restoration of an unreformed House of Commons, adds another circumstance to the many which indicate that the present state of parties and politics at home, by suspending the functions of both Government and Oppobition, is preparing heavy evils for oui salves.